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Human rights

Constitutional Rights

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Universal Declaration of Human Rights

December 10, 1948

Preamble

Considering that freedom, justice and peace in the world are based on the recognition of the intrinsic dignity and the equal and inalienable rights of all members of the human family;

Considering that ignorance and disregard for human rights have led to outrageous acts of barbarism for the conscience of humanity, and that the advent of a world in which human beings, liberated, has been proclaimed as the highest aspiration of mankind. from fear and misery, enjoy freedom of speech and freedom of belief; Considering it is essential that human rights be protected by a regime of law, so that man is not compelled to the supreme recourse of rebellion against tyranny and oppression;

 

 

Considering also essential to promote the development of friendly relations between nations;

Considering that the peoples of the United Nations have reaffirmed in the Charter their faith in the fundamental rights of man, in the dignity and worth of the human person and in the equal rights of men and women, and have declared themselves determined to promote social progress and raising the standard of living within a broader concept of freedom;

Considering that the Member States have undertaken to ensure, in cooperation with the United Nations, universal and effective respect for the fundamental rights and freedoms of man, and

Considering that a common conception of these rights and freedoms is of the utmost importance for the full fulfillment of this commitment;

THE GENERAL ASSEMBLY proclaims this UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common ideal for which all peoples and nations should strive, so that both individuals and institutions, constantly drawing inspiration from it, promote, through teaching and education, respect for these rights and freedoms, and ensure, through progressive national and international measures, their universal and effective recognition and application, both among the peoples of the Member States and among those of the territories placed under their jurisdiction.

 

 

Article 1

All human beings are born free and equal in dignity and rights and, endowed as they are with reason and conscience, must behave fraternally with one another.

Article 2

Everyone has all the rights and freedoms proclaimed in this Declaration, without any distinction of race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth or any other condition.

In addition, no distinction will be made based on the political, legal or international condition of the country or territory on whose jurisdiction a person depends, whether it is an independent country, or a territory under fiduciary administration, not autonomous or subject to any another limitation of sovereignty.

Article 3

Every individual has the right to life, liberty and security of his person.

Article 4

No one will be subjected to slavery or servitude, slavery and the slave trade are prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Every human being has the right, everywhere, to the recognition of his legal personality.

Article 7

All are equal before the law and are entitled, without distinction, to equal protection of the law. Everyone is entitled to equal protection against any discrimination that violates this Declaration and against any provocation to such discrimination.

Article 8

Every person has the right to an effective remedy before the competent national courts, which protects him against acts that violate his fundamental rights recognized by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Every person has the right, under conditions of full equality, to be heard publicly and fairly by an independent and impartial court, for the determination of his rights and obligations or for the examination of any accusation against him in criminal matters.

Article 11

1. Every person accused of a crime has the right to be presumed innocent as long as his guilt is not proven, in accordance with the law and in a public trial in which all the necessary guarantees for his defense have been assured.

2. No one shall be convicted of acts or omissions that at the time of their commission were not criminal according to national or international law. Nor shall a more serious penalty be imposed than that applicable at the time of the commission of the crime.

Article 12

No one shall be the object of arbitrary interference with his private life, his family, his home or his correspondence, or of attacks on his honor or reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

1. Everyone has the right to move freely and to choose his residence in the territory of a State.

2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

1. In the event of persecution, everyone has the right to seek asylum, and to enjoy it, in any country.

2. This right may not be invoked against a legal action really originated by common crimes or by acts contrary to the purposes and principles of the United Nations.

Article 15

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality or of the right to change his nationality.

Article 16

1. Men and women, from the age of marriage, have the right, without any restriction on the grounds of race, nationality or religion, to marry and found a family, and shall enjoy equal rights regarding marriage, during marriage and in the event of dissolution of the marriage.

2. Only with the free and full consent of the future spouses may a marriage be contracted.

3. The family is the natural and fundamental element of society and has the right to the protection of society and the State.

