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«POLITICAL CONSTITUTION OF PERU 29 December 1993 Translation by PETER B. HELLER Based on the Official Edition of the Constitution Published by the ...»

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CONSTITUTIONAL DOCUMENTS AVAILABLE for

PERU

Comparative Notes on the 1979 and the 1993 Constitutions of Peru

Constitution of Peru, 1993

POLITICAL CONSTITUTION OF PERU

29 December 1993

Translation by

PETER B. HELLER

Based on the Official Edition of the Constitution

Published by the Ministry of Justice

Alberto Fujimori Fujimori

Constitutional President of the Republic

Considering that The Democratic Constituent Congress of Peru has approved the Constitution of the Republic and the Peruvian people have ratified it in the referendum of 31 October 1993,

the following is promulgated:

Political Constitution of Peru The President of the Democratic Constituent Congress Considering that The constitutional text approved by the Democratic Constituent Congress was ratified in the referendum of October 31, 1993, the Democratic Constituent Congress has finalized

the following Constitution of Peru:

Table of Contents Title I-Concerning the Person and Society Chapter I-Fundamental Rights of the Person Chapter II-Concerning Social and Economic Rights Chapter III-Concerning Political Rights and Duties Chapter IV-Concerning the Public Function Title II-Concerning the State and the Nation Chapter I-Concerning the State, the Nation, and the Territory Chapter II-Concerning Treaties Title III-Concerning the Economic System Chapter I-General Provisions Chapter III-Concerning the Environment and Natural Resources Chapter III-Concerning Property Chapter IV-Concerning Taxation and Budgeting Chapter V-Concerning Money and Banking Chapter VI-Concerning the Agrarian Regime and Peasant and Native Communities Title IV-Concerning the Structure of the State Chapter I-Legislative Power Chapter II-Concerning the Legislative Function Chapter III-Concerning the Formation and Promulgation of the Laws Chapter IV-Concerning the Executive Power Chapter V-Concerning the Council of Ministers Chapter VI-Concerning Relations with the Legislative Branch Chapter VI-State of Exception Chapter VIII-The Judicial Power Chapter IX-Concerning the National Council of the Magistracy Chapter X-Concerning the Public Ministry Chapter XI-Concerning the Office of the Public Defender Chapter XII-Concerning Security and National Defense Chapter XIII-Concerning the Electoral System Chapter XIV-Concerning Decentralization, the Regions, and the Municipalities Title V-Concerning Constitutional Guarantees Title VI-Concerning the Amendment of the Constitution

POLITICAL CONSTITUTION OF PERU

Preamble The Democratic Constituent Congress, invoking God Almighty, obeying the mandate of the Peruvian people, and recalling the sacrifice of all the generations that have preceded

us in our country, has formulated the following Constitution:

Political Constitution of Peru Title I Concerning the Person and Society Chapter I Fundamental Rights of the Person Article 1 The protection of the human person and the respect of his dignity are the supreme goal of society and of the State.

Article 2

Every person has the right:

1. To life, to his identity, to his moral, spiritual, and physical integrity, and to his unrestricted development and well-being. The person is entitled to every privilege as a matter of right.

2. To equality before the law. No one may be discriminated against on account of origin, race, gender, language, religion, opinion, economic condition or any other condition.

3. To freedom of conscience and religion in individual or collective form. No one may be persecuted on account of his ideas or beliefs. Freedom of opinion is unlimited. All confessions may freely be publicly exercised as long as they do not offend public morals or disturb public order.

4. To freedom of information, opinion, expression and diffusion of ideas whether oral, written, or visual through any communications media without prior authorization or censorship or restraint whatsoever, under protection of the law.

Offenses committed through books, the press, and other communications media are specified in the Criminal Code and may be tried in ordinary courts.

Any action which suspends or forbids any means of expression or impedes it to circulate freely is an offense. The rights of informing and expressing an opinion include those of establishing communications media.

5. To solicit necessary information without explanation of the reason and to obtain it from any public entity within the legal deadline for a fee involved in the mailing.

Information involving intimate personal matters and that expressly excluded by law or for reasons of national security is excluded from the foregoing.

Banking secrecy and of tax returns may be withdrawn upon the injunction of a judge, the Attorney General of the Nation, or a congressional investigation committee, in accordance with the law and as long as they are related to the case being investigated.

6. To the news services, whether computerized or not, public or private, not to disclose information relating to intimate personal or family matters.

7. To honor and good reputation, to privacy in personal or family matters, as well as to a person’s own expressions and visual representations.





Any person affected by inaccurate or damaging allegations in any communications media is entitled that the latter rectify it free of charge, immediately and to a proportionate degree, without prejudice to any liabilities under the law.

8. To freedom of intellectual, artistic, technical, and scientific endeavors as well as to title of ownership to said creations and to their product. The State encourages access to education and assists its development and diffusion.

9. To the inviolability of the home. No one may enter it or carry out investigations or searches without authorization from the person who resides there or without a legal warrant, except in flagrante delito or in the case of a serious anticipated danger of its being committed. Exceptions on account of health or serious risk are regulated by law.

10. To secrecy and the inviolability of communications and private documents.

Communications, telecommunications, or instrumentalities [instrumentos] may be opened, impounded, intercepted, or examined only on the basis of an order by a judge, subject to the guaranties provided by law. The reason underlying such investigation is to be kept secret from others.

Private documents obtained in violation of this provision are not legally valid.

