Concerning the Individual and Society


The Democratic Constituent Congress, calling upon Almighty God, obeying the will of the Peruvian people, and commemorating the sacrifice of all of our nation's preceding generations, has resolved to enact the following Constitution:

Chapter I  Fundamental Rights of the Individual

Article 1
The protection of the individual and respect for his dignity are the supreme goal of society and the government.

Article 2
Every individual has the right:
1. to life, his identity, his physical, psychological, and moral integrity, and his free fulfillment and well-being. Such rights exist from the time of conception in all ways that are beneficial.

2. to equality before the law. No one may be discriminated against because of his origin, race, sex, language, religion, opinion, economic status, or any other reason.

3. to freedom of conscience and religion, individually or as a member of a group. No one may be persecuted for his ideas or beliefs. There is no such thing as a crime of opinion--No restriction may be placed on the public expression of one's beliefs provided such expression does not constitute an offense against morals or a disturbance of the peace.

4. to freedom of information, opinion, expression, and the dissemination of thought through the spoken or written word or in images, by any means of social communication, and without previous authorization, censorship, or impediment whatsoever, in accordance with the law.  Crimes committed by means of books, the press, or other media of social communication are outlined in the Penal Code and will be tried in a court of law. Any action that suspends or closes any organ of expression or prevents its free circulation also constitutes a crime. The right to inform and express opinions includes the right to found means of communication.

5. to request without being required to show cause and to receive from any public entity any information that is required, within the time legally specified and at cost. Exception is hereby made of information affecting personal privacy and that expressly excluded by law for reasons of national security. Banking secrecy and confidentiality concerning taxes may only be lifted at the request of a judge, the prosecutor general, or a congressional investigative commission in accordance with the law and provided that such information relates to the case.

6. to assurance that information services, whether or not they are computerized, public or private, will not release information affecting one's personal and family privacy.

7. to his honor and good reputation, personal and family privacy, and his own voice and image. Any person affected by inaccurate or injurious statements contained in any medium of social communication has the right to demand correction free of charge immediately and proportionate to the wrong, other legal responsibilities notwithstanding.

8. to freedom of intellectual, artistic, technical, and scientific creation, as well as ownership of such creations and the profits derived therefrom. The government provides access to culture and promotes its development and dissemination.

9. the inviolability of his home. No one may enter the home or conduct any investigation or search without authorization from the inhabitant or a court warrant except in the case of flagrante delicto or very grave danger of the same. Exceptions for reasons of health or serious risk are governed by law.

10. to the inviolability and secrecy of private documents and communications. Communications, telecommunications, or documents stemming therefrom may only be opened, seized, intercepted, or tapped with a bench warrant and all the guarantees set forth by law. Confidentiality must be maintained regarding all matters not related to the cause of the search. Private documents obtained in violation of this precept are legally inadmissible. Books, receipts. and accounting and administrative documents are subject to inspection or auditing by the proper authorities in accordance with the law. Any action taken involving them may not include their removal or seizure without a court order.

11. to choose his place of residence. to travel throughout the national territory and to leave and enter it, except in the case of restrictions for reasons of health or with a legal warrant or in application of the law governing aliens.

12. to assemble peacefully without arms. Meetings on private premises or those open to the public require no previous notice. Those held in public squares and thoroughfares require advance notification of authorities, who may prohibit them solely for demonstrated reasons of public health or safety.

13. to form associations and establish foundations and various forms of legal organization for nonprofit purposes with no previous authorization and in accordance with the law. Such organizations may not be dissolved by an administrative resolution.

14. to make legal contracts provided they do not violate laws governing the public order.

15. to work freely, in accordance with the law.

16. to own and inherit property.

17. to participate, individually or as a member of an organization, in the political, economic, social. and cultural life of the nation. In accordance with the law, citizens have the right to elect. remove or recall officials by a legislative initiative or referendum.

18. to keep his political, philosophical, religious, or any other type of convictions private and to maintain professional confidentiality.

19. to his ethnic and cultural identity. The government recognizes and protects the ethnic and cultural plurality of the nation. Any Peruvian unable to express himself in Spanish has the right to use his own language before any authority through an interpreter. Foreigners enjoy the same right when summoned before any authority.

20. to submit petitions in writing, individually or collectively, to the proper authorities, who are required to respond to the parry in question, also in writing, within tile legally prescribed time and who may be held liable. Members of the Armed Forces and National Police may only exercise the right of petition individually.

