Thursday, July 26, 2012
Constitution of Colombia
PREAMBLE The people of Colombia, in exercise of its sovereign power, represented by their delegates to the National Constitutional Assembly, invoking God's protection and to strengthen the unity of the nation and ensure its members life, coexistence , labor, justice, equality, knowledge, freedom and peace, within a legal framework to ensure democratic and participatory political order, economic and social right, and committed to further integration of the Latin American community decreed sanctions and promulgates the following: POLITICAL CONSTITUTION OF COLOMBIA TITLE I - BASIC PRINCIPLES ARTICLE 1. Colombia is a social state of law, organized as a unitary republic, decentralized, with autonomous territorial entities, democratic, participatory and pluralistic society based on respect for human dignity, work and solidarity of the people who up and the prevalence of general interest. ARTICLE 2. Essential goals of the state are to serve the community, promote the general welfare and ensure the effectiveness of the principles, rights and duties enshrined in the Constitution, to facilitate the participation of all in the decisions that affect them and in the economic, political, administrative and cultural life of the Nation to defend national independence, maintain territorial integrity and ensure peaceful coexistence and the validity of a just order.
The authorities of the Republic are established to protect all persons residing in Colombia, in his life, honor, property, beliefs, and other rights and freedoms and to ensure compliance with the social obligations of the State and individuals. ARTICLE 3. Sovereignty resides exclusively in the people, of which public power emanates. The people exercise directly or through their representatives in the terms established by the Constitution. ARTICLE 4. The Constitution is the supreme law. In any event of any inconsistency between the Constitution and the law or other rule of law, the relevant constitutional provisions. It is the duty of citizens and foreigners in Colombia to abide by the Constitution and laws, and respect and obey the authorities. ARTICLE 5. The State recognizes, without any discrimination, the primacy of the inalienable rights of individuals and supports the family as the basic institution of society. ARTICLE 6. Each person is individually responsible to the authorities for violating the Constitution and laws. Civil servants are the same cause and by omission or overreaching in the exercise of their functions. ARTICLE 7. The State recognizes and protects the ethnic and cultural diversity of the Colombian nation.
ARTICLE 8. It is the duty of the state and individuals to protect the cultural and natural wealth of the nation. ARTICLE 9. The State's foreign relations are based on national sovereignty, respect for self-determination and recognition of the principles of international law accepted by Colombia. Similarly, Colombia's foreign policy is oriented toward the integration of Latin America and the Caribbean. ARTICLE 10. Castilian is the official language of Colombia. The languages and dialects of ethnic groups are also official in their territories. The education provided in communities with their own linguistic traditions will be bilingual. TITLE II. - ON THE RIGHTS, DUTIES AND GUARANTEES CHAPTER I - FUNDAMENTAL RIGHTS Article 11. The right to life is inviolable. There will be no death penalty. ARTICLE 12. No one shall be subjected to enforced disappearance, torture or cruel, inhuman or degrading treatment. ARTICLE 13. All persons are born free and equal before the law, will receive the same protection and treatment by the authorities and shall enjoy the same rights, freedoms and opportunities without discrimination based on sex, race, national or family origin, language, religion, political or philosophical.
The State shall promote the conditions for the real and effective equality and take action on behalf of groups discriminated against or marginalized. The State shall provide special protection to those people whose economic status, physical or mental, are in a situation of manifest weakness and punish any abuse or ill-treatment perpetrated against them. ARTICLE 14. Everyone has the right to recognition before the law. ARTICLE 15. All persons are entitled to their personal and family privacy and your good name, and the State must respect and enforce them. Similarly, are entitled to know, update, and rectify information gathered about them in databases and files of public and private entities. In the collection, processing and circulation data and other respected freedom guarantees enshrined in the Constitution. Correspondence and other forms of private communication are inviolable. Only be intercepted or recorded by court order, in the cases and with the formalities prescribed by law. In order to prevent the commission of terrorist acts, a statutory law regulate the manner and conditions under which the authorities as it may specify, based on serious grounds, to intercept or record the correspondence and other forms of private communication without a warrant with immediate notice to the Attorney General's Office and subsequent judicial control within the thirty-six (36) hours.
