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Breakout | Right | Section | Contents |
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Mozambique | Freedom of Religion | History | Freedom of religion was first noted in Article 33 of Mozambique’s 1975 constitution which stated that “[i]n the People’s Republic of Mozambique the State guarantees the freedom of citizens to practice or not to practice a religion” (Hein Online). The current Constitution of the Republic of Mozambique was ratified on December 21, 2004. Articles 12.3, 12.4, 35, 39, 54, 71.1, 251, and 286 grant religious freedom, equality, and prohibit discrimination. Articles 12.2 and 292.1(c) create a separation between religion and the state. Article 54 of Mozambique’s constitution states that “[a]ll citizens shall have the freedom to practice or not to practice a religion. Nobody shall be discriminated against… or benefit from or be exempt from duties, on the grounds of his faith or religious persuasion or practice” (constituteproject.org). "Section II: Fundamental Rights and Duties of Citizens ." Official English Translation, The Constitution of the People's Republic of Mozambique, 1975, pp. 5-6. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzmz0011&i=6. “Mozambique 2004 (Rev. 2007) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Mozambique_2007. |
Myanmar | Freedom of Religion | History | Freedom of religion was first conditionally protected under Article 21(b) of the 1947 Constitution of the Socialist Republic of the Union of Burma which states that Burmese citizens “shall enjoy the right to profess their religion… provided the enjoyment of any such freedom does not offend the laws or the public interest” (Hein Online). The current Constitution of the Republic of the Union of Myanmar was ratified on 29 May 2008. Articles 34, 348, 352, 354(d), 363, and 368 grant religious freedom, equality, and prohibit religious discrimination. Article 362 recognizes Christianity, Islam, Hinduism and Animism as religions in the country. Article 34 of Myanmar’s current constitution protects freedom of religion for its citizens. It states: “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of this Constitution” (constituteproject.org). "Chapter II: Basic Principles." The Constitution of the Socialist Republic of the Union of Burma, 1974, pp. 4-7. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzmm0005&i=8. “Myanmar 2008 (Rev. 2015) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Myanmar_2015. |
Namibia | Freedom of Religion | History | Constitution of the Republic of Namibia was ratified on 09 February 1990. Articles 10.2, 14.1, 19, 21, and 97 grant religious freedom, equality, and prohibit religious discrimination. The preamble and Article 1.1 declare Namibia a secular state. Freedom of religion is protected for Namibian citizens under Article 21 Section 1c which states that “[a]ll persons shall have the right to… freedom to practise any religion and to manifest such practice…” (constituteproject.org). Hishoono, Naita. “THE Constitution in the 21st Century Perspectives on the Context and Future of Namibia’s Supreme Law.” CMS. Namibia Institute for Democracy (NID) and the Institute for Public Policy Research (IPPR), 2011. Last modified 2011. Accessed June 23, 2022. https://cms.my.na/assets/documents/p1a3o3rq6r1ci1ma2ld714vmtm1.pdf. “Namibia 1990 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Namibia_2014. |
Nauru | Freedom of Religion | History | Article 11 Section 1 of Nauru’s 1968 constitution protects freedom of religion for its citizens. It states: “A person has the right to freedom of conscience, thought and religion, including freedom to change his religion or beliefs and freedom, either alone or in community with others and in public or private, to manifest and propagate his religion or beliefs in worship, teaching, practice and observance” (constituteproject.org). “Nauru 1968 (Rev. 2015) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nauru_2015. |
Nepal | Freedom of Religion | History | Freedom of religion was mentioned in Nepal’s first constitution of 1948 in Article 4 which stated that “[s]ubject to the principles of public order and morality, this Constitution guarantees to the citizens of Nepal… freedom of worship…” (Hein Online). Freedom of religion is now protected under Article 26 Section 1 of the current constitution which states that “[e]ach person shall be free to profess, practice, and preserve his/her religion according to his/her faith” (constituteproject.org). “Nepal 2015 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nepal_2016. "Part III: The Executive." Constitution of Nepal. Katmandu, 26th January, 1948., 1948, pp. 658-660. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zznp0020&i=3. |
New Zealand | Freedom of Religion | History | The New Zealand Bill of Rights Act (NZBORA) of 1990 was ratified on 28 August 1990; the Human Rights Act of 1993 was ratified 10 August 1993. Articles 13, 15, and 20 of the NZBORA and Articles 21.1(c), 21.1(d), 25.1(ai), 26, 27.2, 28, 39.1, 55, and 58.1 of the HRA grant religious freedom, equality, and prohibit religious discrimination. Article 13 of the 1990 New Zealand Bill of Rights Act states that “[e]veryone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference” (constituteproject.org). Parliament of New Zealand. “Human Rights Act 1993.” New Zealand Legislation. The Parliamentary Counsel Office, 2021. Last modified 2021. Accessed June 23, 2022. https://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304490. Parliament of New Zealand. “New Zealand Bill of Rights Act 1990.” New Zealand Legislation. Parliamentary Counsel Office, 2011. Last modified 2011. Accessed June 23, 2022. https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792. “New Zealand 1852 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/New_Zealand_2014. |
Nicaragua | Freedom of Religion | History | Free practice of religion was prohibited in the first Nicaraguan constitution of 1826, with Title 4 Chapter 2 Article 46 establishing that “[t]he Religion of the State is the Catholic, Apostolic, Roman, with the exclusion of the public exercise of any other” (Hein Online, 1826). Freedom of religion was first protected in the 1838 constitution under Article 53 which established Catholicism as the state religion, but stipulated that “the public exercise of the other religions is not prohibited” (Hein Online, 1838). The current Constitution of Nicaragua was ratified on January 1, 1987. Articles 27, 29, 49, 69, 82.1, 124, and 180 grant religious freedom, equality, and prohibit discrimination. Article 14 declares that Nicaragua has no official religion. Article 29 states: “[e]veryone has the right to freedom of conscience and thought and to profess or not profess a religion” (constituteproject.org). "Chapter 1: General Provisions." Constitution of the State of Nicaragua 8 April 1826, 1826, pp. 7-8. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzni0038&i=7. "Chapter V: Of the Government and of Religion." Political Constitution of the Sovereign, Free and Independent State of Nicaragua 12 November 1838, 1838, pp. 8-8. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzni0040&i=8. “Nicaragua 1987 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nicaragua_2014. |
Niger | Freedom of Religion | History | The Constitution of Niger was ratified on 31 October 2010. Articles 8, 17, and 30 grant religious freedom, equality, and prohibit religious discrimination. Article 3 declares a separation of church and state. Article 30 of the 2010 Niger constitution ostates: “Any person has the right to freedom of thought, of opinion, of expression, of conscience, of religion and of worship [culte]” (constituteproject.org). “Niger 2010 (Rev. 2017) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Niger_2017. |
Nigeria | Freedom of Religion | History | Article 23.1 of the 1960 Nigerian constitution is the first time freedom of religion was protected for Nigerian citizens. It states: “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom… to manifest and propagate his religion or belief in worship, teaching, practice and observance” (Hein Online). The current Constitution of the Federal Republic of Nigeria was ratified on May 29, 1999. Articles 15.2, 38, and 42.1 grant religious freedom, equality, and prohibit religious freedom. Article 10 forbids a declaration of a state religion. Article 38.1 of the current constitution uses the same language concerning freedom of religion as the 1960 Constitution (constituteproject.org). "Chapter III: Fundamental Rights." CONSTITUTION OF THE FEDERATION OF NIGERIA, pp. [17]-[27]. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzng0011&i=22. “Nigeria 1999 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nigeria_2011. National Assembly of Nigeria. “Constitution of the Federal Republic of Nigeria.” Nigeria Law. Nigeria Law, 2011. Last modified 2011. Accessed June 23, 2022. http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm. |
North Korea | Freedom of Religion | History | Freedom of religion was first established in North Korea under Part II Article 14 of the 1948 constitution which stated that “[e]very citizen shall have freedom of religion…” (Hein Online). Freedom of religion is now conditionally protected under Article 68 of the 1972 constitution. It states that “[c]itizens have freedom of religious belief. This right is granted through the approval of the construction of religious buildings and the holding of religious ceremonies. Religion must not be used as a pretext for drawing in foreign forces or for harming the State or social order” (constituteproject.org). “Korea (Democratic People’s Republic of) 1972 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Peoples_Republic_of_Korea_2016. "Part II: General Provisions." Constitution of the Democratic People's Republic of Korea, pp. 2-4. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzkp0005&i=2. |
North Macedonia | Freedom of Religion | History | The Constitution of the Republic of North Macedonia was ratified on 17 November 1991. Articles 9, 19, 20, 48, 54, 110, and amendments VII.2 and VIII.1 grant religious freedom, equality and prohibit religious discrimination. Article 19 and Amendment VII.1 declares a separation of church and state. Article 19 states: “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others is guaranteed” (constituteproject.org). It also further elaborates and states that “[t]he Macedonian Orthodox Church and other religious communities and groups are separate from the state and equal before the law…” (constituteproject.org). “North Macedonia (Republic of) 1991 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Macedonia_2011. Republic of Macedonia. “Constitution of the Republic of North Macedonia.” Government of the Republic of North Macedonia. Last modified 2019. Accessed June 24, 2022. https://vlada.mk/sites/default/files/dokumenti/zakoni/the_constitution_of_the_republic_of_north_macedonia_containing_the_valid_constitutional_provisions_in_force_as_amended_by_constitutional_amendments_i-xxxvi.pdf. |
Norway | Freedom of Religion | History | In 2012, Norway officially and explicitly guaranteed the freedom of religion through a constitutional amendment securing a secular Norwegian state. Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 20, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzno0083&id=3&men_tab=srchresults. |
Oman | Freedom of Religion | History | Freedom of religion is conditionally protected in Oman under Article 28 of the 1996 constitution: “The freedom to practice religious rites according to recognised customs is protected, provided it does not violate the public order or contradict morals” (constituteproject.org). However, Article 2 also establishes that “[t]he religion of the State is Islam and Islamic Sharia is the basis for legislation” (constituteproject.org). “Oman 1996 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Oman_2011. Sultan Haitham . “ROYAL DECREE NO. (101/96).” Ministry of Justice and Legal Affairs . Last modified 2022. Accessed June 24, 2022. https://www.mjla.gov.om/eng/basicstatute.aspx. |
Pakistan | Freedom of Religion | History | Part II Article 18(a) of the first Pakistani constitution of 1956 states that while Islam is the state religion, freedom of religion is conditionally protected: “Subject to law, public order and morality… every citizen shall have the right to profess, practice and propagate any religion…” (Hein Online). This continues to be protected in Part I Section 2 of the current constitution which was ratified in 1973 (constituteproject.org). “Pakistan 1973 (Reinst. 2002, Rev. 2018) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Pakistan_2018. "Part II: Fundamental Rights." Constitution of the Islamic Republic of Pakistan, pp. [27]-[37]. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzpk0008&i=34. |
Palau | Freedom of Religion | History | The Constitution of the Republic of Palau was ratified on 9 July 1980. Articles IV section 1 and section 5 grant religious freedom, equality, and prohibit religious discrimination. Article IV section 1 declares no official state religion. Article IV Section 1 states “[t]he government shall take no action to deny or impair the freedom of conscience or of philosophical or religious belief of any person nor take any action to compel, prohibit or hinder the exercise of religion” (constituteproject.org). “Palau 1981 (Rev. 1992) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Palau_1992. |
Panama | 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. |
Papua New Guinea | Freedom of Religion | History | Freedom of religion is conditionally protected under Article 45 in Papua New Guinea’s 1975 constitution: “Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38…” (constituteproject.org). Articles 2.1, 2.5, 45, 55.1, and 233.3(aiii) grant religious freedom, equality, and prohibit religious discrimination. Parliament of Papua New Guinea. “Constitution of the Independent State of Papua New Guinea.” National Parliament of Papua New Guinea. Last modified 2022. Accessed June 24, 2022. https://www.parliament.gov.pg/constitution-of-the-independent-state-of-papua-new-guinea. “Papua New Guinea 1975 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Papua_New_Guinea_2016. |
Paraguay | Freedom of Religion | History | Freedom of religion was first protected in Paraguay under the constitution of 1870. Part I Chapter I Article 3 states that while Roman Catholicism is the state religion, “Congress… shall not have power to forbid the free exercise of any other religion…” (Hein Online). The current Constitution of the Republic of Paraguay was ratified on June 20, 1992. Articles 24, 37, 63, 74 and 88 grant religious freedom, equality, and prohibit religious discrimination. Article 24 declares the relationship between the state and the Catholic church to be independent, cooperative, and autonomy. Article 24 states that “[t]he freedom of religion, of worship, and ideological [freedom] are recognized without any restrictions other than those established in this Constitution and in the law” (constituteproject.org). "Chapter I: General Declarations." Constitution of the Republic of Paraguay, pp. 1-3. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzpy0009&i=2. “Paraguay 1992 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Paraguay_2011. |
Peru | Freedom of Religion | History | Peru enacted its first national constitution in 1823 which granted rights exclusively to men who held property and proved themselves to be literate(Peru, Constitutions, Encyclopedia.com). Over a century later, the 1933 Constitution of the Republic of Peru guarantees the freedom to religion in Title 14, Article 232 while protecting and maintaining Catholicism as the state religion. The current Constitution of Peru was ratified on 31 December 1993. Articles 2.2, 2.3, and 37 grant religious freedom, equality, and prohibit religious discrimination. Article 50 recognizes the Catholic Church as historically, culturally, and morally important. References: “Peru, Constitutions Encyclopedia.com.” n.d. Www.encyclopedia.com. Accessed June 20, 2024. https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts- and-maps/peru-constitutions#:~:text=The%201823%20constitution%20extended%20political. “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/COWShow?collection=cow&cow_id=326. Constitution Project. “Peru 1993 (Rev. 2021) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 24, 2022. https://www.constituteproject.org/constitution/Peru_2021?lang=en. |
Philippines | Freedom of Religion | History | The earliest assertion to the right of religion in the Philippines was presented in the 1899 Malolos Constitution. Title III, Article 5 states, “The State recognizes the freedom and equality of all beliefs, as well as the separation of Church and State.” The constitution of the Republic of the Philippines was ratified on February 2, 1987. Articles 3 section 5, 6 Section 28(3), 14 Section 3(3) grant religious freedom, equality, and prohibit discrimination. Article 3 section 5 forbids the Philippines from the establishment of a state religion. References: Official Gazette. 1899. “The 1899 Malolos Constitution GOVPH.” Official Gazette of the Republic of the Philippines. 1899. https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-constitution/. Constitutional Commission of 1986. “The Constitution of the Republic of the Philippines: Govph.” Official Gazette of the Republic of the Philippines. Last modified 2022. Accessed June 24, 2022. https://www.officialgazette.gov.ph/constitutions/1987-constitution/. |
Poland | Freedom of Religion | History | Poland’s first constitution came in the form of the “Act of the Government,” and was enacted in 1791. Title I addresses religion by naming the Catholic religion the official religion of the country. It also grants government protection to any of those who may practice another religion. Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzpl0056&id=2&collectio n=cow&index=.
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Portugal | Freedom of Religion | History | Portugal’s first constitution was enacted in 1822. Title II, Article XXV assigns the Catholic religion, Apostolic and Roman, as the nations official religion while allowing others to practice and identify with their own faiths and religions. It is important to note that this is the Political Constitution of the Portuguese Monarchy which established a constitutional monarchy. The Constitution of the Portuguese Republic was ratified on 2 April 1976. Articles 13.2, 19.6, 35.3, 41, and 59.1 grant religious freedom, equality, and prohibit religious discrimination. Article 41.4 creates a separation of Church and State. References: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/bfsprs00 09&id=941&men_tab=srchresults. Parliament of Portugal. “Constitution of the Portuguese Republic Seventh Revision.” Assembly of the Republic. Last modified 2005. Accessed June 24, 2022. https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf. |
Qatar | Freedom of Religion | History | The Constitution of Qatar Dastūr was ratified on 9 April 2004. Articles 35 and 50 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Islam the Official religion. Qatar Constitutional Committee . “The Constitution.” Government Communications Office. Last modified 2022. Accessed June 24, 2022. https://www.gco.gov.qa/wp-content/uploads/2016/09/GCO-Constitution-English.pdf. |
Republic of Ireland | Freedom of Religion | History | Ireland’s first constitution resulted from a bilateral agreement in 1922 with the British Empire that granted Ireland independent sovereignty. Article 8 of the Constitution of the Irish Free State Act states, “Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen, and no law may be made either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof or give any preference, or impose any disability on account of religious belief or religious status, or affect prejudicially the right of any child to attend a school receiving public money without attending the religious instruction at the school, or make any discrimination as respects State aid between schools under the management of different religious denominations, or divert from any religious denomination or any educational institution any of its property except for the purpose of roads, railways, lighting, water or drainage works or other works of public utility, and on payment of compensation.” References: Book (eISB), electronic Irish Statute. n.d. “Electronic Irish Statute Book (EISB).” Www.irishstatutebook.ie. Accessed June 21, 2024. https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print#:~:text=AN%20ACT%20TO%20ENACT%20 |
Republic of the Congo | Freedom of Religion | History | The first assertion of freedom of religion was in the 1991 Constitution of the Republic of the Congo under Title II, Article 26. This article articulates freedom of conscience and belief in religious and philosophical ideas and includes the specification that no one should be relieved from fulfilling a civic duty because of religious opinion. The current Constitution of the Republic of the Congo was ratified on September 22, 2015. Articles 15 and grant religious freedom, equality, and protections. The preamble, Articles 1 and 61 declare the Republic of the Congo as a secular state. Constitution of the Republic of Congo, Refworld, UNHCR 1992. https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=52930da94 https://www.constituteproject.org/constitution/Congo_2015.pdf?lang=en |
Romania | Freedom of Religion | History | Romania enacted its first constitution in 1866 which held until it was rewritten in 1923. Title II, Article XXI of the 1866 Constitution of Romania states guarantees the freedom of conscience so long as the celebration of those religions and faiths do not pose a threat to public order. It also acknowledges the Oriental Orthodox religion as the dominant religion while also asserting government oversight of the Romanian Orthodox Church, which was considered the national religion of the state at the time. Sources: “1866 CONSTITUTION.” n.d. THE ROYAL HOUSE of HOHENZOLLERN-SIGMARINGEN ROMANIA. Accessed August 3, 2024. https://www.royalhouseofromaniahohenzollern-sigmaringen.com/constitution-1866. |
Russia | Freedom of Religion | History | Russias history with the freedom of religion is somewhat complex. In its first constitution in 1906, Chapter II, Article 49 states, “Russian subjects shall enjoy liberty of conscience. The conditions under which this liberty is enjoyed shall be determined by law.” However, this does not necessarily mean there is a freedom to religion and to practice such religion. With that being said, the 1918 Declaration of the Rights of the Laboring and Exploited People does outline the freedom of religion as well as the separation of church and state, “Every citizen may profess or none at all. Any legal disabilities with the profession of any religion or none are abolished.” The Law on Freedom of Conscience and Religious Associations was ratified on September 26, 1997. This law grants religious freedom, equality, and prohibits religious discrimination. References: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/stwar000 1&id=547&men_tab=srchresults. “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=journals&handle=hein.journals/in tcon5&id=426&men_tab=srchresults. United Nations High Commissioner for Refugees. “Russia: Information on the Law ‘on Freedom of Conscience and Religious Associations’ and Its Impact on Religious Minorities.” Refworld. Canada: Immigration and Refugee Board of Canada, November 1997. Last modified November 1997. Accessed June 27, 2022. https://www.refworld.org/docid/3ae6ab968.html. |
Rwanda | Freedom of Religion | History | Rwanda’s first constitution was drafted and enacted in 1961. Within the Constitution of the Rwandan Republic, Chapter III, Article 12 asserts that the “fundamental liberties as stipulated in the Declaration of the Rights of Man shall be guaranteed to all citizens save the exceptions to be regulated by law.” The Declaration of the Rights of Man (and the Citizen) was a document drafted by France’s National Constituent Assembly in 1789 during the French Revolution. The 2003 Constitution of Rwanda was ratified on May 26, 2003. Articles 16, 37, 57, and 136 grant religious freedom, equality, and prohibit religious discrimination. Article 4 declares Rwanda a secular state. Source: J. Webster [1964] - French and English https://heinonline-org.turing.library.northwestern.edu/HOL/cowdocs?state=&tfile=cowresd0576-3.pdf Constitution Project. “Rwanda 2003 (Rev. 2015) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 27, 2022. https://www.constituteproject.org/constitution/Rwanda_2015?lang=en. |
Saint Kitts and Nevis | Freedom of Religion | History | The Saint Christopher and Nevis Constitution Order 1983 was ratified on June 23, 1983. Articles 11 and 15 grant religious freedom, equality, and prohibit religious discrimination. The National Assembly of Saint Kitts and Nevis . “Constitution of St. Christopher and Nevis.” Nevis Island Administration. Last modified October 28, 2017. Accessed June 27, 2022. https://nia.gov.kn/wp-content/uploads/2017/10/Constitution-of-St-Christopher-and-Nevis.pdf. |
Saint Lucia | Freedom of Religion | History | The Saint Lucia Constitution Order 1978 was ratified on 20th December 1978. Articles 1, 9, and 15 grant religious freedom, equality, and prohibit religious freedom. Government of Saint Lucia. Government of Saint Lucia. Last modified 2022. Accessed June 27, 2022. https://www.govt.lc/constitution1#protection1. |
Saint Vincent and the Grenadines | Freedom of Religion | History | The Saint Vincent Constitution Order 1979 was ratified on 26th July 1979. Articles 9 and 13.3 grant religious freedom and prohibit religious discrimination. The preamble declares the Supremacy of God. House of Assembly of Saint Vincent. “Constitution of Saint Vincent and the Grenadines.” Government of Saint Vincent and the Grenadines. Last modified November 11, 2005. Accessed June 27, 2022. https://www.gov.vc/images/visitors/1979_constitution.pdf. |
Samoa | Freedom of Religion | History | The Constitution of the Independent State of Samoa was ratified on May 10, 1961. Articles 11, 12, and 15 grant religious freedom, equality, and prohibit religious discrimination. The preamble declares that Samoa is based on Christian principles. Constitutional Convention of Samoa. “Constitution of the Independent State of Samoa 1960.” Government of Samoa. Government of Samoa, 2017. Last modified 2017. Accessed June 28, 2022. https://www.samoagovt.ws/wp-content/uploads/2014/07/Constitution-of-the-Independent-State-of-Samoa-1960.pdf. |
San Marino | Freedom of Religion | History | Declaration of Citizens' Rights and of the fundamental principles of the San Marinese legal order was ratified on July 8, 1974. Article 4 and 6 grant religious equality, freedom, and prohibit religious discrimination. Right of Assembly. “San Marino: Constitution - 1974.” Last modified 2022. Accessed June 28, 2022. https://www.rightofassembly.info/assets/downloads/1974_Constitution_of_San_Marino.pdf. |
Saudi Arabia | Freedom of Religion | History | King Fahd Bin Abdulaziz Al-Saud decreed the basic law of governance on March 1, 1992. Article 1 declares Saudi Arabia an Islamic State and the official religion Islam. There are no official religious freedom guaranteed in Saudia Arabi. King Fahd Bin Abdulaziz Al-Saud. “The Royal Embassy of Saudi Arabia.” Basic Law of Governance, The Embassy of The Kingdom of Saudi Arabia. Last modified March 1, 1992. Accessed June 28, 2022. https://www.saudiembassy.net/basic-law-governance. |
Senegal | Freedom of Religion | History | The Constitution of the Republic of Senegal was ratified on 7 January 2001. Articles 1, 5, 8, 22, and 24 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Senegal to be a secular state. Constitution Project. “Senegal 2001 (Rev. 2016) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 28, 2022. https://www.constituteproject.org/constitution/Senegal_2016?lang=en. |
Serbia | Freedom of Religion | History | The Constitution of the Republic of Serbia was ratified November 8, 2006. Article 5, 21, 39, 43, 44, 45, 48, 49, 57, 79, and 81 grant extensive religious freedom, equality, and prohibit religious discrimination. Article 11 declares Serbia a secular state and creates a separation of church and state. The National Assembly of the Republic of Serbia. “CALLING A REPUBLIC REFERENDUM TO ENDORSE THE NEW CONSTITUTION OF THE REPUBLIC OF SERBIA.” Government of the Republic of Serbia . Last modified 2006. Accessed June 28, 2022. http://www.parlament.gov.rs/upload/documents/Constitution_%20of_Serbia_pdf.pdf. |
Seychelles | Freedom of Religion | History | The Constitution of the Republic of Seychelles Act was ratified on June 18, 1993. The Articles 21 and 27 grant religious freedom, equality, and prohibit discrimination. Government of Seychelles . “Constitution of the Republic Seychelles (Preparation and Promulgation) Act, 1992.” Last modified 1993. https://www.gov.sc/documents/Constitution%20of%20Seychelles%20.pdf. |
Sierra Leone | Freedom of Religion | History | The Constitution of Sierra Leone was ratified on October 1, 1991. Articles 6.2, 8.3(b), 13(e), and 24 grant religious freedom, equality, and prohibit religious discrimination. Parliament of Sierra Leone. “The Constitution of Sierra Leone, 1991.” Public Sector Reform Unit. Office of the President, 2016. Last modified 2016. Accessed June 30, 2022. https://psru.gov.sl/sites/default/files/Constitution%20of%20Sierra%20Leone%201991.pdf. |
Singapore | Freedom of Religion | History | The Constitution of Singapore was ratified on 22 December 1965. Articles 12, 15, 16, and 150.5(iii) grant religious freedom, equality, and prohibit religious discrimination. Article 153 grants a provision for a council to regulate Muslim affairs. Parliament of Singapore . “CONSTITUTION OF THE REPUBLIC OF SINGAPORE.” Singapore Statutes Online. Last modified December 1, 2021. Accessed June 30, 2022. https://sso.agc.gov.sg/Act/CONS1963. The first assertion of the freedom of religion in the Republic of Singapore is in the first constitution of the Republic in 1959 after becoming independent from the United Kingdom. The right is detailed in article 15; which also details that a person may not be compelled to pay taxes for religious purposes outside his own religion as well as generally describing the freedoms of each religious group. It is important to note Singapore also records the same article in the 1963/1965 Constitution after being expelled from Malaysia. Republic of Singapore. 1959. “Singapore’s Constitution of 1959 with Amendments through 2010.” Constitute Project. 1959. https://faolex.fao.org/docs/pdf/sin132840.pdf. ———. 1965. “Constitution of the Republic of Singapore - Singapore Statutes Online.” Sso.agc.gov.sg. 1965. https://sso.agc.gov.sg/Act/CONS1963?ValidDate=20230424. The Republic of Singapore. 1963. “Singapore 1963 (Rev. 2016) Constitution - Constitute.” Www.constituteproject.org. 1963. https://www.constituteproject.org/constitution/Singapore_2016. |
Slovakia | Freedom of Religion | History | Constitution Of The Slovak Republic The articles 12.2, 24, and 25.2 grant religious freedom, equality, and prohibit religious discrimination. Article 1 states that Slovakia is not bound by any religion. National Council of the Slovak Republic. “Constitution of the Slovak Republic.” President of the Slovak Republic. Last modified 2017. Accessed June 30, 2022. https://www.prezident.sk/upload-files/46422.pdf.
The first assertion of the freedom of religion of the Slovak Republic is in the 1992 Constitution after the split of Czechoslovakia. The article 24 highlights the guarantees to the freedom of religion and indicates that the freedom may only be limited under lawful conditions of impeding on others religion. Assertions of the freedom of religion have existed in the domain of Slovakia including the 1920 Czechoslovakian constitution, the earliest instance would be the 1782 Edict of Tolerance as part of the Kingdom of Austria which included limited religious freedoms for certain religions and sects of Christianity. “Slovakia 1992 (Rev. 2017) Constitution - Constitute.” n.d. Www.constituteproject.org. Accessed August 4, 2023. https://www.constituteproject.org/constitution/Slovakia_2017. |
Slovenia | Freedom of Religion | History | The Constitution of the Republic of Slovenia was ratified on December 23, 1991. Articles 14, 16, 41, 63, and 123 grant religious freedom, equality, and prohibit religious. Article 7 separates church and state. National Assembly of the Republic of Slovenia. “THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA.” Republic of Slovenia. Last modified 2016. Accessed June 30, 2022. https://www.varuh-rs.si/en/about-us/legal-framework/the-constitution-of-the-republic-of-slovenia/. |
Solomon Islands | Freedom of Religion | History | The Solomon Islands Independence Order 1978 was ratified on 8th June 1978. Articles 3, 11, and 15.4 grant religious freedom, equality, and prohibit religious discrimination. Parliament of the Solomon Islands . “The Solomon Islands Independence Order 1978.” Last modified 1978. Accessed July 3, 2022. https://www.parliament.gov.sb/files/business&procedure/constitution.htm. |
Somalia | Freedom of Religion | History | The Provisional Federal Constitution of Somalia was ratified on August 1, 2012. Article 11 declares religious equality and prohibits religious discrimination, while article 17 declares religious freedom. Article 2 declares Islam the state religion and that no other religion can be propagated in the country. Constitution Project. “Somalia 2012 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Somalia_2012?lang=en. |
South Africa | Freedom of Religion | History | The Constitution of the Republic of South Africa was ratified on December 18, 1996. Articles 9, 15, and 31 grant religious freedom, equality, and prohibit religious discrimination. Government of South Africa . “The Constitution of the Republic of South Africa.” South African Government. Last modified 2003. Accessed July 5, 2022. https://www.gov.za/documents/constitution/constitution-republic-south-africa-1996-1#:~:text=The%20Constitution%20of%20the%20Republic%20of%20South%20Africa%2C%201996%2C%20was,the%20provisions%20of%20the%20Constitution. |
South Korea | Freedom of Religion | History | The Constitution of the Republic of South Korea was ratified on July 12, 1948. Articles 11 and 20.1 grant religious freedom, equality, and prohibit religious discrimination. Article 20.2 declares a separation between church and state. The National Assembly of the Republic of Korea. “Constitution of South Korea .” Last modified 1987. Accessed July 5, 2022. https://korea.assembly.go.kr:447/res/low_01_read.jsp?boardid=1000000035. |
South Sudan | Freedom of Religion | History | The Transitional Constitution of the Republic of South Sudan was ratified on July 9, 2011. Articles 8.2, 14, 23, 29.1, 31.1(e), 122.5(a), 139(d), 169.6, and 190(a) grant religious freedom, equality, and extensively prohibit religious discrimination. Article 8.1 declares a separation between church and state. Constitution Project. “South Sudan 2011 (Rev. 2013) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/South_Sudan_2013?lang=en. |
Spain | Freedom of Religion | History | Spain’s earliest iteration of its constitution was the Bayonne Constitution in 1808. Article 21 of the First Title of the Constitution of 1869 states, “The Nation is obligated to maintain the faith and the ministers of the Catholic religion. The public or private exercise of any other faith is guaranteed to all foreigners resident in Spain, without greater limitations than the universal rules of morality and of the law.” If any Spanish citizen also chooses to exercise a religion that is not Catholic, they also enjoy the same freedoms as foreigners that practice alternative religions. Here, there is freedom of religion but there is not necessarily a separation of church and state. Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzes0128 &id=6&men_tab=srchresults. |
Sri Lanka | Freedom of Religion | History | Following its conversion to a republic within the British Commonwealth, Sri Lanka’s 1972 constitution was enacted. Chapter IV, Section 18 outlines the rights and freedoms guaranteed by the government and states, “every citizen shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to have or to adopt a religion or belief of his choice, and the freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.” Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzlk0078&id=22&collection=cow&index=. |
Sudan | Freedom of Religion | History | Articles 4, 41, 43, 48, 56, 62.1, and 66 grant religious freedoms, equality, and prohibit religious discrimination. There is no mention of Islam and Sharia Law, which was a corner stone in their previous constitution. Constitution Project. “Sudan 2019 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Sudan_2019?lang=en. |
Suriname | Freedom of Religion | History | The Constitution of the Republic of Suriname was ratified on 30 September 1987. Articles 8.2, 18, and 28 grant religious freedom, equality, and prohibit religious discrimination. Constitution Project . “Suriname 1987 (Rev. 1992) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Surinam_1992?lang=en. |
Sweden | Freedom of Religion | History | The Constitution of Sweden was ratified in 1974, and came into force on January 1, 1975. Chapter 1 Article 2, Chapter 2 Article 1.6, 2, 21, 23, and Chapter 7 Article 4.11 grant religious freedoms, equality, and prohibit religious discrimination. Riksdag. “The Constitution of Sweden.” Last modified 2016. Accessed July 5, 2022. https://www.riksdagen.se/globalassets/07.-dokument--lagar/the-constitution-of-sweden-160628.pdf. |
Switzerland | Freedom of Religion | History | The Federal Constitution of the Swiss Confederation was ratified on 12 September 1848. Articles 8.2 and 15 grants religious freedom and prohibit religious discrimination. Article 72 leaves the regulation of religion to preserve public peace to the cantons. The Federal Constitution. “Federal Constitution of the Swiss Confederation.” Last modified February 13, 2022. Accessed July 5, 2022. https://www.fedlex.admin.ch/eli/cc/1999/404/en. |
Syria | Freedom of Religion | History | The Constitution of the Syrian Arab Republic was ratified on February 26, 2012. Articles 3 and 33.3 grant religious freedom and prohibit religious discrimination. Article 3 also declares the president must me Islamic and Islam Jurisprudence or Sharia is the main source of legislation. Constitution Project. “Syrian Arab Republic 2012 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Syria_2012?lang=en. |
São Tomé and Príncipe | Freedom of Religion | History | The constitution of The Constitution of the Democratic Republic of São Tomé and Príncipe was ratified on November 5, 1975. Articles 15.1, and 27 guarantee religious freedom, equality, and prohibit religious discrimination. Article 8 creates a separation of church and state; and Article 154(b) declares the state to be secular. Constitution Project. “Sao Tome and Principe 1975 (Rev. 2003) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 28, 2022. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_2003?lang=en. |
Tajikistan | Freedom of Religion | History | The first assertion of the freedom of religion in Tajikistan is the 1994 Constitution post-independence from the Soviet Union. The right is found in article 26 which allows the individual, or group to adhere to any religion or none. An amendment to current law (enforced in January 2018) permits restrictions on religious activity for the sole purpose of ensuring the rights and freedoms of others, as well as banning one religious sect from being state ideology (U.S. Department of State, "2018 Report on International Religious Freedom: Tajikistan"). |
Tanzania | Freedom of Religion | History | The first assertion of the freedom of religion in Tanzania is the 1977 constitution after the unification of the states of Tanganyika and Zanzibar after their independence from the United Kingdom. Article 9, 13, 19, and 39.2 grants religious freedom, equality, and prohibit religious discrimination. The preamble and article 3 declare Tanzania to be secular. https://www.constituteproject.org/constitution/Tanzania_2005 THE UNITED REPUBLIC OF TANZANIA Office of The Attorney General. “The Constitution of the United Republic of Tanzania of 1977.” Last modified 2005. Accessed July 5, 2022. https://oagmis.agctz.go.tz/portal/constitutions/eyJpdiI6IkFmY0NLQ1wvQWJsUmliZWUxbWh1MVpnPT0iLCJ2YWx1ZSI6IlIwdWx4VnQ3a3plWnFqb0pjcnlvQlE9PSIsIm1hYyI6ImEwNTQxYzdhNTIxMThlYWJlNzU3Mzc5NzZkMmRiYWJkODc4Nzc1ZjVjYjY0NTQ5OTQxYzg3NmYwMDZlN2Y5ZjkifQ== |
Thailand | Freedom of Religion | History | The first assertion of the freedom of religion in Thailand is the 1932 constitution which asserts the freedom of religion in Section 13. Section 13 highlights the freedom of worship and belief but limits the freedom ‘if contrary to the duties of a national or to public order or public morals’. https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf |
The Bahamas | Freedom of Religion | History | The Constitution of The Commonwealth of The Bahamas was ratified on July 10th 1973. Article 22 protects freedom of religion. The preamble does specifically mention Christian values and the supremacy of God. Constitution Project. “Bahamas (the) 1973 Constitution.” Constitute, POGO, 27 Apr. 2022, https://www.constituteproject.org/constitution/Bahamas_1973?lang=en.
