Bolivia

Nueva constitución política del estado de Bolivia [Political Constitution of the State of Bolivia], adopted and enacted 2009.
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Art. 14(III) The State guarantees to every person and collectivity, without any discrimination, the free and efficient exercise of the rights established in this Constitution, the laws and the international treaties of human rights.

Art. 15(I) Every person has the right to life and physical, psychological and sexual integrity. No one shall be tortured, nor suffer cruel, inhuman, degrading or humiliating treatment. The death penalty does not exist.

Art. 16(I) All persons have the right to water and food.

Art. 17 Every person has the right to receive an education at all levels, which is universal, productive, free, comprehensive and inter-cultural, and without discrimination.

Art. 18(I) All persons have the right to health.

Article 19(I) Every person has the right to an adequate habitat and home that dignifies family and community life.

Art. 20(I) Every person has a universal and equitable right of access to basic services of portable water, sewage, electricity, home gas, mail and telecommunications.

Art. 21 Bolivians have the following rights:

  1. To cultural self-identification
  2. To privacy, intimacy, honor, their self image and dignity.
  3. To freedom of belief, spirituality, religion and cult, expressed individually or collectively, in public and in private, for legal purposes.
  4. To freedom of assembly and association, publicly and privately, for legal purposes.
  5. To freely express and disseminate thoughts and opinions by any means of oral, written or visual communication, individually or collectively.
  6. To have access to information and to interpret, analyze and communicate it freely, individually or collectively.
  7. To freedom of residence, permanence and circulation throughout the territory of Bolivia, which includes the right to leave and enter the country.

Art. 22 The dignity and freedom of persons is inviolable.

Art. 23(I) Every person has the right to freedom and personal security. Personal liberty may only be restricted within the limits set forth by law to assure the discovery of the true facts concerning acts in jurisdictional processes.

Art. 26(I) All citizens have the right to participate freely in the formation, exercise and control of political power, directly or through their representatives, individually or collectively. Participation shall be equitable and under equal conditions for men and women.

 

Rights of the Nations and Rural Native Indigenous Peoples

Art. 30 (I) In the framework of the unity of the State, and in accordance with this Constitution, the nations and rural native indigenous peoples enjoy the following rights:

  1. To be free.
  2. To their cultural identity, religious belief, spiritualities, practices and customs, and their own world view.
  3. That the cultural identity of each member, if he or she so desires, be inscribed together with Bolivian citizenship in his identity card, passport and other identification documents that have legal validity.
  4. To self-determination and territoriality.
  5. That its institutions be part of the general structure of the State.
  6. To the collective ownership of land and territories.
  7. To the protection of their sacred places.
  8. To create and administer their own systems, means and networks of communication.
  9. That their traditional teachings and knowledge, their traditional medicine, languages, rituals, symbols and dress be valued, respected and promoted.
  10. To live in a healthy environment, with appropriate management and exploitation of the ecosystems.
  11. To collective ownership of the intellectual property in their knowledge, sciences and learning, as well as to its evaluation, use, promotion and development.
  12. To an inter-cultural, intra-cultural and multi-language education in all educational systems.
  13. To universal and free health care that respects their world view and traditional practices.
  14. To the practice of their political, juridical and economic systems in accord with their world view.
  15. To be consulted by appropriate procedures, in particular through their institutions, each time legislative or administrative measures may be foreseen to affect them. In this framework, the right to prior obligatory consultation by the State with respect to the exploitation of nonrenewable natural resources in the territory they inhabit shall be respected and guaranteed, in good faith and upon agreement.
  16. To participate in the benefits of the exploitation of natural resources in their territory.
  17. To autonomous indigenous territorial management, and to the exclusive use and exploitation of renewable natural resources existing in their territory without prejudice to the legitimate rights acquired by third parties.
  18. To participate in the organs and institutions of the State.

Art. 45(I) Every Bolivian has the right to social security.

Art 46(I) Every person has the following rights:

  1. To dignified work, with industrial and occupational health and safety, without discrimination, and with a fair, equitable and satisfactory remuneration or salary that assures a dignified existence for the worker and his or her family.
  2. To a stable source of work under equitable and satisfactory conditions.

Art. 56(I) Everyone has the right to private, individual or collective property, provided that it serves a social function.

Art. 62 The State recognizes and protects the family as the fundamental nucleus of society, and guarantees the social and economic conditions necessary for its full development. Every member has equal rights, obligations and opportunities.

 

Rights of Elderly Adults

Art. 67(I) In addition to the rights recognized in this Constitution, every person of adult age has the right to a dignified old age that has quality and human warmth.

Art. 67(II) The State shall provide an old age pension within the framework of full social security, in accordance with the law.

Art. 68(II) All forms of mistreatment, abandonment, violence and discrimination against elderly persons is prohibited and punished.

 

Rights of Disabled Persons

Art. 70 Everyone who has a disability enjoys the following rights:
1. To be protected by his or her family and by the State
2. To a free education and physical health.
3. To an alternative language of communication.
4. To work in appropriate conditions, consistent with his or her possibilities and capacities, with fair remuneration that assures a dignified life.
5. To the development of his or her individual potential.

Art. 71(I) Any kind of discrimination, mistreatment, violence and exploitation of anyone who is disabled shall be prohibited and punished.

Art 71(II) The State shall adopt measures of affirmative action to promote the effective integration of disabled persons into the productive, economic, political, social, and cultural sphere, without any discrimination whatsoever.

Art. 71(III) The State shall create the conditions that permit the development of individual potential of disabled persons.

Art. 72 The State shall guarantee disabled persons comprehensive prevention and rehabilitation services, as well as other benefits that are established by law.

 

Art. 103(I) The State shall guarantee the development of science and scientific, technical and technological research for the benefit of the general interest. The necessary resources shall be provided, and state science and technology systems shall be created.

Art. 115(II) The State guarantees the right to due process and defense, and to plural, prompt, appropriate, free, and transparent justice without delays.

Art. 120(I) Every person has the right to be heard by a competent, impartial and independent jurisdictional authority, and may not be tried by special commissions or submitted to other jurisdictional authorities other than those established prior to the time the facts of the case arose

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