| SINT MAARTEN Country of Sint Maarten Land Sint Maarten (Part of the Kingdom of Netherlands) Joined United Nations: 10 December 1945 Human Rights as assured by their constitution Updated 15 February 2013 |
CHAPTER 2
FUNDAMENTAL RIGHTS
§ 1. Freedoms
Article 2
1. The right of everyone to life is protected by ordinance. No one is arbitrarily deprived of life.
2. The death penalty can not be imposed.
Article 3
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 4
1. No one shall be held in slavery or servitude.
2. No person shall perform forced or compulsory labor, other than as a community service.
3. Trafficking is prohibited.
Article 5
1. Everyone has, except by or pursuant to ordinance restrictions, right respect for his privacy.
2. The Land Ordinance are rules to protect privacy in connection with the recording and dissemination of personal data. These data must
be processed fairly for specified purposes and with the consent of the person or by some other legitimate basis laid down Ordinance
provides.
3. The Land Ordinance includes rules on the rights of persons to note of them on set data and the use that is made, and to improve such
data.
Article 6
Everyone, except by or pursuant to ordinance restrictions, right inviolability of his body.
Article 7
1. Entering into a dwelling without the consent of the occupant shall be permitted only in The ordinance defined cases, by those who
achieve this ordinance are designated.
2. To enter under the first paragraph, prior identification and statement of the purpose of entering required, except by ordinance
those exceptions.
3. To the occupant a written report within 48 hours of the entry provided. If entering in the interest of national security or that of the
prosecution has occurred, according to the rules to Land Ordinance submission of the report be postponed. The ordinance to determine
cases the provision may be omitted, if the interests of national providing security against continued resistance.
Article 8
1. The correspondence is inviolable, except in the cases determined by ordinance, by or authorization of the court.
2. The phone is inviolable, except in the cases determined by ordinance, by or with the authorization of those so designated by ordinance.
Article 9
1. Everyone has the right to his religion or belief, either individually or in community with others, to profess freely, subject to his
responsibility under Ordinance.
2. The Land Ordinance, the exercise of this right other buildings and enclosed places be limited to protect the health, in the interest of
traffic and to combat or prevent disorders.
Article 10
1. Everyone has the right, without prior permission by the press thoughts or feelings disclose or transmit information, except his
responsibility under Ordinance.
2. The Land Ordinance to radio or television broadcasts licenses subject in the importance of responsible use of the air or in the interests
of a pluralistic broadcasting. There is no prior control over the content of a radio or television broadcast.
3. To submit thoughts or feelings or the transmission of information by Other than the above paragraphs means nobody has prior
permission necessary because of their content, except his responsibility under Ordinance. The Land Ordinance, the holding of
performances open to persons younger than sixteen years, to protect public morals be controlled.
4. The preceding paragraphs do not apply to commercial advertising.
5. No one shall require prior permission to gather intelligence and to receive prejudice to his responsibility under Land Ordinance. The
Land Ordinance may the right to collect intelligence are limited.
Article 11
1. The teaching is free subject to the ordinance to regulate the control of government. The Land Ordinance can be laid down to protect the
health and, as designated by ordinance species education, as regarding the competence and morality of those who teach.
2. Every child is entitled to obtain general education.
3. Public education is respecting everyone's religion or belief regulated. The Land Ordinance will ensure that sufficient opportunity is given
to receive public education and sufficient to meet the need ordinance with designated other types of public education.
4. Insofar as this ordinance by or pursuant to conditions, the private primary schools and other species designated by ordinance of special
education pursuant to the same standards as public education financed from public funds.
5. The conditions referred to in the preceding paragraph respecting the freedom of conviction, including in particular the choice of
materials and the appointment of those who teaching. They are subject to the direction of freedom such provided, that the standards
adequately ensured by both the particular education of public education.
Article 12
The right of association is recognized. The Land Ordinance This right may be restricted in the interest of public order.
