| PERU Republic of Peru Republica del Peru Joined United Nations: 31 October 1945 Human Rights as assured by their constitution Updated 28 August 2012 |
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I TITLE I
INDIVIDUALS AND SOCIETY
I CAPITULATE I
FUNDAMENTAL RIGHTS OF THE PERSON
Article 1. The defense of the human person and the respect of their dignity are the supreme aim of the society and the State.
Article 2. All person has her right:
1. To the life, to its identity, to its moral integrity, psychic and physical and to its free development and well-being. The conceived one is
subject of right in all whatever favors to him.
2. Against the equality before the Law, Nobody must be discriminated by reason for origin, race, sex, language, religion, opinion,
economic condition or of any other nature.
3. To the freedom of conscience and religion, in individual or associated form. There is no persecution because of ideas or beliefs. There
is no opinion crime. The public exercise of all the confessions is free, whenever it does not offend the moral nor it alters the public order.
4. To the liberties of information, opinion, expression and diffusion of the thought by means of the word oral or written or the image, by
any social mass media, without previous authorization neither some censure nor impediment, under the law responsibilities.
The crimes committed by means of the book, the press and other social mass media are codified in the Penal Code and they are judged
outside in the common one.
All action is crime that suspends or closing some organ of expression or prevents him to circulate freely. The rights to inform and to think
include/understand those to found mass media.
5. To ask for without cause expression the information that it requires and to receive it of any public organization, in the legal term, with
him cost that supposes the order. The information that affect the personal privacy and those are excepted that specifically are excluded by
law or reasons of national security.
The banking secret and the tributary reserve can rise to order of the judge, of the Public prosecutor of the Nation, or an investigating
commission of the Congress in accordance with law and whenever they talk about the investigated case.
6. To that the computer science, computerized or no, public or deprived services, do not provide information that affect the personal and
familiar privacy.
7. To the honor and the good reputation, the personal and familiar privacy as well as to the own voice and the image.
All person affected by inexact affirmations or offended in any social mass media has right to that this one is rectified free, immediate and
proportional, they are damage of the law responsibilities.
8. To the freedom of intellectual, artistic creation, technical and scientific, as well as to the property on these creations and its product.
The State causes the access to the culture and foments its development and diffusion.
9. To home is inviolable. Nobody can enter him nor carry out investigations or registries without authorization of the person who inhabits
it or without judicial mandate, except for flagrant crime or very serious danger of its perpetration. The exceptions by reasons for health or
serious risk are regulated by the law.
10. Secret and communications and private documents are inviolable.
The communications, telecommunications or their instruments only can be opened, be seized, intercepted or taken part by motivated order
of the judge, with the guarantees anticipated in the law. Secret keeps from the subjects other people's to the fact that motivates its
examination.
The obtained private documents with violation of this rule do not have legal effect.
The accounting and administrative books, receipts and documents are subject to inspection or control of the competent authority, in
accordance with the law. The actions that on the matter are taken cannot include their removal or seizure, safe by judicial order.
11. To choose its place of residence, to journey by the national territory and to leave him and to enter him, except for limitations for
reasons of health or judicial mandate or application of the extraneous law.
12. To meet pacifically without arms. The meetings in the premises private or opened to the public do not require previous warning.
Those that summons in seats and public routes they demand advance announcement to the authority, the one that can prohibit them by
reasons only proven for public security or health.
13. To be associated and to constitute foundations and diverse forms of legal organization without aims of profit, previous authorization
and in accordance with law. They cannot be dissolved by administrative resolution.
14. To contract with allowed aims, whenever laws of public order are not contravened.
15. To work freely, with subjection to law.
16. To the property and the inheritance.
17. To participate, in individual form or associate, political, economic, social and cultural the life of the Nation. The cities have, according
to law, the rights of election, removal or renovation of authorities, legislative initiative and referendum.
18. To maintain reserve on its political, philosophical, religious convictions or of any other nature, as well as to keep the professional
secret.
19. To its ethnic and cultural identity. The State recognizes and protects the ethnic and cultural plurality of the Nation.
All Peruvian must right to use his own language before any authority by means of an interpreter. The foreigners have this same one
straight when they are mentioned by any authority.
20. To formulate requests, individual or collectively, in writing before the competent authority, the one that is forced to give to interested
an answer also written within the legal term, under responsibility.
The members of the Armed Forces and the National Police only can exert the right of petition individually.
21. To its nationality. Nobody can be private of the right to obtain or to renew its passport inside or outside the territory of the Republic.
22. To the peace, to the tranquillity, to the benefit of the free time and to the rest, as well as to enjoy an atmosphere balanced and adapted
to the development of its life.
23. To the legitimate defense.
24. To the personal freedom and the security. Consequently:
a. Nobody is forced to do what the law does not command, nor crippled to do what it does not prohibit itself.
b. Some of restriction of the personal, safe freedom is not allowed form in cases anticipated by the law.
