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Fundamental Rights and Duties of Citizens

Chapter Two Fundamental Rights and Duties of Citizens

Article 22
Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited.
The citizens of Afghanistan have equal rights and duties before the law

Article 23
Life is a gift of God and a natural right of human beings. No one shall be deprived of this right except by the provision of law.

Article 24
Liberty is the natural right of human beings. This right has no limits unless affecting the rights of others or public interests, which are regulated by law.

Liberty and dignity of human beings are inviolable.
The state has the duty to respect and protect the liberty and dignity of human beings.

Article 25
Purity of heart is the original state.
An accused is considered innocent until convicted by a final decision of an authorized court.

Article 26
Crime is a personal action.
The prosecution, arrest, and detention of an accused and the execution of penalty can not affect another person.

Article 27
No act is considered a crime, unless determined by a law adopted prior to the date on which the offense is committed.
No person can be pursued, arrested or detained but in accordance with provisions of law.
No person can be punished but in accordance with the decision of an authorized court and in conformity with the law adopted before the date of offense.

Article 28
No citizen of Afghanistan accused of a crime can be extradited to a foreign state unless according mutual agreement and international conventions that Afghanistan has joined.
No Afghan would be sentenced to deprivation of citizenship or to exile inside the country or abroad.

Article 29
Torture of human beings is prohibited.
No person, even with the intention of discovering the truth, can resort to torture or order the torture of another person who may be under prosecution, arrest, or imprisoned or convicted to punishment.
Punishment contrary to human integrity is prohibited.

Article 30
Any statement, testimony, or confession obtained from an accused or of another person by means of compulsion are invalid.
Confession to a crime is: a voluntary confession before an authorized court by an accused in a sound state of mind.

Article 31
Every person upon arrest can seek an advocate to defend his rights or to defend his case for which he is accused under the law.
The accused upon arrest has the right to be informed of the attributed accusation and to be summoned to the court within the limits determined by law.
In criminal cases, the state shall appoint an advocate for a destitute.
The duties and authorities of advocates shall be regulated by law.

Article 32
Being in debt does not limit a person's freedom or deprive him of his liberties.

The mode and means of recovering a debt shall be regulated by law.

Article 33
The citizens of Afghanistan have the right to elect and be elected.
Law regulates the conditions and means to exercise this right.

Article 34
Freedom of expression is inviolable.
Every Afghan has the right to express his thought through speech, writing, or illustration or other means, by observing the provisions stated in this Constitution.

Every Afghan has the right to print or publish topics without prior submission to the state authorities in accordance with the law.

The law will regulate directives related to printing house, radio, television, press, and other mass media.

Article 35
The citizens of Afghanistan have the right to form social organizations for the purpose of securing material or spiritual aims in accordance with the provisions of the law.

The citizens of Afghanistan have the right to form political parties in accordance with the provisions of the law, provided that:
1. The program and charter of the party are not contrary to the principles of sacred religion of Islam, and the provisions and values of this Constitution. 2. The organizational structure and financial sources of the party are made public. 3. The party does not have military or paramilitary aims and structures. 4. Should have no affiliation to a foreign political party or sources.

Formation and functioning of a party based on ethnicity, language, religion and region is not permissible.

A party set up in accordance with provisions of the law shall not be dissolved without lawful reasons and the decision of an authorized court.

Article 36
The citizens of Afghanistan have the right to un-armed demonstrations, for legitimate peaceful purposes.

Article 37
Confidentiality and freedom of correspondence and communication whether in the form of letters or through telephone, telegraph and other means, are immune from invasion.
The state does not have the right to inspect personal correspondence and communication unless authorized by the provisions of law.

Article 38
A person's residence is immune from invasion.
Other than the situations and methods indicated in the law, no one, including the state, are allowed to enter or inspect a private residence without prior permission of the resident or holding a court order.

In case of an evident crime, an official in-charge of the situation can enter or conduct a house search prior to the permission of the court.

The official involved in the situation is required to obtain a subsequent court order for the house search within the period indicated by law.

Article 39
Every Afghan has the right to travel or settle in any part of the country except in the regions forbidden by law.

Every Afghan has the right to travel abroad and return home in accordance with the provisions of law.

The state shall protect the rights of the citizens of Afghanistan abroad.

Article 40
Property is immune from invasion.
No person shall be forbidden from acquiring and making use of a property except within the limits of law.

No body's property shall be confiscated without the provisions of law and the order of an authorized court.

Acquisition of a person's property, in return for a prior and just compensation within the bounds of law, is permitted only for securing public interests in accordance with the provisions of law.
Inspection and disclosure of a private property are carried out only in accordance with the provisions of law.

