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National Constitutional provisions – Andorra

 

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 Andorra 14 March 1993 

EDUCATION 

Chapter III - The fundamental rights of the person and public freedoms
Art.20
1. All persons have the right to education, which shall be oriented towards the dignity and full development of the human personality, thus strengthening the respect for freedom and the fundamental rights.
2. Freedom of teaching and of establishing teaching centers shall be recognized. Parents have a right to decide the type of education for their children. They also have the right to moral or religious instruction for their children in accordance with their own convictions. 

CHILD RIGHTS 

Article 13
3 […]. All children are equal before the law, regardless of their parentage.  

EQUALITY 

Article 6
1. All persons are equal before the law. No one may be discriminated against on grounds of birth, race, sex, origin, religion, opinions or any other personal or social condition.
2. Public authorities shall create the conditions such that the equality and the liberty of the individuals may be real and effective. 

CITIZENSHIP 

Article 7
1. The status of Andorran national, as well as its legal effects, is acquired, kept and lost in accordance with the regulations of a Llei Qualificada.
2. The acquisition or retention of a nationality other than Andorran shall entail the loss of the latter, subject to the terms and periods established by law. 

LANGUAGE 

Article 2
1. Catalan is the official language of the State. 

RELIGION 

Article 11
1. The Constitution guarantees the freedom of ideas, religion and cult, and no one is bound to state or disclose his or her ideology, religion or beliefs.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in the interests of public safety, order, health or morals, or for the protection of the fundamental rights and freedoms of others.
3 The Constitution guarantees the Roman Catholic Church free and public exercise of its activities and the preservation of the relations of special co-operation with the State in accordance with the Andorran tradition.
The Constitution recognises the full legal capacity of the bodies of the Roman Catholic Church which have legal status in accordance with their own rules. 

HUMAN RIGHTS MECHANISMS 

Article 5
The Universal Declaration of Human Rights is binding in Andorra. 

Article 39
1. The rights and freedoms recognised in chapters III and IV of this Title bind immediately all public authorities as directly enforceable law. Their contents cannot be limited by law and are protected by the Courts.
2. Aliens legally resident in Andorra can freely exercise the rights and freedoms of chapter II of this Title.
3. The rights of chapter V form the basis of the legislation and the actions of the public authorities, but they may only be invoked within the conditions determined by the laws.