HONDURAS Republic of Honduras Republica de Honduras Joined United Nations: 17 December 1945 Human Rights as assured by their constitution Updated 27 July 2012
Translation from Google Translate
I TITLE III: OF THE DECLARATIONS, RIGHTS AND GUARANTEES I CAPITULATE I OF THE DECLARATIONS
ARTICULATE 59. - The human person is the supreme aim of the society and the State. All have the obligation to respect it and to protect it. The dignity of the human being is inviolable. In order to guarantee the rights and liberties recognized in this Constitution, the Institution of the National Commissioner of the Human rights is created. The organization, prerogative and attributions of the National Commissioner of the Human rights will be object of a special law. * Modified by Decree 191/1994 and ratified by Decree 2/1995.
ARTICULATE 60. - All men are born free and equal in rights. In Honduras there are no privileged classes. All Hondurans are equal before the Law. Punishment is declared for all discrimination by reason for sex, race, class and any other harmful one to the human dignity. The Law will establish the crimes and sanctions for the violator of this rule.
ARTICULATE 61. - The Constitution guarantees to the Honduran and foreign residents in the country, the right inviolable of life, individual security, freedom, equality before the law and property.
ARTICULATE 62. - The rights of each man are limited by the rights of the others, the security of all and the right exigencies of the general well-being and unfolding democracy.
ARTICULATE 63. - The declarations, rights and guarantees that this Constitution enumerates, will not be understood to negate other declarations, rights and guarantees non-specified, that are born of the sovereignty, of the republican form, democratic and representative of government and the dignity of man.
ARTICULATE 64. - Laws will not be applied and government dispositions or of any other order, that regulates the exercise of the declarations, rights and guarantees established in this Constitution, if they diminish, restricts or distorts them.
CAPITULATE II OF THE INDIVIDUAL RIGHTS ARTICULATE 65. - The right to the life is inviolable.
ARTICULATE 66. - Capital punishment is prohibited
ARTICULATE 67. - To have been born is to be considered being born for everything to that which favors to him within limits established by the Law
ARTICULATE 68. - All persons have the right to have their physical integrity respected, physical and moral. Nobody must be put under cruel, cruel or degrading tortures, nor pains or treatments. All persons deprived of freedom are to be dealt with the respect due to the inherent dignity the human being.
ARTICULATE 69. - Personal freedom is inviolable and are in accordance with the laws passed to be restricted or to be suspended temporarily.
ARTICULATE 70. - All Hondurans have the right to do what does not harm to another one and anybody to be forced to do what legally will not be prescribed nor crippled to execute what the Law not prohibit. No person shall be able to do justice by same, nor to exert violence to demand its right. No service is indispensable, nor to have to lend itself gratuitously, but by virtue of law or of sentence founded on Law
ARTICULATE 71. - No person can be stopped nor held incommunicado for more than twenty-four hours, without being put at your service of competent authority for her judgment. Judicial detention to inquire shall not exceed six counted days from the moment at which the same one takes place
ARTICULATE 72. - Communication of the thought by any means of communication Is free, without previous censorship. Those that abuse this right and those are responsible before the law that by direct or indirect means restrict or prevent communication and circulation of ideas and opinions
ARTICULATE 73. - The press, the radio stations, of television stations and any other means of broadcast and communication of the thought, ace like all its elements, shall not to be seized neither confiscated, nor closed or interrupted its workings by reason for crime lack in communication of the thought, without damage of the responsibilities which it has been incurred across these reasons in accordance with the Law. No company of communication of the thought should receive foreign subventions of governments or political parties. The Law to establish fines that corresponds to the violation of this rule. Direction of or televised, printed, radio, magazines, and intellectual orientation, politicking and administrative of such, to be exerted exclusively by Hondurans by birth
ARTICULATE 74. - The right of broadcast of the thought cannot be restricted by you go or indirect means, such as the abuse of official or particular controls of the material used for the press; of the frequencies or used equipment or apparatuses to spread information
ARTICULATE 75. - The Law that regulates broadcast of the thought, should establish previous censorship, to protect the norms and cultural values of the society, ace like the rights of the people, specially of the childhood, the adolescence and youth. The commercial alcoholic drink propaganda and tobacco consumption to be regulated by the Law
ARTICULATE 76. - The right to the honor, the personal, familiar privacy is guaranteed and to the own image.
