Fundamental Rights And Duties

Holders

Every right here belongs to every person present, documented or not.

1. 1.The rights guaranteed in this Title belong to every natural person present in the territory or subject to the authority of the Republic, whatever their origin, nationality, status of residence or possession of documents.
2. 2.Residence is the operative status of this Constitution. Every person residing in the territory holds the rights of this Title in full, including the political rights of Article 60.
3. 3.Legal persons hold the rights of this Title only where their nature permits and to the extent that organic law provides. Foreign economic entities are governed by Article 21.
4. 4.Absence of documentation deprives a person of no right and furnishes no ground for withholding provision, care, education, shelter or access to a court.

Equality

Everyone is equal before the law, and discrimination on any comparable ground is prohibited.

1. 1.All persons are equal in dignity and before the law and are entitled to equal protection of the law.
2. 2.Discrimination is prohibited on grounds of origin, ancestry, ethnicity, colour, language, nationality, status of residence, belief, religion, opinion, sex, gender, gender identity, sexual orientation, bodily characteristics, age, disability, state of health, form of family, condition of work or occupation, or any comparable ground.
3. 3.Discrimination comprises unequal treatment of similar cases, uniform treatment of materially different cases, and apparently neutral measures that burden a protected group disproportionately.
4. 4.Measures that correct an established disadvantage are lawful, are reviewed periodically, and last as long as the disadvantage they correct.
5. 5.Where a claimant establishes facts from which discrimination may be presumed, the burden of proving its absence lies upon the respondent.

Effect

These rights apply directly without any statute, and bind employers and services too.

1. 1.The rights of this Title bind all public authority directly and require no implementing statute.
2. 2.They bind cooperatives, communal and regional enterprises, public establishments, planning bodies, associations, landlords of communal housing and providers of essential services in their relations with persons.
3. 3.Courts interpret every norm in conformity with this Title, and where two readings are open, the reading more favourable to the right prevails.
4. 4.Interpretation draws upon international human rights instruments binding on the Republic, which set a floor and no ceiling.

Limitation

A right may be limited only by clear law, for a listed purpose, and no more than necessary.

1. 1.A right of this Title may be limited only by a norm of law that is public, precise and foreseeable.
2. 2.A limitation is lawful only where it pursues the protection of the rights of others, of public health, of public safety, of the ecological budgets of Title II, or of the democratic order defined in Article 12(3), and only where it is suitable to that purpose, necessary because no less restrictive measure suffices, and proportionate in its effect to the weight of the purpose.
3. 3.The essential content of a right is beyond limitation.
4. 4.Public morality furnishes no ground of limitation.
5. 5.The authority imposing a limitation bears the burden of justifying it, and states its reasons at the time it acts.
6. 6.Limitation for a purpose other than the one invoked is void.

Minimum core and progression

Each social right has a minimum core enforceable today, and above it plans must be reasonable.

1. 1.Each social and economic right of Chapter 5 has a minimum core, comprising the level of provision below which a life of dignity becomes impossible.
2. 2.The minimum core is immediately enforceable by any person before any court, is subject to no plea of insufficient resources, and holds priority over every other claim upon the plan.
3. 3.Above the minimum core, a person may require that the measures of the planning bodies, the executive committees, the communes and the regions be reasonable: coherent, adequately resourced, capable of achieving progression within a stated time, attentive to those in greatest need, and open to review.
4. 4.Provision achieved is retained. A measure that reduces an attained level is presumed unconstitutional, and the authority adopting it bears the burden of demonstrating necessity, exhaustion of alternatives, and protection of those in greatest need.
5. 5.Organic law specifies the content of each minimum core in quantities, and the specification is revisable upward.

Derogation

Rights may be suspended only in a declared emergency, and some of them never at all.

