Fundamental Rights And The Duties Of The Citizen

(1) Human dignity is given by God to every human being, and this is the basis for all human rights. (2) Human dignity is inviolable and must be protected by all. (3) State power must not be exercised in a manner that violates human dignity.

(1) All citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect shall have equal rights and duties before the law. (2) Discrimination is deemed to occur if the effect of an action impairs or restricts a persons rights, even if the actor did not intend this effect. (3) The State must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity, culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth. (4) All State programs, such as laws, or political and administrative actions that are designed to achieve full equality for individuals or groups who are disadvantaged, or who have suffered from discrimination in the past, shall be deemed to be not discriminatory.

(1) The fundamental rights and freedoms recognized in this Chapter shall always be respected in the making and application of the law. Likewise, they must be respected by all individuals and private organisations, as well as by every state institution and state official as they carry out their official functions. (2) It is the responsibility of the state not only to ensure it does not violate rights through its actions, but also to take reasonable steps to protect the rights of the people from abuse by others. (3) The rights recognized in this Chapter may be limited only by a law as provided for in Article 38. Title Two: Rights, Basic Personal Liberties and Limitations

Everyone has the right to life.

A person may not be subjected to slavery, servitude, trafficking, or forced labour for any purpose.

(1) Every person has the right to personal liberty and security. (2) Every person has the right to personal security , and this includes: the prohibition of illegal detention, all forms of violence, including any form of violence against women, torture, or inhumane treatment. (3) Every person has the right to physical integrity, which cannot be violated. No one may be subjected to medical or scientific experiments without their consent or, if a person lacks the legal capacity to consent, the consent of a near relative and the support of expert medical opinion. (4) Female circumcision is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited. (5) Abortion is contrarxcept in cases of necessity, especially to save the life of the mother.

Every person has the right to associate with other individuals and groups. This includes the right to form and belong to organizations, including trade unions and political parties. It also includes the right not to associate with others, and a person cannot be forced to associate with any other individual or group.

(1) Every person is free to practice his or her religion. (2) No religion other than Islam can be propagated in the Federal Republic of Somalia.

(1) Every person has the right to have and express their opinions and to receive and impart their opinion, information and ideas in any way. (2) Freedom of expression includes freedom of speech, and freedom of the media, including all forms of electronic and web-based media. (3) Every person has the right to freely express their artistic creativity, knowledge, and information gathered through research.

(1) The home and other dwellings of the person shall be inviolable, and their entry, search or surveillance shall not be allowed without a reasoned order from a judge. (2) Any such order must be read properly to the occupier of the dwelling before entry, and the inspecting authority is prohibited to violate the law.

(1) Every person has the right to organize and participate in meetings, and to demonstrate and protest peacefully, without requiring prior authorization. (2) Every person has the right to present petitions to State Institutions.

(1) Every person lawfully residing within the territory of the Federal Republic of Somalia has the right to freedom of movement, freedom to choose their residence, and freedom to leave the country. (2) Every citizen has the right to enter and to remain in the country, and has the right to a passport.

(1) Every citizen has the right to take part in public affairs. This right includes: (a) The right to form political parties and to participate in the activities of political parties;; and (b) The right to be elected for any position within a political party. (2) Every citizen who fulfills the criteria stated in the law has the right to elect and to be elected. (3) The rights stated in Paragraph (1) and (2) shall be exercised in accordance with this Constitution and a law enacted by the Federal Parliament.

Every citizen has the right to choose their trade, occupation or profession freely.

(1) Every person has the right to fair labour relations. (2) Every worker has the right to form and join a trade union and to participate in the activities of a trade union. (3) Every worker has the right to strike. (4) Every trade union or emploganization or employer has the right to engage in collective bargaining regarding labour-related issues. (5) All workers, particularly women, have a special right of protection from sexual abuse, segregation and discrimination in the work place. Every labour law and practice shall comply with gender equality in the work place.

(1) Every person has the right to an environment that is not harmful to their health and well-being, and to be protected from pollution and harmful materials. (2) Every person has the right to have a share of the natural resources of the country, whilst being protected from excessive and damaging exploitation of these natural resources.

