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Table of Contents

  1. Preamble
  2. Title I. Constituent elements of the State
  3. CHAPTER 1. Basic principles
  4. CHAPTER 2. Female and male citizens
  5. Title II. Rights
  6. CHAPTER 1. Principles for the enforcement of rights
  7. CHAPTER 2. Rights of the good way of living
  8. SECTION 1. Water and food
  9. SECTION 2. Healthy environment
  10. SECTION 3. Information and communication
  11. SECTION 4. Culture and science
  12. SECTION 5. Education
  13. SECTION 6. Habitat and housing
  14. SECTION 7. Health
  15. SECTION 8. Labor and social security
  16. CHAPTER 3. Rights of priority persons and groups
  17. SECTION 1. Elderly women and men
  18. SECTION 2. Young people
  19. SECTION 3. Freedom of movement
  20. SECTION 4. Pregnant women
  21. SECTION 5. Children and adolescents
  22. SECTION 6. Persons with disabilities
  23. SECTION 7. Persons with disastrous diseases
  24. SECTION 8. Imprisoned persons
  25. SECTION 9. Users and consumers
  26. CHAPTER 4. Rights of communities, peoples and nations
  27. CHAPTER 5. Rights to participation
  28. CHAPTER 6. Rights to freedom
  29. CHAPTER 7. Rights of nature
  30. CHAPTER 8. Rights to protection
  31. CHAPTER 9. Responsibilities
  32. TITLE III. CONSTITUTIONAL GUARANTEES
  33. CHAPTER 1. Guarantees of the legal and regulatory framework
  34. CHAPTER 2. Public policies, public services, and public participation
  35. CHAPTER 3. Jurisdictional guarantees
  36. SECTION 1. Common provisions
  37. SECTION 2. Protection proceedings
  38. SECTION 3. Habeas corpus proceedings
  39. SECTION 4. Petition for access to public information
  40. SECTION 5. Habeas data proceedings
  41. SECTION 6. Proceedings for failure to comply
  42. SECTION 7. Special proceedings for protection
  43. TITLE IV. PARTICIPATION AND ORGANIZATION OF POWER
  44. CHAPTER 1. Participation in democracy
  45. SECTION 1. Principles of participation
  46. SECTION 2. Community organization
  47. SECTION 3. Participation in the different levels of government
  48. SECTION 4. Direct democracy
  49. SECTION 5. Political organizations
  50. SECTION 6. Political representation
  51. CHAPTER 2. Legislative Branch of Government
  52. SECTION 1. National Assembly
  53. SECTION 2. Monitoring government action
  54. SECTION 3. Legislative procedures
  55. CHAPTER 3. Executive Branch of Government
  56. SECTION 1. Organization and duties
  57. SECTION 2. National Equality Councils
  58. SECTION 3. Armed Forces and National Police Force
  59. SECTION 4. State of Exception
  60. CHAPTER 4. Judicial and Indigenous Justice Branch of Government
  61. SECTION 1. Principles for the administration of justice
  62. SECTION 2. Indigenous justice
  63. SECTION 3. Principles of the Judicial Branch
  64. SECTION 4. Organization and functioning
  65. SECTION 5. Judiciary Council
  66. SECTION 6. Regular justice
  67. SECTION 7. Justices of the peace
  68. SECTION 8. Alternative means of dispute settlement
  69. SECTION 9. Office of the Attorney for the Defense of the People
  70. SECTION 10. Attorney-General's Office
  71. SECTION 11. System for the protection of victims and witnesses
  72. SECTION 12. Notary services
  73. SECTION 13. Social rehabilitation
  74. CHAPTER 5. Transparency and Social Control Branch of Government
