Chapter Four

Human Rights and Freedoms

Articles 12 – 43

Rwanda's constitution is complete to read here. Narrated audio hasn't been recorded yet.

Article 12Right to life

(1)

Everyone has the right to life.

(2)

No one shall be arbitrarily deprived of his or her life.

Article 13Inviolability of the human person

(1)

The human person is sacred and inviolable.

(2)

The State has the obligation to have respect for, protect and defend the human person.

Article 14Right to physical and mental integrity

(1)

Every person has the right to physical and mental integrity.

(2)

No person shall be subjected to torture or to abuse or cruel, inhuman or degrading treatment.

(3)

No one shall be subjected to experimentation without his or her informed consent.

(4)

Modalities for informed consent to experimentation and for such experimentation are determined by legislation.

Article 15Equality before the law

(1)

All human beings are equal before the law. They enjoy equal protection of the law.

Article 16Protection from discrimination

(1)

All Rwandans are born and remain equal in rights and freedoms.

(2)

Any form of or propaganda for discrimination, including on the basis of ethnicity, family or descent, clan, skin colour, sex, region, social status, religion or belief, opinion, wealth, cultural differences, language, economic status, physical or mental disability or any other form of discrimination are prohibited and punishable by law.

Article 17Right to marry and found a family

(1)

The right to marry and found a family is guaranteed by law.

(2)

A civil monogamous marriage between a man and a woman is the only recognised marital union.

(3)

However, a monogamous marriage between a man and a woman contracted outside Rwanda in accordance with the law of the country of celebration of the marriage is recognised.

(4)

No one can enter into marriage without his or her free and full consent.

(5)

Spouses are entitled to equal rights and obligations at the time of marriage, during the marriage and at the time of divorce.

(6)

A law determines conditions, formalities and effects of marriage.

Article 18Protection of the family

(1)

The family, being the natural foundation of the Rwandan society, is protected by the State.

(2)

Both parents have the right and responsibility to raise their children.

(3)

The State puts in place appropriate legislation and organs for the protection of the family, particularly the child and mother, in order to ensure that the family flourishes.

Article 19Child’s right to protection

(1)

Every child has the right to measures of special protection by his or her family, other Rwandans and the State, depending on his or her age and living conditions, as provided for by national and international law.

Article 20Right to education

(1)

Every Rwandan has the right to education.

(2)

Freedom of learning and teaching is guaranteed in accordance with the conditions determined by law.

(3)

Primary education is compulsory and free in public schools.

(4)

Conditions for free primary education in schools subsidised by the Government are determined by a law.

(5)

A law determines the organisation of education.

Article 21Right to good health

(1)

All Rwandans have the right to good health.

Article 22Right to a clean environment

(1)

Everyone has the right to live in a clean and healthy environment.

Article 23Respect for privacy of a person and of family

(1)

The privacy of a person, his or her family, home or correspondence shall not be subjected to arbitrary interference; the person’s honour and dignity must be respected.

(2)

A person’s home is inviolable. It may not be searched or entered without the owner’s consent, except in circumstances and in accordance with procedures determined by the law.

(3)

Confidentiality of correspondence and communication shall not be breached except in circumstances and in accordance with procedures determined by the law.

Article 24Right to liberty and security of person

(1)

A person’s liberty and security are guaranteed by the State.

(2)

No one shall be subjected to prosecution, arrest, detention or punishment unless provided for by laws in force at the time the offence alleged against him or her was committed.

(3)

No one shall be subjected to security measures except as provided for by law and for reasons of public order or State security.

Article 25Right to a homeland and nationality

(1)

Every Rwandan has the right to his or her homeland. No Rwandan can be banished from his or her homeland.

(2)

Every Rwandan has the right to Rwandan nationality.

(3)

Dual nationality is permitted.

(4)

No one can be deprived of Rwandan nationality of origin.

(5)

All persons of Rwandan origin and their descendants are, upon request, entitled to Rwandan nationality.

(6)

An organic law governs Rwandan nationality.

Article 26Right to freedom of movement and residence

(1)

Every Rwandan has the right to freedom of movement and residence anywhere on the Rwandan territory.

(2)

Every Rwandan has the right to leave and return to Rwanda.

(3)

The right for a Rwandan to move freely and to reside anywhere in Rwanda and the right to leave and return to Rwanda may only be restricted by law for reasons of public order and of national security, in order to avert a public threat or to protect persons in danger.

Article 27Right to participate in the governance of the country and right of access to public service

(1)

All Rwandans have the right to participate in the governance of the country, either directly or through their freely chosen representatives, in accordance with the legislation.

