Constitution of Colombia



PREAMBLE

The people of Colombia,

in exercise of its sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God, and to strengthen the unity of the nation and ensure its members life, living, work, justice , equality, knowledge, freedom and peace, in a legal, democratic and participatory to ensure a political, economic and social right, and committed to driving the integration of the Latin American community, decrees, sanctions and promulgates the following:

CONSTITUTION OF COLOMBIA

PART I - BASIC PRINCIPLES

ARTICLE 1. Colombia is a social state of law, organized as a unitary, decentralized with autonomous territorial entities, democratic, participatory and pluralistic, based on respect for human dignity, work and solidarity of the persons composing and the prevalence of general interest.

ARTICLE 2. essential goals of the state are to serve the community, promote the general welfare and ensure the effectiveness of the principles, rights and duties enshrined in the Constitution, to facilitate the participation of all in the decisions that affect them and in economic , political, administrative and cultural center of the nation, defending national independence, maintain territorial integrity and ensure peaceful coexistence and the existence of a just order.

The authorities of the Republic are established to protect all persons residing in Colombia, in your life, honor, property, beliefs, and other rights and freedoms, and to ensure compliance with the social obligations of the state and individuals.

ARTICLE 3. Sovereignty resides exclusively in the people, which public power emanates. The people exercise directly or through their representatives, in the terms established by the Constitution.

ARTICLE 4. The Constitution is the supreme law. In any case of incompatibility between the Constitution and the law or other rule of law, constitutional provisions apply.

It is the duty of citizens and foreigners in Colombia to abide by the Constitution and laws, and to respect and obey the authorities.

ARTICLE 5. The State recognizes, without any discrimination, the primacy of the inalienable rights of the person and protects the family as the basic institution of society.

ARTICLE 6. Individuals are responsible only to the authorities for violating the Constitution and laws. Civil servants are for the same cause and default or overreaching in the exercise of their functions.

ARTICLE 7. The State recognizes and protects the ethnic and cultural diversity of the Colombian nation.

ARTICLE 8. obligation of the state and individuals to protect the cultural and natural wealth of the nation.

ARTICLE 9. foreign relations of the state are based on national sovereignty, respect for self-determination and recognition of the principles of international law accepted by Colombia.

Similarly, Colombia's foreign policy is oriented towards the integration of Latin America and the Caribbean.

ARTICLE 10. Castilian is the official language of Colombia. The languages ​​and dialects of ethnic groups are also official in their territories. The education provided in communities with their own linguistic traditions will be bilingual.

PART II. - Rights, Guarantees and Duties

CHAPTER I - OF FUNDAMENTAL RIGHTS

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

ARTICLE 12. not be subjected to enforced disappearance, torture or cruel, inhuman or degrading treatment.

ARTICLE 13. All people are born free and equal before the law and entitled to equal protection and treatment by the authorities and enjoy the same rights, freedoms and opportunities without discrimination on grounds of sex, race, national or family origin, language, religion, political or philosophical.

The State shall promote conditions to make equality real and effective and adopt measures in favor of discriminated or marginalized groups.

The State especially protect those people whose economic status, physical or mental, are in fact manifest weakness and punish any abuse or mistreatment perpetrated against them.

ARTICLE 14. Everyone has the right to recognition as a person before the law.

ARTICLE 15. Everyone is entitled to their personal and family privacy and his good name, and the State must respect and ensure respect. Similarly, the right to know, update and rectify information gathered about them in the databases and archives of public and private entities.

In the collection, processing and transmission of data and other respected freedom guarantees enshrined in the Constitution.

Correspondence and other forms of private communication are inviolable. They can only be intercepted or recorded by court order in cases and with the formalities prescribed by law.

In order to prevent the commission of terrorist acts, a statute shall regulate the manner and conditions under which the authorities as it may specify, based on serious grounds, to intercept or record the correspondence and other forms of private communication without a warrant with immediate notice to the Attorney General's Office and subsequent judicial review within thirty-six (36) hours. At the start of each session, the gove rnment will report to Congress on the use that is made of this power. Officials who abuse the measures referred to in this Article shall incur a very serious offense, without prejudice to any other liability that might arise.

