Right to Security

Right to Security

- Constitution of Haiti

Right to Security

Section J
Right to Security
Article 41:

No person of Haitian nationality may be deported or forced to leave the national territory for any reason. No one may be deprived for political reasons of his legal capacity and his nationality.

Article 41-1:

No Haitian needs a visa to leave or return to the country.

Article 42:

No citizen, whether civilian or military, may be denied access to the courts open to him under the Constitution and the laws.

Article 42-1:

Military personnel accused of the crime of high treason against the country shall be tried in a court of ordinary law.

Article 42-2:

Military courts have jurisdiction only:

a. In the case of violation by military personnel of regulations in the Manual of Military Justice;

b. In the case of conflicts between members of the armed forces;

c. In the case of war.

Article 42-3:

Cases of conflicts between civilians and military personnel, abuses, violence and crimes perpetrated against a civilian by a member of the military in the performance of his duties are under the jurisdiction of courts for ordinary law.

Article 43:

No house search or seizure of papers may take place except under the terms of the law and in the manner prescribed by it.

Article 44:

Persons detained temporarily awaiting trial must be held separately from those who are serving sentence.

Article 44-1:

Prisons must be operated in accordance with standards reflecting respect for human dignity according to the law on this subject.

Article 45:

No penalty may be established except by law nor applied except in cases that the law determines.

Article 46:

No own may be compelled in cases of crimes, minor offenses, or petty violations to bear witness against himself or his relatives up to the fourth degree of consanguinity or the second degree of affinity.

Article 47:

No one may be compelled to take an oath except in the cases and in the manner provided for by law.

Article 48:

The State shall see to it that a Civil Pension Retirement Fund is established in the public and private sectors. The fund shall receive contributions from employers and employees, in accordance with the criteria and in the manner established by law. The granting of a pension is a right and not a privilege.

Article 49:

Freedom and privacy of correspondence and any other forms of communication are inviolable. They may be limited only by a well-founded judicial ruling, according to the guarantees by law.

Article 50:

Under the Constitution and the law, a jury is established in criminal cases for violent crimes and political offenses.

Article 51:

The law may not be made retroactive except in criminal cases when it favors the accused.

Constitution of Haiti

Republic of Haiti
Haitian Nationality
Nature of the Citizenship
Basic Rights
Right to life and Health
Individual Liberty
Freedom of Expression
Freedom of Conscience
Freedom of assembly and Association
Education and Teaching
Freedom to Work
Right to Information
Right to Security
Duties of the Citizen
National Sovereignty
Territorial Divisions And Decentralization
Communal Sections
Delegates and Vice Presidents
Interdepartamental Council
Legislative Branch
House of Deputies
National Assembly
Exercise of Legislative Power
Executive Branch
President of the Republic
Duties of the President of the Republic
Powers of The Prime Minister
Ministers and Secretaries of State
High Court of Justice
Independent Institutions
Permanent Electoral Council
Superior Court of Auditors
Conciliation Comission
Protection of Citizens
University Academy Culture
Public Finance
Civil Service
Economics and Agriculture
Armed Forces and the Police Force
Armed Forces
Police Forces
General Provisions
Amendments to the Constitution
Temporary Provisions
Final Provisions
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