| NICARAGUA Republic of Nicaragua Republica de Nicaragua Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 03 February 2013 |
PART IV
RIGHTS, DUTIES AND GUARANTEES OF THE NICARAGUAN PEOPLE
TITLE I CHAPTER V
INDIVIDUAL RIGHTS
Article 23 .- The right to life is inviolable and inherent to the human person. In Nicaragua there is no death penalty.
Article 24 .- Everyone has duties to the family, community, homeland and humanity. The rights of every individual are limited by the
rights of others, the safety of all, and by the just demands of the common good.
Article 25 .- Every person has the right:
1. For individual freedom.
2. In their safety.
3. In recognition of his personality and legal capacity.
Article 26 .- Every person has the right:
1. In his private life and that of his family.
2. The inviolability of the home, correspondence and communications.
3. In respect for their honour and reputation.
Homes can only be cleared by written order of a competent judge or authority expressly permitted to do so, to prevent the commission of
a crime and to prevent damage to persons or property, according to the procedure prescribed by law.
The law sets out the circumstances and procedures for the review of private documents, books of accounts and its annexes when it is
essential to clarify matters before a knowledge of the courts or prosecutors motivated.
The letters, documents and other private papers illegally seized will not produce any effect in court or outside.
Article 27 .- All persons are equal before the law and has the right to equal protection. There will be no discrimination on the basis of
birth, nationality, political views, race, sex, language, religion, opinion, national origin, economic status or social condition. Foreigners
have the same duties and rights as Nicaraguans, with the exception of the political right and those established by law, can not intervene in
the political affairs of the country. The State respects and guarantees the rights recognized in the present Constitution to all people within
its territory and subject to its jurisdiction.
Article 28 .- Nicaraguans who are temporarily abroad enjoy the protection and protection of the state through their diplomatic missions.
Article 29 .- Everyone has the right to freedom of conscience, thought and profess a religion or not. No one shall be subjected to coercion
which would limit these rights or to be forced to declare their creed, ideology or belief.
Article 30 .- Nicaraguans have the right to freely express their thoughts in public or private, individually or collectively, orally, in writing
or by any other means.
Article 31 .- Nicaraguans have the right to move and establish residence in any part of the national territory; to enter and leave the country
freely.
Article 32 .- No one is obliged to do what the law does not send or prevented from doing what it is not prohibited.
Article 33 .- No one shall be subjected to arbitrary arrest or detention, nor be deprived of his liberty except for reasons determined by law
and in accordance with legal procedure.
Therefore:
1. The arrest may be effected only under written order of a competent judge or authorities expressly empowered by law, except in cases
of flagrante delicto.
2. Each detainee is entitled:
1. To be informed promptly, language or language which he understands and in detail of the reasons for their arrest and the charges
against him, to inform his family of his arrest, and also to be dealt with do due respect for the inherent dignity of the human person.
2. To be brought before authority expressly authorized by law within a maximum period of seventy-two hours.
3. Upon completion of the sentence imposed, nobody will continue detained after the order of release issued by the competent authority.
4. Any unlawful detention because responsibility on the part of the authority concerned.
5. The agencies shall ensure that the defendants and convicts in prison observe different centres.
Article 34 .- All accused are entitled, under equal conditions, to the following minimum guarantees:
1. To be presumed innocent until proved guilty according to law.
2. To be tried without delay by competent tribunal established by law.
3. Unless under consent of a competent judge, except for the cases provided for in this Constitution and the laws.
4. To ensure their intervention and the defense beginning of the process and have time and means for their defence.
5. Do you name counsel when the first intervention had not designated defense, or when there is no prior appeal by edict. The accused
has the right to communicate freely and privately with his counsel.
6. To have the free assistance of an interpreter if he can not understand or speak the language used in court.
7. Not to be compelled to testify against himself or against his or her spouse or partner in stable de facto union, or their relatives within
the fourth degree of consanguinity or affinity second, or to confess guilt.
8. Do you dictate acquittal or conviction within the legal terms, in each of those instances.
9. To appeal to a higher court to have his case reviewed when he has been convicted of any offence; no longer be prosecuted again for
the offence for which he was convicted or acquitted in a final ruling.
10. Not to be tried or sentenced for an act or omission which, at the time it was committed, not previously described in the Act expressly
and unequivocally as punishable, or subject to a penalty not covered by the law. Criminal proceedings shall be public, but in cases of
emergency press and the general public may be excluded for reasons of morals, public order or national security.
Article 35 .- Minors may not be the subject or object of prosecution or subjected to any judicial process. Juvenile offenders can not be
taken to rehabilitation centres criminal and will be cared for at facilities under the responsibility of the specialized agency. A law shall
regulate this area.
