| GUINEA Republic of Guinea Republique de Guinee Joined United Nations: 12 December 1958 Human Rights as assured by their constitution Updated 09 November 2012 |
Title II.
Freedoms, duties and rights.
Article 5.
The human person and his dignity are sacred. The State has the duty to respect and protect. The rights and freedoms set forth below
shall be inviolable, inalienable and imprescriptible.
They base all human society, and ensure peace and justice in the world.
Article 6.
The human being has the right to free development of his personality. He has the right to life and physical and moral integrity. No one
shall be subjected to torture, inhuman or cruel, inhuman or degrading treatment.
No one is required to perform a manifestly illegal order.
The law determines the manifestly illegal order.
No one is entitled to an order or instruction given to justify acts of torture, abuse or cruel, inhuman or degrading treatment in the
course of or in connection with the exercise of its functions
No exceptional situation or emergency should justify human rights violations.
Article 7.
Everyone is free to believe, think and profess his faith, his political and philosophical views.
He is free to express, express, disseminate his ideas and opinions in speech, writing and pictures.
It is free to learn and learn to accessible sources.
Freedom of the press is guaranteed and protected. The creation of a newspaper or media information for political, economic, social,
cultural, sporting, recreational or scientific is free.
The right of access to public information is guaranteed to the citizen.
A law determines the conditions for the exercise of these rights, the regime and the conditions for the creation of the press and media.
Article 8.
All human beings are equal before the law. Men and women have equal rights.
No person shall be favored or disadvantaged because of their sex, birth, race, ethnicity, language, beliefs and political opinions,
religious or philosophical.
Article 9.
No one may be arrested, detained or convicted by virtue of a law promulgated prior to which he is charged, for the reasons and in the
manner provided by law.
All have the inalienable right to apply to court to assert their rights against the State and its agents.
Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law in a proceeding in
accordance with law.
All are entitled to a fair trial, in which the right of defense is guaranteed.
The right to counsel is recognized from the moment of arrest or detention.
The law establishes the necessary and proportionate penalties for mistakes that can justify.
Article 10.
All citizens have the right to demonstrate and march.
The right of petition is recognized group of citizens.
All citizens have the right to form associations and societies to collectively exercise their rights and political, economic, social or
cultural.
All citizens have the right to establish and operate in the territory of the Republic, to enter and exit freely.
Article 11.
Anyone who is persecuted for his political opinions, religious or philosophical, race, ethnicity, its intellectual, scientific and cultural, in
the defense of liberty has the right to asylum in the territory of the Republic.
Article 12.
The home is inviolable. There can not be prejudiced in the event of serious and imminent danger, to avert a common danger or to
protect the lives of people. Any other offense, any search can be ordered by the judge or by the authority designated by law in the manner
prescribed by it.
The secrecy of correspondence and communication is inviolable. Everyone has the right to protect his privacy.
Article 13.
The right to property is guaranteed. No one may be expropriated except in the interest of all legally recognized, and subject to a just and
prior indemnity.
Article 14.
The free exercise of religion is guaranteed. Institutions and religious communities are created and administered freely.
Article 15.
Everyone has the right to health and well-being. The State has the duty to promote the fight against epidemics and social ills.
Article 16.
Everyone has the right to a healthy and sustainable environment and has the duty to defend. The State shall ensure the protection of the
environment.
Article 17.
Transit, import, storage, spill on the national territory of pollutants and toxic waste or any agreement relating thereto constitute a crime
against the nation. Penalties are prescribed by law.
Article 18.
Marriage and family, which are the natural basis of life in society are protected and promoted by the state.
Parents have the right and duty to provide education and physical and mental health of their children. Children need care and assistance
to their parents.
Article 19.
Youth must be particularly protected by the state and communities against exploitation and neglect, sexual abuse, child trafficking and
human trafficking.
The elderly and persons with disabilities are entitled to the assistance and protection of the state, communities and society.
The law establishes the conditions for assistance and protection available to the elderly and persons with disabilities.
Article 20.
The right to work is recognized at all. The State creates conditions for the exercise of this right.
No one could be injured in his work because of sex, race, ethnicity, opinions or any other cause of discrimination.