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The Gambia | Freedom of Religion | History | The Gambia Independence Order of 1965, written on January 29th, 1965, and presented to the British Parliament in the same year, protects and guarantees the right to freedom of religion in Gambia. Article 19 deals with freedom of conscience and its six sections address freedom of religion, granting it to all citizens (“The Gambia Independence Order” 1965). Under the 2020 Constitution of the Gambia Articles 1.3, 4.d, 12, 32, 49, 67, 69, 274.1(d), and 296.2(d) offer extensive religious protections and prohibit religious discrimination, and Articles 88.5(b) and 153.2(b) declare that the president and national assembly may not establish a national religion. “The Gambia Independence Order” 1965. Citizenshiprightsafrica.org http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Gambia-Constitution-1965.pdf Constitution Project “Gambia (the) 2020 Constitution.” Constitute. POGO, April 27, 2022. https://www.constituteproject.org/constitution/Gambia_2020D?lang=en#:~:text=Gambia%20(The)%202020%20Constitution%20%2D%20Constitute. |
Togo | Freedom of Religion | History | The first assertion of the freedom of religion in Togo would be the Constitution de la République Togolaise, 5 mai 1963 (5th of May, 1963). https://www.loc.gov/resource/amedscd.2008700247/?sp=7&r=-1.395,-0.017,3.789,1.703,0 |
Tonga | Freedom of Religion | History | The first assertion of religious freedom is seen under Part I, Article 5, in the 1875 Constitution of Tonga. This article protects the freedom of worship. Under Article 6, is also the protection to keep the Sabbath Day holy. Constitute Project. 1875 Constitution of Tonga. (rev. 2013) https://www.constituteproject.org/constitution/Tonga_2013 |
Trinidad and Tobago | Freedom of Religion | History | The first assertion of Religious Freedom is in the 1976 Constitution of the Republic of Trinidad and Tobago in Chapter 1, Part 1, Article 4, Point H. This article asserts multiple human rights and guarantees equality regardless of religion, as well as the protection of freedom of conscience and religious belief and observance. The Verification Research, Training and Information Centre. Laws of Trinidad and Tobago. Constitution of 1976. https://www.vertic.org/media/National%20Legislation/Trinidad_and_Tobago/TT_Constitution.pdf |
Tunisia | Freedom of Religion | History | Under Chapter I, Article 5, Freedom of religion is asserted in the Constitution of the Republic of Tunisia. Article 5 specifically guarantees fundamental freedoms and human rights, covering Freedom of religion and conscience in the last point made, “provided it does not not disturb public order." Constitute Project. 1959 Constitution of the Republic of Tunisia. https://www.constituteproject.org/constitution/Tunisia_2008 |
Turkey | Freedom of Religion | History | In the 1961 Constitution of The Turkish Republic, Freedom of religion is asserted as Freedom of thought and faith, under Section II, Part IV, Article 19. This Article protects citizens from being compelled to worship, and also guarantees them the choice of faith and practices of worship. It also mentions “no person shall be reproached for his religion or faith; and no person shall be allowed to exploit and abuse religion for the purpose of political or personal benefit.” 1961 Constitution of the Turkish Republic. https://www.anayasa.gen.tr/1961constitution-text.pdf |
Turkmenistan | Freedom of Religion | History | In the 2008 Constitution of the Turkish Republic, Freedom of Religion is covered under Section I, Article 12. This constitution established the state as secular, and guaranteed equality regardless of religion, separation of church and state, and the right to declare any religion or none under Article 12. Constitute Project. Constitution of Turkmenistan 2008. https://www.constituteproject.org/constitution/Turkmenistan_2008 |
Tuvalu | Freedom of Religion | History | The assertion of religious freedom is covered within the first constitution of Tuvalu, Under Part II, Division 3, Article 23, upon gaining independence from the United Kingdom in 1978. This article guarantees freedom of belief, including religion, and articulates the responsibilities and rights of religious groups and education, protection from conformity, as well as circumstantial provisions of this freedom. International Labour Organization. Constitution of Tuvalu 1978. 2008 rev. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/3899/95791/F656430737/TUV3899.pdf |
Uganda | Freedom of Religion | History | In the 1962 Constitution of Uganda, Freedom of Religion is asserted in Chapter III, Article 25. Freedom of thought, conscience, and religion are all covered under this Article, and also the freedom to change belief and religion. This the first constitution of Uganda following their independence in 1962. World Statesman. Uganda Constitutional Instruments and Independence Order. 1962. https://www.worldstatesmen.org/Uganda-const-1962.pdf |
Ukraine | Freedom of Religion | History | Under Title II, Article 35, Freedom of religion is first asserted in the 1996 Constitution of Ukraine. This Article addresses guaranteed protection of choice and practice of worship, separation of church and state, and asserts alternatives in the case of conscientious objection to military service. Food and Agriculture Organization of the United Nations. Constitution of Ukraine. 1996. https://faolex.fao.org/docs/pdf/ukr127467E.pdf |
United Arab Emirates | Freedom of Religion | History | In the 1971 Constitution of the United Arab Emirates, under Part Three, Article 32, freedom to exercise religious worship is guaranteed as long as it is in accordance with established customs and does not conflict with public policy or morals. Equality regardless of religion is asserted under Article 25, however, islam is declared the official religion under Article 7. Ref World. Constitution of the United Arab Emirates 1971. https://www.refworld.org/docid/48eca8132.html |
United Kingdom | Freedom of Religion | History | The Toleration Act of 1689 allowed nonconformist religions, with the exception of Roman Catholicism, to practice. However, social penalties still persisted (U.K. Parliament, "Catholics and nonconformists"). The Human Rights Act of 1998 established the fundamental rights of citizens within the UK, including freedom of religion (Equality and Human Rights Commission, "The Human Rights Act," Article 9). |
United States | Freedom of Religion | History | Article 1 of the Bill of Rights in the Constitution establishes freedom of religion and its expression. Article 1 also prevent congress from declaring an official religion. United States Senate . “Constitution of the United States of America.” Last modified 2021. Accessed July 6, 2022. https://www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf. |
Uruguay | Freedom of Religion | History | The Constitution of the Eastern Republic of Uruguay was ratified in 1830. Article 5 grants freedom of religion. Article 5 declares the state supports no religion. Constitution Project. “Uruguay 1966 (Reinst. 1985, Rev. 2004) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Uruguay_2004?lang=en. |
Uzbekistan | Freedom of Religion | History | The first assertion of religious freedom within Uzbekistan was in the 1992 Constitution, under Part Two, Chapter 7, Article 31. This article protects the right to profess or not profess any religion, and declares any compulsory imposition of religion impermissible. United Nations. The Permanent Mission of the Republic of Uzbekistan to the United Nations. Constitution of the United Nations. 1992. https://www.un.int/uzbekistan/uzbekistan/constitution-republic-uzbekistan |
Vanuatu | Freedom of Religion | History | Freedom of Religion is asserted in the 1980 Constitution of Vanuatu under Chapter 2, Part I, Article 5, Subject 1.F. This article covers multiple fundamental rights and freedoms, and guarantees equality regardless of religion. Subject 1.F specifies freedom of conscience and worship. Constitute Project. 1980 Constitution of Vanuatu. https://www.constituteproject.org/constitution/Vanuatu_2013 |
Venezuela | Freedom of Religion | History | Venezuela’s first constitution was officially written in 1811 which included the “Declaration of Rights, by the Supreme Congress of Venezuela” which affirmed the Catholic Apostolic Religion as the only religion allowed to be practiced in the country. In 1864, the Constitution of the United States of Venezuela allowed religious freedom under the condition that, “only those belonging to the Roman Catholic Apostolic religion can perform public worship outside of the churches.” The 1881 Constitution of the United States of Venezuela subsequently altered the assertion of the right with Chapter III, Article 13 stating, “Religious liberty.” This phrasing was used until the adoption of the 1904 constitution that guarantees, “Religious freedom according to the laws and under the Supreme inspection of the President of the Republic,” which connotes certain limits on religion. It was only until the adoption of the 1961 Constitution of the Republic of Venezuela that the freedom “to profess his religious faith and to practice his religion privately or publicly” was added to the preceding canon. Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0005 &id=5&men_tab=srchresults. “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0007 &id=7&men_tab=srchresults. “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0135&id=11&men_tab=srchresults.
Constitution Project. “Venezuela (Bolivarian Republic of) 1999 (Rev. 2009) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Venezuela_2009?lang=en. |
Vietnam | Freedom of Religion | History | Freedom of religion is covered in the 1946 Constitution of Vietnam. Equality regardless of religion is guaranteed in the preamble, and in Chapter I, Article 1. Chapter 2, Article 10 grants (iv) the freedom of belief to all Vietnamese citizens. Bloomsbury Professional Media. Vietnam Constitution 1946. https://media.bloomsburyprofessional.com/rep/files/vietnam-constitution-1946x.pdf |
Yemen | Freedom of Religion | History | In the 1991 Constitution of Yemen, Islam is declared the state religion. Freedom of religion is not mentioned explicitly, however article 27 asserts that all citizens are equal and shall not be discriminated against regardless of religion. Human Rights Library. Constitution of Yemen 1991. http://hrlibrary.umn.edu/research/yemen-constitution.html |
Zambia | Freedom of Religion | History | Freedom of Religion is asserted in the 1964 Constitution of Zambia under Chapter III, Section 13, Article 21. This article asserts freedom to choose a religion, worship in a group or private setting, and manifest or propagate his religion and its practices. It also prevents forced religious instruction in schools and prohibits prevention of practice. The current Constitution of Zambia was ratified on January 5, 2016. The preamble asserts the protection of freedom of religion, while also declaring Zambia a Christian Republic. Articles 8(d), 118.2(a), and 173.3(a) prohibit discrimination and article 266 defines discrimination to include religious discrimination. World Statesman. Constitution of Zambia 1964. https://www.worldstatesmen.org/Constitution-Zambia1964.pdf Parliament of Zambia . “Government of Zambia Act -.” Last modified January 5, 2016. Accessed July 6, 2022. https://www.parliament.gov.zm/sites/default/files/documents/amendment_act/Constitution%20of%20Zambia%20%20(Amendment),%202016-Act%20No.%202_0.pdf. |
Zimbabwe | Freedom of Religion | History | In the 1964 Constitution of Rhodesia, freedom of religion is asserted in Part 2, Chapter VII, Article 72. When Zimbabwe became an independent state in 1980, The Constitution asserted religious freedom Under Chapter III, Article 19. The current Constitution of Zimbabwe was ratified on 16 March 2013. Articles 5(ciii), 56.3, and 60 grant religious freedoms, equality, and prohibit religious discrimination. World Statesman. Constitution of Rhodesia. 1965. https://www.worldstatesmen.org/Rhodesia_1965.pdf Refworld. Constitution of Zimbabwe. 1980. https://www.refworld.org/docid/3ae6b5720.html Parliament of Zimbabwe . “Constitution of Zimbabwe.” Last modified August 9, 2021. Accessed July 6, 2022. https://parlzim.gov.zw/download/constitution-of-zimbabwe-amendment-no-20-14-05-2013/. |
Afghanistan | Freedom of the Press | History | Article 31 of the 1964 Afghanistan Constitution states that “every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution” (University of Nebraska, “Constitution of Afghanistan,” 1964) . Every Afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Directives related to the press, radio and television as well as publications and other mass media shall be regulated by law.” This clause is now located in Article 34 of the 2004 Afghanistan Constitution (Constitute Project, “Afghanistan’s Constitution of 2004” ). References: 1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish 2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en |
Albania | Freedom of the Press | History | According to Article 197 of the 1928 Fundamental Statute of the Kingdom of Albania: "Freedom of speech and of the press is guaranteed, and a censorship may not be instituted, except in case of war mobilisation or other extraordinary event defined by the law. The regulation of the press, the confiscation of press matter and the prosecution of the press are determined by law." Article 53 of the 1976 Albanian Constitution states that “citizens enjoy the freedom of speech, the press, organization, association, assembly and public manifestation. The state guarantees the realization of these freedoms, it creates the conditions for them, and makes available the necessary material means” (“The Albanian Constitution of 1976) . Today, Part 2, Article 22 of the 1998 Albanian Constitution recognizes freedom of the press, radio, and television as part of its list of “Fundamental Human Rights and Freedoms”. Article 22 also states that “Prior censorship of means of communication is prohibited” (Constitute Project, Albania's Constitution of 1998 with Amendments through 2012” ). References: 1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html Albania Constitution (1976): https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf Albania Constitution (1998): https://www.constituteproject.org/constitution/Albania_2016?lang=en. |
Algeria | Freedom of the Press | History | Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly” (Middle East Journal, 1963) . Today, Article 54 of the Algerian Constitution protects freedom of the press, stating that “freedom of the press, be it written, audiovisual, or on media networks, shall be guaranteed equally for all public and private media outlets. It shall not be restricted by any form of prior censorship” (Constitute Project, “Algeria 2020” ). References: “The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450. “Algeria 2020 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Algeria_2020?lang=en. |
Andorra | Freedom of the Press | History | Article 12 of the 1993 Andorran Constitution states that Freedoms of expression, of communication and of information are guaranteed. The law shall regulate the right of reply, the right of correction and professional secrecy” (Constitute Project, “Andorra’s 1993 Constitution”). https://www.constituteproject.org/constitution/Andorra_1993?lang=en. |
Angola | Freedom of the Press | History | Article 35 of the 1992 Constitution marked Angola’s first explicit legal mention of freedom of the press: “Freedom of the press shall be guaranteed and may not be subject to any censorship, especially political, ideological or artistic. The manner of the exercise of freedom of the press and adequate provisions to prevent and punish any abuse thereof shall be regulated by law” (“Constitutional Law of the Republic of Angola 1992” ). Today, Article 44 of the 2010 Angolan Constitution maintains that “freedom of the press shall be guaranteed, and may not be subject to prior censorship, namely of a political, ideological or artistic nature” (Constitute Project, “Angola’s 2010 Constitution”). References: 1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf 2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010 |
Antigua and Barbuda | Freedom of the Press | History | Schedule 1, Chapter II of Antigua and Barbuda’s Constitution titled “Protection of Fundamental Rights and Freedoms of the Individual” explicitly protects freedom of the press (Political Database of the Americas, “The Antigua and Barbuda Constitutional Order 1981” ). References: “Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html. |
Argentina | Freedom of the Press | History | According to Article 161 of the 1826 Argentina Constitution, "The liberty of publishing his ideas through the medium of the Press, which is a right as valuable to Man, as it is essential to the preservation of civil liberty, shall be fully guaranteed by the Laws" Article 32 of the 1853 Argentinian Constitution states that “the Federal Congress shall not enact laws that restrict the freedom of the press or that establish federal jurisdiction over it” (Constitute Project, “Argentina's Constitution of 1853, Reinstated in 1983, with Amendments through 1994” ). References: Constitution of the Argentine Republic, 1826, English translation of the original Constitution of 1826. 956 (2010) Section VIII: General Regulations: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzar0004&id=15&collection=cow&index= “Argentina 1853 (Reinst. 1983, Rev. 1994) Constitution.” Constitute: https://www.constituteproject.org/constitution/Argentina_1994?lang=en |
Armenia | Freedom of the Press | History | The 1990 Declaration of Independence of Armenia guaranteed freedom of the press. Article 24 of the 1995 Constitution of Armenia asserted freedoms relevant to freedom of the press: "Everyone is entitled to assert his or her opinion. No one shall be forced to retract or change his or her opinion. Everyone is entitled to freedom of speech, including the freedom to seek, receive and disseminate information and ideas through any medium of information, regardless of state borders." After amendment in 2005, additional language relevant to freedom of the press was added to the Constitution of Armenia: "Freedom of mass media and other means of mass information shall be guaranteed. The state shall guarantee the existence and activities of an independent and public radio and television service offering a variety of informational, cultural and entertaining programs." Article 42 of the Constitution of Armenia after amendment in 2015 state the right explicitly: "The freedom of the press, radio, television and other means of information shall be guaranteed. The State shall guarantee the activities of independent public television and radio offering diversity of informational, educational, cultural and entertainment programmes." References: Armenian Declaration of Independence: https://www.gov.am/en/independence/ "Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng "Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng "Amendments to the Constitution of the Republic of Armenia" (2015): http://www.parliament.am/legislation.php?sel=show&ID=5805&lang=eng |
Australia | Freedom of the Press | History | Australia has no formal protection of press freedom in its constitution (Australian Human Rights Commission). Australia’s High Court has ruled that an “implied freedom of political communication exists as an indispensable part of the system of representative government created by the Constitution” in Nationwide News Pty Ltd v Wills (1992), Australian Capital Television Pty Ltd v the Commonwealth (1992), and Unions NSW v New South Wales (2013). References: “Freedom of Information, Opinion and Expression.” The Australian Human Rights Commission: https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-information-opinion-and-expression |
Austria | Freedom of the Press | History | Article 13 of Austria’s 1867 “Basic Law on the General Rights of Nationals in the Kingdoms and Länder represented in the Council of the Realm” states that “Everyone has the right within the limits of the law freely to express his opinion by word of mouth and in writing, print, or pictorial representation. The Press may be neither subjected to censorship nor restricted by the licensing System. Administrative postal distribution vetoes do not apply to inland publication” (Basic Law of 21 December 1867) . References: 1867 Basic Law: https://www.servat.unibe.ch/icl/au03000_.html |
Azerbaijan | Freedom of the Press | History | Article 50 of the Azerbaijan Constitution of 1995 states “The freedom of mass media is guaranteed. State censorship of mass media, including print media, is forbidden” (Constitute Project, “Azerbaijan's Constitution of 1995 with Amendments through 2016” ). References: “Azerbaijan 1995 (rev. 2016).” Constitute. https://www.constituteproject.org/constitution/Azerbaijan_2016 Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. |
Bahrain | Freedom of the Press | History | Article 24 of the 1973 Bahrain Constitution states that “Freedom of the press, printing and publication shall be guaranteed in accordance with the conditions and procedure specified by the law.” References: “Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html |
Bangladesh | Freedom of the Press | History | Article 39 of the 1972 Bangladesh Constitution states that “(1) Freedom or thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-(a) the right of every citizen of freedom of speech and expression; and freedom of the press, are guaranteed." References: http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf |
Barbados | Freedom of the Press | History | Barbados’s 1966 Constitution does not explicitly protect freedom of the press, but includes freedom to “receive” and “communicate ideas and information without interference” in its protection of freedom of expression (Political Database of the Americas, “Constitution of 1966” ). References: https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html |
Belarus | Freedom of the Press | History | Article 33 of Belarus’s 1994 Constitution bans censorship and mass media monopolies, whether state mass media monopolies or otherwise References: 1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults 1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e |
Belgium | Freedom of the Press | History | Article 23 of the 27 October 1830 Draft Constitution of Belgium states that “The press is free. Censorship [la censure] should never be established, and cautioning of writers, editors or printers may not be demanded.” Article 18 of the 1831 Belgium Constitution guaranteed freedom of the press using similar language. References: English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults 1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831 |
Belize | Freedom of the Press | History | While press freedom was not explicitly protected in the 1981 Constitution of Belize, it is reasonable to infer that the broadly drawn protections of freedom of expression encompass freedom of the press as well. The guarantee refers to the protection of communication generally, "whether the communication be to the public generally or to any person or class of persons." The exceptions that it offers are also suggestive of application to the press, in its reference to the potential for the coexistence of freedom of expression with law "that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication...." References: 1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html |
Benin | Freedom of the Press | History | Article 7 of the 1964 Constitution of the Republic of Dahomey guaranteed freedom of the press. Benin protects freedom of the press under Article 24 of its 1990 Constitution: “Freedom of the press shall be recognised and guaranteed by the state. It shall be protected by the High Authority of Audio-Visuals and Communications under the conditions fixed by an organic law.” References: 1964 Constitution of the Republic of Dahomey: English translation of the French original text fo the Constitution of 1964 152 (2011) Title II: The Rights and Duties of the Citizen: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbj0002&id=2&men_tab=srchresults 1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf |
Bhutan | Freedom of the Press | History | Article 7, Section 5 of Bhutan’s 2008 Constitution protects freedom of the press: “There shall be freedom of the press, radio and television and other forms of dissemination of information, including electronic” (Constitute Project, “Bhutan's Constitution of 2008” ). References: Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008 |
Bolivia | Freedom of the Press | History | Article 145 of the 1826 Draft Constitution for the Republic of Bolivia states: "Every Person may communicate his thoughts, verbally or in writing, or publish them through the medium of the Press, 'without previous censorship; but under the responsibility which the Law may determine." Furthermore, Article 59 of the 1826 Draft Constitution described as among the duties of the Chamber of Censors, "To protect the Liberty of the Press, and to appoint the Judges who are to decide in the last instance, upon the Judgments respecting it." Protection of press freedom is detailed in Article 106, Section III of the 2009 Bolivian Constitution: “The State guarantees freedom of expression and the right to communication and information to workers of the press” (Constitute Project, “Bolivia (Plurinational State of)'s Constitution of 2009” ). References: 1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults “Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009 |
Bosnia and Herzegovina | Freedom of the Press | History | In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." According to Section 12 of the 1910 Constitution of Bosnia and Herzegovina, "The right to express his opinion freely, verbally, in writing, print, or illustration is granted to every individual, without prejudice to the legal regulations dealing with the abuse of this right. The censorship of the press is, and remains, abolished." Bosnia and Herzegovina’s 2009 Constitution protects freedom of expression in general, but does not mention freedom of the press specifically. However, Article 4 of the 2002 Law on Communications recognizes freedom of expression across broadcasting and telecommunications (Office of the High Representative, “Law on Communications of Bosnia and Herzegovina”). References: 1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults# “Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en. Office of the High Representative, “Law on Communications of Bosnia and Herzegovina”: https://www.ohr.int/ohr-dept/legal/laws-of-bih/pdf/011%20-%20PUBLIC%20INFORMATION/RTV-Communications/BH/HR%20DECISION%20ENACTING%20THE%20LAW%20ON%20COMMUNICATIONS%20OF%20BH%2052-02.pdf |
Botswana | Freedom of the Press | History | While press freedom was not explicitly protected in the 1966 Constitution of Botswana, it is reasonable to infer that the broadly drawn protections of freedom of expression encompass freedom of the press as well. The guarantee refers to the protection of communication generally, "whether the communication be to the public generally or to any person or class of persons." The exceptions that it offers are also suggestive of application to the press, in its reference to the potential for the coexistence of freedom of expression with law "that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television: " References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana |
Brazil | Freedom of the Press | History | Article 179 of the 1824 Political Constitution of the Empire of Brazil stated: "All are permitted to communicate their thoughts by words, writings and by publications in print without dependence upon censorship, the while they must respond for the abuses they may commit in the exercise of this right, in the cases and manner to be determined by law." Today, press freedom is protected under Chapter I, Article 5 of the 1988 Constitution: “expression of intellectual, artistic, scientific, and communication activity is free, independent of any censorship or license” (Constitute Project, “Brazil's Constitution of 1988 with Amendments through 2017” ). References: 1824 Political Constitution of the Empire of Brazil : English original text of the Constitution of 1824 250 (2010) Title VIII: General Provisions and Guarantees of the Civil and Political Rights of Brazilian Citizens https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0040&id=14&men_tab=srchresults 1988 Brazil Constitution: https://constituteproject.org/constitution/Brazil_ 2017? lang=en |
Brunei | Freedom of the Press | History | The Brunei Constitution contains no protections for freedom of the press and grants the government powers for “censorship, the control and suppression of publications, writings, maps, plans, photographs, communications and means of communication” in states of emergency” (Constitute Project, “Brunei Darussalam's Constitution of 1959 with Amendments through 2006” ). References: 1959 Constitution of Brunei Darussalam, with Revisions to 2006: https://www.constituteproject.org/constitution/Brunei_2006 |
Bulgaria | Freedom of the Press | History | The first mention of freedom of the press appeared in Article 79 of the 1879 Tarnovo Constitution: "The Press is free; no censorship can be instituted, and no caution can be required from authors, editors, or publishers. If the author be well known and resides within the Principality no action can be brought against the editor, the publisher, or the salesman." Article 80 offered a modification concerning certain religious texts: "Holy Scripture, prayer-book, and catechisms destined for use in the churches of the Orthodox rite, as also treatises of ecclesiastical law destined for use in Orthodox schools, have to be previously submitted to the approval of the Holy Synod." Today, press freedom is protected under Article 40 of the 1991 Constitution: “The press and the other mass information media shall be free and shall not be subjected to censorship” (Constitute Project, “Bulgaria's Constitution of 1991 with Amendments through 2007” ). References: 1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XII: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=7&men_tab=srchresults 1991 Bulgaria Constitution: https://www.constituteproject.org/constitution/Bulgaria_2015?lang=en. |
Burkina Faso | Freedom of the Press | History | Article 13 of the 1970 Constitution of Upper Volta stated: "Citizens shall enjoy freedom of speech, press, assembly, association, procession and demonstration in the conditions laid down by law. The exercise of these rights shall be limited only by the freedom of others, security and public order" Article 8 of Burkina Faso’s 1991 Constitution protects freedom of the press: “The freedoms of opinion, of the press and the right to information are guaranteed” (Constitute Project, “Burkina Faso's Constitution of 1991 with Amendments through 2012” ). References: 1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults “Burkina Faso 1991 (Rev. 2012) Constitution.” https://www.constituteproject.org/constitution/Burkina_Faso_2012 |
Burundi | Freedom of the Press | History | According to Article 17 of the 1962 Constitution, "The press shall be free except for the restrictions instituted by law. Laws shall punish severely any attempt against the security of the State." Title XII, Article 284 of Burundi’s 2005 Constitution protects freedom of the press through the National Council of Communication: “The National Council of Communication has, to the effect, a power of decision notably in the matter of the respect for and the promotion of the freedom of the press and the equitable access of the diverse political, social, economic and cultural opinions to the public media” (Constitute Project, “Burundi's Constitution of 2005” ). While this clause does not appear in today’s 2018 Constitution, the National Communication Council is still referenced and maintains similar responsibilities (Constitute Project, “Burundi’s Constitution of 2018) . References: English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21 https://heinonline-org.proxygw.wrlc.org/HOL/Pagecollection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults "Burundi 2005 Constitution": https://constituteproject.org/constitution/Burundi_2005 “Burundi 2018 Constitution.” Constitute. Last modified 2018. https://www.constituteproject.org/constitution/Burundi_2018?lang=en. |
Cambodia | Freedom of the Press | History | Cambodia originally protected freedom of the press under Section 2, Article 9 of its 1947 Constitution: “Every Cambodian is free to speak, write, print and publish. He may, either by way of the press or any other means express, spread, defend every opinion so long as he makes no unauthorized use of that right or does not tend to disturb the public order.” According to Chapter III, Article 41 of the 1993 Cambodian Constitution: "Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security. The regime of the media shall be determined by law." References: 1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf 1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 |
Cameroon | Freedom of the Press | History | The 1961 Cameroon Constitution offered a general guarantee of those rights in the UDHR (of which one is freedom of the press): "The Federal Republic of Cameroon is democratic, secular and social. It shall ensure the equality of all citizens before the law. It affirms its adherence to the fundamental freedoms set out in the Universal Declaration of Human Rights and the Charter of the United Nations." However, the 1961 Constitution did not discuss the right to freedom of the press specifically. Freedom of the press is specifically guaranteed in the 1972 Cameroon Constitution: "the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law" References: 1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf 1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en |
Canada | Freedom of the Press | History | Freedom of the press is protected under section 2(b) of Canadian Charter on Rights and Freedoms as part of the Constitution Act of 1982: “Everyone has the following fundamental freedoms: • (a) freedom of conscience and religion; • (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; • (c) freedom of peaceful assembly; and • (d) freedom of association.” References: Constitution Act of 1982: https://laws-lois.justice.gc.ca/pdf/const_e.pdf |
Cape Verde | Freedom of the Press | History | Cape Verde protects press freedom under Article 45 of its 1980 Constitution: “Everyone shall have the freedom to inform and to be informed, obtaining, receiving, and giving out information and ideas in any form without limitation, discrimination, or impediment” (Constitute Project, “Cape Verde's Constitution of 1980 with Amendments through 1992” ). References: Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992 |
Central African Republic | Freedom of the Press | History | Article 13 of the 1994 Constitution stated "Freedom of the press is recognised and guaranteed. It is exercised within the conditions fixed by law. The exercise of this liberty and equal access for all to the medias of the state are assured by an independent organ, the status of which is fixed by law." Article 15 of the current 2016 Constitution states that “the freedom of the press is recognized and guaranteed. It is exercised within the conditions established by the law” (Constitute Project, “Central African Republic's Constitution of 2016” ). References: Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf “Central African Republic 2016 Constitution.” Constitute. Last modified 2016. https://www.constituteproject.org/constitution/Central_African_Republic_2016 |
Chad | Freedom of the Press | History | Chad’s 1959 first protected freedom of the press under Article 5: “the press is free, whatever its mode of expression may be. The conditions of the exercise of the freedom of the press are determined by the law” Today, press freedom is protected under Title II, Article 28 of the 2018 Constitution: “The freedoms of opinion and of expression, of communication, of conscience, of religion, of the press, of association, of assembly, of movement, and of demonstration are guaranteed to all” (Constitute Project, Chad's Constitution of 2018) . References: 1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults 2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en |
Chile | Freedom of the Press | History | Chile originally protected freedom of the press under Article XXIII of its 1812 Provisional Constitutional Regulations: “The press will enjoy a legal liberty; and so that it does not generate a damaging [nociva] license concerning religion, customs and [the] honor of the citizens and of the country, regulations [reglas] will be prescribed by the Government and Senate.” Today, Chapter III, Article 19 of Chile’s 1980 Constitution protects press freedom: “Freedom to express opinions and to inform, without prior censorship, in any form and by any means, notwithstanding the liability for crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which shall be of qualified quorum. In no case may the law establish a state monopoly over the mass media.” (Constitute Project, “Chile's Constitution of 1980 with Amendments through 2021” ). References: "Provisional Constitutional Regulation, 26/27 October 1812," Provisional Constitutional Regulation, 26/27 October 1812 (1812): 1-10: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0108&id=9&men_tab=srchresults 1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021 |
China | Freedom of the Press | History | One of the earliest references to press freedom came about in 1904, when “the newspaper Dongfang Zazhi (The Eastern Miscellany) published a leading article arguing that in a country where people were allowed to express their opinions freely, its citizens were wiser than those who lived in a country where press freedom was not guaranteed.” This article echoed the sentiment of many leading Chinese intellectuals at the time (Guo 89-90, 2020) . Four years later, the 1908 Memorial and Edict on Constitutional Government stated: "Officers and people who keep within the law will have freedom of speech, of the press, and of assembly." Chapter III, Article 87 of China’s 1954 Constitution protected freedom of the press. Today, similar language is located in Chapter II, Article 35 of China’s Constitution: “Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” (Constitute Project, “China (People’s Republic of)'s Constitution of 1982 with Amendments through 2018”). References: Guo, Yi. “The Liminal Landscape.” In Freedom of the Press in China: A Conceptual History, 1831-1949, 87–116. Amsterdam University Press, 2020. https://doi.org/10.2307/j.ctv18zhcx6.9. 1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults 1954 Constitution of the People's Republic of China: https://ecommons.cornell.edu/server/api/core/bitstreams/f7bbb8b4-822c-467e-b51c-430e44430e4d/content China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018 |
