A Constitution[5] The Constitution of the Republic of Cape Verde, promulgated in 1992 and revised on several occasions, establishes the fundamental legal framework governing the rights and duties of Cape Verdean citizens. This essential document not only defines the basic principles of the Rule of Law[3]but also ensures the protection of fundamental rights[1] and freedoms of individuals, promoting justice[14] and equality.
The rights of Cape Verdean citizens are broadly covered by the Constitution, including civil, political, economic, social and cultural rights. Civil and political rights include law[15] life, liberty, personal security and participation politics[8]which are essential pillars for the maintenance of a society[9] democratic and pluralist. The Constitution also guarantees economic, social and cultural rights, such as the right to education, health and work, which are crucial for human development and the reduction of social inequalities.
In addition to rights, the Constitution of Cape Verde also imposes duties on its citizens, promoting active and responsible citizenship. Among the fundamental duties are respect for the Constitution and laws, defence of the homeland, paying taxes and protecting the environment. These duties are essential for strengthening social cohesion and building a prosperous and sustainable nation.
An understanding of constitutional rights and duties is vital for all citizens, as it fosters civic participation and strengthens democracy[10]. For more information on the Constitution of Cape Verde, you can consult the official website of the Government of Cape Verde. This report aims to explore each of these rights and duties in detail, providing a comprehensive and enlightening view of the role of the citizen in Cape Verdean society.
Index
The Constitution of Cape Verde guarantees the right to life as one of the fundamental rights of citizens. This right is inviolable and is protected in all circumstances, and the State[17] has the obligation to guarantee the protection of human life. In addition, the physical integrity and moral[18] of citizens is also protected, prohibiting any form of torture, inhuman or degrading treatment (Constitution of Cape Verde).
Cape Verdean citizens enjoy the right to freedom of expression, which includes the freedom to seek, receive and impart information and ideas without interference. This right is essential for maintaining a democratic and pluralistic society. The Constitution guarantees that prior censorship is forbidden, ensuring that the media is not allowed to censor information. communication[7] social organisations are free and independent, respecting pluralism and diversity of opinion (Constitution of Cape Verde).
The right to privacy is one of the fundamental pillars guaranteed by the Constitution of Cape Verde. This right covers the protection of citizens' private and family life, home and correspondence. In addition, the Constitution protects citizens' personal data from misuse and guarantees that any collection or processing of personal data must be done in accordance with the law. law[19]respecting the fundamental rights of individuals (Constitution of Cape Verde).
Equality before the law is a fundamental right guaranteed to all Cape Verdean citizens, without distinction of origin, race or sex, religion[12]political or ideological convictions, social or economic status. The Constitution prohibits any form of discrimination, promoting equal opportunities and fair treatment in all spheres of public and private life (Constitution of Cape Verde).
The Constitution of Cape Verde recognises the right to education as essential for the personal and social development of citizens. The state has a responsibility to ensure universal and free access to basic education, promoting equal opportunities. In addition, the Constitution values culture as a fundamental right, encouraging the preservation and promotion of culture. assets[13] national culture and cultural diversity (Constitution of Cape Verde).
The right to health is guaranteed by the Constitution of Cape Verde, which states that the state must ensure access to quality health care for all citizens, promoting policies for the prevention and treatment of illnesses. In addition, social security is recognised as a fundamental right, ensuring protection in situations of unemployment, illness, disability, old age and other social contingencies (Constitution of Cape Verde).
The right to work is one of the fundamental rights protected by the Constitution of Cape Verde. This right includes the freedom to choose an occupation, fair and just working conditions and protection against unemployment. The Constitution also guarantees the right to unionise and to collective bargaining, promoting social dialogue as a means of resolving labour disputes (Constitution of Cape Verde).