Article 36 .- Everyone has the right to respect for their physical, mental and moral development. No one shall be subjected to torture,
procedures, penalties or to cruel, inhuman or degrading treatment. The violation of this law constitutes an offence and shall be punishable
by law.
Article 37 .- The penalty transcends not of the person convicted. No penalty or penalties imposed, singly or combined, lasting more than
thirty years.
Article 38 .- The law has no retroactive effect, except when criminal favors the defendant.
Article 39 .- In Nicaragua, the prison system is humanitarian and has as its primary goal the transformation of the domestic to reinstate
him to society. Through the progressive system promotes family unity, health, overcoming educational, cultural and productive
employment with wages for detainees. Penalties has a reeducation. Convicted women in prison saved prisons different from those of men
and will seek the guards are the same sex.
Article 40 .- No one shall be subjected to servitude. Slavery and Trafficking of any kind are prohibited in all their forms.
Article 41 .- No person shall be arrested for debt. This principle does not limit the orders of a competent judicial authority for failure to
pay maintenance. It is the duty of any citizen or foreign national pay what they owe.
Article 42 .- In Nicaragua guarantees the right of asylum to persecuted for their struggle for democracy, peace, justice and human rights.
The law will determine the status of political refugee or asylee, according to the international conventions ratified by Nicaragua. If it is
agreed by the expulsion of an asylee can never be sent to the country where they were persecuted.
Article 43 .- In Nicaragua there is no extradition for political crimes and related common with them, according to Nicaraguan rating.
Extradition for common crimes is regulated by law and international treaties. Nicaraguans may not be extradited from the national territory.
Article 44 .- Nicaraguans have the right to personal property that will ensure the necessary goods and essential for its development.
Article 45 .- The people whose constitutional rights have been violated or threatened to do so, may bring the remedy of habeas corpus or
amparo, as appropriate and in accordance with the Protection Act.
Article 46 .- In the country everyone enjoys State protection and recognition of the inherent rights of the human person, the unqualified
respect, promotion and protection of human rights and the full enjoyment of the rights set forth in the Universal Declaration of Human
Rights, in the American Declaration of Rights and Duties of Man, the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Organization of the United Nations and the Convention American Human Rights of the
Organization of American States.
CHAPTER II
POLITICAL RIGHTS
Article 47 .- Citizens Nicaraguans who have served sixteen years of age. Only citizens enjoy political rights set forth in the Constitution
and the law, without any restrictions other than those that are established on the basis of age. The civil rights by suspending imposition of
corporal punishment or severe penalties for specific and enforceable judgement of his civil rights.
Article 48 .- It establishes equality unconditionally all Nicaraguans in the enjoyment of their political rights, in the exercise thereof in the
performance of their duties and responsibilities, there is absolute equality between men and women. The State has an obligation to remove
barriers which prevent de facto equality among Nicaraguans and their effective participation in the political, economic and social life.
Article 49 .- In Nicaragua have the right to organize workers in the city and the countryside, women, youth, farmers, artisans,
professionals, technicians, intellectuals, artists, religious Communities of the Atlantic Coast and the villagers in general, without any
discrimination, to the realization of their aspirations according to their own interests and participate in building a new society. These
organizations will be formed according to the will of elective and participatory citizens, have a social function, and may be a supporter or
not, depending on their nature and purpose.
. Article 50 .- Citizens have the right to participate on equal terms in public affairs and State management. Through the law will be
ensured, nationally and locally, the effective participation of the people.
Article 51 .- Citizens have the right to elect and be elected in regular elections and elect to public office.
Article 52 .- Citizens have the right to make requests, denouncing anomalies and make constructive criticism, either individually or
collectively, to the branches of government or any authority, to obtain a prompt resolution or response and they receive it resolved the
deadlines established by law.
Article 53 .- The right of peaceful assembly, the exercise of this right does not require prior permission.
Article 54 .- The right of assembly, demonstration and public mobilization in accordance with the law.
Article 55 .- The Nicaraguan citizens have the right to organize or join political parties, to participate, to choose and exercise power.
CHAPTER III
SOCIAL RIGHTS
Article 56 .- The State will pay special attention in all its programmes to defenders of the dignity, honour and sovereignty of the nation,
their families, and those who have fallen in defense of the same, according to the laws .
Article 57 .- Nicaraguans have the right to work in keeping with human nature.
Article 58 .- Nicaraguans have the right to education and culture.
Article 59 .- The Nicaraguan are entitled equally to health. The State will establish the basic conditions for its promotion, protection,
recovery and rehabilitation. The State directing and organizing programs, services and health activities and promote popular participation
in defense of the same. Citizens have an obligation to abide by sanitary measures to be determined.