21. to his nationality. No one may be deprived of it. Nor may any individual be deprived of the right to obtain or renew his passport inside or outside the national territory.

22. to peace. tranquillity. enjoyment of leisure time and rest, as well as to a balanced and suitable environment within which he may conduct his life.

23. to self-defense.

24. to personal freedom and security. Consequently:
  1. No one may be required to do anything not ordered by law or prevented from doing what the law does not prohibit.
  2. No restriction whatsoever may be placed on personal freedom except where prescribed by law. Slavery, servitude. and trading in human beings in any form are prohibited.
  3. No one may be imprisoned for debts. This principle does not restrict court orders for failure to provide food.
  4. No one may be tried or convicted for an act or omission which, when committed, was not previously classified by law, expressly and unequivocally, as a punishable offense, or be given a penalty not provided for by-law.
  5. Every person is considered innocent until proven guilty in a court of law.
  6. No one may be arrested without a written warrant issued by a judge for cause or by police authorities in cases of flagrante delicto. The individual placed under arrest must be turned over to the proper court within 24 hours or within the time needed to travel a given distance. Exception is made in the case of terrorism. espionage, and illegal drug trafficking. In such cases. police officials may make a preventive arrest of those presumed to be involved for a period not to exceed two weeks. They must notify the Ministry of Justice and the judge. who may assume jurisdiction before that period of time expires.
  7. No one may be held incommunicado except when it is deemed indispensable in order to clear up a crime and, in that case, only in the manner and for the time prescribed by law. The authority is required to indicate, without delay and in writing. the place where the individual under arrest is being held.
  8. No one may be the victim of moral, physical. or psychological violence or be subjected to torture or inhumane or humiliating treatment, Anyone may immediately request a medical examination of the person wronged or prevented from appealing to the authorities himself. Statements obtained by violence are invalid. Anyone resorting to violence will be held liable.
Article 3
The enumeration of rights established in this chapter does not exclude any others guaranteed by the Constitution. those of an analogous nature or based on the dignity of man, the principles of the sovereignty of the people, the democratic state of law, and the republican form of government.

Chapter II  Social and Economic Rights

Article 4
The community and the government extend special protection to any abandoned child, adolescent, mother, or aged person. They also protect the family and promote marriage. They recognize the latter as natural, fundamental institutions of society. The form of marriage and grounds for separation and dissolution are governed by law.

Article 5
The stable union of a man and woman free of any matrimonial impediment who establish a home results in a joint estate to be governed by the system of community property insofar as it is applicable.

Article 6
It is the purpose of the national policy on population to encourage and promote responsible parenting by the father and mother. It recognizes the right of families and individuals to decide. The State therefore provides suitable education and information programs and access to the media, provided they do not harm life or health. It is the duty and right of parents to nourish, educate, and provide security for their children. just as children have the duty to respect and aid their parents. All children have equal rights and duties. Any mention of the civil status of the parents or the type of relationship of the children in civil records or any identification document is prohibited.

Article 7
Everyone has the right to protection of his health and of the family environment and community and a duty to contribute to the betterment and defense. Anyone unable to take care of himself because of a physical or mental deficiency has the fight to respect for his dignity and to a legal system of protection, care, rehabilitation, and security.

Article 8
The government fights and sanctions illegal drug trafficking. It also regulates the use of social evils.

Article 9
The government determines national health policy. The Executive Branch regulates and oversees its application. It is responsible for designing and directing it in a pluralistic, decentralizing manner in order to guarantee everyone equal access to health services.

Article 10
The government recognizes the universal and progressive right of every individual to social security for his protection from the contingencies defined by law and in order to improve his quality of life.

Article 11
The government guarantees free access to health care and retirement through public, private, or joint public-private agencies. It also oversees their efficient operation.

Article 12
Social security funds and reserves are intangible. Resources are used in the manner and within the framework of responsibility set forth by law.

Article 13
The purpose of education is the integral development of the human person. The government recognizes and guarantees free education. Parents have the duty to educate their children and the right to choose their schools and to participate in the educational process.

Article 14
Education promotes knowledge, apprenticeship and the practice of the humanities, science, technology, the arts, physical education, and sports. It prepares for life and work and promotes solidarity. It is the government's duty to promote the country's scientific and technological development. Ethical and civic training and the teaching of the Constitution and human rights are compulsory throughout the civilian or military educational process. Religious education is imparted with respect for freedom of conscience. Education is given at all levels in accordance with constitutional principles and for the purposes of the educational institution in question. The media of social communication must cooperate with the government with respect to education and moral and cultural training.

