FUNDAMENTAL RIGHTS AND DUTIES OF MAN

TITLE I  (Right to Liberty)

Article 16 Right to Life and to Personal Integrity
1. Every person shall have the right to life and to personal integrity.
2. Arbitrary limits to such rights may not be established.
3. The law may prescribe the death penalty only for the most serious crimes against human life or the personality of the State.  

Article 17 Personal Liberty
1. Every person shall have the right to personal liberty.
2. Subjection to any form of slavery or servitude shall be punishable as a crime.
3. No person shall be liable to any form of detention or other restriction of personal liberty except when apprehended in flagrante delicto or pursuant to an act of the competent judicial authority, stating the grounds thereof, in the cases and in the manner prescribed by law.
4. In cases of urgent necessity, expressly defined by law, the competent administrative authority may adopt provisional measures which  shall be communicated without delay to the competent judicial authority and confirmed by it within the time and in the manner prescribed by law, failing which such measures shall be deemed to have been revoked and shall be void.
5. In each case of detention or other restriction of personal liberty, the reasons for the measure shall be communicated to the person concerned without delay.
6. No person shall be subjected to security measures except in the cases and in the manner prescribed by law and pursuant to an act of the competent authority, stating the grounds thereof.
7. No person shall be subjected to inspection or personal search except in the cases and under the provisions laid down in paragraphs 3, 4 and 5, and in other cases as prescribed by law for, judicial, sanitary or fiscal reasons, and in the manner prescribed therefor. In every case, the se1f-respect and moral dignity of the person concerned must be preserved.

Article 18 Guarantees in Cases of Restriction of Personal Liberty
Any physical or moral violence against a person subject to restriction of personal liberty shall be punishable as a crime.

Article 19 Extradition and Political Asylum
1. Extradition may be granted only in the cases and in the manner prescribed by law, subject, in all cases, to priori international convention.
2. No person may be subjected to extradition for political offences.
3. Any alien prosecuted in his own country for political offences shall have the right to asylum in the territory of the State in the cases and under the conditions provided by law.

Article 20 Limits to Personal Service and Property Levy
No personal service or property levy may be imposed save in accordance with law.

Article 21 Freedom of Domicile
1. Every person shall the right to the inviolability of his domicile.
2. No inspection, search or seizure shall be carried out in the domicile or in any other place reserved for personal use except in the cases and under the provisions laid down in paragraphs 3, 4 and 5 of Article 17 and in other cases as prescribed by law for judicial purposes, and in the manner prescribed therefor.

Article 22 Freedom of Correspondence
1. Every person shall have the right to freedom and secrecy of written correspondence and of any other means of communication.
2. Limitations thereon may be imposed only in the cases and under the provisions laid down in paragraphs 3, 4 and 5 of Article 17 and in other cases as prescribed by law for judicial purposes, and in the manner prescribed therefor.

Article 23 Social Equality
All persons are equal in social dignity

Article 24 Property
1. The right to own property shall be guaranteed by law, which shall define the modes of acquisition and the limits of the enjoyment thereof £or the purpose of ensuring its social function.
2. Property may be expropriated only for reasons of public interest and in the manner prescribed by law, in exchange for equitable and timely compensation.

Article 25 Freedom of Assembly .
1. Every person shall have the right to assemble in a peaceful manner for a peaceful purpose.
2. The law may provide that previous notice of public meetings be given to the authorities. Meetings may be forbidden only for reasons of public health, safety, morality, order or security.

Article 26 Freedom of Association
1. Every person shall have the right freely to form associations without authorization.
2. No person may be compelled to join an association of any kind or to continue to belong to it.
3. Secret associations or those having an organization of military character shall be prohibited.

Article 27 Right to Strike
1. The right to strike is recognized and may be exercised within the limits prescribed by law. Any act tending to discriminate against, or to restrict, the free exercise of trade union rights shall be prohibited.

Article 28 Freedom of Opinion
1. Every person shall have the right freely to express his own opinion in any manner, subject to any limitations which may be prescribed by law for the purpose of safeguarding morals and public security.
2. Expressions of opinion may not be subject, to prior authorization or censorship.

Article 29 Freedom of Religion
Every person shall have the right to freedom of conscience and freely to profess his own religion and to worship it subject to any limitations which may be prescribed by law for the purpose of safeguarding morals, public health or order. However, it shall not be permissible to spread or propagandize any religion other than the religion of Islam(*). [Note (*): As amended by law No. 16 of 29 June 1963]

Article 30 Personal Status
1. Every person shall have the right to a personal status in accordance with his respective laws or customs.
2. The personal status of Muslims is governed by the general principles of the Islamic Sharia.