Article 60 .- Nicaraguans have the right to live in a healthy environment, it is the duty of the state preservation, conservation and rescue of
the environment and natural resources.
Article 61 .- The State guarantees the right to the Nicaraguan social security for its comprehensive protection compared to the
contingencies of social life and work, on such terms and conditions specified by law.
Article 62 .- The State shall endeavour to establish programmes for the benefit of disabled people for their physical, psychosocial and
vocational and job placement for her.
Article 63 .- It is the right of all Nicaraguans to be free from hunger. The State shall promote programs to ensure adequate availability of
food and equitable distribution of the same.
Article 64 .- Nicaraguans have the right to decent housing, comfortable and safe so as to ensure privacy family. The State shall promote
the realization of this right.
Article 65 .- Nicaraguans have the right to sport, physical education, recreation and leisure. The state will encourage the practice of sport
and physical education, through participation in organized mass of the people, for the integral formation of Nicaraguans. This will be done
with programs and special projects.
Article 66 .- Nicaraguans have the right to truthful information. This right includes freedom to seek, receive and impart information and
ideas, either orally, in writing, graphically or through any other media of his choice.
Article 67 .- The right to inform is a social responsibility and exercised with strict respect for the principles enshrined in the Constitution.
This right may not be subject to censorship, but to further responsibilities established by law.
Article 68 .- The media are at the service of national interests. The State shall promote access of the people and their organizations to the
media and prevent them from being subjected to foreign interests or the monopoly of economic power in any group. The existence and
functioning of the public media, corporate and private shall not be subject to prior censorship, and are subject to the provisions of the law.
Article 69 .- All people, individually or collectively, have the right to express their religious beliefs in public or in private, through worship,
practice and teaching. No one can evade law enforcement or prevent others from exercising their rights and fulfilling their duties citing
religious beliefs or dispositions.
CHAPTER IV
RIGHTS OF THE FAMILY
Article 70 .- The family is the basic unit of society and is entitled to its protection and the state.
Article 71 .- It is the right of all Nicaraguans to form a family. The law and culture protect this right.
Article 72 .- The marriage and de facto unions stable are protected by the State; rely on the voluntary agreement of men and women and
may be dissolved by mutual consent or by the will of one party. The law will regulate this area.
Article 73 .- The family relationships based on respect, solidarity and absolute equality of rights and responsibilities between men and
women. Parents must meet household maintenance and upbringing of their children through common effort, with equal rights and
responsibilities. The children at the same time they are obligated to respect and help their parents. These duties and rights are met in
accordance with the laws of matter.
Article 74 .- The State provides special protection to the process of human reproduction. Women have special protection during
pregnancy and entitled to leave with pay wages and adequate social security benefits. Nobody can deny employment to women on
grounds of pregnancy or despedirlas during or in the postnatal period, all in accordance with the law.
Article 75 .- All children have equal rights. No nominations will be used discriminatory in terms of affiliation. In common law, any
provisions or classifications to diminish or deny the equality of children.
Article 76 .- The State will create programs and develop special centres to ensure minors; they are entitled to the measures of prevention,
protection and education that his condition required on the part of his family, society and the State.
Article 77 .- The elderly are entitled to be protected by the family, society and the State.
Article 78 .- The State protects the responsible parenthood. It establishes the right to investigate fatherhood and motherhood.
Article 79 .- It establishes the right of adoption in the exclusive interest of comprehensive development of the child. The law will regulate
this area.
CHAPTER V
LABOR RIGHTS AND WORK RIGHTS
Article 80 .- Work is a right and a social responsibility. Article 80 .- Work is a right and a social responsibility. The work of Nicaraguans
is the fundamental means to meet the needs of society, individuals and is a source of wealth and prosperity of the nation. The work of
Nicaraguans is the fundamental means to meet the needs of society, individuals and is a source of wealth and prosperity of the nation. The
State shall ensure full and productive employment for all Nicaraguans under conditions safeguarding fundamental rights of the individual.
The State shall ensure full and productive employment for all Nicaraguans under conditions safeguarding fundamental rights of the
individual.
Article 81 .- Workers are entitled to participate in the management of enterprises, through their organizations and in accordance with the
law.
Article 82 .- Workers are entitled to working conditions that will ensure, in particular: Article 82 .- Workers are entitled to working
conditions that will ensure, in particular:
1. Equal pay for equal work under identical conditions appropriate to their social responsibility, without discrimination for political,
religious, social, gender or any other class, which assures them a welfare c consistent on human dignity. Equal pay for equal work under
identical conditions appropriate to their social responsibility, without discrimination for political, religious, social, gender or any other
class, which assures them a welfare c consistent on human dignity.