Everyone has the right to join the trade union of his choice, and to defend their rights through trade union action. Every worker has the
right to participate through its delegates to the determination of working conditions.
The right to strike is recognized. It is exercised within the framework of the laws that govern it. It can not in any way affect the
freedom of labor.
The law establishes the conditions for assistance and protection available to workers.
Article 21.
The people of Guinea freely and sovereignly determines its institutions and social and economic organization of the nation.
It has an inalienable right to his wealth. They should enjoy equitable to all Guineans.
He has the right to preserve its heritage, culture and environment.
He has the right to resist oppression.
Article 22.
Every citizen has the duty to comply with the Constitution, laws and regulations.
Every citizen has the duty to participate in elections, to promote tolerance, democratic values, to be loyal to the nation.
Every citizen has the duty to respect and honor the opinions of others.
Every citizen should contribute to the extent of its resources, tax and must fulfill its social obligations in the conditions determined by
law.
Every citizen has the sacred duty to defend the homeland.
Public property is sacred and inviolable. Everyone must respect and protect them carefully. Any act of sabotage, vandalism,
embezzlement, misappropriation or illicit enrichment is punishable by law.
Article 23.
The State shall promote the well-being of citizens, protect and defend the rights of the human person and human rights defenders.
It ensures pluralism of opinions and sources of information.
It ensures the safety of everyone, and the maintenance of public order.
It ensures the continuity of institutions and public services, in compliance with the Constitution.
It guarantees equal access to public employment.
It promotes the unity of the nation and Africa.
It cooperates with other states to consolidate their independence, peace, mutual respect and friendship between peoples.
It provides education of youth, which is mandatory.
It creates the conditions and institutions allowing each form.
Article 24.
The law guarantees all the freedoms and fundamental rights. It determines the conditions under which they operate.
It can not set limits to these freedoms and rights as those that are essential for the maintenance of public order and democracy.
Groups whose purpose or activity is contrary to law or clearly disturb public order may be dissolved.
Article 25.
The State has the duty to ensure the dissemination and teaching of the Constitution, the Universal Declaration of Human Rights of
1948, the African Charter on Human and Peoples' Rights of 1981 as well as all duly ratified international instruments relating to human
rights.
The State must integrate human rights in literacy programs and teaching at different school levels and in all academic and training
programs of the armed forces, public security forces and the like.
The State must also ensure national languages by all means of mass communication, especially radio and television, the dissemination
and teaching of these same rights.
Article 26.
Anyone in any public office or exercising a public function is accountable for its activities, and must respect the principle of neutrality
of the public service. It should use its functions for purposes other than the benefit of all.
Freedoms, duties and rights.
Article 5.
The human person and his dignity are sacred. The State has the duty to respect and protect. The rights and freedoms set forth below
shall be inviolable, inalienable and imprescriptible.
They base all human society, and ensure peace and justice in the world.
Article 6.
The human being has the right to free development of his personality. He has the right to life and physical and moral integrity. No one
shall be subjected to torture, inhuman or cruel, inhuman or degrading treatment.
No one is required to perform a manifestly illegal order.
The law determines the manifestly illegal order.
No one is entitled to an order or instruction given to justify acts of torture, abuse or cruel, inhuman or degrading treatment in the
course of or in connection with the exercise of its functions
No exceptional situation or emergency should justify human rights violations.
Article 7.
Everyone is free to believe, think and profess his faith, his political and philosophical views.
He is free to express, express, disseminate his ideas and opinions in speech, writing and pictures.
It is free to learn and learn to accessible sources.
Freedom of the press is guaranteed and protected. The creation of a newspaper or media information for political, economic, social,
cultural, sporting, recreational or scientific is free.
The right of access to public information is guaranteed to the citizen.
A law determines the conditions for the exercise of these rights, the regime and the conditions for the creation of the press and media.
Article 8.
All human beings are equal before the law. Men and women have equal rights.
No person shall be favored or disadvantaged because of their sex, birth, race, ethnicity, language, beliefs and political opinions,
religious or philosophical.
Article 9.