Article 13
1. The right of assembly and demonstration shall be approved by each responsibility by ordinance.
2. The Land Ordinance, this right can be restricted to protect the health, the importance of traffic and to combat or prevent disorders.
Article 14
1. Anyone who is legally in St. Maarten, it has the right freely to move, to stay and to choose his residence, except by or under Ordinance
to set limits.
2. Everyone has the right to leave the country, except in cases prescribed by ordinance determined.
Article 15
1. Everyone is entitled to the peaceful enjoyment of his property, except by or ordinance under the public interest to set limits.
2. No one can be deprived of his property, until declared by Land Ordinance, that the public utility expropriation claims, or at pre-enjoyed
guaranteed in advance compensation, and another one for under or pursuant to Land Ordinance requirements.
3. When emergency immediate expropriation is canceled in the previous paragraph requirement, previously established by ordinance
declaring that the public benefit expropriation compensation claims and does not advance or received in advance insured.
4. In the cases determined by ordinance is entitled to compensation or compensation for the damage, and in general ownership by the
competent authority is destroyed or rendered unusable or the exercise of property rights is limited.
§ 2. Equality
Article 16
All persons in St. Maarten are, are treated equally in equal circumstances. Discrimination because of religion, belief, political opinion, race,
color, sex, language, national or social origin, association with a national minority, property, birth, or any other grounds whatsoever is
prohibited.
Article 17
All Dutch citizens are equally eligible for appointment to public service.
Article 18
Man and woman are equal before the law.
Article 19
The continuing concern of the government is aimed at protecting children and young and promoting their right to education, welfare,
cultural development and leisure.
§ 3. Solidarity
Article 20
1. The livelihoods of the population and distribution of wealth are subject to concern shared by the government.
2. The Land Ordinance includes rules on the entitlement to social security.
3. In Dutch St. Maarten resident who does not can provide for themselves, have right to assistance from the government, Land
Ordinance to set limits.
Article 21
1. Promoting sufficient employment constant concern of the government.
2. The Land Ordinance includes rules on the status of employees and taking their protection, as well as participation.
3. The right of every Dutch to free choice of employment is recognized, subject to restrictions put in or pursuant to ordinance.
Article 22
1. The government shall take measures to promote public health.
2. Promoting adequate housing is the constant concern of the government.
3. The government creates conditions for social and cultural development and leisure and for the preservation of cultural heritage.
Article 23
The continuing concern of the government is focused on the habitability of the country and protect and improve the environment and
animal welfare.
§ 4. Citizenship
Article 24
Every Dutch citizen residing in St. Maarten have an equal right to the members of the general elected representative bodies, as well as
members of those bodies elected, except for those exceptions to Ordinance.
Article 25
1. Everyone has the right to request in writing to the Authority to submit.
2. People who can not write may submit applications through others who have been authorized to do so by ordinance.
3. The competent authority is obliged to requests within time limit ordinance to regulate answer. Requests to the States by the States
answered within a according to the rules of procedure of the States to run.
Article 26
The Land Ordinance, the admission and expulsion of aliens settled.
§ 5. Justice
Article 27
Everyone has the determination of his civil rights and obligations and a prosecution for a crime the right to a fair and public hearing case
within a reasonable time by an independent and impartial tribunal. The Land Ordinance, the public nature of the treatment are limited.
Article 28
1. Everyone has the right to personal liberty. No one shall be deprived of his liberty, than according to legislation under Article 79, f and g,
to establish rules where:
a. lawful detention after conviction by a competent court;
b. lawful arrest or detention because of a refusal under a statutory settlement of a court injunction to follow or ensure compliance with a
legislation prescribed an express obligation to insure;
c. lawful arrest or detention order for the court by be conducted when there are reasonable grounds to suspect that he is a criminal
offense has committed or if it is reasonably necessary to prevent an offense committing or fleeing after having committed an offense;
d. lawful detention of a minor with the purpose to intervene in his upbringing or In the case of his lawful detention order him to the
competent authority guide;
e. legitimate and legal custody of persons deprived of liberty infectious disease could spread, unsound mind, addicted to alcohol or drugs;
f. lawful detention of persons, in order to prevent them from being unlawfully the country to enter;
g. lawful arrest or detention of persons as they face an expulsion or extradition.
2. Everyone who is arrested or detained in accordance with the first paragraph c of this Article shall be conducted promptly before a
judge and has the right within a reasonable time or to release pending trial process to release.
3. Everyone deprived of liberty shall have the right:
a. to take proceedings before a court to decide without delay so that the lawfulness of his imprisonment and his release ordered if the
unlawful deprivation of liberty;
b. promptly in a language which he understands, to be informed of the nature and the reason for his detention, his right to refrain answers
and its jurisdiction assistance of a lawyer.
4. Anyone who has been the victim of a deprivation of liberty contrary to the provisions of this Article shall be entitled to compensation.
5. A person who has been lawfully deprived of liberty, may be restricted in the exercise of rights insofar as they do not tolerate the
deprivation of liberty.
Article 29
1. No offense punishable than by virtue of which preceded a statutory penalty provision.
2. Everyone charged with a criminal offense is presumed innocent until his guilt is proven under Land Ordinance.
3. No person shall be prosecuted or punished twice for an offense concerning which he finally adjudicated by the court.
4. Everyone charged with a criminal offense, in particular the following Rights:
a. promptly, in a language which he understands and in detail, to be informed of the nature and cause of the charges against him, his right
to refrain from his answers and power to themselves to do assisted by a lawyer;
b. have the free assistance of an interpreter if he language in court used not understand or speak;
c. To have adequate time and facilities to prepare his defense;
d. to defend himself;
e. witnesses to be questioned or have questions, and the attendance and examination of witnesses on his behalf under the same conditions
as the case with the witnesses against him.
Article 30
1. Everyone can take legal and administrative proceedings to assist him.
2. The Land Ordinance includes rules on the granting of legal aid for well-off.
Article 31
1 All who have been deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2. Suspects, exceptional circumstances aside, separated taken from convicted persons and are entitled to a separate treatment
corresponding to their status as unconvicted persons.
3. Accused juvenile persons shall be separated from adults and as soon as possible brought to justice.
4. The prison system provides a treatment of prisoners in the first place focused on reformation and social rehabilitation. Juveniles are
separated prisoners taken from adults and be treated in accordance with their age and legal status.
FUNDAMENTAL RIGHTS
§ 1. Freedoms
Article 2
1. The right of everyone to life is protected by ordinance. No one is arbitrarily deprived of life.
2. The death penalty can not be imposed.
Article 3
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 4
1. No one shall be held in slavery or servitude.
2. No person shall perform forced or compulsory labor, other than as a community service.
3. Trafficking is prohibited.
Article 5
1. Everyone has, except by or pursuant to ordinance restrictions, right respect for his privacy.
2. The Land Ordinance are rules to protect privacy in connection with the recording and dissemination of personal data. These data must
be processed fairly for specified purposes and with the consent of the person or by some other legitimate basis laid down Ordinance
provides.
3. The Land Ordinance includes rules on the rights of persons to note of them on set data and the use that is made, and to improve such
data.
Article 6
Everyone, except by or pursuant to ordinance restrictions, right inviolability of his body.
Article 7
1. Entering into a dwelling without the consent of the occupant shall be permitted only in The ordinance defined cases, by those who
achieve this ordinance are designated.
2. To enter under the first paragraph, prior identification and statement of the purpose of entering required, except by ordinance
those exceptions.
3. To the occupant a written report within 48 hours of the entry provided. If entering in the interest of national security or that of the
prosecution has occurred, according to the rules to Land Ordinance submission of the report be postponed. The ordinance to determine
cases the provision may be omitted, if the interests of national providing security against continued resistance.