1. 1.Derogation from the rights of this Title is permitted only under a state of emergency declared and controlled under Title X, only to the extent strictly required by the situation, and only for its duration.
2. 2.No derogation is permitted from Article 2, Articles 45 to 48, Article 49(3) to (6), Article 52(1), Article 62(2), Article 78, Article 80(1) and (2), Article 81, or from the equality guaranteed in Article 38.
3. 3.A derogation is published with its reasons, is reviewable by the Constitutional Court at the instance of any person, and lapses on the date stated in the declaration.
4. 4.In no case may a derogating measure distinguish between persons on a ground listed in Article 38(2).

Remedies

Anyone whose rights are threatened gets a fast, free remedy and reparation.

1. 1.Every person whose right is threatened or violated has access to a prompt, effective and free remedy before an independent court.
2. 2.Remedies comprise a declaration, an injunction, an order of restoration, an order to perform on a fixed timetable, annulment of the offending act, and reparation.
3. 3.Reparation is owed by the public body, the enterprise or the establishment responsible, in goods, services, labour or restoration of position.
4. 4.Persons who decided upon or executed a violation are personally liable, and the liability of the organisation extinguishes no personal liability.
5. 5.Interim protection is granted where a credible risk of irreparable harm is shown.

Prohibition of abuse

Nothing here may be used to destroy the rights it protects.

In no case is a provision of this Title to be read as conferring a right to engage in an activity or perform an act aimed at the destruction of the rights recognised in it, or at their limitation to a greater extent than this Constitution permits.

Life

Everyone has a right to life, and the death penalty can never return.

1. 1.Every person has the right to life. The death penalty is abolished, and in no case may any norm reintroduce it, including in time of war.
2. 2.Public authority protects life against threats arising from want, contamination, disease, violence and disaster, and this duty is enforceable under Article 41(2) as to the minimum core.
3. 3.Killing by an agent of the Republic is lawful only where strictly unavoidable to protect life against unlawful violence, and every such death is investigated by an independent body whose report is public.

Integrity and autonomy of the person

You decide about your own body, including reproduction, gender care and refusing treatment.

1. 1.Every person has the right to physical and mental integrity.
2. 2.Medical treatment requires free, informed and revocable consent. Emergency intervention upon a person incapable of consent is governed by organic law and by the known will of that person.
3. 3.Every person decides upon their own body, including reproduction, contraception, termination of pregnancy, gender-affirming care, and the refusal of treatment. Provision of these services falls within Article 66.
4. 4.Medical or scientific experimentation without free and informed consent is prohibited.
5. 5.Compulsory sterilisation, non-consensual surgery upon intersex persons, and treatment aimed at altering sexual orientation or gender identity are prohibited.
6. 6.Trade in organs, tissues and gametes is prohibited.
7. 7.The conditions under which a person suffering an incurable and grievous condition may obtain assistance to end their life are fixed by organic law, which secures the voluntary character of the decision and protects against pressure arising from want, isolation or the burden borne by others.

Prohibition of torture

Torture is prohibited, as is sending anyone anywhere they risk it.

1. 1.Torture and cruel, inhuman or degrading treatment or punishment are prohibited.
2. 2.Expulsion, return or extradition of a person to a place where they face a real risk of such treatment, of persecution, of the death penalty, or of enforced disappearance is prohibited, and in no case does an assurance furnished by the receiving authority displace this prohibition.
3. 3.A statement obtained by such treatment is inadmissible in any proceeding, except in a proceeding against its author.
4. 4.Places of detention are open to unannounced inspection by an independent body and by the courts.

Servitude and forced labour

Slavery, trafficking and forced labour are prohibited, including labour demanded in return for provision.

1. 1.Slavery, servitude, trafficking in persons and forced or compulsory labour are prohibited.
2. 2.Labour exacted as a punishment, as a condition of receiving provision, or as a condition of remaining in the territory is forced labour.
3. 3.Service required in an ecological emergency under Article 36 or a state of emergency under Title X is limited in duration, remunerated in provision, allocated equally, and excluded where it endangers life or health.

Liberty and security

Detention needs legal grounds and a judge within forty-eight hours, and the remedy is never suspended.

