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National Constitutional provisions – Eritrea

 

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 Eritrea 23 May 1997

 

EDUCATION

 

Art.21

(1) Every citizen shall have the right of equal access to publicly funded social services. The State shall endeavor, within the limit of its resources, to make available to all citizens health, education, cultural and other social services

 

EQUALITY

 

Article  14

(1) All persons are equal before the law.
(2) No person may be discriminated against on account of race, ethnic origin, language, colour, sex, religion, disability, political belief or opinion, or social or economic status or any other factors.
(3) The National Assembly shall, pursuant to the provisions of this Article, enact laws that can assist in eliminating inequalities existing in the Eritrean society.

 

CITIZENSHIP

Article 3

(1) Any person born of an Eritrean father or mother is an Eritrean by birth.
(2) Any foreign citizen may acquire Eritrean citizenship pursuant to law.
(3) The details concerning citizenship shall be regulated by law.

GENDER

 

Article  5

Without consideration to the gender wording of any provision in this Constitution, all of its articles shall apply equally to both genders.

 

LANGUAGE

 

Article  4

(3) The equality of all Eritrean languages is guaranteed.

 

RELIGION

 

Article  19

(1) Every person shall have the right to freedom of thought, conscience and belief.
(2) Every person shall have the freedom of speech and expression, which include freedom of the press and other media.
(3) Every citizen shall have the right of access to information.
(4) Every person shall have the freedom to practice any religion and to manifest such practice.
(5) All persons shall have the right to assemble and to demonstrate together with others peaceably.
(6) Every citizen shall have the right to form organisations for political, social, economic and cultural ends; and to practice any profession, or engage in any occupation or trade.
(7) Every citizen shall have the right to move freely throughout Eritrea or reside and settle in any part thereof.
(8) Every citizen shall have the right to leave and return to Eritrea and to be provided with passport or any other travel documents

 

PARENTS

 

Article  22

(1) The family is the natural and fundamental unit of society and is entitled to the protection and special care of the State and society.
(2) Men and women of full legal age shall have the right, upon their consent, to marry and to found a family freely, without any discrimination and they shall have equal rights and duties as to all family affairs.
(3) Parents have the right and duty to bring up their children with proper care and affection; and, in turn, children have the right and the duty to respect their parents and to sustain them in their old age.

 

HUMAN RIGHTS MECHANISMS

 

Article  26

(1) The fundamental rights and freedoms guaranteed under this Constitution may be limited only in so far as is necessary in a just and democratic society in the interests of national security, public safety or the economic well-being of the country, health or morals, for the prevention of public disorder or crime or for the protection of the rights and freedoms of others.
(2) Any law providing for the limitation of the fundamental rights and freedoms guaranteed in this Constitution must:
a) be consistent with the principles of a just and democratic society; b) be of general application and not negate the essential content of the right or freedom in question; c) specify the ascertainable extent of such limitation and identify the Article or Articles hereof on which authority to enact such limitation is claimed to rest.
(3) Notwithstanding the provisions of Sub-Article 1 of this Article and other Articles of this Constitution to the contrary, the fundamental rights and freedoms guaranteed under Articles 14 (1) and (2), 17 (2), 19 (4) of this Constitution shall not be limited.

 

Article 28

(1) Save in so far as it may be authorised to do so by this Constitution, the National Assembly or any subordinate legislative authority shall not make any law, and the Executive and the agencies of government shall not take any action which abolishes or abridges the fundamental rights and freedoms conferred by this Constitution. Any law or action in violation thereof shall be null and void.
(2) Aggrieved persons who claim that a fundamental right or freedom guaranteed by this Constitution has been denied or violated shall be entitled to approach a competent court to enforce or protect such a right or freedom. Where the court ascertains that such fundamental right or freedom has been denied or violated, the court shall have the power to make all such orders as shall be necessary to secure such applicants the enjoyment of such fundamental right or freedom, and where such applicants suffer damage, to include an award of monetary compensation