Article 8
1. The correspondence is inviolable, except in the cases determined by ordinance, by or authorization of the court.
2. The phone is inviolable, except in the cases determined by ordinance, by or with the authorization of those so designated by ordinance.
Article 9
1. Everyone has the right to his religion or belief, either individually or in community with others, to profess freely, subject to his
responsibility under Ordinance.
2. The Land Ordinance, the exercise of this right other buildings and enclosed places be limited to protect the health, in the interest of
traffic and to combat or prevent disorders.
Article 10
1. Everyone has the right, without prior permission by the press thoughts or feelings disclose or transmit information, except his
responsibility under Ordinance.
2. The Land Ordinance to radio or television broadcasts licenses subject in the importance of responsible use of the air or in the interests
of a pluralistic broadcasting. There is no prior control over the content of a radio or television broadcast.
3. To submit thoughts or feelings or the transmission of information by Other than the above paragraphs means nobody has prior
permission necessary because of their content, except his responsibility under Ordinance. The Land Ordinance, the holding of
performances open to persons younger than sixteen years, to protect public morals be controlled.
4. The preceding paragraphs do not apply to commercial advertising.
5. No one shall require prior permission to gather intelligence and to receive prejudice to his responsibility under Land Ordinance. The
Land Ordinance may the right to collect intelligence are limited.
Article 11
1. The teaching is free subject to the ordinance to regulate the control of government. The Land Ordinance can be laid down to protect the
health and, as designated by ordinance species education, as regarding the competence and morality of those who teach.
2. Every child is entitled to obtain general education.
3. Public education is respecting everyone's religion or belief regulated. The Land Ordinance will ensure that sufficient opportunity is given
to receive public education and sufficient to meet the need ordinance with designated other types of public education.
4. Insofar as this ordinance by or pursuant to conditions, the private primary schools and other species designated by ordinance of special
education pursuant to the same standards as public education financed from public funds.
5. The conditions referred to in the preceding paragraph respecting the freedom of conviction, including in particular the choice of
materials and the appointment of those who teaching. They are subject to the direction of freedom such provided, that the standards
adequately ensured by both the particular education of public education.
Article 12
The right of association is recognized. The Land Ordinance This right may be restricted in the interest of public order.
Article 13
1. The right of assembly and demonstration shall be approved by each responsibility by ordinance.
2. The Land Ordinance, this right can be restricted to protect the health, the importance of traffic and to combat or prevent disorders.
Article 14
1. Anyone who is legally in St. Maarten, it has the right freely to move, to stay and to choose his residence, except by or under Ordinance
to set limits.
2. Everyone has the right to leave the country, except in cases prescribed by ordinance determined.
Article 15
1. Everyone is entitled to the peaceful enjoyment of his property, except by or ordinance under the public interest to set limits.
2. No one can be deprived of his property, until declared by Land Ordinance, that the public utility expropriation claims, or at pre-enjoyed
guaranteed in advance compensation, and another one for under or pursuant to Land Ordinance requirements.
3. When emergency immediate expropriation is canceled in the previous paragraph requirement, previously established by ordinance
declaring that the public benefit expropriation compensation claims and does not advance or received in advance insured.
4. In the cases determined by ordinance is entitled to compensation or compensation for the damage, and in general ownership by the
competent authority is destroyed or rendered unusable or the exercise of property rights is limited.
§ 2. Equality
Article 16
All persons in St. Maarten are, are treated equally in equal circumstances. Discrimination because of religion, belief, political opinion, race,
color, sex, language, national or social origin, association with a national minority, property, birth, or any other grounds whatsoever is
prohibited.
Article 17
All Dutch citizens are equally eligible for appointment to public service.
Article 18
Man and woman are equal before the law.
Article 19
The continuing concern of the government is aimed at protecting children and young and promoting their right to education, welfare,
cultural development and leisure.
§ 3. Solidarity
Article 20
1. The livelihoods of the population and distribution of wealth are subject to concern shared by the government.
2. The Land Ordinance includes rules on the entitlement to social security.
3. In Dutch St. Maarten resident who does not can provide for themselves, have right to assistance from the government, Land
Ordinance to set limits.
