01/12/2024
The Bolivarian Republic of Venezuela
Preamble
The people of Venezuela, exercising their powers of creation and invoking the protection of God, the historic example of our Liberator Simon Bolivar and the heroism and sacrifice of our aboriginal ancestors and the forerunners and founders of a free and sovereign nation; to the supreme end of reshaping the Republic to establish a democratic, participatory and self reliant, multiethnic and multicultural society in a just, federal and decentralized State that embodies the values of freedom, independence, peace, solidarity, the common good, the nation's territorial integrity, comity and the rule of law for this and future generations; guarantees the right to life, work, learning, education, social justice and equality, without discrimination or subordination of any kind; promotes peaceful cooperation among nations and furthers and strengthens Latin American integration in accordance with the principle of nonintervention and national self-determination of the people, the universal and indivisible guarantee of human rights, the democratization of imitational society, nuclear disarmament, ecological balance and environmental resources as the common and inalienable heritage of humanity; exercising their innate power through their representatives comprising the National Constituent Assembly, by their freely cast vote and in a democratic Referendum, hereby ordain the following:
Excerpts from:
The Constitution of the Bolivarian Republic of Venezuela
Title III
Duties, Human Rights and Guarantees
Chapter I
General Provisions
Article 19: The State shall guarantee to every individual, in accordance with the progressive principle and without discrimination of any kind, not renounceable, indivisible and interdependent enjoyment and exercise of human rights. Respect for and the guaranteeing of these rights is obligatory for the organs of Public Power, in accordance with the Constitution, the human rights treaties signed and ratified by the Republic and any laws developing the same.
Article 20: Everyone has the right to the free development of his or her own personality, subject only to the limitations deriving from the rights of others and public and social order.
Article 21: Al persons are equal before the law, and, consequently:
1.-No discrimination based on race, s*x, creed or social standing shall be permitted, nor, in general, any discrimination with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on equal terms, of the rights and liberties of every individual.
2.-The law shall guarantee legal and administrative conditions such as to make equality before the law real and effective manner; shall adopt affirmative measures for the benefit of any group that is discriminated against, marginalized or vulnerable; shall protect in particular those persons who, because of any of the aforementioned circumstances, are in a manifestly weak position; and shall punish those who abuse or mistreat such persons.
3.-People will only be officially addressed as Citizens, except for diplomatic forms.
4.-No titles of nobility or hereditary distinctions shall be recognized.
Article 22: The recitation of rights and guarantees contained in this Constitution and in international instruments concerning human rights are not to be understood as negating others inherent to individuals, not expressly mentioned in such recitation. The absence of a law regulating these rights shall not adversely affect the exercise thereof.
Article 23: The treaties, pacts and conventions relating human rights which have been executed and ratified by Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions concerning the enjoyment and exercise of such rights that are more favorable than those established by this Constitution arid the laws of the Republic, and shall be immediately and directly applied by the courts and other organs of the Public Power.
Article 24: No legislative provision shall have retroactive effect, except where it imposes a lesser penalty. Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however, in criminal proceedings, evidence already admit ted shall be weighed in accordance with the laws that were in effect when the evidence was admitted, insofar as this benefits the defendant.
When there are doubts as to the rule of law that is to be applied, the most beneficial to the defendant will prevail.
Article 25: Any act on the part of the Public Power that violates or encroaches upon the rights guaranteed by this Constitution and by law is null and void, and the public employees* ordering or implementing the same shall incur criminal, civil and administrative liability, as applicable in each case, with no defense on grounds of having followed the orders of a superior. Article 26: Everyone has the right to access the organs comprising the justice system for the purpose of enforcing his or her rights and interests, including those of a collective or diffuse nature to the effective protection of the aforementioned and to obtain the corresponding prompt decision.
The State guarantees justice that is free of charge, accessible, impartial, suitable, transparent, autonomous, independent, responsible, equitable and expeditious, without undue delays, superfluous formalities or useless reinstating.
Article 27: Everyone has the right to be protected by the courts in the enjoyment and exercise of constitutional rights and guarantees, including even those inherent individual rights not expressly mentioned in this Constitution or in international instruments concerning human rights.
Proceedings on a claim for constitutional protection shall be oral, public, brief, free of charge and unencumbered by formalities, and the competent judge shall have the power to restore immediately the legal situation infringed upon or the closest possible equivalent thereto. All time shall be available for the holding of such proceedings, and the court shall give constitutional claims priority over any other matters.
The action for the protection of liberty or safety, may be exercised by any person and the physical custody of the person of the detainee shall be transferred immediately to the court, without delay.
