«POLITICAL CONSTITUTION OF PERU 29 December 1993 Translation by PETER B. HELLER Based on the Official Edition of the Constitution Published by the ...»
Article 12 Social security funds and reserves are untouchable [intangibles]. Their resources are to be used in the form and subject to the conditions provided by law.
Article 13 The purpose of education is the integral development of the human person. The State recognizes and guarantees the freedom of education. It is the duty of parents to educate their children and their right to select schools and to participate in the educational process.
Article 14 Education promotes the knowledge of training in, and the application of, the humanities, science, technology, the arts, physical education, and sport. It prepares for life and work and encourages solidarity.
It is the duty of the State to promote the country’s scientific and technological development.
Ethical and civic training and the teaching of the Constitution and of human rights are mandatory in the entire civil or military educational process. Religious education is provided in keeping with freedom of conscience.
Education is provided at all levels subject to the constitutional principles and the goals of the educational institution involved.
The communications media must cooperate with the State in education and in moral and cultural development.
Article 15 The teaching faculty in public education are civil servants. The law determines the requirements for the position of school principal or professor as well as their rights and obligations. The State and society insure their constant evaluation, training, professionalization, and development.
The student is entitled to instruction which respects his identity as well as to appropriate psychological and physical treatment.
Any person, natural or juridical, has the right to develop and manage schools and to dispose of the latter’s property, in accordance with the law.
Article 16 Both the educational system and its regulation are decentralized.
The State coordinates educational policy. It formulates the general framework of the curricula [lineamientos generales de los planes de estudios] as well as the minimum requirements of the organization of educational centers. It oversees their implementation and the quality of education.
It is the duty of the State to insure that no one should be prevented from receiving an adequate education on account of his economic circumstances or his mental or physical disabilities.
Education is given priority over the ordinary items [recursos ordinarios] in the Budget of the Republic.
Article 17 Early education, primary and secondary, are mandatory. In public schools, education is free of charge. In State universities, the government guarantees free education to those students who maintain an adequate standard but lack the economic means to defray the cost of education.
In order to insure the greatest choice in the educational offering and to favor whoever is unable to defray their educational expenses, the law determines the method of subsidizing private education in every form, including community and cooperative modalities.
The State encourages the creation of educational centers wherever the citizenry may require them.
The State guarantees the eradication of illiteracy. Similarly, it promotes bilingual and intercultural education, according to the characteristics of each district. It preserves the diverse cultural and linguistic manifestations of the country. It promotes national integration.
Article 18 The goals of university education are professional training, cultural diffusion, intellectual and artistic creativity, and scientific and technological research. The State guarantees academic freedom and rejects intolerance.
Universities are supported by private or public institutions. The law sets the conditions for the authorization of their operations.
A university is a community of faculty, students, and graduates. Also forming part are the trustees, in accordance with the law.
Each university is autonomous in its standards, governance, academic, administrative, and financial affairs. Universities are administered according to their own bylaws in keeping with the Constitution and the laws.
The universities, institutions of higher learning, and other educational centers established according to the relevant legislation are free of all direct and indirect taxes pertaining to assets, operations, and services related to their educational and cultural objectives. As regards import duties, a special regime may be established on specific purchases.
Donations and scholarships for an educational purpose benefit from tax preferences in the form and according to the limits set by law.
The law determines the taxation procedures under which the said institutions operate as well as the requirements and conditions that other cultural centers must meet and which may exceptionally also enjoy the same benefits.
As for private educational institutions that collect revenues which under the law rate as taxable earnings, a profits tax may be levied on them.
Article 20 Professional colleges are autonomous institutions recognized by public law. The law identifies those cases where membership in an association is mandatory.
Article 21 Mineral deposits and archaeological ruins, structures, monuments, sites, bibliographic and archival documents, objets d’art, and artifacts of historic value, specifically adjudged to be cultural assets, and provisionally those presumed as such, are the nation’s cultural patrimony independently of their status as private or public property. They are protected by the State.
The law protects the ownership of said patrimony.
Private participation in conservation, restoration, exhibition, and diffusion of the above are encouraged by law as is their restitution to their country of origin when they were illegally moved outside of the national territory.
Article 22 Work is a duty and a right. It is the basis of social well-being and means of individual fulfillment.
Article 23 Work in its diverse forms is the subject of priority attention by the State. The latter provides special protection to working mothers, minors, and the handicapped.
The State promotes conditions for social and economic progress, especially through its policy encouraging productive employment and occupational training.
No labor relationship may limit the exercise of constitutional rights or ignore or lessen the worker’s dignity.
No one is obligated to work without compensation or without his free consent.
Article 24 The worker is entitled to a fair and adequate remuneration enabling him to provide for himself and his family material and spiritual well-being.
The payment of remuneration and of social benefits to the worker has priority over any other obligation of the employer.
Minimum wages are determined by the State with the participation of organizations representing workers and employers.
Article 25 The ordinary workday is a maximum of eight hours or 48 hours weekly. In case of cumulative or unusual workdays, the average number of hours worked in the relevant period may not exceed the said maximum.
