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National Constitutional provisions – Korea (North)

 

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 Democratic People’s Republic of Korea  27 December 1972, amended 2009

EDUCATION

Article 43

The State shall put the principles of socialist education into practice and raise the new generation to be steadfast revolutionaries who will fight for society and the people, to be people of a new communist type who are acknowledgeable, morally sound and physically healthy.

Article 44

The State shall give precedence to public education and the training of cadres for the nation and combine general education with technological education, and education with productive labor.

Article 45

The State shall develop universal compulsory 11-year education which includes a compulsory one-year preschool education at a high level in accordance with the trend of modern science and technology and the practical requirements of socialist construction.

Article 47

The State shall provide education to all pupils and students free of charge and grant allowances to students of universities and colleges.

Article 49

The State shall maintain all children of preschool age in crèches and kindergartens at state and public expense.

Article 73

Citizens have the right to education. This right is ensured by an advanced educational system and by the educational measures enacted by the State for the benefit of the people.

EQUALITY

Article 65

Citizens enjoy equal rights in all spheres of State and public activities

CITIZENSHIP

Article .62

The terms for becoming a citizen of the Democratic People’s Republic of Korea are defined by the Law on Nationality.

A citizen is under the protection of the DPRK regardless of the domicile

GENDER

Article 77

Women are accorded an equal social status and rights with men.

The State shall afford special protection to mothers and children by providing maternity leave, reduced working hours for mothers with many children, a wide network of maternity hospitals, creches and kindergartens, and other measures.

The State shall provide all conditions for women to play a full role in society

DISABILITIES

Article 72

Citizens are entitled to free medical care, and all persons who are no longer able to work because of old age, illness or a physical disability, the old and children who have no means of support are all entitled to material assistance. This right is ensured by free medical care, an expanding network of hospitals, sanatoria and other medical institutions, State social insurance and other social security systems.

LANGUAGE

Article 54

The State shall safeguard our language from all attempts to obliterate it and shall develop it to meet present-day needs.

RELIGION

Article 68

Citizens have freedom of religious beliefs. This right is granted by approving the construction of religious buildings and the holding of religious ceremonies.

No one may use religion as a pretext for drawing in foreign forces or for harming the State and social order.

HUMAN RIGHTS MECHANISMS

Article 63

In the DPRK the rights and duties of citizens are based on the collectivist principle, “One for all and all for one.”