RIGHTS AND DUTIES OF THE INDIVIDUAL
Each human being is sacred. The state shall have an absolute obligation to respect and to protect the individual. The full nurturing of each individual shall be guaranteed.
Each person shall have the right to life, health, security, physical well-being, education, and instruction according to conditions established by law.
No person shall be subjected to torture, slavery, cruelty or to cruel, inhuman or degrading treatment.
No person shall be required to carry out an obviously illegal order. The law shall determine what constitutes an obviously illegal order. Each individual and each agent of the state who is found guilty of acts of torture, cruelty, or cruel, inhuman or degrading treatment in the exercise of or in any way related to the exercise of his or her duties, whether under his or her own initiative or under instructions, shall be punished according to the law.
Each person shall have the right to full economic, intellectual, spiritual, cultural and religious development, as long as such development does not violate the rights of others or infringe on the constitutional or legal order or on good morality.
No one shall be arrested or incarcerated except under a law adopted previously in relation to the facts with which he or she is charged. No citizen shall be confined in exile or deported. Confinement in exile or deportation of any citizen shall be considered a crime against the nation and punishable by law.
No law or regulation shall be retroactive except where it concerns rights and benefits that can be conferred on the citizen.
Any persons accused of a felonious act shall be presumed innocent until his or her guilt is established legally, through a public process during which all necessary guarantees for his or her defence shall be assured. No person shall be condemned for the commission or omission of any act which, at the time when it was committed, did not constitute an infraction under national law. Likewise, no person shall be inflicted with any penalty stronger than that applicable at the time the infraction was committed.
Marriage and the family shall constitute the natural and moral basis of the human community. Both shall be under the protection of the state. The state and public entities shall have the power to oversee the physical, mental and moral well-being of the family, particularly mothers and infants.
Parents shall have the right and the duty to raise and educate their children. They shall be supported in this duty by the state and by public entities. Minors shall be protected by the state and public entities against exploitation and abandonment. The state shall safeguard aged persons. The state shall safeguard the equal opportunity of handicapped persons as far as their advancement and/or social reintegration is concerned. Moreover, the state shall safeguard the material and intellectual development of the youth. It shall safeguard the well-being of the people.
Every person's home shall be inviolable. Searches of residences, arrest or questioning can only be ordered under forms and conditions specified by law.
Each person shall have the right to own property. No person shall be deprived of his or her property except when needed for public use, and then only when compensated fairly in advance.
Secrecy of correspondence and communication shall be guaranteed under conditions defined by law.
Each person shall have the right to freedom of thought, opinion, expression, conscience, religion, and worship. The state shall guarantee the free exercise of worship and expression of beliefs. These rights shall be applicable in regard to public order, social tranquillity, and national unity.
The state shall recognise and guarantee freedom of movement, and freedoms of association, of assembly, of procession, and of demonstration, under conditions specified by law.
The state shall recognise the right of all citizens to work and to strive to create conditions which promote the enjoyment of this right and which guarantee to each worker fair compensation for his goods or services.
The state shall recognise and guarantee the right of labour to organise and to strike, according to conditions provided for by laws and regulations.
Each person shall have the right to a healthy environment. The state shall be charged with protecting the environment. Everyone shall be required to contribute to the protection and improvement of the environment in which he or she lives. The stockpiling, moving and evacuation of toxic wastes, whether pollutants from factories or from other industrial or crafts organisations situated on national property, shall be regulated by law. The transit, importation, stockpiling, burial, dumping of toxic wastes or foreign pollutants on national property, as well as any agreement relative thereto, shall constitute a crime against the nation, punishable by law.
The defence of the nation and of the integrity of the territory of the Republic shall be a sacred duty of all citizens of Niger. Military service is obligatory. Conditions for fulfilling this duty shall be determined by law.
Each citizen of Niger, whether civilian or in the military, shall have the sacred duty to respect the Constitution and the legal order of the Republic under all circumstances.
Each citizen shall have the duty to work for the common good, to fulfil civic and professional obligations, and to fulfil responsibilities involving fiscal contributions to the state.
Public assets shall be considered sacred and inviolable. Each person shall respect and protect them scrupulously. Any act of sabotage, vandalism, corruption, misappropriation, waste or illegal enrichment shall be restrained by law.
The state shall protect the rights and legitimate interests of citizens of Niger beyond its borders.
The state shall have the duty to ensure the translation into national languages, the spreading and teaching of the Constitution, as well as individual rights and fundamental liberties. A National Commission shall watch over the promotion and the effectiveness of the rights and liberties proclaimed above, and if need be, in accordance with international agreements signed by Niger. A law shall determine the organisation and functioning of the Commission.