domingo, março 26, 2006

Excertos da constituição afegã: Estado, religião e direitos humanos

The Constitution of Afghanistan Year 1382 (2004)

In the Name of God, the Merciful, the Compassionate

Contents
(...)

In the name of God, the Merciful, the Compassionate

Preamble
We the people of Afghanistan:

1. With firm faith in God Almighty and relying on His mercy, and Believing in the
Sacred religion of Islam,

Observing the United Nations Charter and respecting the Universal Declaration of Human Rights, (...)

For establishing a government based on people's will and democracy,

For creation of a civil society free of oppression, atrocity, discrimination, and violence, based on rule of law, social justice, protection of human rights, and dignity, and ensuring fundamental rights and freedoms of the people, (...)

And finally for regaining Afghanistan’s deserving place in the international community,

Have adopted this constitution in compliance with historical, cultural, and social requirements of the era, through our elected representatives in the Loya Jirga dated / /1382 in the city of Kabul.


Chapter One

The State

Article One Ch. 1. Art. 1

Afghanistan is an Islamic Republic, independent, unitary and indivisible state.

Article Two Ch. 1, Art. 2

The religion of Afghanistan is the sacred religion of Islam.

Followers of other religions are free to perform their religious ceremonies within the limits of the provisions of law.

Article Three Ch. 1, Art. 3

In Afghanistan, no law can be contrary to the sacred religion of Islam and the values of this Constitution.

(...)

Article Six Ch. 1, Art. 6

The state is obliged to create a prosperous and progressive society based on social justice, protection of human dignity, protection of human rights, realization of democracy, and to ensure national unity and equality among all ethnic groups and tribes and to provide for balanced development in all areas of the country.

Article Seven Ch. 1, Art. 7

The state shall abide by the UN charter, international treaties, international conventions that Afghanistan has signed, and the Universal Declaration of Human Rights.

(...)

Chapter Two

Fundamental Rights and Duties of Citizens

Article Twenty-tow Ch. 2, Art. 1

Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited.

The citizens of Afghanistan have equal rights and duties before the law

(...)

Article Thirty-Five Ch. 2, Art. 14

The citizens of Afghanistan have the right to form social organizations for the purpose of securing material or spiritual aims in accordance with the provisions of the law.

The citizens of Afghanistan have the right to form political parties in accordance with the provisions of the law, provided that:

The program and charter of the party are not contrary to the principles of sacred religion of Islam, and the provisions and values of this Constitution.

(...)

Article Forty-Five

The state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles, and develops the curriculum of religious subjects on the basis of the Islamic sects existing in Afghanistan.

(...)

Article Fifty-Four Ch.2, Art. 32

Family is a fundamental unit of society and is supported by the state.

The state adopts necessary measures to ensure physical and psychological well being of family, especially of child and mother, upbringing of children and the elimination of traditions contrary to the principles of sacred religion of Islam.

(...)

Article Fifty-Eight. Ch. 2. Art. 36

The State, for the purpose of monitoring, observation of human rights in Afghanistan their protection, shall establish the Independent Human Rights Commission of Afghanistan.

Everyone in case of violation of his fundamental rights can launch complaint to this Commission.

The commission can refer the cases of violation of the fundamental rights of the persons to the legal authorities, and assist them defending their rights.

Structure and mode of function of this Commission will be regulated by law.

(...)

Chapter Seven

The Judiciary

(...)

Article One Hundred and eighteen Ch. 7. Art. 3

A member of the Supreme Court should have the following qualifications:

(...)

Should have higher education in law or in Islamic jurisprudence, (...)

(...)

Chapter Ten

Amendments

Article One Hundred and forty nine Ch. 10, Art. 1

The provisions of adherence to the fundamentals of the sacred religion of Islam and the republican regime cannot be amended.

(...)

Fonte: sítio do Governo do Afeganistão.

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