  75. SECTION 1. Nature and duties
  76. SECTION 2. Council for Public Participation and Social Control
  77. SECTION 3. Office of the Comptroller General
  78. SECTION 4. Superintendencies
  79. SECTION 5. Office of the Human Rights Ombudsman
  80. CHAPTER 6. Electoral Branch of Government
  81. SECTION 1. National Electoral Council
  82. SECTION 2. Electoral Dispute Settlement Court
  83. SECTION 3. Common standards for political and social monitoring
  84. CHAPTER 7. Public administration
  85. SECTION 1. Public sector
  86. SECTION 2. Public administration
  87. SECTION 3. Public servants
  88. SECTION 4. Office of the State Prosecutor
  89. TITLE V. TERRITORIAL ORGANIZATION OF THE STATE
  90. CHAPTER 1. General principles
  91. CHAPTER 2. Organization of the territory
  92. CHAPTER 3. Decentralized autonomous governments and special systems
  93. CHAPTER 4. System of jurisdictions
  94. Article 267
  95. CHAPTER 5. Economic resources
  96. TITLE VI. DEVELOPMENT STRUCTURE
  97. CHAPTER 1. General principles
  98. CHAPTER 2. Participatory planning for development
  99. CHAPTER 3. Food sovereignty
  100. CHAPTER 4. Economic sovereignty
  101. SECTION 1. Economic system and economic policy
  102. SECTION 2. Fiscal policy
  103. SECTION 3. Public borrowing
  104. SECTION 4. General State Budget
  105. SECTION 5. Tax system
  106. SECTION 6. Monetary, foreign exchange, credit and financial policy
  107. SECTION 7. Trade policy
  108. SECTION 8. Financial system
  109. CHAPTER 5. Strategic sectors, services and state enterprises
  110. CHAPTER 6. Labor and production
  111. SECTION 1. Forms of organizing production and their management
  112. SECTION 2. Types of property
  113. SECTION 3. Forms of work and pay
  114. SECTION 4. Democratization of inputs
  115. SECTION 5. Commerce and fair trade
  116. SECTION 6. Savings and investment
  117. TITLE VII. THE GOOD WAY OF LIVING SYSTEM
  118. CHAPTER 1. Inclusion and equity
  119. SECTION 1. Education
  120. SECTION 2. Health
  121. SECTION 3. Social security
  122. SECTION 4. Habitat and housing
  123. SECTION 5. Culture
  124. SECTION 6. Physical education and leisure
  125. SECTION 7. Media
  126. SECTION 8. Science, technology, innovation and ancestral wisdom
  127. SECTION 9. Risk management
  128. SECTION 10. Population and human mobility
  129. SECTION 11. Human safety
  130. SECTION 12. Transportation
  131. CHAPTER 2. Biodiversity and natural resources
  132. SECTION 1. Nature and the environment
  133. SECTION 2. Biodiversity
  134. SECTION 3. Natural assets and ecosystems
  135. SECTION 4. Natural resources
  136. SECTION 5. Soil
  137. SECTION 6. Water
  138. SECTION 7. Biosphere, urban ecology, and alternative sources of energy
  139. TITLE VIII. INTERNATIONAL RELATIONS
  140. CHAPTER 1. Principles governing international relations
  141. CHAPTER 2. International treaties and instruments
  142. CHAPTER 3. Latin American integration
  143. TITLE IX. SUPREMACY OF THE CONSTITUTION
  144. CHAPTER 1. Principles
  145. CHAPTER 2. Constitutional Court
  146. CHAPTER 3. Amending the Constitution
  147. TRANSITORY PROVISIONS
  148. TRANSITION SYSTEM
  149. CHAPTER 1. Nature of the transition
  150. CHAPTER 2. Elections
  151. CHAPTER 3. Institutional transition
  152. FINAL PROVISION