Colombia | Freedom of the Press | History | The first legal reference to press freedom in Colombia arose in Title 1, Article 16 of Cundinamarca’s Departmental Constitution in 1811 (Biblioteca Virtual Miguel de Cervantes). Article 156 of the 1821 Constitution of the Republic of Colombia protected freedom of the press: "All Colombians have the right of freely recording, printing, and publishing their thoughts and opinions, without the necessity of any examination, revision, or censorship, previous to publication. Those, however, who commit any abuse of this inestimable privilege, shall incur the punishments which they have deserved, conformably to the Laws." Today, Title II, Article 20 of Colombia’s 1991 Constitution protects press freedom: “Every individual is guaranteed the freedom to express and diffuse his/her thoughts and opinions, to transmit and receive information that is true and impartial, and to establish mass communications media (Constitute Project, “Colombia's Constitution of 1991 with Amendments through 2005” ). References: 1811 Cundinamarca Departmental Constitution: Biblioteca Virtual Miguel de Cervantes https://www.cervantesvirtual.com/obra-visor/constitucion-de-cundinamarca-30-de-marzo-de-1811-y-promulgada-el-4-de-abril-de-1811--0/html/ 1821 Constitution of the Republic of Colombia: English translation of the Spanish original text of the Constitution of 1821 718 (2009) Title VIII: General Regulations: https://heinonline.org/HOL/Page?handle=hein.cow/zzco0007&id=21&collection=cow&index=# 1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015 |
Comoros | Freedom of the Press | History | Press freedom protections first appeared in the Preamble of Comoros’s 1996 Constitution: “Inspired by the United Nations Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights , it proclaims and guarantees…freedom of thought and opinion, of the press and of publishing, of creation and of literary, artistic and scientific production” (Digithèque MJP, “Constitutional law of October 20, 1996” ). Today, Chapter II, Article 18 of the 2009 Comoros Constitution protects press freedom: “Freedom of information, communication, and the press are guaranteed within the conditions established by law” (Constitute Project, “Comoros's Constitution of 2018” ). |
Costa Rica | Freedom of the Press | History | Costa Rica originally operated under the Spanish Constitution of 1812, which protected freedom of the press under Article 131: The powers and duties of the Courts are…to protect the political liberty of the press” (Biblioteca Virtual Miguel de Cervantes, “The Political Constitution of the Spanish Monarchy: Promulgated in Cádiz, the nineteenth day of March”). Today, Title IV, Article 29 of the 1949 Costa Rican Constitution protects freedom of the press: “Every one may communicate their thoughts by words or in writing and publish them without prior censorship; but they will be responsible for the abuses committed in the exercise of this right, in the cases and the mode that the law establishes” (Constitute Project, “Costa Rica's Constitution of 1949 with Amendments through 2011” ). |
Croatia | Freedom of the Press | History | As a former part of Yugoslavia, freedom of the press was protected in Croatia under Article 36 of the Yugoslavian Constitution: “Freedom of the press and other forms of public information shall be guaranteed. Citizens shall have the right to express and publish their opinions in the mass media” (National Legislative Bodies, “Constitution of the Federal Republic of Yugoslavia”). Today, Croatia protects freedom of the press under Article 38 of its 1991 Constitution: “Freedom of expression shall specifically include freedom of the press and other media of communication, freedom of speech and public expression, and free establishment of all institutions of public communication” (Constitute Project, “Croatia's Constitution of 1991 with Amendments through 2010” ). |
Cuba | Freedom of the Press | History | Cuba’s 1901 Constitution, its first as an independent nation, protected press freedom under Article 25: “Every person may freely, without censorship, express his thought either by word of mouth or in writing, through the press, or in any other manner whatsoever, subject to the responsibilities specified by law, whenever thereby attacks are made upon the honor of individuals, upon social order, and upon public peace” (George A. Smathers Libraries, “Translation of the proposed constitution for Cuba”). Today, Article 55 of the 2019 Cuban Constitution protects press freedom: “People's freedom of press is recognized. This right is exercised according to the law and for the good of society. The fundamental means of social communication, in any of their forms, are the socialist property of all people or of political, social, and mass organizations, and may not be categorized as any other type of property. The State establishes the principles of organization and operation for all means of social communication” (Constitute Project, “Cuba's Constitution of 2019” ). |
Cyprus | Freedom of the Press | History | Article 19 of Cyprus’s 1960 Constitution protects press freedom: “Every person has the right to freedom of speech and expression in any form. This right includes freedom to hold opinions and receive and impart information and ideas without interference by any public authority and regardless of frontiers” (Constitute Project, “Cyprus's Constitution of 1960 with Amendments through 2013” ). |
Czech Republic | Freedom of the Press | History | As a part of Czechoslovakia, freedom of the press was protected by Article 113 of the 1920 Czechoslovakian Constitution: “Freedom of the Press as well as the right to assemble peaceably and without arms and to form associations is guaranteed” (Masarykova Univerzita, “The Constitutional charter of the Czechoslovak Republic”). Today, Article 17 of the 1992 Czech Constitution protects freedom of the press: “Everyone has the right to express his views in speech, in writing, in the press, in pictures, or in any other form, as well as freely to seek, receive, and disseminate ideas and information irrespective of the frontiers of the state” (Constitute Project, “Czech Republic's Constitution of 1993 with Amendments through 2002” ). |
Democratic Republic of the Congo | Freedom of the Press | History | Article 26 of the DRC’s 1964 Constitution first established protections for press freedom: “Freedom of the press is guaranteed to all Congolese” (Digithèque MJP, “Constitution of August 1, 1964” ). Today, Title II, Article 24 of the DRC’s 2005 Constitution protects freedom of the press: “The freedom of the press, the freedom of information and of broadcasting by radio and television, the written press or any other means of communication are guaranteed, under reserve of respect for the law, for public order, for morals and for the rights of others” (Constitute Project, “Congo (Democratic Republic of the)'s Constitution of 2005 with Amendments through 2011” ). |
Denmark | Freedom of the Press | History | Section 77 of Denmark’s 1849 Constitutional Act states that “Any person shall be at liberty to publish his ideas in print, in writing, and in speech, subject to his being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced” (Folketinget, “My Constitutional Act”). This clause is still located in Section 77 of the 1959 iteration of the Danish Constitution, which Denmark currently adopts (Constitute Project, “Denmark's Constitution of 1953” ). |
Djibouti | Freedom of the Press | History | Under Article 15 of the 1992 Djibouti Constitution: "Each has the right to express and to disseminate freely their opinions by word, pen, and image. These rights may be limited by prescriptions in the law and in respect for the honor of others." (Constitute Project, “Djibouti's Constitution of 1992 with Amendments through 2010” ). References: 1992 Djibouti Constitution: Constitute Project, Djibouti's Constitution of 1992 with Amendments through 2010 https://www.constituteproject.org/constitution/Djibouti_2010?lang=en |
Dominica | Freedom of the Press | History | Article 10 of the 1978 Constitution of Dominica protects the “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences.” This is subject to several limitations, notably including those "reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television." References: 1978 Constitution of Dominica: "Chapter I: Protection of Fundamental Rights and Freedoms," Commonwealth of Dominica Constitution Order, 1978 (1978): 2919-2934 https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzdm0004&id=7&collection=cow&index= |
Dominican Republic | Freedom of the Press | History | Article 18 of the 1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti stated: "The liberty of the Press shall subsist in its present state, subject to the formalities and punishments prescribed by the existing Laws, until others of a more suitable nature are promulgated." According to Article 23 of the Dominican Republic’s 1844 Constitution: “All Dominicans can freely print and publish their ideas, without prior censorship, subject to the law. The classification of printing crimes corresponds exclusively to the juries” [Translated from Spanish] Today, Article 49 of the Dominican Republic’s Constitution protects press freedom: “All persons have the right to freely express their thoughts, ideas, and opinions by any medium, without having allowed for prior censorship… All information media have free access to the official and private sources of information of public interest, in accordance with the law. The professional secret and the conscience clause of the journalist are protected by the Constitution and the law” (Constitute Project, “Dominican Republic's Constitution of 2015” ). References: 1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti: English translation of the Constitution of 1821 557 (2010) Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0002&id=8&men_tab=srchresults 1844 Constitution of the Dominican Republic: Spanish orignal text of the Constitution of 1844 [3] (2012) Chapter II: Public Right of Dominicans https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0014&id=3&men_tab=srchresults 2015 Constitution of the Dominican Republic: https://heinonline-org.mutex.gmu.edu/HOL/Page collection=cow&handle=hein.cow/zzdo0014&id=3&men_tab=srchresults https://www.constituteproject.org/constitution/Dominican_Republic_2015 |
East Timor | Freedom of the Press | History | Section 41 of Timor-Leste’s 2002 Constitution protects press freedom: "1. Freedom of the press and other mass media is guaranteed. 2. Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of broadcasting. 3. The monopoly on the mass media shall be prohibited. 4. The State shall guarantee the freedom and independence of the public mass media from political and economic powers. 5. The State shall guarantee the existence of a public radio and television service that is impartial in order to, inter-alia, protect and disseminate the culture and the traditional values of the Democratic Republic of East Timor and guarantee opportunities for the expression of different lines of opinion. 6. Radio and television stations shall operate only under a licence, in accordance with the law." References: 2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf. |
Ecuador | Freedom of the Press | History | Article 63 of Ecuador’s 1830 Constitution guaranteed that “Every citizen can freely express and publish their thoughts through the press, respecting public decency and morals, and always subjecting themselves to the responsibility of the law”. Today, Article 16 of the 2008 Ecuadorian Constitution protects press freedom: “ “All persons, individually or collectively, have the right to: 1. Free, intercultural, inclusive, diverse and participatory communication in all spheres of social interaction, by any means or form, in their own language and with their own symbols. 2. Universal access to information and communication technologies. 3. The creation of media and access, under equal conditions, to use of radio spectrum frequencies for the management of public, private and community radio and television stations and to free bands for the use of wireless networks 4. Access and use of all forms of visual, auditory, sensory and other communication that make it possible to include persons with disabilities. 5. Become part of participation spaces as provided for by the Constitution in the field of communication.” (Constitute Project, “Ecuador's Constitution of 2008” ) References: 1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults 2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en. |
Egypt | Freedom of the Press | History | Article 15 of Egypt’s 1923 Constitution initially protected freedom of the press: “The press shall be free within the limits of the law. Censorship of newspapers shall be prohibited. Warning, suspension or cancellation of papers via administrative means shall also be prohibited unless necessary for protecting social order” (Constitutionnet, “Royal Decree No. 42 of 1923” ). Today, Article 70 of the 2014 Egyptian Constitution protects press freedom: “Freedom of press and printing, along with paper, visual, audio and digital distribution is guaranteed. Egyptians -- whether natural or legal persons, public or private -- have the right to own and issue newspapers and establish visual, audio and digital media outlets” (Constitute Project, “Egypt's Constitution of 2014” ). References: “Royal Decree No. 42 of 1923” 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf https://www.constituteproject.org/constitution/Egypt_2019?lang=en |
El Salvador | Freedom of the Press | History | Article 13 of the 1824 Constitution of the State of Salvador holds: "The people may not, by themselves, nor by any authority, be deprived of its Sovereignty; and may not exceed to it except in the primary elections, and exercising them according to the law. Furthermore, Salvadorans have the right of petition, and the freedom of [the] press to propose appropriate [utiles] measures, and to censure the conduct of the public functionaries in the exercise of their office [cargo] and to see to compliance with the laws." Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador reads: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law." Today, Article 6 of El Salvador’s 1983 Constitution contains protections for freedom of the press: “Every person may freely express and disseminate his thoughts provided they do not subvert the public order nor injure the moral, honor or private lives of others. The exercise of this right shall not be subject to previous examination, censorship or bond; but those who infringe on the laws [while] making use of this right, shall respond for the offense they commit” (Constitution Project, “El Salvador's Constitution of 1983 with Amendments through 2014” ). References: 1824 Constitution of the state of Salvador: English Translation of the Spanish Original Text of the Constitution of 1824 3 (1824) Chapter III https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzsv0053&id=4&men_tab=srchresults 1841 Constitution of the State of Salvador: English translation of the Constitution of 1841. 207 (2010) https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzsv0002&id=2&collection=cow&index= https://www.constituteproject.org/constitution/El_Salvador_2014.pdf?lang=en |
Equatorial Guinea | Freedom of the Press | History | Equatorial Guinea’s 1991 Constitution contains no explicit press freedom protections (Constitute Project, “Equatorial Guinea's Constitution of 1991 with Amendments through 2012” ). |
Eritrea | Freedom of the Press | History | Article 19 of the 1997 Constitution protects press freedom: “Every person shall have the freedom of speech and expression, including freedom of the press and other media” (Constitute Project, “Eritrea's Constitution of 1997” ). |
Estonia | Freedom of the Press | History | Paragraph 13 of Estonia’s 1920 Constitution first outlined protections on press freedom: “In Estonia there is freedom for the expression of personal ideas in words, print, letters, pictures, and sculpture. This freedom can be restricted only in the defense of the State and morals” (Wikisource, “Constitution of the Esthonian Republic ( 1920) ”). Today, Article 45 of Estonia’s 1992 Constitution protects press freedom: “Everyone has the right to freely disseminate ideas, opinions, beliefs and other information by word, print, picture or other means” (Constitute Project, “Estonia's Constitution of 1992 with Amendments through 2015” ). |
Eswatini | Freedom of the Press | History | Article 24 of Eswatini’s 2005 Constitution protects press freedom: “A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of expression, which includes the freedom of the press and other media” (Constitute Project, “Eswatini's Constitution of 2005” ). |
Ethiopia | Freedom of the Press | History | Freedom of the press was first protected under Article 41 of Ethiopia’s 1955 Constitution: “Freedom of speech and of the press is guaranteed throughout the Empire in accordance with the law.” Today, Article 29 of Ethiopia’s 1994 Constitution protects press freedom: “Freedom of the press and other mass media and freedom of artistic creativity is guaranteed. Freedom of the press shall specifically include the following elements: a. Prohibition of any form of censorship. b. Access to information of public interest.” (Constitute Project, “Ethiopia's Constitution of 1994” ). |
Federated States of Micronesia | Freedom of the Press | History | Article IV of Micronesia’s 1978 Constitution protects freedom of expression, assembly, association, and petition (UNESCO, “The Constitution of the Federated States of Micronesia”). |
Fiji | Freedom of the Press | History | Although it did not explicitly protect press freedom, Fiji’s 1970 Constitution did protect, in the course of its guarantee of freedom of expression, “freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with…correspondence” (PacLII, “Fiji Independence Order 1970 and Constitution of Fiji”). Furthermore, the list of potential qualifications or exceptions to this right suggests that freedom of expression was conceived in the 1970 Fiji Constitution as including freedom of the press: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision - (a) in the interests of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the reputations, rights or freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television...." Today, Article 17 of Fiji’s 2013 Constitution explicitly protects press freedom: “Every person has the right to freedom of speech, expression, thought, opinion and publication, which includes… freedom of the press, including print, electronic and other media” (Constitute Project, “Fiji's Constitution of 2013” ). References: 1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf 2013 Constitution of Fiji: https://www.laws.gov.fj/Home/information/constitutionoftherepublicoffiji#:~:text=The%20Constitution%20of%20the%20Republic,the%20procedures%20in%20the%20Constitution. |
Finland | Freedom of the Press | History | Section 10 of Finland’s 1919 Constitution Act included the “right to impart, publish and receive information, opinions and other communications without prior hindrance from anyone” as part of its protections on freedom of expression (National Legislative Bodies, “Constitution Act of Finland”). Today, Section 12 of Finland’s 1999 Constitution protects the “right to express, disseminate and receive information, opinions and other communications without prior prevention by anyone” as part of its protections on freedom of expression (Constitute Project, “Finland's Constitution of 1999 with Amendments through 2011” ). |
France | Freedom of the Press | History | The importance of press freedom was originally emphasized in Article XI of the 1789 Declaration of Rights of Man and of the Citizen: “The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law” (Yale Law School, “Declaration of the Rights of Man – 1789” ). This clause is now contained in Article 11 of the France’s 1958 Constitution (Constitute Project, “France's Constitution of 1958 with Amendments through 2008” ). |
Gabon | Freedom of the Press | History | Article 94 of Gabon’s 1991 Constitution protects press freedom: “Audiovisual and written communication is free in the Gabonese Republic, restricted only by respect of the public order, liberty and dignity of its citizens” (Constitute Project, “Gabon's Constitution of 1991 with Amendments through 2011” ). |
Georgia | Freedom of the Press | History | Article 23 of Georgia’s 1995 Constitution protects press freedom: “Everyone shall be free to receive and impart information, to express and disseminate his/her opinion orally, in writing, or otherwise. Mass media shall be free. Censorship shall be inadmissible” (Constitute Project, “Georgia's Constitution of 1995 with Amendments through 2013” ). |
Germany | Freedom of the Press | History | Article 4 of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of the press. Article 118 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guarantees freedom of the press. Article 5 of Germany’s 1949 Constitution protects press freedom: “Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship” (Constitute Project, “Germany's Constitution of 1949 with Amendments through 2014” ). References: "IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 210-211: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index= The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840 Germany 1949 Constitution: https://www.constituteproject.org/constitution/German_Federal_Republic_2014 |
Ghana | Freedom of the Press | History | Ghana’s 1979 Constitution protected the right “to receive and impart ideas and information. without interference, and freedom from interference with his correspondence” (Constitutionnet, “Constitution of the Third Republic of Ghana (Promulgated) Decree, 1979” ). Today, Article 21 of Ghana’s 1992 Constitution protects press freedom: “freedom of speech and expression, which shall include freedom of the press and other media” (Constitute Project, “Ghana's Constitution of 1992 with Amendments through 1996” ). |
Greece | Freedom of the Press | History | Article 14 of Greece’s 1975 Constitution protects press freedom: “The press is free. Censorship and all other preventive measures are prohibited…The seizure of newspapers and other publications before or after circulation is prohibited” (Constitute Project, “Greece's Constitution of 1975 with Amendments through 2008” ). |
Grenada | Freedom of the Press | History | Article 10 of Grenada’s 1973 Constitution protects the “freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence” as well as the “technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television” (Constitute Project, “Grenada's Constitution of 1973, Reinstated in 1991, with Amendments through 1992” ). |
Guatemala | Freedom of the Press | History | Article 175 of Guatemala’s first Constitution, which it ratified as a province in the United Provinces of Central America in 1824, protected press freedom: “The Congress, the Assemblies, or the other authorities may not restrict, in any case or by any pretext, the freedom of thought, that of the word, that of writing and that of the press” (Biblioteca Virtual Miguel de Cervantes, “Title X. Guarantees of individual freedom”). [Translated from Spanish] Today, Article 35 of Guatemala’s 1985 Constitution protects press freedom: “The publications which contain denunciations, criticisms, or accusations [imputaciones] against functionaries or public employees for actions conducted in the performance of their duties[,] do not constitute a crime or a fault…The activity of the means of social communication is of public interest and in no case may they be expropriated. They may not be closed, attached [embargados], interfered with, confiscated, or seized [decomisados], nor may the enterprises, plants, equipment, machinery, and gear [enseres] of the means of communication be interrupted in their functioning, for faults or crimes in the expression of thought. The access to the sources of information is free and no authority may limit this right” (Constitute Project, “Guatemala's Constitution of 1985 with Amendments through 1993” ). |
Guinea | Freedom of the Press | History | Article 40 of the 1958 Constitution of Guinea guaranteed freedom of the press. Article 7 of the 1990 Guinean Constitution protected freedom to “express, manifest, disseminate…ideas and opinions through speech, writing and image. He is free to learn and obtain information from sources accessible to all” (WIPO, “Constitution du 23 décembre 1990” ) [Translated from French] Today, Article 7 of Guinea’s 2010 Constitution protects press freedom: “The freedom of the Press is guaranteed and protected. The creation of an organ of [the] press or of [the] media for political, economical, social, cultural, sports, recreational or scientific information is free” (Constitute Project, “Guinea's Constitution of 2010” ). References: 1958 Guinea Constitution: République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm. 1990 Guinea Constitution:English Translation of the French Original Text of the Fundamental Law of 1990, 4 (2021) https://heinonline.org/HOL/Page?handle=hein.cow/zzgn0016&id=4&collection=cow&index= 2010 Guinea Constitution: https://www.constituteproject.org/constitution/Guinea_2010. |
Guinea-Bissau | Freedom of the Press | History | Article 51 of Guinea-Bissau’s 1984 Constitution protects the right “to inform, look for information and be informed without any hindering or discrimination” (Constitute Project, “Guinea-Bissau's Constitution of 1984 with Amendments through 1996” ). |
Guyana | Freedom of the Press | History | Article 12 of the 1966 Constitution of Guyana offers a broad definition of freedom of expression, one which includes main elements of freedom of the press, including the “freedom to receive ideas and information without interference," and the "freedom to communicate ideas and information without interference”. References: 1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf. |
Haiti | Freedom of the Press | History | Article 27 of Haiti’s 1843 Constitution was its first to protect press freedom: “Everyone has the right to express their opinions in any matter, to write, print and publish their thoughts” (Digithèque MJP, “Constituion du 30 décembre 1843” ). Article 28-1 of Haiti’s 1987 Constitution protects press freedom: “Journalists shall freely exercise their profession within the framework of the law. Such exercise may not be subject to any authorization or censorship, except in the case of war” (Constitute Project, “Haiti's Constitution of 1987 with Amendments through 2012” ). |
Honduras | Freedom of the Press | History | Article 117 of the 1839 Honduran Constitution first protected press freedom: “It will not be possible to restrict in any case or by any pretext, the freedom of thought, of the word, that of writing, or that of the press” (Bufeterosa, “Constitucion de 1839” ). [Translated from Spanish] Article 72 of the 1982 Honduran Constitution states that “expression of thought shall be free, and be expressed through any means of dissemination, without prior censorship” (Constitute Project, “Honduras's Constitution of 1982 with Amendments through 2013” ). |
Hungary | Freedom of the Press | History | Law 18 of 1848 asserted protection of freedom of the press. Hungary protected press freedom under Article 61 of its 1949 Constitution: “The Republic of Hungary recognizes and respects the freedom of the press” (OHCHR, “Act XX of 1949” ). Article IX of the 2011 Hungarian Constitution protects press freedom: “Hungary shall recognise and protect the freedom and diversity of the press, and shall ensure the conditions for free dissemination of information necessary for the formation of democratic public opinion” (Constitute Project, “Hungary's Constitution of 2011 with Amendments through 2013” ). References: Hungary Loi 18 de 1848: F.R. Dareste; P. Dareste. Constitutions Modernes: Recueil des Constitutions en Vigueur dans les Divers Etats d'Europe, d'Amerique et du Monde Civilise (3). https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/comorcv0001&collection=cow&index=cow/comorcv516&id=516# 1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013) Chapter 8: Rights and Duties of Citizens https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults “Hungary 2011 (Rev. 2016) Constitution.” Constitute. https://www.constituteproject.org/constitution/Hungary_2016. |
Iceland | Freedom of the Press | History | Iceland’s first press freedom protections came while it was a part of Denmark under Section 77 of the 1849 Danish Constitutional Act (see above). Today, Freedom of the press is not explicitly protected in Iceland’s 1944 Constitution. However, Article 73’s protections for freedom of expression extend to the press: “Everyone shall be free to express his thoughts, but shall also be liable to answer for them in court. The law may never provide for censorship or other similar limitations to freedom of expression” (Constitute Project, “Iceland's Constitution of 1944 with Amendments through 2013” ). |
India | Freedom of the Press | History | India’s 1949 Constitution does not explicitly protect press freedom, but it is conventionally understood that Article 19 protections on freedom of expression legally extend to the press (Gaur 1994, p. 429). |
Indonesia | Freedom of the Press | History | Indonesia’s 1945 Constitution does not formally protect freedom of the press, but does protect freedom of expression (Constitute Project, “Indonesia's Constitution of 1945, Reinstated in 1959, with Amendments through 2002” ). Indonesia Law No. 40 in 1999 outlined explicit protections for press freedom: “the freedom of the press is one of the many embodiments of the sovereignty of the people and is the utmost important element in creating a democratic society, nation and state in order to insure the freedom of expressing ideas and opinions as stated in Article 28 of the Indonesian Constitution of 1945” (Human Rights and Peace for Papua, “Indonesian Law No. 40 in 1999 on Press”). |
Iran | Freedom of the Press | History | Article 20 of the Supplementary Constitutional Law of 7 October 1907 reads: "All publications, except heretical works containing matter harmful to the religion of Islam, are free, and are exempt from censureship. Whenever anything contrary to the law of the press is found in them, the publisher or author will be punished in accordance with that law. If the author is well known and resident in Persia, the publisher, printer and distributor shall be secured from any action being brought against them." Today, Article 24 of the 1979 Iranian Constitution discusses protections for press freedom, with some caveats: “Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public. The details of this exception will be specified by law” (Constitute Project, “Iran (Islamic Republic of)'s Constitution of 1979 with Amendments through 1989” ). References: Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults# “Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. https://www.constituteproject.org/constitution/Iran_1989. |
Iraq | Freedom of the Press | History | Article 12 of Iraq’s 1925 Constitution first protected press freedom: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”. Article 38 of Iraq’s 2005 Constitution protects press freedom: “The State shall guarantee in a way that does not violate public order and morality… Freedom of press, printing, advertisement, media and publication” (Constitute Project, “Iraq's Constitution of 2005” ). References: Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html “Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005. |
Israel | Freedom of the Press | History | Israel has no formal protections on freedom of the press in their Basic Law and according to Freedom House, “the Knesset consistently refuses to pass legislation that would incorporate it into the Basic Laws.” However, the Israeli Supreme Court has “affirmed that freedom of expression is an essential component of human dignity” and has issued rulings protecting press freedom as a foundational principle of Israel’s Declaration of Independence (Freedom House, “Freedom of the Press 2017 – Israel”). |
Italy | Freedom of the Press | History | Article 21 of Italy’s 1948 Constitution protects press freedom: “Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication. The press may not be subjected to any authorisation or censorship” (Constitute Project, “Italy's Constitution of 1947 with Amendments through 2012” ). |
Ivory Coast | Freedom of the Press | History | Ivory Coast’s 1960 Constitution described the facilitation of telecommunication as fundamental, but did not explicitly mention freedom of the press (Présidence de la République de Côte d’Ivoire, “Constitution 1ère Republique”). [Translated from French] Today, Ivory Coast’s 2016 Constitution contains no explicit mention of freedom of the press, but Article 19 protects the “right to express and disseminate their ideas freely” under their protections of freedom of expression (Constitute Project, “Côte d'Ivoire's Constitution of 2016” ). |
Jamaica | Freedom of the Press | History | Article 13 of Jamaica’s 1962 Constitution protects press freedom: “The rights and freedoms referred to in subsection (2) are as follows… the right to seek, receive, distribute or disseminate information, opinions and ideas through any media” (Constitute Project, “Jamaica's Constitution of 1962 with Amendments through 2015” ). |
Japan | Freedom of the Press | History | Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association." Article 21 of Japan's 1947 Constitution guaranteed freedom of the press as well: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed." References: 1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889 1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html |
Jordan | Freedom of the Press | History | Article 15 of Jordan’s 1952 Constitution guarantees freedom of the press: “Freedom of the press and publications shall be ensured within the limits of the law” (Refworld, “The Constitution of The Hashemite Kingdom of Jordan”). |
Kazakhstan | Freedom of the Press | History | Article 10 of the 1993 Kazakhstan Constitution asserts freedom of expression in general. Article 11 bears more directly on freedom of the press: "A citizen of the Republic shall have the right to receive and disseminate any information through any legitimate way for his choice." References: "The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 111 |
Kenya | Freedom of the Press | History | In the 1963 Constitution freedom of the press can be inferred from Article 23(1): "Except with his own consent, no. person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence." Article 34 of the 2010 Kenyan Constitution explicitly guarantees freedom of the media: “Freedom and independence of electronic, print and all other types of media is guaranteed…” (Constitute Project, “Kenya's Constitution of 2010” ). References: 1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf 2010 Constitution of Kenya: https://constituteproject.org/constitution/Kenya_2010 |
Kingdom of the Netherlands | Freedom of the Press | History | Article 7 of the 1814 Dutch Constitution protects press freedom: “No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law" (Constitute Project, “ Kingdom of the Netherland's Constitution of 1814 with Amendments through 2008” ). |
Kiribati | Freedom of the Press | History | Kiribati’s 1979 Constitution contains no explicit press freedom protections, but Article 12’s freedom of expression protections extend “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence” (Constitute Project, “Kiribati's Constitution of 1979 with Amendments through 2013” ). |
Kuwait | Freedom of the Press | History | Article 37 of the Kuwait’s 1962 Constitution protects press freedom: “Freedom of the press and of publication is guaranteed, subject to the conditions and stipulations prescribed by Law” (Constitute Project, “Kuwait's Constitution of 1962, Reinstated in 1992” ). |
Kyrgyzstan | Freedom of the Press | History | Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996 asserts that all persons in the country shall enjoy "freedom of the press, transmission and dissemination of information". References: 1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html |
Laos | Freedom of the Press | History | Articles 44 and 45 of the 1991 Laos Constitution do not explicitly protect press freedom, but imply a protection of media production through freedom of expression: “Lao citizens have the right and freedom of speech, press and assembly; and have the right to set up associations and to stage demonstrations which are not contrary to the laws… Lao citizens have the right and freedom to conduct studies in and to apply advanced sciences, techniques and technologies; to create artistic and literary works [;] and to engage in cultural activities which are not contrary to the laws” (Constitute Project, “Lao People's Democratic Republic's Constitution of 1991 with Amendments through 2003” ). |
Latvia | Freedom of the Press | History | Article 100 of Latvia’s 1922 Constitution protects press freedom: “Everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express his or her views. Censorship is prohibited" (Constitute Project, “Latvia’s Constitution of 1992, reinstated in 1991, with Amendments through 2016” ). |
Lebanon | Freedom of the Press | History | Article 13 of Lebanon’s 1926 Constitution protects press freedom: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law" (Constitute Project, Lebanon’s Constitution of 1926 with Amendments through 2004” ). |
Lesotho | Freedom of the Press | History | The 1966 Constitution of Lesotho offers a general freedom of expression. Article 14 of Lesotho’s 1993 Constitution states: “Every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of, freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence." (Constitute Project, “Lesotho’ Constitution of 1993 with Amendments through 2018” ). References: 1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737. 1993 Lesotho Constitution:https://www.constituteproject.org/constitution/Lesotho_2018. |
Liberia | Freedom of the Press | History | Article 15 of Liberia’s 1847 Constitution first protected press freedom: “The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this republic…” (Constitution Review Committee, “Constitutional Convention of 1847) . Today, Article 15 of Liberia’s 1986 Constitution protects press freedom: “The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available" (Constitute Project, "Liberia’s Constitution of 1986” ). |
Libya | Freedom of the Press | History | Article 23 of Libya’s 1951 Constitution originally protected press freedom: “Freedom of press and of printing shall be guaranteed within the limits of the law" (Constitutionnet, “Libya’s Constitution”). Today, Article 14 of Libya’s 2011 Constitution protects press freedom: “The State shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute" (Constitute Project, Libya’s Constitution of 2011 with Amendments through 2012” ). |
