Panama

Panama

Right	Section	Contents
Freedom of Association	History	Freedom of association is protected under the first constitution of Panama, enacted in 1904 shortly after the country’s independence. Article 20 guarantees Panamanians’ right to “to form associations for all the legitimate purposes of life.” Comparative Constitutions Project. “Constitution of the Republic of Panama.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzpa0048&id=1&men_tab=srchresults.
Freedom of Expression	History	The state of Panama has had four separate governing constitutions with the first one being enacted in 1904. Title III, Section 27 of the 1904 Constitution of the Republic of Panama states, “Every person may freely express his opinion, either orally or in writing, by means of the press, or by any other process, without being first subject to censorship, provided always that he refers to the official acts of public functionaries.” Section 27 also recognizes that individuals will incur legal responsibility should “the honor of persons [be] assailed by any of these means.” Sources: “Historical Documents - Office of the Historian.” 2024. State.gov. 2024. https://history.state.gov/historicaldocuments/frus1904/d550.
Freedom of Religion	History	Freedom of religion in Panama was first protected in the constitution of 1904. Article 26 established that while Catholicism was recognized as the majority religion, “[t]he profession of all religions is free…” (Hein Online). The current Constitution of Panama was ratified on October 11, 1972. Articles 19, 35, 36, 45, 67, 94, 181 and 300 grant religious freedom, equality, and prohibit religious discrimination. Article 35 recognizes that the majority of Panamanians are Catholic and article 107 declares that Catholicism is to be taught in schools. Article 35 of the 1972 constitution states that “[a]ll religions may be professed and all forms of worship practiced freely, without any other limitation than respect for Christian morality and public order. It is recognized that the Catholic religion is practiced by the majority of Panamanians" (constituteproject.org). “Panama 1972 (Rev. 2004) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Panama_2004.
Freedom of the Press	History	Article 37 of Panama’s 1972 Constitution protects press freedom: “Every person may express his/her opinion freely, either orally, in writing or by any other means, without being subject to prior censorship. Legal responsibility (liability) will, however, be incurred when by any of these means, the reputation or honor of persons is assailed, or when social security or public order is attacked" (Constitute Project, “ Panama’s Constitution of 1972 with Amendments through 2004” ).
Privacy Rights	History	The 1863 Constitution of the Sovereign State of Panama, enacted while Panama was under Colombian rule, guarantees in Article 2(14) “the inviolability of domicile and of private writings; so that the one cannot be forcibly entered into, nor the others intercepted or examined, but by competent authority, for the effect and with the formalities determined by law.” Article 28 of the Constitution of the Republic of Panama in 1904 enacted after independence states that “correspondence and other private documents are inviolable, and neither the former nor the latter can be held or examined except by virtue of competent judicial authority and under the formalities prescribed by the Laws. In all cases secrecy will be observed in connection with the matters relating to the object of holding and examining same.” Article 23 prohibits home searches without a warrant. The 1972 Constitution expands upon the right to communication privacy in Article 28, stating that “private telephone communications also are inviolable and may not be intercepted. The examination of documents shall always take place in the presence of the interested person or of a member of his family, or if they are absent, before two honorable residents of the same place.” Additionally, exceptions for privacy of the home are permitted in Article 25 for labor, social welfare, and health officials if they give prior notice. The Data Protection Law, enacted in 2019 and supplemented by an executive decree in 2021, regulates and protects personal data in Panama (“Data Protection Law,” 2024). References: “Constitution of the Republic of Panama, Constitución (1904) English.” 1909. HathiTrust and University of Michigan. https://hdl.handle.net/2027/mdp.35112104577715 “Data Protection Law in Panama.” 2024. DLA Piper. Accessed July 19, 2024. https://www.dlapiperdataprotection.com/index.html?t=law&c=PA#:~:text=The%20Constitution%20provides%20that%20every,the%20provisions%20of%20the%20law. “Political Constitution for the Sovereign State of Panama.” 1863. Translated 1864 C.T. Bidwell. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/Page?handle=hein.cow/zzpa0105&id=1&collection=cow&index= “Political Constitution of the Republic of Panama.” 1972. Organization of American States, 1974. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzpa0032&id=8&men_tab=srchresults
Voting Rights and Suffrage	History	Article 135 states that it is the right and duty of all citizens of Panama to vote in their free, universal, direct, and secret elections. The voting age in Panama is 18. Article 150 states that the members of the National Assembly of Panama are voted into office. (Constitute Project, “ Panama’s Constitution of 1972 with Amendments through 2004” ).