National Constitutional provisions – Chad
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 Chad 1996
EDUCATION
Article 35
Each citizen has the right to education. Public education is secular and free. Private education is recognised and is exercised within conditions defined by law. Basic education is compulsory.
Article 36
The state and the Decentralised Territorial Collectivities establish the conditions and institutions which assure and guarantee the education of children.
Article 33
Each Chadian has the right to culture. The state has the duty to safeguard and promote the national values of civilisation.
EQUALITY
Article 14
The state assures to all equality before the law, without distinction of origin, race, sex, religion, political opinion, or social position. It has the duty to see to the elimination of all forms of discrimination with regard to women and to assure the protection of their rights in all areas of private and public life.
GENDER
Article 13
Chadians of either sex have the same rights and the same duties. They are equal before the law.
DISABILITIES
Article 40
The state strives to provide for the needs of each citizen who, on account of his age or his physical inability, finds himself unable to work, notably by the institution of organs of a social character.
LANGUAGE
Article 9
The official languages are French and Arabic. The law establishes the conditions of promotion and development of the national languages.
RELIGION
Preamble
Affirm by this Constitution, our will to live together in respect of ethnic, religious, regional and cultural diversity; to build a state of law and a united nation founded on public liberties and fundamental human rights, dignity of the human person, and political pluralism, on the African values of solidarity and brotherhood;
PARENTS
Article 38
Parents have the natural right and the duty to raise and educate their children. In this task they are supported by the state and the Decentralised Territorial Collectivities. The children may be separated from their parents or from those who have them in charge, only when these fail in their duty.
HUMAN RIGHTS MECHANISMS
Preamble
Reaffirm our commitment to the principles of human rights as defined by the Charter of the United Nations of 1945, by the Universal Declaration of Human Rights of 1948 and the African Charter on Human and Peoples' Rights of 1981