At the start of each session, the gove rnment shall report to Congress on the use made of this power. The officials who abuse the measures referred to in this Article shall be liable to very serious offense, without prejudice to other responsibilities as may be appropriate. For tax purposes and for cases judicial inspection, monitoring and intervention of the State may require the production of books and other private documents in the manner provided by law. (As amended by Legislative Act No. 2 of 2003) Article 16 . Everyone has the right to free development of his personality without other limitations than those imposed by the rights of others and the legal system. ARTICLE 17. Prohibits slavery, servitude and trafficking in human beings in all its forms. ARTICLE 18. It guarantees freedom of conscience. No one shall be molested on account of their convictions or beliefs or compelled to reveal or obliged to act against their conscience. ARTICLE 19. It guarantees freedom of religion. Everyone has the right to profess their religion freely and to disseminate it individually or collectively. All religions and churches are equally free before the law.
ARTICLE 20. It guarantees everyone the freedom to express and disseminate his thoughts and opinions, to transmit and receive truthful and impartial, and to establish mass media. These are free and have a social responsibility. The right to rectification under equitable conditions. There will be no censorship. ARTICLE 21. The right to dignity. The law shall specify the form of protection. ARTICLE 22. Peace is a right and a duty binding. ARTICLE 23. Everyone has the right to present petitions to the authorities for the particular interest or to secure their prompt resolution. The legislature may regulate private organizations to ensure fundamental rights. ARTICLE 24. All Colombian limitations established by law, is entitled to move freely throughout the national territory, to enter and leave him to remain and reside in Colombia. The Government may establish an obligation to bring home a report of the inhabitants of the country, in accordance with statutory law is issued for the purpose. (As amended by Legislative Act No. 2 of 2003) Article 25. Work is a right and a social obligation and enjoy in all its forms, the special state protection.
Everyone has the right to work in decent conditions and fair. ARTICLE 26. Everyone is free to choose a profession or trade. The law may require certificates of competence. The competent authorities shall inspect and supervise the exercise of professions. Occupations, arts and crafts that do not require academic training are freely exercised, except those that involve a social risk. Legally recognized professions can be organized in schools. The internal structure and functioning of these must be democratic. The law may assign public functions and establish the appropriate controls. ARTICLE 27. The state guarantees freedom of teaching, learning, research and lecturing. ARTICLE 28. Anyone is free. No one may be molested in his person or family, or imprisoned or arrested or detained, or his domicile searched, except by written order of a competent judicial authority with the legal formalities and for reasons previously defined in the law. The person is arrested shall be brought before the competent court within the thirty-six (36) hours so that this decision is taken within the period prescribed by law. In no case can there be arrest, detention or arrest for debts or penalties and security limitations.
A statute shall regulate the manner in which, without a warrant, the authorities indicate that she can make arrests, raids and house searches, to immediately notify the Attorney General's Office and subsequent judicial review within thirty-six (36 ) hours, provided that there are serious reasons to prevent the commission of terrorist acts. At the start of each session, the Government shall report to Congress on the use made of this power. The officials who abuse the measures referred to in this Article shall be liable to very serious offense, without prejudice to other responsibilities as may be appropriate. ARTICLE 29. Due process applies to all kinds of legal and administrative proceedings. No one shall be tried except in accordance with laws that predate the act imputed to him, before a competent court and observance of all formalities in each trial. In criminal matters, permissive or favorable law, even if later be applied in preference to restrictive or unfavorable. All persons are presumed innocent until proved guilty according to law beech. Anyone who is accused has the right to defense and assistance of counsel chosen by him or assigned during the investigation and prosecution, to a fair public trial without undue delay; to present evidence and which witnesses for the prosecution , to challenge the conviction, and not be tried twice for the same offense.
Is null and void, the evidence obtained in violation of due process. ARTICLE 30. Whoever is deprived of their liberty, and believes it to be unlawful is entitled to invoke before any judicial authority at any time, by himself or through another person, the Habeas Corpus, which must decide within thirty-six hours. ARTICLE 31. Any conviction may be appealed or reviewed, except as otherwise provided by law.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment