| GUINEA-BISSAU Republic of Guinea-Bissau Republica da Guine-Bissau Joined United Nations: 17 September 1974 Human Rights as assured by their constitution Updated 31 December 2012 |
PART I: FUNDAMENTAL PRINCIPLES
Article 1
Guinea-Bissau is a sovereign, democratic, secular and unitary republic.
Article 2
(1) The national sovereignty of the Republic of Guinea-Bissau is vested in the people.
(2) The exercise of political power is vested in the people directly or through the democratically elected organs.
…
Article 4
(1) In the Republic of Guinea-Bissau the establishment of political parties is allowed in conformity with the Constitution and the law.
…
Article 6
(1) In the Republic of Guinea-Bissau there shall be separation between the state and religious institutions.
PART II: FUNDAMENTAL RIGHTS AND DUTIES
Article 23
All citizens are equal before the law, enjoy the same rights and are subject to the same duties, without distinction as to race, sex, social,
intellectual or cultural, religious or philosophical conviction.
Article 24
Men and women are equal before the law in all spheres of political, economic, social and cultural life.
Article 25
1. The State recognizes the institution of the family and ensure its protection.
2. The children are equal before the law, irrespective of the status of the progenitors.
Article 26
1. Any citizen who resides or national is abroad enjoys the same rights and subject to the same obligations as other citizens, except that is
incompatible with being absent from the country.
2. Citizens residing abroad benefit from the attention and protection by the State.
Article 27
1. Foreigners, on the basis of reciprocity, and stateless persons who reside in or are Guinea-Bissau, enjoy the same rights and are subject
to the same duties as citizens of Guinea except for political rights, the exercise public functions and other rights and duties expressly
reserved by law for the national citizen.
2. The exercise of public functions can not be allowed to foreigners as long as they have a predominantly technical, except international
agreement or convention.
Article 28
The rights, freedoms, guarantees and obligations enshrined in this Constitution do not exclude others which would be provided by any
other law of the Republic.
Article 29
The exercise of the rights, fundamental freedoms and guarantees may be suspended or restricted only in the event of a state of siege or
state of emergency declared under the provisions of the law.
Article 30
Every citizen has the right to resort to the courts because of acts that violate his rights under the Constitution and by law, justice can not
be denied due to insufficient economic means.
Article 31
None of the rights and freedoms guaranteed to citizens can be exercised against the independence of the Nation, the territorial integrity,
national unity, the institutions of the Republic and the principles and objectives enshrined in the present Constitution.
Article 32
1. Every citizen has the right to life and to physical and moral integrity.
2. Every citizen enjoys the inviolability of his person, it may not be detained or suffer any sanction, as in the case, according to the forms
and with the guarantees provided by law. An accused or defendant has the right to defense.
3. Nobody may be subjected to torture or to cruel, inhuman or degrading treatment.
4. Security measures depriving them of freedom for an indefinite period or indefinitely is not permitted unless they are justified by a threat
caused by a serious psychological anomaly.
5. The criminal justice system is rule by law.
Article 33
The criminal law can be retroactive. An exception is made only in cases where retroactivity is eligible to convicted or accused.
Article 34
The extradition or expulsion from the country of a citizen shall be permitted under any circumstances.
Article 35
1. It is an honor and a supreme duty for the public to participate in the defense of the independence, sovereignty and territorial integrity of
the nation.
2. Every citizen has the duty to do his military service in accordance with the provisions of the law.
3. Betraying the homeland is a crime punishable sanctions worst.
Article 36
1. Work is a right and duty of every citizen.
2. The state gradually creates the conditions for full employment of citizens to work.
3. The State recognizes and guarantees every citizen the right to choose one's profession or type of work in accordance with the needs
and basic requirements of National Reconstruction.
4. The principle of remuneration corresponding to the quantity and quality of work must be applied in accordance with the possibilities of
the national economy.
Article 37
1. Anyone who works has the right to the protection, safety and healthy working conditions.
2. The worker can be dismissed only in cases and under the terms specified by law.
3. The State will establish gradually a system capable of guaranteeing workers the retraite-vieillesse and social security in the event of
illness or incapacity for employment.
Article 38
The State recognizes the citizen the right to the inviolability of his home, his correspondence and all other private means of
communication except in the cases expressly provided by law with regard to criminal proceedings.