Constitution of Ecuador (2008)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

2


3Preamble

4We women and men, the sovereign people of Ecuador

5RECOGNIZING our age-old roots, wrought by women and men from various peoples,

6CELEBRATING nature, the Pacha Mama (Mother Earth), of which we are a part and which is vital to our existence,

7INVOKING the name of God and recognizing our diverse forms of religion and spirituality,

8CALLING UPON the wisdom of all the cultures that enrich us as a society,

9AS HEIRS to social liberation struggles against all forms of domination and colonialism

10AND with a profound commitment to the present and to the future,

11Hereby decide to build

12A new form of public coexistence, in diversity and in harmony with nature, to achieve the good way of living, the sumak kawsay;

13A society that respects, in all its dimensions, the dignity of individuals and community groups;

14A democratic country, committed to Latin American integration-the dream of Simon Bolivar and Eloy Alfaro-peace and solidarity with all peoples of the Earth;

15And, exercising our sovereign powers, in Ciudad Alfaro, Montecristi, province of Manabi, we bestow upon ourselves the present:

16Constitution of the Republic of Ecuador

17Title I. Constituent elements of the State

18CHAPTER 1. Basic principles

19Article 1

20Ecuador is a constitutional State of rights and justice, a social, democratic, sovereign, independent, unitary, intercultural, multinational and secular State. It is organized as a republic and is governed using a decentralized approach.

21Sovereignty lies with the people, whose will is the basis of all authority, and it is exercised through public bodies using direct participatory forms of government as provided for by the Constitution.

22Nonrenewable natural resources of the State's territory belong to its inalienable and absolute assets, which are not subject to a statute of limitations.

23Article 2

24The flag, coat of arms and national anthem, as provided for by law, are the symbols of the nation.

25Spanish is Ecuador's official language; Spanish, Kichwa and Shuar are official languages for intercultural ties. The other ancestral languages are in official use by indigenous peoples in the areas where they live and in accordance with the terms set forth by law. The State shall respect and encourage their preservation and use.

26Article 3

27The State's prime duties are:

28 1.Guaranteeing without any discrimination whatsoever the true possession of the rights set forth in the Constitution and in international instruments, especially the rights to education, health, food, social security and water for its inhabitants.

29 2.Guaranteeing and defending national sovereignty.

30 3.Building up national unity in diversity.

31 4.Guaranteeing secular ethics as the basis for public service and the legal regulatory system.

32 5.Planning national development, eliminating poverty, and promoting sustainable development and the equitable redistribution of resources and wealth to enable access to the good way of living.

33 6.Promoting equitable and mutually supportive development throughout the territory by building up the process of autonomies and decentralization.

34 7.Protecting the country's natural and cultural assets.

35 8.Guaranteeing its inhabitants the right to a culture of peace, to integral security and to live in a democratic society free of corruption.

36Article 4

37The territory of Ecuador constitutes a single geographical and historical whole, with natural, social, and cultural dimensions, which has been passed on to us by our ancestors and ancestral peoples. This territory includes the mainland and maritime space, adjacent islands, the territorial sea, the archipelago of the Galapagos Islands, the land, the undersea continental shelf, the ground under the land and the space over our mainland, island, and maritime territory. Its boundaries are those determined by treaties currently in force.

38The territory of Ecuador is unalienable, irreducible and inviolable. No one shall jeopardize its territorial unity or foment secession.

39The capital of Ecuador is Quito.

40The Ecuadorian State shall exercise its rights over those segments pertaining to the geosynchronous orbit, the maritime space and the Antarctic.

41Article 5

42Ecuador is a territory of peace. The establishment of foreign military bases or foreign facilities for military purposes shall not be allowed. It is forbidden to transfer national military bases to foreign armed or security forces.

43CHAPTER 2. Female and male citizens

44Article 6

45All female and male Ecuadorians are citizens and shall enjoy the rights set forth in the Constitution.

46Ecuadorian nationality is a political and legal bond between individuals and the State, without detriment to their belonging to any of the other indigenous nations that coexist in plurinational Ecuador.

47Ecuadorian nationality is obtained by birth or naturalization and shall not be forfeited because of marriage or its dissolution or by acquiring another nationality.

48Article 7

49The following persons are Ecuadorians by birth:

50 1.Persons born in Ecuador.

51 2.Persons born abroad of a mother or father born in Ecuador and their descendants up to the third degree of consanguinity.

52 3.Persons belonging to communities, peoples or nations recognized by the State living in border areas.

53Article 8

54The following persons are Ecuadorians by naturalization:

55 1.Those who obtain the naturalization card.