For tax court cases and for inspection, monitoring and intervention of the state, may require the submission of books of accounts and other private documents, in the manner provided by law. ( Amended by Legislative Act No. 2 of 2003)

ARTICLE 16. Everyone has the right to free development of his personality without restrictions other than those imposed by the rights of others and the legal order.

ARTICLE 17. was prohibiting slavery, servitude and human trafficking in all its forms.

ARTICLE 18. shall be guaranteed freedom of conscience. No one shall be molested on account of his convictions or beliefs or compelled to reveal them or forced to act against his conscience.

ARTICLE 19. shall be guaranteed freedom of worship. Everyone has the right to practice their religion freely and to disseminate it individually or collectively.

All religions and churches are equally free before the law.

ARTICLE 20. It guarantees everyone the freedom to express and disseminate their thoughts and opinions, to transmit and receive truthful and impartial, and to establish mass media.

These are free and have social responsibility. The right to rectification under equitable conditions. There will be no censorship.

ARTICLE 21. The right to dignity. The law shall specify the form of protection.

ARTICLE 22. Peace is a right and a duty binding.

ARTICLE 23. Everyone has the right to present petitions to the authorities for reasons of general or specific interest and to obtain prompt resolution. The legislature may regulate the private organizations to guarantee fundamental rights.

ARTICLE 24. all Colombian limitations established by law, has the right to move freely throughout the country, in and out of it, and to remain and reside in Colombia.

The Government may establish an obligation to keep a record of residence of the inhabitants of the national territory, in accordance with statutory law is issued for the purpose. (Amended by Legislative Act No. 2 of 2003)

ARTICLE 25. The work is a right and a social obligation and enjoy in all its forms, from the special protection of the state. Everyone has the right to work with dignity and fair.

ARTICLE 26. Everyone is free to choose a profession or trade. The law may require certificates of competence. The competent authorities inspect and supervise the practice of the professions. The occupations, arts and crafts that require academic training are freely exercised, except those involving social risk.

Legally recognized professions can be organized in schools. The internal structure and functioning of these must be democratic. The law may assign public functions and establish proper controls.

ARTICLE 27. The state guarantees freedom of teaching, learning, research and lecturing.

ARTICLE 28. Everyone is free. No one may be molested in his person or family, or imprisoned or arrested or detained, or their registered address, except by written order of a competent judicial authority, with legal formalities and for reasons previously defined in the law.

The person in custody will be made available to the competent court within thirty-six (36) hours so that this decision is taken within the period prescribed by law.

In no case shall there be arrest, detention or imprisonment for debts or penalties and safety limitations.

A statute shall regulate the manner in which, without a warrant, the authorities indicate she may make arrests, raids and house searches, with immediate notice to the Attorney General's Office and subsequent judicial review within thirty-six (36 ) hours, provided that there are serious reasons to prevent the commission of terrorist acts. At the start of each session, the Government shall report to Congress on the use that is made of this power. Officials who abuse the measures referred to in this Article shall incur a very serious offense, without prejudice to any other liability that might arise.

ARTICLE 29 . Due process applies to all kinds of legal and administrative proceedings.

No one may be tried except under laws that predate the act which he is charged, before a competent court and in compliance with the fullness of the forms of each trial.

In criminal cases, the law permissive or favorable, even if later be applied in preference to restrictive or unfavorable.

All persons are presumed innocent until proved guilty according to law beech. Anyone who is accused is entitled to a defense and the assistance of counsel chosen by it, or on its own during the investigation and trial, to a fair public trial without undue delay, to present evidence and the evidence brought against him , to challenge the conviction, and not to be tried twice for the same offense.

It is null and void, the evidence obtained in violation of due process.

ARTICLE 30. Whoever is deprived of his freedom and believes to be unlawful is entitled to rely before any judicial authority, at all times, by himself or through another person, the Habeas Corpus, which must be resolved within a period of thirty-six hours.

ARTICLE 31. Any conviction may be appealed or, except as provided by law.

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