Rights and duties of the Cabo Verdean citizen under the Constitution

Part II of the Constitution of the Republic of Cabo Verde (“Fundamental Rights and Duties”) brings together the rights, freedoms and guarantees of citizens and their fundamental duties. This guide summarises the catalogue as it appears in the consolidated text available on the National Parliament portal (2010 revision), which notes that it does not replace the original published in the Official Bulletin.

Dignity and equality

• The State recognises as inviolable the rights and freedoms enshrined in the Constitution, and all public authorities have the duty to respect and guarantee their free exercise (art. 15);
• all citizens have equal social dignity and are equal before the law, with no privilege, benefit or disadvantage on grounds of race, sex, ancestry, language, origin, religion, social or economic conditions, or political or ideological convictions (art. 24);
• constitutional rules on fundamental rights bind public and private entities and are directly applicable (art. 18);
• rights, freedoms and guarantees may only be suspended under a declared state of siege or state of emergency (art. 27).

Individual rights, freedoms and guarantees

In Title II of Part II, the Constitution enshrines, among others:

• the right to life and to physical and moral integrity, with torture and the death penalty prohibited (art. 28);
• the right to liberty and personal security, with procedural guarantees: presentation of a detained person to a judge within a maximum of 48 hours (art. 31), presumption of innocence (art. 35) and habeas corpus (art. 36);
• freedoms of expression and information, free from censorship (art. 48), and freedom of the press (art. 60);
• freedom of conscience, religion and worship, with churches separated from the State (art. 49);
• freedom of association (art. 52) and the right to assemble and demonstrate, peacefully and without weapons (art. 53);
• inviolability of the home (art. 43) and secrecy of correspondence and telecommunications (art. 44);
• protection of personal data, with rights of access and rectification and habeas data (arts. 45 and 46);
• the right to identity, good name, image and privacy (art. 41);
• freedom of movement and emigration (art. 51) and the prohibition of expelling Cabo Verdean citizens (art. 37);
• the right to marry, with equal rights and duties between spouses, and the prohibition of discriminating against children born out of wedlock (art. 47).

Political rights

• participation in political life, directly or through freely elected representatives; voters are adult citizens, under the terms of the law (art. 55);
• access, in conditions of equality and freedom, to public office and elective positions (art. 56);
• freedom to form and take part in political parties (art. 57);
• the right of petition and popular action (art. 59).

Economic, social and cultural rights

Title III of Part II enshrines, among others:

• the right to work (art. 61) and workers’ rights: fair pay, with equal remuneration for men and women for equal work, hygienic and safe conditions, weekly rest and social security (arts. 62 and 63), trade union freedom (arts. 64 to 66) and the right to strike, with lock-outs prohibited (art. 67);
• the right to private property and inheritance, with expropriation only for public utility and against fair compensation (art. 69);
• the right to social security (art. 70), health (art. 71), housing (art. 72) and a healthy, ecologically balanced environment (art. 73);
• the right to education, with compulsory, universal and free basic education (art. 78), and the right to culture (art. 79);
• specific protections for children (with child labour prohibited, art. 74), young people, persons with disabilities, the elderly, consumers and the family, whose domestic violence the law punishes (arts. 75 to 82).

Fundamental duties

Title IV of Part II enumerates the fundamental duties:

• general duties towards the family, society and the State, and of respecting the rights and freedoms of others (art. 83);
• the duty to respect and consider fellow human beings, without discrimination (art. 84);
• towards the Nation and the community: to respect the Constitution and the laws, to be faithful to the homeland and take part in its defence, to honour national symbols, to develop a culture of work, to pay the contributions and taxes established under the law, and to defend and promote health, the environment and cultural heritage (art. 85);
• towards the authorities: to comply with obligations established by law and to obey the orders of legitimate authorities, under the terms of the Constitution and the law (art. 86).

How rights are enforced

• access to justice within a reasonable time and through an equitable process, with the right of defence, legal information and legal aid; justice may not be denied for insufficient economic means (art. 22);
• an amparo appeal to the Constitutional Court, after ordinary appeals are exhausted, against acts or omissions of public powers that harm fundamental rights, and the right to compensation for violations suffered (art. 20);
• complaints to the Ombudsman (Provedor de Justiça), an independent body elected by the National Assembly, about actions or omissions of public powers (art. 21);
• civil liability of the State and other public entities for violations of rights committed by their agents (art. 16);
• habeas corpus against unlawful detention or imprisonment (art. 36) and habeas data for access to and rectification of personal data (art. 46).

When to speak with a lawyer

Legal advice is worth seeking when a fundamental right has been violated by a public authority, in detention or imprisonment cases, in situations of discrimination, or when preparing complaints to the Ombudsman or appeals to the Constitutional Court. The directory lists lawyers in constitutional law.

This page is general information, not legal advice.