The document was approved by Parliament in March and came into effect on June 20, A total of 23 constitutions have been promulgated throughout Haiti's history,  the first of which was promulgated under the short-lived government of then-Governor-General Toussaint L'Ouverture , who had become the leader of the revolutionary forces in the Haitian Revolution. From Wikipedia, the free encyclopedia. Constitutional Court Law.
|Published (Last):||18 November 2009|
|PDF File Size:||6.52 Mb|
|ePub File Size:||1.22 Mb|
|Price:||Free* [*Free Regsitration Required]|
The Haitian people proclaim this Constitution: … To assure to women a representation in the instances of power and of decision which must conform to the equality of the sexes and to equity of gender. The regulations governing Haitian nationality shall be determined by law. Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth.
The law establishes the conditions in which an individual may acquire the Haitian nationality. The Constitutional Council is an organ charged to assure the constitutionality of the laws. It is the judge of the constitutionality of the law, of the regulations and of the administrative acts of the Executive Power.
Its decisions are not susceptible to any recourse. The law determines the modalities of organization and of functioning of the Constitutional Council as well as the other entities enabled to refer a matter to it. The Constitutional Council is called to decide on the conflicts which oppose the Executive Power and the Legislative Power or the two branches of the Legislative Power.
In the same way, it decides on the conflicts of attribution between the administrative tribunals, the electoral tribunals and the judicial tribunals. When on the occasion of a pending legal proceeding before a jurisdiction, an exception of unconstitutionality is raised, the Constitutional Council may be referred to the matter on remand from the Court of Cassation.
If the provision is declared unconstitutional, the Constitutional Council returns it to the Parliament which decides sovereignly on the case. The new provision is promulgated. The State guarantees the right to education. Instruction is free to all the degrees.
This freedom is exercised under the control of the State. Education is a responsibility of the State and of the territorial collectivities. They must place school freely within the reach of all, and see to the level of training of the teachers of the public and non-public sectors. The first responsibility of the State and its territorial divisions is education of the masses, which is the only way the country can be developed.
The State shall encourage and facilitate private enterprise in this field. Fundamental education is obligatory. The classical necessities and didactic materials shall be placed freely by the State at the disposition of the students at the level of fundamental education.
Agricultural, vocational and technical education is a responsibility taken by the State and the territorial collectivities. The State and the territorial collectivities have as a duty to make all the provisions necessary with a view to intensify the campaign of literacy of the masses. They encourage all private initiatives directed to this end.
Art- Every employee of a private or public institution is entitled to a fair wage, to rest, to a paid annual vacation and to a bonus. The State guarantees workers equal working conditions and wages regardless of their sex, beliefs, opinions and marital status. The State shall see to it that a Civil Pension Retirement Fund is established in the public and private sectors. The fund shall receive contributions from employers and employees, in accordance with the criteria and in the manner established by law.
The granting of a pension is a right and not a privilege. The Haitian people proclaim this Constitution: … To fortify the national unity, eliminating all discrimination between the populations, of the towns and of the countryside, by the acceptance of the community of languages and of culture and by the recognition of the right to progress, to information, to education, to health, to work and to leisure for all citizens [masculine] and citizens [feminine]. To assure to women a representation in the instances of power and of decision which must conform to the equality of the sexes and to equity of gender.
Haitians shall be equal before the law, subject to the special advantages conferred on native-born Haitians who have never renounced their nationality. The Haitian people proclaim this Constitution: To guarantee their inalienable and imprescriptible rights to life, to liberty and to the pursuit of happiness; in accordance with their Act of Independence of and with the Universal Declaration of the Rights of Man of The State has the absolute obligation to guarantee the right to life, health, and respect of the human person for all citizens without distinction, in conformity with the Universal Declaration of the Rights of Man.
Government officials and employees are directly liable under civil and administrative criminal law for acts carried out in violation of rights. In such cases, civil liability extends to the State as well. These obligations are: … m. Any violation of the provisions on individual liberty are arbitrary acts. Injured parties may, without prior authorization, appeal to the competent courts, to bring suit against the authors and perpetrators of these arbitrary acts, regardless of their rank or the body to which they belong.
In the exercise of its functions, it will pay a special attention to the complaints presented by women, particularly in that relating to the discriminations and the aggressions of which they may be victims notably in their work.
The attributions of the National Assembly are The National Assembly decides with the Executive Power as to what constitutional guarantees may be suspended in the parts of the territory placed under a state of siege. Preschool and maternal instruction will be a responsibility taken by the State and the territorial collectivities. It must also protect all families regardless of whether they are constituted within the bonds of marriage. It must endeavor to aid and assist mothers, children and the aged.