They are prohibited the slavery, the servitude and it deals with human beings in anyone his forms.
c. There is no prison by debts. This principle does not limit the judicial mandate by breach of duties
nourishing.
d. Nobody will be processed neither condemned by act or omission that to the time to commit itself is not previously
described in the law, of way it express and unequivocal, like punishable infraction; nor sanctioned with pain no
anticipated in the law.
e. All person is considered innocent while its responsibility has not been declared judicially.
f. Nobody can be stopped but by order written and motivated by judge or the authorities
police officers in case of flagrant crime.
The prisoner must be made available of the corresponding court, within the twenty-four hours or in the term of the distance.
These terms are not applied to the cases of terrorism, espionage and illicit traffic of drugs. In such cases,
the police authorities can carry out the police custody of the presumed ones implied by
a term not greater than fifteen calendar days. They must give account to the Public Ministry and to the judge, who
it can assume jurisdiction before overcome this term.
g. Nobody can be held incommunicado but in him case indispensable for the elucidation of a crime, and in the form and by the time
anticipated by the law. The authority is forced under the responsibility to indicate, without delay and in writing, the place where is the
lengthy person.
h. Nobody must be victim of moral, psychic or physical violence, nor submissive torture or cruel or humiliating treatments. Anyone can
request immediate the medical examination of the offended person or that disabled to resort by itself to the authority. The declarations
obtained by the violence lack value. Who uses it bears responsibility.
Article 3. The enumeration of the rights established in this chapter does not exclude the others that the Constitution guarantees, nor others
from analogous nature or that are based on the dignity of the man, or in the principles of sovereignty of the town of the democratic State
of right and the republican form of government.
I CAPITULATE II
SOCIAL AND ECONOMIC RIGHTS
Article 4. The community and the State specially protect the boy, to the adolescent, the mother and the old one in abandonment situation.
Also they protect the family and they promote the marriage. They recognize these last ones like natural and fundamental institutes of the
society.
The form of marriage and the causes of separation and dissolution are regulated by the law.
Article 5. The union establishes of a man and a woman, free of married impediment, who forms a home in fact, gives rise to a community
of goods holds to the regime of the society of lucrative as soon as he is applicable.
Article 6. The national policy of population must like objective spread and promote the responsible paternity and maternity. It recognizes
the right of the families and the people to decide. In such sense, the State assures the programs suitable education and the information and
the access to the means, that do not affect the life or the health.
It is to have and straight of the parents to feed, to educate and to give security to his children. The children must have to respect and to
attend their parents.
All the children have equal right and duties. All mention on the civil state of the parents and on the nature of the connection in the civil
registries and any other identity card is prohibited.
Article 7. All have right to the protection of their health, the one of the average relative and the community as well as to have to contribute
to their promotion and defense. The person incapacitated for value by itself because of a physical or mental deficiency has right to the
respect of her dignity and a legal regime of protection, attention, readjustment and security.
Article 8. The State fights and sanctions the illicit drug traffic. Also, it regulates the use of social intoxicants.
Article 9. The State determines the national policy of health. The Executive authority norm and supervises its application. He is responsible
to design it and to lead it in plural and decentralized form to facilitate to all the equitable access to the services of health.
Article 10. The State recognizes the universal and progressive right of all person the social security, for its protection as opposed to the
contingencies that the law needs and for the elevation of its quality of life.
Article 11. The State guarantees the free access to benefits of health and pensions, through political organizations, deprived or mixed. It
also supervises his effective operation.
Article 12. The bottoms and the reserves of the social security are intangible. The resources are applied in the form and under the
responsibility that the law indicates.
Article 13. The education has like purpose the integral development of the human person. The State recognizes and guarantees the
freedom of education. The parents must have to educate to their children and the right to choose the education centers and to participate
in the educative process.
Article 14. The education promotes the knowledge, the learning and the practice of the humanities, science, the technique, the arts, the
physical education and the sport. It prepares for the life and the work and foments solidarity.
It is to have of the State to promote the scientific and technological development of the country.
The ethical and civic formation and the education of the Constitution and the human rights are obligatory in all the civilian or military
educative process. The religious education is distributed with respect to the freedom of the consciences.
Education is distributed, in all its levels, with subjection to the constitutional principles and the aims of the corresponding educative
institution.
The social mass media must collaborate with the State in the education and the moral and cultural formation.
Article 15. The teaching staff in official education is public race. The law establishes the requirements to evolve like director or professor
of an educative center, as well as his rights and obligations. The State and the society try their evaluation, qualification permanent
professionalization and promotion.
Educating has right to a formation that its identity respects, as well as to the good psychological and physical treatment.