(2)

All Rwandans have the right of equal access to the public service in accordance with their competence and abilities.

Article 28Right to seek asylum

(1)

The right to seek asylum is recognised under conditions determined by law.

Article 29Right to due process of law

(1)

Everyone has the right to due process of law, which includes the right: (a) to be informed of the nature and cause of charges and the right to defence and legal representation; (b) to be presumed innocent until proved guilty by a competent Court; (c) to appear before a competent Court; (d) not to be subjected to prosecution, arrest, detention or punishment on account of any act or omission which did not constitute an offence under national or international law at the time it was committed. Offences and their penalties are determined by law; (e) not to be held liable for an offence he or she did not commit; criminal liability is personal; (f) not to be punished for an offence with a penalty that is more severe than the penalty provided for by the law at the time that offence was committed; (g) not to be imprisoned merely on the ground of inability to fulfil a contractual obligation; (h) not to be prosecuted or punished for an offence which has reached its statute of limitations. However, the crime of genocide, crimes against humanity and war crimes are not subject to a statute of limitations. A law may determine other crimes which are not subject to a statute of limitations.

(2)

Rwanda cannot extradite any Rwandan to another country.

(3)

Extradition of foreigners is authorised only if it is in accordance with the law or international agreements to which Rwanda is a party.

Article 30Right to free choice of employment

(1)

Everyone has the right to free choice of employment.

(2)

All individuals, without any form of discrimination, have the right to equal pay for equal work.

Article 31Right to form trade unions and employers’ associations

(1)

The right to form trade unions for the defence and promotion of legitimate professional interests is recognised.

(2)

Every worker may defend his or her rights through a trade union in accordance with the law.

(3)

Every employer has the right to join an employers’ association.

Article 32Right to collective bargaining

(1)

Trade unions and employers’ associations have the right to engage in collective bargaining and may enter into general or specific agreements regulating their working relations. Modalities for making these agreements are determined by law.

Article 33Right to strike

(1)

The right of workers to strike is permitted and is exercised within the limits provided for by the law. This right shall not be exercised in a manner that infringes upon somebody else’s freedom at work, which is guaranteed to everyone.

Article 34Right to private property

(1)

Everyone has the right to private property, whether individually or collectively owned.

(2)

Private property, whether owned individually or collectively, is inviolable.

(3)

The right to property shall not be encroached upon except in public interest and in accordance with the provisions of the law.

Article 35Right to private ownership of land

(1)

Private ownership of land and other rights related to land are granted by the State.

(2)

A law determines modalities of concession, transfer and use of land.

Article 36Right to activities promoting national culture

(1)

Every Rwandan has the right to activities that promote national culture and duty to promote it.

Article 37Freedom of conscience and religion

(1)

Freedom of thought, conscience, religion, worship and public manifestation thereof is guaranteed by the State in accordance with the law.

(2)

Propagation of ethnic, regional, racial discrimination or any other form of division is punished by law.

Article 38Freedom of press, of expression and of access to information

(1)

Freedom of press, of expression and of access to information are recognised and guaranteed by the State.

(2)

Freedom of expression and freedom of access to information shall not prejudice public order, good morals, the protection of youth and children, the right of every citizen to honour and dignity and protection of personal and family privacy.

(3)

Conditions for exercising and respect for freedom of press, of expression and of access to information are determined by law.

Article 39Right to freedom of association

(1)

The right to freedom of association is guaranteed and does not require prior authorisation.

(2)

The right to freedom of association is exercised under conditions determined by law.

Article 40Right to freedom of assembly

(1)

The right to freedom of peaceful and unarmed assembly is guaranteed.

(2)

The right to freedom of peaceful and unarmed assembly is exercised in accordance with law and does not require prior authorisation, except when provided for by law.

Article 41Limitation of rights and freedoms

(1)

In exercising rights and freedoms, everyone is subject only to limitations provided for by the law aimed at ensuring recognition of and respect for other people’s rights and freedoms, as well as public morals, public order and social welfare which generally characterise a democratic society. rights and freedoms

Article 42Promotion of human rights

(1)

The promotion of human rights is a responsibility of the State. This responsibility is particularly exercised by the National Commission for Human Rights. This Commission is independent.

Article 43Protection of rights and freedoms

(1)

The Judiciary is the guardian of human rights and freedoms. This duty is exercised in accordance with this Constitution and other laws.

Source: Rwanda Law Reform Commission — rlrc.gov.rw. Reproduced for education; not an official government publication or legal advice.