Article 17

1. Everyone has the right to property, individually and collectively.

2. No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; This right includes the freedom to change your religion or belief, as well as the freedom to manifest your religion or belief, individually and collectively, both in public and in private, through teaching, practice, worship and observance.

Article 19

Every individual has the right to freedom of opinion and expression; This right includes the right not to be disturbed because of their opinions, to investigate and receive information and opinions, and to disseminate them, without limitation of borders, by any means of expression.

Article 20

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one may be forced to belong to an association.

Article 21

1. Everyone has the right to participate in the government of his country, directly or through freely chosen representatives.

2. Everyone has the right of access, under conditions of equality, to public service in his country.

3. The will of the people is the basis of the authority of public power; this will will be expressed through authentic elections that will be held periodically, by universal and equal suffrage and by secret ballot or other equivalent procedure that guarantees freedom of vote.

Article 22

Every person, as a member of society, has the right to social security, and to obtain, through national efforts and international cooperation, taking into account the organization and resources of each State, the satisfaction of economic, social and cultural rights. , indispensable to their dignity and to the free development of their personality.

Article 23

1. Everyone has the right to work, to free choice of work, to just and favorable conditions of work and to protection against unemployment.

2. Everyone has the right, without any discrimination, to equal pay for equal work.

3. Every person who works has the right to fair and satisfactory remuneration, which ensures him, as well as his family, an existence in accordance with human dignity and which will be supplemented, if necessary, by any other means of social protection.

4. Everyone has the right to found trade unions and to organize for the defense of their interests.

Article 24

Everyone has the right to rest, to enjoy free time, to a reasonable limitation of the duration of work and to periodic paid vacations.

Article 25

1. Everyone has the right to an adequate standard of living that assures him, as well as his family, health and well-being, and especially food, clothing, housing, medical assistance and the necessary social services; You are also entitled to insurance in the event of unemployment, illness, disability, widowhood, old age or other cases of loss of your means of subsistence due to circumstances independent of your will.

2. Motherhood and childhood have the right to special care and assistance. All children, born in wedlock or out of wedlock, have the right to equal social protection.

Article 26

1. Everyone has the right to education. Education should be free, at least with regard to elementary and fundamental instruction. Elementary instruction will be mandatory. Technical and professional instruction must be generalized; access to higher education will be the same for all, depending on the respective merits.

2. Education shall aim at the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms; it will promote understanding, tolerance and friendship among all nations and all ethnic or religious groups, and will promote the development of United Nations peacekeeping activities.

3. Parents will have a preferential right to choose the type of education to be given to their children.

Article 27

1. Everyone has the right to freely take part in the cultural life of the community, to enjoy the arts and to participate in scientific progress and in the benefits that result from it.

2. Every person has the right to the protection of the moral and material interests that correspond to him by reason of the scientific, literary or artistic productions of which he is the author.

Article 28

Everyone has the right to establish a social and international order in which the rights and freedoms proclaimed in this Declaration are fully effective.

Article 29

1. Every person has duties towards the community, since only in it can he freely and fully develop his personality. ┬╗> 2. In the exercise of their rights and in the enjoyment of their freedoms, every person will only be subject to the limitations established by law with the sole purpose of ensuring the recognition and respect of the rights and freedoms of others, and of satisfying the just demands of morals, public order and the general welfare in a democratic society.

3. These rights and freedoms may not, in any case, be exercised in opposition to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted in the sense that it confers any right to the State, to a group or to a person, to undertake and develop activities or carry out acts aimed at the suppression of any of the rights and freedoms proclaimed in this Declaration.

Law 133 Article 8 of 1994

For the real and effective application of these rights, the authorities will adopt the necessary measures that guarantee the religious assistance offered by the Churches and religious confessions to their members, when they are in public, educational, military, hospital, welfare, penitentiary and others under their dependence.

This care may be offered through Chaplains or similar Institutions, organized with full autonomy by the respective Church or religious confession.