All person, natural or legal, has the right to promote and to lead educative institutions and the one to transfer the property of these,
according to law.
Article 16. As much the system as the educative regime is decentralized.
The State coordinates the educative policy. It formulates the general formulation of the curricula as well as the minimum requirements of
the organization of the educative centers. It supervises to his fulfillment and the quality of the education.
It is to have of the State to assure that nobody is crippled to receive education adapted because of its economic situation or of mental or
physical limitations.
Priority to the education in the allocation of ordinary resources of the Budget of the Republic occurs.
Article 17. The initial, primary and secondary education is obligatory. In the institutions of the State, the education is gratuitous. In the
public universities the State guarantees the right to be educated gratuitously to the students who maintain a yield satisfactory and they do
not count on the economic resources necessary to cover the costs with the education.
With the purpose of guaranteeing the greater plurality of the educative supply, and in please who cannot support the education, the law
fixes the way to subsidize the education deprived in anyone of its modalities, including communal and the cooperative.
The State promotes the creation of education centers where the population requires them.
The State guarantees the eradication of the illiteracy. Also it foments the bilingual and inter-cultural education, according to the
characteristics of each zone. It preserves the diverse cultural and linguistic manifestations of the country. It promotes national integration.
Article 18. The university education has like aims the professional formation, the cultural diffusion, the intellectual and artistic creation and
the scientific research and technological. The State guarantees the freedom of chair and rejects intolerance.
The universities are promoted by private or public organizations. The law fixes the conditions to authorize its operation.
The university is the community of professors, graduated students and. The representatives of the promoters participate in her, according
to law.
Each university is independent in its normative regime, of government, academic, administrative and economic. The universities are
governed within the framework by their own statutes of the Constitution and the laws.
Article 19. The superior universities, institutes and other constituted educative centers according to the legislation in the matter enjoy
waiver of all direct and indirect tax that affects the own goods, activities and services of its educative and cultural purpose. In the matter
of import tariffs, a special regime of affectation for certain goods can settle down.
The donations and scholarships with educative aims will enjoy exoneration and tributary benefits in the form and within the limits that the
law fixes.
The law establishes the control mechanisms to that the mentioned institutions subject, as well as the requirements and conditions that give
\ horseradish tree to fulfill the centers cultural that by exception can enjoy benefits such.
For the deprived educative institutions that generate income that by law are described like utilities, can settle down the application of the
tax to the rent.
Article 20. The professional schools are independent institutions with personality of public right. The law indicates the cases in that the
school registration is obligatory.
Article 21. The archaeological deposits and rest, constructions, monuments. bibliographical places, documents and of file, artistic objects
and testimonies of historical value, specifically declared goods cultural, and provisionally those that are presumed like such, are cultural
patrimony of the Nation, independently of its condition of private and public property. They are protected by the State.
The law guarantees the property of this patrimony.
It foments according to law, the participation deprived in the conservation, restoration exhibition and diffusion of he himself, as well as
restitution to the country when it is illegally transfer outside the national territory.
Article 22. The work is to have and a right. It is base of the social welfare and means of accomplishment of the person.
Article 23. The work, in its diverse modalities, is object of high-priority attention of the State, which specially protects the mother, to the
minor one and the prevented one that they work.
The State promotes conditions for the social and economic progress, in special by means of policies of promotion of the productive use
and education for the work.
No labor relation can limit the exercise of the constitutional rights, nor not know or reduce the dignity of the worker.
Nobody is forced to lend work without repayment or its free consent.
Article 24. The worker has right to an equitable and sufficient remuneration, that he tries, for him and his family, the material and spiritual
well-being.
The payment of the remuneration and the social benefits of the worker has priority on any other obligation of the employer.
Article 25. The ordinary day of work is of eight hours daily or forty and eight hours weekly, at the most. In case of cumulative or atypical
days, the average of hours worked in the corresponding period cannot surpass maximum saying.
The remunerated workers have right to weekly and annual rest. Their benefit and its compensation are regulated by law or agreement.
Article 26. In the labor relation the following principles are respected:
1. Equality of opportunities without discrimination
2. Cannot be waived character of the rights recognized by the Constitution and the law.
3. Favorable interpretation to the worker in case of unreasonable doubt on the sense of a norm.
Article 27. The law grants to the suitable worker protection against the arbitrary dismissal.
Article 28. The State recognizes the rights of syndication, collective negotiation and idles. It prevents his democratic exercise:
1. It guarantees the union freedom.
2. It foments the collective negotiation and it promotes forms of pacific solution of the labor conflicts. The collective convention has
binding force in the scope of the arranged thing.
3. It regulates the strike right so that it is exerted in harmony with the social interest. It indicates to his exceptions and limitations.
Article 29. The State recognizes the right of the workers to participate in the utilities of the company and promotes other forms of
participation.