Liechtenstein | Freedom of the Press | History | Article 8 of Liechtenstein’s 1826 Constitution first mentioned press freedom: “Freedom of communicating thought through the press shall be regulated by a special law.” (The Constitutions of States at War 1919, p. 376). Article 40 of Liechtenstein’s 1921 Constitution protects press freedom: “Every person shall be entitled to freely express his opinion and to communicate his ideas by word of mouth or in writing, print or pictures within the limits of the law and morality; no censorship may be exercised except in respect of public performances and exhibitions" (Constitute Project, “Liechtenstein’s Constitution of 1921 with Amendments through 2011” ). |
Lithuania | Freedom of the Press | History | Lithuania’s 1918 Constitution “guaranteed freedom of speech and the press, religion and conscience” (Vardys 1979, p. 321). Today, Article 44 of the 1992 Lithuanian Constitution protects press freedom: “Censorship of mass information shall be prohibited. The State, political parties, political and public organization, and other institutions or persons may not monopolise the mass media" (Constitute Project, “Lithuania’s Constitution of 1992 with Amendments through 2019” ). |
Luxembourg | Freedom of the Press | History | Article 24 of Luxembourg’s 1868 Constitution protects freedom of press: “The freedom to manifest one's opinion by speech in all matters, and the freedom of the press are guaranteed, save the repression of offenses committed on the occasion of the exercise of these freedoms. - Censorship may never be established" (Constitute Project, “Luxembourg’s Constitution of 1868 with Amendments through 2009” ). |
Madagascar | Freedom of the Press | History | Article 10 of Madagascar’s 2010 Constitution protects press freedom: “The freedoms of opinion and of expression, of communication, of the press, of association, of assembly, of circulation, of conscience and of religion are guaranteed to all and may only be limited by the respect for the freedoms and rights of others, and by the imperative of safeguarding the public order, the national dignity and the security of the State" (Constitute Project, “Madagascar's Constitution of 2010 ”). |
Malawi | Freedom of the Press | History | Article 20(1) of the 1964 Malawi Constitution referred to freedom of expression generally, and specified the"freedom to communicate ideas and information without interference (whether the communication to be the public generally or to any person or class of persons.)" Article 36 of Malawi’s 1994 Constitution protects press freedom: “The press shall have the right to report and publish freely, within Malawi and abroad, and to be accorded the fullest possible facilities for access to public information" (Constitute Project, “Malawi’s Constitution of 1994” ). References: “Constitution of Malawi.” Citizenship Rights Africa. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf 1994 Malawi Constitution: https://faolex.fao.org/docs/pdf/mlw136089.pdf |
Malaysia | Freedom of the Press | History | According to Reporters Without Borders, "Press freedom is theoretically guaranteed by article 10 of the constitution, which provides for the freedom of expression." However, Malaysia’s Constitution contains no explicit protections on press freedom. References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html Malaysia's Constitution of 1957 with Amendments through 2007: https://www.constituteproject.org/constitution/Malaysia_2007.pdf |
Maldives | Freedom of the Press | History | Articles 13 and 14 of the 1969 Constitution of the Republic of Maldives as Amended to 1975 are relevant to freedom of the press. Article 13 describes the right to freedom of expression: "Every person has freedom of speech and expression of thought, orally and in writing, so long as the express provisions of Shariath and the law are not contravened." Article 14 is also relevant to freedom of the press: "There exists freedom of acquiring knowledge and imparting it to others in a manner that does not contravene Shariath or law." Article 28 of Maldives’ 2008 Constitution offers a more direct defense of freedom of the press: “Everyone has the right to freedom of the press, and other means of communication, including the right to espouse, disseminate and publish news, information, views and ideas. No person shall be compelled to disclose the source of any information that is espoused, disseminated or published by that person" (Constitute Project, “Maldives’s Constitution of 2008” ). References: 1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723# 2008 Maldives Constitution: https://www.constituteproject.org/constitution/Maldives_2008 |
Mali | Freedom of the Press | History | Article 7 of Mali’s 1992 Constitution protects press freedom: “Freedom of the press shall be recognized and guaranteed. It shall be exercised within conditions determined by law. Equal access for all to the State media shall be assured by an independent organ who's regulations shall be established by an organic law" (Constitute Project, “Mali’s Constitution of 1992” ). |
Malta | Freedom of the Press | History | Article 41 of Malta’s 1964 Constitution protects press freedom as a subset of freedom of expression: “Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference" (Constitute Project, “Malta’s Constitution of 1964 with Amendments through 2016” ). |
Marshall Islands | Freedom of the Press | History | Article II, Section 1 of the Marshall Islands’ 1979 Constitution protects press freedom: “Every person has the right to freedom of thought, conscience, and belief; to freedom of speech and of the press; to the free exercise of religion; to freedom of peaceful assembly and association; and to petition the government for a redress of grievances" (Constitute Project, “Marshall Islands’ Constitution of 1979 with Amendments through 1995” ). |
Mauritania | Freedom of the Press | History | Mauritania’s 1961 Constitution drew from the French Declaration of the Rights of Man and included press freedom protections (Handloff 1987, p. 126). Today, however, Mauritania’s 1991 Constitution contains no explicit protections on press freedom (Constitute Project, “Mauritania’s Constitution of 1991 with Amendments through 2012” ). |
Mauritius | Freedom of the Press | History | Article 12 of Mauritius’s 1968 Constitution protects press freedom: “Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision…for the purpose of…regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainments" (Constitute Project, “Mauritius’ Constitution of 1968 with Amendments through 2016” ). |
Mexico | Freedom of the Press | History | Article 50 and 171 of Mexico’s 1824 Constitution protected press freedom: Article 50: “The exclusive faculties of the general Congress are the following… protect and regulate the political liberty of the press.” Article 171: “The Articles of this Constitution and the Constitutional Act which establishes the Liberty and Independence of the Mexican Nation, its Religion, form of Government, Liberty of the Press, and division of the Supreme Powers of the Federation, and of the States, can never be reformed" (Sons of Dewitt Colony, “The Constitution of the Mexican United States”). Today, Article 6 of Mexico’s 1917 Constitution protects press freedom: “Every person shall be entitled to free access to plural and timely information, as well as to search for, receive and distribute information and ideas of any kind, through any means of expression. The State shall guarantee access to information and communication technology, access to the services of radio broadcast, telecommunications and broadband Internet. To that end, the State shall establish effective competition conditions for the provision of such services" (Constitute Project, “Mexico’s Constitution of 1917 with Amendments through 2015” ). |
Moldova | Freedom of the Press | History | Article 32 of Moldova’s 1994 Constitution protects press freedom as an element of freedom of expression: “Every citizen shall be guaranteed the freedom of thought and opinion, as well as the freedom of expression in public by way of word, image or any other means possible” (Președinția Republicii Moldova, “Titlul II. Drepturile, libertățile și îndatoririle fundamentale”). [Translated from Romanian] |
Monaco | Freedom of the Press | History | Monaco’s earliest protections of press freedom began with the adoption of the 1848 Constitution (Ferrari 2019, p. 33). Today, Article 23 of Monaco’s 1962 Constitution protects freedom of expression, but also includes press freedom protections: “ Freedom of religion and of public worship, and freedom to express one’s opinions in all matters, is guaranteed, subject to the right to prosecute any offences committed in the exercise of the said freedoms" Constitute Project, “Monaco’s Constitution of 1962 with Amendments through 2002” ). |
Mongolia | Freedom of the Press | History | Article 16 of Mongolia’s 1992 Constitution protects press freedom: “Freedom of thought, opinion and expression, speech, press, and peaceful assembly. The rules of procedures for conduct of demonstrations and public meetings shall be determined by law" (Constitute Project, “Mongolia’s Constitution of 1992 with Amendments through 2001” ). Earlier iterations of the Mongolian Constitution, with the earliest ratified in 1924, included protections on freedom of expression that included freedom of the press. References: 1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults “Mongolia 1992 (rev. 2001).” Constitute. https://www.constituteproject.org/constitution/Mongolia_2001 |
Montenegro | Freedom of the Press | History | According to Article 210 of the 1905 Montenegro Constitution: "The press is free. Censorship, warning and every preventive measure capable of preventing the issue, sale and publication of writings and of journals are forbidden except in the cases provided for by the law on the press." As a former part of Yugoslavia, freedom of the press was protected in Montenegro under Article 36 of the Yugoslavian Constitution: “Freedom of the press and other forms of public information shall be guaranteed. Citizens shall have the right to express and publish their opinions in the mass media" (National Legislative Bodies, “Constitution of the Federal Republic of Yugoslavia”). Today, Article 49 of Montenegro’s 2007 Constitution protects press freedom: “Freedom of press and other forms of public information shall be guaranteed. The right to establish newspapers and other public information media, without approval, by registration with the competent authority, shall be guaranteed" (Constitute Project, “Montenegro’s Constitution of 2007 with Amendments through 2013” ). 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= |
Morocco | Freedom of the Press | History | Article 28 of Morocco’s 2011 Constitution protects press freedom: “The freedom of the press is guaranteed and may not be limited by any form of prior censure" (Constitute Project, “Morocco’s Constitution of 2011” ). |
Mozambique | Freedom of the Press | History | Mozambique guaranteed press freedom in Article 74 of its 1990 Constitution: “All citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information” (World Bank, “The Constitution of the Republic of Mozambique, 1990” ). Today, this clause is found in Article 48 of Mozambique’s 2004 Constitution (Constitute Project, “Mozambique’s Constitution of 2004 with Amendments through 2007” ). |
Myanmar | Freedom of the Press | History | The 1947 Constitution of Burma originally protected press freedom as a part of freedom of expression in Chapter I, Section 17: “There shall liberty for the exercise of the following rights subject to law, public order and morality…The right of the citizens to express freely their convictions and opinions” (Burma Library, “The Constitution of the Union of Burma, 24 September 1947, Effective 4 January 1948” ). Today, Chapter VIII, Article 354 of Myanmar’s 2008 Constitution protects press freedom: “Every citizen shall be at liberty in the exercise of the following rights…to express and publish freely their convictions and opinions" (Constitute Project, “Myanmar’s Constitution of 2008 with Amendments through 2015” ). |
Namibia | Freedom of the Press | History | Article 21 of Namibia’s 1990 Constitution protects press freedom: “All persons shall have the right to…freedom of speech and expression, which shall include freedom of the press and other media" (Constitute Project, “Namibia’s Constitution of 1990 with Amendments through 2014” ). |
Nauru | Freedom of the Press | History | Nauru’s 1968 Constitution does not contain explicit protections for press freedom, but does protect freedom of expression (Constitute Project, “Nauru’s Constitution of 1968 with Amendments through 2015” ). |
Nepal | Freedom of the Press | History | Part II of Nepal’s 1948 Constitution originally protected press freedom: “Subject to the principles! of public order and morality this Constitution guarantees to the citizens of Nepal freedom of person, freedom of speech, liberty of the press, freedom of assembly and discussion, freedom of worship, complete equality in the eye of the law, cheap and speedy justice, universal free compulsory elementary education, universal and equal suffrage for all adults, security of private property as defined by the laws of the State as at present existing and laws and rules to be made hereunder” (Constitutionnet, “Constitution of Nepal Effective April 1, 1949” ). Today, Article 19 of Nepal’s 2015 Constitution protects press freedom: “There shall be no prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article, feature, or other reading material, or the use of audio-visual material by any medium, including electronic publication, broadcasting and printing" (Constitute Project, “ Nepal’s Constitution of 2015 with Amendments through 2016” ). |
New Zealand | Freedom of the Press | History | Article 14 of New Zealand’s 1852 Constitution protects press freedom under freedom of expression: “Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form" (Constitute Project, “New Zealand’s Constitution of 1852 with Amendments through 2014” ). |
Nicaragua | Freedom of the Press | History | Article 66 of Nicaragua’s 1987 Constitution protects press freedom: “Nicaraguans have the right to truthful information. This right comprises the freedom to seek, receive and disseminate information and ideas, be they spoken or written, in graphic or by any other chosen procedure" (Constitute Project, “ Nicaragua’s Constitution of 1987 with Amendments through 2005” ). |
Niger | Freedom of the Press | History | Article 100 of Niger’s 2010 Constitution protects press freedom: “The Law determines the fundamental principles…of the protection of the freedom of the press and of the access to public information and to administrative documents" (Constitute Project, “Niger’s Constitution of 2010 with Amendments through 2017” ). |
Nigeria | Freedom of the Press | History | Article 25 of Nigeria’s 1963 Constitution protected press freedom: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference” (Global Citizenship Observatory, “The 1963 Constitution of Nigeria”). Today, Chapter IV, Article 39 of Nigeria’s 1999 Constitution protects press freedom: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference" (Constitute Project, “ Nigeria’s Constitution of 1999 with Amendments through 2011” ). |
North Korea | Freedom of the Press | History | Article 13 of the 1948 North Korean Constitution originally protected press freedom: “Citizens of the D.P.R.K. have freedom of speech, the press, association, assembly, mass meetings and demonstration” (The Committee for Human Rights in North Korea, “Constitution of the Democratic People’s Republic of Korea”). Today, Article 67 of North Korea’s 1972 Constitution protects press freedom: “Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association" (Constitute Project, “ North Korea’s Constitution of 1972 with Amendments through 1998” ). |
North Macedonia | Freedom of the Press | History | Article 16 of North Macedonia’s 1991 Constitution protects press freedom: “The freedom of speech, public address, public information and the establishment of institutions for public information is guaranteed. Free access to information and the freedom of reception and transmission of information are guaranteed" (Constitute Project, “North Macedonia (Republic of)'s Constitution of 1991 with Amendments through 2011” ). |
Norway | Freedom of the Press | History | Article 100 of Norway’s 1814 Constitution protects press freedom: “No person may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual's freedom to form opinions. Such legal liability shall be prescribed by law…Prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. Censorship of letters may only be imposed in institutions" (Constitute Project, “Norway's Constitution of 1814 with Amendments through 2014” ). |
Oman | Freedom of the Press | History | Article 31 of Oman’s 1996 Constitution protects press freedom: “The freedom of the press, printing, and publishing is guaranteed according to the terms and conditions prescribed by the Law. Anything that leads to discord, affects the security of State, or prejudices human dignity or rights, is prohibited" (Constitute Project, “ Oman’s Constitution of 1996 with Amendments through 2011” ). |
Pakistan | Freedom of the Press | History | Article 19 of Pakistan’s 1973 Constitution protects press freedom: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence" (Constitute Project, “ Pakistan’s Constitution of 1973, reinstated in 2002 with Amendments through 2018” ). |
Palau | Freedom of the Press | History | Article IV, Section 2 of Palau’s 1981 Constitution protects press freedom: “The government shall take no action to deny or impair the freedom of expression or press. No bona fide reporter may be required by the government to divulge or be jailed for refusal to divulge information obtained in the course of a professional investigation" (Constitute Project, “Palau’s Constitution of 1981 with Amendments through 1992” ). |
Panama | 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” ). |
Papua New Guinea | Freedom of the Press | History | Article 46 of Papua New Guinea’s 1975 Constitution protects press freedom: “Every person has the right to freedom of expression and publication, except to the extent that the exercise of that right is regulated or restricted by a law…‘freedom of expression and publication’ includes… freedom of the press and other mass communications media” (Pacific Islands Legal Information Institute, “Constitution of the Independent State of Papua New Guinea”). |
Paraguay | Freedom of the Press | History | Article 72 of Paraguay’s 1967 Constitution first established protections on press freedom: “Freedom of expression and of information without prior Censorship are inviolable, and no law shall be enacted that limits such freedom or prevents it except in matters connected with the prohibitions contained in the preceding article” (International Foundation for Electoral Systems, “Constitution of the Republic of Paraguay”). Today, Article 27 of Paraguay’s 1992 Constitution protects press freedom: “The use of the mass communication media is of public interest; in consequence, their functioning may not be closed or suspended… Any discriminatory practice in the provision of supplies to the press, as well as interfering the radio-electrical frequencies and the obstruction, in any way, of the free circulation, distribution, and sale of periodicals, books, magazines, or other publications with a responsible direction or authors are prohibited" (Constitute Project, “ Paraguay’s Constitution of 1992 with Amendments through 2011” ). |
Peru | Freedom of the Press | History | Article 3 of Peru’s 1823 Constitution originally protected press freedom (Wikisource, "Political Constitution of the Peruvian Republic of 1823" ). Today, Article 2 of Peru’s 1993 Constitution protects press freedom: “To freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law" (Constitute Project, “ Peru’s Constitution of 1993 with Amendments through 2021” ). |
Philippines | Freedom of the Press | History | The Philippines first protected press freedom under Article 20 of the 1899 Malolos Constitution: Neither shall any Filipino be deprived… Of the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means" (Arellano Law Foundation, " 1889 Constitution of the Republic of the Philippines"). Today, Article III, Section 4 of the Philippines’ 1987 Constitution protects press freedom: “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances" Constitute Project, “ Philippines’s Constitution of 1987” ). |
Poland | Freedom of the Press | History | Title II, Section XVI of the 1815 Polish Constitution originally protected press freedom: “The liberty of the press is guaranteed. The law shall determine the method of restraining its abuses" (Wikisource, "Constitutional Charter of the Kingdom of Poland, In the Year 1815" ). Today, Article 14 of Poland’s 1997 Constitution protects press freedom: “The Republic of Poland shall ensure freedom of the press and other means of social communication" (Constitute Project, “ Poland’s Constitution of 1997 with Amendments through 2009” ). |
Portugal | Freedom of the Press | History | Articles 7 and 8 of the 1822 Portuguese Constitution originally protected press freedom: “The free communication of thoughts is one of man's most precious rights. All Portuguese may therefore, without prior censorship, express their opinions in any matter, as long as they are responsible for the abuse of this freedom in the cases, and in the form that the law determines… The Courts will appoint a Special Court, to protect the freedom of the press, and to curb the offenses resulting from its abuse, as provided for in art. 177 and 189” (O Portal da História, “CONSTITUIÇÃO PORTUGUESA DE 1822” ). [Translated from Portuguese] Today, Article 37 of Portugal’s 1976 Constitution protects press freedom: “Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination"(Constitute Project, “Portugal’s Constitution of 1976 with Amendments through 2005” ). |
Qatar | Freedom of the Press | History | Article 48 of Qatar’s 2003 Constitution protects press freedom: “Freedom of the press, printing, and publishing is guaranteed according to the law" (Constitute Project, “ Qatar’s Constitution of 2003” ). |
Republic of Ireland | Freedom of the Press | History | Article 40 of the 1937 Irish Constitution provides Ireland’s first explicit protections for press freedom: “the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State” (Constitute Project, “Ireland's Constitution of 1937 with Amendments through 2012” ). |
Republic of the Congo | Freedom of the Press | History | Article 25 of Republic of Congo’s 2015 Constitution protects press freedom: “Any citizen has the right to express and to freely diffuse his opinion by words [par la parole], writing, images or by any other means of communication. The freedom of information and communication is guaranteed. It is exercised within respect for the law” (Constitute Project, “Congo (Republic of the)'s Constitution of 2015” ). |
Romania | Freedom of the Press | History | Article 30 of Romania’s 1991 Constitution protects press freedom: “The freedom to express ideas, opinions, and beliefs, and the freedom of creation in any form-orally, in writing, through images, by means of sound, or by any other means of public communication-are inviolable…Freedom of the press also includes the freedom to establish publications" (Constitute Project, “ Romania’s Constitution of 1991 with Amendments through 2003” ). |
Russia | Freedom of the Press | History | Article 79 of the 1906 Russian Constitution first protected press freedom: “Within the limits fixed by law every one may express his thoughts by word or writing and circulate them by means of the press or otherwise” (Northern Virginia Community College, “Fundamental Laws, 1906” ). Today, Article 29 of Russia’s 1993 Constitution protects press freedom: “Everyone shall have the right to freely look for, receive, transmit, produce and distribute information by any legal way. The list of data comprising state secrets shall be determined by a federal law. The freedom of mass communication shall be guaranteed. Censorship shall be banned" (Constitute Project, “Russia’s Constitution of 1993 with Amendments through 2014” ). |
Rwanda | Freedom of the Press | History | Article 21 of Rwanda’s 1962 Constitution originally protected press freedom: “The secrecy of correspondence, postal and telegraphic communications is inviolable” (World Digital Library, “Constitution de la République Rwandaise”). [Translated from French] Today, Article 38 of Rwanda’s 2003 Constitution protects press freedom: “Freedom of press, of expression and of access to information are recognised and guaranteed by the State" (Constitute Project, “ Rwanda’s Constitution of 2003 with Amendments through 2015” ). |
Saint Kitts and Nevis | Freedom of the Press | History | Article 12 of Saint Kitts and Nevis’s 1983 Constitution does not explicitly mention press freedom, but includes press protections in its description of freedom of expression: “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication is to the public generally or to any person or class of persons) and freedom from interference with his correspondence" (Constitute Project, “Saint Kitts and Nevis’s Constitution of 1983” ). |
Saint Lucia | Freedom of the Press | History | Chapter I, Article 9 of Saint Lucia’s 1978 Constitution protects press freedom as a part of freedom of expression: “a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence" (Constitute Project, “Saint Lucia’s Constitution of 1978” ). |
Saint Vincent and the Grenadines | Freedom of the Press | History | Article 10 of Saint Vincent and the Grenadines’ 1978 Constitution protects press freedom as a part of freedom of expression: “a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence" (Constitute Project, “Saint Vincent and the Grenadines’s Constitution of 1979” ). |
Samoa | Freedom of the Press | History | While freedom of the press is not explicitly mentioned in Samoa’s 1962 Constitution, freedom of expression is protected and “freedom of the press is generally respected” according to Freedom House (Freedom House, "Samoa"). |
San Marino | Freedom of the Press | History | Article 6 of San Marino’s 1974 Declaration on the Citizens’ Right and Fundamental Principles ensures that “the privacy of any form of communication shall be protected" (WIPO, "Declaration on the Citizens’ Rights and Fundamental Principles of San Marino Constitutional Order"). |
Saudi Arabia | Freedom of the Press | History | Saudi Arabia has no formal protections on press freedom. Article 39 of Saudi Arabia’s 1992 Constitution outlines how the state conducts relations with the press: “Mass media, publication facilities and other means of expression shall function in a manner that is courteous and fair and shall abide by State laws. They shall play their part in educating the masses and boosting national unity. All that may give rise to mischief and discord, or may compromise the security of the State and its public image, or may offend against man's dignity and rights shall be banned. Relevant regulations shall explain how this is to be done" (Constitute Project, “Saudi Arabia’s Constitution of 1992 with Amendments through 2013” ). |
Senegal | Freedom of the Press | History | Article 8 of Senegal’s 2001 Constitution protects press freedom: “The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably…the civil and political freedoms: freedom of opinion, freedom of expression, freedom of the press, freedom of association, freedom of assembly, freedom of movement [déplacemnent], [and] freedom of manifestation" (Constitute Project, “ Senegal’s Constitution of 1992 with Amendments through 2013” ). |
Serbia | Freedom of the Press | History | The 1935 Serbian Constitution protected freedom of the press, and King Milan IV of Serbia discussed freedom of the press as early as 1875: “Although nominated but a few days ago, the Ministers whom I have assembled around me in these grave circumstances, will submit to you nevertheless some projects of laws tending to improve our national institutions, to wit, a law destined to increase the securities for personal safety, a law for the extension of the liberty of the press, and a law for the extension of communal self-government” (Hertslet 1875, p. 34). Today, Article 46 of Serbia’s 2006 Constitution protects press freedom: “The freedom of thought and expression shall be guaranteed, as well as the freedom to seek, receive and impart information and ideas through speech, writing, art or in some other manner” (International Labour Organization, “Constitution of The Republic of Serbia”). |
Seychelles | Freedom of the Press | History | Seychelles’ 1993 Constitution does not explicitly protect press freedom, but includes protections “to seek, receive and impart ideas and information without interference” as a part of freedom of expression protections (Constitute Project, “Seychelles’s Constitution of 1993 with Amendments through 2017” ). |
Sierra Leone | Freedom of the Press | History | Article 25 of Sierra Leone’s 1991 Constitution protects press freedom: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purpose of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, freedom from interference with his correspondence, freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions, and academic freedom in institutions of learning" (Constitute Project, “Sierra Leone’s Constitution of 1991, reinstated in 1996 with Amendments through 2013” ). |
Singapore | Freedom of the Press | History | Singapore’s 1963 Constitution contains no protection for press freedom, but does protect freedom of speech and expression (Constitute Project, “Singapore’s Constitution of 1963 with Amendments through 2016” ). |
Slovakia | Freedom of the Press | History | As a part of Czechoslovakia, freedom of the press was protected by Article 113 of the 1920 Czechoslovakian Constitution: “Freedom of the Press as well as the right to assemble peaceably and without arms and to form associations is guaranteed” (Masarykova Univerzita, “The Constitutional charter of the Czechoslovak Republic”). Today, Article 26 of Slovakia’s 1992 Constitution protects press freedom: “Every person has the right to express his or her opinion in words, writing, print, images and any other means, and also to seek, receive and disseminate ideas and information both nationally and internationally. No approval process shall be required for publication of the press. Radio and television companies may be required to seek permission from the State authorities to set up private businesses. Further details shall be provided by law. Censorship shall be prohibited" (Constitute Project, “Slovakia’s Constitution of 1992 with Amendments through 2017” ). |
Slovenia | Freedom of the Press | History | Article 39 of Slovenia’s 1991 Constitution protects press freedom: “Freedom of expression of thought, freedom of speech and public appearance, of the press and other forms of public communication and expression shall be guaranteed" (Constitute Project, “Slovenia’s Constitution of 1991 with Amendments through 2016” ). |
Solomon Islands | Freedom of the Press | History | Article 12 of the Solomon Islands’ 1978 Constitution protects press freedom through freedom of expression: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this of section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence" (Constitute Project, “Solomon Islands’s Constitution of 1978 with Amendments through 2018” ). |
Somalia | Freedom of the Press | History | Somalia’s 1961 Constitution had no explicit mention of freedom of the press, but protected the right for every person “freely to express his own opinion in any manner, subject to any limitations which may be prescribed by law for the purpose of safeguarding morals and public security" (WIPO, "Somali Constitution"). Article 18 of Somalia’s 2012 Constitution protects press freedom: “Freedom of expression includes freedom of speech, and freedom of the media, including all forms of electronic and web-based media" (Constitute Project, “ Somalia’s Constitution of 2012” ). |
South Africa | Freedom of the Press | History | South Africa’s Progressive Federal Party pushed to include freedom of the press as a part of a Bill of Rights during the drafting of the 1983 South African Constitution, but it was ultimately rejected by the rest of Parliament (SAMEDIA, “PFP’s lone stand on ‘Rights’”). Today, Article 16 of South Africa’s 1996 Constitution protects press freedom: “Everyone has the right to freedom of expression, which includes…freedom of the press and other media" (Constitute Project, “South Africa’s Constitution of 1996 with Amendments through 2012” ). |
South Korea | Freedom of the Press | History | Section 4 of the 1919 Provisional Republic of Korea’s Constitution first protected press freedom: “The citizens of the Korean Republic shall have religious liberty, freedom of speech, freedom of writing and publication, the right to hold public meetings and form social organizations and the full right to choose their dwellings and change their abode" (USC Libraries, "Constitution of the Korean Provisional Government, 1919" ). Today, Article 21 of South Korea’s 1948 Constitution protects press freedom: “All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association" (Korea Legislative Research Institute, "CONSTITUTION OF THE REPUBLIC OF KOREA"). |
South Sudan | Freedom of the Press | History | Article 24 of South Sudan’s 2011 Constitution protects press freedom: “All levels of government shall guarantee the freedom of the press and other media as shall be regulated by law in a democratic society" (Constitute Project, “South Sudan’s Constitution of 2011 with Amendments through 2013” ). |
Spain | Freedom of the Press | History | The Spanish Constitution of 1812 protected freedom of the press under Article 131: The powers and duties of the Courts are…to protect the political liberty of the press” (Biblioteca Virtual Miguel de Cervantes, “The Political Constitution of the Spanish Monarchy: Promulgated in Cádiz, the nineteenth day of March"). Today, Section 20 of Spain’s 1978 Constitution protects press freedom: “the right to freely express and spread thoughts, ideas and opinions through words, in writing or by any other means of reproduction" (Constitute Project, “ Spain’s Constitution of 1978 with Amendments through 2011” ). |
Sri Lanka | Freedom of the Press | History | Chapter IV of the 1972 Sri Lankan Constitution first protected press freedom: “every citizen shall have the right to freedom of speech and expression, including publication" (Parliament of Sri Lanka, "The Constitution of Sri Lanka (Ceylon)"). Article 14 of Sri Lanka’s 1978 Constitution protects press freedom: “Every citizen is entitled to…the freedom of speech and expression including publication" Constitute Project, “Sri Lanka’s Constitution of 1978 with Amendments through 2015” ). |
Sudan | Freedom of the Press | History | Article 49 of Sudan’s 1973 Constitution first protected press freedom: “The press shall be free within the limits of the law, as a means to educate and enlighten the people, and it shall be directed to serve the objectives of the people" (Right to Nonviolence, "The Permanent Constitution of Sudan"). Article 57 of Sudan’s 2019 Constitution protects press freedom: “Every citizen has the unrestricted right to freedom of expression, to receive and publish information and publications, and to access the press, without prejudice to public order, safety and morals in accordance with what is determined by law" (Constitute Project, “Sudan’s Constitution of 2019” ). |
Suriname | Freedom of the Press | History | Article 19 of Suriname’s 1987 Constitution protects press freedom: “Everyone has the right to make public his thoughts or feelings and to express his opinion through the printed press or other means of communication, subject to the responsibility of all as set forth in the law" (Constitute Project, “Suriname’s Constitution of 1987 with Amendments through 1992” ). |
Sweden | Freedom of the Press | History | Sweden was the first nation to formally protect freedom of the press through the 1766 Freedom of the Press Act: “The freedom of the press is understood to mean the right of every Swedish citizen to publish written matter, without prior hindrance by a public authority or other public body, and not to be prosecuted thereafter on grounds of its content other than before a lawful court, or punished therefor other than because the content contravenes an express provision of law, enacted to preserve public order without suppressing information to the public" (Hirschfeldt 2017, p. 580). The Freedom of the Press Act is still included in Sweden’s 1974 Constitution, and Article 1 of Chapter 2 extends further protections for press freedom across “sound radio, television and certain similar transmissions, as well as in films, video recordings, sound recordings and other technical recordings" (Constitute Project, “Sweden’s Constitution of 1974 with Amendments through 2012” ). |
Switzerland | Freedom of the Press | History | Article 55 of Switzerland’s 1874 Constitution first protected press freedom: “The freedom of the press is guaranteed" (ICL Project, "Switzerland > Constitution 1874" ). Today, Article 17 of Switzerland’s 1999 Constitution protects press freedom: “Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed" (Constitute Project, “Switzerland’s Constitution of 1999 with Amendments through 2014” ). |
Syria | Freedom of the Press | History | Article 17 of Syria’s 1930 Constitution first protected press freedom: “Freedom of the press and printing is guaranteed under the conditions provided for by law" (Wikisource, "Constitution syrienne du 14 mai 1930" ). [Translated from French] Today, Article 43 of Syria’s 2012 Constitution protects press freedom: “The state shall guarantee freedom of the press, printing and publishing, the media and its independence in accordance with the law" (Constitute Project, “Syria’s Constitution of 2012” ). |
São Tomé and Príncipe | Freedom of the Press | History | Article 30 of Sao Tome and Principe’s 1975 Constitution protects press freedom: “Freedom of the press is guaranteed in the Democratic Republic of São Tomé and Príncipe, within the terms of the law. The State guarantees a public service press independent of the interests of economic and political groups" (Constitute Project, “São Tomé and Príncipes’s Constitution of 1975 with Amendments through 2003” ). |
Tajikistan | Freedom of the Press | History | Article 30 of Tajikistan’s 1994 Constitution protects press freedom: “Everyone is guaranteed freedom of speech, press, [and] the right to use means of mass information" (Constitute Project, “Tajikistan’s Constitution of 1994 with Amendments through 2016” ). |
Tanzania | Freedom of the Press | History | Tanzania’s 1961 Constitution did not explicitly protect press freedom, but did protect freedom of expression (Citizenship Rights Africa, "The Tanganyika Constitution" Today, Article 18 of Tanzania’s 1977 Constitution protects press freedom as a part of freedom of expression: “Without prejudice to expression the laws of the land, every person has the right to freedom of opinion and expression, and to seek, receive and impart or disseminate information and ideas through any media regardless of national frontiers, and also has the right of freedom from interference with his communications" (Constitute Project, “Tanzania’s Constitution of 1977 with Amendments through 2005” ). |