The Constitution of Cape Verde guarantees the right to private property, recognising it as a fundamental right of citizens. This right includes the possession, use and disposal of property, as long as it respects the rights of citizens. public interest[2] and the social function of property. The state has a duty to protect private property against arbitrary expropriation, ensuring that any expropriation is carried out with fair compensation (Constitution of Cape Verde).
Access to justice is a fundamental right guaranteed by the Constitution of Cape Verde. This right ensures that all citizens have the right to a fair and speedy trial, with due process of law. The Constitution guarantees the independence of the courts and the right to defence, ensuring that all citizens have access to legal assistance when necessary (Constitution of Cape Verde).
Cape Verde's Constitution establishes that all citizens have a duty to participate in the electoral process, which includes the right and obligation to vote. This civic duty is fundamental to maintaining democracy and ensuring that political decisions reflect the will of the people. Electoral participation not only legitimises the organs of power, but also ensures that citizens have an active voice in choosing their representatives. According to recent data, the turnout for the 2021 legislative elections was approximately 57%, which demonstrates a significant level of civic engagement (INE Cape Verde).
Cape Verdean citizens have a duty to contribute to the common good, which implies respecting the law and promoting actions that benefit society as a whole. This duty is intrinsically linked to social responsibility and a commitment to the country's sustainable development. The Constitution emphasises the importance of every citizen actively participating in community initiatives and projects aimed at improving the collective quality of life. Contributing to the common good can take many forms, including volunteering and taking part in non-governmental organisations.
Respect for and compliance with the law is a fundamental duty of all citizens, as stipulated in the Constitution of Cape Verde. This duty is essential for maintaining public order and ensuring that the rights of all individuals are respected. O system[20] Cape Verde's legal system is based on principles of justice and fairness, and citizens' compliance with the law is crucial to the effectiveness of this system. Failure to comply with the law can result in legal sanctions and jeopardise social stability.
Defence of the homeland is a civic and political duty that involves protecting Cape Verde's sovereignty and territorial integrity. This duty can be exercised in various ways, including military service and participation in civil defence actions. The Constitution provides that, in situations of national emergency, citizens may be called upon to contribute to the country's defence. This duty is a reflection of citizens' commitment to national security and independence.
Promoting peace and tolerance is a civic duty that aims to ensure harmonious coexistence between citizens. Cape Verde's Constitution emphasises the importance of fostering a culture of peace, mutual respect and understanding between different ethnic, religious and cultural groups. This duty is particularly relevant in a global context where conflicts and social tensions are prevalent. Promoting peace and tolerance contributes to a stable and inclusive social environment where all citizens can thrive.
Citizenship education is a duty that involves training informed citizens who are aware of their rights and duties. Cape Verde's Constitution recognises the importance of civic education as a means of strengthening democracy and promoting citizens' active participation in public life. This duty involves not only formal education, but also the promotion of civic and ethical values through community programmes and government initiatives. Citizenship education is essential to enable citizens to fully exercise their rights and fulfil their duties.
Protecting the environment is a civic duty that reflects citizens' commitment to sustainability and the preservation of natural resources for future generations. The Constitution of Cape Verde emphasises the responsibility of citizens to adopt ecological practices and to participate in efforts to mitigate environmental impacts. This duty includes reducing resource consumption, recycling and supporting environmental policies aimed at conserving ecosystems. Protecting the environment is a crucial component of sustainable development and the well-being of Cape Verdean society.
Solidarity and social justice are civic duties that promote equity and social inclusion. The Constitution of Cape Verde emphasises the importance of combating social and economic inequalities through actions that promote justice and solidarity among citizens. This duty involves supporting public policies aimed at the equitable redistribution of resources and guaranteeing access to basic services for all citizens. Solidarity and social justice are fundamental for social cohesion and for building a fairer and more equal society.
Participation in associations and social movements is a civic duty that allows citizens to express their concerns and contribute to social change. Cape Verde's Constitution recognises the right of citizens to organise themselves into associations to promote common interests and influence public policy. This duty is a manifestation of the right to freedom of association and is essential for strengthening civil society. Active participation in associations and social movements is an effective way of promoting participatory democracy and ensuring that citizens' voices are heard in decision-making processes.