1. 1.Deprivation of liberty is permitted only in the cases and by the procedure fixed by law.
2. 2.Detention on the ground of status of residence, of poverty, of destitution, or for the purpose of removal from the territory is prohibited.
3. 3.A person deprived of liberty is informed at once, in a language they understand, of the reasons and of their rights, and may notify a person of their choosing.
4. 4.A detained person is brought before a judge within forty-eight hours, and the judge orders release where the detention lacks lawful ground.
5. 5.Every person may at any time petition a court to examine the lawfulness of a detention, and the court decides within seventy-two hours. In no case is this remedy suspended.
6. 6.Secret detention and enforced disappearance are prohibited. A register of detentions is maintained and is accessible to the courts, to counsel and to the family.
7. 7.Unlawful detention gives rise to reparation.

Private life and the home

Home, family life and messages are private, and mass surveillance can never be authorised.

1. 1.Every person has the right to respect for their private and family life, their home and their communications.
2. 2.Entry into a dwelling, search, seizure and interception of communications require prior judicial authorisation founded on individualised suspicion, specifying its object and its duration.
3. 3.Indiscriminate collection, retention or analysis of the communications, movements or associations of the population is prohibited, and in no case may a statute authorise it.
4. 4.Correspondence between a person and their counsel, physician or spiritual adviser is inviolable.

Data and automated decision

Your data is yours, cannot be traded, and no machine may decide anything about you.

1. 1.Personal data are processed on a lawful basis fixed by law, for a stated purpose, to the minimum extent that purpose requires, and for a limited period.
2. 2.Every person may know what data concerning them are held, by whom and to what end, and may obtain rectification and erasure.
3. 3.Consent obtained as a condition of access to an essential service, or by terms whose acceptance is required for access, is void.
4. 4.Trade in personal data is prohibited. Data generated in the operation of public services and planning systems belong to the knowledge commons under Article 10, in aggregated and anonymised form.
5. 5.A decision producing legal effects upon a person is taken by a human being who is identified and accountable. Automated systems may assist, and in no case may they decide.
6. 6.Every person may obtain the reasons for a decision affecting them, including the logic, inputs and weightings of any system that assisted it, and may require review by a person who had no part in the original decision.
7. 7.Systems that score, rank or profile persons for the allocation of provision, of housing, of education or of liberty are prohibited.

Thought, conscience and religion

Belief is free, including having none, and nobody may be forced to declare one.

1. 1.Freedom of thought, conscience, religion and belief, including the freedom to hold none, to change belief and to make it known, is inviolable in its internal dimension.
2. 2.Manifestation of belief in worship, teaching, practice and observance is subject to Article 40 alone.
3. 3.Compulsion to declare a belief, an opinion or an affiliation is prohibited.
4. 4.Conscientious objection to bearing arms is guaranteed, and organic law provides an alternative service of equal duration in care, restoration or civil protection.

Expression and information

You may say what you think, censorship is prohibited, and no opinion earns a prison term.

1. 1.Every person has the right to hold opinions, to express them, and to seek, receive and impart information and ideas by any means, without frontier and without prior authorisation.
2. 2.Censorship is prohibited. Prior restraint is permitted only by judicial order to prevent an imminent and grave harm to life or to the physical integrity of identified persons.
3. 3.Expression is restricted only under Article 40, and only for direct incitement to violence, for dehumanisation of persons by reason of a ground listed in Article 38(2), for defamation of an identified person, for disclosure endangering life, or for the protection of the private life of others.
4. 4.Criticism of public authority, of the plan, of officeholders and of this Constitution is protected in full, and defamation of institutions, of the Republic and of its symbols constitutes no offence.
5. 5.The prohibition of ideological classification under Article 12(4) extends to expression. In no case may public authority register a person by opinion.
6. 6.In no case is deprivation of liberty an available penalty for an offence of expression.

Means of communication

Communication infrastructure is socially owned, carried without discrimination, and never concentrated.