Thailand | Freedom of the Press | History | Article 14 of Thailand’s 1932 Constitution first protected press freedom: “Subject to the provisions of the law, every person enjoys full liberty of person, abode, property, speech, writing, publication, education, public meeting, association and vocation" (Bloomsbury Publishing, "Thailand Constitution 1932" ). Section 35 of Thailand’s 2017 Constitution protects press freedom: “A media professional shall have liberty in presenting news or expressing opinions in accordance with professional ethics" (Constitute Project, “Thailand’s Constitution of 2017” ). |
The Bahamas | Freedom of the Press | History | Article 23 of the 1973 Bahamian Constitution states that: “Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision which is reasonably required for the purposes of protecting the rights, reputations and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment” (Constitute Project, “Bahamas (The)'s Constitution of 1973” ). |
The Gambia | Freedom of the Press | History | Article 20 of The Gambia’s 1965 Constitution protected “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence” under its protection of freedom of expression (Citizenship Rights Africa, “The Gambia Independence Order 1965” ). Today, Article 25 of The Gambia’s 1996 Constitution guarantees that “Every person shall have the right to… freedom of speech and expression, which shall include freedom of the press and other media” (Constitute Project, “Gambia (The)'s Constitution of 1996 with Amendments through 2004” ). |
Togo | Freedom of the Press | History | Article 12 of Togo’s 1963 Constitution first protected press freedom: “Everyone has the right to express and freely disseminate their opinions through speech, pen and image in compliance with laws and regulations” (World Digital Library, “Constitution de la Republique Togolaise”). [Translated from French] Today, Article 26 of Togo’s 1992 Constitution protects press freedom: “The freedom of the press is recognized and guaranteed by the State. It is protected by the law" (Constitute Project, “Togo’s Constitution of 1992 with Amendments through 2007” ). |
Tonga | Freedom of the Press | History | Article 7 of Tonga’s 1875 Constitution protects press freedom: “It shall be lawful for all people to speak write and print their opinions and no law shall ever be enacted to restrict this liberty. There shall be freedom of speech and of the press for ever but nothing in this clause shall be held to outweigh the law of slander or the laws for the protection of the King and the Royal Family" (Constitute Project, “Tonga’s Constitution of 1875 with Amendments through 2013” ). |
Trinidad and Tobago | Freedom of the Press | History | Chapter 1, Part 1 of Trinidad and Tobago’s 1976 Constitution protects press freedom: “It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely…freedom of the press" (Government of the Republic of Trinidad and Tobago, "CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO ACT"). |
Tunisia | Freedom of the Press | History | Article 8 of Tunisia’s 1959 Constitution first protected press freedom: “Freedom of opinion, expression, press, publication, assembly and association are guaranteed and exercised according to the terms defined by the law" (Constitute Project, "Tunisia 1959 (rev. 2008) "). Article 31 of Tunisia’s 2014 Constitution protects press freedom: “Freedom of opinion, thought, expression, information and publication shall be guaranteed. These freedoms shall not be subject to prior censorship" (Constitute Project, “Tunisia’s Constitution of 2014” ). |
Turkey | Freedom of the Press | History | Article 12 of the Ottoman Constitution of 1876 first protected press freedom in modern-day Turkey: “The press is free, within limits imposed by law" (The Individualisation of War, "The Ottoman Constitution"). Today, Article 26 of Turkey’s 1982 Constitution protects press freedom: “Everyone has the right to express and disseminate his/her thoughts and opinions by speech, in writing or in pictures or through other media, individually or collectively. This freedom includes the liberty of receiving or imparting information or ideas without interference by official authorities. This provision shall not preclude subjecting transmission by radio, television, cinema, or similar means to a system of licensing" (Constitute Project, “Turkey’s Constitution of 1982 with Amendments through 2017” ). |
Turkmenistan | Freedom of the Press | History | Article 42 of Turkmenistan’s 1992 Constitution protects press freedom: “Everyone shall have the right to free search of information and to receive and disseminate information in ways not prohibited by law, if it is not a state or other secret protected by law" (Constitute Project, “Turkmenistan’s Constitution of 2008 with Amendments through 2016” ). |
Tuvalu | Freedom of the Press | History | Article 24 of Tuvalu’s 1986 Constitution protects press freedom as a part of freedom of expression: “For the purposes of this section, freedom of expression includes… freedom to hold opinions without interference; and freedom to receive ideas and information without interference; and freedom to communicate ideas and information without interference; and freedom from interference with correspondence" (Constitute Project, “Tuvalu’s Constitution of 1986 with Amendments through 2010” ). |
Uganda | Freedom of the Press | History | Article 26 of Uganda’s 1962 Constitution alluded to press freedom protection in its protection of freedom of expression, but did not explicitly mention it (World Statesmen, "Uganda Constitutional Instruments"). Today, Article 29 of Uganda’s 1995 Constitution protects press freedom: “Every person shall have the right to…freedom of speech and expression, which shall include freedom of the press and other media" (Constitute Project, “Uganda’s Constitution of 1995 with Amendments through 2017” ). |
Ukraine | Freedom of the Press | History | Article 34 of Ukraine’s 1996 Constitution protects press freedom: “Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice" (Refworld, Constitution of Ukraine"). |
United Arab Emirates | Freedom of the Press | History | Articles 30 and 31 of the UAE’s 1971 Constitution protect freedom of expression and communication, but do not explicitly protect press freedom: “Freedom to hold opinions and express them orally, in writing or by other means of expression shall be guaranteed within the limits of the law… Freedom of communication by means of the posts, telegraph or other means of communication and their secrecy shall be guaranteed in accordance with the law" (Constitute Project, “Ukraine’s Constitution of 1996 with Amendments through 2016” ). |
United Kingdom | Freedom of the Press | History | The United Kingdom has no formal protection of press freedom. The closest legal form of legal recognition of freedom of the press, however, is in Article 10 of the Human Rights Act of 1998, which states “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers" (The National Archives, "Human Rights Act 1998" ). |
United States | Freedom of the Press | History | Freedom of the press is protected under the First Amendment of the US Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (Constitution Annotated, "First Amendment"). |
Uruguay | Freedom of the Press | History | Article 141 of Uruguay’s 1830 Constitution first protected press freedom: “The communication of thoughts by words, private writings, or published by the press in all matters is entirely free, without the need for prior censorship; the author being responsible, and where appropriate the printer, for the abuses they commit, in accordance with the law" (Republica Oriental de Uruguay, "Constitucion de la Republica," 1830) . [Translated from Spanish] Article 29 of Uruguay’s 1967 Constitution protects press freedom: “The communication of thoughts is entirely free in all matters, by words, private writings or published in the press, or by any another form of disclosure, without the need for prior censorship" (Centro de Informacion Oficial, "Constitucion de la Republica," 1967) . |
Uzbekistan | Freedom of the Press | History | Article 67 of Uzbekistan’s 1992 Constitution protects press freedom: “The mass media shall be free and act in accordance with law. It shall bear responsibility for trustworthiness of information in a prescribed manner" (Constitute Project, "Uzbekistan's Constitution of 1992 with Amendments through 2011" ). |
Vanuatu | Freedom of the Press | History | Vanuatu’s 1980 Constitution does not formally protect press freedom, but does protect freedom of expression (Constitute Project, "Vanuatu's Constitution of 1980 with Amendments through 2013" ). Observers recognize that, historically, “the government generally respects freedom of the press" (Freedom House, "Vanuatu"). |
Venezuela | Freedom of the Press | History | The 1811 "Declaration of Rights, by the Supreme Congress of Venezuela," at Article 4 under the "Rights of Man in Society" section, states: "The right to declare their thoughts and opinions, through the medium of the press, is unrestrained and free, under responsibility to the Law, for any violation of the public tranquillity, or the religious opinions, property and honour of the Citizen." Today, Article 57 of Venezuela’s 1999 Constitution protects press freedom: “Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship shall be established. Anyone making use of this right assumes full responsibility for everything expressed" (Constitute Project, Venezuela's Constitution of 1999 with Amendments through 2009) . References: English translation of the Spanish original text of the Declaration of Rights of 1811. 1105 (2011) Rights of Man in Society: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzve0002&id=2&men_tab=srchresults https://www.constituteproject.org/constitution/Venezuela_2009?lang=en. |
Vietnam | Freedom of the Press | History | Article 10 of Vietnam’s 1946 Constitution first protected press freedom: “A Vietnamese citizen has the rights to freedoms… of the press" (Bloomsbury, "Vietnam Constitution 1946" ). Article 25 of Vietnam’s 1992 Constitution protects press freedom: “The citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assemble, form associations and hold demonstrations. The practice of these rights shall be provided by the law" (Constitute Project, “Vietnam’s Constitution of 1992 with Amendments through 2013” ). |
Yemen | Freedom of the Press | History | Yemen’s 1991 Constitution contains no explicit protections for press freedom but includes the “expression of opinion in speech, writing and photography” under its protections on freedom of expression (Constitute Project, “Yemen's Constitution of 1991 with Amendments through 2001” ). |
Zambia | Freedom of the Press | History | Article 20 of Zambia’s 1991 Constitution protects press freedom under freedom of expression: “no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence" (Constitute Project, "Zambia's Constitution of 1991 with Amendments through 2016" ). This clause first appeared in Article 22 of Zambia’s 1962 Constitution (World Statesmen, "Laws of Zambia: The Constitution"). |
Zimbabwe | Freedom of the Press | History | Article 20 of Zimbabwe’s 1980 Constitution first protected press freedom under freedom of expression: “Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence" (Refworld, "Constitution of Zimbabwe, 1980" ). Today, Article 61 of Zimbabwe’s 2013 Constitution protects press freedom: “Every person is entitled to freedom of the media, which freedom includes protection of the confidentiality of journalists' sources of information…Broadcasting and other electronic media of communication have freedom of establishment" (Constitute Project, “Zimbabwe's Constitution of 2013” ). |
Afghanistan | Privacy Rights | History | The 1964 Afghan Constitution protected only the right to privacy in the home in Article 28 (“Afghanistan 1964 Constitution”). Today, Article 38 offers similar protections and Article 37 protects communications (Constitute Project, “Afghanistan 2004 Constitution”). References: 1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish 2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en |
Albania | Privacy Rights | History | In the 1928 Fundamental Statute of the Kingdom of Albania, Article 196 guaranteed the privacy of the home, and Article 201 addressed privacy of correspondence: "The secrecy of correspondence, telegraph and telephone messages is inviolable, except in case of war mobilisation, revolution and the investigation of serious crimes." The 1976 Constitution offered guarantees using similar language, in Articles 57 and 58. Today, privacy is guaranteed in Articles 35 (data), 36 (correspondence), and 37 (home) of the 1998 constitution (Constitute Project, “Albania 1998 rev. 2016”). References: 1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html 1976: Albania Constitution: https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf 1998: Albania Constitution: https://www.constituteproject.org/constitution/Albania_2016?lang=en. |
Algeria | Privacy Rights | History | Today, the 2020 constitution protects the inviolability of the domicile in Article 47 and, in Article 46, private life and private communication (Constitute Project, “Algeria 2020” ). Previously, these rights were protected in the 1976 Constitution in Articles 39 and 40 (International Constitutional Law Project, Algeria Constitution”). References: 2020 Algeria Constitution: https://constituteproject.org/constitution/Algeria_2020 1976 Algeria Constitution: https://www.servat.unibe.ch/icl/ag00000_.html |
Andorra | Privacy Rights | History | Articles 14 and 15 of the first and only Andorran constitution protect privacy in the state. Article 14 protects privacy, honor, and reputation, while Article 15 protects the home and communications (Constitute Project, “Andorra 1993” ). https://constituteproject.org/constitution/Andorra_ 1993? lang=en |
Angola | Privacy Rights | History | Article 24 of the 1975 Constitution stated: "The People's Republic of Angola guarantees individual freedoms, namely the inviolability of the home and the privacy of correspondence, subject to the limits expressly provided for by law." Today, privacy rights are protected in Articles 32 (personal and family life), 33 (home), and 34 (correspondence and communication) of the 2010 constitution. References: 1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197 2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010 |
Antigua and Barbuda | Privacy Rights | History | In the constitution, Article 3, Section C protects the right to privacy in personal and family life, as well as the home. References: “Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html. |
Argentina | Privacy Rights | History | Articles 18 & 19 of the 1853 constitution protect privacy. Article 18(2) reads, “The residence is inviolable, as are letters and private papers; and a law shall determine in what cases and for what reasons their search and seizure shall be allowed,” while Article 19 reads, “The private actions of men that in no way offend public order or morality, nor injure a third party, are reserved only to God, and are exempt from the authority of the magistrates” (Constitute Project, “Argentina 1853, reinst. 1983, rev. 1994” ). References: https://www.constituteproject.org/constitution/Argentina_1994 |
Armenia | Privacy Rights | History | The 1995 Armenian constitution protects several elements of the right to privacy in Articles 20-21. Article 20 states: "Everyone is entitled to defend his or her private and family life from unlawful interference and defend his or her honor and reputation from attack. The gathering, maintenance, use and dissemination of illegally obtained information about a person's private and family life are prohibited. Everyone has the right to confidentiality in his or her correspondence, telephone conversations, mail, telegraph and other communications, which may only be restricted by court order." Article 21 concerned privacy in the home: "Everyone is entitled to privacy in his or her own dwelling. It is prohibited to enter a person's dwelling against his or her own will except under cases prescribed by law. A dwelling may be searched only by court order and in accordance with legal procedures." The 2005 amendments to the Constitution of Armenia added language more explicitly focused on state-collected data and information: "Everyone shall have the right to become acquainted with the data concerning him/her available in the state and local self-government bodies. Everyone shall have the right to correction of any non-verified information and elimination of the illegally obtained information about him/her." Articles 31-34 of the Constitution of Armenia as amended in 2015 offered further details about these rights. Article 34 created more firmly articulated data rights: "1. Everyone shall have the right to protection of data concerning him or her. 2. The processing of personal data shall be carried out in good faith, for the purpose prescribed by law, with the consent of the person concerned or without such consent in case there exists another legitimate ground prescribed by law. 3. Everyone shall have the right to get familiar with the data concerning him or her collected at state and local self-government bodies and the right to request correction of any inaccurate data concerning him or her, as well as elimination of data obtained illegally or no longer having legal grounds. 4. The right to get familiar with personal data may be restricted only by law, for the purpose of state security, economic welfare of the country, preventing or disclosing crimes, protecting public order, health and morals or the basic rights and freedoms of others. 5. Details related to the protection of personal data shall be prescribed by law." Finally, in 2015 the Constitution specified the conditions under which these rights might be restricted by the law, asserting that they "may be restricted only by law, for the purpose of state security, economic welfare of the country, preventing or disclosing crimes, protecting public order, health and morals or the basic rights and freedoms of others."
"Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng "Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng "Amendments to the Constitution of the Republic of Armenia" (2015): http://www.parliament.am/legislation.php?sel=show&ID=5805&lang=eng |
Australia | Privacy Rights | History | Australia ratified the ICCPR in 1980, a treaty that includes privacy rights. According to the Australian Human Rights Commission: "The right to privacy under the ICCPR includes a right to private life (including intimate behaviour between consenting adults), as confirmed for example by the UN Human Rights Committee in Toonen v Australia." Though there is no federal right to privacy, some regions of Australia have extended regional protections, such as the ACT Human Rights Act of 2004. References: Australian Human Rights Commission: https://humanrights.gov.au/our-work/rights-and-freedoms/how-are-human-rights-protected-australian-law ACT Human Rights Commission: https://www.hrc.act.gov.au/humanrights/rights-protected-in-the-act/right-to-privacy-and-reputation |
Austria | Privacy Rights | History | According to the Austrian Embassy in Washington, D.C., the ratification of the ECHR by Austria in 1958 gave the treaty constitutional law standing in the state. The ECHR is what protects the right to privacy in Austria. References: https://www.austria.org/human-rights-and-the-council-of-europe |
Azerbaijan | Privacy Rights | History | Today, Article 32 of the 1995 constitution protects privacy. It is quite detailed but protects personal privacy, family life, personal information, and correspondence. Article 33 extends privacy rights to the residence (Constitute Project, “Azerbaijan 1995 rev. 2016” ). References: “Azerbaijan 1995 (rev. 2016).” Constitute. https://www.constituteproject.org/constitution/Azerbaijan_2016 Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. |
Bahrain | Privacy Rights | History | Articles 25 & 26 of the 1973 Bahrain Constitution protect privacy in the home and all types of communication. Article 25 states: "Places of residence shall be inviolable. They may not be entered or searched without the permission of their occupants except in the circumstances and manner specified by the law." Article 26 states: "Freedom of postal, telegraphic and telephonic communications and the secrecy thereof shall be guaranteed. No communications shall be censored nor the contents thereof revealed except in cases of necessity prescribed by the law and in accordance with the procedures and guarantees stated therein." References: “Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html |
Bangladesh | Privacy Rights | History | Article 43 of the 1972 Bangladesh Constitution grants the right to privacy in the home and correspondence: "Every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality or public health- (a) to be secured in his home against entry, search and seizure; and to the privacy of his correspondence and other means of communication." References: http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf |
Barbados | Privacy Rights | History | Article 11(b) of the 1966 Barbados Constitution grants every person in Barbados privacy of their home. Article 20(1) prevents interference in correspondence, and Article 20.2(b) affirmed the State's authority in enforcing laws "protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence...." References: https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html#ch1 |
Belarus | Privacy Rights | History | Article 28 of the 1994 Belarus Constitution asserts protection of many elements of private life, including communications and correspondence. Article 29 asserts protection of the status of the home. References: 1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults 1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e |
Belgium | Privacy Rights | History | Article 11 of the 27 October 1830 Draft Constitution of Belgium articulated a defense of the right to privacy in the home, and Article 27 did the same for privacy of correspondence. Articles 10 and 22 of the 1831 Belgium Constitution guaranteed privacy in the home and correspondence, respectively. References: English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults 1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831 |
Belize | Privacy Rights | History | In its only constitution since its independence, Belize protects privacy rights in Article 3(c). It protects family life, personal privacy, one’s home, and their dignity (Constitute Project, “Belize 1981 rev. 2011” ). References: 1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html |
Benin | Privacy Rights | History | Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed the privacy of correspondence, telegraphy, and communication over the telephone, conditioned by respect for public order. The inviolability of the domicile was guaranteed in Article 10 of the 1964 Constitution of the Republic of Dahomey, and the privacy of correspondence was guaranteed in Article 11 of the 1964 Constitution. The 1990 constitution protects privacy in the home and of correspondence in Articles 20 and 21, respectively. References: 1959 Constitution of the Republic of Dahomey: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=# 1964 Constitution of the Republic of Dahomey: English translation of the French original text fo the Constitution of 1964 152 (2011) Title II: The Rights and Duties of the Citizen: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbj0002&id=2&men_tab=srchresults 1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf |
Bhutan | Privacy Rights | History | In 2008, a new constitution was passed, which protected privacy rights in Article 19. Article 19 reads: "A person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence nor to unlawful attacks on the person's honour and reputation.” References: Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008 |
Bolivia | Privacy Rights | History | Article 147 of the 1826 Draft Constitution for the Republic of Bolivia protected the inviolability of the home, as did Article 152 of the 6 November 1826 Constitution. Article 160 of the 1831 Bolivia Constitution protected the privacy of correspondence: "The secrecy of Letters is inviolable; the Employees of the Post Office shall be responsible for the violation of this guarantee, except in such cases as the Laws shall provide." The 1831 Constitution continued to protect the inviolability of the home as well, in Article 152: "Every Bolivian's abode is an inviolable asylum. No forcible entry can be made therein, unless under such circumstances, and in such a manner, as the Law shall determine." Today, privacy rights are protected in Article 21(3). These protections are general, while Article 25 protects more specific privacy rights in the home and correspondence (Constitute Project, “Bolivia (Plurinational State of) 2009” ). References: 1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults 6 November 1826 Constitution of Bolivia: English translation of the original Constitution of 1826 6 (2010) Title II: Of Religion. https://heinonline.org/HOL/P?h=hein.cow/zzbo0003&i=1 1831 Constitution of Bolivia: English translation of the original text of the Constitution of 1831 836 (2010) Title the Last: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbo0004&id=20&collection=cow&index= “Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009 |
Bosnia and Herzegovina | Privacy Rights | History | In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." Section 14 of the 1910 Constitution of Bosnia and Herzegovina protected the privacy of the home, and Section 15 protected the privacy of correspondence. Privacy rights have been protected in Bosnia and Herzegovina since 1995 with their independence from Yugoslavia. The 1995 constitution protects these rights in Article 3(f). These protections include private and family life, home, and correspondence (Constitute Project, “Bosnia and Herzegovina 1995 rev. 2009” ). References: 1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults# “Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en. |
Botswana | Privacy Rights | History | The 1966 constitution of Botswana includes privacy protections of the home in Article 3(c) and Article 9. Article 12, in protecting freedom of expression, also protects correspondence. References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana |
Brazil | Privacy Rights | History | In its first constitution, Brazil guaranteed the inviolability of the home in Article 179.7 and of correspondence in Article 179.27. Today personal privacy, the home, and correspondence are protected in Article 5(X-XII) (Constitute Project, “Brazil 1988 rev. 2017” ). References: 1824 Political Constitution of the Empire of Brazil: https://en.wikisource.org/wiki/Constitution_of_the_Empire_of_Brazil 1988 Brazil Constitution: https://constituteproject.org/constitution/Brazil_ 2017? lang=en |
Brunei | Privacy Rights | History | Brunei lacks any legislation or constitutional provisions for privacy rights. The 1996 United States Department of State Report on Brunei Human Rights even says that law actively allows for intrusions of privacy. References: 1996 United States Department of State Report on Brunei Human Rights: https://1997-2001.state.gov/global/human_rights/1996_hrp_report/brunei.html |
Bulgaria | Privacy Rights | History | Article 74 of the 1879 Constitution of the Principality of Bulgaria protects the privacy of the home: "No person can be imprisoned, and no house searched, except under the conditions expressed by the laws." Article 77 of the 1879 Constitution protects the privacy of correspondence: "Private letters and telegrams are secret and inviolable. A special law will determine the responsibility of those to whom letters and telegrams are confided." These same rights to privacy with respect to the home and to correspondence were also promised by Articles 85 and 86, respectively, of the 1947 Constitution of the People's Republic of Bulgaria, as well as by Articles 49 and 51 of the 1971 Constitution of the People's Republic of Bulgaria. The right to privacy, including family life, private life, honor, dignity, and reputation, is protected in Article 32 of the 1991 constitution (Constitute Project, “Bulgaria 1991 rev. 2015”). References: 1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XII: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=7&men_tab=srchresults 1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index= 1971 Constitution of the People's Republic of Bulgaria: "Chapter III: Basic Rights and Obligations of the Citizens," [Constitution of the People's Republic of Bulgaria] (1971): 14-22 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0021&id=17&men_tab=srchresults 1991 Constitution of the Republic of Bulgaria: https://constituteproject.org/constitution/Bulgaria_ 2015? lang=en |
Burkina Faso | Privacy Rights | History | Article 11 of the 1970 Constitution of Upper Volta proclaimed the inviolability of the home. Section One, Paragraph 4 of the 1977 Constitution of Upper Volta protected the privacy of correspondence. The 1991 Burkina Faso Constitution protects privacy rights in Article 6. It reads, “The residence, the domicile, private and family life, [and] the secrecy of correspondence of every person, are inviolable. It can only be infringed according to the forms and in the cases specified by the law” (Constitute Project, “Burkina Faso 1991 rev. 2015” ). References: 1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults 1977 Constitution of Upper Volta: "Section I: The Liberties," Constitution de la Republique Haute-Volta (1977): 2-3 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0031&id=3&men_tab=srchresults https://constituteproject.org/constitution/Burkina_Faso_ 2015? lang=en |
Burundi | Privacy Rights | History | In the 1962 Constitution of Burundi, Article 12 provides for privacy of the home: "The domicile shall be inviolable. Search may not take place except in the circumstances and form provided by law." Article 20 concerns the status of privacy of correspondence: "The secrecy of correspondence shall be inviolable. Nevertheless, a law shall institute agents authorized to open suspect letters in the mails." In the 1998 Burundi Constitution, privacy rights are contained in Article 23 and protect privacy, family, home, and correspondence (Constitution Net, “Constitution of Burundi”). Today, they are contained in Article 28 of the 2018 constitution (Constitute Project, “Burundi 2018” ). References: English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults https://constituteproject.org/constitution/Burundi_ 2018? lang=en |
Cambodia | Privacy Rights | History | The 1947 Constitution offered privacy rights with reference to the home and to correspondence. Article 11 of that document held that "The domicile is inviolable. No one may get in except in the cases specified by the Law and according to the forms it prescribes." Article 12 concerned correspondence: "The secrecy of letters is inviolable, temporary derogations being explicitly provided for by the Law when the higher interest of the Nation makes it necessary." The 1993 constitution contains privacy rights in Article 40: “The rights to privacy of residence, and to the confidentiality of correspondence by mail, telegram, fax, telex and telephone, shall be guaranteed” (Office of the Council of the Ministers of Cambodia, “Constitution of the Kingdom of Cambodia”). References: 1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf 1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 |
Cameroon | Privacy Rights | History | Two elements of privacy were asserted in the 1972 Cameroon Constitution. The first concerned the home: "the home is inviolate. No search may be conducted except by virtue of the law". The second concerned correspondence: "the privacy of all correspondence is inviolate. No interference may be allowed except by virtue of decisions emanating from the Judicial power". References: 1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en |
Canada | Privacy Rights | History | According to section E8 of the Constitution Act of 1982, "Everyone has the right to be secure against unreasonable search or seizure." References: Constitution Act of 1982: https://laws-lois.justice.gc.ca/pdf/const_e.pdf |
Cape Verde | Privacy Rights | History | Article 33 makes violations of privacy inadmissible in court, while Article 38 grants the right to “personal identity, to civil rights, to a name, honor, and reputation, and to personal and family privacy”. Article 41 extends privacy rights to correspondence, and Article 42 extends it to electronic data privacy (Constitute Project, “Cape Verde 1980 rev. 1992” ). References: Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992 |
Central African Republic | Privacy Rights | History | In 1994, a new constitution was passed in the Central African Republic. Article 13 granted private communications inviolable and Article 14 did the same for the private home . Today, private communication is seen in Article 16 and the home is inviolable in Article 19 (Constitute Project, “Central African Republic 2016” ). References: Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf “Central African Republic 2016 Constitution.” Constitute. Last modified 2016. https://www.constituteproject.org/constitution/Central_African_Republic_2016 |
Chad | Privacy Rights | History | Article 5 of the 1959 Chad Constitution proclaimed the inviolability of the domicile. Both the 1996 and 2018 Chad Constitutions protect the right to privacy in Article 17 and the right to privacy in communications in Article 45 and 47, respectively. References: 1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults 1996 Chad Constitution: French original text of the Constitution of 1996. 4 (2009) Chapter I: Of the Freedoms and of the Fundamental Rights https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0001&id=6&men_tab=srchresults 2018 Chad Constitution: https://constituteproject.org/constitution/Chad_ 2018? lang=en |
Chile | Privacy Rights | History | Article 16 of the 1812 Provisional Constitutional Regulation of Chile offered protections relevant to the right to privacy: "The right that the citizens have to the security of their persons, homes and effects and papers, will be respected; and no orders will be made without probable cause, supported by a judicial affirmation [juramento], and without designating with clarity the places or things that will be examined or apprehended." Article 224 of the 1822 Constitution of Chile proclaimed the sanctity of "the inviolability of letters and the freedom of private conversations". The right to privacy is protected under the current constitution. Article 19.4 protects personal life and data: "Respect and protection of the private life and honor of the individual and his family, and specifically, the protection of his personal data. The treatment and protection of these data will be handled in the manner and conditions set forth by law...." Article 19.5 protects the home and communication: "The inviolability of the home and of all forms or private communication. The home can only be searched and the private communications and documents intercepted, opened or registered in the circumstances and manner prescribed by law...." References: 1812 Provisional Constitutional Regulation of Chile:"Provisional Constitutional Regulation, 26/27 October 1812," Provisional Constitutional Regulation, 26/27 October 1812 (1812): 1-10: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0108&id=9&men_tab=srchresults 1822 Constitution of Chile: English translation of the Spanish original text of the Constitution of 1822 27 (2013) Chapter IV: Of the Administration of Justice and of the Individual Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzcl0114&id=27&collection=cow&index= 1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021 |
China | Privacy Rights | History | The 1908 Memorial and Edict on Constitutional Government implied the privacy of the domicile: "Officers and people shall not be disturbed without cause in their possession of property, nor interfered with In their dwellings." In 1975, the Chinese Constitution protected the right to privacy to the person and the home in Chapter III, Article 28 (Constitution of the People’s Republic of China, 1975, 39). Today, Articles 38-40 protect privacy in China. Article 38 is for personal dignity, 39 for the home, and 40 for correspondence (Constitute Project, “China (People’s Republic of) 1982 rev. 2018” ). References: 1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults 1975 Constitution of the People's Republic of China: https://china.usc.edu/sites/default/files/article/attachments/peoples-republic-of-china-constitution-1975.pdf China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018 |
Colombia | Privacy Rights | History | Article 169 of the 1821 Constitution of the Republic of Colombia protected the privacy of the home, and article 170 of that Constitution protected the privacy of correspondence. The 1991 Colombian constitution is very explicit in its privacy protections in Article 15. Section 1 grants privacy to people and family life, section 2 is for data privacy, section 3 is for correspondence (Constitute Project, “Colombia 1991 rev. 2015” ). References: 1821 Constitution of the Republic of Colombia: English translation of the Spanish original text of the Constitution of 1821 718 (2009) Title VIII: General Regulations: https://heinonline.org/HOL/Page?handle=hein.cow/zzco0007&id=21&collection=cow&index=# 1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015 |
Comoros | Privacy Rights | History | Today, privacy provisions are in Article 26 and Article 27, which grant privacy in the home and correspondence (Constitute Project, “Comoros 2018” ). Before this constitution, similar clauses were in the 1996 constitutional preamble, drawn from the United Nations Universal Declaration of the Rights of Man (Constitution Net, “CONSTITUTION of the FEDERAL ISLAMIC REPUBLIC OF THE COMOROS”). https://constituteproject.org/constitution/Comoros_ 2018? lang=en http://constitutionnet.org/sites/default/files/Comoros%20Constitution.pdf |
Costa Rica | Privacy Rights | History | Today, privacy rights are protected in Articles 23 (the home) and 24 (communications and intimacy) (Constitute Project, “Costa Rica 1949 rev. 2020” ). https://constituteproject.org/constitution/Costa_Rica_ 2020? lang=en |
Croatia | Privacy Rights | History | Article 34 of the 1991 constitution protects the home. Article 35 protects personal and familial life, as well as dignity. Article 36 protects correspondence (Constitute Project, “Croatia 1991 rev. 2013” ). https://constituteproject.org/constitution/Croatia_ 2013? lang=en |
