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National Constitutional provisions – Cambodia

 

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.

The Constitution of Cambodia 1993 through to 1999. 

EDUCATION 

Article 65
The State shall protect and upgrade citizens' rights to quality education at all levels and shall take necessary steps for quality education to reach all citizens.
The State shall respect physical education and sports for the welfare of all Khmer citizens.
Article 66
The state shall establish a comprehensive and standardized educational system throughout the country that shall guarantee the principles of educational freedom and quality to ensure that all citizens have equal opportunity to earn a living.
Article 67
The State shall adopt an educational program according to the principle of modern pedagogy including technology and foreign languages.
The State shall control public and private schools and classrooms at all levels.
Article 68
The State shall provide free primary and secondary education to all citizens in public schools.
Citizens shall receive education for at least 9 years.
The State shall disseminate and develop the Pali schools and the Buddhist Institute. 

CHILD RIGHTS 

Article 48
The State shall protect the rights of children as stipulated in the Convention on Children, in particular, the right to life, education, protection during wartime, and from economic or sexual exploitation.
The State shall protect children from acts that are injurious to their educational opportunities, health and welfare. 

CITIZENSHIP 

Article 33
Khmer citizens shall not be deprived of their nationality, exiled or arrested and deported to any foreign country unless there is a mutual agreement on extradition.
Khmer citizens residing abroad enjoy the protection of the State.
The Khmer nationality shall be determined by a law.

 GENDER

 Article 35
Khmer citizens of either sex shall have the right to participate actively in the political, economic, social and cultural life of the nation.
Any suggestions from the people shall be given full consideration by the grant of the State.
Article 36
Khmer citizens of either sex shall enjoy the right to choose any employment according their ability and to the needs of the society.
Khmer citizens of either sex shall receive equal pay for equal work.
Khmer citizens of either sex shall have the right to form and to be member of trade unions.
The organization and conduct of trade unions shall be determined by law.

Article 45
All forms of discrimination against women shall be abolished.
The exploitation of women in employment shall be prohibited.
Men and women are equal in all fields especially with respect to marriage and family matters.
Marriage shall be conducted according to conditions determined by law based on the principle of mutual consent between one husband and one wife.

Article 46
The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women shall be prohibited.
A woman shall not lose her job because of pregnancy. Woman shall have the right to take maternity leave with full pay and with no loss of seniority or other social benefits.
The state and society shall provide opportunities to women, especially to those living in rural areas without adequate social support, so they can get employment, medical care, and send their children to school, and to have decent living conditions.

Article 73
The State shall give full consideration to children and mothers. The State shall establish nurseries, and help support women and children who have inadequate support.

DISABILITIES

Article 74
The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation.

LANGUAGE

 Article 5
The official language and script is Khmer.

RELIGION

Article 43
Khmer citizens of either sex shall have the right to freedom of belief.
Freedom of religious belief and worship shall be guaranteed by the State on the condition that such freedom does not affect other religious beliefs or violate public order and security.
Buddhism shall be the religion of the State.

 PARENTS

 Article 47
Parents shall have the duty to take care of and educate their children to become good citizens.
Children shall have the duty to take good care of their elderly mother and father according to Khmer traditions.

HUMAN RIGHTS MECHANISMS

Article 26 New (As amended March 1999):

The King shall sign and ratify international treaties and conventions after a vote of approval by the National Assembly and the Senate.

Article 31
The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human rights, the covenants and conventions related to human rights, women's and children's rights.
Every Khmer citizen shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, color, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status. The exercise of personal rights and freedom by any individual shall not adversely affect the rights and freedom of others. The exercise of such rights and freedom shall be in accordance with the law.