AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN
(Adopted by the Ninth International Conference of American
States, Bogotá, Colombia, 1948)
WHEREAS:
The American peoples have acknowledged the dignity of the individual,
and their national constitutions recognize that juridical and political
institutions, which regulate life in human society, have as their
principal aim the protection of the essential rights of man and the
creation of circumstances that will permit him to achieve spiritual and
material progress and attain happiness;
The American States have on repeated occasions recognized that the
essential rights of man are not derived from the fact that he is a
national of a certain state, but are based upon attributes of his human
personality;
The international protection of the rights of man should be the
principal guide of an evolving American law;
The affirmation of essential human rights by the American States
together with the guarantees given by the internal regimes of the states
establish the initial system of protection considered by the American
States as being suited to the present social and juridical conditions, not
without a recognition on their part that they should increasingly
strengthen that system in the international field as conditions become
more favorable,
The Ninth International Conference of American States
AGREES:
To adopt the following
AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN
Preamble
All men are born free and equal, in dignity and in rights, and, being
endowed by nature with reason and conscience, they should conduct
themselves as brothers one to another.
The fulfillment of duty by each individual is a prerequisite to the
rights of all. Rights and duties are interrelated in every social and
political activity of man. While rights exalt individual liberty, duties
express the dignity of that liberty.
Duties of a juridical nature presuppose others of a moral nature which
support them in principle and constitute their basis.
Inasmuch as spiritual development is the supreme end of human existence
and the highest expression thereof, it is the duty of man to serve that
end with all his strength and resources.
Since culture is the highest social and historical expression of that
spiritual development, it is the duty of man to preserve, practice and
foster culture by every means within his power.
And, since moral conduct constitutes the noblest flowering of culture,
it is the duty of every man always to hold it in high respect.
CHAPTER ONE
Rights
- Right to life, liberty and personal security.
- Article I. Every human being has the right to life, liberty and the
security of his person.
- Right to equality before law.
- Article II. All persons are equal before the law and have the rights
and duties established in this Declaration, without distinction as to
race, sex, language, creed or any other factor.
- Right to religious freedom and worship.
- Article III. Every person has the right freely to profess a
religious faith, and to manifest and practice it both in public and in
private.
- Right to freedom of investigation, opinion, expression and
dissemination.
- Article IV. Every person has the right to freedom of investigation,
of opinion, and of the expression and dissemination of ideas, by any
medium whatsoever.
- Right to protection of honor, personal reputation, and private
and family life.
- Article V. Every person has the right to the protection of the law
against abusive attacks upon his honor, his reputation, and his private
and family life.
- Right to a family and to protection thereof.
- Article VI. Every person has the right to establish a family, the
basic element of society, and to receive protection therefor.
- Right to protection for mothers and children.
- Article VII. All women, during pregnancy and the nursing period, and
all children have the right to special protection, care and aid.
- Right to residence and movement.
- Article VIII. Every person has the right to fix his residence within
the territory of the state of which he is a national, to move about
freely within such territory, and not to leave it except by his own
will.
- Right to inviolability of the home.
- Article IX. Every person has the right to the inviolability of his
home.
- Right to the inviolability and transmission of correspondence
- Article X. Every person has the right to the inviolability and
transmission of his correspondence.
- Right to the preservation of health and to well-being.
- Article XI. Every person has the right to the preservation of his
health through sanitary and social measures relating to food, clothing,
housing and medical care, to the extent permitted by public and
community resources.
- Right to education.
- Article XII. Every person has the right to an education, which
should be based on the principles of liberty, morality and human
solidarity.
Likewise every person has the right to an education that will
prepare him to attain a decent life, to raise his standard of living,
and to be a useful member of society.
The right to an education includes the right to equality of
opportunity in every case, in accordance with natural talents, merit and
the desire to utilize the resources that the state or the community is
in a position to provide.
Every person has the right to receive, free, at least a primary
education.
- Right to the benefits of culture.
- Article XIII. Every person has the right to take part in the
cultural life of the community, to enjoy the arts, and to participate in
the benefits that result from intellectual progress, especially
scientific discoveries.
He likewise has the right to the protection of his moral and
material interests as regards his inventions or any literary, scientific
or artistic works of which he is the author.
- Right to work and to fair remuneration.
- Article XIV. Every person has the right to work, under proper
conditions, and to follow his vocation freely, insofar as existing
conditions of employment permit.
Every person who works has the right to receive such remuneration
as will, in proportion to his capacity and skill, assure him a standard
of living suitable for himself and for his family.
- Right to leisure time and to the use thereof.
- Article XV. Every person has the right to leisure time, to wholesome
recreation, and to the opportunity for advantageous use of his free time
to his spiritual, cultural and physical benefit.
