Venezuela
Venezuela
| Right | Section | Contents |
|---|---|---|
| Freedom of Association | History | There are multiple constitutions and iterations of the Venezuelan constitution and the first instance of freedom of association is the 1961 constitution which indicated in article 70 that everyone has the right to associate for lawful purposes, in accordance with the law. Bolivarian Republic of Venezuela. 1961. “Constitución de Venezuela, 1961 Con Reformas de 1983.” Pdba.georgetown.edu. 1961. https://pdba.georgetown.edu/Constitutions/Venezuela/ven1961.html. |
| Freedom of Expression | History | Article 181 of the Constitution of the Federal States of Venezuela, adopted in 1811, was the first document in the country’s history to mention freedom of expression through print. However, Article 4 of the country’s 1819 constitution was the first to guarantee the right to express using all mediums, except in cases where it interfered with “public tranquility, good customs, life, honor, esteem, and individual property.”
“Constitución Federal de 1811.” Biblioteca Virtual Miguel de Cervantes. Accessed June 27, 2023. https://www.cervantesvirtual.com/obra-visor/constitucion-federal-de-los-estados-de-venezuela-21-de-diciembre-1811/html/86de8dbc-4b14-4131-a616-9a65e65e856a_2.html “Constitución - 1819.” Instituto Geográfico de Venezuela Simón Bolívar. Accessed June 27, 2023. https://web.archive.org/web/20171201034609/http://www.igvsb.gob.ve/marco_legal/upload/archivos/CONSTITUCION%201819.pdf |
| 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.
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| 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. |
| 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 |
| Voting Rights and Suffrage | History | Under the 1999 Constitution of Venezuela, Article 64, all Venezuelans over the age of 18 have the right to vote (Constitute Project, Venezuela's Constitution of 1999 with Amendments through 2009) . |