I CAPITULATE III
POLITICAL RIGHTS AND THE DUTIES
Article 30. The greater ones of eighteen years are citizen Peruvian. For the exercise of the citizenship the electoral inscription is required.
Article 31. The citizens must right to participate in the subjects public by means of referendum; legislative initiative; removal or renovation
of authorities and demand of surrender of accounts. They also have the right of being chosen and to freely choose its representatives, in
agreement with the conditions and procedures determined by statutory law.
He is right and to have of the neighbors to participate in the municipal government of its jurisdiction. The law norm and promotes the
direct and indirect mechanisms of its participation.
They have right to the vote the citizens in enjoyment of its legal capacity.
The vote is personal, equal, free, obligatory, secret and until the seventy years. He is facilitative after that age.
He is null and punishable all act that prohibits or limits the citizen the exercise of its rights.
Article 32. They can be put under referendum:
1. The total or partial reform of the Constitution;
2. The approval of norms with law rank;
3. The municipal ordinances; and,
4. The matters relative to the decentralization process.
The suppression or the diminution of the fundamental rights cannot be put under referendum of
person, neither the international norms of tributary and budgetary character, nor treaties in vigor.
Article 33. The exercise of the citizenship is suspended:
1. By judicial resolution of interdiction.
2. By sentence with privative pain of the freedom.
3. By sentence with incapacitation of the political rights.
Article 34. The members of the Armed Forces and the National Police in activity cannot choose nor be chosen. They do not exist nor they
can be created other incapacitation.
Article 35. The citizens can individually exert their rights or through political organizations like parties, movements or alliances, according
to law. Such organizations concur to the formation and manifestation of the popular will. Its inscription in the corresponding registry
grants legal personality to them.
The law establishes oriented norms to support the democratic operation the political parties, and the transparency as far as the origin of its
economic resources and the gratuitous access of to social mass media property of the State in proportional form to the last general
electoral result.
Article 36. The State recognizes political asylum. It accepts the qualification of the put in a home one that the fled government grants. In
case of expulsion, it is not given to the put in a home one to the country whose government persecutes it.
Article 37. The extradition only grants by the Executive authority previous report of the Supreme Court, in fulfillment of the law and
treaties, and according to the principle of reciprocity.
Extradition is not granted if it is considered that it has been solicited with the purpose of persecuting or punishing by reason for religion,
nationality, opinion or race.
They are excluded from the extradition the persecuted ones by political crimes or connected facts with them. Such are considered the
genocide neither ethnic cleansing nor the terrorism.
Article 38. All the Peruvians must have to honor to Peru and to protect the national interests, as well as to respect, to fulfill and to defend
the Constitution and the legal ordering of the Nation.
I CAPITULATE IV
OF THE FUNCTION HE PUBLISHES
Article 39. All the civil employees and workers public are to the service of the Nation. The President of the Republic has the highest
hierarchy in the service to the Nation and, that order, the representatives to the Congress, ministers of State, members of the
Constitutional Court and the Council of the Magistrate, the magistrates supreme, the Public prosecutor of the Nation and the Defender of
the Town, in equal category; and the representatives of decentralized organisms and mayors, according to law.
Article 40. The law regulates the entrance to the administrative race, and the rights, duties and responsibilities of the servants public. The
civil employees are not understood in this race who carry out positions political or of confidence. No civil employee or public servant can
carry out more of a use or remunerated public position, with exception of one more by educational function.
The workers of the companies of the State or societies of mixed economy are not understood in the public function.
The periodic publication in the official newspaper of the income is obligatory that, by all concept, the high civil employees perceive, and
other servants public whom the law indicates, in regard to its positions.
Article 41. The civil employees and servants public whom the law indicates or that they administer or they handle bottoms of the State or
organisms maintained by this one must make sworn declaration of goods and rents when taking possession from their positions, during
exercise and when stopping such. The respective publication is made in the official newspaper in the form and conditions that the law
indicates.
When illicit enrichment, the Public prosecutor of the Nation is presumed, by denunciation of third or office, it formulates positions before
the Judicial Power.
The law establishes the responsibility of the civil employees and servants public, as well as the term of its incapacitation for his the public
function.
The term of prescription is duplicated in case of crimes committed against the patrimony of the State.
Article 42. The syndication rights are recognized and idles of the servants public. The civil employees of the State with being able of
decision and those are not understood that carry out direction or offices of trust, as well as the members of the Armed Forces and the
National Police.
I TITLE I
INDIVIDUALS AND SOCIETY
I CAPITULATE I
FUNDAMENTAL RIGHTS OF THE PERSON
Article 1. The defense of the human person and the respect of their dignity are the supreme aim of the society and the State.
Article 2. All person has her right:
1. To the life, to its identity, to its moral integrity, psychic and physical and to its free development and well-being. The conceived one is
subject of right in all whatever favors to him.
