PART II - RIGHTS, DUTIES AND FREEDOMS OF CITIZENS I SUBTITLE: RIGHTS AND FREEDOMS
Art. 10: Every human being carries with it inalienable and Imprescriptible. The safeguarding of these rights is the purpose of all Human community. The State has an obligation to respect them, Secure and protect them. They may enjoy the rights guaranteed by this Constitution to the extent that these rights are compatible with their Nature.
Art. 11: All human beings are equal in dignity and rights. Men and women are equal before the law. No person shall be favoured or disadvantaged because of its origin, Family, ethnic or regional origin, economic status or social, Political beliefs, religious, philosophical or other.
Art. 12: Every human being has the right to development, The physical, intellectual, moral and cultural development of its Person.
Art. 13: The State has the obligation to guarantee the physical and mental integrity, The lives and safety of everyone living in the national territory. No one shall be arbitrarily deprived of his freedom or his life.
Art. 14: The exercise of the rights and freedoms guaranteed by this Constitution may be submitted only restrictions expressly Prescribed by law and are necessary to protect national security, Of public order, public health, morals or the freedoms and Fundamental rights of others.
Art. 15: No one shall be arbitrarily arrested or detained. Whoever Was arrested without a legal basis or held beyond the period of custody May, upon its request or that of any interested party, with the body Judicial designated for that purpose by law. The judiciary decide without delay on the legality or propriety of its Detention.
Art. 16: Every defendant or prisoner must receive treatment Preserves their dignity and their physical and mental health and that helps her Social reintegration. No one has the right to prevent a defendant or a prisoner to be Examined by a doctor of his choice. Every accused person has the right to be assisted by counsel at the stage of The preliminary investigation.
Art. 17: Any person who is arrested has the right to be immediately Informed of the charges against him.
Art. 18: Every defendant or accused person is presumed innocent until His guilt has been established as a result of a trial which offers the Guarantees necessary for his defence. The judiciary, the guardian of individual liberty, enforces Of this principle under the conditions prescribed by law.
Art. 19: Everyone has the right in all cases to have his case Fairly heard and decided within a reasonable time by an Independent and impartial court. No person may be convicted for acts that were not a Offence at the time they were committed. Except as provided by law, no one can be harassed or Convicted of charges against others. Damages caused by an error of justice or those resulting from Improper operation of the administration of justice gave rise Compensation to be paid by the state, according to the law.
Art. 20: No one shall be subjected to control measures or Security except as provided by law.
Art. 21: The human person is sacred and inviolable. No one shall be subjected to torture or other forms of treatment Cruel, inhuman or degrading. No one can evade the penalty as a result of these violations Citing an order from a superior officer or a public authority. Any individual or agent of the State guilty of such acts, either on his Own initiative or on instructions will be punished according to law. Any individual or agent of the State shall be relieved of the duty of obedience When the question is a serious and manifest compliance Human rights and public freedoms.
Art. 22: Every citizen of Togo has the right to move freely and Settle in the national territory at any place of his choice in the Conditions specified by law or local custom. No Togolese may be deprived of the right to enter or to leave Togo. Any foreigner in a regular situation in Togolese territory, which Conform to the laws in effect a freedom of movement, to choose her Residence and the right to leave freely.
Art. 23: A foreigner can be expelled or extradited from the territory Togolese only by a decision in accordance with law. It must be Opportunity to defend his case before the judicial authority Competent.
Art. 24: No Togolese may be extradited from the national territory.
Art. 25: Everyone has the right to freedom of thought, conscience, Religion, religion, opinion and expression. The exercise of these rights And Freedoms is in compliance with the freedom of others, public order and The standards established by the law and regulations. The organization and practice of religious beliefs exercised Freely in accordance with the law. It is the same orders Philosophical. The exercise of worship and expression of beliefs are in compliance Of the secular government. The religious denominations have the right to organize and exercise Freely in accordance with the law.
