National Constitutional provisions – Cape Verde

The Constitution of Cape Verde 25 September 1992, amended 1999 

EDUCATION 

Art.7

The following are fundamental duties of the State:

(h) To encourage education, culture, scientific research, the spread and utilization of new technologies, and the diffusion of Cape Verdian culture in the world.

Art.48

(4) Freedom of religious instruction shall be guaranteed. 

(1) Everyone shall have the freedom to learn, to educate, and to teach.

(2) Freedom of learning, education, and teaching shall include the following rights:

(a) to frequent educational establishments and to teach without discrimination, as provided by law,

(b) to choose subjects and courses,

(c) to create schools and educational establishments.

(3) Families have the fundamental right to educate their children according to the ethical and social principles resulting from their philosophical, religious, ideological, aesthetic, political, or other convictions.

(4) The State may not program education and culture to follow any philosophical, aesthetic, political, ideological, or religious directives.

(5) Public education shall not be religious.

(6) The State does not possess the exclusive right to teaching and education, recognizing that communities, social groups, and individuals are free to create schools and educational establishments, as provided by law.

Art.71

(3) The State and society shall support the creation of organizations for youth for cultural, artistic, recreational, sports, and educational pursuits.

Art.73

(1) Everyone shall have the right to education.

(2) The State shall assure universal primary education, free and compulsory, the duration of which shall be established by law.

(3) All education shall be supported by state taxation.

Art.74

(1) The State shall promote an educational policy which aims at the progressive elimination of illiteracy; at permanent education; creativity; integration of schools into the community; and the civic training of students.

(2) The State shall guarantee to poor students access to the various levels of education and shall promote a policy of granting scholarships and financial aid based on the capacity and personal merit of the student.

Art.75

(1) The State shall create a system of public schools able to meet the needs of the population.

(2) The State shall recognize private and cooperative education and shall guarantee private entities and institutions and cooperatives the rights to create schools of different levels, as provided by law.

 EQUALITY

 Article  1

2. The Republic of Cape Verde shall recognize the equality of all its citizens

before the law, without distinction as to social origin or economic status, race, sex, religion, political or ideological convictions and social status and shall ensure the full exercise of the fundamental freedoms by all citizens.

Article 22

Every citizen shall have equal social dignity and be equal before the law. No one shall have privilege, benefit or be injured, deprived of any right or exempted from any duty, on

account of race, sex, ascendancy, language, origin, religion, social and economic conditions, or political or ideological convictions.

 GENDER

 Article 59

5. Men and women alike shall get equal pay for equal work.

6. The law shall establish special protection for the minor's working conditions, for the disabled persons and women during their pregnancy, as well as after the delivery and shall guarantee to women the working conditions that will allow them exercise their family and maternal function.

 Article 85

2. The State shall also have the duty to undertake the elimination of the conditions which are conducive to discrimination against women and to ensure the protection of their rights, as well as the rights of the children.

 DISABILITIES

 Article 67

1. Everyone shall have the right to social security, in conformity with the national development, for his protection in the unemployment, illness, disability, old age, or as an orphan and in all situations of lack or diminution of the means of subsistence or of the capacity to work.

2. The State shall ensure the gradual creation of the conditions that are indispensable to the exercise of these rights, namely through the adoption of policies towards the setting up of a decentralized national system of social security and a national network of medical and hospital services.

Article 72

1. The disabled and the elderly shall have the right to special protection from their family, the society and the State, which should guarantee to them priority in the public and

private services attendance, special treatment and care, as well as the conditions necessary to avoid their marginalization.

2. The State, in cooperation with the private entities and the disabled or the elderly associations, shall promote a national policy aimed at, gradually:

a) guaranteeing the prevention, treatment, rehabilitation and integration of the disabled;

b) guaranteeing to the elderly and the disabled the economic, social and cultural conditions which should allow them to participate in the social life;

c) sensitizing the community for the problems of the disabled and the elderly, as well as for the need to create the conditions aimed at avoiding their isolation and social

marginalization.

3. The State shall foment and support the special education and the creation of special schools for technical and professional education of the disabled.

4. The State shall foment and support the creation of associations of the disabled and the elderly.

YOUTH

Article  71

1.Every young person shall have the right to special protection from his family, the society and the State which should allow him to develop his personality, his physical and intellectual capacity and integrate himself fully into the social, cultural, political and economic life.

2. The family, the society and the State shall promote the conditions for the free participation of young people in the political life and in the economic and social development and for the realization of their social, cultural, political and economic rights.