Article 21
1. Promoting sufficient employment constant concern of the government.
2. The Land Ordinance includes rules on the status of employees and taking their protection, as well as participation.
3. The right of every Dutch to free choice of employment is recognized, subject to restrictions put in or pursuant to ordinance.
Article 22
1. The government shall take measures to promote public health.
2. Promoting adequate housing is the constant concern of the government.
3. The government creates conditions for social and cultural development and leisure and for the preservation of cultural heritage.
Article 23
The continuing concern of the government is focused on the habitability of the country and protect and improve the environment and
animal welfare.
§ 4. Citizenship
Article 24
Every Dutch citizen residing in St. Maarten have an equal right to the members of the general elected representative bodies, as well as
members of those bodies elected, except for those exceptions to Ordinance.
Article 25
1. Everyone has the right to request in writing to the Authority to submit.
2. People who can not write may submit applications through others who have been authorized to do so by ordinance.
3. The competent authority is obliged to requests within time limit ordinance to regulate answer. Requests to the States by the States
answered within a according to the rules of procedure of the States to run.
Article 26
The Land Ordinance, the admission and expulsion of aliens settled.
§ 5. Justice
Article 27
Everyone has the determination of his civil rights and obligations and a prosecution for a crime the right to a fair and public hearing case
within a reasonable time by an independent and impartial tribunal. The Land Ordinance, the public nature of the treatment are limited.
Article 28
1. Everyone has the right to personal liberty. No one shall be deprived of his liberty, than according to legislation under Article 79, f and g,
to establish rules where:
a. lawful detention after conviction by a competent court;
b. lawful arrest or detention because of a refusal under a statutory settlement of a court injunction to follow or ensure compliance with a
legislation prescribed an express obligation to insure;
c. lawful arrest or detention order for the court by be conducted when there are reasonable grounds to suspect that he is a criminal
offense has committed or if it is reasonably necessary to prevent an offense committing or fleeing after having committed an offense;
d. lawful detention of a minor with the purpose to intervene in his upbringing or In the case of his lawful detention order him to the
competent authority guide;
e. legitimate and legal custody of persons deprived of liberty infectious disease could spread, unsound mind, addicted to alcohol or drugs;
f. lawful detention of persons, in order to prevent them from being unlawfully the country to enter;
g. lawful arrest or detention of persons as they face an expulsion or extradition.
2. Everyone who is arrested or detained in accordance with the first paragraph c of this Article shall be conducted promptly before a
judge and has the right within a reasonable time or to release pending trial process to release.
3. Everyone deprived of liberty shall have the right:
a. to take proceedings before a court to decide without delay so that the lawfulness of his imprisonment and his release ordered if the
unlawful deprivation of liberty;
b. promptly in a language which he understands, to be informed of the nature and the reason for his detention, his right to refrain answers
and its jurisdiction assistance of a lawyer.
4. Anyone who has been the victim of a deprivation of liberty contrary to the provisions of this Article shall be entitled to compensation.
5. A person who has been lawfully deprived of liberty, may be restricted in the exercise of rights insofar as they do not tolerate the
deprivation of liberty.
Article 29
1. No offense punishable than by virtue of which preceded a statutory penalty provision.
2. Everyone charged with a criminal offense is presumed innocent until his guilt is proven under Land Ordinance.
3. No person shall be prosecuted or punished twice for an offense concerning which he finally adjudicated by the court.
4. Everyone charged with a criminal offense, in particular the following Rights:
a. promptly, in a language which he understands and in detail, to be informed of the nature and cause of the charges against him, his right
to refrain from his answers and power to themselves to do assisted by a lawyer;
b. have the free assistance of an interpreter if he language in court used not understand or speak;
c. To have adequate time and facilities to prepare his defense;
d. to defend himself;
e. witnesses to be questioned or have questions, and the attendance and examination of witnesses on his behalf under the same conditions
as the case with the witnesses against him.
Article 30
1. Everyone can take legal and administrative proceedings to assist him.
2. The Land Ordinance includes rules on the granting of legal aid for well-off.
Article 31
1 All who have been deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2. Suspects, exceptional circumstances aside, separated taken from convicted persons and are entitled to a separate treatment
corresponding to their status as unconvicted persons.
3. Accused juvenile persons shall be separated from adults and as soon as possible brought to justice.
4. The prison system provides a treatment of prisoners in the first place focused on reformation and social rehabilitation. Juveniles are
separated prisoners taken from adults and be treated in accordance with their age and legal status.
Various Arawak Indian tribes migrated from South America settling into the Caribbean
around 1000 CE . The Windward Island chain (Saba, Sint Eustatius and Sint Maarten) was
encountered by Christopher Columbus on his second voyage in 1493 and the Leeward
Islands Bonaire and Curacao as well as Aruba) were first spotted by Alonso de Ojeda in
1499. While Spain has discovered them, control for the islands was greatly contested by the
powers of Europe but the Dutch made a concerted effort of settlement of the 1630's. The
18th and 19th Centuries saw the islands passing repeatedly into the hands of France and
the United Kingdom but Dutch control was solidified in 1815 following the Napoleonic Wars.
Slavery was abolished in 1863. On 1 November 1954 a measure of autonomy was granted to
the islands with the formation of the Netherlands Antilles. On 29 December 1954 the
Kingdom of Netherlands enacted a Statute of the Realm of the Netherlands which served as
a Constitutional Decree of the Netherlands Antilles. In a 2000 referendum, the citizens of Sint
Maarten voted to become a self-governing country within the Kingdom of the Netherlands.
On 21 July 2010 the Constitution for the Country Sint Maarten was passed unanimously by
the Island Council. The change in status became effective on 10 October 2010 with the
dissolution of the Netherlands Antilles. Human rights are specifically enumerated in Chapter
2 (FUNDAMENTAL RIGHTS) and are detailed below. Citizens of Sint Maarten also enjoy the
benefits of the Constitution of the Kingdom of the Netherlands which conforms with the
1948 Universal Declaration of Human Rights of which The Netherlands is a signatory. For a
full English translation of the Constitution for Sint Maarten, click here.
around 1000 CE . The Windward Island chain (Saba, Sint Eustatius and Sint Maarten) was
encountered by Christopher Columbus on his second voyage in 1493 and the Leeward
Islands Bonaire and Curacao as well as Aruba) were first spotted by Alonso de Ojeda in
1499. While Spain has discovered them, control for the islands was greatly contested by the
powers of Europe but the Dutch made a concerted effort of settlement of the 1630's. The
18th and 19th Centuries saw the islands passing repeatedly into the hands of France and
the United Kingdom but Dutch control was solidified in 1815 following the Napoleonic Wars.
Slavery was abolished in 1863. On 1 November 1954 a measure of autonomy was granted to
the islands with the formation of the Netherlands Antilles. On 29 December 1954 the
Kingdom of Netherlands enacted a Statute of the Realm of the Netherlands which served as
a Constitutional Decree of the Netherlands Antilles. In a 2000 referendum, the citizens of Sint
Maarten voted to become a self-governing country within the Kingdom of the Netherlands.
On 21 July 2010 the Constitution for the Country Sint Maarten was passed unanimously by
the Island Council. The change in status became effective on 10 October 2010 with the
dissolution of the Netherlands Antilles. Human rights are specifically enumerated in Chapter
2 (FUNDAMENTAL RIGHTS) and are detailed below. Citizens of Sint Maarten also enjoy the
benefits of the Constitution of the Kingdom of the Netherlands which conforms with the
1948 Universal Declaration of Human Rights of which The Netherlands is a signatory. For a
full English translation of the Constitution for Sint Maarten, click here.