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The law assures to all the right that justice will be rendered, and that insufficiency of
resources will not be an obstacle.
• Right to counsel
• Inalienable rights
The State guarantees the plenitude and the inviolability of the rights to defense
before all the jurisdictions and at all the stages of the procedure, including that of the
preliminary investigation, and at the level of the judicial police or of prosecution.
All moral pressure and/or all physical brutality to apprehend a person or to keep
them in detention is prohibited.
• Presumption of innocence in trials
All defendants or accused have the right to the presumption of innocence until their
guilt has been established by a decision of justice becoming definitive.
Preventive detention is an exception.
Article 14
• Freedom of association
• Right to form political parties
Any person has the right to freely constitute associations, under reserve of
conforming themselves to the law.
• Right to form political parties
This same right is recognized for the creation of political parties. The conditions of
their creation are determined by a law on political parties and their financing.
• Prohibited political parties
The associations and the political parties that jeopardize the unity of the Nation and
the republican principles, and that advocate totalitarianism or segregation of ethnic,
tribal or religious character, are prohibited.
The parties and political organizations participate in the expression of the suffrage.
The Constitution guarantees the right of democratic opposition.
After each legislative election, the political groups of the opposition appoint a head
of the opposition. In default of agreement, the head of the political group of the
opposition having obtained the greatest number of the suffrage expressed at the
moment of the vote is considered as the official head of the opposition.
The status of the opposition and of the parties of the opposition, recognized by this
Constitution and giving them notably an institutional framework to express
themselves, is determined by the law.
• Eligibility for head of state
• Eligibility for first chamber
• Eligibility for second chamber
Article 15
Any citizen has the right to be a candidate to the elections specified by this
Constitution, under reserve of the conditions established by the law.
• Duty to obey the constitution
Article 16
In the exercise of the rights and freedoms recognized by this Constitution, all
individuals are held to the duty of respect for the Constitution, the institutions, the
laws and the regulations of the Republic.
SUB-TITLE II: OF THE ECONOMICAL, SOCIAL AND
CULTURAL RIGHTS AND DUTIES
• Right to development of personality
• Human dignity
Article 17
The State protects and guarantees the exercise of the rights that assure the
individual the integrity and the dignity of their person, and their full physical,
intellectual and moral development.
Madagascar 2010
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