Chapter Five: Rights and Liberties

Article (112) Protection of the right to life

Each person has the right to life. The State ensures his protection and takes necessary measures to compensate national and legal residents being victims of cataclysms. State is also responsible of paying blood money of killed people in case the killer is unknown, as regulated by law.

Article (113)Right to drinking and eating

The State ensures to citizens the right to healthy and sufficient drinking and eating. It takes necessary policies to achieve water and food security.

Article (114) Right to health

Health is a right for each person and an obligation of the State and the society. The State ensures to all a comprehensive quality health care as well as prevention and therapeutic services through all stages, according to an adequate solidarity system. It ensures equal geographical distribution of medical facilities. It is prohibited to refrain from offering medical care, in all its forms, to any person in situations of emergencies or danger to life.

Article (115)Right to freedom and safety

Each person has the right to personal freedom and physical, bodily and mental safety. He must not be subjected to scientific and medical experiments but for the sake of his medical care. It is equally prohibited to make material profit from human being and his organs. All should be according to scientific fundaments and conditions stated by law.

Article (116) Security and tranquility

Each person has the right to security and tranquility. The State engages to ensure security and peace of mind for nationals and all residents on its territory.

Article (117) Support to women rights

Women are the sisters of men. The State engages to support women and to enact laws that ensure their protection and enhancing their place in the society and eliminate negative cultural considerations and social customs that detract from their dignity. The State takes all necessary measures to prevent all forms of violence against women. It ensures equal opportunities to them in all fields.

Article (118) Right to litigation

The right to resort to justice is guaranteed for all. Each person has the right to a fair trial before his right judge in a reasonable period and with all guarantees. No administrative decision should be immunized against judiciary control as well as any behavior that detract or threaten rights and liberties.

Article (119) Right to a decent life

1- The State ensures to all citizens a decent life and a well being in a way that is commensurate with its economic conditions.

2- Social security is a right for citizens. The State has to preserve the rights of residents.

3- The society is based on social solidarity and the State ensures care and decent life to indigent elderly people, orphans, widows, divorced women and spinsters.

4- The State ensures the rights of retired people so to guarantee pensions that re commensurate with juridical positions, regardless the date of retirement.

5- The State engages to supply social care and educational attainment for unknown parentage so to ensure their integration into the society and enjoyment of all rights without any discrimination. Their conditions are to be organized by law to achieve this objective.

6- With consideration to paragraph 2 of Article 11 and except for political rights, children of Libyan women enjoy all rights enjoyed by Libyan citizen.In all cases, the State sets necessary rules to achieve cooperation and social solidarity between citizens.

Article (120)Principle of criminal legality and presumption of innocence

Crimes are classified into felonies, misdemeanors and infractions. Felonies and misdemeanors are only set by law. There is no liberty depriving penalty in infractions. No sanctions but for acts that are subsequent to the entry into force of the law. Penalty is personal and proportional to crime and perpetrator. One is innocent until proven guilty.

Article (121) Human dignity

The State engages to preserve human dignity, to combat torture and enforced disappearance and to prevent subjecting crimes related to them to the statute of limitation. It prohibits all forms of trafficking in human beings and all degrading treatment as well as enforced work unless for necessity or as an execution of a penalty.

Article (122) Displacement

All forms of enforced displacement are prohibited and the State ensures compensation for it and the right of repatriation.

Article (123) Crimes against Humanity

All types of behavior that constitute crimes against humanity, war crimes and genocide are prohibited and they cannot be amnestied and cannot be subjected to the statute of limitation, so not to violate the provisions of the Constitution.

Article (124) Procedural guarantees

Each person has the right to respect his human dignity in all penal procedures. The competent authorities shall justify their instructions that detract rights and liberties. No detention but in dedicated places and for legally limited period that fits the charge, with reporting to competent judiciary authority and to the detainee’s family or the person he chooses, giving the exact place of detention. The detainee should have enough time and help to prepare his defense, informing him of his right not to be obliged to present a proof against himself and of his liability for all what he declares and his right to nominate a lawyer and contact him and to use a translator.

Article (125) Deprivation of liberty

There is no resort to deprivation of liberty unless other alternative measures or punishments get insufficient. The one who gets deprived from his liberty, for preventive reason or as a ruling execution, has, in case there is a dismissal of the charge or a rule of innocence for not committing the crime, the right to get an adequate compensation.

Article (126)inviolability of private life

Private life is inviolable and it is prohibited to enter private places but for necessity and they should not be searched except for cases of flagrante delicto or judiciary orders. It is equally prohibited to detract personal data or to subject communications and correspondences to control unless with an authorization from competent judge.

Article (127) Intellectual property

The State preserves moral and material rights of the Intellectual property in all its forms and in all fields. It works on supporting this property according to law specification.

Article (128) Right to Education

Education is a preserved right for which the State is engaged to improve the value. It equally engages to offer it to every citizen following his mental and scientific capacities, without any distinction. Education is compulsory until the age of eighteen and it is free, for all its phases, in public education institutions. The State supports private education and ensures its respect of public educational policies. The State equally ensures the inviolability of educational institutions.

Education curricula are based on quality and Islamic religion precepts and ideals. They profit from human experiences and act on establishing the concepts of citizenship, social cohesion, peaceful cohabitation and teaching of human rights and fundamental liberties.

Article (129)University Education and Scientific Research

The State takes the necessary measures to ensure the autonomy of universities and research centers, granting them competitiveness and academic liberty following the general national criteria. The right of admission in not restricted but by scientific capacity that fits the major.

The State engages to take necessary steps to develop scientific research and to provide it with institutional frameworks. It ensures researchers’ rights and supports invention and innovation and takes care of creators, talented and inventors giving them means to demonstrate and develop their skills.