1. 1.The infrastructure of communication, including networks, spectrum, exchanges and the physical layer of the public information systems, is held in social ownership and is operated as a common carrier, without discrimination among senders, recipients or content.
2. 2.Access to the network sufficient for participation in public life is guaranteed under Article 69.
3. 3.Media organisations are held by cooperatives, communal or regional bodies, or associations, are governed by their working members and their public, and publish their sources of resources and their editorial statutes.
4. 4.Concentration of the means of communication is prohibited, and organic law fixes the ceilings that prevent it.
5. 5.Public authority establishes no monopoly of information, and the plan allocates resources to media organisations by a rule that is public, automatic and independent of the content published.
6. 6.Journalistic sources are protected, and in no case may any authority order their disclosure.

Assembly

Peaceful assembly needs no permission, and strikes and occupations are protected.

1. 1.Every person has the right to assemble peacefully in public and in private, without prior authorisation.
2. 2.Notification may be required for an assembly on a public way, and its absence justifies no dispersal.
3. 3.Dispersal of a peaceful assembly is prohibited. Where violence occurs, measures are directed at its authors, and the assembly retains its protection.
4. 4.The use of chemical agents, kinetic projectiles and mass detention against assemblies is prohibited.
5. 5.Agents policing an assembly are individually identifiable at all times.
6. 6.Strike, occupation of a workplace, blockade and the withholding of labour are protected forms of assembly and action, and are subject to Article 40 alone, with continuity of the essential provision of Article 62 secured by minimum services fixed in advance by agreement.

Association and self-organisation

You may form, join and leave any association, and unions are protected inside cooperatives.

1. 1.Every person may form, join and leave associations, unions, cooperatives, federations, parties and communal bodies, and compulsion to belong to any is prohibited.
2. 2.Formation requires registration alone, which is refused by no discretionary decision, and dissolution follows Article 12(3).
3. 3.Workers organise, bargain and act collectively, including within cooperatives and against their own management organs, and reprisal for such activity is void and grounds for reparation.
4. 4.Associations govern themselves, and public authority intervenes in their internal affairs only to protect the rights of their members.

Residence and movement

You may move and settle freely, and collective expulsion is prohibited.

1. 1.Every person lawfully present may move freely within the territory and choose their residence.
2. 2.Residence is established by presence and by the intention to remain, is recorded by declaration, and is refused on no ground listed in Article 38(2).
3. 3.Every person may leave the territory and return to it.
4. 4.Collective expulsion is prohibited. Individual removal requires a reasoned decision, a hearing, legal assistance and suspensive appeal, and is governed by Article 47(2).
5. 5.Assistance and rescue are owed to any person in distress at sea or at a frontier, and delivery of a rescued person to a place governed by Article 47(2) is prohibited.
6. 6.Frontier procedures that place a person beyond the reach of the courts, and the conduct of asylum or removal procedures in the territory of another state, are prohibited.

Citizenship

Citizenship comes automatically after five years and adds no right a resident lacks.

1. 1.Citizenship of the Republic is acquired automatically upon five years of residence, without examination, fee, oath, renunciation of another nationality or discretionary decision. The registrar records it, and the record is declaratory.
2. 2.Citizenship is acquired at birth by a person born in the territory, and by a child of a citizen.
3. 3.Citizenship confers no right beyond those held by every resident under Article 37(2). Its function is the representation of the person before other states and international bodies.
4. 4.Deprivation of citizenship is prohibited. In no case is renunciation permitted where it would leave the person stateless.
5. 5.Public office is open to every resident on the conditions fixed in Titles V, VI and VIII, and no office is reserved by reason of citizenship.

Asylum

Asylum is a right, and irregular entry is never punished.

1. 1.Every person has the right to seek and to enjoy asylum from persecution, war, violence, disaster, ecological collapse or destitution imperilling life.
2. 2.Persecution comprises persecution by reason of any ground listed in Article 38(2), and by reason of ecological, trade union or democratic activity.
3. 3.An applicant holds the rights of this Title in full from arrival, including provision under Chapter 5, access to labour, education and healthcare.
4. 4.Penalisation on account of irregular entry or presence is prohibited.
5. 5.Extradition is refused where the request is founded on a political offence, on trade union or ecological activity, or where Article 47(2) applies.