2. Being paid in legal tender in their workplace. Being paid in legal tender in their workplace.
3. The eligibility of the minimum wage and social benefits, except for protection of his family and on the terms established by law. The
eligibility of the minimum wage and social benefits, except for protection of his family and on the terms established by law.
4. Working conditions to ensure their physical integrity, health, hygiene and reduction of occupational hazards to enforce occupational
safety of the worker. Working conditions to ensure their physical integrity, health, hygiene and reduction of occupational hazards to
enforce occupational safety of the worker.
5. Eight-hour working day, weekly rest, vacation, pay for national holidays and pay for thirteenth month in accordance with the law.
Eight-hour working day, weekly rest, vacation, pay for national holidays and pay for thirteenth month in accordance with the law.
6. Stability in the workplace under the law and equal opportunity to be promoted, without any restrictions other than the factors of time,
service, capacity, efficiency and accountability. Stability in the workplace under the law and equal opportunity to be promoted, without
any restrictions other than the factors of time, service, capacity, efficiency and accountability.
7. Social security for comprehensive protection and livelihoods in cases of disability, old age, occupational hazards, sickness and
maternity benefits; and their families in case of death, in the manner and under the conditions set by law.
Article 83 .- The right to strike.
Article 84 .- It prohibits child labour, work that could affect their normal development cycle or compulsory education. It will protect
children and adolescents from any kind of economic and social exploitation.
Article 85 .- The workers are entitled to their cultural, scientific and technical, the state provided through special programmes.
Article 86 .- All Nicaraguans have the right to choose and freely exercise their profession or trade and to choose a place of work without
any requirements other than the academic and fulfil a social function.
Article 87 .- In Nicaragua there is full freedom of association. Workers will be organized in unions voluntarily and they may be formed as
laid down in the law. No worker is compelled to belong to a particular union, which belongs to neither resign. It recognizes the full
autonomy is respected association and trade union.
Article 88 .- guarantees the inalienable right of workers to that, in defending their interests, or trade union held with employers:
1. Individual Contracts.
2. Collective agreements. Both in accordance with the law.
CHAPTER VI
RIGHTS OF COMMUNITIES OF THE ATLANTIC COAST
Article 89 .- The Communities of the Atlantic Coast are inextricable part of the Nicaraguan people and as such enjoy the same rights and
have the same obligations. Communities of the Atlantic Coast have the right to preserve and develop their cultural identity in the national
unity; establish their own forms of social organization and manage local affairs according to their traditions. The State recognizes forms
of communal ownership of land from the communities of the Atlantic Coast. It also recognizes the enjoyment, use and enjoyment of the
waters and forests of their communal lands.
Article 90 .- The Communities of the Atlantic Coast has the right to free expression and preservation of their languages, art and culture.
The development of its culture and values enrich the national culture. The State shall establish special programs for the exercise of these
rights.
Article 91 .- The State has an obligation to pass laws designed to promote measures to ensure that no Nicaraguan shall be discriminated
against on grounds of their language, culture and origin.
RIGHTS, DUTIES AND GUARANTEES OF THE NICARAGUAN PEOPLE
TITLE I CHAPTER V
INDIVIDUAL RIGHTS
Article 23 .- The right to life is inviolable and inherent to the human person. In Nicaragua there is no death penalty.
Article 24 .- Everyone has duties to the family, community, homeland and humanity. The rights of every individual are limited by the
rights of others, the safety of all, and by the just demands of the common good.
Article 25 .- Every person has the right:
1. For individual freedom.
2. In their safety.
3. In recognition of his personality and legal capacity.
Article 26 .- Every person has the right:
1. In his private life and that of his family.
2. The inviolability of the home, correspondence and communications.
3. In respect for their honour and reputation.
Homes can only be cleared by written order of a competent judge or authority expressly permitted to do so, to prevent the commission of
a crime and to prevent damage to persons or property, according to the procedure prescribed by law.
The law sets out the circumstances and procedures for the review of private documents, books of accounts and its annexes when it is
essential to clarify matters before a knowledge of the courts or prosecutors motivated.
The letters, documents and other private papers illegally seized will not produce any effect in court or outside.
Article 27 .- All persons are equal before the law and has the right to equal protection. There will be no discrimination on the basis of
birth, nationality, political views, race, sex, language, religion, opinion, national origin, economic status or social condition. Foreigners
have the same duties and rights as Nicaraguans, with the exception of the political right and those established by law, can not intervene in
the political affairs of the country. The State respects and guarantees the rights recognized in the present Constitution to all people within
its territory and subject to its jurisdiction.