Article 39
Every citizen has the right to protect his health and he has an obligation to promote and defend it.
Article 40
Childhood, Youth and motherhood are entitled to protection by society and the state.
Article 41
1. For every citizen education is a right and a duty.
2. The state promotes gradually free varying degrees of education and equal opportunities for all citizens to have access.
Article 42
Creating intellectual, artistic and scientific is free unless it is contrary to the promotion of social progress. The law will protect copyrights.
Article 43
1. Every citizen has the right and duty to participate in political, economic and cultural life of the country, according to the provisions of
the law.
2. Anyone may submit suggestions, complaints, complaints or petitions to the bodies and any sovereign authority to the terms and in the
manner determined by law.
Article 44
The freedom of expression of thought, assembly, association, expression, as well as freedom of religion is guaranteed under the
conditions prescribed by law.
Article 45
According to the country's development, the state will create, gradually, the conditions necessary for the full realization of the rights of an
economic and social nature recognized in this capacity.
Article 1
Guinea-Bissau is a sovereign, democratic, secular and unitary republic.
Article 2
(1) The national sovereignty of the Republic of Guinea-Bissau is vested in the people.
(2) The exercise of political power is vested in the people directly or through the democratically elected organs.
…
Article 4
(1) In the Republic of Guinea-Bissau the establishment of political parties is allowed in conformity with the Constitution and the law.
…
Article 6
(1) In the Republic of Guinea-Bissau there shall be separation between the state and religious institutions.
PART II: FUNDAMENTAL RIGHTS AND DUTIES
Article 23
All citizens are equal before the law, enjoy the same rights and are subject to the same duties, without distinction as to race, sex, social,
intellectual or cultural, religious or philosophical conviction.
Article 24
Men and women are equal before the law in all spheres of political, economic, social and cultural life.
Article 25
1. The State recognizes the institution of the family and ensure its protection.
2. The children are equal before the law, irrespective of the status of the progenitors.
Article 26
1. Any citizen who resides or national is abroad enjoys the same rights and subject to the same obligations as other citizens, except that is
incompatible with being absent from the country.
2. Citizens residing abroad benefit from the attention and protection by the State.
Article 27
1. Foreigners, on the basis of reciprocity, and stateless persons who reside in or are Guinea-Bissau, enjoy the same rights and are subject
to the same duties as citizens of Guinea except for political rights, the exercise public functions and other rights and duties expressly
reserved by law for the national citizen.
2. The exercise of public functions can not be allowed to foreigners as long as they have a predominantly technical, except international
agreement or convention.
Article 28
The rights, freedoms, guarantees and obligations enshrined in this Constitution do not exclude others which would be provided by any
other law of the Republic.
Article 29
The exercise of the rights, fundamental freedoms and guarantees may be suspended or restricted only in the event of a state of siege or
state of emergency declared under the provisions of the law.
Article 30
Every citizen has the right to resort to the courts because of acts that violate his rights under the Constitution and by law, justice can not
be denied due to insufficient economic means.
Article 31
None of the rights and freedoms guaranteed to citizens can be exercised against the independence of the Nation, the territorial integrity,
national unity, the institutions of the Republic and the principles and objectives enshrined in the present Constitution.
Article 32
1. Every citizen has the right to life and to physical and moral integrity.
2. Every citizen enjoys the inviolability of his person, it may not be detained or suffer any sanction, as in the case, according to the forms
and with the guarantees provided by law. An accused or defendant has the right to defense.
3. Nobody may be subjected to torture or to cruel, inhuman or degrading treatment.
4. Security measures depriving them of freedom for an indefinite period or indefinitely is not permitted unless they are justified by a threat
caused by a serious psychological anomaly.
5. The criminal justice system is rule by law.
Article 33
The criminal law can be retroactive. An exception is made only in cases where retroactivity is eligible to convicted or accused.
Article 34
The extradition or expulsion from the country of a citizen shall be permitted under any circumstances.
Article 35
1. It is an honor and a supreme duty for the public to participate in the defense of the independence, sovereignty and territorial integrity of
the nation.