Article 15
Teaching in public schools is a public service career. The law sets forth the requirements for serving as a director or teacher in a school, as well as their rights and obligations. The government and society will ensure their continuing evaluation, training, professionalization, and advancement. The student has the right to an education that respects his identity and to proper physical and psychological treatment. Any individual or corporate entity has the right to promote and operate educational institutions and to transfer the ownership of such institutions in accordance with the law.

Article 16
Both the system of education and the regulations governing it are decentralized. The government coordinates education policy. It drafts the general guidelines of study programs. It oversees compliance with them and the quality of education. It is the duty of the government to ensure that no one is prevented from receiving an adequate education for reasons relating to his economic status or because of mental or physical limitations. Education enjoys priority in the allocation of regular funds budgeted by the government.

Article 17
Preschool, primary, and secondary education are compulsory. Education at public institutions is free. At public universities, the government guarantees a free education to students who continue to perform in a satisfactory manner and who do not have the economic resources needed to cover the cost of education. In order to guarantee the broadest choice in education and help those who cannot pay for their own education, the law sets forth the manner of subsidizing private education in any of its forms, including communal and cooperative. The government promotes the establishment of schools wherever the people need them. The government guarantees the eradication of illiteracy. It also promotes bilingual and intercultural education in accordance with the individual characteristics of each zone. It preserves the country's various cultural and linguistic manifestations. It promotes national integration.

Article 18
The purpose of a university education is professional training, the dissemination of culture, intellectual and artistic creativity, and research in science and technology. The government guarantees academic freedom and rejects intolerance. Universities are funded by private or public entities. The law establishes the terms for authorizing their operation. A university is a community comprised of the faculty, students. and alumni. The sponsors' representatives also participate in it, in accordance with the law. Every university is autonomous in terms of its regulations and system of academic, administrative, and economic government. Universities are governed by their own statutes in accordance with the Constitution and the law.

Article 19
Universities, institutes of higher education, and other educational establishments founded in accordance with the law are exempt from any tax, direct or indirect, levied on the assets, activities, and services relating to their educational and cultural purposes. In terms of import duties, a special system of allocation may be set up for specific assets. Donations and scholarships for educational purposes will be exempt from taxes and enjoy tax benefits in the manner and within the limitations prescribed by law. The law sets forth the tax provisions that will govern the institutions in question, as well as the requirements and terms to be met by cultural centers, which may, on an exceptional basis, enjoy the same benefits. Private educational institutions that generate revenue legally defined as profits may be subject to income taxes.

Article 20
Professional schools are autonomous institutions enjoying legal status. The law defines cases in which the formation of an association is required.

Article 21
Archeological fields and remains, constructions, monuments, collections, sites, art objects, tokens of historical value, expressly declared to be cultural assets and those provisionally presumed to be the same, are the cultural patrimony of the nation, independently of whether they are privately or publicly owned. They are protected by the government. The law guarantees ownership of this patrimony. In accordance with the law, it promotes private participation in its preservation, restoration, display, and dissemination, as well as its restitution if taken outside of the national territory illegally.

Article 22
Work is a right and duty. It is the very basis of social well-being and the means of individual fulfillment.

Article 23
Work in its various forms is a matter of prime concern to the government, which provides special protection for mothers, minors, and disabled persons. The government fosters conditions for social and economic progress, particularly through policies aimed at promoting productive employment and job training. No working relationship can limit the exercise of constitutional rights or fail to recognize or violate the dignity of workers. No one may be forced to work without pay or without his free consent.

Article 24
The worker has the right to fair and adequate pay that will provide material and spiritual well-being for him and his family. Payment of the worker's wages and social benefits has priority over any other obligation of the employer. Minimum wages are regulated by the government with the participation of organizations representing workers and employers.

Article 25
The regular work schedule is eight hours a day or 48 hours a week maximum. In the case of cumulative or atypical schedules, the average number of hours worked during an equivalent period may not exceed that maximum. Workers have the right to weekly and annual paid vacations. This benefit and compensation for it are regulated by law or agreements.

Article 26
The working relationship must respect the following principles:
1. equal opportunity and nondiscrimination;

2. the inalienability of rights recognized by the constitution and the law; and

3. in case of insurmountable doubt concerning the meaning of a regulation, interpretation in the worker's favor.

Article 27
The law grants the worker suitable protection against arbitrary dismissal.