TITLE II  (Social Rights)

Article 31 Protection of the Family
1. The family based on marriage, as being the fundamental element of  society, shall be protected by the State.
2 Parents shall provide for the support, education and instruction of their children, as required by law.
3. The law shall provide for the fulfillment of the obligations set out in the preceding paragraph in case of death of the parents and whenever, by reason of incapacity or otherwise, the parents do not perform them.
4. Children who are full age shall be obliged to support their parents when the latter are unable to provide for themselves.
5. The State shall protect motherhood and childhood and encourage the institutions necessary for this purpose.
6. The State shall recognize the protection of children of unknown parents as its duty.

Article 32 Welfare Institutions
The State shall promote and encourage the creation of welfare institutions for physically handicapped persons and abandoned children.

Article 33 Protection of Public Health
The State shall protect public health and promote free medical assistance for indigent persons.

Article 34 Safeguarding of Public Morality
The State shall safeguard public morality in the manner prescribed by law.

Article 35 Education
1. The State shall encourage education, as being a fundamental interest of the community, and provide for the creation of State schools open to all.
2. Primary education in public schools shall be free.
3. Freedom of teaching shall be guaranteed by law.
4. Organizations and individuals shall have the right to establish, in accordance with law and without financial support from the State, schools and educational institutions.
5. Private schools and educational institutions may have a parity of status with State schools and institutions under the conditions laid down by law.
6. Teaching of Islam shall be compulsory for pupils of Islamic faith in primary and secondary State schools and in schools having a parity of status. Teaching of Holy Koran shall be a fundamental element in primary  and secondary State schools for Muslims.
7. Institutes of higher education shall have, their own organization within the limits prescribed by law.

Article 36 Protection of Labour
1. The State shall protect labour and encourage it in all its forms and applications.
2. Forced and compulsory labour of any kind shall be prohibited. The cases in which labour may be ordered for military or civil necessity or pursuant to a penal conviction shall be pre-scribed by law.
3. Every worker shall have the right to receive, without any discrimination, equal pay for work of equal value, so as to ensure an existence consistent with human dignity.
4. Every worker shall have the right to a weekly rest and annual leave with pay; he shall not be compelled to renounce it.
5. The law shall establish the maximum working hours and the minimum age for the various types of work and shall ensure that minors and women work only under suitable conditions. .
6. The State shall protect the physical and moral integrity of the workers.

Article 37 Social Security and Assistance
1. The State shall promote social security and assistance by law.
2. The State shall guarantee to its civil and military employees the right to pension; it also shall guarantee in accordance with law, assistance in case of accident, illness or incapacity for work.

TITLE III  (Judicial Guarantees)

Article 38 Right to Institute Legal Proceedings
Every person shall have the right to institute legal proceedings, under conditions of full equality, before a lawfully constituted court.

Article 39 Protection against Acts of the Public Administration
Judicial protection against acts of the public administration shall be allowed in all cases, in the manner and with the effects prescribed by law.

Article 40 Civil Liability of the State for the Acts of its Officials and Employees
1. Whoever suffers damages from acts or omissions in violation of his rights by officials or employees of the State or of public bodies in the performance of their duties, shall have the right to obtain compensation from the State or the public bodies concerned.
2. The penal, civil and administrative liability of officials and employees for the acts or omissions referred to in the preceding paragraph shall be governed by law.

Article 41 Right of Defence
1. The right of defence shall be allowed at every stage of legal proceedings.
2. The State shall guarantee, under the conditions and in the manner prescribed by law, free legal aid to the poor.

Article 42 Non-retroactive Nature of Penal Law
No person may be convicted for an act which was not punishable as an offence under the law in force at the time when it was committed; nor may a heavier punishment be imposed than the one applicable at that time.

Article 43 Penal Liability
1. Penal liabilities shall be personal. Any ind of collective punishment shall be forbidden.
2. The accused shall be presumed innocent until the conviction has become final.

Article 44 Social Purpose of Punishment
Punishments restrictive of personal liberty shall not consist of treatment contrary to feelings of humanity or be such as to obstruct the moral rehabilitation of the convicted person.

Article 45 Enforcement of Punishments
Supervision over the enforcement of punishment and security measures shall be exercised by the competent court in accordance with law.

Article 46 Redress of Judicial Errors
The conditions and the procedure for the redress of -judicial errors shall be prescribed by law.

TITLE IV  (Duties Towards the State)

Article 47 Duty to Observe the Constitution and the Laws
Every person shall loyally observe the Constitution and the laws of the State.

Article 48 Duty to Pay Taxes
1. Every person shall contribute to public expenditure according to his capacity to pay.
2. A system of taxation based on principles of social justice shall be established by law.