2. Against the equality before the Law, Nobody must be discriminated by reason for origin, race, sex, language, religion, opinion,
economic condition or of any other nature.
3. To the freedom of conscience and religion, in individual or associated form. There is no persecution because of ideas or beliefs. There
is no opinion crime. The public exercise of all the confessions is free, whenever it does not offend the moral nor it alters the public order.
4. To the liberties of information, opinion, expression and diffusion of the thought by means of the word oral or written or the image, by
any social mass media, without previous authorization neither some censure nor impediment, under the law responsibilities.
The crimes committed by means of the book, the press and other social mass media are codified in the Penal Code and they are judged
outside in the common one.
All action is crime that suspends or closing some organ of expression or prevents him to circulate freely. The rights to inform and to think
include/understand those to found mass media.
5. To ask for without cause expression the information that it requires and to receive it of any public organization, in the legal term, with
him cost that supposes the order. The information that affect the personal privacy and those are excepted that specifically are excluded by
law or reasons of national security.
The banking secret and the tributary reserve can rise to order of the judge, of the Public prosecutor of the Nation, or an investigating
commission of the Congress in accordance with law and whenever they talk about the investigated case.
6. To that the computer science, computerized or no, public or deprived services, do not provide information that affect the personal and
familiar privacy.
7. To the honor and the good reputation, the personal and familiar privacy as well as to the own voice and the image.
All person affected by inexact affirmations or offended in any social mass media has right to that this one is rectified free, immediate and
proportional, they are damage of the law responsibilities.
8. To the freedom of intellectual, artistic creation, technical and scientific, as well as to the property on these creations and its product.
The State causes the access to the culture and foments its development and diffusion.
9. To home is inviolable. Nobody can enter him nor carry out investigations or registries without authorization of the person who inhabits
it or without judicial mandate, except for flagrant crime or very serious danger of its perpetration. The exceptions by reasons for health or
serious risk are regulated by the law.
10. Secret and communications and private documents are inviolable.
The communications, telecommunications or their instruments only can be opened, be seized, intercepted or taken part by motivated order
of the judge, with the guarantees anticipated in the law. Secret keeps from the subjects other people's to the fact that motivates its
examination.
The obtained private documents with violation of this rule do not have legal effect.
The accounting and administrative books, receipts and documents are subject to inspection or control of the competent authority, in
accordance with the law. The actions that on the matter are taken cannot include their removal or seizure, safe by judicial order.
11. To choose its place of residence, to journey by the national territory and to leave him and to enter him, except for limitations for
reasons of health or judicial mandate or application of the extraneous law.
12. To meet pacifically without arms. The meetings in the premises private or opened to the public do not require previous warning.
Those that summons in seats and public routes they demand advance announcement to the authority, the one that can prohibit them by
reasons only proven for public security or health.
13. To be associated and to constitute foundations and diverse forms of legal organization without aims of profit, previous authorization
and in accordance with law. They cannot be dissolved by administrative resolution.
14. To contract with allowed aims, whenever laws of public order are not contravened.
15. To work freely, with subjection to law.
16. To the property and the inheritance.
17. To participate, in individual form or associate, political, economic, social and cultural the life of the Nation. The cities have, according
to law, the rights of election, removal or renovation of authorities, legislative initiative and referendum.
18. To maintain reserve on its political, philosophical, religious convictions or of any other nature, as well as to keep the professional
secret.
19. To its ethnic and cultural identity. The State recognizes and protects the ethnic and cultural plurality of the Nation.
All Peruvian must right to use his own language before any authority by means of an interpreter. The foreigners have this same one
straight when they are mentioned by any authority.
20. To formulate requests, individual or collectively, in writing before the competent authority, the one that is forced to give to interested
an answer also written within the legal term, under responsibility.
The members of the Armed Forces and the National Police only can exert the right of petition individually.
21. To its nationality. Nobody can be private of the right to obtain or to renew its passport inside or outside the territory of the Republic.
22. To the peace, to the tranquillity, to the benefit of the free time and to the rest, as well as to enjoy an atmosphere balanced and adapted
to the development of its life.
23. To the legitimate defense.
24. To the personal freedom and the security. Consequently:
a. Nobody is forced to do what the law does not command, nor crippled to do what it does not prohibit itself.
b. Some of restriction of the personal, safe freedom is not allowed form in cases anticipated by the law.
They are prohibited the slavery, the servitude and it deals with human beings in anyone his forms.
c. There is no prison by debts. This principle does not limit the judicial mandate by breach of duties
nourishing.
d. Nobody will be processed neither condemned by act or omission that to the time to commit itself is not previously
described in the law, of way it express and unequivocal, like punishable infraction; nor sanctioned with pain no
anticipated in the law.
e. All person is considered innocent while its responsibility has not been declared judicially.
f. Nobody can be stopped but by order written and motivated by judge or the authorities
police officers in case of flagrant crime.