ARTICULATE 77. - It is guaranteed the free exercise of all the religions and cults without preeminence some, whenever they do not contravene the laws and the public order. The ministers of the diverse religions, should not to exert political positions nor to make in any form political propaganda, invoking reasons for religion or belief, like average for such aim, of the religious beliefs of the town
ARTICULATE 78. - The liberties of association and meeting are guaranteed whenever they are not opposite to the public order and moral convention
ARTICULATE 79. - All person have right to meet with others, pacifically and without arms, in public manifestation or transitory assembly, in relation to its common interests of any nature, with no need of warning or special permission. The meetings outdoors and those of political character could be subject to a regime of special permission with the only aim to guarantee the public order
ARTICULATE 80. - All person or associations of people has the right to present/display requests to the authorities or by reasons for inters particular or general and to obtain quick answer in the legal term
ARTICULATE 81. - All person has right to circulating freely, leaving, to enter and to remain in the national territory. Nobody can be forced to change of address or calls to account, but in the special cases and with the requirements that the Law requires
ARTICULATE 82. - The defense right is inviolable. The inhabitants of the Republic have free access to the courts to exercise their actions in the form that codify the laws
ARTICULATE 83. - He corresponds to the State to name solicitors for the defense of the poor men and so that the people and interests of the incapable minors guard by and. Darn to them legal attendance and representation judicially in the defense of its right individual freedom and liberties
ARTICULATE 84. - Nobody should be arrested or to be stopped but by virtue of mandate written of competent authority, sent with the legal formalities and by reason previously established in the Law. However, the delinquent offender can be apprehended by any person for the purpose of effect to give it to the authority. The arrested one or stopping must be informed in the act and with all clarity of its rights and into the facts that are imputed to him; and in addition, the authority of be to allow him to communicate its halting to a relative or person of its election.
ARTICULATE 85. - No person can be stopped or imprisoned but in the places that the Law determines.
ARTICULATE 86. - All person submissive in opinion, that is prisoner, must right to remain separated of those who will have been condemned by judicial sentence.
ARTICULATE 87. - The jails are establishments of security and social defense. One will procure in them the rehabilitation of shut in and its preparation for the work.
ARTICULATE 88. - One will not exert violence nor coercion of any class on the people to force them or to declare. Nobody can be forced in subject-penitentiary, disciplinary or of police, to declare against itself, its spouse or companion of home, not against its relatives within the fourth degree of consanguinity or second of affinity. The declaration rendered before competent judge will only test. All declaration obtained with infraction of nobodies of these dispositions, is null and the people in charge will incur the pains that the law establishes
ARTICULATE 89. - All person is innocent while its responsibility by competent authority has not been declared.
ARTICULATE 90. - Nobody can be judged but by judge or competent court with the formalities, rights and guarantees that the Law establishes. The law military for the crimes and lack of military order is recognized. In no case the military courts will be able to extend their jurisdiction on people who are not in good condition active in the Armed Forces. * Interpreted by Decree 58/1993 * Modified by Decree 189/1985
ARTICULATE 91. - When in a crime or lack of military order a civilian or a military of loss was implied, she will know the case the competent authority of the common law * Modified by Decree 189/1985
ARTICULATE 92. - Arrest warrant will not be able to be provided without it comes total from to have committed a crime or simple crime that is worth the trouble of deprivation of the freedom, and without is rational indication of that is their author. In the same form the declaration will become of criminal.
ARTICULATE 93. - Still with arrest warrant, no person can be taken to the jail nor be stopped in her, if she grants sufficient caution in accordance with the Law
ARTICULATE 94. - Anybody pain will be dominated some without to be heard and to be overcome in judgment, and without Judge resolution of or competent authority has been imposed him by executor. In the cases of pressure and other measures of equal nature in civil or labor matter, as well as in those of fine or arrest in the matter of police, always the affected one will have to be heard
ARTICULATE 95- No person will be sanctioned with pains not settled down previously in the Law, nor could be judged by such made punishment again that motivated previous judgment
ARTICULATE 96. - The Law does not have retroactive effect, except in penal matter when the new law favors to the delinquent or accused.
