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National Constitutional provisions – Angola

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

A new constitution has been written in 2010, but it awaits ratification by Constitutional Court and promulgation by President.  An update will appear below once this occurs. In the meantime, the old constitution of Angola still stands, from 25 August 1992 

EDUCATION 

Part II - Fundamental rights and duties (…)
Art.29
(…) (3) The family, with special collaboration by the State, shall promote and ensure the all-round education of children and young people.  (…)

Art. 31
The State, with the collaboration of the family and society, shall promote the harmonious development of the personality of young people and create conditions for fulfilment of the economic, social and cultural rights of the youth, particularly in respect of education, vocational training, culture, access to a first job, labour, social security, physical education, sport and use of leisure time. (…)

Art. 49
(1) The State shall promote access to education, culture and sports for all citizens, guaranteeing participation by various private agents in the provision thereof, in accordance with the law. 

CHILD RIGHTS
Article 30 
(1) Children shall be given absolute priority and shall therefore enjoy special protection from the family, the State and society with a view to their all-round development.
(2) The State shall promote the harmonious development of the personality of children and young people and create conditions for their integration and active participation in the life of society. 

EQUALITY 

Article 18 
(1) All citizens shall be equal under the law and shall enjoy the same rights and be subject to the same duties, without distinction as to color, race, ethnic group, sex, place of birth, religion, ideology, level of education or economic or social status.
(2) All acts aimed at jeopardizing social harmony or creating discrimination or privileges based on those factors shall be severely punishable by law. 

GENDER 

Article 29 

(2) Men and women shall be equal within the family, enjoying the same rights and having the same duties. 

DISABILITIES 

Article 48 
Disabled combatants of the national liberation struggle, the minor children of citizens who died in the war and those physically or mentally handicapped as a result of war shall have special protection, to be established by law. 

CITIZENSHIP 

Article 19 
(1) Angolan nationality may be by origin or acquired.
(2) The requirements for the attribution, acquisition, loss or re-acquisition of Angolan nationality shall be determined by law. 

RELIGION 

Article 8 
(1) The Republic of Angola shall be a secular State, and there shall be separation between the State and churches.
(2) Religions shall be respected and the State shall protect churches and places and objects of worship, provided they abide by the laws of the State.

Article 45 
Freedom of conscience and belief shall be inviolable. The Angolan State shall recognize freedom of worship and guarantee its exercise, provided it does not conflict with public order and the national interest. 

PARENTS 

Article 29 

 (3) The family, with special collaboration by the State, shall promote and ensure the all-round education of children and young people. 
Article 31 
The State, with the collaboration of the family and society, shall promote the harmonious development of the personality of young people and create conditions for fulfilment of the economic, social and cultural rights of the youth, particularly in respect of education, vocational training, culture, access to a first job, labour, social security, physical education, sport and use of leisure time. 

HUMAN RIGHTS MECHANISMS

Article 21 
(1) The fundamental rights provided for in the present Law shall not exclude others stemming from the laws and applicable rules of international law.
(2) Constitutional and legal norms related to fundamental rights shall be interpreted and incorporated in keeping with The Universal Declaration of the Rights of Man, the African Charter on the Rights of Man and Peoples and other international instruments to which Angola has adhered.
(3) In the assessment of disputes by Angolan courts, those international instruments shall apply even where not invoked by the parties