Article 28 .- Nicaraguans who are temporarily abroad enjoy the protection and protection of the state through their diplomatic missions.
Article 29 .- Everyone has the right to freedom of conscience, thought and profess a religion or not. No one shall be subjected to coercion
which would limit these rights or to be forced to declare their creed, ideology or belief.
Article 30 .- Nicaraguans have the right to freely express their thoughts in public or private, individually or collectively, orally, in writing
or by any other means.
Article 31 .- Nicaraguans have the right to move and establish residence in any part of the national territory; to enter and leave the country
freely.
Article 32 .- No one is obliged to do what the law does not send or prevented from doing what it is not prohibited.
Article 33 .- No one shall be subjected to arbitrary arrest or detention, nor be deprived of his liberty except for reasons determined by law
and in accordance with legal procedure.
Therefore:
1. The arrest may be effected only under written order of a competent judge or authorities expressly empowered by law, except in cases
of flagrante delicto.
2. Each detainee is entitled:
1. To be informed promptly, language or language which he understands and in detail of the reasons for their arrest and the charges
against him, to inform his family of his arrest, and also to be dealt with do due respect for the inherent dignity of the human person.
2. To be brought before authority expressly authorized by law within a maximum period of seventy-two hours.
3. Upon completion of the sentence imposed, nobody will continue detained after the order of release issued by the competent authority.
4. Any unlawful detention because responsibility on the part of the authority concerned.
5. The agencies shall ensure that the defendants and convicts in prison observe different centres.
Article 34 .- All accused are entitled, under equal conditions, to the following minimum guarantees:
1. To be presumed innocent until proved guilty according to law.
2. To be tried without delay by competent tribunal established by law.
3. Unless under consent of a competent judge, except for the cases provided for in this Constitution and the laws.
4. To ensure their intervention and the defense beginning of the process and have time and means for their defence.
5. Do you name counsel when the first intervention had not designated defense, or when there is no prior appeal by edict. The accused
has the right to communicate freely and privately with his counsel.
6. To have the free assistance of an interpreter if he can not understand or speak the language used in court.
7. Not to be compelled to testify against himself or against his or her spouse or partner in stable de facto union, or their relatives within
the fourth degree of consanguinity or affinity second, or to confess guilt.
8. Do you dictate acquittal or conviction within the legal terms, in each of those instances.
9. To appeal to a higher court to have his case reviewed when he has been convicted of any offence; no longer be prosecuted again for
the offence for which he was convicted or acquitted in a final ruling.
10. Not to be tried or sentenced for an act or omission which, at the time it was committed, not previously described in the Act expressly
and unequivocally as punishable, or subject to a penalty not covered by the law. Criminal proceedings shall be public, but in cases of
emergency press and the general public may be excluded for reasons of morals, public order or national security.
Article 35 .- Minors may not be the subject or object of prosecution or subjected to any judicial process. Juvenile offenders can not be
taken to rehabilitation centres criminal and will be cared for at facilities under the responsibility of the specialized agency. A law shall
regulate this area.
Article 36 .- Everyone has the right to respect for their physical, mental and moral development. No one shall be subjected to torture,
procedures, penalties or to cruel, inhuman or degrading treatment. The violation of this law constitutes an offence and shall be punishable
by law.
Article 37 .- The penalty transcends not of the person convicted. No penalty or penalties imposed, singly or combined, lasting more than
thirty years.
Article 38 .- The law has no retroactive effect, except when criminal favors the defendant.
Article 39 .- In Nicaragua, the prison system is humanitarian and has as its primary goal the transformation of the domestic to reinstate
him to society. Through the progressive system promotes family unity, health, overcoming educational, cultural and productive
employment with wages for detainees. Penalties has a reeducation. Convicted women in prison saved prisons different from those of men
and will seek the guards are the same sex.
Article 40 .- No one shall be subjected to servitude. Slavery and Trafficking of any kind are prohibited in all their forms.
Article 41 .- No person shall be arrested for debt. This principle does not limit the orders of a competent judicial authority for failure to
pay maintenance. It is the duty of any citizen or foreign national pay what they owe.
Article 42 .- In Nicaragua guarantees the right of asylum to persecuted for their struggle for democracy, peace, justice and human rights.
The law will determine the status of political refugee or asylee, according to the international conventions ratified by Nicaragua. If it is
agreed by the expulsion of an asylee can never be sent to the country where they were persecuted.
Article 43 .- In Nicaragua there is no extradition for political crimes and related common with them, according to Nicaraguan rating.
Extradition for common crimes is regulated by law and international treaties. Nicaraguans may not be extradited from the national territory.