Political Constitution of Colombia

Titus II

Of human rights, guarantees and duties

 

 

The people of Colombia, in exercise of their sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God, and in order to strengthen the unity of the nation and ensure its members life, coexistence, work, justice, equality, knowledge, freedom and peace, within a legal, democratic and participatory framework that guarantees a just political, economic and social order, and is committed to promoting the integration of the Latin American community, decrees , sanctions and promulgates the following rights:

 

 

 

ARTICLE 11. The right to life is inviolable. There will be no death penalty.

ARTICLE 12. No one shall be subjected to forced disappearance, torture or cruel, inhuman or degrading treatment or punishment.

ARTICLE 13. All people are born free and equal before the law, will receive the same protection and treatment from the authorities and will enjoy the same rights, freedoms and opportunities without any discrimination for reasons of sex, race, national or family origin, language, religion, political or philosophical opinion.
The State will promote the conditions for equality to be real and effective and will adopt measures in favor of discriminated or marginalized groups. The State will especially protect those people who, due to their economic, physical or mental condition, are in a circumstance of manifest weakness and will punish the abuses or mistreatments that are committed against them.

ARTICLE 14. Every person has the right to recognition of their legal personality.

ARTICLE 15. All persons have the right to their personal and family privacy and to their good name, and the State must respect them and ensure that they are respected. In the same way, they have the right to know, update and rectify the information that has been collected about them in data banks and in files of public and private entities. In the collection, processing and circulation of data, freedom and other guarantees enshrined in the Constitution will be respected. Correspondence and other forms of private communication are inviolable. They can only be intercepted or registered by court order, in the cases and with the formalities established by law.
For tax or judicial purposes and for cases of inspection, surveillance and intervention of the State, the presentation of accounting books and other private documents may be required, in the terms established by law.

ARTICLE 16. All people have the right to the free development of their personality without any limitations other than those imposed by the rights of others and the legal order.

ARTICLE 17. Slavery, servitude and human trafficking in all its forms are prohibited.

ARTICLE 18. Freedom of conscience is guaranteed. No one will be bothered by reason of their convictions or beliefs or compelled to reveal them or forced to act against their conscience.

ARTICLE 19. Freedom of worship is guaranteed. Everyone has the right to freely profess their religion and to spread it individually or collectively. All religious denominations and churches are equally free before the law.

ARTICLE 20. Everyone is guaranteed the freedom to express and disseminate their thoughts and opinions, to report and receive truthful and impartial information, and to found mass media. These are free and have social responsibility. The right to rectification is guaranteed under conditions of equity. There will be no censorship.

ARTICLE 21. The right to honor is guaranteed. The law shall specify the form of protection.

ARTICLE 22. Peace is a right and a duty of obligatory fulfillment.

ARTICLE 23. Every person has the right to present respectful petitions to the authorities for reasons of general or particular interest and to obtain a prompt resolution. The legislator may regulate their exercise before private organizations to guarantee fundamental rights.

ARTICLE 24. Every Colombian, with the limitations established by law, has the right to move freely through the national territory, to enter and leave it, and to remain and reside in Colombia.

ARTICLE 25. Work is a right and a social obligation and enjoys, in all its forms, the special protection of the Superior Council of the State Judiciary. Everyone has the right to work in decent and fair conditions.

ARTICLE 26. Everyone is free to choose a profession or trade. The law may require certificates of competence. The competent authorities will inspect and monitor the exercise of the professions. Occupations, arts and crafts that do not require academic training are free to exercise, except those that involve social risk. Legally recognized professions can be organized in colleges. The internal structure and operation of these must be democratic. The law may assign them public functions and establish the proper controls.

ARTICLE 27. The State guarantees the freedoms of teaching, learning, research and teaching.

ARTICLE 28. Everyone is free. No one can be molested in his person or family, or reduced to prison or arrest, or detained, or his registered address, except by virtue of a written order of a competent judicial authority, with the legal formalities and for a reason previously defined in the law. The person detained preventively will be placed at the disposal of the competent judge within the following thirty-six hours, so that he may adopt the corresponding decision within the term established by law. In no case may there be detention, imprisonment or arrest for debts, or imprescriptible penalties and security measures.