56 2.Under-age foreigners adopted by a female or male Ecuadorian, who shall keep their Ecuadorian nationality as long as they do not express their wish to the contrary.

57 3.Those born abroad of a mother or father who is Ecuadorian by naturalization, while they are minors, shall keep their Ecuadorian nationality, as long as they do not express their wish to the contrary.

58 4.Those who marry, or have a common-law marriage with, an Ecuadorian female or male, in accordance with the law.

59 5.Those who obtain Ecuadorian nationality for having provided important services to the country on the basis of their talent or individual effort.

60Those who acquire the Ecuadorian nationality shall not be obligated to forfeit their nationality of origin.

61Ecuadorian nationality acquired by naturalization shall be forfeited by express renunciation.

62Article 9

63Foreign persons in Ecuadorian territory shall have the same rights and duties as those of Ecuadorians, in accordance with the Constitution.

64Title II. Rights

65CHAPTER 1. Principles for the enforcement of rights

66Article 10

67Persons, communities, peoples, nations and communities are bearers of rights and shall enjoy the rights guaranteed to them in the Constitution and in international instruments.

68Nature shall be the subject of those rights that the Constitution recognizes for it.

69Article 11

70The exercise of rights shall be governed by the following principles:

71 1.Rights can be exercised, promoted and enforced individually or collectively before competent authorities; these authorities shall guarantee their enforcement.

72 2.All persons are equal and shall enjoy the same rights, duties and opportunities.

73 No one shall be discriminated against for reasons of ethnic belonging, place of birth, age, sex, gender identity, cultural identity, civil status, language, religion, ideology, political affiliation, legal record, socio-economic condition, migratory status, sexual orientation, health status, HIV carrier, disability, physical difference or any other distinguishing feature, whether personal or collective, temporary or permanent, which might be aimed at or result in the diminishment or annulment of recognition, enjoyment or exercise of rights. All forms of discrimination are punishable by law.

74 The State shall adopt affirmative action measures that promote real equality for the benefit of the rights-bearers who are in a situation of inequality.

75 3.The rights and guarantees set forth in the Constitution and in international human rights instruments shall be directly and immediately enforced by and before any civil, administrative or judicial servant, either by virtue of their office or at the request of the party.

76 For the exercise of rights and constitutional guarantees, no conditions or requirements shall be established other than those set forth in the Constitution or by law.

77 Rights shall be fully actionable. Absence of a legal regulatory framework cannot be alleged to justify their infringement or ignorance thereof, to dismiss proceedings filed as a result of these actions or to deny their recognition.

78 4.No legal regulation can restrict the contents of rights or constitutional guarantees.

79 5.In terms of rights and constitutional guarantees, public, administrative or judicial servants must abide by the most favorable interpretation of their effective force.

80 6.All principles and rights are unalienable, obligatory, indivisible, interdependent and of equal importance.

81 7.Recognition of the rights and guarantees set forth in the Constitution and in international human rights instruments shall not exclude the other rights stemming from the dignity of persons, communities, peoples and nations that might be needed for their full development.

82 8.The contents of rights shall be developed progressively by means of standards, case law, and public policies.

83 The State shall generate and guarantee the conditions needed for their full recognition and exercise.

84 Any deed or omission of a regressive nature that diminishes, undermines or annuls without justification the exercise of rights shall be deemed unconstitutional.

85 9.The State's supreme duty consists of respecting and enforcing respect for the rights guaranteed in the Constitution.

86The State, its delegates, concession holders and all persons acting in the exercise of public authority, shall be obligated to redress infringements of the rights of individuals for negligence or inadequacies in the provision of public services or for the deeds or omissions of their public officials and employees in the performance of their duties.

87The State shall immediately exercise the right to file a claim for restoration against those persons responsible for the damage produced, without detriment to civil, criminal and administrative liabilities.

88The State shall be held liable for arbitrary arrest and detention, miscarriage of justice, unjustified delay or inadequate administration of justice, violation of the right to effective protection of the court, and any violations of the principles and rules of due process of law.

