Lesson 3/53 min
Part III: fundamental rights
Articles 26–47A
| Article | Subject |
|---|---|
| 26 | Laws inconsistent with fundamental rights are void |
| 27 | Equality before the law |
| 28 | No discrimination on grounds such as religion; 28(2): women and men have equal rights in all spheres of state and public life |
| 29 | Equality of opportunity in public employment |
| 30 | No foreign titles or honours without the President's permission |
| 31 | Right to the protection of the law |
| 32 | Protection of the right to life and personal liberty |
| 33 | Safeguards on arrest and detention |
| 34, 35 | Forced labour banned · protection in trial and punishment |
| 36 | Freedom of movement |
| 37 | Freedom of assembly |
| 38 | Freedom of association |
| 39 | Freedom of thought and conscience, and of speech |
| 40 | Freedom of profession or occupation |
| 41 | Freedom of religion |
| 42 | Right to property |
| 43 | Protection of home and correspondence |
| 44 | Enforcement of fundamental rights |
| 45–47 | Changes for disciplined forces · power to indemnify · saving of certain laws |
| 47A | Certain constitutional rights do not apply in some cases (1st Amendment, 1973) |
Link with the emergency articles
- 141A: the President proclaims an emergency
- 141B: during an emergency the provisions of Articles 36, 37, 38, 39, 40 and 42 are suspended
- 141C: by presidential order the right to go to court to enforce rights can also be suspended
Memory trick: The freedoms run in a row from 36 to 42: movement, assembly, association, speech, profession, religion, property. In an emergency 36–39, 40 and 42 are suspended; religion (41) is not. Equality is 27–29, legal protection 31–33.
Check yourself
Which articles give freedom of assembly and freedom of association?
At a glance
- 1
27 equality before the law; 28 no discrimination, 28(2) equal rights for women; 29 equality in public jobs.
- 2
31 protection of the law; 32 life and personal liberty; 33 safeguards on arrest and detention.
- 3
36 movement, 37 assembly, 38 association, 39 thought-conscience-speech, 40 profession, 41 religion, 42 property.
- 4
44 enforcement of fundamental rights; 47A was added in 1973.
- 5
In an emergency (141B) Articles 36, 37, 38, 39, 40 and 42 are suspended.