Workers are entitled to weekly and annual paid vacation. Their benefits and compensation are determined by law or by agreement.
In labor relations the following principles are applied:
1. Equality of opportunity without discrimination.
2. Irrevocable nature of the rights recognized by the Constitution and the law.
3. In the case of persistent [insalvable] doubt regarding the meaning of a rule, the interpretation should favor the worker.
Article 27 The law grants to the worker adequate protection against arbitrary dismissal.
Article 28 The State recognizes the rights of unionization, collective bargaining, and strikes. To protect its democratic exercise, the State
1. Guarantees trade union freedom.
2. Encourages collective bargaining and promotes the peaceful settlement of labor disputes. Collective agreements are binding on the contracting parties.
3. Regulates the right to strike so that it may be exercised in keeping with the national interest. The State determines exceptions and limitations to it.
Article 29 The State recognizes the right of workers to participate in the business profits of an enterprise and promotes other forms of participation.
Chapter III Concerning Political Rights and Duties Article 30 Peruvians over 18 years of age are citizens. A person has to register for elections to exercise citizenship rights.
Article 31 Citizens are entitled to participate in public affairs by means of referendum, legislative initiative, removal or recall of public officials, and the demand of accountability. They also have the right to be elected and to elect their representatives freely, in accordance with the conditions and procedures determined by organic law.
It is the right and duty of residents to participate in the municipal government of their district. The law sets the requirements and encourages the direct and indirect means of their participation.
Citizens enjoying their civil capacity are entitled to vote.
Voting is individual, equal, free, secret, and obligatory up to the age of 70. It is optional after that age.
Any act that prohibits or limits the citizen from exercising one’s rights is null and subject to sanctions.
The following may be submitted to a referendum:
1. The total or partial amendment of the Constitution;
2. The approval of regulations with force of law;
3. Municipal ordinances; and
4. Matters involving the process of decentralization.
The suppression or reduction of fundamental rights of the person or regulations involving taxes or budgeting or international agreements in effect may not be submitted to a referendum.
The exercise of citizenship rights is suspended:
1. By a judicial interdiction order.
2. By a sentence involving imprisonment.
3. By a sentence lifting [inhabilitación] political rights.
Article 34 Members of the Armed Forces and National Police on active duty cannot vote or be elected to public office. There are no other disabilities nor may they be created.
Article 35 Citizens can exercise their rights individually or through political organizations such as parties, movements, or alliances in accordance with the law. Such organizations take part in the formation and manifestation of the popular will. Their inclusion in the appropriate register vests them with a juridical identity.
The law establishes regulations directed at insuring the democratic functioning of political parties and disclosure as regards the origin of their funds and free access to the mass media owned by the State in a manner proportional to the most recent general elections results.
Article 36 The State recognizes political asylum. It accepts the status of asylee [asilado] granted by a host government. In case the asylee is expelled, he is not to be returned to the country whose government persecutes him.
Article 37 Extradition may be approved only by the executive branch after prior opinion of the Supreme Court, in accordance with the law and treaties and on the basis of reciprocity.
Extradition is not to be approved if it is determined that it is sought for the purpose of persecuting or punishing a person for reasons of religion, nationality, opinion, or race.
Excluded from extradition are those persecuted for political crimes or for activities connected with them. Neither genocide nor assassination of a public official nor terrorism are considered as such.
Article 38 All citizens are held to honor Peru and to defend its national interests as well as to respect, implement, and defend the Constitution and the code of laws of the Nation.
Chapter IV Concerning the Public Function Article 39 All functionaries and public workers are at the service of the Nation. The President of the Republic is the highest official at the service of the Nation. Hierarchically below him are representatives of the Congress, ministers of State, members of the Constitutional Court and of the Council of the Magistracy, senior judges, the Attorney General of the Nation, and the Public Defender, in the same ranking. Then follow the representatives of decentralized organizations and mayors, in accordance with the law.
The law regulates entry into the civil service as well as the rights, duties, and responsibilities of public servants. Not included in it are those functionaries who hold political positions or those of trust. No functionary or public servant may hold more than one position or remunerated public office, with the exception of teaching faculty, who may have one additional employment.
Not included in the public function are those workers in state enterprises or in joint private-public companies.
Periodic publication in the official gazette of earnings from all sources of senior functionaries and of other public servants as determined by law by virtue of their responsibilities is mandated.
Article 41 Public functionaries and civil servants determined by law or who administer or manage public funds or those in organizations subsidized by the State must make a sworn statement of their assets and income on assuming public office, while holding it, and on terminating it. The publication is made in the official gazette in the form and under the conditions determined by law.
When illegal enrichment of a public official is suspected, the Attorney General of the Nation, on the basis of a denunciation by a third party or automatically, presents charges in the court.
The law establishes the responsibility of the public functionaries and civil servants as well as the duration of their disqualification to be in the public service.
The duration of their disqualification is the same in the case of offenses committed against public property.
Article 42 The law recognizes the rights of unionization and strike by public servants. However, these do not include public officials holding decision-making positions and those who hold positions of trust or executive positions [dirección], or members of the Armed Forces and the National Police.