89When a final judgment of conviction is reversed or vacated, the State shall provide redress to the person who has sustained damages as a result of this judgment; when the responsibility for such acts by public, administrative or judicial servants is identified, they shall be duly charged to obtain restitution.

90CHAPTER 2. Rights of the good way of living

91SECTION 1. Water and food

92Article 12

93The human right to water is essential and cannot be waived. Water constitutes a national strategic asset for use by the public and it is unalienable, not subject to a statute of limitations, immune from seizure and essential for life.

94Article 13

95Persons and community groups have the right to safe and permanent access to healthy, sufficient and nutritional food, preferably produced locally and in keeping with their various identities and cultural traditions.

96The Ecuadorian State shall promote food sovereignty.

97SECTION 2. Healthy environment

98Article 14

99The right of the population to live in a healthy and ecologically balanced environment that guarantees sustainability and the good way of living (sumak kawsay), is recognized.

100Environmental conservation, the protection of ecosystems, biodiversity and the integrity of the country's genetic assets, the prevention of environmental damage, and the recovery of degraded natural spaces are declared matters of public interest.

101Article 15

102The State shall promote, in the public and private sectors, the use of environmentally clean technologies and nonpolluting and low-impact alternative sources of energy. Energy sovereignty shall not be achieved to the detriment of food sovereignty nor shall it affect the right to water.

103The development, production, ownership, marketing, import, transport, storage and use of chemical, biological and nuclear weapons, highly toxic persistent organic pollutants, internationally prohibited agrochemicals, and experimental biological technologies and agents and genetically modified organisms that are harmful to human health or mat jeopardize food sovereignty or ecosystems, as well as the introduction of nuclear residues and toxic waste into the country's territory, are forbidden.

104SECTION 3. Information and communication

105Article 16

106All persons, individually or collectively, have the right to:

107 1.Free, intercultural, inclusive, diverse and participatory communication in all spheres of social interaction, by any means or form, in their own language and with their own symbols.

108 2.Universal access to information and communication technologies.

109 3.The creation of media and access, under equal conditions, to use of radio spectrum frequencies for the management of public, private and community radio and television stations and to free bands for the use of wireless networks.

110 4.Access and use of all forms of visual, auditory, sensory and other communication that make it possible to include persons with disabilities.

111 5.Become part of participation spaces as provided for by the Constitution in the field of communication.

112Article 17

113The State shall foster plurality and diversity in communication and, for this purpose, shall:

114 1.Guarantee the allocation, by means of transparent methods and in equal conditions, of radio spectrum frequencies for the management of public, private and community radio and television stations, as well as the access to free bands for the use of wireless networks and shall make sure that, when they are used, the general welfare of the community prevails.

115 2.Facilitate the creation and strengthening of public, private and community media, as well as universal access to information and communication technologies, especially for persons and community groups that do not have this access or have only limited access to them.

116 3.Not permit the oligopolistic or monopolistic ownership, whether direct or indirect, of the media and use of frequencies.

117Article 18

118All persons, whether individually or collectively, have the right to:

119 1.Look for, receive, exchange, produce and disseminate information that is truthful, accurate, timely, taken in context, plural, without prior censorship about the facts, events, and processes of general interest, with subsequent responsibility.

120 2.Gain access freely to information generated in public institutions or in private institutions that handle State funds or perform public duties. There shall be no confidentiality of information except in those cases expressly provided for by the law. In the event of a violation of human rights, no public institution shall refuse to provide the information.

121Article 19

122The law shall regulate the prevalence of contents for informative, educational and cultural purposes in the programming of the media, and shall foster the creation of spaces for the dissemination of independent national production.

123It is forbidden to broadcast advertisements that foment violence, discrimination, racism, drug addiction, sexism, religious or political intolerance and all that undermines rights is forbidden.

124Article 20

125The State shall guarantee the conscience clause for all persons, professional secrecy and the confidentiality of the sources of those who inform, issue their opinions through the media or other forms of communication or who work in any communication activity.