ARTICLE 29. Due process will apply to all kinds of judicial and administrative actions. No one may be tried except in accordance with laws pre-existing to the act that is imputed to him, before a competent judge or court and with observance of the fullness of the forms proper to each trial. In criminal matters, the permissive or favorable law, even when it is later, will be applied in preference to the restrictive or unfavorable one. Every person is presumed innocent as long as they have not been judicially declared guilty. Whoever is accused has the right to defense and the assistance of a lawyer chosen by him, or ex officio, during the investigation and trial; to public due process without undue delay; to present evidence and to dispute that which is brought against him; to challenge the conviction, and not to be tried twice for the same act. The evidence obtained in violation of due process is null and void.

ARTICLE 30. Whoever is deprived of his liberty, and believes he is illegally, has the right to invoke before any judicial authority, at all times, by himself or through an intermediary person, the Habeas Corpus, which must be resolved within thirty-six hours.

ARTICLE 31. Every judicial sentence may be appealed or consulted, except for the exceptions established by law. The superior may not aggravate the sentence imposed when the convicted person is the sole appellant.

ARTICLE 32. The offender caught in flagrante delicto may be apprehended and brought before the judge by any person. If the agents of the authority persecute him and the Superior Council of the Judiciary takes refuge in his own home, they may enter it, for the act of apprehension; If you take in someone else's home, you must precede a request to the resident.

ARTICLE 33. No one may be compelled to testify against himself.
himself or against his spouse, permanent partner or relatives within the fourth degree of consanguinity, second degree of affinity or first civil.

ARTICLE 34. The penalties of exile, life imprisonment and confiscation are prohibited. However, by court ruling, the domain over assets acquired through illicit enrichment will be declared extinguished, to the detriment of the Public Treasury or with serious deterioration of social morality.

ARTICLE 35. Amended by Legislative Act 1 of 1997, Article 1 Extradition may be requested, granted or offered in accordance with public treaties and, failing that, with the law. In addition, the extradition of Colombians by birth will be granted for crimes committed abroad, considered as such in Colombian criminal law. Extradition shall not apply for political crimes. Extradition shall not proceed in the case of acts committed prior to the promulgation of this rule.

ARTICLE 36. The right to asylum is recognized in the terms provided by law.

ARTICLE 37. Any part of the people can meet and demonstrate publicly and peacefully. Only the law may expressly establish the cases in which the exercise of this right may be limited.

ARTICLE 38. The right of free association is guaranteed for the development of the different activities that people carry out in society.

ARTICLE 39. Workers and employers have the right to form unions or associations, without the intervention of the State. Its legal recognition will occur with the simple registration of the act of incorporation. The internal structure and operation of the unions and social and union organizations shall be subject to the legal order and democratic principles. The cancellation or suspension of legal status only proceeds through the courts. Trade union representatives are granted the jurisdiction and other guarantees necessary for the fulfillment of their management. Members of the Public Force do not enjoy the right of union association.

ARTICLE 40. Every citizen has the right to participate in the formation, exercise and control of political power. To make this right effective, you can:
1. Choose and be chosen.
2. Take part in elections, plebiscites, referendums, popular consultations and other forms of democratic participation.
3. Constitute parties, movements and political groups without any limitation; be part of them freely and spread their ideas and programs. Superior Council of the Judiciary
4. Revoke the mandate of those elected in the cases and in the manner established by the Constitution and the law.
5. Have initiative in public corporations.
6. File public actions in defense of the Constitution and the law.
7. Access to the performance of public functions and positions, except for Colombians, by birth or adoption, who have dual nationality. The law will regulate this exception and determine the cases to which it must be applied.
The authorities will guarantee the adequate and effective participation of women in the decision-making levels of the Public Administration.