The law ensures protection for all children. Any child is entitled to love, affection, understanding and moral and physical care grow its father and mother. A family Code must be drawn up to ensure protection and respect for the rights of the family and to define procedures of the search for affiliation. Courts and other Government agencies charged with the protection of these rights must be accessible free of charge at the level of the smallest territorial division.
The Haitian people proclaim this Constitution: … To establish a governmental regime based on the fundamental liberties and the respect for human rights, the social peace, economic equity, the equity of gender, the concerted [action] and the participation of all the population in the grand decisions engaging the national life, by an effective decentralization. Compulsory civic service for both sexes is established.
The terms thereof shall be set by law. The law shall regulate the civil service on the basis of aptitude, merit and conduct. It shall guarantee security of employment. The civil service is a career. No official may be hired except by competition or by meeting other conditions prescribed by the Constitution and by law, nor may he be dismissed except for causes specifically determined by law. Dismissals must in all cases be ruled upon by the Court of Administrative Disputes.
The enjoyment, and the exercise of the civil and political rights constitute the quality of the citizen. The suspension or the loss of these rights is regulated by the law.
All Haitians, regardless of sex or marital status, who have attained twenty-one years of age may exercise their political and civil rights if the meet the other conditions prescribed by the Constitution and by law. Freedom of unarmed assembly and association for political, economic, social, cultural or any other peaceful purposes is guaranteed. National sovereignty is vested in all citizens. Citizens directly exercise the prerogatives of sovereignty by: a.
Political parties and groups shall compete with each other in the exercise of suffrage. They may be established and may carry out their activities freely. They must respect the principles of national and democratic sovereignty. The law determines the conditions for their recognition and operation, and the advantages and privileges reserved to them. The Permanent Electoral Council is responsible for organizing and controlling with complete independence all electoral procedures throughout the territory of the Republic until the results of the election are announced.
The Executive power is vested in: a. The President of the Republic is elected by direct, universal suffrage by the absolute majority of voters, established from the valid votes in accordance with the electoral law. To be President of the Republic of Haiti, one must: 1. The President of the Republic chooses a Prime Minister from among the members of the Party having the absolute majority in the Parliament. The majority is established on the basis of the electoral results of those elected in each of the two Chambers.
In default of this majority, the President of the Republic chooses the Prime Minister in consultation with the President of the Senate and that of the Chamber of Deputies. The Prime Minister is the head of the Government. To be appointed Prime Minister, a person must: 1.
With the approval of the President, the Prime Minister shall choose the members of his Cabinet of Ministers and shall go before Parliament to obtain a vote of confidence on his declaration of general policy. To be appointed Minister, one must: 1. Legislative power shall be vested in two 2 representative Chambers.
The Chamber of Deputies is a body composed of members elected by direct suffrage by the citizens and is responsible for exercising, on their behalf and in concert with the Senate, the functions of the legislative power. To be a member of the Chamber of Deputies, one must: 1. The Senate is a body composed of members elected by direct suffrage of the citizens and charged with exercising on their behalf, in concert with the Chamber of Deputies, the duties of the Legislative Power.
A Senator of Republic is elected by universal suffrage by an absolute majority of votes in the Primary Assemblies held in the geographic Departments, under the terms prescribed by the Electoral Law. To be elected Senator, one must: 1. Private property is recognized and guaranteed. The law specifies the manner of acquiring and enjoying it, and the limits placed upon it. The law shall set conditions for land division and aggregation in terms of a territorial management plan and the well-being of the communities concerned, within the framework of agrarian reform.
This Institute shall draw up an agrarian policy geared to optimizing productivity by constructing infrastructure aimed at the protection and management of the land. The law determines the minimum and maximum area of basic farm units. These obligations are: a. The National Assembly may not ratify any international treaty, convention or agreement containing clauses contrary to this Constitution.
All Codes of Law or Handbooks of Justice, all laws, all decree laws and all decrees and orders Arretes currently in force shall be maintained in all matters not contrary to this Constitution. Once international treaties or agreements are approved and ratified in the manner stipulated by the Constitution, they become part of the legislation of the country and abrogate any laws in conflict with them.
Le Conseil Constitutionnel veille et statue lorsqu'il est saisi: a. Article ter. L'enseignement fondamental est obligatoire. L'allocation de la pension est un droit et non une faveur.
Constitution of Haiti