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National Constitutional provisions – Algeria

 

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 <?xml:namespace prefix = st1 />Algeria November 28, 1996<?xml:namespace prefix = o /> 

EDUCATION 

Chapter IV - Concerning the rights and liberties
Art.53
(1) The right for education is guaranteed. Education is free within the conditions defined by the law.
(2) Fundamental education is compulsory.
(3) The State organizes the educational system.
(4) The State ensures the equal access to education and professional training.

 CHILD RIGHTS

 Article 59

The living conditions of the citizens under the age of working or those unable or can never be able to work are guaranteed.

EQUALITY

Article 29 
All citizens are equal before the law. No discrimination shall prevail because of bind, race, sex, opinion or any other personal or social condition or circumstance. 

GENDER 

Article 31 
The aim of the institutions is to ensure equality of rights and duties of all citizens, men and women, by removing the obstacles which hinder the progress of human beings and impede the effective participation of all in the political, economic, social and cultural life. 

CITIZENSHIP 

Article 30 
(1) The Algerian nationality is defined by the law.
(2) Conditions for acquiring, keeping, losing or forfeiture of the Algerian nationality are defined by the law. 

LANGUAGE 

Article 3 

Arabic is the national and official language. 

RELIGION 

Article 2 

Islam is the religion of the State. 

Article 36 
Freedom of creed and opinion is inviolable. 

PARENTS 

Article 65 
The law sanctions the duty of parents in the education and protection of their children as well as the duty of the children in helping and assisting their parents. 

HUMAN RIGHTS MECHANISMS 

Article 32 
The fundamental human and citizen's rights and liberties are guaranteed. They are a common heritage of all Algerians, men and women, whose duty is to transmit it from generation to another in order to preserve it and keep it inviolable. 
Article 33 
Individual or associative defence of the fundamental human rights and individual and collective liberties is guaranteed.