Article 44 .- Nicaraguans have the right to personal property that will ensure the necessary goods and essential for its development.
Article 45 .- The people whose constitutional rights have been violated or threatened to do so, may bring the remedy of habeas corpus or
amparo, as appropriate and in accordance with the Protection Act.
Article 46 .- In the country everyone enjoys State protection and recognition of the inherent rights of the human person, the unqualified
respect, promotion and protection of human rights and the full enjoyment of the rights set forth in the Universal Declaration of Human
Rights, in the American Declaration of Rights and Duties of Man, the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Organization of the United Nations and the Convention American Human Rights of the
Organization of American States.
CHAPTER II
POLITICAL RIGHTS
Article 47 .- Citizens Nicaraguans who have served sixteen years of age. Only citizens enjoy political rights set forth in the Constitution
and the law, without any restrictions other than those that are established on the basis of age. The civil rights by suspending imposition of
corporal punishment or severe penalties for specific and enforceable judgement of his civil rights.
Article 48 .- It establishes equality unconditionally all Nicaraguans in the enjoyment of their political rights, in the exercise thereof in the
performance of their duties and responsibilities, there is absolute equality between men and women. The State has an obligation to remove
barriers which prevent de facto equality among Nicaraguans and their effective participation in the political, economic and social life.
Article 49 .- In Nicaragua have the right to organize workers in the city and the countryside, women, youth, farmers, artisans,
professionals, technicians, intellectuals, artists, religious Communities of the Atlantic Coast and the villagers in general, without any
discrimination, to the realization of their aspirations according to their own interests and participate in building a new society. These
organizations will be formed according to the will of elective and participatory citizens, have a social function, and may be a supporter or
not, depending on their nature and purpose.
. Article 50 .- Citizens have the right to participate on equal terms in public affairs and State management. Through the law will be
ensured, nationally and locally, the effective participation of the people.
Article 51 .- Citizens have the right to elect and be elected in regular elections and elect to public office.
Article 52 .- Citizens have the right to make requests, denouncing anomalies and make constructive criticism, either individually or
collectively, to the branches of government or any authority, to obtain a prompt resolution or response and they receive it resolved the
deadlines established by law.
Article 53 .- The right of peaceful assembly, the exercise of this right does not require prior permission.
Article 54 .- The right of assembly, demonstration and public mobilization in accordance with the law.
Article 55 .- The Nicaraguan citizens have the right to organize or join political parties, to participate, to choose and exercise power.
CHAPTER III
SOCIAL RIGHTS
Article 56 .- The State will pay special attention in all its programmes to defenders of the dignity, honour and sovereignty of the nation,
their families, and those who have fallen in defense of the same, according to the laws .
Article 57 .- Nicaraguans have the right to work in keeping with human nature.
Article 58 .- Nicaraguans have the right to education and culture.
Article 59 .- The Nicaraguan are entitled equally to health. The State will establish the basic conditions for its promotion, protection,
recovery and rehabilitation. The State directing and organizing programs, services and health activities and promote popular participation
in defense of the same. Citizens have an obligation to abide by sanitary measures to be determined.
Article 60 .- Nicaraguans have the right to live in a healthy environment, it is the duty of the state preservation, conservation and rescue of
the environment and natural resources.
Article 61 .- The State guarantees the right to the Nicaraguan social security for its comprehensive protection compared to the
contingencies of social life and work, on such terms and conditions specified by law.
Article 62 .- The State shall endeavour to establish programmes for the benefit of disabled people for their physical, psychosocial and
vocational and job placement for her.
Article 63 .- It is the right of all Nicaraguans to be free from hunger. The State shall promote programs to ensure adequate availability of
food and equitable distribution of the same.
Article 64 .- Nicaraguans have the right to decent housing, comfortable and safe so as to ensure privacy family. The State shall promote
the realization of this right.
Article 65 .- Nicaraguans have the right to sport, physical education, recreation and leisure. The state will encourage the practice of sport
and physical education, through participation in organized mass of the people, for the integral formation of Nicaraguans. This will be done
with programs and special projects.
Article 66 .- Nicaraguans have the right to truthful information. This right includes freedom to seek, receive and impart information and
ideas, either orally, in writing, graphically or through any other media of his choice.
Article 67 .- The right to inform is a social responsibility and exercised with strict respect for the principles enshrined in the Constitution.
This right may not be subject to censorship, but to further responsibilities established by law.
Article 68 .- The media are at the service of national interests. The State shall promote access of the people and their organizations to the
media and prevent them from being subjected to foreign interests or the monopoly of economic power in any group. The existence and
functioning of the public media, corporate and private shall not be subject to prior censorship, and are subject to the provisions of the law.