Article 28
The government recognizes the right to form unions, to engage in collective bargaining, and to strike. It ensures their democratic exercise:
1. It guarantees trade union freedom.

2. It fosters collective bargaining and promotes the peaceful solution of labor disputes. Collective agreements are binding in the area for which they are made.

3. It regulates the right to strike so that it will be exercised in keeping with the social interest. It defines exceptions and limitations.

Article 29
The government recognizes the right of workers to participate in company profits and promotes other forms of participation.

Chapter III  Concerning Political Rights and Duties

Article 30
Peruvians over the age of 18 are citizens. In order to exercise their citizenship, they must register to vote.

Article 31
Citizens have the right to participate in public affairs through the referendum, legislative initiative, the recall or removal of officials, and the right to hold the latter accountable. They have the right to be elected and to elect their representatives freely in accordance with the conditions and procedures set forth by organic law. It is the right and duty of residents to participate in the municipal government in their jurisdiction. The law governs and fosters both direct and indirect mechanisms for their participation. Citizens have the right to vote by virtue of their legal status. Voting is personal, equal, free, secret, and compulsory up to the age of 70. It is optional thereafter. Any act prohibiting or restricting a citizen from exercising his rights is null and punishable by law.

Article 32
The following may be subject to a referendum:
1. total or partial reform of the constitution;

2. approval of norms having the force of law;

3. municipal ordinances; and

4. matters relating to the decentralization process.

Neither the elimination or curtailing of fundamental rights of the individual, nor tax and budget regulations, nor international treaties in effect may be subject to a referendum.

Article 33
The exercise of one's citizenship may be suspended by:
1. a legal resolution acting as a ban;

2. a ruling establishing the loss of freedom; and

3. a sentence entailing disqualification from political rights.

Article 34
Members of the Armed Forces and the National Police on active duty may not vote or be elected. No other disqualification exists or may be created.

Article 35
Citizens may exercise their rights individually or through political parties, movements, or alliances in accordance with the law. Such organizations help form and express the will of the people. Their registration in the proper district constitutes legal status. The law establishes standards aimed at ensuring the democratic operation of political parties and transparency regarding the source of their financial resources and access to the media owned by the government, proportionate to the results of the last general election.

Article 36
The government recognizes political asylum. It accepts the status extended by the government granting asylum. In the case of deportation, the individual granted asylum will not be turned over to the country whose government is pursuing him.

Article 37
Extradition may be granted only by the Executive Branch upon the recommendation of the Supreme Court, in compliance with the law and treaties and based on the principle of reciprocity. Extradition will not be granted when it is determined that. it is sought for the purpose of persecution or punishment based on re lion, nationality, opinions, or race. Those sought for political crimes or related acts will not be extradited. Acts of terrorism, mass murder, and genocide are not classified as such.

Article 38
All Peruvians have the duty to honor Peru and to protect its national interests, as well as to respect, obey, and defend the Constitution and the Nation's code of laws.

Chapter IV Concerning the Civil Service

Article 39
All public officials and government employees serve the Nation. The President of the Republic holds the highest office in the land, followed, in order by: members of Congress, Cabinet ministers, members of the Constitutional Court and the Council of the Magistracy, Supreme Court justices, the prosecutor general, and the public defender, who are of equal rank; and the representatives of decentralized organizations and mayors, according to the law.

Article 40
The law regulates entry into the administrative career and the fights, duties, and liability of public servants. The civil service does not include officials holding political posts or posts of trust. No official or public servant may hold more than one position or public post for pay, with the exception of one more per teaching position. Workers employed by government-owned enterprises or joint public and private ventures do not belong to the civil service. The income which high officials and other public servants named by law receive for any purpose must by reason of their post, be published periodically in the DIARIO OFICIAL.

Article 41
Officials and public servants stipulated by law or who administer or handle government funds or the funds of agencies funded by the government must make a sworn statement of their assets and income upon assuming office, during their term in office, and upon leaving office. Such information is published in the DIARIO OFICIAL in the manner and according to the terms set forth by law. When there is a presumption of illicit enrichment. the prosecutor general is required. as a result of reports from third parties or at the government's initiative, to file charges with the Judicial Branch. The law establishes the responsibility of officials and public servants, as well as the time they will remain ineligible for public office. The time of ineligibility is doubled in the case of crimes committed against government property.

Article 42
The right of public servants to form unions and strike is recognized. This right does not extend to government officials with decision-making powers, those who hold posts of trust or management, or members of the Armed Forces and the National Police.