General Principles of Human Rights

- Constitution of Somalia

Title One:General Principles Of Human Rights

Article 10. Human Dignity

(1) Human dignity is given by God to every human being, and this is the basis for all human rights.

(2) Human dignity is inviolable and must be protected by all.

(3) State power must not be exercised in a manner that violates human dignity.

Article 11. Equality

(1) All citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect shall have equal rights and duties before the law.

(2) Discrimination is deemed to occur if the effect of an action impairs or restricts a person’s rights, even if the actor did not intend this effect.

(3) Government must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity, culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth.

(4) All government programs, such as laws, or political and administrative actions that are designed to achieve full equality for individuals or groups who are disadvantaged, or who have suffered from discrimination in the past, shall not be deemed to be discriminatory.

Article 12. Application of the Fundamental Rights

(1) The fundamental rights and freedoms recognized in this Chapter shall always be respected in the making and application of the law. Likewise, they must be respected by all individuals and private organisations, as well as by every state institution and state official as they carry out their official functions.

(2) It is the responsibility of the state not only to ensure it does not violate rights through its actions, but also to take reasonable steps to protect the rights of the people from abuse by others.

(3) The rights recognized in this Chapter may be limited only by a law as provided for in Article 38.