The prisoner must be made available of the corresponding court, within the twenty-four hours or in the term of the distance.
These terms are not applied to the cases of terrorism, espionage and illicit traffic of drugs. In such cases,
the police authorities can carry out the police custody of the presumed ones implied by
a term not greater than fifteen calendar days. They must give account to the Public Ministry and to the judge, who
it can assume jurisdiction before overcome this term.
g. Nobody can be held incommunicado but in him case indispensable for the elucidation of a crime, and in the form and by the time
anticipated by the law. The authority is forced under the responsibility to indicate, without delay and in writing, the place where is the
lengthy person.
h. Nobody must be victim of moral, psychic or physical violence, nor submissive torture or cruel or humiliating treatments. Anyone can
request immediate the medical examination of the offended person or that disabled to resort by itself to the authority. The declarations
obtained by the violence lack value. Who uses it bears responsibility.
Article 3. The enumeration of the rights established in this chapter does not exclude the others that the Constitution guarantees, nor others
from analogous nature or that are based on the dignity of the man, or in the principles of sovereignty of the town of the democratic State
of right and the republican form of government.
I CAPITULATE II
SOCIAL AND ECONOMIC RIGHTS
Article 4. The community and the State specially protect the boy, to the adolescent, the mother and the old one in abandonment situation.
Also they protect the family and they promote the marriage. They recognize these last ones like natural and fundamental institutes of the
society.
The form of marriage and the causes of separation and dissolution are regulated by the law.
Article 5. The union establishes of a man and a woman, free of married impediment, who forms a home in fact, gives rise to a community
of goods holds to the regime of the society of lucrative as soon as he is applicable.
Article 6. The national policy of population must like objective spread and promote the responsible paternity and maternity. It recognizes
the right of the families and the people to decide. In such sense, the State assures the programs suitable education and the information and
the access to the means, that do not affect the life or the health.
It is to have and straight of the parents to feed, to educate and to give security to his children. The children must have to respect and to
attend their parents.
All the children have equal right and duties. All mention on the civil state of the parents and on the nature of the connection in the civil
registries and any other identity card is prohibited.
Article 7. All have right to the protection of their health, the one of the average relative and the community as well as to have to contribute
to their promotion and defense. The person incapacitated for value by itself because of a physical or mental deficiency has right to the
respect of her dignity and a legal regime of protection, attention, readjustment and security.
Article 8. The State fights and sanctions the illicit drug traffic. Also, it regulates the use of social intoxicants.
Article 9. The State determines the national policy of health. The Executive authority norm and supervises its application. He is responsible
to design it and to lead it in plural and decentralized form to facilitate to all the equitable access to the services of health.
Article 10. The State recognizes the universal and progressive right of all person the social security, for its protection as opposed to the
contingencies that the law needs and for the elevation of its quality of life.
Article 11. The State guarantees the free access to benefits of health and pensions, through political organizations, deprived or mixed. It
also supervises his effective operation.
Article 12. The bottoms and the reserves of the social security are intangible. The resources are applied in the form and under the
responsibility that the law indicates.
Article 13. The education has like purpose the integral development of the human person. The State recognizes and guarantees the
freedom of education. The parents must have to educate to their children and the right to choose the education centers and to participate
in the educative process.
Article 14. The education promotes the knowledge, the learning and the practice of the humanities, science, the technique, the arts, the
physical education and the sport. It prepares for the life and the work and foments solidarity.
It is to have of the State to promote the scientific and technological development of the country.
The ethical and civic formation and the education of the Constitution and the human rights are obligatory in all the civilian or military
educative process. The religious education is distributed with respect to the freedom of the consciences.
Education is distributed, in all its levels, with subjection to the constitutional principles and the aims of the corresponding educative
institution.
The social mass media must collaborate with the State in the education and the moral and cultural formation.
Article 15. The teaching staff in official education is public race. The law establishes the requirements to evolve like director or professor
of an educative center, as well as his rights and obligations. The State and the society try their evaluation, qualification permanent
professionalization and promotion.
Educating has right to a formation that its identity respects, as well as to the good psychological and physical treatment.
All person, natural or legal, has the right to promote and to lead educative institutions and the one to transfer the property of these,
according to law.
Article 16. As much the system as the educative regime is decentralized.
The State coordinates the educative policy. It formulates the general formulation of the curricula as well as the minimum requirements of
the organization of the educative centers. It supervises to his fulfillment and the quality of the education.
It is to have of the State to assure that nobody is crippled to receive education adapted because of its economic situation or of mental or
physical limitations.
Priority to the education in the allocation of ordinary resources of the Budget of the Republic occurs.