Article 41
Foreign individuals do not have the right to own immovable property in Afghanistan.
Lease of immovable property for the purpose of investment is permissible in accord with law.
The sale of estates to diplomatic missions of foreign countries and to those international agencies, of which Afghanistan is a member, is permissible in accordance with the provisions of law.

Article 42
Every Afghan is obligated to pay taxes and duties to the government in accordance with the provisions of law.

No taxes and duties are enforced without provisions of law.
The rate of taxes and duties and the method of payment are determined by law on the basis of observing social justice.

This provision is also applied to foreign individuals and agencies.
Every kind of tax, duties, and incomes collected, shall be delivered to the State account.

Article 43
Education is the right of all citizens of Afghanistan, which shall be provided up to secondary level, free of charge by the state.

The state is obliged to devise and implement effective programs for a balanced expansion of education all over Afghanistan, and to provide compulsory intermediate level education.
The state is also required to provide the opportunity to teach native languages in the areas where they are spoken.

Article 44
The state shall devise and implement effective programs for balancing and promoting of education for women, improving of education of nomads and elimination of illiteracy in the country.

Article 45
The state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles, and develops the curriculum of religious subjects on the basis of the Islamic sects existing in Afghanistan.

Article 46
Establishing and operating of higher, general and vocational education are the duties of the state.

The citizens of Afghanistan also can establish higher, general, and vocational private educational institutions and literacy courses with the permission of the state.

The state can also permit foreign persons to set up higher, general and vocational educational private institutes in accordance with the law.

The conditions for admission to state higher education institutions and other related matters to be regulated by the law.

Article 47
The state shall devise effective programs for the promotion of science, culture, literature and the arts.

The state guarantees the rights of authors, inventors, and discoverers, and encourages and supports scientific researches in all areas, and publicizes the effective use of their results in accordance with the law.

Article 48
Work is the right of every Afghan.
Working hours, paid holidays, right of employment and employee, and other related affairs are regulated by law.
Choice of occupation and craft is free within the limits of law.

Article 49
Forced labor is forbidden.

Forced labor, in times of war, calamity, and other situations threatening lives and public welfare are exceptions to this rule.
Children shall not be subjected to the force labor.

Article 50
The state is obliged to adopt necessary measures for creation of a strong and sound administration and realization of reforms in the administration system of the country.

Government offices are bound to carry their work with full neutrality and incompliance with the provisions of law.

The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law.
This rights has no limits, unless violation of the rights of the others.
The citizens of Afghanistan are employed for state services on the basis of qualification without any kind of discrimination and in accordance with law.

Article 51
Any person suffering undue harm by government action is entitled to compensation, which he can claim by appealing to court.
With the exception of situation stated in the law, the state cannot claim its right without the order of an authorized court.

Article 52
The state is obliged to provide the means of preventive health care and medical treatment, and proper health facilities to all citizens of Afghanistan in accordance with.
The state encourages and protects the establishment and expansion of private medical services and health centers in accordance with law.
The state in order to promote physical education and improve national and local sports adopts necessary measures.

Article 53
The state takes necessary measures for regulating medical services and financial support to descendants of martyred, lost or disabled and handicapped individuals in accordance with Law.
The state guarantees the rights of pensioners and renders necessary assistance to needy elders, women without caretakers, and needy orphans in accordance with the law.

Article 54
Family is a fundamental unit of society and is supported by the state.
The state adopts necessary measures to ensure physical and psychological well being of family, especially of child and mother, upbringing of children and the elimination of traditions contrary to the principles of sacred religion of Islam.

Article 55
The defense of the country is the responsibility of all citizens of Afghanistan.
The conditions for military services are regulated by law.

Article 56
Observing the provisions of the Constitution, obeying the laws, adhering to public law and order are the duties of all people of Afghanistan.
Ignorance about the provisions of law is not considered an excuse.

Article 57
The state guarantees the rights and liberties of the foreign citizens residing in Afghanistan in accordance with the law.
Theses people are obliged to observe the laws of the state of Afghanistan in accordance with the International Law.

Article 58
The State, for the purpose of monitoring, observation of human rights in Afghanistan their protection, shall establish the Independent Human Rights Commission of Afghanistan.

Everyone in case of violation of his fundamental rights can launch complaint to this Commission.
The commission can refer the cases of violation of the fundamental rights of the persons to the legal authorities, and assist them defending their rights.

Structure and mode of function of this Commission will be regulated by law.

Article 59
No one can misuse the rights and freedoms under this Constitution against independence, territorial integrity, national unity, sovereignty and national unity.
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