3. The State and the society shall stimulate and support the creation of youth organizations aimed at pursuing cultural artistic, recreational, sportive and educational goals.

4. The State, in cooperation with the associations representing parents and education guardians, as well as the private institutions and the youth organizations, shall adopt a national youth policy to promote and foment the professional education of young people, the access to their first employment and the free intellectual and physical development of youth.

CHILDREN

1. Every child shall have the right to special protection from their family, society and the State, which shall guarantee to them the necessary conditions for the integral development of their physical and intellectual capacities, as well as special care in case of illness, abandonment or lack of affection.

2. The family, society and State shall guarantee the protection of the child against any form of discrimination or oppression, as well as against the abusive exercise of the authority in the family, in public or private institutions to whose guardianship he has been entrusted

and also against the exploitation of child labor.

3. Children under compulsory school age shall be prohibited from working.

 RELIGION

 Article  27

1. The right to freedom shall be inviolable.

2. Freedom of thought, of expression, of association, of religion, of cult, of

intellectual, artistic and cultural creation, of demonstration and the remaining freedoms established in the Constitution, by law and in general or conventional international law, received in the internal legal order, shall be guaranteed.

3. No one shall be obliged to declare his ideology, religion or cult, political or trade union affiliation.

Article 48

1. The freedom of conscience, religion and cult shall be inviolable and everyone shall have the right, individually and collectively, to follow a religion or not, to have a religious

conviction of his own choice, to participate in the act of cult and freely express his faith and to disseminate his doctrine or conviction, provided that he does not cause harm to the right of others or to the common good.

2. No one shall be discriminated against, persecuted, injured, deprived from his rights nor have any benefit or be exempted from his duties on account of his religious faith, conviction or practice.

3. The churches and other religious communities shall be separated from the State and shall be independent and free in their organization or in the exercise of their own active y, being them considered partners in the promotion of social and spiritual development of the Caperverdean people.

4. The freedom of religious teaching shall be guaranteed.

5. The freedom of religious assistance in the hospital, assistance and prison establishments, as well as in the Armed Forces shall be guaranteed in accordance with the law.

6. The right to use the mass media shall be recognized to churches in accordance with the law for the pursuit of their activities and goals.

7. The protection of the cult places, insignias and religious rites shall be

guaranteed and their imitation or ridicule shall be prohibited.

8. The right to conscientious objection shall be guaranteed in accordance

with the law. 

PARENTS 

Article  86

1. Fathers and mothers shall assist their children born inside and outside the wedlock, namely with respect to their feeding, guardianship and education.

2. Fathers and mothers shall have the right to protection by society and the State in the fulfillment of their irreplaceable role in relation to their children.

3. Fatherhood and motherhood shall be eminent social values.

 HUMAN RIGHTS MECHANISMS

 Article 1

1. Cape Verde shall be a sovereign unitary and democratic Republic which

shall guarantee the respect for the dignity of the human person and shall recognize the inviolability and inalienability of Human Rights as the foundation of the whole human community, peace and justice.

Article 10

1. The State of Cape Verde shall be guided in international relations by the principles of national independence, the respect for International Law and Human Rights, the equality amongst States, the non-intervention in the internal affairs of other States, the reciprocity of advantages, the cooperation with all other peoples and peaceful coexistence.

2. The State of Cape Verde shall uphold the rights of peoples to selfdetermination and independence and support the struggle of peoples against colonialism or any other form of domination or political or military oppression.

3. The State of Cape Verde shall advocate the abolition of all forms of domination, oppression and aggression, disarmament and the peaceful solution of conflicts, as well as the creation of an international order that is just and capable of securing peace and friendship amongst peoples.

4. The State of Cape Verde shall refuse the installation of military bases in its territory.

5. The State of Cape Verde shall render to the international organizations, namely the United Nations Organization and the Organization of African Unity, every necessary cooperation for peaceful solution of conflicts and for securing international peace and justice, as well as the respect for Human Rights and for the fundamental freedoms and shall support all efforts of the International Community aimed at guaranteeing the respect for the principles enshrined in the United Nations Charter.

6. The State of Cape Verde shall maintain special ties of friendship and cooperation with the countries of Portuguese official language and with the receiving countries of Capeverdean migrant workers.

7. The State of Cape Verde shall be engaged in the effort the African identity, unity and integration and in the strengthening of acts of cooperation for development, democracy,

progress and well-being of peoples, for the respect of Human Rights, peace and justice.