Political rights

Every resident aged sixteen votes and may stand, including people held in detention.

1. 1.Every resident who has attained the age of sixteen years votes in every election and referendum of the Republic, of their region and of their commune, and stands for election on the same terms.
2. 2.The vote is universal, equal, free, secret and direct. Compulsion, inducement and the purchase of a vote are offences.
3. 3.Registration on the electoral list is automatic upon the recording of residence, and the list is maintained by the Electoral Commission of Title IX.
4. 4.Deprivation of liberty deprives a person of no political right, and voting facilities are provided in every place of detention.
5. 5.Persons under guardianship retain the vote, and in no case does a medical or judicial decision remove it.
6. 6.Every resident may initiate legislation, sign an initiative and petition any organ, on the conditions fixed in Title V.

Petition, information and protection of disclosure

You may petition any body, information is public, and whistleblowers are protected.

1. 1.Every person may address a petition to any public organ, cooperative federation or planning body, and receives a reasoned answer within a fixed period.
2. 2.Information held by public authority, by planning bodies, by cooperatives in respect of their use of common resources, and by licensed foreign entities is public. Withholding requires a reasoned decision founded on a ground fixed by law, reviewable within thirty days, and in no case is commercial confidentiality such a ground.
3. 3.A person who discloses evidence of an offence, of a violation of rights, of ecological harm, of falsification of data or of misuse of the plan is protected against dismissal, exclusion, prosecution, reduction of provision and every other reprisal, and holds a right to reinstatement and reparation.
4. 4.Protection under paragraph 3 attaches irrespective of the channel of disclosure and of the motive of the discloser.

Guarantee of essential provision

Food, water, housing, energy, healthcare, education, care and transport are free and unconditional.

1. 1.Essential provision comprises food, drinking water, sanitation, housing, energy, healthcare, medicines, education, care, clothing, transport and access to communication.
2. 2.Essential provision is furnished free at the point of use to every person, in the quantity and quality fixed as the minimum core under Article 41(5), and is conditioned upon no contribution, conduct, status, document, debt or behaviour.
3. 3.Interruption or reduction of essential provision as a sanction, as a means of enforcement, or in consequence of an allocation shortfall is prohibited, and Article 26(4) secures its priority within the plan.
4. 4.Provision above the minimum core is governed by Article 41(3) and by the plan.
5. 5.Where a residual unit of account is issued under Article 7(5), it is issued equally to every resident, expires at the end of the period, and in no case is it transferable, lendable, pledgeable or accumulable. Its issue in no way affects the free character of essential provision.

Registration of needs

You register what you need, and the planners are bound by what you register.

1. 1.Every person may register their needs, and the register is accessible, assisted where required, available in every language of record, and open to amendment at any time.
2. 2.Registered needs bind the planning bodies as an input under Article 7(4), and a refusal to satisfy a registered essential need is reviewable under Article 43.
3. 3.Registration data are personal data under Article 51 and are published in aggregated form alone.
4. 4.Absence of registration deprives a person of no provision, and the planning bodies estimate the needs of persons who have not registered.

Food and water

Enough safe food and water is guaranteed, and hunger is a breach of the minimum core.

1. 1.Every person has the right to sufficient, safe, nutritious and culturally appropriate food, and to water for drinking, cooking and hygiene.
2. 2.Hunger and undernourishment constitute a violation of the minimum core and engage Article 41(2).
3. 3.Disconnection of a dwelling from water is prohibited.

Housing

Housing is adequate and secure, eviction into homelessness is prohibited, and letting for gain is banned.

1. 1.Every person has the right to adequate, secure, habitable, accessible and affordable housing, of a size and quality fixed as the minimum core, situated within reach of work, care, education and transport.
2. 2.Housing is allocated according to registered need, without discrimination, by a procedure that is public and reviewable.
3. 3.Eviction into homelessness is prohibited. Eviction requires judicial order, a hearing, and the prior offer of alternative housing meeting the minimum core.
4. 4.Homelessness constitutes a violation of the minimum core, and the responsible authority remedies it within the period fixed by organic law.
5. 5.Occupation of a dwelling held vacant beyond the period fixed by organic law is a defence to any proceeding for possession.
6. 6.Letting of a dwelling for gain is prohibited. Personal tenure is secure and is transferable for no consideration. Where a household falls below the size for which the dwelling was allocated, Article 185 governs.