2. Every citizen has the duty to do his military service in accordance with the provisions of the law.
3. Betraying the homeland is a crime punishable sanctions worst.
Article 36
1. Work is a right and duty of every citizen.
2. The state gradually creates the conditions for full employment of citizens to work.
3. The State recognizes and guarantees every citizen the right to choose one's profession or type of work in accordance with the needs
and basic requirements of National Reconstruction.
4. The principle of remuneration corresponding to the quantity and quality of work must be applied in accordance with the possibilities of
the national economy.
Article 37
1. Anyone who works has the right to the protection, safety and healthy working conditions.
2. The worker can be dismissed only in cases and under the terms specified by law.
3. The State will establish gradually a system capable of guaranteeing workers the retraite-vieillesse and social security in the event of
illness or incapacity for employment.
Article 38
The State recognizes the citizen the right to the inviolability of his home, his correspondence and all other private means of
communication except in the cases expressly provided by law with regard to criminal proceedings.
Article 39
Every citizen has the right to protect his health and he has an obligation to promote and defend it.
Article 40
Childhood, Youth and motherhood are entitled to protection by society and the state.
Article 41
1. For every citizen education is a right and a duty.
2. The state promotes gradually free varying degrees of education and equal opportunities for all citizens to have access.
Article 42
Creating intellectual, artistic and scientific is free unless it is contrary to the promotion of social progress. The law will protect copyrights.
Article 43
1. Every citizen has the right and duty to participate in political, economic and cultural life of the country, according to the provisions of
the law.
2. Anyone may submit suggestions, complaints, complaints or petitions to the bodies and any sovereign authority to the terms and in the
manner determined by law.
Article 44
The freedom of expression of thought, assembly, association, expression, as well as freedom of religion is guaranteed under the
conditions prescribed by law.
Article 45
According to the country's development, the state will create, gradually, the conditions necessary for the full realization of the rights of an
economic and social nature recognized in this capacity.
The early tribes that occupied Guinea-Bissau yielded with the arrival of the Mandinka around
1200. The arrival of the Portuguese in 1446 and the eventual wave om immigration led to the
rise of the Kingdom of Kaabu or Gabu or N’Gabu (1537-1867) that rose to prominence in the
region thanks to its origins as a former province of the Mali Empire. After the decline of the
Mali Empire, Kaabu became an independent kingdom. The region became the Portuguese
hub of the slave trade into the 19th century. Colonial division of the region manifested in the
latter half of the 19th century with part of Guinea being claimed by French West Africa and
colonial control of the region completed by the Portuguese in 1936. In 1952, Portugal
amended its constitution declaring Guinea-Bissau an overseas province. Demands for
independence were organized in 1956 leading to armed resistance. Independence was
achieved on 24 September 1973 and recognized by Portugal one year later. Following a
brief coup the present constitution was promulgated on 16 May 1984. Human rights are
enumerated beginning with Part I (FUNDAMENTAL PRINCIPLES) and Part Two
(FUNDAMENTAL RIGHTS AND DUTIES), conform with the 1948 Universal Declaration of
Human Rights of which Guinea-Bissau is a signatory and are enumerated below. This is no
complete English translation. For the full Portuguese text of Guinea-Bissau's Constitution,
click here.
1200. The arrival of the Portuguese in 1446 and the eventual wave om immigration led to the
rise of the Kingdom of Kaabu or Gabu or N’Gabu (1537-1867) that rose to prominence in the
region thanks to its origins as a former province of the Mali Empire. After the decline of the
Mali Empire, Kaabu became an independent kingdom. The region became the Portuguese
hub of the slave trade into the 19th century. Colonial division of the region manifested in the
latter half of the 19th century with part of Guinea being claimed by French West Africa and
colonial control of the region completed by the Portuguese in 1936. In 1952, Portugal
amended its constitution declaring Guinea-Bissau an overseas province. Demands for
independence were organized in 1956 leading to armed resistance. Independence was
achieved on 24 September 1973 and recognized by Portugal one year later. Following a
brief coup the present constitution was promulgated on 16 May 1984. Human rights are
enumerated beginning with Part I (FUNDAMENTAL PRINCIPLES) and Part Two
(FUNDAMENTAL RIGHTS AND DUTIES), conform with the 1948 Universal Declaration of
Human Rights of which Guinea-Bissau is a signatory and are enumerated below. This is no
complete English translation. For the full Portuguese text of Guinea-Bissau's Constitution,
click here.