126SECTION 4. Culture and science

127Article 21

128Persons have the right to build and uphold their own cultural identity, to decide their belonging to one or various cultural communities, and to express these choices; the right to aesthetic freedom; the right to learn about the historical past of their cultures and to gain access to their cultural heritage; to disseminate their own cultural expressions and to have access to diverse cultural expressions.

129Culture cannot be used as an excuse when infringing rights recognized in the Constitution.

130Article 22

131Persons have the right to develop their creative capacity, to the commendable and steady exercise of cultural and artistic activities, and to benefit from the protection of moral and heritage rights that pertain to them as a result of the scientific, literary or artistic productions of which they are the authors.

132Article 23

133Persons have the right to gain access to and participate in public spaces as a sphere for deliberation, cultural exchange, social cohesiveness and the promotion of equality in diversity. The right to disseminate in public spaces one's own cultural manifestations shall be exercised without any constraint other than those provided for by the law, subject to the principles of the Constitution.

134Article 24

135Persons have the right to recreation and leisure, the practice of sports and free time.

136Article 25

137Persons have the right to enjoy the benefits and applications of scientific progress and ancestral wisdom.

138SECTION 5. Education

139Article 26

140Education is a right of persons throughout their lives and an unavoidable and mandatory duty of the State. It constitutes a priority area for public policymaking and state investment, the guarantee of equality and social inclusion and the indispensable condition for the good way of living. Persons, families and society have the right and responsibility to participate in education.

141Article 27

142Education will focus on the human being and shall guarantee holistic human development, in the framework of respect for human rights, a sustainable environment, and democracy; education shall be participatory, compulsory, intercultural, democratic, inclusive and diverse, of high quality and humane; it shall promote gender equity, justice, solidarity and peace; it shall encourage critical faculties, art and sports, individual and community initiatives, and the development of competencies and capabilities to create and work.

143Education is indispensable for knowledge, exercise of rights and building a sovereign country and it is a key strategy for national development.

144Article 28

145Education shall be for general welfare of the public and shall not be at the service of individual and corporate interests. Universal access, permanence, mobility and graduation without any discrimination shall be guaranteed, as well compulsory attendance of initial schooling, basic education and secondary education or their equivalent.

146It is the right of every person and community to interact among cultures and to participate in a society that learns. The State shall promote intercultural dialogue in all of its many dimensions.

147Learning shall take place with schooling systems and non-school modalities.

148Public education shall be universal and secular at all levels and shall be free of charge up to and including the third level of higher education [post-secondary undergraduate schooling].

149Article 29

150The State shall guarantee the freedom to teach, academic freedom in higher education, and the right of persons to learn in their own language and cultural environment.

151Mothers and fathers or their representatives shall be at liberty to choose for their daughters and sons an education that is in line with their principles, beliefs, and pedagogical options.

152SECTION 6. Habitat and housing

153Article 30

154Persons have the right to a safe and healthy habitat and adequate and decent housing, regardless of their social and economic status.

155Article 31

156Persons have the right to fully enjoy the city and its public spaces, on the basis of principles of sustainability, social justice, respect for different urban cultures and a balance between the urban and rural sectors. Exercising the right to the city is based on the democratic management of the city, with respect to the social and environmental function of property and the city and with the full exercise of citizenship.

157SECTION 7. Health

158Article 32

159Health is a right guaranteed by the State and whose fulfillment is linked to the exercise of other rights, among which the right to water, food, education, sports, work, social security, healthy environments and others that support the good way of living.

160The State shall guarantee this right by means of economic, social, cultural, educational, and environmental policies; and the permanent, timely and non-exclusive access to programs, actions and services promoting and providing integral healthcare, sexual health, and reproductive health. The provision of healthcare services shall be governed by the principles of equity, universality, solidarity, interculturalism, quality, efficiency, effectiveness, prevention, and bioethics, with a gender and generational approach.

161SECTION 8. Labor and social security

162Article 33

163Work is a right and a social duty, as well as an economic right, source of personal fulfillment and the basis for the economy. The State shall guarantee full respect for the dignity of working persons, a decent life, fair pay and retribution, and performance of a healthy job that is freely chosen and accepted.