No one may be arrested, detained or convicted by virtue of a law promulgated prior to which he is charged, for the reasons and in the
manner provided by law.
All have the inalienable right to apply to court to assert their rights against the State and its agents.
Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law in a proceeding in
accordance with law.
All are entitled to a fair trial, in which the right of defense is guaranteed.
The right to counsel is recognized from the moment of arrest or detention.
The law establishes the necessary and proportionate penalties for mistakes that can justify.
Article 10.
All citizens have the right to demonstrate and march.
The right of petition is recognized group of citizens.
All citizens have the right to form associations and societies to collectively exercise their rights and political, economic, social or
cultural.
All citizens have the right to establish and operate in the territory of the Republic, to enter and exit freely.
Article 11.
Anyone who is persecuted for his political opinions, religious or philosophical, race, ethnicity, its intellectual, scientific and cultural, in
the defense of liberty has the right to asylum in the territory of the Republic.
Article 12.
The home is inviolable. There can not be prejudiced in the event of serious and imminent danger, to avert a common danger or to
protect the lives of people. Any other offense, any search can be ordered by the judge or by the authority designated by law in the manner
prescribed by it.
The secrecy of correspondence and communication is inviolable. Everyone has the right to protect his privacy.
Article 13.
The right to property is guaranteed. No one may be expropriated except in the interest of all legally recognized, and subject to a just and
prior indemnity.
Article 14.
The free exercise of religion is guaranteed. Institutions and religious communities are created and administered freely.
Article 15.
Everyone has the right to health and well-being. The State has the duty to promote the fight against epidemics and social ills.
Article 16.
Everyone has the right to a healthy and sustainable environment and has the duty to defend. The State shall ensure the protection of the
environment.
Article 17.
Transit, import, storage, spill on the national territory of pollutants and toxic waste or any agreement relating thereto constitute a crime
against the nation. Penalties are prescribed by law.
Article 18.
Marriage and family, which are the natural basis of life in society are protected and promoted by the state.
Parents have the right and duty to provide education and physical and mental health of their children. Children need care and assistance
to their parents.
Article 19.
Youth must be particularly protected by the state and communities against exploitation and neglect, sexual abuse, child trafficking and
human trafficking.
The elderly and persons with disabilities are entitled to the assistance and protection of the state, communities and society.
The law establishes the conditions for assistance and protection available to the elderly and persons with disabilities.
Article 20.
The right to work is recognized at all. The State creates conditions for the exercise of this right.
No one could be injured in his work because of sex, race, ethnicity, opinions or any other cause of discrimination.
Everyone has the right to join the trade union of his choice, and to defend their rights through trade union action. Every worker has the
right to participate through its delegates to the determination of working conditions.
The right to strike is recognized. It is exercised within the framework of the laws that govern it. It can not in any way affect the
freedom of labor.
The law establishes the conditions for assistance and protection available to workers.
Article 21.
The people of Guinea freely and sovereignly determines its institutions and social and economic organization of the nation.
It has an inalienable right to his wealth. They should enjoy equitable to all Guineans.
He has the right to preserve its heritage, culture and environment.
He has the right to resist oppression.
Article 22.
Every citizen has the duty to comply with the Constitution, laws and regulations.
Every citizen has the duty to participate in elections, to promote tolerance, democratic values, to be loyal to the nation.
Every citizen has the duty to respect and honor the opinions of others.
Every citizen should contribute to the extent of its resources, tax and must fulfill its social obligations in the conditions determined by
law.
Every citizen has the sacred duty to defend the homeland.
Public property is sacred and inviolable. Everyone must respect and protect them carefully. Any act of sabotage, vandalism,
embezzlement, misappropriation or illicit enrichment is punishable by law.
Article 23.
The State shall promote the well-being of citizens, protect and defend the rights of the human person and human rights defenders.
It ensures pluralism of opinions and sources of information.
It ensures the safety of everyone, and the maintenance of public order.
It ensures the continuity of institutions and public services, in compliance with the Constitution.
It guarantees equal access to public employment.
It promotes the unity of the nation and Africa.
It cooperates with other states to consolidate their independence, peace, mutual respect and friendship between peoples.