Cuba | Privacy Rights | History | The 2019 constitution protects personal and familial privacy in Article 48, the home in Article 49, and correspondence in Article 50 (Constitute Project, “Cuba 2019” ). Privacy was not in the previous Cuban constitution of 1976 (Constitute Project, “Cuba 1976 rev. 2002” ). https://constituteproject.org/constitution/Cuba_ 2019? lang=en https://constituteproject.org/constitution/Cuba_ 2002? lang=en |
Cyprus | Privacy Rights | History | Article 15 of the 1960 constitution reads: “Every person has the right to respect for his private and family life.” Article 16 expands these protections to the home, as Article 17 expands them to correspondence and communication (Constitute Project, “Cyprus 1960 rev. 2013” ). https://constituteproject.org/constitution/Cyprus_ 2013? lang=en |
Czech Republic | Privacy Rights | History | Article 7(1) of the 1993 constitution guarantees the inviolability of persons and private life. Article 10 protects life from intrusion by others, and it also protects data privacy (Constitute Project, “Czech Republic 1993 rev. 2013” ). https://constituteproject.org/constitution/Czech_Republic_ 2013? lang=en |
Democratic Republic of the Congo | Privacy Rights | History | The personal right to privacy is granted in Article 31 of the 2005 Constitution, while the home is protected under Article 29 (Constitute Project, “Congo (Democratic Republic of the) 2005 rev. 2011” ). Before this, the right to privacy in home and correspondence were granted in the Zaire 1990 constitution (amended from a previous version, though unclear which previous version) in Articles 22 & 23 (World Statesmen, “Complete Text of the Zairian Constitution After the Enactment of Law No. 90-002 of July 5, 1990 Concerning the Modification of Certain Provisions of the Constitution”). https://constituteproject.org/constitution/Democratic_Republic_of_the_Congo_ 2011? lang=en https://www.worldstatesmen.org/Zaire 1990. pdf |
Denmark | Privacy Rights | History | In the 1953 constitution, Article 72 protects the right to privacy in the home, while also preventing the search of private communications. It states that “The dwelling shall be inviolable,” which includes “house searching, seizure, and examination of letters and other papers.” (Constitute Project, “Demark 1953” ) The general form of the constitution derives from the 1849 Danish Constitution (Danish Parliament, “The Constitutional Act of Denmark”). References: 1849 Constitutional Act of Denmark: https://www.constituteproject.org/constitution/Denmark_1953 1953 Denmark Constitution: https://www.thedanishparliament.dk/en/democracy/the-constitutional-act-of-denmark |
Djibouti | Privacy Rights | History | Today, the right to privacy in the home and communications are protected in the 1992 constitution Articles 12 & 13. Personal life is not protected (Constitute Project, “Djibouti 1992 rev. 2010” ). https://constituteproject.org/constitution/Dominica_ 2014? lang=en |
Dominica | Privacy Rights | History | Article 1(c) of the only constitution Dominica has had, written in 1978, protects the right to privacy in the home. Article 7(1) protects privacy during a search (Constitute Project, "Dominica 1978 rev. 2014" ). https://constituteproject.org/constitution/Dominica_ 2014? lang=en |
Dominican Republic | Privacy Rights | History | In the 2015 constitution, Article 44 establishes a right to privacy and personal honor: In respect to right to privacy it reads “all people have the right to privacy. The respect and non-interference into private and family life, the home, and private correspondence are guaranteed.” The constitution has established that the “home and domicile and all private premises of the person are inviolable,” in addition to the recognition that people’s documents should be private: “The inviolability of private correspondence, documents, or messages in physical, digital, electronic, or all other formats is recognized.” The right to personal honor is established by “the right to honor, good name, and one’s own image are recognized. All authorities or individuals who violate them are obligated to compensate or repair them in accordance with the law.” https://www.constituteproject.org/constitution/Dominican_Republic_2015 |
East Timor | Privacy Rights | History | The Constitution of East Timor, or Timor-Leste, protects the right to private life, home, and communication during evidence collection in Article 34, privacy in general in Article 36, and privacy in the home and communication in Article 37. The text of Section 36 is noteworthy for the generality of its protection: "Every individual has the right to honour, good name and reputation, protection of his or her public image and privacy of his or her personal and family life." References: 2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf. |
Ecuador | Privacy Rights | History | Article 65 of the 1830 Constitution protected the inviolability of the home: "The house of a citizen is inviolable -therefore cannot be broken into except in cases and requirements prevented by law." The 1869 Constitution defended the right of inviolability of the home in similar terms in Article 105, and asserted protection of the privacy of correspondence in Article 107: "Epistolary correspondence is inviolable. Papers or goods belonging to private persons cannot be opened, intercepted, or examined, excepting in the cases specified by the law." The 1897 Constitution offered a similar defense of privacy of correspondence, but applied the guarantee more broadly: "Epistolary and telegraphic correspondence is inviolable, and may not be made use of in trials for political offences. It is forbidden to intercept, open, or register papers or effects which are private property, except in the cases indicated by law." Article 11(3) of the 2008 Constitution enforces and protects the rights put forth by the constitution and international treaties: “The rights and guarantees set forth in the Constitution and in international human rights instruments shall be directly and immediately enforced by and before any civil, administrative or judicial servant, either by virtue of their office or at the request of the party”. In Chapter 6, Rights to Freedom, Article 66, Sections 11 and 19-22 set out more specific privacy regulations in terms of convictions, correspondence, the home, personal data, and privacy rights (Constitute Project, “Ecuador 2008 rev. 2021). References: 1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults 1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults 1878 Constitution of Ecuador: Spanish text of the constitution of 1878 414 (2017) Section III: Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0056&id=1&men_tab=srchresults 2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en. |
Egypt | Privacy Rights | History | The 1923 constitution of Egypt protects personal freedom in Article 4, privacy in the home in Article 8, and correspondence in Article 11 (Constitution Net, “Royal Decree No. 42 of 1923 On Building a Constitutional System for the Egyptian State”). Today, these rights are protected in Articles 57 & 58 (Constitute Project, “Egypt 2014 rev. 2019” ). References: “Royal Decree No. 42 of 1923” 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf https://www.constituteproject.org/constitution/Egypt_2019?lang=en |
El Salvador | Privacy Rights | History | Chapter 16, Section 77 of the 1841 Constitution of the State of Salvador reads: "Every Salvadorean has a right to be protected from inquisitions, compulsory search, and restraints, as regards his person, house, papers, family, and all his possessions." Article 2 of the 1983 constitution explicitly protects the “right to honor, personal and family intimacy, and one’s own image.” Article 6 allows for free communication as long as it does not violate the private lives of others. Article 24 protects correspondence (Constitute Project, “El Salvador 1983 rev. 2014” ). English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222 https://constituteproject.org/constitution/El_Salvador_ 2014? lang=en |
Equatorial Guinea | Privacy Rights | History | Today, Article 13 of the 1991 constitution protects rights and freedoms. In section 1(g), the right to privacy in communications and the home is protected (Constitute Project, “Equatorial Guinea 1991 rev. 2012” ). Translations of the 1968, 1973, and 1982 constitutions could not be found. https://constituteproject.org/constitution/Equatorial_Guinea_ 2012? lang=en |
Eritrea | Privacy Rights | History | In its history, Eritrea has only had one constitution and it protects the right to privacy in Article 18. Specific privacies are not mentioned but it is an overarching declaration of the protection of the right: “Every person shall have the right to privacy” (Constitute Project, “Eritrea 1997” ). https://constituteproject.org/constitution/Eritrea_ 1997? lang=en |
Estonia | Privacy Rights | History | The 1920 constitution of Estonia protected personal privacy in Paragraph 8. Paragraph 10 protected the homestead and Paragraph 14 protected communications (Wikisource, “Constitution of the Esthonian Republic ( 1920) ”). Today, privacy rights are guaranteed in Section 26 (Riigi Teataja, “The Constitution of the Republic of Estonia”). https://www.riigiteataja.ee/en/eli/521052015001/consolide https://en.wikisource.org/wiki/Constitution_of_the_Esthonian_Republic_( 1920) |
Eswatini | Privacy Rights | History | Article 14(1) names and protects fundamental rights, and subsection C reads “protection of the privacy of the home and other property rights of the individual” (Constitute Project, “Eswatini 2005” ). Previous iterations of the constitutions from 1967 and 1968 could not be found. https://constituteproject.org/constitution/Swaziland_ 2005? lang=en |
Ethiopia | Privacy Rights | History | The 1931 constitution protects correspondence privacy in Article 26 (Ethiopian Legal Brief, “Ethiopian Constitution of 1931” ). In Article 25, the home is claimed as private. Article 26 of the 1994 Constitution establishes the right to privacy, including in their home and communication: “Everyone has the right to privacy. This right shall include the right not to be subjected to searches of his home, person or property, or the seizure of any property under his personal possession. Everyone has the right to the inviolability of his notes and correspondence including postal letters, and communications made by means of telephone, telecommunications and electronic devices.” References: https://chilot.files.wordpress.com/2011/04/ethiopian-constitution-of-1931.pdf https://www.constituteproject.org/constitution/Ethiopia_1994 |
Federated States of Micronesia | Privacy Rights | History | Article IV Section 5 of the constitution of 1978 says “The right of the people to be secure in their persons, houses, papers, and other possessions against unreasonable search, seizure, or invasion of privacy may not be violated. A warrant may not issue except on probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized” (Constitute Project, “Micronesia (Federated States of) 1978 rev. 1990” ). https://www.constituteproject.org/constitution/Micronesia_ 1990? lang=en |
Fiji | Privacy Rights | History | The 1970 Fiji constitution, its first after independence from Britain, protected the right to privacy in the home in Article 3(c) (Constitution Net, “Fiji Independence Order 1970 and Constitution of Fiji”). Today, the 2013 constitution expands the right to privacy from the home to include the right to private and family life, privacy in correspondence, and data privacy in Article 24 ("Constitution of Fiji, 2013” ). References: 1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf 2013 Constitution of Fiji: https://www.laws.gov.fj/Home/information/constitutionoftherepublicoffiji#:~:text=The%20Constitution%20of%20the%20Republic,the%20procedures%20in%20the%20Constitution. |
Finland | Privacy Rights | History | Originally, the 1919 Finnish Constitution protected privacy in Section 8 (RefWorld, “Constitution Act of Finland”). Today, Section 10 of the Finnish Constitution protects the right to privacy with similar language. It says, “Everyone's private life, honour and the sanctity of the home are guaranteed. More detailed provisions on the protection of personal data are laid down by an Act. The secrecy of correspondence, telephony and other confidential communications is inviolable” (Constitute Project, “Finland 1999 rev. 2011” ). https://constituteproject.org/constitution/Finland_ 2011? lang=en https://www.refworld.org/docid/3ae6b53418.html |
France | Privacy Rights | History | The right to privacy in France is implied in Article IV of the Declaration of the Rights of Man and the Citizen of 26 August 1789. Article IV reads, “Liberty consists of being able to do everything that does not harm anybody else: thus the exercise of the natural rights of every man has no boundaries except those that ensure to other Members of the Society the enjoyment of those same rights” (Hardt, Kiiver, Kristofertisch). The Declaration of the Rights of Man is still in force today due to the Preamble of the 1958 French Constitution. Sascha Hardt, Phillip Kiiver & Gisela Kristofertisch. ( 2019) . Comparative Constitutional Law Documents. “Declaration of the Rights of Man and the Citizen [Declaration des Driots de L’Homme et du Citoyen] of 26 August 1789” and “Constitution of the V. Republic of 4 October 1958. ” |
Gabon | Privacy Rights | History | Article 1 of the constitution lays out fundamental rights granted within the state (Constitute Project, “Gabon 1991 rev. 2011” ). Section 5 of Article 1 protects the privacy of correspondence. Section 12 claims the inviolability of the domicile. The current constitution is based on the 1961 constitution, though it was rewritten in 1991. https://constituteproject.org/constitution/Gabon_ 2011? lang=en |
Georgia | Privacy Rights | History | Today, Article 15 in the 1995 constitution of Georgia protects the right to personal privacy, personal space, and privacy of communication. Additionally, Article 9 claims the inviolability of human dignity (Constitute Project, “Georgia 1995 rev. 2018” ). https://constituteproject.org/constitution/Georgia_ 2018? lang=en |
Germany | Privacy Rights | History | Article 3, Sections 10-12 of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted some elements of privacy rights. Section 10 defended the inviolability of the home, Section 11 protected papers within the home, and Section 12 defended the secrecy of correspondence outside the context of criminal investigation or war. Article 117 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guarantees privacy rights: "The secrecy of letters and all postal, telegraphic and telephone communications is inviolable. Exceptions are inadmissable except by Reich law." Germany Basic Law for the Federal Republic of Germany (The Bonn Constitution), passed in 1949, provides for privacy in a couple of places. Article 1(1) protects an individual’s dignity, and Article 10 protects privacy in correspondence and telecommunications. Article 13 protects the home. References: "IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 210-211: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index= The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840 Germany Basic Law for the Federal Republic of Germany: "I: Basic Rights ," The Bonn Constitution; Basic Law for the Federal Republic of Germany (1949): 1-7: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0008&id=5&collection=cow&index= |
Ghana | Privacy Rights | History | In the 1992 constitution, still in force today, the right to privacy in the home and correspondence is found in Article 18(2) (Constitute Project, “Ghana 1992 rev. 1996” ). https://constituteproject.org/constitution/Ghana_ 1996? lang=en |
Greece | Privacy Rights | History | Article 9 of the 1975 Constitution establishes the right to privacy in people’s homes: “Every person's home is a sanctuary. The private and family life of the individual is inviolable.” Article 9A provides constitutional data privacy protections In Article 19 of the 1975 Constitution, the right to privacy in any form of communication is established: “Secrecy of letters and all other forms of free correspondence or communication shall be absolutely inviolable.” |
Grenada | Privacy Rights | History | The 1973 constitution of Grenada, the country’s first, protected the right to privacy in Article 1(c) (Commonwealth Parliamentary Association, “The Grenada Constitution Order 1973” ). Specifically, it protected the home and other property. Today, the 1973 constitution takes on similar language in Article 1(c) (Constitute Project, “Grenada 1973, reinst. 1991, rev. 1992” ). https://constituteproject.org/constitution/Grenada_ 1992? lang=en https://www.cpahq.org/media/gq5dtcj5/gre_constitution.pdf |
Guatemala | Privacy Rights | History | There are two provisions for privacy protection in the 1985 Guatemalan Constitution. Article 23 grants privacy in the home (vivienda) and Article 24 protects correspondence and other documents (Constitute Project, “Guatemala 1985 rev. 1993” ). https://constituteproject.org/constitution/Guatemala_ 1993? lang=en |
Guinea | Privacy Rights | History | The 2010 constitution of Guinea protects private life, correspondence, and the home in Article 12: “The domicile is inviolable. It may be infringed only in the case of grave and imminent peril, to evade [parer] a common danger or to protect the life of the persons. All other infringement, all search may only be ordered by the judge or by the authority that the law designates and in the forms prescribed by it. The secrecy of correspondence and of communication is inviolable. Each one has the right to the protection of their private life” (Constitute Project, “Guinea’s Constitution of 2010” ). https://www.constituteproject.org/constitution/Guinea_ 2010. pdf |
Guinea-Bissau | Privacy Rights | History | According to Article 19 of the 1973 Gunea-Bissau Constitution"The state shall recognize the right of citizens to the inviolability of the domicile and the secrecy of commerce." Article 44 of the 1984 constitution grants the right to protection of personal and private life. Article 48 grants privacy in the home and correspondence (Constitute Project, “Guinea-Bissau 1984 rev. 1996” ). References: 1973 Guines-Bissau Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s 1984 Guinea-Bissau Constitution: https://constituteproject.org/constitution/Guinea_Bissau_ 1996? lang=en |
Guyana | Privacy Rights | History | In 1966, Guyana gained independence from Britain and, in the same order, passed its constitution. The 1966 constitution provided for protection in the home from others in Article 3(c) (Guyana Parliament, “The Guyana Independence Order 1966” ). http://parliament.gov.gy/new2/documents/bills/2 1123/ statutory_instrument_guyana_independence_order_ 1966_ no_575.pdf |
Haiti | Privacy Rights | History | In 1801, the first constitution of Haiti protected the privacy of the home in Article 63 (Louverture Project, “Constitution of 1801” ). Today, Article 49 of the 1987 constitution protect protects communications (Constitute Project, “Haiti 1987 rev. 2012” ). https://constituteproject.org/constitution/Haiti_ 2012? lang=en http://thelouvertureproject.org/index.php?title=Haitian_Constitution_of_ 1801_ (English) |
Honduras | Privacy Rights | History | The 1982 constitution provides for privacy protections in Article 76. In this text, one is granted “The right to honor, to personal privacy, to family, and to one's dignity” (Constitute Project, “Hungary 1982 rev. 2013" ). https://constituteproject.org/constitution/Honduras_ 2013? lang=en |
Hungary | Privacy Rights | History | The 1949 constitution was the first to include privacy rights. In Article 57, personal privacy, as well as privacy in the home and correspondence are protected: “he Hungarian People's Republic guarantees the personal freedom and privileges of the citizens, and respects the secrecy of correspondence and the inviolability of the home” (Princeton University, “CONSTITUTION of the People's Republic of Hungary - Budapest, 20th August 1949” ). In the most recent constitution from 2011, these rights are protected in Article VI (Constitute Project, “Hungary 2011 rev. 2016” ). https://constituteproject.org/constitution/Hungary_ 2016? lang=en https://lapa.princeton.edu/hosteddocs/hungary/ 1949% 20Hungarian%20constitution.pdf |
Iceland | Privacy Rights | History | Article 71 says, “Everyone shall enjoy freedom from interference with privacy, home, and family life” (Constitute Project, “Iceland 1944 rev. 2013” ). This article is in the 1944 constitution, which is largely based on the 1874 constitutional text that preceded it (Icelandic Human Rights Center, “Icelandic Law”). https://www.humanrights.is/en/laws-conventions/icelandic-law https://constituteproject.org/constitution/Iceland_ 2013? lang=en |
India | Privacy Rights | History | While not explicitly mentioned in the Indian constitution, the right to privacy has been recognized by the Indian Supreme Court. In 2017, they ruled unanimously that the right to privacy for all people falls under Article 21, which provides the “protection of life and personal liberty” (McCarthy; Mahapatra & Choudhary). McCarthy, J. ( 2017, Aug. 24). Indian Supreme Court declares privacy a fundamental right. NPR. https://www.npr.org/sections/thetwo-way/ 2017/ 08/24/545963181/indian-supreme-court-declares-privacy-a-fundamental-right Mahapatra, D. & Choudhary, A.A. ( 2017, Aug. 24). Right to privacy is a fundamental right, it is intrinsic to the right to life: Supreme Court. Times of India. https://timesofindia.indiatimes.com/india/right-to-privacy-is-a-fundamental-right-supreme-court/articleshow/60203394.cms |
Indonesia | Privacy Rights | History | While the Republic of Indonesia’s Constitution does not explicitly mention privacy, it protects the right to communication in Article 28(f) and the right to security of oneself and one’s property in Article 28(g), concepts which are often in accordance with property rights (“State of Privacy,” 2019). However, separate laws in Indonesia have dealt with privacy rights, including the 1999 Law on Telecommunications. Article 40 of this law prohibits eavesdropping; Article 42(1) requires telecommunications providers to keep transmitted information confidential; and Article 42(2), Article 43, and Article 44 highlight the procedures for the state to gain information from telecommunications providers in criminal investigations. Additionally, protection of personal data and information has been included in a multitude of legislation in the past few decades, including but not limited to: the 1998 Banking Law, 1999 Consumer Protection Law, the 2008 Electronic Information and Transaction Law, and the 2009 Hospital Law (“State of Privacy,” 2019). References: “Constitution of Indonesia 1945 (reinst. 1959, rev. 2002)”. Constitute Project. https://www.constituteproject.org/constitution/Indonesia_2002 “Law of the Republic of Indonesia No. 36 of 1999 Regarding Telecommunications.” Department of Communications Directorate General of Post and Telecommunications. https://www.postel.go.id/content/EN/regulasi/telecommunication/uu/law36-1999.pdf “State of Privacy in Indonesia”. 2019. Privacy International. https://www.privacyinternational.org/state-privacy/1003/state-privacy-indonesia |
Iran | Privacy Rights | History | Some elements of what we would consider the right to privacy were guaranteed in the Supplementary Constitutional Law of 7 October 1907. Article 13 of that document focused on privacy in the home: "The dwelling-place and house of every individual is inviolable. In no dwelling-place can forcible entry be made, except by order of, and in the manner defined by, law." Article 22 discussed correspondence: "Postal communications are inviolable and exempt from seizure or opening, except in cases in which the law makes exception." Article 23 focused on telegraphy: "The publication or seizure of telegraphic communications without the permission of the author of the telegram is forbidden, except in cases in which the law makes exception." While the constitution of Iran does not protect privacy, it does guarantee protection of the law which conforms with Islamic Law in Article 20 (Constitute Project, “Iran (Islamic Republic of) 1979 rev. 1989” ). Islam provides such protections within the Quran (Hayat, M.H., “Privacy and Islam: From the Quran to data protection in Pakistan”). References: Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults# iran Constitution 1979: https://constituteproject.org/constitution/Iran_ 1989? lang=en Muhammad Aslam Hayat (2007) Privacy and Islam: From the Quran to data protection in Pakistan, Information & Communications Technology Law, 16:2, 137-148 |
Iraq | Privacy Rights | History | Article 15 of the 1925 Iraq Constitution protected the privacy of communication: "All postal and telegraphic correspondence and all telephonic communications shall be secret and free from censorship or detention, except in such circumstances and in such manner as may be prescribed by law." Article 8 guaranteed the "inviolability of all places of residence". The 2005 constitution protects the right to personal privacy in Article 17(1) and the right to privacy in the home in Article 17(2). References: Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html “Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005. |
Israel | Privacy Rights | History | Privacy rights in Israel derive from the Basic Law Human Liberty and Dignity of 1992. In this law, Article 7 protects privacy, intimacy, private premises, and confidential communications (Constitute Project, “Israel 1953 rev. 2013” ). https://constituteproject.org/constitution/Israel_ 2013? lang=en |
Italy | Privacy Rights | History | Articles 13, 14, and 15 of the Italian Constitution deal with various aspects of the right to privacy. Article 13 states that no person shall be inspected or searched without an order from the Judiciary. Article 14 expands upon that, stating that “home inspections, searches, or seizures shall not be admissible save in the cases and manners complying with measures to safeguard personal liberty. Controls and inspections for reason of public health and safety, or for economic and fiscal purposes, shall be regulated by appropriate laws.” Article 15 provides freedom of confidentiality of correspondence, with limitations only by judicial decision. Also, the 1997 Data Protection Act created the Italian Data Protection Authority which protects “fundamental rights and freedoms in connection with the processing of personal data, and to ensure respect for individuals' dignity.” References: “Constitution of the Italian Republic.” Senato della Repubblica. https://www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf “The Italian Data Protection Authority: Who We Are.” Garante Per La Protezione Dei Dati Personali. https://www.garanteprivacy.it/web/garante-privacy-en/the-italian-data-protection-authority-who-we-are#:~:text=The%20Italian%20Data%20Protection%20Authority%20 |
Ivory Coast | Privacy Rights | History | The only specific privacy right mentioned in the constitution is that in Article 8, which inviolably protects the home (Constitute Project, “Côte d'Ivoire 2016” ). https://constituteproject.org/countries/Africa/Cote_d_Ivoire?lang=en |
Jamaica | Privacy Rights | History | Chapter III of the 1962 constitution protects the fundamental rights and freedoms of Jamaicans. In Section 3(j) of Article 13, privacy protections are granted to persons, property, private and family life, and communication (Constitute Project, “Jamaica 1962 rev. 2015” ). https://constituteproject.org/constitution/Jamaica_ 2015? lang=en |
Japan | Privacy Rights | History | Article 25 of the 1889 Japan Constitution protected the privacy of the home: "Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his consent". Article 26 of the 1889 Constitution protected correspondence: "Except in the cases mentioned in the law, the secrecy of the letters of every Japanese subject shall remain inviolable." In the 1946 Constitution, Article 35 protects the home, and Article 21 protects communication: "No censorship shall be maintained, nor shall the secrecy of any means of communication be violated." References: 1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889 1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html |
Jordan | Privacy Rights | History | Article 7 of the 1952 constitution says, “1. Personal freedom shall be guaranteed. 2. Every infringement on rights and public freedoms or the inviolability of the private life of Jordanians is a crime punishable by law.” Article 18 protects communications and Article 10 protects the home (Constitute Project, “Jordan 1952 rev. 2016” ). https://constituteproject.org/constitution/Jordan_ 2016? lang=en |
Kazakhstan | Privacy Rights | History | Article 33 of the 1993 Kazakhstan Constitution reads: "Private life of a citizen shall be inviolable. Intrusion upon private life of a citizen, and also infringement upon his honor and dignity shall be prohibited." Article 34 guarantees the inviolability of the home. Kazakhstan protected the right to privacy in Article 18 of its 1995 Constitution. It says, “1. Everyone shall have the right to inviolability of private life, personal or family secrets, protection of honor and dignity. 2. Everyone shall have the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph, and other messages. Limitation of this right shall be permitted only in the cases and according to the procedure directly established by law. 3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests” (Constitute Project, “Kazakhstan 1995 rev. 2017” ). References: "The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 114 1995 Constitution: https://www.constituteproject.org/constitution/Kazakhstan_2017 |
Kenya | Privacy Rights | History | In 1963, the Kenyan Constitution protected privacy in the home and other property in Article 14(c) (Kenya Law, “ 1963 Constitution”). Article 23(1) protected correspondence from interference. Today, Article 31 of the 2010 Kenyan Constitution gives every person the right to privacy in their person, home, possessions, family life, and correspondence (Constitute Project, “Kenya 2010 Constitution”). References: 1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf 2010 Constitution of Kenya: https://constituteproject.org/constitution/Kenya_2010 |
Kingdom of the Netherlands | Privacy Rights | History | Article 10 of the 1814 Constitution grants privacy rights to persons in the Kingdom of the Netherlands. 10(1) states “Everyone has, save for limitations to be provided by or pursuant to statute, the right to respect for his private life.” Article 13 protects private correspondence and Article 12 protects the home (Hardt & Kiiver, 2019, 141). Sascha Hardt & Phillip Kiiver. Comparative Constitutional Law Documents. “Constitution for the Kingdom of the Netherlands of 24 August 1815. ” |
Kiribati | Privacy Rights | History | Article 3 of the 1979 constitution calls for the protection of privacy in the home and Article 9 protects a person from searches (Constitute Project, “Kiribati 1979 rev. 2013” ). https://constituteproject.org/countries/Oceania/Kiribati?lang=en |
Kuwait | Privacy Rights | History | Kuwait’s 1962 constitution has been reinstated twice, but it does not mention privacy rights generally. It does, however, protect the inviolability of the home in Article 38 (Constitute Project, “Kuwait 1962 reinst. 1992” ). https://constituteproject.org/constitution/Kuwait_ 1992? lang=en |
Kyrgyzstan | Privacy Rights | History | According to Article 39.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "The state shall guarantee everyone a protection from arbitrary and unlawful interference with one's private and family life, infringement of one's honor and dignity, breach of secrecy of correspondence and telephone conversations." References: 1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html |
Laos | Privacy Rights | History | Privacy rights are scarcely protected in Laos. The revised 2015 constitution protects violations of life, body, integrity, and property in Article 42, which has been amended since the implementation of the constitution in 1991 (Constitute Project, “Lao People’s Democratic Republic 1991 rev. 2015” ). https://media.bloomsburyprofessional.com/rep/files/laos-constitution- 1947- 1949- englishx.pdf https://constituteproject.org/constitution/Laos_ 2015? lang=en |
Latvia | Privacy Rights | History | Article 96 of the 1922 constitution states “Everyone has the right to inviolability of his or her private life, home and correspondence” (Constitute Project, “Latvia 1922, reinst. 1991, rev. 2016” ). https://constituteproject.org/constitution/Latvia_ 2016? lang=en |
Lebanon | Privacy Rights | History | The constitution provides no protections for general privacy rights. However, Article 14 does protect the inviolability of the home (Constitute Project, “Lebanon 1926 rev. 2004” ). https://constituteproject.org/constitution/Lebanon_ 2004? lang=en |
Lesotho | Privacy Rights | History | The 1993 constitution of Lesotho sets forth fundamental rights which are granted to each person in Lesotho in Article 4. In Section 1(g) of Article 4, the right to respect for family and private life is protected. In Article 11, this right is expanded upon and clarified: "Every person shall be entitled to respect for his private an family life and his home." Article 14 guaranteed freedom of interference with correspondence. (Constitute Project, “Lesotho 1993 rev. 2018” ). References: https://constituteproject.org/constitution/Lesotho_ 2018? lang=en |
Liberia | Privacy Rights | History | The 1825 and 1847 constitutions of Liberia did not included mention of privacy rights. The first protection of privacy rights was in the 1986 constitution, Article 16. Article 16 states “No person shall be subjected to interference with his privacy of person, family, home or correspondence except by order of a court of competent jurisdiction” (Constitute Project, “Liberia 1986” ). http://crc.gov.lr/doc/CONSTITUTION%20OF%20 1847% 20final.pdf https://constituteproject.org/constitution/Liberia_ 1986? lang=en |
Libya | Privacy Rights | History | The interim constitution of 2011 is the first to grant privacy rights. It does so in Articles 11-13. These articles protect homes, private life, and correspondence (Constitute Project, “Libya 2011 rev. 2012” ). https://www.constituteproject.org/constitution/Libya_ 2012? lang=en |
Liechtenstein | Privacy Rights | History | The 1862 constitution alludes to privacy rights in the home in Article 12 (Wright, “Constitution of 26 September 1862. ”). Today, privacy rights go further under the 1921 constitution, with Article 32 guaranteeing “Personal liberty, the immunity of the home and the inviolability of letters and written matter” (Constitute Project, “Liechtenstein 1921 rev. 2011” ). https://books.google.com/books?id=kXBDAAAAIAAJ&pg=PA375&lpg=PA375&dq= 1862+ Constitution+of+Liechtenstein+full+text&source=bl&ots=6dAZ5MiCdX&sig=YurO0ujdxMdcKsMLT_DfGdxPCm0&hl=en&sa=X&ei=axZlU-b1KorroATU9oG4Cg#v=onepage&q=priva&f=false https://www.constituteproject.org/constitution/Liechtenstein_ 2011? lang=en |
Lithuania | Privacy Rights | History | Articles 22 and 24 grant privacy rights in Lithuania. Article 22 declares the inviolability of the private life, including correspondence and data, and Article 24 protects the home (Constitute Project, “Lithuania 1992 rev. 2019” ). https://www.constituteproject.org/constitution/Lithuania_ 2019? lang=en |
Luxembourg | Privacy Rights | History | The 1868 constitution, since amended, protects private life in Article 3. In Article 15, it protects the home and in Article 28, correspondence (Constitute Project, “Luxembourg 1868 rev. 2009” ). https://www.constituteproject.org/constitution/Luxembourg_ 2009? lang=en |
Madagascar | Privacy Rights | History | Article 13(1) governs privacy rights in Madagascar. It assures each individual “the inviolability of their person, their domicile and of the secrecy of their correspondence” (Constitute Project, “Madagascar 2010” ). https://www.constituteproject.org/constitution/Madagascar_ 2010? lang=en |
Malawi | Privacy Rights | History | The 1964 Malawi Constitution protects the person from search and the home from entry and search at article 17(1). Article 11(c) promises to the citizen of Malawi "protection for the privacy of his home and other property." Article 20(1) protected against interference with correspondence. The 1994 Malawi Constitution protects personal privacy in Article 21. As defined in the article, personal privacy protects possessions, home, and property (Constitute Project, “Malawi 1994 rev. 2017” ). References: “Constitution of Malawi.” Citizenship Rights Africa. Accessed July 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf https://www.constituteproject.org/constitution/Malawi_ 2017? lang=en |
Malaysia | Privacy Rights | History | Data privacy was guaranteed by the Personal Data Protection Act of 2010. This law came into force in 2013 and is focused on data privacy specifically rather than privacy rights generally. References: https://thelawreviews.co.uk/title/the-privacy-data-protection-and-cybersecurity-law-review/malaysia Malaysia's Constitution of 1957 with Amendments through 2007: https://www.constituteproject.org/constitution/Malaysia_2007.pdf |
Maldives | Privacy Rights | History | Articles 9 and 12 of the are relevant to privacy rights. Article 9 protects the private home: "Private premises and dwellings shall be respected. Such premises and dwellings shall not be trespassed, save under conditions stipulated in the law." Article 12 protects communications: "Letters, correspondence, telephone calls, telegrams and wireless messages exchanged between person shall not be opened, intercepted, read or divulged, except in accordance with the express provision in the law." Article 24 of the 2008 Constitution grants the right to privacy in the Maldives. It says: “Everyone has the right to respect for his private and family life, his home and his private communications. Every person must respect these rights with respect to others” (Constitute Project, “Maldives 2008” ). References: 1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723# 2008 Maldives Constitution: https://www.constituteproject.org/constitution/Maldives_2008 |
Mali | Privacy Rights | History | Various aspects of the right to privacy are protected in Mali’s 1992 Constitution. Article 6 states that “The domicile, domain (people and things), private and family life, secrecy of correspondence and communication shall be inviolable. These areas shall only be touched within conditions preordained by the law.” Additionally, Law No. 15 of 2013 governs the protection of personal data in Mali, and the Mali Data Protection Authority (APDP) monitors data protection in the state (Watt and Itoua, 2024). References: “Mali 1992 Constitution.” Constitute Project, translated by Daniel G. Anna. Accessed July 19, 2024. https://www.constituteproject.org/constitution/Mali_1992 Watt, Fatoumata, and Ismael Itoua. 2024. “Mali - Data Protection Overview.” Data Guidance. https://www.dataguidance.com/notes/mali-data-protection-overview |
Malta | Privacy Rights | History | Article 32 of the Maltese Constitution protects the right to private and family life. Article 38 protects the home (Constitute Project, “Malta 1964 rev. 2016” ). https://www.constituteproject.org/constitution/Malta_ 2016? lang=en |