Article 17. The initial, primary and secondary education is obligatory. In the institutions of the State, the education is gratuitous. In the
public universities the State guarantees the right to be educated gratuitously to the students who maintain a yield satisfactory and they do
not count on the economic resources necessary to cover the costs with the education.
With the purpose of guaranteeing the greater plurality of the educative supply, and in please who cannot support the education, the law
fixes the way to subsidize the education deprived in anyone of its modalities, including communal and the cooperative.
The State promotes the creation of education centers where the population requires them.
The State guarantees the eradication of the illiteracy. Also it foments the bilingual and inter-cultural education, according to the
characteristics of each zone. It preserves the diverse cultural and linguistic manifestations of the country. It promotes national integration.
Article 18. The university education has like aims the professional formation, the cultural diffusion, the intellectual and artistic creation and
the scientific research and technological. The State guarantees the freedom of chair and rejects intolerance.
The universities are promoted by private or public organizations. The law fixes the conditions to authorize its operation.
The university is the community of professors, graduated students and. The representatives of the promoters participate in her, according
to law.
Each university is independent in its normative regime, of government, academic, administrative and economic. The universities are
governed within the framework by their own statutes of the Constitution and the laws.
Article 19. The superior universities, institutes and other constituted educative centers according to the legislation in the matter enjoy
waiver of all direct and indirect tax that affects the own goods, activities and services of its educative and cultural purpose. In the matter
of import tariffs, a special regime of affectation for certain goods can settle down.
The donations and scholarships with educative aims will enjoy exoneration and tributary benefits in the form and within the limits that the
law fixes.
The law establishes the control mechanisms to that the mentioned institutions subject, as well as the requirements and conditions that give
\ horseradish tree to fulfill the centers cultural that by exception can enjoy benefits such.
For the deprived educative institutions that generate income that by law are described like utilities, can settle down the application of the
tax to the rent.
Article 20. The professional schools are independent institutions with personality of public right. The law indicates the cases in that the
school registration is obligatory.
Article 21. The archaeological deposits and rest, constructions, monuments. bibliographical places, documents and of file, artistic objects
and testimonies of historical value, specifically declared goods cultural, and provisionally those that are presumed like such, are cultural
patrimony of the Nation, independently of its condition of private and public property. They are protected by the State.
The law guarantees the property of this patrimony.
It foments according to law, the participation deprived in the conservation, restoration exhibition and diffusion of he himself, as well as
restitution to the country when it is illegally transfer outside the national territory.
Article 22. The work is to have and a right. It is base of the social welfare and means of accomplishment of the person.
Article 23. The work, in its diverse modalities, is object of high-priority attention of the State, which specially protects the mother, to the
minor one and the prevented one that they work.
The State promotes conditions for the social and economic progress, in special by means of policies of promotion of the productive use
and education for the work.
No labor relation can limit the exercise of the constitutional rights, nor not know or reduce the dignity of the worker.
Nobody is forced to lend work without repayment or its free consent.
Article 24. The worker has right to an equitable and sufficient remuneration, that he tries, for him and his family, the material and spiritual
well-being.
The payment of the remuneration and the social benefits of the worker has priority on any other obligation of the employer.
Article 25. The ordinary day of work is of eight hours daily or forty and eight hours weekly, at the most. In case of cumulative or atypical
days, the average of hours worked in the corresponding period cannot surpass maximum saying.
The remunerated workers have right to weekly and annual rest. Their benefit and its compensation are regulated by law or agreement.
Article 26. In the labor relation the following principles are respected:
1. Equality of opportunities without discrimination
2. Cannot be waived character of the rights recognized by the Constitution and the law.
3. Favorable interpretation to the worker in case of unreasonable doubt on the sense of a norm.
Article 27. The law grants to the suitable worker protection against the arbitrary dismissal.
Article 28. The State recognizes the rights of syndication, collective negotiation and idles. It prevents his democratic exercise:
1. It guarantees the union freedom.
2. It foments the collective negotiation and it promotes forms of pacific solution of the labor conflicts. The collective convention has
binding force in the scope of the arranged thing.
3. It regulates the strike right so that it is exerted in harmony with the social interest. It indicates to his exceptions and limitations.
Article 29. The State recognizes the right of the workers to participate in the utilities of the company and promotes other forms of
participation.
I CAPITULATE III
POLITICAL RIGHTS AND THE DUTIES
Article 30. The greater ones of eighteen years are citizen Peruvian. For the exercise of the citizenship the electoral inscription is required.
Article 31. The citizens must right to participate in the subjects public by means of referendum; legislative initiative; removal or renovation
of authorities and demand of surrender of accounts. They also have the right of being chosen and to freely choose its representatives, in
agreement with the conditions and procedures determined by statutory law.