Health

Healthcare is available to everyone, and emergency and essential care is never refused.

1. 1.Every person has the right to the highest attainable standard of physical and mental health, and to healthcare that is available, accessible, acceptable and of adequate quality.
2. 2.Emergency care, primary care, maternal and neonatal care, mental healthcare, palliative care, vaccination and essential medicines constitute the minimum core, and in no case are they refused to any person for any reason.
3. 3.Medicines and medical technique belong to the knowledge commons under Article 10, and their production is planned to meet registered need.
4. 4.Public health measures restricting liberty are governed by Article 40 and by Title X, are limited to the period of necessity, and are subject to judicial review.
5. 5.The determinants of health, including housing, work, nutrition, air, water and the ecological budgets, are integrated into the plan, and the health effect of a planning decision is assessed and published.

Education

Education is free at every level, and institutions govern their own teaching and research.

1. 1.Education is free and available to every person at every level, and compulsory to the age fixed by organic law.
2. 2.Education develops the person, transmits verified knowledge and the methods of testing it, cultivates ecological understanding, the practice of self-government, and the capacities of reading, reasoning and mathematics, and prepares every person for participation in the economic and political life of the Republic.
3. 3.Learning throughout life, retraining, and technical, artistic and higher education are open to every person on the basis of their aspiration and capacity.
4. 4.Institutions of learning and research are self-governing in matters of teaching and inquiry, and the freedom of research and teaching is guaranteed.
5. 5.Establishments operating for gain are prohibited. Communities may found establishments of their own within the common curriculum fixed by organic law, and their conformity with this Title is supervised.
6. 6.Instruction is provided in the languages of the communities of the territory on the conditions fixed by organic law.

Care

Care is a public responsibility, and unpaid care at home counts as work.

1. 1.Care of children, of persons with disabilities, of the sick and of the aged is a public responsibility and is provided free, at a quality and in a quantity fixed as the minimum core.
2. 2.Care performed within households and communities is labour under Article 70, is counted in the plan, and is supported by provision, training, respite and reduction of other contribution.
3. 3.Every person has the right to determine, so far as their condition allows, the manner and place of the care they receive, and institutional confinement without consent requires judicial authorisation and periodic review.
4. 4.Care work is distributed within households and communities by no rule of sex or gender, and the plan supports the equal distribution of it.

Energy, mobility and communication

Energy, transport and network access sufficient for public life are guaranteed.

1. 1.Every person has the right to energy sufficient for heating, cooling, cooking, light, hygiene and communication, and disconnection of a dwelling is prohibited.
2. 2.Public transport sufficient to reach work, care, education, provision and public life is guaranteed and is free at the point of use.
3. 3.Access to the network at a capacity sufficient for participation in public life, in the registration of needs and in the procedures of self-government is guaranteed.

Contribution

Everyone contributes according to capacity, everyone is presumed to, and no service depends on proving it.

1. 1.Every person contributes to the common life according to their capacity, and this duty is recognised as the ground of the abundance the Republic distributes.
2. 2.Contribution comprises labour in an enterprise, a commune or a public establishment; care under Article 68; study and training; ecological restoration and monitoring; service in the organs of self-government, in juries and in bodies drawn by lot; artistic, scientific and cultural work; and any other activity recognised by organic law as sustaining the common life.
3. 3.Every person is presumed to contribute. The presumption operates in all dealings with public authority, and in no case is proof of contribution required of any person as a condition of anything.
4. 4.The duty of contribution gives rise to no sanction, to no deprivation, to no reduction of provision, and to no disability of any kind, and Articles 48 and 62(2) govern.
5. 5.Capacity is determined by the person, and organic law provides support for those whose condition, age or circumstance limits it, without inquiry into their willingness.
6. 6.Every person chooses the form, the place and the duration of their contribution, and the plan adapts to the choices registered.
7. 7.Where the plan cannot secure sufficient labour for a task essential to the minimum core, the planning bodies publish the deficit, and organic law provides for its resolution by open call, by reduction of the contribution required in other tasks, by rotation accepted voluntarily, and by revision of the plan. In no case is compulsion available outside Article 48(3).

