Nicaragua

Nicaragua

Right	Section	Contents
Freedom of Association	History	The first mention of freedom of association in Nicaraguan law is found in the 1838 Political Constitution of the Sovereign, Free, and Independent State of Nicaragua, promulgated shortly after the country’s final independence. In Article 14, the constitution states that “popular gatherings that have as [their] object any honest pleasure, the discussion concerning politics, or to examine the public conduct of the [state] functionaries” cannot be impeded. “Political Constitution of the Sovereign, Free, and Independent State of Nicaragua.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzni0040&collection=cow.
Freedom of Expression	History	The 1826 Constitution of Nicaragua expresses in Article 29 that “freedom of speech, of writing and of the press, is one of the first and most sacred rights of Nicaraguans. The Law may not prohibit it, or subject it to prior censorship, for any cause or pretext.” The 1838 Constitution, enacted after Nicaragua became an independent republic, details freedom of expression in Article 29 with specific mention of citizens “being responsible before the law for abusing this liberty.” Article 21 of the 1974 Constitution, enacted after the Nicaraguan Revolution additionally grants freedom of expression, but with multiple limitations by law if necessary for national security, order, public health, and dignity, or for the national economy. The 1987 Constitution, which is Nicaragua’s most recent Constitution, protects freedom of expression in Article 30, and specifically indigenous cultural expression in Article 90. Article 186 states the freedoms which the government can suspend in a state of emergency; Article 90 can not be suspended but Article 30 is not mentioned. References: Constitution of the State of Nicaragua, 1826. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0038&i=1 Political Constitution of the Free State of Nicaragua, 1838. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0040&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
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.
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” ).
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
Voting Rights and Suffrage	History	Under Article 2 of Nicaragua’s Constitution, Nicaraguan citizens are granted the right of “sovereign power through their representatives” via equal, direct, universal and secret suffrage. Articles 132, 146, and 178 grant the right for citizens to vote for the President, legislators in the National Assembly, and local officials. (Constitute Project, “ Nicaragua’s Constitution of 1987 with Amendments through 2014” ).