(1) Every person has the right to own, use, enjoy, sell, and transfer property. (2) The state may compulsorily acquire property only if doing so is in the public interest. Any person whose property has been acquired in the name of the public interest has the right to just compensation from the State as agreed by the parties or decided by a court.

(1) Every person has the right to clean potable water. (2) Every person has the right to healthcare, and no one may be denied emergency healthcare for any reason, including lack of economic capability. (3) Every person has the right to full social security. (4) Every person has the right to protect, pursue, and achieve the fulfillment of the rights recognised in this Article, in accordance with the law, and without interference from the state or any other party. (5) It shall be ensured that women, the aged, the disabled and minorities who have long suffered discrimination get the necessary support to realize their socio-economic rights.

(1) Marriage is the basis of the family, which is the foundation of society. Its protection is a legal duty of the State. (2) Mother and child care is a legal duty of the State. (3) Every child has the right to care from their parents, including education and instruction. In instances where this care is not available from the family, it must be provided by others. This right applies to street children and children of unknown parents, the rights of whom the state has a particular duty to fulfill and protect. (4) Adults have a duty to support their parents if the parents are unable to care for themselves. (5) A marriage shall not be legal without the free consent of both the man and the woman, or if either party has not reached the age of maturity.

(1) Every child has the right to a good and righteous name and a nationality from birth. (2) Every child has the right to be protected from mistreatment, neglect, abuse, or degradation. (3) No child may perform work or provide services that are not suitable for the childs age or create a risk to the childs health or development in any way. (4) Every child may be detained only as a last resort, for a limited time, in appropriate conditions, and must be detained separately from adults with the exception of the childs immediate family. The childs immediate family must be informed of the childs detention as soon as practicable. (5) Every child shall have the right to legal aid paid for by the State if the child might otherwise suffer injustice. (6) Every child has the right to be protected from armed conflict, and not to be used in armed conflict. (7) In every matter concerning a child, the childs best interests are of paramount importance. (8) In this Article, the word cmeans a person under 18 years of age.

(1) Education is a basic right for all Somali citizens. (2) Every citizen shall have the right to free education up to secondary school. (3) The State shall give priority to the development, expansion and extension of public education. (4) Private schools, institutes and universities shall be established according to law and in line with the educational program and academic curricula of the country. (5) The State shall encourage the promotion of research, creativity, and arts, and the advancement of cultural and traditional dances and sports and shall promote the positive customs and traditions of the Somali people. (6) The State shall adopt a standardized curriculum across all schools of the country, and shall ensure its implementation. (7) The State shall promote higher education, technical institutes, and technology and research institutions. (8) The teaching of Islam shall be compulsory for pupils in both public and private schools. Schools owned by non-Muslims shall be exempted from these measures.

(1) The state shall promote the positive traditions and cultural practices of the Somali people, whilst striving to eliminate from the community customs and emerging practices which negatively impact the unity, civilization and wellbeing of society. (2) The state shall collect, protect and preserve the countrys historic objects and sites, whilst developing the know-how and technology that shall enable the fulfillment of such an obligation. (3) The state shall promote the cultural practices and local dialects of minorities. (4) The rights mentioned in this Article shall be implemented in accordance with the fundamental rights recognized in this Constitution.

(1) Every person has the right of access to information held by the state. (2) Every person has the right of access to any information that is held by another person which is required for the exercise or protection of any other just right. (3) Federal Parliament shall enact a law to ensure the right of access to information.

Every person has the right to administrative decisions that are lawful, reasonable and conducted in a procedurally fair manner.

(1) Every person is entitled to file a legal case before a competent court. (2) Every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time, and to determine: (a) Any question of civil rights and obligations;; or (b) Any criminal charge. (3) Every person is entitled to defend him or herself from the case he or she is party to, whatever the level or stage of the proceedings may be. (4) The state shall provide free legal defence to the people who do not have the means of doing so themselves. (5) The state shall provide free legal defence to individuals or communities if they are legally pursuing the public interest.