He is right and to have of the neighbors to participate in the municipal government of its jurisdiction. The law norm and promotes the
direct and indirect mechanisms of its participation.
They have right to the vote the citizens in enjoyment of its legal capacity.
The vote is personal, equal, free, obligatory, secret and until the seventy years. He is facilitative after that age.
He is null and punishable all act that prohibits or limits the citizen the exercise of its rights.
Article 32. They can be put under referendum:
1. The total or partial reform of the Constitution;
2. The approval of norms with law rank;
3. The municipal ordinances; and,
4. The matters relative to the decentralization process.
The suppression or the diminution of the fundamental rights cannot be put under referendum of
person, neither the international norms of tributary and budgetary character, nor treaties in vigor.
Article 33. The exercise of the citizenship is suspended:
1. By judicial resolution of interdiction.
2. By sentence with privative pain of the freedom.
3. By sentence with incapacitation of the political rights.
Article 34. The members of the Armed Forces and the National Police in activity cannot choose nor be chosen. They do not exist nor they
can be created other incapacitation.
Article 35. The citizens can individually exert their rights or through political organizations like parties, movements or alliances, according
to law. Such organizations concur to the formation and manifestation of the popular will. Its inscription in the corresponding registry
grants legal personality to them.
The law establishes oriented norms to support the democratic operation the political parties, and the transparency as far as the origin of its
economic resources and the gratuitous access of to social mass media property of the State in proportional form to the last general
electoral result.
Article 36. The State recognizes political asylum. It accepts the qualification of the put in a home one that the fled government grants. In
case of expulsion, it is not given to the put in a home one to the country whose government persecutes it.
Article 37. The extradition only grants by the Executive authority previous report of the Supreme Court, in fulfillment of the law and
treaties, and according to the principle of reciprocity.
Extradition is not granted if it is considered that it has been solicited with the purpose of persecuting or punishing by reason for religion,
nationality, opinion or race.
They are excluded from the extradition the persecuted ones by political crimes or connected facts with them. Such are considered the
genocide neither ethnic cleansing nor the terrorism.
Article 38. All the Peruvians must have to honor to Peru and to protect the national interests, as well as to respect, to fulfill and to defend
the Constitution and the legal ordering of the Nation.
I CAPITULATE IV
OF THE FUNCTION HE PUBLISHES
Article 39. All the civil employees and workers public are to the service of the Nation. The President of the Republic has the highest
hierarchy in the service to the Nation and, that order, the representatives to the Congress, ministers of State, members of the
Constitutional Court and the Council of the Magistrate, the magistrates supreme, the Public prosecutor of the Nation and the Defender of
the Town, in equal category; and the representatives of decentralized organisms and mayors, according to law.
Article 40. The law regulates the entrance to the administrative race, and the rights, duties and responsibilities of the servants public. The
civil employees are not understood in this race who carry out positions political or of confidence. No civil employee or public servant can
carry out more of a use or remunerated public position, with exception of one more by educational function.
The workers of the companies of the State or societies of mixed economy are not understood in the public function.
The periodic publication in the official newspaper of the income is obligatory that, by all concept, the high civil employees perceive, and
other servants public whom the law indicates, in regard to its positions.
Article 41. The civil employees and servants public whom the law indicates or that they administer or they handle bottoms of the State or
organisms maintained by this one must make sworn declaration of goods and rents when taking possession from their positions, during
exercise and when stopping such. The respective publication is made in the official newspaper in the form and conditions that the law
indicates.
When illicit enrichment, the Public prosecutor of the Nation is presumed, by denunciation of third or office, it formulates positions before
the Judicial Power.
The law establishes the responsibility of the civil employees and servants public, as well as the term of its incapacitation for his the public
function.
The term of prescription is duplicated in case of crimes committed against the patrimony of the State.
Article 42. The syndication rights are recognized and idles of the servants public. The civil employees of the State with being able of
decision and those are not understood that carry out direction or offices of trust, as well as the members of the Armed Forces and the
National Police.
Peru declared its independence from Spain on 28 July 1821. The original constitution was drafted by a
union of Spanish and Amerindian cultures and was revised numerously throughout the decades. In the
1980's a series of dictatorships effectively nullified the previous constitution. On 31 December 1993 the
present constitution was adopted. Human Rights were first and foremost in the new version enumerated
in Article I and complies with the 1948 Universal Declaration of Human Rights of which Peru was a
signatory. For a full English translation of Peru's constitution, click here.
union of Spanish and Amerindian cultures and was revised numerously throughout the decades. In the
1980's a series of dictatorships effectively nullified the previous constitution. On 31 December 1993 the
present constitution was adopted. Human Rights were first and foremost in the new version enumerated
in Article I and complies with the 1948 Universal Declaration of Human Rights of which Peru was a
signatory. For a full English translation of Peru's constitution, click here.