Conditions of labour

Work must be safe, workers govern their enterprise, and dismissal never touches provision.

1. 1.Every person contributing labour has the right to safe and healthy conditions, to the tools and training the task requires, to protection against harassment and violence, and to refuse work that endangers life, health or the ecological budgets, without reprisal.
2. 2.Workers govern the enterprise in which they work, on the terms of Title IV, and hold the right to information concerning its resources, its plan, its ecological account and its decisions.
3. 3.Dismissal from an enterprise requires a reasoned decision, a hearing and appeal to an independent body, and in no case does it affect the provision guaranteed under Article 62.
4. 4.Work is allocated by no rule of sex, gender, origin, belief or condition, and equal treatment is owed for work of equal value in every dimension of the conditions of labour.
5. 5.Persons deprived of liberty who perform labour hold the rights of this Article in full.

Working time and rest

The working week is at most twenty-four hours over four days, with rest and leave guaranteed.

1. 1.In no case does weekly working time exceed twenty-four hours, distributed over no more than four days, and organic law may reduce it further.
2. 2.Gains realised under Article 22(3) are applied to the reduction of working time in the proportion fixed by organic law.
3. 3.Every person has the right to daily and weekly rest, to annual leave of a duration fixed by organic law, to leave for care, for study, for parenthood in every form of family, for illness and for bereavement, and to disconnection from work outside working time.
4. 4.Night work, shift work and work necessary at all hours are compensated by reduced hours and additional rest, and are distributed by rotation.

Culture, science and the arts

Culture, science and the arts are free, and creators keep credit but no exclusive economic right.

1. 1.Every person may participate in cultural life, enjoy the arts, and share in scientific advancement and its benefits.
2. 2.Creation, performance and research are free, and public authority establishes no orthodoxy of form, method or subject.
3. 3.Authors, inventors, performers and researchers hold moral rights to attribution and to the integrity of their work. Exclusive economic rights over the use of a work are prohibited under Article 10(2), and the plan supports creators by resources allocated on public and content-independent criteria.
4. 4.The cultural heritage of the communities of the Republic, in its material and immaterial forms, is protected, and communities govern the heritage that belongs to them.

Personal property and inheritance

Personal things are yours and protected, but cannot become a means of employing others.

1. 1.Personal property comprises the dwelling occupied by the person, the goods of personal, household and family use, savings of the residual unit of account within its period of validity, tools of personal craft, and the products of personal labour.
2. 2.Personal property is guaranteed, is unseizable in respect of the goods necessary to a life of dignity, and is expropriated only by law, for a purpose of public or ecological necessity, upon a hearing, and with provision of an equivalent.
3. 3.In no case is personal property converted into a means of production, let for gain, or employed to obtain the labour of another, and Article 6(3) and (4) govern.
4. 4.Personal property passes on death to the persons designated by the deceased or by organic law, within the limits it fixes.
5. 5.In no case is usufruct of productive assets, of land or of the common heritage heritable, and it passes on death or on cessation of work to the collective from which it was granted.

Healthy environment

A healthy environment is part of the minimum core and enforceable in court.

1. 1.Every person has the right to a clean, healthy and ecologically sound environment, comprising breathable air, uncontaminated water and soil, a stable climate, functioning ecosystems and freedom from harmful noise and light.
2. 2.This right forms part of the minimum core and is enforceable under Article 41(2) and Article 27.
3. 3.Every person has the right to be free of a disproportionate share of ecological burdens, and Article 34(5) governs their distribution.
4. 4.Persons displaced by ecological harm within the territory hold the right to housing, provision and restoration of their livelihood.