Books, supporting evidence, and accounting and administrative records are subject to inspection or audit by the competent authority in accordance with the law. Measures taken in their respect may not include their removal or impoundment except by judicial order.

11. To decide where to live, to move across the national territory, and to leave or reenter it, except for health reasons or by judicial order or application of the Law on Aliens [ley de extranjería].

12. To assemble peacefully but without arms. Meetings in private places or those open to the public do not require previous notification. Those called in public places or streets require prior notification to the authorities, which may prohibit them only for demonstrated security or public health reasons.

13. To associate [in] and constitute foundations and various forms of nonprofit juridical organizations without prior authorization and in accordance with the law. They may not be dissolved by administrative decree.

14. To contract for legal purposes as long as they do not contravene the laws of public order.

15. To hold employment freely, in accordance with the law.

16. To property and inheritance.

17. To participate individually or collectively in the political, economic, social, and cultural life of the Nation. Citizens have the right to elect, remove, or recall public officials through legislative initiative or referendum in accordance with the law.

18. To keep to themselves their political, philosophic, religious, or any other convictions as well as to keep professional secrets.

19. To their ethnic and cultural identity. The State recognizes and protects the ethnic and cultural diversity of the Nation.

Every Peruvian has the right to use his own language before any official through an interpreter. Foreigners have the same right when called to appear in front of any authority.

20. To draft petitions, individually or collectively, in writing before a competent authority.

The latter is obligated to give the interested party a response, also in writing, within the legal deadline, in accordance with the law.

Members of the Armed Forces and the National Police may exercise their right to petition only as individuals.

21. To their citizenship. No one may be deprived of it. Neither may a person be deprived of the right to obtain or renew one’s passport at home or abroad.

22. To peace, tranquility, the enjoyment of leisure time, and to rest, as well as to enjoy a harmonious, environment adequate for the development of life.

23. To legitimate defense.

24. To personal freedom and security. Consequently, a. No one is obligated to do what the law does not mandate or be prevented from doing what the law does not prohibit.

b. No restriction of personal freedom in any form is allowed, except in cases provided by the law. Slavery, servitude, and traffic in human beings in any form whatsoever are prohibited.

c. There is no debtors’ prison. This provision does not bar a court order from being issued for a person’s failure to pay alimony.

d. No one may be tried or sentenced for an act or an omission which, when committed, had not previously been prohibited by the law in express and unequivocal manner as a punishable offense. Nor may one be sanctioned by penalties not provided by law.

e. Every person is considered innocent as long as one’s responsibility has not been judicially determined.

f. No one may be arrested without a written warrant giving particulars issued by a judge or the police in case of a perpetrator caught in the act.

A detained person must be brought before an appropriate magistrate within 24 hours or upon arrival to destination [en el término de la distancia].

These specifics [plazos] do not apply to cases of terrorism, espionage, or illegal drug trafficking. In such cases, the police authorities may resort to the preventive detention of suspects for a period not exceeding 15 calendar days. They must report to the Public Prosecutor’s Office and a judge, who may assume jurisdiction prior to the expiration of the said deadline [término].

g. No one may be held incommunicado except in cases where it is mandatory for clarifying an offense but only in the manner and for a period provided by law. The authority is obligated by law to report, without delay and in writing, the location where the detained person is being held.

h. No one may be subjected to moral, psychological, or physical violence or be subjected to torture or inhumane or humiliating treatment. Any person may request the immediate medical examination of an injured person or of a person unable to petition the authorities himself. Statements made under physical duress are invalid at law. Whoever employs it assumes responsibility for it.

Article 3

The enumeration of the rights provided in this chapter does not exclude others guaranteed by the Constitution or still others of similar nature or those premised on the dignity of man, on the principles of popular sovereignty or of the democratic State [based] on Law and of the Republican form of Government.

Chapter II Concerning Social and Economic Rights Article 4 The community and the State are especially mindful to protect the child, the adolescent, the mother, and the elderly when they are dependent. The State also protects the family and encourages marriage. It recognizes those as society’s natural and basic institutions.

The form of matrimony and the reasons for separation and dissolution are regulated by law.

Article 5 The stable union of a man and woman, without any impediment to marry, which form a de facto household, gives rise to communal property subject to the society’s regime governing joint earnings, when applicable.

Article 6 The country’s population policy holds as its objective the promotion of responsible parenthood.

The State recognizes the right of families and persons to make a choice. In this respect, the State guarantees adequate educational programs and information and access to secure these so long as they do not threaten life or health.

It is the right and duty of parents to feed, educate, and provide security to their children.

The latter must in turn respect and assist their parents.

All children have equal rights and duties. Any mention of the personal status of the parents and the nature of filiation in civil status registers and in any other identification document is prohibited.

Article 7 Everyone has the right to the protection of one’s health, that of the family circle, and that of the community, and it is everyone’s duty to contribute to their development and protection. The incapacitated person, on account of a physical or mental deficiency, is entitled to the respect of dignity and to a legal system affording protection, care, readjustment, and security.

Article 8 The State opposes and sanctions illegal drug trafficking. Similarly, it regulates the use of toxics [los tóxicos sociales].

Article 9 The State determines national health policy. The Executive Power sets standards and oversees their implementation. It is responsible for drafting and directing it in pluralistic and decentralizing manner to facilitate to everyone fair access to public health services.

Article 10 The State recognizes the universal and progressive right of every person to social security for protection from the contingencies specified by law and for the improvement of the quality of life.

Article 11 The State guarantees free access to public health services and pensions through public, private, or joint institutions. It also oversees their efficient operation.



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