| YEMEN Republic of Yemen Al Jumhuriyah al Yamaniyah Joined United Nations: 30 September 1947 Human Rights as assured by their constitution Updated 17 February 2013 |
Title II Basic Rights and Duties of Citizens
Article 26
All citizens have the right to participate in the political, economic, sacral, and cultural life. To this end, the state shall guarantee the
freedom of thought and the freedom to express opinion by word of mouth, in writing, or in picture, within the limits of the law.
Article 27
All citizens are equal before the law. They are equal in public rights and duties. There shall be no discrimination between them based on
sex, color, ethnic origin, language, occupation, social status, or religion.
Article 28
The law shall regulate Yemeni nationality. No Yemeni may be deprived of this nationality. Those who acquire Yemeni nationality may not
lose it except in accordance with the law.
Article 29
No Yemeni citizen may be extradited to a foreign authority.
Article 30
Political refugees may not be extradited.
Article 31
Criminal liability is personal. Nobody shall be punished except in accordance with a law. No punishment may be imposed for offenses
perpetuated prior to the enactment of the law under which these offenses are punishable. Every accused is innocent until proven guilty by
a final judicial sentence.
Article 32 {...}
Article 32a
The state shall guarantee, for its citizens, their personal freedom, dignity, and safety. The law shall specify cases of depriving a citizen of
his freedom. No one may be deprived of his freedom except under a ruling by a competent court.
Article 32b
(1) Nobody may be arrested, searched, or detained unless caught in the act; or in implementation of an order necessitated by an
investigation or by the maintenance of security; issued by a judge or a prosecutor in accordance with the provisions of the law.
(2) No person may be put under probation or be the subject of an inquiry except in accordance with the law. Any person whose freedom
is restricted in any manner shall be treated with dignity. Physical and psychological torture are prohibited. No one may be forced to give a
confession during an investigation. Anyone whose freedom is restricted has the right to remain silent and to speak only in the presence of
an attorney. No one may be jailed or detained in places other than those governed by the law regulating prisons. Physical punishment and
degrading treatment at the time of arrest or during jail or detention are prohibited.
Article 32c
Whoever is temporarily arrested for suspicion of committing a crime shall be arraigned within twenty-four hours. The judge shall inform
him of the reasons for his arrest, question him, and give him the opportunity to plead his defense. The judge shall immediately issue a
reasoned order for his release or continued detention. In all cases, detention should not exceed the period specified in that judicial order.
Article 32d
At the time of arrest, the accused may designate a person to be immediately notified of the arrest and of any court order extending his
detention. Should the arrested person be unable to designate a specific person, his relatives or whoever it may concern, should be notified.
Article 32e
The law shall determine the proper punishment for whoever
violates any provision of this article, in addition to the reparations he has to pay for any damage that might befall anyone as a result of this
violation.
Article 33
No cruel or degrading means may be used in executing penalties and no laws permitting such means may be enacted.
Article 34
Every citizen has the right to resort to court to seek the protection of his legal rights and interests. Everyone has the right to submit
complaints, criticisms, and proposals, directly or indirectly, to organs and bodies of the state.
Article 35
Domiciles, houses of worship, and educational institutions are inviolable and shall not be subjected to any control or search except in
cases specified by the law.
Article 36
Freedom and confidentiality of mail, telephones, telegrams, and all means of communication shall be guaranteed. They may not be
censored, searched, made public, delayed, or confiscated except in cases determined by the law and by a court order.
Article 37
All citizens have the right to education. This right shall be guaranteed by the state, through the establishment of different schools and
educational and cultural institutions. The state shall particularly emphasize taking care of youth and protecting them from deviation,
providing them with religious, mental, and physical education and creating the proper conditions for the development of their abilities in all
fields.
Article 38
Every citizen may move about in any part of the Yemeni territory. This freedom of movement may not be restricted except in cases
determined by the law in light of the requirements for safety and security of citizens. Freedom to enter and leave the Republic shall be
regulated by the law. No Yemeni may be forced to leave Yemeni territory or prevented from returning to it.
Article 39
Citizens all over the Republic may, in a manner that does not contravene the provisions of this constitution, associate politically,
professionally, and in trade unions. They have the right to establish scientific, cultural, social, and national organizations and unions in a
manner that serves the purposes of this constitution. The state shall guarantee this right and provide all necessary means to enable its
citizens to exercise it. It shall also guarantee all freedoms for political, cultural, scientific, social, and trade union organizations.
Article 26
All citizens have the right to participate in the political, economic, sacral, and cultural life. To this end, the state shall guarantee the
freedom of thought and the freedom to express opinion by word of mouth, in writing, or in picture, within the limits of the law.
Article 27
All citizens are equal before the law. They are equal in public rights and duties. There shall be no discrimination between them based on
sex, color, ethnic origin, language, occupation, social status, or religion.
Article 28
The law shall regulate Yemeni nationality. No Yemeni may be deprived of this nationality. Those who acquire Yemeni nationality may not
lose it except in accordance with the law.
Article 29
No Yemeni citizen may be extradited to a foreign authority.
Article 30
Political refugees may not be extradited.
Article 31
Criminal liability is personal. Nobody shall be punished except in accordance with a law. No punishment may be imposed for offenses
perpetuated prior to the enactment of the law under which these offenses are punishable. Every accused is innocent until proven guilty by
a final judicial sentence.
Article 32 {...}
Article 32a
The state shall guarantee, for its citizens, their personal freedom, dignity, and safety. The law shall specify cases of depriving a citizen of
his freedom. No one may be deprived of his freedom except under a ruling by a competent court.
Article 32b
(1) Nobody may be arrested, searched, or detained unless caught in the act; or in implementation of an order necessitated by an
investigation or by the maintenance of security; issued by a judge or a prosecutor in accordance with the provisions of the law.
(2) No person may be put under probation or be the subject of an inquiry except in accordance with the law. Any person whose freedom
is restricted in any manner shall be treated with dignity. Physical and psychological torture are prohibited. No one may be forced to give a
confession during an investigation. Anyone whose freedom is restricted has the right to remain silent and to speak only in the presence of
an attorney. No one may be jailed or detained in places other than those governed by the law regulating prisons. Physical punishment and
degrading treatment at the time of arrest or during jail or detention are prohibited.
Article 32c
Whoever is temporarily arrested for suspicion of committing a crime shall be arraigned within twenty-four hours. The judge shall inform
him of the reasons for his arrest, question him, and give him the opportunity to plead his defense. The judge shall immediately issue a
reasoned order for his release or continued detention. In all cases, detention should not exceed the period specified in that judicial order.
Article 32d
At the time of arrest, the accused may designate a person to be immediately notified of the arrest and of any court order extending his
detention. Should the arrested person be unable to designate a specific person, his relatives or whoever it may concern, should be notified.
Article 32e
The law shall determine the proper punishment for whoever
violates any provision of this article, in addition to the reparations he has to pay for any damage that might befall anyone as a result of this
violation.
Article 33
No cruel or degrading means may be used in executing penalties and no laws permitting such means may be enacted.
Article 34
Every citizen has the right to resort to court to seek the protection of his legal rights and interests. Everyone has the right to submit
complaints, criticisms, and proposals, directly or indirectly, to organs and bodies of the state.
Article 35
Domiciles, houses of worship, and educational institutions are inviolable and shall not be subjected to any control or search except in
cases specified by the law.
Article 36
Freedom and confidentiality of mail, telephones, telegrams, and all means of communication shall be guaranteed. They may not be
censored, searched, made public, delayed, or confiscated except in cases determined by the law and by a court order.
Article 37
All citizens have the right to education. This right shall be guaranteed by the state, through the establishment of different schools and
educational and cultural institutions. The state shall particularly emphasize taking care of youth and protecting them from deviation,
providing them with religious, mental, and physical education and creating the proper conditions for the development of their abilities in all
fields.
Article 38
Every citizen may move about in any part of the Yemeni territory. This freedom of movement may not be restricted except in cases
determined by the law in light of the requirements for safety and security of citizens. Freedom to enter and leave the Republic shall be
regulated by the law. No Yemeni may be forced to leave Yemeni territory or prevented from returning to it.
Article 39
Citizens all over the Republic may, in a manner that does not contravene the provisions of this constitution, associate politically,
professionally, and in trade unions. They have the right to establish scientific, cultural, social, and national organizations and unions in a
manner that serves the purposes of this constitution. The state shall guarantee this right and provide all necessary means to enable its
citizens to exercise it. It shall also guarantee all freedoms for political, cultural, scientific, social, and trade union organizations.
Sumerian culture dominated the Arabian Peninsula as early as 3,000 BCE, yielding to Semitic
culture in 2300 BCE. The Sabaean Kingdom arose in the 8th Century BCE eventually
yielding to the Ma'in, Himyar and Aksum Kingdoms who dominated until the invasion of the
Persians in 570 CE. Islam arrived around 630 with rival imams wrestling for control of Yemen
until 1516 when the Mamluks annex Yemen to Egypt, yielding control to the Ottoman Turks
in 1517. The controlled the coast wile the Zaydi Imams controlled the highlands until
collapsing in the 1830's and full control at last transferring to the Ottomans. Britain
established a protectorate in the south based at Aden in 1839 and an eventual division of
North from South Yemen in 1904. Following World war I, North Yemen became independent
of the Ottoman Empire in 1918 with Imam Yahya Muhammad establishing the Mutawakkilite
Kingdom of Yemen. The British abandoned its protectorate of South Yemen in 1967 and the
South establishing a Communist State. Following decades of Civil War between North and
South, a government of unity was established on 22 May 1990. The present constitution was
adopted on 16 May 1991. Human rights are enumerated beginning with Title II (Basic Rights
and Duties of Citizens), conforms with the 1948 Universal Declaration of Human Rights of
which Yemen is a signatory and are detailed below. For a full English translation of Yemen's
Constitution, click here.
culture in 2300 BCE. The Sabaean Kingdom arose in the 8th Century BCE eventually
yielding to the Ma'in, Himyar and Aksum Kingdoms who dominated until the invasion of the
Persians in 570 CE. Islam arrived around 630 with rival imams wrestling for control of Yemen
until 1516 when the Mamluks annex Yemen to Egypt, yielding control to the Ottoman Turks
in 1517. The controlled the coast wile the Zaydi Imams controlled the highlands until
collapsing in the 1830's and full control at last transferring to the Ottomans. Britain
established a protectorate in the south based at Aden in 1839 and an eventual division of
North from South Yemen in 1904. Following World war I, North Yemen became independent
of the Ottoman Empire in 1918 with Imam Yahya Muhammad establishing the Mutawakkilite
Kingdom of Yemen. The British abandoned its protectorate of South Yemen in 1967 and the
South establishing a Communist State. Following decades of Civil War between North and
South, a government of unity was established on 22 May 1990. The present constitution was
adopted on 16 May 1991. Human rights are enumerated beginning with Title II (Basic Rights
and Duties of Citizens), conforms with the 1948 Universal Declaration of Human Rights of
which Yemen is a signatory and are detailed below. For a full English translation of Yemen's
Constitution, click here.