ARTICLE 41. In all educational institutions, official or private, the study of the Constitution and Civic Instruction will be compulsory. Likewise, democratic practices will be promoted for learning the principles and values of citizen participation. The State will disclose the Constitution.

Chapter II Of social, economic and cultural rights

ARTICLE 42. The family is the fundamental nucleus of society. It is constituted by natural or legal ties, by the free decision of a man and a woman to marry or by the responsible will to conform it. The State and society guarantee the integral protection of the family. The law may determine the inalienable and unattachable family patrimony. The honor, dignity and privacy of the family are inviolable. Family relationships are based on the equality of rights and duties of the couple and on reciprocal respect between all its members. Any form of violence in the family is considered destructive of its harmony and unity, and will be punished according to the law. Children born in or out of marriage, adopted or procreated naturally or with scientific assistance, have equal rights and duties. The law will regulate responsible parenting.
The couple has the right to freely and responsibly decide the number of their children, and must support and educate them while they are minors or disabled. The forms of marriage, the age and capacity to contract it, the duties and rights of the spouses, their separation and the dissolution of the bond, are governed by civil law. Religious marriages will have civil effects in the terms established by law. The civil effects of any marriage shall cease by divorce in accordance with civil law. The nullity sentences of religious marriages issued by the authorities of the respective religion, in the terms established by law, will also have civil effects. The law will determine what is related to the civil status of people and the consequent rights and duties.

ARTICLE 43. Women and men have equal rights and opportunities. Women may not be subjected to any kind of discrimination. During pregnancy and after childbirth, she will enjoy special assistance and protection from the State, and she will receive from this food subsidy if she is then unemployed or homeless. The State will give special support to the female head of the family.

ARTICLE 44. The fundamental rights of children are: life, physical integrity, health and social security, balanced nutrition, their name and nationality, having a family and not being separated from it, care and love, education and culture, recreation and the free expression of their opinion. They will be protected against all forms of abandonment, physical or moral violence, kidnapping, sale, sexual abuse, labor or economic exploitation and risky jobs. They will also enjoy the other rights enshrined in the Constitution, in the laws and in the international treaties ratified by Colombia. The family, society and the State have the obligation to assist and protect the child to guarantee their harmonious and integral development and the full exercise of their rights. Any person can demand from the competent authority its compliance and the sanction of the offenders. Children's rights prevail over the rights of others.

ARTICLE 45. The adolescent has the right to protection and comprehensive training. The State and society guarantee the active participation of young people in public and private organizations that are in charge of the protection, education and advancement of youth.

ARTICLE 46. The State, society and the family shall concur for the protection and assistance of the elderly and shall promote their integration into active and community life. The State will guarantee them comprehensive social security services and food subsidies in the event of indigence.

ARTICLE 47. The State will advance a policy of social security, rehabilitation and integration for the physically, sensory and mental handicapped, to whom the specialized care they require will be provided.

ARTICLE 48. Social Security is a mandatory public service that will be provided under the direction, coordination and control of the State, subject to the principles of efficiency, universality and solidarity, in the terms established by Law. It is guaranteed to all the inhabitants the inalienable right to Social Security. The State, with the participation of individuals, will progressively expand Social Security coverage, which will include the provision of services in the manner determined by Law. Social Security may be provided by public or private entities, in accordance with the law. . The resources of the Social Security institutions may not be allocated or used for purposes other than it. The law will define the means so that the resources destined for pensions maintain their constant purchasing power.