Cape Verde's Constitution ensures that no citizen can be arbitrarily detained. This principle is rooted in the right to liberty and personal security, guaranteeing that any arrest or detention must be carried out in accordance with established legal procedures. The authorities are obliged to inform the detainee of the reasons for their detention and to guarantee immediate access to an authorised person. lawyer[21]. This protection is essential to prevent abuses of power and ensure that citizens' rights are respected in all circumstances. Cape Verdean legislation establishes specific deadlines for the presentation of the detainee to a judge[22], reinforcing the commitment to due process of law (Constitution of Cape Verde).
The right to habeas corpus is a fundamental constitutional guarantee in Cape Verde, allowing anyone illegally detained to request an immediate judicial review of the legality of their detention. This mechanism is crucial for protecting citizens against arbitrary detention and abuse of authority. The writ of habeas corpus can be requested by anyone, on their own behalf or on behalf of a third party, without the need for formal legal representation, which facilitates access to justice and the protection of individual rights (Constitution of Cape Verde).
Cape Verde's Constitution provides for the possibility of declaring a state of emergency in exceptional situations, such as natural disasters or threats to national security. However, even in these circumstances, there are clear limits on which rights can be restricted. Fundamental rights, such as the right to life and physical integrity, cannot be suspended. In addition, any measure taken during a state of emergency must be proportionate, necessary and temporary, ensuring that human rights are respected and protected, even in times of crisis (Constitution of Cape Verde).
The independence of the judiciary is a cornerstone of Cape Verde's constitutional system, ensuring that the courts operate without interference from other powers of the state. This independence is guaranteed through constitutional provisions that establish the irremovability of judges and the administrative and financial autonomy of the courts. Judicial impartiality is essential for guaranteeing fair and equitable judgements, protecting citizens' rights and maintaining public confidence in the justice system (Constitution of Cape Verde).
Cape Verde's Constitution recognises the importance of protecting the rights of minorities and vulnerable groups, ensuring that all citizens, regardless of their ethnic origin, gender, religion or social status, have the same rights and opportunities. Specific policies are implemented to promote social inclusion and combat discrimination, ensuring that minorities and vulnerable groups have equal access to public services such as education and health. These measures are key to promoting social cohesion and ensuring that all citizens can participate fully in the country's economic, social and political life (Constitution of Cape Verde).
The Constitution of Cape Verde establishes a robust framework of rights and duties that ensure the dignity, freedom and equality of citizens. Among the fundamental rights are the right to life and physical integrity, freedom of expression and information, and the right to privacy and data protection. These rights are essential for maintaining a democratic and pluralistic society, ensuring that citizens can live in security and freedom. In addition, the Constitution protects the right to equality and non-discrimination, promoting social justice and the inclusion of all individuals, regardless of their origin or social condition (Constitution of Cape Verde).
The civic and political duties of Cape Verdean citizens are also emphasised, including participation in the electoral process, respect for and compliance with the law, and the promotion of peace and tolerance. These duties are fundamental to the country's social cohesion and sustainable development, encouraging citizens to actively contribute to the common good and the protection of the environment. The Constitution also ensures constitutional guarantees, such as protection against arbitrary detention and the right to habeas corpus, which are crucial for the protection of human rights and the maintenance of the rule of law (Constitution of Cape Verde).
The implications of these constitutional provisions are significant, as they lay the foundations for a fairer and more equitable society, where the rights of all citizens are respected and protected. However, the effective implementation of these rights and duties requires an ongoing commitment from the state and civil society to ensure that public policies are aligned with constitutional principles. Strengthening democratic institutions and promoting citizenship education are essential steps to ensure that citizens are fully aware of their rights and responsibilities, thus contributing to strengthening democracy in Cape Verde (Constitution of Cape Verde).