(1) The accused is presumed innocent until proven guilty in a final manner by a court of law. (2) Every person arrested or detained has the right to be informed promptly of the reason for their arrest or detention in a language that the person understands. (3) Every person arrested or detained shall have the right for his or her family and relatives to be informed of his or her situation. (4) A person may not be compelled to self-incriminate, and a verdict may not be based on evidence acquired by means of coercion. (5) Every person who is arrested has the right to be brought before a competent court within 48 hours of the arrest. (6) Every person who is arrested or detained has the right to choose, and to consult with, a legal practitioner and if he or she cannot afford one, the State must appoint a legal practitioner for him or her. (7) Every person brought before a court of law for an alleged criminal offence is entitled to a fair trial. (8) The accused has the right to be present at their trial. (9) The accused has the right to challenge the evidence presented against him or her. (10) The accused has the right to an interpreter if the accused person does not understand the language being used in the court. (11) The accused cannot be kept in an illegal detention centre, and must be granted visits by his or her family, doctor or lawyer. (12) Criminal liability is a personal matter and no person may be convicted of a criminal offence for an act committed by another person. (13) No person may be convicted of a crime for committing an act that was not an offence at the time it was committed, unless it is a crime against humanity under international law.

(1) Any person who has been accused or convicted may be extradited only in a manner prescribed by law and on the basis of an international treaty or convention which the Federal Republic of Somalia is party to, and which obliges the Federal State of Somalia to extradite the accused or convicted. (2) Any accused or convicted person shall be extradited only in accordance with international law and practice, and on the basis of legislation governing extradition, which has been passed by the Federal Parliament.

(1) Every person who has sought refuge in the Federal Republic of Somalia has the right not to be returned or taken to any country in which that person has a well-founded fear of persecution. (2) The Federal Parliament shall enact legislation in compliance with international law, regulating refugees and asylum seekers.

(1) The rights set out in this Chapter may be limited by law, provided that the law is not targeted at any particular individuals or groups. (2) A right may be limited by law, or by specific exceptions in this Chapter, only if that limitation is demonstrably reasonable and justified according to the values underlying this Constitution. (3) In deciding whether a limitation is reasonable and justifiable, all relevant factors must be taken into account. (4) The relevant factors in terms of Clause 3 include the nature and importance of the right limited, the importance of the purpose to be achieved by the limitation, whether the limitation is suitable for achieving the purpose, and whether the same purpose could be achieved while being less restrictive of the rights limited. (5) Possible restriction of fundamental rights during a state of emergency is dealt with in Chapter 14, Article 131 of this Constitution.

(1) The law shall provide for adequate procedures for redress of violations of human rights. (2) Redress of violations of human rights must be available in courts that the people can readily access. (3) A person or organization may go to court to protect the rights of others who are unable to do so for themselves.

(1) When interpreting the rights set out in this Chapter, a court shall take an approach that seeks to achieve the purposes of the rights and the values that underlie them. (2) In interpreting these rights, the court marnational law, and decisions of courts in other countries, though it is not bound to follow these decisions. (3) When interpreting and applying the law generally, a court or any tribunal shall consider the relevance of the provisions of this Chapter, and make its decisions compatible with these provisions, as far as is possible. (4) The recognition of the fundamental rights set out in this Chapter does not deny the existence of any other rights that are recognized or conferred bby customary law or legislation to

(1) The Federal Parliament shall establish a Human Rights Commission that is independent of State control, and has adequate resources to carry out its functions effectively. (2) The functions of the Human Rights Commission shall include the promotion of knowledge of human rights, and specifically the fulfillment of human rights obligations, monitoring human rights within the country, and investigating allegations of human rights violations. Title 3: Duties of Citizens

(1) In Islam, justice requires a balance of rights and duties. (2) The exercise of equality, freedoms, and other rights is inseparable from duties. Accordingly, it is the duty of each citizen: (a) To be patriotic and loyal to the country and to promote its development and well-being;; (b) To engage in useful work for the good of the citizen, the family, and the common good, and to contribute to national development and to the well-being of the community where the citizen lives;; (c) To promote responsible parenthood;; (d) To foster national unity in harmony with others;; (e) To promote accountability and the rule of law;; (f) To become acquainted with the provisions of the Constitution and to uphold and defend the Constitution and the law of the country;; (g) To strive to vote in elections;; (h) To become a good tax-payer in order to contribute to the public expenditure according to the law and the citizens capacity to pay;; and (i) To defend the territory of the Federal Republic of Somalia.