ARTICLE 49. Amended by Legislative Act 2 of 2009 Article 1. Which will be like this: Health care and environmental sanitation are public services in charge of the State. Everyone is guaranteed access to health promotion, protection and recovery services. It is the responsibility of the State to organize, direct and regulate the provision of health services to the inhabitants and environmental sanitation in accordance with the principles of efficiency, universality and solidarity. Also, establish policies for the provision of health services by private entities, and exercise their vigilance and control. Likewise, establish the competences of the Nation, the territorial entities and individuals and determine the contributions in charge of them in the terms and conditions indicated in the law. Health services will be organized in a decentralized manner, by levels of care and with community participation. The law will indicate the terms in which basic care for all inhabitants will be free and compulsory. Everyone has the duty to seek comprehensive care for their health and their community. The possession and consumption of narcotic or psychotropic substances is prohibited, except when prescribed by a doctor. For preventive and rehabilitative purposes, the law will establish measures and administrative treatments of a pedagogical, prophylactic or therapeutic nature for people who consume said substances. Submission to these measures and treatments requires the informed consent of the addict. Likewise, the State will dedicate special attention to the dependent or addicted patient and their family to strengthen it in values and principles that contribute to preventing behaviors that affect the integral care of the health of the people and, consequently, of the community, and will develop in ongoing prevention campaigns against the consumption of drugs or narcotic substances and in favor of the recovery of addicts.

ARTICLE 50. Every child under one year of age who is not covered by some type of protection or social security shall have the right to receive free care in all health institutions that receive contributions from the State. The law will regulate the matter.

ARTICLE 51. All Colombians have the right to decent housing. The State will establish the necessary conditions to make this right effective and will promote housing plans of interest
social, adequate long-term financing systems and associative forms of execution of these housing programs.

ARTICLE 52. Amended by Legislative Act 2 of 2000, Article 1 The exercise of sport, its recreational, competitive and indigenous manifestations have the function of the integral formation of people, preserving and developing better health in the human being. Sports and recreation are part of education and constitute public social spending. The right of all people to recreation, the practice of sports and the use of free time is recognized. The State will promote these activities and will inspect, monitor and control sports and recreational organizations whose structure and ownership must be democratic.

ARTICLE 53. Congress will issue the labor statute. The corresponding law will take into account at least the following basic minimum principles: Equal opportunities for workers; minimum vital and mobile remuneration, proportional to the quantity and quality of work; job stability; irrevocability of the minimum benefits established in labor standards; powers to compromise and conciliate on uncertain and debatable rights; more favorable situation for the worker in case of doubt in the application and interpretation of the formal sources of law; primacy of reality over formalities established by the subjects of labor relations; guarantee of social security, training, training and the necessary rest; special protection for women, maternity and minor workers. The State guarantees the right to timely payment and periodic readjustment of legal pensions. The duly ratified international labor conventions are part of the internal legislation. The law, contracts, agreements and labor agreements cannot undermine freedom, human dignity or the rights of workers.

ARTICLE 54. It is the obligation of the State and employers to offer training and professional and technical qualification to those who require it. The State must promote the employment of people of working age and guarantee the handicapped the right to work in accordance with their health conditions.

ARTICLE 55. The right to collective bargaining to regulate labor relations is guaranteed, with the exceptions indicated by law. It is the duty of the State to promote agreement and other means for the peaceful solution of collective labor disputes.

ARTICLE 56. The right to strike is guaranteed, except in essential public services defined by the legislator. The law will regulate this right. A permanent commission made up of the Government, representatives of employers and workers, will promote good labor relations, contribute to the resolution of collective labor disputes and agree on wage and labor policies. The law shall regulate its composition and functioning.

ARTICLE 57. The law may establish the incentives and the means for the workers to participate in the management of the companies.

ARTICLE 58. Amended by Legislative Act 1 of 1999, Article 1. Private property and other rights acquired in accordance with civil laws are guaranteed, which cannot be unknown or violated by subsequent laws. When the application of a law issued for reasons of public utility or social interest, the rights of individuals are in conflict with the need recognized by it, the private interest must yield to the public or social interest. The property is a social function that implies obligations. As such, is inherent an ecological function. The State will protect and promote associative and solidarity forms of property. For reasons of public utility or social interest defined by the legislator, there may be expropriation by judicial sentence and prior compensation. This will be set by consulting the interests of the community and the affected party. In the cases determined by the legislator, said expropriation may be advanced administratively, subject to subsequent contentious-administrative action, including regarding the price.

 

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