Art. 26: Freedom of the press is recognized and guaranteed by the state. It is Protected by law. Everyone has the freedom to express and disseminate through speech, writing or Otherwise, his or her opinions and the information it holds, Within the limits defined by law. The press can not be subject to prior authorization, Bail, censorship or other barriers. The ban Distribution of any publication may be imposed except by virtue of a Ruling.
Art. 27: The right to property is guaranteed by law. There can be worn Achieved for the public legally proven and after Fair and prior compensation. Nobody can be entered his property except by virtue of a decision A judicial authority.
Art. 28: The home is inviolable. It can be searched or visited in the police Forms and conditions laid down by law. Every citizen has the right to respect for his private life, his honor, his Dignity and its image.
Art. 29: The State shall guarantee the confidentiality of correspondence and Telecommunications. Every citizen has the right to confidentiality of correspondence and Communications and telecommunications.
Art. 30: The State recognizes and guarantees under the conditions laid down by law, The exercise of the freedoms of association, assembly and demonstration Peacefully and without instruments of violence. The State recognizes private education religious and secular.
Art. 31: The State has the obligation to ensure the protection of marriage and Family. Parents have a duty to provide maintenance and education Their children. They are supported in this task by the State. The children, whether born in or out of wedlock are entitled At the same family and social protection.
Art. 32: The Togolese nationality law is attributed to children born Of a father or mother of Togo. Other cases of granting nationality are regulated by law.
Art. 33: The state makes or for people Disabled and the elderly of measures to Them from the social injustices.
Art. 34: The State recognizes citizens' right to health. It works to the Promote.
Art. 35: The State recognizes the right to education of children and creates Favourable conditions for this purpose. School is compulsory for children of both sexes under the age of Fifteen (15) years. The State shall gradually free public education.
Art. 36: The State shall protect the youth from any form of exploitation or Manipulation.
Art. 37: The State recognizes that every citizen the right to work and tries To create the conditions for realization of this right. It ensures every citizen equal opportunity in employment and guarantees Every worker a fair and adequate remuneration. No one may be prejudiced in his work because of his sex, his Origins, beliefs or opinions.
Art. 38: He is known to citizens and the local authorities Entitled to an equitable redistribution of national wealth by the state.
Art. 39: The right to strike is recognised for workers. It takes place in The framework of the laws governing it. Workers may form trade unions and join the Unions of their choice. Any worker can defend, under the conditions prescribed by law, Its rights and interests, either individually or collectively, or by Union action.
Art. 40: The State has the duty to safeguard and promote the National cultural heritage.
Art. 41: Everyone has the right to a healthy environment. The State ensures Environmental protection.
Little is known of the early culture of Togo however it is generally accepted that migrations of Ewe from Nigeria and Benin and Mina and Guin from Ghana took place between the 11th and 16th Centuries CE settling mostly in the coastal region. Portuguese explorers arrived in the 15th Century and a vigorous slave trade ensued in the 16th Century with the Mina the greatest beneficiaries of the trade in the neighboring states earning Togo the dubious title of "the Slave Coast." Togo was rendered a German Protectorate in 1884. French and English forces invaded on 8 August 1914 forcing a surrender by Germany by August 26 and a division of the land into League of Nation Protectorates by France and England. Following world War II, Togo became a United Nations Trust Land administered by the United Kingdom and France, however, in 1955, French Togoland became an autonomous republic of France and in 1956, the residence of British Togoland voted to be added to the new state of Ghana. On 27 April 1960, French Togoland achieved full independence from France, renaming itself the Togolese Republic and promulgating a new Constitution in 1961. The present constitution was adopted on 27 September 1992. It was last amended on 31 December 2002. Human rights are enumerated beginning with Part II (Rights, Duties and Freedoms of Citizens), conform with the 1948 Universal Declaration of Human Rights of which Togo is a signatory and are detailed below. There is no full official English translation of Togo's Constitution, however, for the official French version, click here.