Marshall Islands | Privacy Rights | History | Section 13 of the Marshall Islands’ constitution protects personal autonomy. It says: “All persons shall be free from unreasonable interference in personal choices that do not injure others and from unreasonable intrusions into their privacy” (Constitute Project, “Marshall Islands 1979 rev. 1995” ). https://www.constituteproject.org/constitution/Marshall_Islands_ 1995? lang=en |
Mauritania | Privacy Rights | History | Article 13(4) protects the right to privacy in Mauritania: “The honor and the private life of the citizen, the inviolability of the human person, of his domicile and of his correspondence are guaranteed by the State” (Constitute Project, "Mauritania 1991 rev. 2012" ). https://www.constituteproject.org/constitution/Mauritania_ 2012? lang=en |
Mauritius | Privacy Rights | History | The sole constitution of Mauritius from 1968 is limited in what it says about privacy rights. It only protects a person and their property from a search in Article 9 (Constitute Project, "Mauritius 1968 rev. 2016" ). https://www.constituteproject.org/constitution/Mauritius_ 2016? lang=en |
Mexico | Privacy Rights | History | Article 7 of the 1857 constitution prevents writers from writing about people’s private lives (World History Commons, “Federal Constitution of the United Mexican States of 1857” ). Today, Article 16 of the 1917 constitution protects the privacy rights and data privacy in Mexico: “No person shall be disturbed in his private affairs, his/her family, papers, properties or be invaded at home without a written order from a competent authority, duly explaining the legal cause of the proceeding. All people have the right to enjoy protection on his personal data, and to access, correct and cancel such data. All people have the right to oppose the disclosure of his data, according to the law. The law shall establish exceptions to the criteria that rule the handling of data, due to national security reasons, law and order, public security, public health, or protection of third party’s rights” (Constitute Project, “Mexico 1917 rev. 2015” ). https://www.constituteproject.org/constitution/Mexico_ 2015? lang=en https://worldhistorycommons.org/federal-constitution-united-mexican-states- 1857 |
Moldova | Privacy Rights | History | Today, Articles 28-30 of the 1994 constitution protect privacy rights in Moldova. Article 28 grants privacy in private and family life, Article 29 in the home, and Article 30 in correspondence (Constitute Project, “Moldova 1994 rev. 2016” ). https://www.constituteproject.org/constitution/Moldova_ 2016? lang=en |
Monaco | Privacy Rights | History | The 1962 constitution, still in force today, protects the home in Article 21 and the general right to privacy in Article 22. Article 22 calls out private and family life as well as correspondence (Constitute Project, “Monaco 1962 rev 2002” ). https://www.constituteproject.org/constitution/Monaco_ 2002? lang=en |
Mongolia | Privacy Rights | History | Article 87 of the 1940 Constitution of the Mongol People's Republic: "The inviolability of the homes of citizens and privacy of correspondence are protected by law." Article 16(13) of the 1992 constitution protects the right to personal liberty and safety. It says, “The privacy of citizens, their families, confidentiality of correspondence and communication, and the inviolability of home residence shall be protected by law” (Constitute Project, “Mongolia 1992 rev. 2001) . References: 1940 Constitution of the Mongol People's Republic: Peaslee Amos J. Constitutions of Nations. Concord, Rumford Press (1950). https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.beal/connat0002&id=494&men_tab=srchresults https://www.constituteproject.org/constitution/Mongolia_ 2001? lang=en |
Montenegro | Privacy Rights | History | According to Article 211 of the 1905 Montenegro Constitution: "Epistolary and telegraphic privacy is inviolable except in case of war or judicial inquiry." Article 20 of the 1992 constitution says, “physical and psychological integrity of man, his privacy and personal rights are inviolable” (Venice Commission, “Constitution of the Republic of Montenegro”). Today, Article 28 says “The inviolability of the physical and mental integrity of a man, and privacy and individual rights thereof shall be guaranteed” (Constitute Project, “Montenegro 2007 rev. 2013” ). https://www.venice.coe.int/webforms/documents/?pdf=CDL( 2005) 096-e https://www.constituteproject.org/constitution/Montenegro_ 2013? lang=en 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= |
Morocco | Privacy Rights | History | The 2011 Moroccan constitution was the first to have fundamental rights based on international treaties (Moroccan Government, “Constitution”). This made it the first to guarantee the right to privacy, which was achieved in Article 24 (Moroccan Government, “Constitution”; Constitute Project, “Morocco 2011” ). Article 24 protects private life, the home, and correspondence (Constitute Project, “Morocco 2011” ). https://www.maroc.ma/en/content/constitution https://www.constituteproject.org/constitution/Morocco_ 2011? lang=en |
Mozambique | Privacy Rights | History | The 1975 constitution of Mozambique granted “All citizens … the right to their honor, good name and reputation, as well as the right to privacy and to defend their public image” (RefWorld, “Constitution of the Republic of Mozambique”). This is echoed in Article 41 of the 2004 constitution (Constitute Project, “Mozambique 2004 rev. 2007” ). https://www.refworld.org/docid/3ae6b4f40.html https://www.constituteproject.org/constitution/Mozambique_ 2007? lang=en |
Myanmar | Privacy Rights | History | Article 160 in the 1974 Burmese Constitution grants privacy for home, property, correspondence, and communications (Burma Library, “THE CONSTITUTION OF THE UNION OF BURMA ( 1974) ”). Today, these same protections are afforded in Article 357 (Constitute Project, “Myanmar 2008 rev. 2015” ). https://www.burmalibrary.org/docs07/ 1974C onstitution.pdf?__cf_chl_jschl_tk__=pmd_uXw1EkLnkyq9T6FqkzA_NO9lvJaIhzdgyzAJ1J1s5Ko-163543 1051- 0-gqNtZGzNAiWjcnBszQjR https://www.constituteproject.org/constitution/Myanmar_ 2015? lang=en |
Namibia | Privacy Rights | History | The 1990 constitution protects the right to privacy in the home and for correspondence in Article 13 (Constitute Project, “Namibia 1990 rev. 2014” ). https://www.constituteproject.org/constitution/Namibia_ 2014? lang=en |
Nauru | Privacy Rights | History | The preamble to Part II Fundamental Rights and Freedoms in the 1968 constitution grants everyone the “respect for his private and family life” (Constitute Project, “Nauru 1968 rev. 2015” ). https://www.constituteproject.org/constitution/Nauru_ 2015? lang=en |
Nepal | Privacy Rights | History | The 1990 constitution was the first to protect privacy as a fundamental right. In Article 22: “Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable” (Constitution Net, “The Constitution of Nepal 1990” ). In the 2015 constitution, the same language is used in Article 28 (Constitute Project, “Nepal 2015 rev. 2016" ). https://www.constituteproject.org/constitution/Nepal_ 2016? lang=en https://constitutionnet.org/sites/default/files/ 1990_ constitution_english.pdf |
New Zealand | Privacy Rights | History | New Zealand governs privacy rights with the 1993 Privacy Act, which has since been replaced with the 2020 Privacy Act. https://www.legislation.govt.nz/act/public/ 1993/ 0028/latest/DLM296639.html |
Nicaragua | Privacy Rights | History | Article 28 of the 1826 Constitution of the State of Nicaragua states that “the private actions that do not damage the order, the morality, nor public decency, nor produce prejudices to third parties; are outside the action of the law.” The 1974 Constitution of the Republic of Nicaragua, however, contains different language on the right to privacy, and only deals with privacy of the home and property. Article 58 states that “The state guarantees the inviolability of the home, the dwelling, and of any other private premises of persons, which may be entered only by authorized officials, in the following cases,” containing nine specified points including but not limited to criminal investigations, natural disasters, and rescue efforts. The end of the Article specifies that “In the last four cases entry may not be made except pursuant to a written order stating the grounds therefor, issued by a competent authority; and the consent of the head of the household shall be necessary if it is to be carried out between 7 pm and 6 am.” The 1987 Political Constitution of the Republic of Nicaragua mentions other forms of privacy in addition to privacy of the home in Article 26: “All persons have the right to: 1. Privacy and the privacy of their family; 2. The inviolability of their home, correspondence and communications; 3. Respect for their honor and reputation,” and that “illegally seized letters, documents, and other private papers shall be null and void in legal proceedings or elsewhere.” References: Constitution of the State of Nicaragua, 1826. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0038&i=1 Constitution of the Republic of Nicaragua, 1972. PAU/OAS, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0032&i=1 Political Constitution of the Republic of Nicaragua, 1987. National Assembly (1989), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0022&i=1 |
Niger | Privacy Rights | History | The 2010 constitution only protects the domicile of people in terms of privacy rights. This is done in Article 27 (Constitute Project, “Niger 2010 rev. 2017” ). https://www.constituteproject.org/constitution/Niger_ 2017? lang=en |
Nigeria | Privacy Rights | History | In 1960, the country’s first constitution protected the private life, home, and correspondence of each person in Article 22 (World Statesmen, “The Constitution of the Federation of Niger”). Today, the same language is seen in Article 37 of the 1999 constitution (Constitute Project, “Nigeria Constitution 1999 rev. 2011” ). https://www.worldstatesmen.org/nigeria_const 1960. pdf https://constituteproject.org/constitution/Nigeria_ 2011? lang=en |
North Korea | Privacy Rights | History | Article 79 of the Democratic People’s Republic of Korea 1972 constitution grants that citizens and homes are inviolable and that communications are private (Constitute Project, “Korea (Democratic People’s Republic of) 1972 rev. 2016” ). https://constituteproject.org/constitution/Peoples_Republic_of_Korea_ 2016? lang=en |
North Macedonia | Privacy Rights | History | Article 25 of the 1991 constitution states “Each citizen is guaranteed the respect and protection of the privacy of his/her personal and family life and of his/her dignity and repute.” Amendment XIX, altering Article 17, protects communications more heavily (Constitute Project, “North Macedonia 1991 rev. 2011” ). https://constituteproject.org/constitution/Macedonia_ 2011? lang=en |
Norway | Privacy Rights | History | Article 102 of Norway’s 1814 Constitution states that “inquiries in private houses are not permitted, unless in criminal cases.” The 2018 Norwegian Data Protection Act additionally protects personal data and implements the European Union General Data Protection Regulation (GDPR) (“Data Protection Law,” 2024). References: “Constitution of the Kingdom of Norway, 1814”. Norwegian Government (1814), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=312 “Data Protection Law in Norway.” 2024. DLA Piper. Accessed July 19, 2024. https://www.dlapiperdataprotection.com/index.html?t=law&c=NO |
Oman | Privacy Rights | History | The Oman constitution, written in 1996, only constitutional protects the privacy of homes in Article 27 (Constitute Project, "Oman 1996 rev. 2011" ). https://constituteproject.org/constitution/Oman_ 2011? lang=en |
Pakistan | Privacy Rights | History | The 1973 constitution, reinstated in 2002, in Article 14 cites the inviolability of man’s dignity and privacy in the home as fundamental (Constitute Project, “Pakistan Constitution reinst. 2002, rev. 2018” ). https://constituteproject.org/constitution/Pakistan_ 2018? lang=en |
Palau | Privacy Rights | History | Article IV(4) of the 1981 constitution ensures “Every person has the right to be secure in his person, house, papers and effects against entry, search and seizure” (Constitute Project, “Palau 1981 rev. 1992" ). https://constituteproject.org/constitution/Palau_ 1992? lang=en |
Panama | 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 |
Papua New Guinea | Privacy Rights | History | Under the basic rights prescribed under Section 5(f), all citizens have the “protection for the privacy of their homes and other property” (Constitute Project, Papua New Guinea 1975 rev. 2016) . Additionally, Article 49(1) gives “Every person has a right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated or restricted by law that complies with Section 38 (general qualifications on qualified rights).” https://constituteproject.org/constitution/Papua_New_Guinea_ 2016? lang=en |
Paraguay | Privacy Rights | History | The 1870 Constitution of the Republic of Paraguay guarantees in Article 19 that “domicile as well as correspondence and private papers are also inviolable; but a law may provide in which cases and on what grounds an order can be made as to when one may be entered and the other seized.” Article 23 additionally protects privacy, stating that “private acts, which in no way affect public order or morals or do wrong to third parties, are reserved for God alone and exempted from the jurisdiction of the constituted authorities.” The 1992 Constitution contains similar language about both privacy of the home and personal and familial intimacy. The protection of data falls under the rights guaranteed in Paraguay’s Constitution combined with its 2002 Private Information Law which “regulates the collection, storage, distribution, publication, modification, destruction, duration, and overall processing of personal data in files, registers, data banks, or other technical means of processing of public or private data intended to provide reports” (“Paraguay”). References: “Constitution of the Republic of Paraguay.” 1870. Comparative Constitutions Project, 2008. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0009&id=6&men_tab=srchresults “Constitution of the Republic of Paraguay.” 1992. Translated by Maria del Carmen Gress, HeinOnline, 2008. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0024&id=10&men_tab=srchresults “Paraguay.” DataGuidance. Accessed July 19, 2024. https://www.dataguidance.com/jurisdiction/paraguay |
Peru | Privacy Rights | History | Article 193 of the 1823 Constitution guaranteed the inviolability of the "security of person and domicile.". The same article asserted the "inviolability of letters." Article 31 of the 1920 Constitution guaranteed the inviolability of one's home against entry in the absence of a warrant from varying government officials: "The domicile is inviolable and may not be entered without first showing a warrant written by a justice or by the authority charged with preservation of public order. The officers of enforcement of sanitary and municipal ordinances may also enter the domicile. Both the ones and the others are obliged to show the warrant of their authority and to furnish a copy of the same when required to do so." Article 32 guaranteed the inviolability of correspondence. Today, Article 2(7) protects privacy rights in Peru for one’s honor, reputation, personal and family life, voice, and image (Constitute Project, “Peru 1993 rev. 2021” ). Similar rights appear to have been listed in Article 2 of the 1979 constitution, but an English translation could not be found. Article 2(5) and Article 2(6) of the 1993 Political Constitution of Peru protect the right to privacy of information and prohibits the supplying of information that affects personal and family privacy. Article 2(9) and Article 2(10) protect the privacy of the home and the privacy of one’s communications. The Personal Data Protection Law, enacted in 2011, additionally protects the right to privacy in Peru. References: “Data Protection Law in Peru.” 2023. DLA Piper. Accessed July 19, 2024. https://www.dlapiperdataprotection.com/index.html?t=law&c=PE#:~:text=Article%202%20of%20the%20Political,personal%20data%20of%20any%20natural “Political Constitution of Peru, 1993.” World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/P?h=hein.cow/zzpe0043&i=4 LEGUIA, A. B. “CONSTITUTION OF THE REPUBLIC OF PERU.” The Southwestern Political Science Quarterly 2, no. 1 (1921): 108. http://www.jstor.org/stable/42883893. http://hrlibrary.umn.edu/research/Peru-Constitucion%20 1979. pdf https://constituteproject.org/constitution/Peru_ 2021? lang=en Peru 1823 Constitution, from British and Foreign State Papers (1822-1823): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0010&id=738&men_tab=srchresults# |
Philippines | Privacy Rights | History | The 1935 Constitution, enacted prior to independence from the United States, grants “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated” in Article III, Section 1(3) (Official Gazette, “The 1935 Constitution”). Today, similar language is used in Article II, Section 1(2) (Official Gazette, “The 1935 Constitution”). The Philippines gained independence in 1946 and ratified the new constitution in 1973. Article 4 Section 3 of the 1973 Constitution of the Republic of the Philippines guarantees “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall not be violated,” and outlines the procedures for the state to gain search warrants. Section 4 additionally ensures the privacy of communication and correspondence. Confidentiality of personal data is also protected in the 2012 Data Privacy Act and implemented by the National Privacy Commission of the Philippines (“Republic Act 10173”). Various “zones,” or aspects of privacy, such as privacy in the workplace, decisional privacy, and informational privacy, are further protected in Philippine case law (Bautista and Llanillo, 2020). References: Bautista, Khersien, and Llewellyn Llanillo. 2020. “Zones of Privacy: How Private.” Defense Counsel Journal 84, no. 3. International Association of Defense Counsel. https://www.iadclaw.org/defensecounseljournal/zones-of-privacy-how-private/ “Constitution of the Republic of the Philippines.” 1973. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/P?h=hein.cow/zzph0009&i=8 “Republic Act 10173 - Data Privacy Act of 2012.” National Privacy Commission. Accessed July 19 2024. https://privacy.gov.ph/data-privacy-act/ https://www.officialgazette.gov.ph/constitutions/the- 1935- constitution/ https://www.officialgazette.gov.ph/constitutions/ 1987- constitution/ |
Poland | Privacy Rights | History | The 1921 Polish Constitution grants privacy in the home and communication in articles 100 and 106, respectively (Sejm Parliamentary Library, “Constitution of the Republic of Poland, March 17, 1921” ). Today, Article 47 of the 1997 constitution protects the general right to privacy in Poland: “Everyone shall have the right to legal protection of his private and family life, of his honour and good reputation and to make decisions about his personal life.” Articles 49 and 50 extend these protections to communications and the home (Constitute Project, “Poland 1997 rev. 2009” ). http://libr.sejm.gov.pl/tek01/txt/kpol/e 1921. html https://constituteproject.org/constitution/Poland_ 2009? lang=en |
Portugal | Privacy Rights | History | Portugal’s first protection of privacy was in the 1976 constitution. Article 26(1) says “Everyone shall possess the right to a personal identity, to the development of their personality, to civil capacity, to citizenship, to a good name and reputation, to their likeness, to speak out, to protect the privacy of their personal and family life, and to legal protection against any form of discrimination.” Article 65 grants privacy in the home (Constitute Project, “Portugal 1976 rev. 2005) . https://constituteproject.org/constitution/Portugal_ 2005? lang=en |
Qatar | Privacy Rights | History | From 1972- 2003, Qatar was ruled by a temporary constitution. In this document Article 12 granted the sanctity of dwellings (Al Meezan, “The Amended Provisional Constitution of 1972” ). Today, Article 37 of the Constitution claims “The sanctity of human privacy shall be inviolable, and therefore interference into privacy of a person, family affairs, home of residence, correspondence, or any other act of interference that may demean or defame a person may not be allowed save as limited by the provisions of the law stipulated therein” (Qatar Government Communications Office, “The Constitution”). https://www.gco.gov.qa/en/about-qatar/the-constitution/ https://www.almeezan.qa/LawView.aspx?opt&LawID=4360&language=en#Section_14176 |
Republic of Ireland | Privacy Rights | History | Article 40(5) protects the inviolability of the dwelling (Constitute Project, “Ireland 1937 rev. 2017” ). This same protection was afforded in Article 7 of the Constitution of the Irish Free State from 1922 (electronic Irish Statute Book, “Constitution of the Irish Free State (Saorstát Eireann) Act, 1922” ). https://constituteproject.org/constitution/Ireland_ 2019? lang=en https://www.irishstatutebook.ie/eli/ 1922/ act/1/enacted/en/print |
Republic of the Congo | Privacy Rights | History | The only mention of privacy rights today is that of the home in Article 20 of the 2015 Constitution (Constitute Project, “Congo (Republic of the) 2015” ). The same right appeared in the 2001 Constitution in Article 14 (Constitute Project, “Congo (Republic of the) 2001” ). https://constituteproject.org/constitution/Congo_ 2015? lang=en https://constituteproject.org/constitution/Congo_ 2001? lang=en |
Romania | Privacy Rights | History | The first constitution of Romania was enacted in 1866 and contains two references to privacy rights. Article 15 states “The domicile is inviolable. No domiciliary visit can be made except in the cases expressly provide for by the law and in the form which is prescribes. Article 25 states “The privacy of letters and of telegraphic dispatches is inviolable. A law shall determine the responsibility of the agents of the government for the violation of this privacy of letters and dispatches entrusted to the post and to the telegraph.” (Wright, 1919). Article 26 of the current Romanian Constitution outlines personal and family privacy rights in Romania. It states, “The public authorities shall respect and protect the intimate, family, and private life” (Constitution of Romania). The Romanian Constitution goes on to extend privacy rights to domiciles, which is outlined in Article 27. “The domicile and the residence are inviolable. No one shall enter or remain in the domicile or residence of a person without his consent.” (Constitution of Romania). Romania is a member of the European Union, which passed the General Data Protection Regulation (GDPR) in 2016. This regulation establishes rules for the protection of peoples data and establishes that citizens have the right to data protection. “This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.” (General Data Protection Regulation 2016/679). Romania, as well as every EU member state, follows these regulations and it allows all EU member countries to have synchronized data protection/privacy regulations. References: Constitution of Romania. “Chapter II: Fundamental Rights and Freedoms.” HeinOnline, 1991. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzro0001&id=6&collection=cow&index=#. General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/. |
Russia | Privacy Rights | History | In 1906, the Fundamental Laws of the Russian Empire were the first to grant Russians “sanctity of the home and property.” This was the first time Russians were granted civil liberties (Boris Yeltsin Presidential Library, “‘Fundamental Laws of the Russian Empire’ Approved”). |
Rwanda | Privacy Rights | History | The right to privacy in Rwanda is protected by Articles 23 and 34. Article 23 states “The privacy of a person, his or her family, home or correspondence shall not be subjected to interference in a manner inconsistent with the law; the person's honour and dignity shall be respected. A person's home is inviolable. No search or entry into a home shall be carried out without the consent of the owner, except in circumstances and in accordance with procedures determined by the law.” Article 34 states “Private property, whether owned individually or collectively, is inviolable” (Constitute Project, "Rwanda 2003 rev. 2015" ). https://constituteproject.org/constitution/Rwanda_ 2015? lang=en |
Saint Kitts and Nevis | Privacy Rights | History | Chapter II, Protection of Fundamental Rights and Freedoms, of the 1983 constitution entitles everyone to fundamental rights, including “protection for his personal privacy, the privacy of his home and other property and from deprivation of property without compensation” (Constitute Project, “Saint Kitts and Nevis 1983” ). https://constituteproject.org/constitution/St_Kitts_and_Nevis_ 1983? lang=en |
Saint Lucia | Privacy Rights | History | Chapter I, Protection of Fundamental Rights and Freedoms, of the 1978 constitution immediately grants every person in St. Lucia “protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without compensation” (Constitute Project, “Saint Lucia 1978” ). https://constituteproject.org/constitution/St_Lucia_ 1978? lang=en |
Saint Vincent and the Grenadines | Privacy Rights | History | In the preamble of their only constitution to date, Vincentians are promised safeguards to “the rights of privacy of family life, of property, and the fostering of the pursuit of just economic rewards for labor.” This is reaffirmed in Article 1 with the granting of fundamental rights and freedoms (Constitute Project, “Saint Vincent and the Grenadines 1979” ). https://constituteproject.org/constitution/St_Vincent_and_the_Grenadines_ 1979? lang=en |
Samoa | Privacy Rights | History | There is no mention of privacy rights in the constitution, which has been updated as recently as 2017 (Constitute Project, “Samoa 1962 rev. 2017” ). Section 50(2) of the Telecommunications Act 2005 protects the privacy of telecommunications customers (Samoa). This was the earliest found reference to privacy rights in Samoa. https://www.constituteproject.org/constitution/Samoa_ 2017? lang=en https://www.regulator.gov.ws/images/Act/TELECOMMUNICATIONS_ACT_ 2005_ -_Eng.pdf |
San Marino | Privacy Rights | History | The 1974 Declaration of Citizens' Rights and of the fundamental principles of the San Marinese legal order is the first time privacy rights are alluded to in San Marino. Art. 6 grants civil and political liberties. It does not grant privacy except in communications. https://www.legislationline.org/documents/section/constitutions/country/6/San%20Marino/show |
Saudi Arabia | Privacy Rights | History | The 1992 Saudi Constitution does not explicitly protect privacy but claims privacy in communications and homes in Articles 37 and 40 (Constitute Project, “Saudi Arabia’s Constitution of 1992 with Amendments through 2005” ). https://constituteproject.org/constitution/Saudi_Arabia_ 2013? lang=en |
Senegal | Privacy Rights | History | Senegal does not explicitly protect the right to privacy in its constitution. Article 7 of the 2001 constitution makes the claim to protect human rights but does not call out privacy. Article 13 provides for private correspondence and Article 16 makes the domicile inviolable (Constitute Project, “Senegal 2001 rev. 2016” ). https://constituteproject.org/constitution/Senegal_ 2016? lang=en |
Serbia | Privacy Rights | History | The Serbian Constitution does not include an explicit overall right to privacy. Privacy is referred to throughout the document, such as when it allows the press and public to be excluded from court proceedings due to the protection of private life of the parties, and in the assertion that citizens have the freedom of religion both in private and public (Constitution of the Republic of Serbia). The Serbian Constitution does guarantee the confidentiality of communications and the protection of personal data in Articles 41 and 42 (Constitution of the Republic of Serbia). References: Constitution of Serbia. “Section 2: Human RIghts and Freedoms.” HeinOnline, 2006. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzcs0021&collection=cow. |
Seychelles | Privacy Rights | History | The 1976 Independence Constitution of Seychelles, under Chapter 3, Article 12(c) gives individuals privacy of their home and other property (Citizenship Rights in Africa Initiative, “Constitution of Seychelles, 1976” ). https://citizenshiprightsafrica.org/constitution-of-seychelles- 1976/ |
Sierra Leone | Privacy Rights | History | The 1978 constitution protected the privacy of the home and property under Article 12 (The Laws of Sierra Leone on the Sierra Leone Web, “The Constitution of Sierra Leone, 1978” ). http://www.sierra-leone.org/Laws/ 1978- 12s.pdf |
Singapore | Privacy Rights | History | No part of the constitution mentions a right to privacy (Privacy International, “The Right to Privacy in Singapore”). There are also no specific laws governing privacy within the state. https://privacyinternational.org/sites/default/files/ 2017- 12/Singapore_UPR_PI_submission_FINAL.pdf |
Slovakia | Privacy Rights | History | Article 16(1) of the 1992 constitution states “The inviolability of the person and its privacy is guaranteed. It may be limited only in cases laid down by law” (Constitute Project, “Slovakia 1992 rev. 2017) . Sections 2 and 3 of Article 19 protect private life and data collection and publication (Constitute Project, “Slovakia 1992 rev. 2017) . Article 21 claims the home is inviolable, while Article 22 protects communications (Constitute Project, “Slovakia 1992 rev. 2017) . https://constituteproject.org/constitution/Slovakia_ 2017? lang=en |
Slovenia | Privacy Rights | History | Articles 35 and 36 of the constitution speak to the right to privacy in Slovenia. Article 35 says “The inviolability of the physical and mental integrity of every person, his privacy and personality rights shall be guaranteed” (Constitute Project, “Slovenia 1991 rev. 2016” ). Article 36 says “Dwellings are inviolable. No one may, without a court order, enter the dwelling or other premises of another person, nor may he search the same, against the will of the resident. Any person whose dwelling or other premises are searched has the right to be present or to have a representative present. Such a search may only be conducted in the presence of two witnesses. Subject to conditions provided by law, an official may enter the dwelling or other premises of another person without a court order, and may in exceptional circumstances conduct a search in the absence of witnesses, where this is absolutely necessary for the direct apprehension of a person who has committed a criminal offence or to protect people or property” (Constitute Project, “Slovenia 1991 rev. 2016” ). https://constituteproject.org/constitution/Slovenia_ 2016? lang=en |
Solomon Islands | Privacy Rights | History | Article 9 of the Solomon Islands Constitution protects the privacy of the home and other property: “Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.” (Constitute Project, “Solomon Islands 1978 rev. 2018” ). https://constituteproject.org/constitution/Solomon_Islands_ 2018? lang=en |
Somalia | Privacy Rights | History | Article 28 of the 1960 Constitution of Somalia grants “respect for the private home” in which "no home or private property of any one (sic) may be entered into or violated, save in the cases mentioned in Paragraphs 2, 3 and 5 of Article 25” (World Intellectual Property Organization, “The Constitution”). |
South Africa | Privacy Rights | History | The 1993 Interim Constitution of South Africa was the first to grant privacy rights. The right to privacy includes “the right not to be subject to searches of his or her person, home or property, the seizure of private possessions or the violation of private communications” (South African Government, “Constitution of the Republic of South Africa Act 200 of 1993” ). Today, the 1996 Constitution offers similar protections in Article 14 (Constitute Project, “South Africa 1996 rev. 2012) . https://www.gov.za/documents/constitution/constitution-republic-south-africa-act-200- 1993# 13%20Privacy https://constituteproject.org/constitution/South_Africa_ 2012? lang=en |
South Korea | Privacy Rights | History | Under the first constitution of the Republic of Korea in 1948, Articles 17 and 18 grant the right to privacy. Neither the privacy of a citizen nor communication may be infringed (Constitute Project, “Korea (Republic of) 1948 rev. 1987” ). https://constituteproject.org/constitution/Republic_of_Korea_ 1987? lang=en |
South Sudan | Privacy Rights | History | Article 22 of the 2011 South Sudan constitution protects the right to privacy: “The privacy of all persons shall be inviolable; no person shall be subjected to interference with his or her private life, family, home or correspondence, save in accordance with the law” (Constitute Project, “South Sudan 2011 rev. 2013” ). https://constituteproject.org/constitution/South_Sudan_ 2013? lang=en |
Spain | Privacy Rights | History | Spain drafted a democratic constitution in 1869. This constitution gives specific privacy rights to Spaniards. In Article 5, it states “No [person] may enter the domicile of a Spaniard, or foreign resident of Spain, without their consent, except in urgent cases of fire, flooding or other analogous danger, or of illegitimate aggression proceeding from within, or to assist a person who is requesting help” (Constitution of 1869). It goes on to list more circumstances where authorities may enter the domicile and the process of obtaining a warrant to search. Article 7 states “In no case may the correspondence confided to the mail be intercepted [detenerse] or opened by the governmental authority, nor may telegraphs be intercepted” (Constitution of 1869). Similarly, it goes on to outline how judges must obtain warrants to read a person’s mail or telegraphs. Spains current Constitution lays out the right to privacy in Article 18 of its constitution, which includes 4 clauses. “1. The right to honour, to personal and family privacy and to the own image is guaranteed. 2. The home is inviolable. No entry or search may be made without the consent of the householder or a legal warrant, except in cases of flagrante delicto. 3. Secrecy of communications is guaranteed, particularly regarding postal, telegraphic and telephonic communications, except in the event of a court order. 4. The law shall restrict the use of data processing in order to guarantee the honour and personal and family privacy of citizens and the full exercise of their rights.” (The Spanish Constitution, 1978). Spain is also a member of the EU, meaning the GDPR is applicable to them. The Spanish Constitution already contains a clause about data protection, and the right to privacy in communications. References: General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/. The Spanish Constitution. “Chapter II: Rights and Liberties.” HeinOnline, 2011. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzes0098&id=9&men_tab=srchresults. |
Sri Lanka | Privacy Rights | History | Sri Lanka’s constitution does not protect the right to privacy, though privacy is mentioned briefly in Article 14A(2) (Constitute Project, “Sri Lanka 1978 rev. 2015” ). Sri Lanka is also lacking comprehensive privacy legislation, instead opting to write in provisions when regulating other industries (Data Guidance, “Sri Lanka – Data Protection Overview”). https://constituteproject.org/constitution/Sri_Lanka_ 2015? lang=en https://www.dataguidance.com/notes/sri-lanka-data-protection-overview |
Sudan | Privacy Rights | History | Privacy rights first appear in the 1973 Sudanese Constitution. Article 42 states “the private life of citizens is inviolable. The state shall guarantee the freedom and secrecy of postal, telegraphic, and telephonic communications in accordance with the law.” Article 43 protects dwellings in the same manner (The Democratic Republic of Sudan Gazette, “The Permanent Constitution of Sudan”). Today, these protections are combined into Article 55 of the 2019 Constitution, in which “No one’s privacy may be violated. It is not permissible to interfere in the private or family life of any person in his home or correspondence, except in accordance with the law” (Constitute Project, "Sudan 2019" ). https://www.righttononviolence.org/mecf/wp-content/uploads/ 2012/ 01/Constitution-Sudan- 1973- +-amendment- 1975. pdf https://constituteproject.org/constitution/Sudan_ 2019? lang=en |
Suriname | Privacy Rights | History | The 1975 Suriname Constitution protected the home and private life in Article 14 (Inter-American Commission on Human Rights, 1983, “Report on the Human Rights Situation in Suriname”). Today, these rights are protected under Article 17 of the 1987 Constitution (Constitute Project, “Suriname 1987 rev 1992” ). https://constituteproject.org/constitution/Surinam_ 1992? lang=en http://www.cidh.org/countryrep/Suriname83eng/chap.1.htm |
Sweden | Privacy Rights | History | When the Swedish Kingdom created their constitution, it contains very few reference to the rights of Swedish citizens. It states, “Sweden shall be governed by a king and shall be a hereditary monarchy with the order of succession established by the law of succession.” (Constitution of Sweden, 1809). Sweden’s Constitution today contains multiple separate documents that outline different areas of government. In Chapter 2, Article 6 of the Instrument of Government, it establishes protections against unwarranted searches or the body, house, and communications. It also states “In addition to what is laid down in paragraph one, everyone shall be protected in his or her relations with the public institutions against significant invasions of personal privacy, if these occur without his or her consent and involve the surveillance or systematic monitoring of the individual’s personal circumstances.” (Instrument of Government, 1974). Also included in Sweden’s fundamental laws is the Fundamental Law on Freedom of Expression. This documents outlines the freedom of expression rights in Sweden and includes privacy considerations in Article 20. It bans the publication of personal data which reveals personal information like ethnicity, skin color, political opinions, religious views, memberships, health, sex life, sexual orientation, genetic data, and biometric data (Fundamental Law on Freedom of Expression, 1991). These provisions apply if “1. the personal data are included in a data collection that has been arranged in such a way that it is possible to search for or compile the data; and 2. with regard to the nature of the activities and the forms under which the data collection is made available, there is a particular risk of improper violation of the individuals personal privacy.” (Fundamental Law on Freedom of Expression). This law also grants the right of anonymity in expression, unless it involves liability/damages due to publication. Sweden is a member of the EU and thus follows the GDPR.