It provides education of youth, which is mandatory.
It creates the conditions and institutions allowing each form.
Article 24.
The law guarantees all the freedoms and fundamental rights. It determines the conditions under which they operate.
It can not set limits to these freedoms and rights as those that are essential for the maintenance of public order and democracy.
Groups whose purpose or activity is contrary to law or clearly disturb public order may be dissolved.
Article 25.
The State has the duty to ensure the dissemination and teaching of the Constitution, the Universal Declaration of Human Rights of
1948, the African Charter on Human and Peoples' Rights of 1981 as well as all duly ratified international instruments relating to human
rights.
The State must integrate human rights in literacy programs and teaching at different school levels and in all academic and training
programs of the armed forces, public security forces and the like.
The State must also ensure national languages by all means of mass communication, especially radio and television, the dissemination
and teaching of these same rights.
Article 26.
Anyone in any public office or exercising a public function is accountable for its activities, and must respect the principle of neutrality
of the public service. It should use its functions for purposes other than the benefit of all.
The territory now called Guinea was dominated by a succession of regional African
kingdoms. It entered a state of decline in the 16th century and was overrun by Moroccan
invaders in 1685 who could not rule such a broad area effectively and retreated to central
Guinea to establish an independent Islamic State which existed from 1735 to 1898 with a
written constitution. England, Portugal and France each made attempts to conquer the
region in conjunction with the lucrative slave trade. France asserted dominance in 1898 with
the defeat of the last major rebel force and agreements were forged with England and
Portugal to carve out their colonies with the formation of the Territory pf Guinea within
French West Africa. With the collapse of the French Fourth Republic, France could no longer
afford to administer their African colonies and on 2 October, 1958, Guinea asserted their
independence and promulgated their first constitution. Ahmed Sékou Touré established a
brutal, one party dictatorship until his death on 26 March 1984. A bloodless coup led by
Lansana Conté and Diarra Traoré seized power on April 3, 1984, denouncing the previous
administrations brutality and pledging to lead the country back to democratic rule. Though
elections were finally held in 1993, Conte continues to dominate all aspects of Guinea
politics, himself being branded a tired dictator. La Loi Fondamentale de la République de
Guinée, the Guinea Constitution, was instituted on 23 December 1990 in accordance with
standards set forth by the 1948 Universal Declaration of Human Rights of which Guinea is a
signatory. The Constitution was suspended following the 23 December 2008 coup and a
new Constitution was enacted on 7 May 2010 with human rights enumerated in Title II:
Freedom Rights and Duties and can be found below. An official English translation is not
available; however for the official French version, click here.
kingdoms. It entered a state of decline in the 16th century and was overrun by Moroccan
invaders in 1685 who could not rule such a broad area effectively and retreated to central
Guinea to establish an independent Islamic State which existed from 1735 to 1898 with a
written constitution. England, Portugal and France each made attempts to conquer the
region in conjunction with the lucrative slave trade. France asserted dominance in 1898 with
the defeat of the last major rebel force and agreements were forged with England and
Portugal to carve out their colonies with the formation of the Territory pf Guinea within
French West Africa. With the collapse of the French Fourth Republic, France could no longer
afford to administer their African colonies and on 2 October, 1958, Guinea asserted their
independence and promulgated their first constitution. Ahmed Sékou Touré established a
brutal, one party dictatorship until his death on 26 March 1984. A bloodless coup led by
Lansana Conté and Diarra Traoré seized power on April 3, 1984, denouncing the previous
administrations brutality and pledging to lead the country back to democratic rule. Though
elections were finally held in 1993, Conte continues to dominate all aspects of Guinea
politics, himself being branded a tired dictator. La Loi Fondamentale de la République de
Guinée, the Guinea Constitution, was instituted on 23 December 1990 in accordance with
standards set forth by the 1948 Universal Declaration of Human Rights of which Guinea is a
signatory. The Constitution was suspended following the 23 December 2008 coup and a
new Constitution was enacted on 7 May 2010 with human rights enumerated in Title II:
Freedom Rights and Duties and can be found below. An official English translation is not
available; however for the official French version, click here.