Privacy Rights/History/Country sources/Nicaragua: Difference between revisions

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|question=Country sources
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Nicaragua
|pageLevel=Breakout
|pageLevel=Breakout
|breakout=Nicaragua
|contents=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.”  
|contents=The [[Probable year:: 1974]]  constitution “guarantees the inviolability of the home, the dwelling, and of any other private premises of persons” in Article 58 (General Secretariat Organization of American States, Washington D.C., “Constitution of the Republic of Nicaragua”). Article 80 protected correspondence. The [[Probable year:: 1987]]  constitution broadened privacy rights in Article 26 stating: “Everyone has the right to: 1. Privacy in his/her life and that of his/her family; 2. Respect of his/her honor and reputation; 3. Know about any information which private or public entities may have on record about him/her as well as the right to know why and for what purpose they hold such information; 4. Inviolability of his/her domicile, correspondence and communication of any kind.” (Constitute Project, “Nicaragua [[Probable year:: 1987]]  rev. [[Probable year:: 2014]]” ).
 
References:


https://books.google.com/books?printsec=frontcover&vid=LCCN77374018#v=snippet&q=inviolable&f=false
Constitution of the State of Nicaragua, 1826. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0038&i=1
https://www.constituteproject.org/constitution/Nicaragua_[[Probable year:: 2014]]? lang=en


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
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Latest revision as of 18:37, 22 July 2024

Privacy Rights

What is the oldest written source in this country that mentions this right?

Nicaragua

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



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