ARTICULATE 97. - Nobody could be condemned to institutionalization, proscribed pains or confiscations. The pain of deprivation of the freedom to perpetuity settles down. The penal law will determine its application for those crimes in whose commission serious circumstances concur, offensive and degrading, that by their impact causes commotion, rejection, indignation and loathing in the national community. The privative pains of freedom by simple crimes and the accumulated ones by several crimes will pay attention to the Penal . Law. * Modified by Decree 46/1997 and ratified by Decree 258/1998 . ARTICULATE 98. - No person should be prisoner, arrested or imprisoned by obligations that do not come from crime or lack
ARTICULATE 99. - The home is inviolable. No entrance or registry will be able to be verified without consent of the person who inhabits it or resolution of competent authority. However, it can be levelled off, in case of urgency, to prevent the commission or impunity of crimes or to avoid serious damages to the person or the property. Excepting the cases of urgency, the levelling of the address cannot be verified of the six of afternoon to six in the morning, without bearing responsibility. The Law will determine the requirements and formalities so that the entrance, registry or levelling take place, as well as the responsibilities in which can incur who carries out it
ARTICULATE 100. - All person has right to the privacy and the secret of the communications, in special of the postal, telegraphic and telephone, except for judicial resolution. The personal books and records of the retailers and documents, are solely subject to inspection or control of the competent authority, in accordance with the Law. The communications, the books, records and documents to that the present article talks about, that will be violated or subtracted, will not make faith in judgment. In any case, the secret respect to the subjects strictly deprived will always keep that do not have relation with the subject object of the action of the authority
.ARTICULATE 101. - Honduras recognizes the right of asylum in the form and conditions that the Law establishes. When it comes in accordance with the Law to revoke or not to grant the asylum, in no case is expelled to the persecuted politician or the put in a home one, to the territory of the State that can demand it. The State will not authorize the extradition of criminals by connected political and common crimes
ARTICULATE 102. - No Honduran could be displaced person nor given by the authorities to a foreign State
ARTICULATE 103. - The State recognizes, it foments and it guarantees the existence of the property deprived in his ampler concept of social function and without more limitations than those than by reasons for necessity or public interest it establishes the Law.
ARTICULATE 104. - The right of the property does not harm the eminent dominion of the State.
ARTICULATE 105. - The confiscation of goods is prohibited. The property cannot be limited in form some because of political crime. The right to vindicate the confiscated goods is imprescriptible
ARTICULATE 106. - Nobody can be denied of its property but because of necessity or public interest described by the law or resolution founded on Law, and without previous court indemnification mediation. In case military or inner commotion, he is not indispensable that the indemnification is previous, but the corresponding payment will become, to taking more, two years after concluded the emergency situation
I ARTICULATE 107. - The lands of the State, ejidales, communal or of property deprived, located in the bordering zone to the neighboring States, or in the coast of both seas, an extension of forty (40) kilometers towards the rear area, and those of the islands, sand keys, reefs, escolladeros, rocks, sirtes and banks, could only be acquired in dominion, having and had to any title, by Honduran of birth, societies integrated in their totality, Honduran partners by birth and the institutions of the State under penalty of invalidity of the respective act or contract. Those cases of acquisitions of dominion are excepted, of possession in the coast of both seas, in the islands, sand keys, reefs, escolladeros, rocks, sirtes and banks, when these are destined to projects of tourist development, properly approved by the Executive authority in accordance with a Special Law. They are also excepted of the present disposition, the included/understood urban goods in the limits indicated in pórrafo previous; whose dominion, possession and tenancy will be object of a special legislation. The document inscription is prohibited to the recorders of the property that contravenes these dispositions.. * Modified by Decree 294/1998
ARTICULATE 108. - All author, inventor, producer or retailer will enjoy the exclusive property of his work, invention, mark or commercial name, in accordance with the Law.
ARTICULATE 109. - The taxes will not be confiscated. Nobody is forced to the payment of taxes and other tributes that legally have not been decreed by the National Congress, in ordinary sessions. No authority will apply dispositions in disobedience to this rule without bearing the responsibility that determines the Law
ARTICULATE 110. - No natural person who has the free administration of her goods, can be private of the right to finish to her civil subjects by transaction or arbitration
SEVERAL ADDITIONAL ARTICLES ARE INCLUDED TO ELUCIDATE THE RIGHTS OF SOCIETY, CHILDREN, WORK, SOCIAL SECURITY, MEDICAL CARE, EDUCATION, CULTURE, THE HOME, HABEAS CORPUS, APPEAL AND SUSPENSION OF RIGHTS ALL CONFORMING TO TERMS REQUIRED UNDER THE UNIVERSAL DECLARATION OF HUMAN RIGHTS BUT TOO EXTENSIVE TO BE INCLUDED HERE FOR A COMPLETE SPANISH TEXT OF THESE RIGHTS CLICK HERE
On 20 January 1982, The Constitution of the Republic of Honduras was adopted by the National Constitutional Assembly in accordance with standards set forth by the Universal Declaration of Human Rights as is required for admission consideration in the United Nations. It has been amended numerous times, most recently on 4 May 2005. The following is the extract of those amendments specifically pertaining to human rights. For a full Spanish version of the Honduras Constitution, click here.