- Right to social security.
- Article XVI. Every person has the right to social security which
will protect him from the consequences of unemployment, old age, and any
disabilities arising from causes beyond his control that make it
physically or mentally impossible for him to earn a living.
- Right to recognition of juridical personality and civil
rights.
- Article XVII. Every person has the right to be recognized everywhere
as a person having rights and obligations, and to enjoy the basic civil
rights.
- Right to a fair trial.
- Article XVIII. Every person may resort to the courts to ensure
respect for his legal rights. There should likewise be available to him
a simple, brief procedure whereby the courts will protect him from acts
of authority that, to his prejudice, violate any fundamental
constitutional rights.
- Right to nationality.
- Article XIX. Every person has the right to the nationality to which
he is entitled by law and to change it, if he so wishes, for the
nationality of any other country that is willing to grant it to
him.
- Right to vote and to participate in government.
- Article XX. Every person having legal capacity is entitled to
participate in the government of his country, directly or through his
representatives, and to take part in popular elections, which shall be
by secret ballot, and shall be honest, periodic and free.
- Right of assembly.
- Article XXI. Every person has the right to assemble peaceably with
others in a formal public meeting or an informal gathering, in
connection with matters of common interest of any nature.
- Right of association.
- Article XXII. Every person has the right to associate with others to
promote, exercise and protect his legitimate interests of a political,
economic, religious, social, cultural, professional, labor union or
other nature.
- Right to property.
- Article XXIII. Every person has a right to own such private property
as meets the essential needs of decent living and helps to maintain the
dignity of the individual and of the home.
- Right of petition.
- Article XXIV. Every person has the right to submit respectful
petitions to any competent authority, for reasons of either general or
private interest, and the right to obtain a prompt decision
thereon.
- Right of protection from arbitrary arrest.
- Article XXV. No person may be deprived of his liberty except in the
cases and according to the procedures established by pre-existing law.
No person may be deprived of liberty for nonfulfillment of
obligations of a purely civil character.
Every individual who has been deprived of his liberty has the
right to have the legality of his detention ascertained without delay by
a court, and the right to be tried without undue delay or, otherwise, to
be released. He also has the right to humane treatment during the time
he is in custody.
- Right to due process of law.
- Article XXVI. Every accused person is presumed to be innocent until
proved guilty.
Every person accused of an offense has the right to be given an
impartial and public hearing, and to be tried by courts previously
established in accordance with pre-existing laws, and not to receive
cruel, infamous or unusual punishment.
- Right of asylum.
- Article XXVII. Every person has the right, in case of pursuit not
resulting from ordinary crimes, to seek and receive asylum in foreign
territory, in accordance with the laws of each country and with
international agreements.
- Scope of the rights of man.
- Article XXVIII. The rights of man are limited by the rights of
others, by the security of all, and by the just demands of the general
welfare and the advancement of democracy.
CHAPTER TWO
Duties
- Duties to society.
- Article XXIX. It is the duty of the individual so to conduct himself
in relation to others that each and every one may fully form and develop
his personality.
- Duties toward children and parents.
- Article XXX. It is the duty of every person to aid, support, educate
and protect his minor children, and it is the duty of children to honor
their parents always and to aid, support and protect them when they need
it.
- Duty to receive instruction.
- Article XXXI. It is the duty of every person to acquire at least an
elementary education.
- Duty to vote.
- Article XXXII. It is the duty of every person to vote in the popular
elections of the country of which he is a national, when he is legally
capable of doing so.
- Duty to obey the law
- Article XXXIII. It is the duty of every person to obey the law and
other legitimate commands of the authorities of his country and those of
the country in which he may be.
- Duty to serve the community and the nation.
- Article XXXIV. It is the duty of every able-bodied person to render
whatever civil and military service his country may require for its
defense and preservation, and, in case of public disaster, to render
such services as may be in his power.
It is likewise his duty to hold any public office to which he may
be elected by popular vote in the state of which he is a
national.
- Duties with respect to social security and welfare.
- Article XXXV. It is the duty of every person to cooperate with the
state and the community with respect to social security and welfare, in
accordance with his ability and with existing circumstances.
- Duty to pay taxes.
- Article XXXVI. It is the duty of every person to pay the taxes
established by law for the support of public services.
- Duty to work.
- Article XXXVII. It is the duty of every person to work, as far as
his capacity and possibilities permit, in order to obtain the means of
livelihood or to benefit his community.
- Duty to refrain from political activities in a foreign
country.
- Article XXXVIII. It is the duty of every person to refrain from
taking part in political activities that, according to law, are reserved
exclusively to the citizens of the state in which he is an
alien.
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