164Article 34

165The right to social security is a right of all persons and it cannot be waived, and it shall be the State that must bear the prime duty and responsibility for this right. Social security shall be governed by the principles of solidarity, obligation, universality, equity, efficiency, subsidiarity, adequacy, transparency and participation, to meet individual and collective needs.

166The State shall guarantee and ensure the full and effective exercise of the right to social security, which includes persons who carry out unpaid work in households, livelihood activities in the rural sector, all forms of self-employed and who are unemployed.

167CHAPTER 3. Rights of priority persons and groups

168Article 35

169Elderly persons, girls, children and adolescents, pregnant women, persons with disabilities, persons in prison and those who suffer from disastrous or highly complex diseases shall receive priority and specialized care in the public and private sectors. The same priority care shall be received by persons in situations of risk, victims of domestic and sexual violence, child mistreatment, natural or manmade disasters. The State shall provide special protection to persons who are doubly vulnerable.

170SECTION 1. Elderly women and men

171Article 36

172Elderly persons shall receive priority and specialized attention in the public and private sectors, especially in terms of social and economic inclusion and protection against violence. Those persons who have reached sixty-five years of age shall be considered to be elderly.

173Article 37

174The State shall guarantee elderly persons the following rights:

175 1.Specialized healthcare free of charge, as well as free access to medicines.

176 2.Paid work, on the basis of their skills, for which purpose their constraints shall be taken into account.

177 3.Universal retirement.

178 4.Discounts in public services and private transportation services and entertainment.

179 5.Tax exemptions.

180 6.Exemption from paying the costs for notarial and registration services, in accordance with the law.

181 7.Access to housing that ensures a decent life, with respect for their opinion and consent.

182Article 38

183The State shall draw up public policies and programs aimed at providing care for elderly persons that bear in mind specific differences between the urban and rural sectors, gender concerns, ethnic group, culture, and the differences pertaining to persons, communities, peoples and nations; it will also foster, to the greatest extent possible, personal autonomy and participation in the drafting and implementation of these policies.

184In particular, the State shall take the following measures:

185 1.Care in specialized centers mat guarantee their nutrition, health, education and dairy care, in a framework of integral protection of rights. Care centers shall be established to shelter those who cannot be taken care of by their relatives or who do not have a place to stay permanently.

186 2.Special protection against any type of labor or economic exploitation The State shall implement policies aimed at fostering the participation and work of elderly persons in public and private institutions so that they can contribute their experience, and it shall develop job training programs, on the basis of their profession and ambitions.

187 3.Development of programs and policies aimed at fostering their personal autonomy, reducing their dependence and securing their full social integration.

188 4.Protection and care against all types of violence, mistreatment, sexual exploitation or of any other kind or neglect leading to any of these situations.

189 5.Development of programs aimed fostering recreational and spiritual activities.

190 6.Preferential care in cases of disasters, armed conflicts and all kinds of emergencies.

191 7.Establishment of special system for the enforcement of measures of imprisonment. In the event of a conviction with life sentence, as long as no other alternative measures are applied, they shall fulfill their sentence in centers that are adequate for this purpose and, in the case of pre-trial arrest, they shall be subject to house arrest.

192 8.Protection, care, and special assistance when they suffer from chronic or degenerative diseases.

193 9.Adequate economic and psychological assistance guaranteeing their physical and mental health.

194The abandonment of elderly persons by their relatives or institutions set up for their protection is punishable by law.

195SECTION 2. Young people

196Article 39

197The State shall guarantee the rights of young people and shall promote the effective exercise of these rights by means of policies and programs, institutions and resources that ensure and uphold, on a permanent basis, their participation and inclusion in all sectors, especially in public sector spaces.

198The State shall recognize young people as strategic players in the country's development and shall guarantee their right to education, health, housing, recreation, sports, leisure, freedom of expression and association. The State shall foster their incorporation into the labor force in fair and decent conditions, with emphasis on training, guarantee of access to first employment, and promotion of their entrepreneurial skills.

199SECTION 3. Freedom of movement

200Article 40

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