Ecological participation

You have a right to ecological information and to be heard before decisions are taken.

1. 1.Every person has the right to ecological information under Article 35, to participate in the procedures of Article 25, and to access the courts under Articles 19 and 27.
2. 2.Participation occurs while the decision remains open, and a decision taken after the participation prescribed by law states the objections received and the answer given to each.
3. 3.Persons and communities affected by a proposed installation, extraction or infrastructure are heard, and their agreement is sought by the procedure fixed in Title VII.

Access to justice

Courts are independent, hearings are public, and legal help is free where you need it.

1. 1.Every person has the right to a fair and public hearing within a reasonable time by an independent and impartial court established by law.
2. 2.Access to courts is free of charge in matters concerning the rights of this Title, and legal assistance is provided at public cost where a person requires it.
3. 3.Proceedings are conducted in a language the person understands, with interpretation provided.
4. 4.Judgments state reasons and are published, except for the parts whose publication would violate the private life of a person.
5. 5.Extraordinary tribunals are prohibited. Every person is tried by the ordinary courts established under Title VIII.

Legality

Only a law in force at the time creates an offence, and heavier penalties never apply backwards.

1. 1.An act constitutes an offence only where a law in force at the time of its commission so provided, in terms precise enough to allow a person to know it.
2. 2.In no case is a penalty heavier than the one applicable at the time of the offence imposed, and a subsequent law more favourable applies.
3. 3.Collective punishment is prohibited.
4. 4.No person is tried or punished twice for the same act.

Criminal process

You are innocent until proved guilty, with counsel, silence and appeal guaranteed.

1. 1.A person charged is presumed innocent until proved guilty by a court.
2. 2.Every person charged has the right to be informed promptly of the accusation, to time and facilities for defence, to counsel of their choosing at public cost where required, to examine witnesses, to remain silent without adverse inference, and to appeal to a higher court.
3. 3.Evidence obtained in violation of this Title is inadmissible.
4. 4.Pre-trial detention is exceptional, is limited in duration by organic law, and requires reasons specific to the person and the case.
5. 5.Trials are conducted by professional judges. Residents take part in the administration of justice through the restorative procedures of Article 80(3) and Article 227, and through the Judicial Council under Article 208.

Penalty and restoration

Punishment aims at repair and return, and life without release or indefinite detention is prohibited.

1. 1.Penalties respect the dignity of the person and pursue restoration of the harm, reparation to the injured, and the return of the person to the common life.
2. 2.Life imprisonment without prospect of release, indefinite detention, and solitary confinement beyond the brief period fixed by organic law are prohibited.
3. 3.Restorative procedures involving the injured person, the responsible person and the affected community are available at every stage, and participation in them is voluntary for the injured person.
4. 4.Persons deprived of liberty retain every right of this Title except those whose restriction the deprivation strictly entails, including provision under Article 62, healthcare, education, contact with family, and the vote.
5. 5.Deprivation of liberty is the penalty of last resort, is imposed only where the protection of others requires it, and is reviewed periodically by a court.
6. 6.A person injured by an offence has the right to protection, to participation in the proceedings, to information and to reparation from the responsible person and, where that person cannot furnish it, from the Republic.

Duties of the person

Everyone owes respect for others' rights, honest need registration, and defence of this text.

1. 1.Every person respects the rights of others, the equal dignity of all, and the ecological budgets of Title II.
2. 2.Every person contributes under Article 70, participates in the self-government of the Republic, and serves when drawn by lot for a deliberative body under Article 142, for the Judicial Council under Article 209, or for a restorative panel under Article 227, on the conditions fixed by organic law.
3. 3.Every person registers their needs truthfully under Article 7(4), and furnishes truthfully the information the plan requires of them.
4. 4.Every person defends this Constitution against its abolition by force or by fraud, and obedience is not owed to any order to participate in such an abolition.
5. 5.In no case does failure in a duty of this Article affect the provision guaranteed by Article 62, and it gives rise only to the consequences fixed by organic law in conformity with Article 40.