Fundamental Law on Freedom of Expression. “Chapter 1: Freedom of Expression According to This Fundamental Law.” HeinOnline, 1991. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzse0090&id=1&collection=cow&index=. General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/. Instrument of Government. “Chapter 2: Fundamental Rights and Freedoms.” HeinOnline, 1974. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzse0092&id=3&men_tab=srchresults |
Switzerland | Privacy Rights | History | The 1992 Federal Act on Data Protection was the first formal protection of privacy in Switzerland (DLA Piper, “Data protection laws of the world: Switzerland”). Since then, the right to privacy was added to the 1999 Swiss Constitution. Article 13 of the current Swiss Constitution is titled Right to Privacy. “Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications. Every person has the right to be protected against the misuse of their personal data.” (Federal Constitution of the Swiss Confederation). Switzerland is not a member of the EU, so they do not follow the GDPR. However, a revision of the Federal Act on Data Protection (FADP) was passed in 2020. This law is essentially the same as the GDPR and serves to protect the data of Swiss citizens from unlawful use, including privacy protections for certain kinds of data like “sensitive personal data” which includes data relating to a persons religious, philosophical, or political views, their health, their genetic and biometric data, and more. (Federal Act on Data Protection) References: DLA Piper, “Data protection laws of the world: Switzerland”: https://www.dlapiperdataprotection.com/index.html?t=law&c=CH Federal Constitution of the Swiss Confederation. “Chapter 1: Fundamental RIghts.” HeinOnline, 1999. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzch0349&id=4&men_tab=srchresults. Fedlex. “Federal Act on Data Protection,” 2023. https://www.fedlex.admin.ch/eli/cc/2022/491/en |
Syria | Privacy Rights | History | The right to privacy was limited in the 1973 constitution, preventing only the private seizure of private property without judicial ruling (Carnegie Middle East Center, “The Syrian Constitution – 1973- 2012” ). Today, Articles 36 and 37 of the 2012 Constitution protect privacy rights. Article 36 protects private life and Article 37 protects communications (Constitute Project, “Syrian Arab Republic 2012” ). https://constituteproject.org/constitution/Syria_ 2012? lang=en https://carnegie-mec.org/diwan/50255?lang=en |
São Tomé and Príncipe | Privacy Rights | History | Article 24 of the 1975 Constitution, still in effect today, states “Personal identity and the confidentiality of the intimacy of private and family life are inviolable” (Constitute Project, Sao Tome and Principe 1975 rev. 2003) . Additionally, Article 25 grants that communications and one’s home are also private (Constitute Project, Sao Tome and Principe 1975 rev. 2003) . https://constituteproject.org/constitution/Sao_Tome_and_Principe_ 2003? lang=en |
Tajikistan | Privacy Rights | History | Articles 22 and 23 of the 1994 Tajikistan constitution protect the right to privacy. Article 22 makes the home inviolable, and Article 23 forbids “The collection, storage, use, and dissemination of information about private life of a person without his consent” (Constitute Project, “Tajikistan 1994 rev. 2016” ). https://constituteproject.org/constitution/Tajikistan_ 2016? lang=en |
Tanzania | Privacy Rights | History | The 1965 constitution of Tanzania did not explicitly provide for privacy but defaulted “to safeguard the inherent dignity of the individual in accordance with the Universal Declaration of Human Rights” during the preamble (World Statesmen, “The Interim Constitution of Tanzania”). Today, the 1997 constitution (as amended in 2005) privacy and personal security in Article 16 (Constitute Project, “Tanzania’s Constitution of 1977 with Amendments through 2005” ). http://www.worldstatesmen.org/Tanzania-Constitution- 1965. pdf https://constituteproject.org/constitution/Tanzania_ 2005? lang=en |
Thailand | Privacy Rights | History | The earliest mention of privacy is the 1997 constitution of Thailand. While they have had many constitutions since 1932, the earliest translation found was that of the 1997 text. Section 34 protects “A person’s family rights, dignity, reputation or the right of privacy” unless it is beneficial to the public (Ref World, “Constitution of the Kingdom of Thailand”). |
The Bahamas | Privacy Rights | History | Article 15(c) protects the right to privacy in one’s home. Article 21 extends this right to exist during searches (Constitute Project, “Bahamas (The) 1973” ). https://constituteproject.org/constitution/Bahamas_ 1973? lang=en |
The Gambia | Privacy Rights | History | Article 23 of the 1996 constitution says, “No person shall be subject to interference with the privacy of his or her home, correspondence or communications save as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety of the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights and freedoms of others” (Constitute Project, “Gambia (The) 1996 rev. 2018” ). https://constituteproject.org/constitution/Gambia_ 2018? lang=en |
Togo | Privacy Rights | History | Articles 27, 28, and 29 in the 1992 Togolese Constitution protect private property, the home, private life, and image, and correspondence. Article 28 is explicit to the right to privacy, while Articles 27 and 29 fit into the privacy penumbras subscribed by the United States (Constitute Project, “Togo’s Constitution of 1992 with Amendments through 2007” ). https://constituteproject.org/constitution/Togo_ 2007? lang=en |
Tonga | Privacy Rights | History | The Tonga constitution was written in 1875. Under Article 16, privacy is granted during searches, except for lawfully granted searches through a warrant (Constitute Project, “Tonga’s Constitution of 1875 with Amendments through 2013” ). https://constituteproject.org/constitution/Tonga_ 2013. pdf?lang=en |
Trinidad and Tobago | Privacy Rights | History | The 1976 constitution does not explicitly protect the right to privacy. However, Article 4 protects fundamental human rights, such as “the right of the individual to respect for his private and family life” and protection of the law (Constitute Project, “Trinidad and Tobago 1976 rev. 2007" ). https://www.constituteproject.org/constitution/Trinidad_and_Tobago_ 2007? lang=en |
Tunisia | Privacy Rights | History | Article 24 of the 2014 Tunisian Constitution states “The state protects the right to privacy and the inviolability of the home, and the confidentiality of correspondence, communications, and personal information.” (Constitution of the Republic of Tunisia, 2014). However, in 2022, President Kais Saied proposed a constitutional referendum, which passed. The 2022 Tunisian Constitution states in Article 30 “The state protects the private life, the inviolability of the domicile and the secrecy or correspondence, of communications and of personal data.” (Constitution of the Republic of Tunisia, 2022). The new constitution consolidates much of the governments power within the president, including the ability for the president to impose restrictions on the rights of Tunisian citizens under certain circumstances like national defense, public security, public health, protection of the rights of others, or protection of public morals. What this means for the right to privacy in Tunisia is that, while it is still listed as protected in the constitution, the new power of the president means that this right could be usurped if the president deemed it necessary. References: Constitution of the Republic of Tunisia. “Chapter II: Of the Rights and Freedoms.” HeinOnline, 2022. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zztn0121&id=6&collection=cow&index=. Venice Commission. “Constitution of the Republic of Tunisia.” HeinOnline, 2014. https://heinonline-org.proxy.lib.miamioh.edu/HOL/cowdocs?state=&tfile=tn_2014_venicecomm_eng.pdf. |
Turkey | Privacy Rights | History | The 1924 Turkish Constitution protects personal liberty except for the provision of law under Article 72 (World Statesmen, “The New Constitution of Turkey”). Article 71 protects the inviolability of the home, life, property, and honor. Article 81 allows for private communications. |
Turkmenistan | Privacy Rights | History | The 1992 Constitution protects against arbitrary interference of privacy in Article 25 (International Committee on the Red Cross, “Constitution 1992, as of 2008” ). Today, Article 37 of the 2008 constitution grants “the right to private liberty, personal and family secrets and their protection from arbitrary interference in their privacy” while Article 38 prevents the “Collection, storage and dissemination of information about private life of an individual” without consent (Constitute Project, “Turkmenistan's Constitution of 2008 with Amendments through 2016” ). https://ihl-databases.icrc.org/applic/ihl/ihl-nat.nsf/0/D9E58AFB0C84 1166C 1256F FD0034016C https://constituteproject.org/constitution/Turkmenistan_ 2016. pdf?lang=en |
Tuvalu | Privacy Rights | History | The 1996 constitution protects privacy rights under Articles 11(h) and 21 (Constitute Project, “Tuvalu Constitution of 1996” ). Article 11(h) reads “Every person is entitled…to the following fundamental freedoms: […] (h) protection for the privacy of his home and other property” (Constitute Project, “Tuvalu Constitution of 1996” ). https://www.constituteproject.org/constitution/Tuvalu_ 1986. pdf?lang=en |
Uganda | Privacy Rights | History | Article 17(c) of the 1962 constitution provides privacy rights protections in Uganda (World Statesmen, “Uganda Constitutional Instruments”). It protects “the privacy of his home and other property and from deprivation of property without compensation” as a fundamental right. Today, the 1995 Constitution grants these protections in Article 27 (Constitute Project, “Uganda’s Constitution of 1995 with Amendments through 2017" ). https://www.worldstatesmen.org/Uganda-const- 1962. pdf https://www.constituteproject.org/constitution/Uganda_ 2017. pdf?lang=en |
Ukraine | Privacy Rights | History | Articles 30, 31, and 32 of the 1996 Constitution grant the right to privacy (Constitute Project, “Ukraine’s Constitution of 1996 with Amendments through 2016” ). Article 30 gives privacy in the home, Article 31 allows privacy protections to communications, and Article 32 prevents interference into personal and family life (Constitute Project, “Ukraine’s Constitution of 1996 with Amendments through 2016” ). https://www.constituteproject.org/constitution/Ukraine_ 2016. pdf?lang=en |
United Arab Emirates | Privacy Rights | History | The 1971 constitution protects privacy in communications in Articles 31 and Article 36 protects one’s home (Constitute Project, “United Arab Emirates 1971, rev. 2009" ). https://www.constituteproject.org/constitution/United_Arab_Emirates_ 2009? lang=en |
United Kingdom | Privacy Rights | History | The Human Rights Act of 1998 outlines the rights everyone in the UK is entitled to. It is based on the European Convention on Human Rights (ECHR) and is the UK’s way of making the rights outlined in the convention applicable to their laws. Article 8 of the Human Rights Act of 1998 and the ECHR is titled “Right to respect for private and family life”. It reads “Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” (Human Rights Act of 1998). The Human Rights Act of 1998 refers to “convention rights” when it outlines how the UK government and courts will uphold those rights (Human Rights Act of 1998). Regarding data protection and privacy, the UK passed the Data Protection Act in 2018, which regulates how companies, organizations, and the government can use personal data. It establishes stronger legal protection for sensitive personal information like race, ethnicity, political opinions, religious beliefs, trade union membership, genetics, biometrics, health, and sex life or orientation (Data Protection Act 2018) References: ECHR. “European Convention on Human Rights.” Accessed July 19, 2024. https://echr.coe.int/european-convention-on-human-rights. Human Rights Act 1998. “Part 1: The Convention.” HeinOnline, 1998. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzgb0026&id=20&men_tab=srchresults. |
United States | Privacy Rights | History | The United States Constitution does not explicitly grant the right to privacy. The closest one might find in the Constitution is the Fourth Amendment, which protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” (The Bill of Rights). Instead, the right to privacy has been inferred by the Supreme Court. In Griswold v. Connecticut, the Court held that the right to privacy is inferred in the Bill of Rights. Justice Douglas wrote the majority opinion and argued that many of the amendments in the Bill of Rights, such as the Fifth Amendment’s protection against self-incrimination, infers the right to privacy from the state and thus a right that the Constitution protects (Griswold v. Connecticut, 381 U.S. 479). The Supreme Court would uphold the right to privacy in other cases as well. In Eisenstadt v. Baird, the Court extended the ability to purchase contraceptives to unmarried individuals and found that “the constitutionally protected right of privacy inheres in the individual, not the martial couple.” (Eisenstadt v. Baird, 405 U.S. 438). In Roe v. Wade, the court determined that the right to privacy, derived from the Fourteenth Amendment, encompasses a woman’s decision on whether to have an abortion (Roe v. Wade, 410 U.S. 113). However, this is no longer the case, as Roe v. Wade has since been overturned. In Lawrence v. Texas, the Court again derived the right to privacy from the Fourteenth Amendment and gave the right to privacy to persons of the same sex who choose to engage in sexual conduct. The Court held “The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government.” (Lawrence v. Texas, 539 U.S. 558). The US has multiple acts for the protection of private data. The Privacy Act of 1974 regulates the data that is collected, used, and disseminated by federal agencies; the Gramm-Leach-Bliley Act requires financial institutions to protect their consumers data and explain how to the customer; the Health Insurance Portability and Accountability Act (HIPAA) gives data privacy and security for medical information (Murray 2023). Theres are a multitude of different acts that protect the privacy of communications, children, government records and more. In addition to these federal acts, many states are passing or have passed consumer data privacy laws, such as the California Consumer Privacy Act, which applies to how businesses collect personal information from consumers (Murray 2023). In all, privacy rights in the United States are based off the Courts and legislative acts. References: Justia Law. “Eisenstadt v. Baird, 405 U.S. 438,” 1972. https://supreme.justia.com/cases/federal/us/405/438/. Justia Law. “Griswold v. Connecticut, 381 U.S. 479,” 1965. https://supreme.justia.com/cases/federal/us/381/479/. Justia Law. “Lawrence v. Texas, 539 U.S. 558,” 2003. https://supreme.justia.com/cases/federal/us/539/558/. Justia Law. “Roe v. Wade, 410 U.S. 113,” 1973. https://supreme.justia.com/cases/federal/us/410/113/. Murray, Conor. “U.S. Data Privacy Protection Laws: A Comprehensive Guide.” Forbes, 2023. https://www.forbes.com/sites/conormurray/2023/04/21/us-data-privacy-protection-laws-a-comprehensive-guide/. National Archives. “The Bill of Rights: A Transcription,” November 4, 2015. https://www.archives.gov/founding-docs/bill-of-rights-transcript. |
Uruguay | Privacy Rights | History | The 1966 constitution was the first translated into English to mention privacy rights. It is protected in Articles 10, 11, and 28. Article 10 grants individuals’ privacy, Article 11 makes the home private, and Article 28 protects communications (Constitute Project, "Uruguay 1966, reinst. 1985, rev. 2004" ). Uruguay has based their data privacy and protection law off the European Union’s rules under the GDPR and has independently passed legislation to enact the provisions of the GDPR in Uruguay (Nougrères, 2024). https://constituteproject.org/constitution/Uruguay_ 2004? lang=en General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/. Nougrères, Ana Brian. “Uruguay - Data Protection Overview.” DataGuidance, 2024. https://www.dataguidance.com/notes/uruguay-data-protection-overview. |
Uzbekistan | Privacy Rights | History | Article 27 of the 1992 Constitution protects privacy and the inviolability of the home, requiring a prescription by law to allow a search of the home (Constitute Project, “Uzbekistan's Constitution of 1992 with Amendments through 2011” ). https://www.constituteproject.org/constitution/Uzbekistan_ 2011. pdf?lang=en |
Vanuatu | Privacy Rights | History | Article 5(1)(j) in the 1980 Vanuatu Constitution protects privacy in the home and property (Constitute Project, “Vanuatu’s Constitution of 1980 with Amendments through 2013” ). https://www.constituteproject.org/constitution/Vanuatu_ 2013. pdf?lang=en |
Venezuela | Privacy Rights | History | The 1811 "Declaration of Rights, by the Supreme Congress of Venezuela," at Article 24 under the "Rights of Man in Society" section, states: "The house of every Citizen is an inviolable asylum No one has a right to enter it violently, unless in the cases of conflagration, or deluge, or of an application proceeding from the house itself; or for objects of criminal proceedings, in the cases and with the formalities determined by Law, and under the responsibility of the constituted Authorities who have issued the Decree." Today, privacy is strictly protected in Venezuela, going beyond the call of the ICCPR’s call in Article 17 under constitutional Articles 48 and 60 (Privacy International, “The Right to Privacy in Venezuela (Bolivarian Republic of): Stakeholder Report. References: English translation of the Spanish original text of the Declaration of Rights of 1811. 1105 (2011) Rights of Man in Society: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzve0002&id=2&men_tab=srchresults https://hrp.law.harvard.edu/wp-content/uploads/2016/04/venezuela_upr2016.pdf |
Vietnam | Privacy Rights | History | The 1992 Vietnam Constitution was the first since its independence that recognized the “inviolability of personal privacy” in Article 21 (Constitute Project, “Viet Nam’s Constitution of 1992 with Amendments through 2013” ). https://www.constituteproject.org/constitution/Socialist_Republic_of_Vietnam_ 2013. pdf?lang=en https://constitutionnet.org/country/constitutional-history-vietnam |
Yemen | Privacy Rights | History | There are no explicit protections of privacy in Yemen, though Article 20 does not allow for private confiscation without legal judgment (Constitute Project, “Yemen 1991: Rev. 2015” ). https://www.constituteproject.org/constitution/Yemen_ 2015? lang=en https://giswatch.org/en/country-report/communications-surveillance/yemen |
Zambia | Privacy Rights | History | Privacy was protected in the first constitution of Zambia in 1964 in Chapter 3, Articles 13(c) and 19 (World Statesmen, “Laws of Zambia: The Constitution”). Today, Article 11(d) and 17 of the 1991 Zambian Constitution protect the right to privacy (Constitute Project, “Zambia’s Constitution of 1991 with Amendments Through 2016” ). https://www.worldstatesmen.org/Constitution-Zambia 1964. pdf https://constituteproject.org/constitution/Zambia_ 2016. pdf?lang=en |
Zimbabwe | Privacy Rights | History | The 2013 Zimbabwe Constitution grants “[e]very person has the right to privacy, which includes the right not to have: (a) their home, premises or property entered without their permission; (b) their person, home, premises or property searched; (c) their possessions seized; (d) the privacy of their communications infringed; or (e) their health condition disclosed” in Section 57 (Privacy International, “The Right to Privacy in Zimbabwe: Stakeholder Report, Universal Periodic Review,” 4). Before this, the 2007 Interception of Communications Act allowed for public information to be intercepted by authorities, something that has not been rectified since the implementation of the new constitution. https://hrp.law.harvard.edu/wp-content/uploads/ 2016/ 04/zimbabwe_upr 2016. pdf |
Afghanistan | Voting Rights and Suffrage | History | The 1964 Constitution of Afghanistan turned Afghanistan into a modern democracy, and the right to vote was established in Article 46. The 1964 Constitution of Afghanistan granted women equal rights including universal suffrage and the right to run for office. References: University of Nebraska, "Constitution of Afghanistan": https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish |
Albania | Voting Rights and Suffrage | History | Article 28 of the 1928 Fundamental Statute of the Kingdom of Albania asserted that Deputies serving in Parliament should be "elected by the people according to law", without offering further specific details about the right to vote. Article 45 of the Republic of Albania’s 1998 Constitution guarantees the right to vote to the People of Albania so they can exercise their power through their elected representatives in the Parliament (Berhani, I. "Elections and Implementation of the Law of Elections in Albania"). References: 1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html Albania Constitution (1998): https://www.constituteproject.org/constitution/Albania_2016?lang=en. Berhani, Ilir, "Elections and Implementation of the Law of Elections in Albania." (2015). Mediterranean Journal of Social Sciences, 6(2 S5), 155: https://www.richtmann.org/journal/index.php/mjss/article/view/6173/5918 |
Algeria | Voting Rights and Suffrage | History | Algeria gained independence from France in 1962 and a new Constitution was passed the following year. Article 13 of the 1963 Constitution held: " Every citizen having reached 19 years of age has the right to vote ." In the 1989 Constitution, Article 62 holds that all people meeting the legal requirements have the right to vote and to be elected (Constitute Project, "Algeria 1989" ). References: 1963 Algeria Constitution: “The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450. 1989 Algeria Constitution: https://www.constituteproject.org/constitution/Algeria_2016 |
Andorra | Voting Rights and Suffrage | History | Article 24 of the 1993 Constitution states that all citizens of age and in full use of their rights are guaranteed suffrage (Constitute Project, "Andorra 1993" ). https://www.constituteproject.org/constitution/Andorra_1993?lang=en. |
Angola | Voting Rights and Suffrage | History | According to Article 20 of the 1975 Constitution, "All citizens over the age of eighteen, other than those legally deprived of political rights, have the right and the duty to take an active part in public life, to vote and to be elected or appointed to any State organ, and to discharge their mandate with complete dedication to the cause of the Fatherland and the Angolan people." However, according to Britannica.com: "The constitution of 1975 established a one-party state headed by a president who was also chairman of the MPLA, which declared itself a Marxist-Leninist vanguard party in 1977." Article 28 of the 1992 Constitution offered a revised characterization of the right to vote: "It shall be the right and duty of all citizens aged over 18, other than those legally deprived of political and civil rights, to take an active part in public life, to vote and stand for election to any State body, and to fulfill their offices with full dedication to the cause of the Angolan nation." Article 54 of the 2010 Angola Constitution uses similar language: "1. Every citizen who has attained the age of eighteen years shall have the right to vote and stand for election for any state or local authority body and to serve their terms of office or mandates, under the terms of the Constitution and the law. 2. The right to vote may not be restricted except with regard to the incapacities and ineligibilities prescribed in the Constitution. 3. The exercise of the right to vote shall be personal and non-transferable and shall be a civic duty." References: 1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197 1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf 2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010 https://www.britannica.com/place/Angola/Government-and-society |
Antigua and Barbuda | Voting Rights and Suffrage | History | Universal suffrage was introduced in Antigua and Barbuda in 1951 (National Encyclopedia, "Antigua and Barbuda- Politics, government, and taxation"). Antigua and Barbuda’s 1981 Constitution contains the first assertion of the right to vote in the country’s independent history. Section 40 specifically outlines this right. References: The 1981 Constitution of Antigua and Barbuda: https://www.legislation.gov.uk/uksi/1981/1106/pdfs/uksi_19811106_en.pdf National Encyclopedia: https://www.nationsencyclopedia.com/economies/Americas/Antigua-and-Barbuda-POLITICS-GOVERNMENT-AND-TAXATION.html#google_vignette |
Argentina | Voting Rights and Suffrage | History | Men received the right to vote in 1912: "In 1912, the Sáenz Peña law, named for the president at the time, guaranteed universal male suffrage, paving the way for the Radical Party under the leadership of Hipólito Yrigoyen to take power." (Hammond, 66) Women received the right to vote nationwide in Argentina in 1947: "The ratification of the suffrage law in 1947 represented a significant milestone for the feminist movement and a major victory for Perón’s administration." (Hammond, 172) In 1983, Argentina returned to democracy after almost eight years of authoritarian rule. In April 1994 elections were held to form a Constituent Assembly because of the provisions made to the 1853 Constitution. Under the new Constitution the president is directly elected for a four-year term by universal adult suffrage (ACE Project, “Electoral Systems- Argentina"). References: Hammond, Gregory. Women's Suffrage Movement and Feminism in Argentina from Roca to Peron, University of New Mexico Press, 2011. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/gwu/detail.action?docID=3039417. |
Armenia | Voting Rights and Suffrage | History | Article 1 of the 1995 Constitution of Armenia states that Armenia is a "sovereign, democratic state." Article 2 states: "The people exercise their power through free elections and referenda, as well as through state and local self-governing bodies and public officials as provided by the Constitution." Article 27 of the 1995 Constitution states: "Citizens of the Republic of Armenia who have attained the age of eighteen years are entitled to participate in the government of the state directly or through their freely elected representatives. Citizens found to be incompetent by a court ruling, or duly convicted of a crime and serving a sentence may not vote or be elected." References: "Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng |
Australia | Voting Rights and Suffrage | History | Differing groups in Australia have come to enjoy the right to vote in varying periods in the country's history. According to the Museum of Australian Democracy: "At the colony or state level, women won voting rights over a period of two decades. The first colony to grant women the vote was South Australia in 1893, while the last was Victoria in 1908. Women have been able to vote in federal elections since 1903, due to the Franchise Act of 1902." According to the National Museum of Australia, "From the first federal electoral Act in 1902 to 1965, when the last state changed its law, tens of thousands of Aboriginal and Torres Strait Islander people were subject to regulations which prohibited them from voting at federal and state elections. It wasn’t until 1984 that Indigenous people were finally treated like other voters and required to enrol and vote at elections." References: "Indigenous Australians’ right to vote": https://www.nma.gov.au/defining-moments/resources/indigenous-australians-right-to-vote Museum of Australian Democracy, "Elections and voting in Australia": http://static.moadoph.gov.au/ophgovau/media/images/apmc/docs/62-Elections.pdf?ref=hir.harvard.edu |
Austria | Voting Rights and Suffrage | History | In Austria, universal suffrage for men was introduced by the Voting Rights Act of 1907 and the country was one of the first in Europe to introduce women’s suffrage in 1918 (Metropole, “Your Right to Vote in Austria”). References: |
Azerbaijan | Voting Rights and Suffrage | History | Article 56 of the 1995 Constitution of Azerbaijan established the right to vote for citizens. References: “Azerbaijan 1995 (rev. 2016).” Constitute. https://www.constituteproject.org/constitution/Azerbaijan_2016 Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. |
Bahrain | Voting Rights and Suffrage | History | According to Article one of the 1973 Constitution, "The citizens shall have the right to participate in the public affairs of the State and enjoy political rights, beginning with the right to vote, in accordance with this Constitution and the conditions and procedures set forth in the law." This right is also found in Chapter I, Article 1 of the 2002 Bahrain Constitution with amendments through 2017: "Citizens, both men and women, are entitled to participate in public affairs and may enjoy political rights, including the right to vote and to stand for elections, in accordance with this Constitution and the conditions and principles laid down by law." Elections choose members of the lower house of Parliament. According to the US Department of State Bahrain 2022 Human Rights Report, "The parliament comprises an upper house appointed by the king, the Shura (Consultative) Council, and an elected Council of Representatives, each with 40 seats. Parliament can propose laws but does not draft legislation." References: “Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html Bahrain 2002 (Rev. 2017) Constitution.” Constitute: https://www.constituteproject.org/constitution/Bahrain_2017?lang=en. US Department of State Bahrain 2022 Human Rights Report: https://www.state.gov/wp-content/uploads/2023/02/415610_BAHRAIN-2022-HUMAN-RIGHTS-REPORT.pdf |
Bangladesh | Voting Rights and Suffrage | History | Article 122 of the 1972 Bangladesh Constitution describes the following qualifications for voters: "(1) The elections to Parliament shall be on the basis of adult franchise. (2) A person shall be entitled to be enrolled on the electoral roll for a constituency delimited the purpose of election to Parliament, if he- (a) is a citizen of Bangladesh; (b) is not less than eighteen years of age; c) does not stand declared by a competent court to be of unsound mind; and (d) is or is deemed by law to be a resident of that constituency." References: http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf |
Barbados | Voting Rights and Suffrage | History | In 1950 universal adult suffrage was introduced in Barbados for all of 21 years of age and over. In 1963 the right to vote was extended to those having reached the age of 18 years old. References: History of the form of Government in Barbados: https://www.electoral.barbados.gov.bb/25104-2/ |
Belarus | Voting Rights and Suffrage | History | Article 38 of the 1994 Constitution of the Republic of Belarus states that citizens have the right to vote. References: 1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults 1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e |
Belgium | Voting Rights and Suffrage | History | Belgian citizens are automatically registered on the electoral rolls when reaching the age of 18 and are subject to compulsory voting under Article 62 of the Belgian Constitution (Legislationline, “The Belgian Constitution”). Universal suffrage rights date to 1948, when women were granted the right to vote. The minimum age to vote was lowered to 18 years in 1981. (The Belgian Senate, "Parliamentary Election") References: Legislation Online, "The Belgian Constitution": https://legislationline.org/sites/default/files/documents/98/BELG_Constitution.pdf The Belgian Senate, "Parliamentary Election": https://www.senate.be/english/LegElectionsEN.html |
Belize | Voting Rights and Suffrage | History | According to section 92 of the 1981 Constitution, "At any general election-every citizen of Belize or a citizen of any Commonwealth Country who has attained the age of eighteen years and who satisfies the requirements of the Representation of the People Act shall have the right to vote;" According to Freedom House, "The 31 members of the House of Representatives are directly elected to five-year terms. The Senate has 12 seats. The ruling party, the opposition, and several civil associations select the senators, who are then appointed by the governor general." (Freedom House, “Belize”). References: 1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html Freedom House, "Belize": https://freedomhouse.org/country/belize/freedom-world/2023 |
Benin | Voting Rights and Suffrage | History | Article 3 of the 15 February 1959 Constitution of the Republic of Dahomey asserted universal, secret, and equal suffrage. Currently, the president is elected to a five-year term by popular vote, and is eligible for two terms. National Assembly Delegates are elected to four-year terms. (Freedom House, “Benin”). References: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57 Freedom House, "Freedom in the World, 2023: Benin": https://freedomhouse.org/country/benin/freedom-world/2023 |
Bhutan | Voting Rights and Suffrage | History | Article 23(2) of the 2008 Bhutan Constitution discusses the right to vote: "A person shall have the right to vote by direct adult suffrage through secret ballot at an election if the person is: (a) A Bhutanese citizen as evidenced by a Citizenship Card: (b) Not less than eighteen years of age: (c) Registered in the civil registry of that constituency for not less than one year, prior to the date of the election; and (d) Not otherwise disqualified from voting under any law in force in Bhutan. References: 2008 Constitution of the Kingdom of Bhutan: "Article 23: Elections," Constitution of the Kingdom of Bhutan, 2008 : 46-47: https://heinonline-org.proxygw.wrlc.org/HOL/Page collection=cow&handle=hein.cow/zzbt0002&id=55&men_tab=srchresults |
Bolivia | Voting Rights and Suffrage | History | Section 2 Article 26 of the Constitution grants the right for universal suffrage for all people (Constitute Project, “Bolivia’'s Constitution of 2009” ). According to the Inter-Parliamentary Union, the right to vote was extended to women in 1952. References: “Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009 Inter-Parliamentary Union, "Women's Suffrage": http://archive.ipu.org/wmn-e/suffrage.htm |
Bosnia and Herzegovina | Voting Rights and Suffrage | History | In accordance with Article II 1, Article IV 1.2 and 4.a and the Article V 1.a of the Constitution of Bosnia and Herzegovina and Article V of the Annex 3 of the General Framework Agreement for Peace in Bosnia and Herzegovina, the Election Law Of Bosnia And Herzegovina was developed in 2001 to promote free and fair elections (Legislationline, “Election Law of Bosnia and Herzegovina”). According to the Inter-Parliamentary Union, the right to vote was extended to women in 1949, when Bosnia and Herzegovina was part of Yugoslavia. References: Legislationline, “Election Law of Bosnia and Herzegovina”: https://legislationline.org/sites/default/files/documents/e8/Bosnia_Herzegovina_election_law_2001_am2016_en.pdf Inter-Parliamentary Union, "Women's Suffrage": http://archive.ipu.org/wmn-e/suffrage.htm |
Botswana | Voting Rights and Suffrage | History | Article 67 of the 1966 Constitution of Botswana described the right to vote, which was granted to citizens of at least 21 years of age meeting residency requirements. An amendment in 1997 lowered the minimum age of voters to 18 years old. References: English text of the Constitution of 1966 as amended to Act No. 1 of 1983 [52] (2016) Chapter V: Parliament https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbw0006&id=52&men_tab=srchresults The Constitution {Amendment) Act, 1997: https://botswanalaws.com/StatutesActpdf/CONSTITUTION%20(AMENDMENT)%20ACT,%2018%20OF%201997.pdf |
Brazil | Voting Rights and Suffrage | History | Women received the right to vote in Brazil in 1932. According to Brazil's Superior Electoral Court, "With the enactment of Decree No. 21,076 (first electoral code in Brazil), the Electoral Court and its structure was created, with a Superior Court and Regional Courts in each state. Among the code's important innovations, women’s right to vote and to be elected stands out – expressed in a legal provision for the first time. In addition, the decree instituted the 5th model of electoral title, secret ballot, and proportional representation." References: Superior Electoral Court, "History of the Electoral Justice System": https://international.tse.jus.br/en/superior-electoral-court/history-of-the-electoral-jujstice-system |
Brunei | Voting Rights and Suffrage | History | According to Freedom House, "The unicameral Legislative Council has no political standing independent of the sultan, who appoints its 33 members. Brunei has not held direct legislative elections since 1962." References: Freedom House, "Freedom in the World 2023: Brunei" https://freedomhouse.org/country/brunei/freedom-world/2023 |
Bulgaria | Voting Rights and Suffrage | History | According to Article 86 of the 1879 Constitution of the Principality of Bulgaria: "The ordinary National Assembly is composed of Deputies, chosen by direct popular election, in the proportion of one representative for 10,000 individuals of either sex. The Deputies are chosen for a term of three years. The electors are all Bulgarian subjects over twenty-one years of age, and in the enjoyment of civil and political rights. Any Bulgarian subject who enjoys civil and political rights, is over thirty years of age, and can read and write, may be chosen Deputy. A special electoral law will regulate the proceedings of the elections." Under the 1991 Constitution Article 42, every citizen above the age of 18 is free to participate in elections of state and local authorities and in referendums (Constitute Project, "Bulgaria's Constitution of 1991 with Amendments through 2015" ). References: 1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XIV: The Ordinary National Assembly: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=7&men_tab=srchresults 1991 Bulgaria Constitution: https://www.constituteproject.org/constitution/Bulgaria_2015?lang=en. |
Burkina Faso | Voting Rights and Suffrage | History | Articles 3-5 of the 1959 Constitution of Upper Volta discussed voting rights. Article 3 stated that "The Republic of Upper Volta is democratic. Its principle is: government of the people, by the people and for the people." Article 4 asserted the location of sovereignty in the people as a whole: "Sovereignty belongs to the people. No section of the people, nor any individual may arrogate its exercise." Article 5 treated the universality of suffrage: "The people exercise their sovereignty by their representatives. Suffrage is universal, equal and secret. All citizens, of both sexes, of majority, enjoying their civil and political rights, are electors." Under Article 33 of Title II in the 1991 Constitution of Burkina Faso, as revised in 2015, suffrage is direct or indirect and is universal, equal and secret (Constitute Project, “Burkina Faso's Constitution of 1991 with Amendments through 2015” ). References: English Translation of the French Official Original Text of the Constitution of 1959 3-4 (2021) Title I: Of the State and of Sovereignty: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbf0033&id=3&collection=cow&index= 1991 Constitution of Burkina Faso 1991 as revised in 2015: https://www.constituteproject.org/constitution/Burkina_Faso_2015 |
Burundi | Voting Rights and Suffrage | History | Under Article 8 of Title I, of The State and of The Sovereignty of The People, all Brudians are granted universal suffrage if they are 18 years of age (Constitute Project, “Burundi's Constitution of 2005” ). Women gained the right to vote in Burundi in 1961. (Ramirez et.al. 1997, References: "Burundi 2005 Constitution": https://constituteproject.org/constitution/Burundi_2005 Ramirez, Francisco O, Yasemin Soysal, and Suzanne Shanahan. “The Changing Logic of Political Citizenship: Cross-National Acquisition of Women’s Suffrage Rights, 1890 to 1990.” American Sociological Review 62.5 (1997): 744. |
Cambodia | Voting Rights and Suffrage | History | Article 48 of the 1947 Cambodia Constitution stated: "Any Cambodian citizen, who is fully 20 years old is an elector, provided that he is not deprived of his civil rights and that he fulfills the conditions determined by the Electoral Law. Soldiers and officers on the active list can neither be electors nor eligible. It is the same for the monks on account of the Buddhist dogmas." Khmer citizens 18 years or older are granted the right to vote through universal suffrage under Article 34 of the 1993 Constitution. References: 1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf 1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 |
Cameroon | Voting Rights and Suffrage | History | According to the 1961 Constitution: "National sovereignty shall be vested in the Cameroonian People, which shall exercise such sovereignty either through its deputies in the Federal Assembly or by way of referendum. No section of the People, nor any individual, may assume the exercise thereof. The vote shall be equal and secret; all citizens who have attained the age of twenty-one years shall participate therein." Under Part I, The State and Sovereignty, Article 2 of the current Cameroon Constitution, voting is equal, secret and by universal suffrage. It is granted to every citizen 20 years of age and older (Constitute Project, “Cameroon's Constitution of 1972 with Amendments through 2008” ). References: 1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf 1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en |
Canada | Voting Rights and Suffrage | History | In 1876, only men who were 21 years of age or older, and who owned property were able to vote in federal elections. In 1918 Canadian women were given the right to vote in federal elections if they met the same eligibility criteria as men. The 1982 The Canadian Charter of Rights and Freedoms affirms the right of every Canadian citizen to vote and to stand as a candidate (Elections Canada, “A Brief History of Federal Voting Rights in Canada”). References: Elections Canada, “A Brief History of Federal Voting Rights in Canada”: https://electionsanddemocracy.ca/voting-rights-through-time-0/brief-history-federal-voting-rights-canada |
Cape Verde | Voting Rights and Suffrage | History | Under Chapter II, Rights, Liberties and Guarantees in Political Participation, Article 54 of the Cape Verde Constitution all citizens at least 18 years of age have the right to vote and participate in political life directly and through freely elected representatives (Constitute Project, “Cape Verde's Constitution of 1980 with Amendments through 1992” ). References: Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992 |
Central African Republic | Voting Rights and Suffrage | History | Article 18 of the 1994 Constitution reads as follows: "The principle of the Republic is: “Government of the people, by the people, and for the people”. The national sovereignty belongs to the people who exercise it directly by means of referendum or indirectly by their representatives. No faction of the people nor any individual may assume its exercise. The usurpation of the national sovereignty by a coup d’état or by other means constitutes an unmentionable crime against the Central African people. Any person or third party who would accomplish such acts will have declared war on the Central African people. The right to vote is guaranteed to all adult citizens of either sex in possession of their civil and political rights." References: Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf |
Chad | Voting Rights and Suffrage | History | Universal suffrage is granted directly or indirectly and is equal and secret for those 18 years of age or older under Title I, Of the State and Of Sovereignty, Article 6 of the Constitution of Chad. Women could legally vote in Chad beginning in 1956. References: 2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en Ramirez, Francisco O, Yasemin Soysal, and Suzanne Shanahan. “The Changing Logic of Political Citizenship: Cross-National Acquisition of Women’s Suffrage Rights, 1890 to 1990.” American Sociological Review 62.5 (1997): 744. |
Chile | Voting Rights and Suffrage | History | The Constitution of Chile, Chapter II, Nationality and Citizenship, Article 13 grants those Chileans the right to vote "who have reached the age of eighteen years and who have never been sentenced to afflictive punishment.". (Constitute Project, “Chile's Constitution of 1980 with Amendments through 2021” ). Women were legally entitled to vote in Chile beginning in 1949. References: 1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021 Ramirez, Francisco O, Yasemin Soysal, and Suzanne Shanahan. “The Changing Logic of Political Citizenship: Cross-National Acquisition of Women’s Suffrage Rights, 1890 to 1990.” American Sociological Review 62.5 (1997): 744. |
China | Voting Rights and Suffrage | History | Though suffrage was predicated on a number of qualifications with reference to judgments of personal characteristics such as literacy and character, the 1908 Memorial and Edict on Constitutional Government refers to a right to vote, even if in terms of when it cannot be claimed: "Those who have not been residents of their native places for one year or more before the time of election shall not have the right to vote or to stand as candidates." Under Chapter II, The Fundamental Rights and Duties of Citizens, Article 34 all citizens 18 years of age have the right to vote and stand for election without discrimination. (Constitute Project, “China (People’s Republic of)'s Constitution of 1982 with Amendments through 2018” ). References: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018 |