The exercise of this right shall not be affected in any way by the declaration of a state of exception or restriction of constitutional guarantees.
Article 28: Anyone has the right of access to the information and data concerning him or her or his or her goods which are contained in official or private records, with such exceptions as may be established by law, as well as what use is being made of the same and the purpose thereof, and to petition the court of competent competence for the updating, correction or destruction of any records that are erroneous or unlawfully affect the petitioner's right. He or she may, as well, access documents of any nature containing information of interest to communities or group of persons. The foregoing is without prejudice to the confidentiality of sources from which information is received b journalist, or secrecy in other professions as may be determined by law.
Article 29: The State is obliged to investigate and legally punish offenses against human rights committed by its authorities.
Actions to punish the offense of violating humanity rights, serious violations of human rights and war crimes shall not be subject to statute of limitation. Human rights violations and the offense of violating humanity rights shall be investigated and adjudicated by the courts of ordinary competence. These offenses are excluded from any benefit that might render the offenders immune from punishment, including pardons and amnesty.
Article 30: The State has the obligation to make full reparations to the victims of human rights violations for which it may be held responsible, and to the legal successors to such victims, including payment of damages.
The State shall adopt the necessary legislative measures and measures of other nature to implement the reparations and damage compensation provided for under this article.
The State shall protect the victims of ordinary crimes and endeavor to make the guilty parties provide reparations for the inflicted damages.
Article 31: Everyone has the right, on the terms established by the human rights treaties, pacts and conventions ratified by the Republic, to address petitions and complaints to the intentional organs created for such purpose, in order to ask for protection of his or her human rights.
The State shall adopt, in accordance with the procedures established under this Constitution and by the law, such measures as may be necessary to enforce the decisions emanating from international organs as provided for under this article.
Chapter II
Nationality and Citizenship
Section One: Nationality
Article 32: Are Venezuelans by birth:
(1) Any person who was born within the territory of the Republic.
(2) Any person who was born in a foreign territory, and is the child of a father and mother who are both Venezuelans by birth.
(3) Any person who was born in a foreign territory, and is the child of a father or a mother, who is Venezuelan by birth, provided they have established residence within the territory of the Republic or declared their intention to obtain the Venezuelan nationality.
(4) Any person who was born in a foreign territory, and is the child of a father or a mother who is Venezuelan by naturalization, provided that prior to reaching the age of 18, they establish their residence within the territory of the Republic, and before reaching the age of 25 declare their intention to obtain the Venezuelan nationality.
(1) No person shall be arrested or detained except by virtue of a court order, unless such person is caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of his or her arrest. He or she shall remain free during trial, except for reasons determined by law and assessed by the judge on a case-by-case basis.
(2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
(3) Any person under arrest has the right to communicate immediately with members of his or her family, an attorney or any other person in whom he or she reposes trust, and such persons in turn have the right to be informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a written record inserted into the case file concerning the physical or mental condition of the detainee, either by himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every arrest made, including the identity of the person arrested, the place, time, circumstances and the officers who made the arrest.
(4) In the case of the arrest of foreign nationals, applicable provisions of international treaties concerning consular notification shall also be observed.
(5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
(6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
(7) No person shall remain under arrest after a release order has been issued by the competent authority or such person's sentence has been served.
(1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State has the right to rehabilitation.
(2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
(3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or laboratory examinations, except when such person's life is in danger, or in any other circumstances as may be detained by law.
(4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental suffering on any person or instigates or tolerates such treatment, shall be punished* in accordance with law.
(1) Legal assistance and defense are inviolable rights at all stages and levels during the investigation and proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right to appeal, except in the cases established by this Constitution and by the law.
(2) Any person shall be presumed innocent until proven otherwise.
(3) Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such reasonable time limit as may be legally detained, by a competent, independent and impartial court established in advance. Anyone who does not speak Spanish or is unable to communicate verbally is entitled to an interpreter.
(4) Every person has the right to be judged by his or her natural judges of ordinary or special competence, with the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the identity of the party judging him or her, nor be adjudged by exceptional courts or commissions created for such purpose.
(5) No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner, or any other relative within the fourth degree of consanguinity or the second degree of affinity.
(1) A confession shall be valid only if given without coercion of any kind.
(6) No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or infraction.
(7) No person shall be placed on trial based on the same facts for which such person has been judged previously.
(8) Every person shall request from the State the restoration or remediation of a legal situation adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is without prejudice to the right of the individual to seek to hold the magistrate or judge personally liable, and that of the State to take action against the same.