Article (130) Technical Education

The State engages to encourage and promote technical education following requirements of development.

Article (131)Priority of Education and Scientific Research

Priority is granted to education, in all its phases, and to scientific research in the portions of distribution of national income, in a growing way to meet international criteria.

Article (132)Right of Expression and publication

Freedom of speech and its probity are inseparable. The State ensures the right  of  expression  and  publication  and  takes  necessary  measures  to preserve private life and to prohibit defamation and libel, speech of hate, violence, racism, excommunication and imposing ideas by force.

Article (133) Freedom of Press and Media

The State guarantees freedom of Press and Media and their pluralism and independence beside the right of the citizen to own their means. This freedom is organized following the fundaments of a democratic society and Libyan specificity. It is prohibited to censure press and media without a judicial order and to dissolve them without a judicial decision. Preventive custody is not allowed in press cases.

Article (134)National Languages and Cultures

Each person has the right to use and learn national languages and participate, individually or collectively, in cultural life. The State works on preserving national languages and offering necessary means to learn them and to use them in media. It also ensures protection of local cultures and traditional knowledge, literatures and arts and their promotion as well as dissemination of cultural services.

Article (135)Referenda, candidature and election

Each citizen has the right to express his opinion in referenda and in free, fair and transparent elections in which all citizens are equal in conformance with law. It is prohibited to prevent the citizen from participation but with a judicial decision.

Article (136)Freedom to form political parties

Each citizen has the right to choose his political positions. The State ensures freedom   to form political parties based on national unity, transparency of funding and renunciation of violence and hatred speech. Each citizen has the right to adhere to parties or withdraw from them without any distinction.

Article (137) Occupation of public positions

Public positions shall be occupied Libyan citizens following criteria of merit. Law states salaries of employees according to standards of competence, responsibility, career progression and requirements of decent life.

Article (138) Civil Society

The State guarantees freedom to form Civil Society organizations and to adhere to them following criteria of balance between requirements of independence and transparency. These organizations cannot be closed but with a judicial order or dissolved but with a judicial decision.

Article (139) Right of participation

The State guarantees to citizens and civil society, in their field of activity, the right   of democratic participation, through introduction of motions or legislative proposals according to a regulation law to be promulgated for this purpose.

Article (140)Right to meet, gather and demonstrate

The State guarantees to right to peacefully meet, gather and demonstrate. It takes the necessary steps to protect persons and properties and does not make use of force but for necessity and in its minimum limit.

Article (141) Right to work

Each citizen has the right to work, in safe and healthy conditions, choosing its type and fair conditions, with guarantee of syndicate rights. The State ensures the valorization of work and supply of opportunities to unemployed.

Article (142) Right to initiative

Te State ensures the right to initiative within free competition and preventing monopolizing practices and with commitment not to prejudice others or to detract society’s interest.

Article (143) Private property

Private property is a preserved right. It cannot be put under custody but by a judicial rule according to cases stated by law. There is no expropriation except for public interest and with fair compensation. In cases other than emergencies and martial law, compensation is made in advance. It cannot be seized but with a judicial rule. Public expropriation is prohibited.

Article (144)Right of Movement and Residence

The State guarantees to all citizens the right of movement and residence, transportation of properties and freedom of economic activity all over the country, freedom of travel and provisional and permanent migration. Travel may not be prevented but by a judicial decision. It is prohibited to deport any citizen or to prevent him from returning to his country. It is equally prohibited to deliver any citizen but following an international engagement.

Article (145)Right to live in a healthy Environment

The State guarantees the right of individual to live in healthy Environment and ensures the protection and development of Environment, exploiting its resources according to requirements of ecological balance and safety. It ensures the compensation, by the responsible perpetrators, of caused damages.

Article (146) Children Rights

The State takes all necessary measures for children enjoyment of their full rights and to protect them against any situations that endanger his interests, education and development. It bases its legislations and policies on his best interests.

Article (147) Rights of Disabled

The State engages to guarantee the disabled rights in field of health, social, educational, economic and entertainment services, to protect them and to establish necessary institutional framework to satisfy their needs. It equally works on creating adequate work conditions for them and on developing their surrounding environment, taking all necessary means for their full and efficient integration into the society.

Article (148) Rights of Aliens

Foreigners legally resident have the right to own a home for them and their families according to reciprocity principle or in cases stated by law. It is prohibited to collectively or arbitrarily deport them. It is also prohibited to deliver charged and sentenced foreigners in case they are expected to be tortured, with respect to legal guarantees.

When deporting aliens or delivering them or issuing visas and residence permits, the State engages to take into account the interests of Libyan husband, wife and children.

Article (149)Rights of Libyan living abroad

The State takes the necessary steps to protect and support Libyan nationals living abroad and to ensure their link to the homeland and their participation in elections and contribution into development. It also follows up violations of their rights and extends competence of Libyan justice to cover them.

Article (150) Transparency and right to information

The State takes the necessary measures for granting transparency and ensuring freedom of information reception, transfer, exchange and learning from varied sources, preserving military and public security confidential information and requirements of justice administration and protection of private life, as well as information convened with another State to be kept confidential. The right to protect the source of information is granted.

Article (152)Establishment of legislative and executive policies

All legislative and executive policies and development programs are based on protection and promotion of Human Rights. The State subjects its legislations and policies in this matter to periodic review, publishing review fundaments and results in the Gazette.

Article (151)Regulations of restrictions on rights and freedoms

Any restriction on rights and freedoms must be necessary, clear, precise and commensurate with the protected interest and in respect to characteristics of the democratic society, without violation of Article seven. It is prohibited to give up legal guaranties so not violate the provisions of this Constitution.

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