Article 69 .- All people, individually or collectively, have the right to express their religious beliefs in public or in private, through worship,
practice and teaching. No one can evade law enforcement or prevent others from exercising their rights and fulfilling their duties citing
religious beliefs or dispositions.
CHAPTER IV
RIGHTS OF THE FAMILY
Article 70 .- The family is the basic unit of society and is entitled to its protection and the state.
Article 71 .- It is the right of all Nicaraguans to form a family. The law and culture protect this right.
Article 72 .- The marriage and de facto unions stable are protected by the State; rely on the voluntary agreement of men and women and
may be dissolved by mutual consent or by the will of one party. The law will regulate this area.
Article 73 .- The family relationships based on respect, solidarity and absolute equality of rights and responsibilities between men and
women. Parents must meet household maintenance and upbringing of their children through common effort, with equal rights and
responsibilities. The children at the same time they are obligated to respect and help their parents. These duties and rights are met in
accordance with the laws of matter.
Article 74 .- The State provides special protection to the process of human reproduction. Women have special protection during
pregnancy and entitled to leave with pay wages and adequate social security benefits. Nobody can deny employment to women on
grounds of pregnancy or despedirlas during or in the postnatal period, all in accordance with the law.
Article 75 .- All children have equal rights. No nominations will be used discriminatory in terms of affiliation. In common law, any
provisions or classifications to diminish or deny the equality of children.
Article 76 .- The State will create programs and develop special centres to ensure minors; they are entitled to the measures of prevention,
protection and education that his condition required on the part of his family, society and the State.
Article 77 .- The elderly are entitled to be protected by the family, society and the State.
Article 78 .- The State protects the responsible parenthood. It establishes the right to investigate fatherhood and motherhood.
Article 79 .- It establishes the right of adoption in the exclusive interest of comprehensive development of the child. The law will regulate
this area.
CHAPTER V
LABOR RIGHTS AND WORK RIGHTS
Article 80 .- Work is a right and a social responsibility. Article 80 .- Work is a right and a social responsibility. The work of Nicaraguans
is the fundamental means to meet the needs of society, individuals and is a source of wealth and prosperity of the nation. The work of
Nicaraguans is the fundamental means to meet the needs of society, individuals and is a source of wealth and prosperity of the nation. The
State shall ensure full and productive employment for all Nicaraguans under conditions safeguarding fundamental rights of the individual.
The State shall ensure full and productive employment for all Nicaraguans under conditions safeguarding fundamental rights of the
individual.
Article 81 .- Workers are entitled to participate in the management of enterprises, through their organizations and in accordance with the
law.
Article 82 .- Workers are entitled to working conditions that will ensure, in particular: Article 82 .- Workers are entitled to working
conditions that will ensure, in particular:
1. Equal pay for equal work under identical conditions appropriate to their social responsibility, without discrimination for political,
religious, social, gender or any other class, which assures them a welfare c consistent on human dignity. Equal pay for equal work under
identical conditions appropriate to their social responsibility, without discrimination for political, religious, social, gender or any other
class, which assures them a welfare c consistent on human dignity.
2. Being paid in legal tender in their workplace. Being paid in legal tender in their workplace.
3. The eligibility of the minimum wage and social benefits, except for protection of his family and on the terms established by law. The
eligibility of the minimum wage and social benefits, except for protection of his family and on the terms established by law.
4. Working conditions to ensure their physical integrity, health, hygiene and reduction of occupational hazards to enforce occupational
safety of the worker. Working conditions to ensure their physical integrity, health, hygiene and reduction of occupational hazards to
enforce occupational safety of the worker.
5. Eight-hour working day, weekly rest, vacation, pay for national holidays and pay for thirteenth month in accordance with the law.
Eight-hour working day, weekly rest, vacation, pay for national holidays and pay for thirteenth month in accordance with the law.
6. Stability in the workplace under the law and equal opportunity to be promoted, without any restrictions other than the factors of time,
service, capacity, efficiency and accountability. Stability in the workplace under the law and equal opportunity to be promoted, without
any restrictions other than the factors of time, service, capacity, efficiency and accountability.
7. Social security for comprehensive protection and livelihoods in cases of disability, old age, occupational hazards, sickness and
maternity benefits; and their families in case of death, in the manner and under the conditions set by law.
Article 83 .- The right to strike.
Article 84 .- It prohibits child labour, work that could affect their normal development cycle or compulsory education. It will protect
children and adolescents from any kind of economic and social exploitation.
Article 85 .- The workers are entitled to their cultural, scientific and technical, the state provided through special programmes.
Article 86 .- All Nicaraguans have the right to choose and freely exercise their profession or trade and to choose a place of work without
any requirements other than the academic and fulfil a social function.
Article 87 .- In Nicaragua there is full freedom of association. Workers will be organized in unions voluntarily and they may be formed as
laid down in the law. No worker is compelled to belong to a particular union, which belongs to neither resign. It recognizes the full
autonomy is respected association and trade union.
Article 88 .- guarantees the inalienable right of workers to that, in defending their interests, or trade union held with employers:
1. Individual Contracts.
2. Collective agreements. Both in accordance with the law.
CHAPTER VI
RIGHTS OF COMMUNITIES OF THE ATLANTIC COAST
Article 89 .- The Communities of the Atlantic Coast are inextricable part of the Nicaraguan people and as such enjoy the same rights and
have the same obligations. Communities of the Atlantic Coast have the right to preserve and develop their cultural identity in the national
unity; establish their own forms of social organization and manage local affairs according to their traditions. The State recognizes forms
of communal ownership of land from the communities of the Atlantic Coast. It also recognizes the enjoyment, use and enjoyment of the
waters and forests of their communal lands.
Article 90 .- The Communities of the Atlantic Coast has the right to free expression and preservation of their languages, art and culture.
The development of its culture and values enrich the national culture. The State shall establish special programs for the exercise of these
rights.
Article 91 .- The State has an obligation to pass laws designed to promote measures to ensure that no Nicaraguan shall be discriminated
against on grounds of their language, culture and origin.
Paleo-Indians have occupied the region of Nicaragua for at least 6000 years with remnants
of the Mayan civilization settling into the western region. The Niquirano, the Chorotegano,
and the Chontal tribes dominated when the Spanish arrived in 1523 travelling up from
Panama through Costa Rica conquering the region by 1529. Colonization began in 1538
and by 1570 the region came under the Captaincy of Guatemala and was frequently raided
by French, Dutch and English pirates. Nicaragua was absorbed into the Mexican Empire and
achieved its independence as part of the United Provinces of Central America in 1821 and an
independent republic in 1838. The Moskito Coast, peopled by Bawihka tribesmen armed by
the British and intermarried with runaway slaves from the Caribbean, was claimed as a
British protectorate from 1655 through 1850, delegated to British Honduras in 1859 and
transferred to Nicaragua in 1860 though it remained autonomous until 1894. United States
Marines occupied the country from 1912 to 1933 and the Samoza family, with American
support dominated the country from 1936 to 1979. Sandinista insurgents waged a resistance
in 1961 and overthrew the Samoza government in 1979 and ruled until 1990. U.S. backed
Contras waged an insurgency against the Marxist-Leninist government from 1980 to 1987
leading to the drafting of a new constitution. The present constitution was adopted on 9
January 1987 and extensively reformed in 1995, 2000 and 2005. Human rights are
enumerated beginning with Part IV (Rights, Duties and Guarantees of the Nicaraguan
People), conform with the 1948 Universal Declaration of Human Rights of which Nicaragua
is a signatory and are detailed below. There is no official English translation but for the full
Spanish text of Nicaragua's Constitution, click here.
of the Mayan civilization settling into the western region. The Niquirano, the Chorotegano,
and the Chontal tribes dominated when the Spanish arrived in 1523 travelling up from
Panama through Costa Rica conquering the region by 1529. Colonization began in 1538
and by 1570 the region came under the Captaincy of Guatemala and was frequently raided
by French, Dutch and English pirates. Nicaragua was absorbed into the Mexican Empire and
achieved its independence as part of the United Provinces of Central America in 1821 and an
independent republic in 1838. The Moskito Coast, peopled by Bawihka tribesmen armed by
the British and intermarried with runaway slaves from the Caribbean, was claimed as a
British protectorate from 1655 through 1850, delegated to British Honduras in 1859 and
transferred to Nicaragua in 1860 though it remained autonomous until 1894. United States
Marines occupied the country from 1912 to 1933 and the Samoza family, with American
support dominated the country from 1936 to 1979. Sandinista insurgents waged a resistance
in 1961 and overthrew the Samoza government in 1979 and ruled until 1990. U.S. backed
Contras waged an insurgency against the Marxist-Leninist government from 1980 to 1987
leading to the drafting of a new constitution. The present constitution was adopted on 9
January 1987 and extensively reformed in 1995, 2000 and 2005. Human rights are
enumerated beginning with Part IV (Rights, Duties and Guarantees of the Nicaraguan
People), conform with the 1948 Universal Declaration of Human Rights of which Nicaragua
is a signatory and are detailed below. There is no official English translation but for the full
Spanish text of Nicaragua's Constitution, click here.