GUINEA-BISSAU

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Article 28
(1) Foreigners and expatriates that reside or are in Guinea-Bissau enjoy the same rights and are subject to
the same duties as nationals, with the exception of political rights, holding of public offices and other laws
expressly applicable to nationals.
(2) The holding of public offices can only be granted to foreigners if it is of a technical nature, except when
called for by an international accord or agreement.
Article 29
(1) Fundamental rights enshrined in the Constitution do not negate other rights foreseen by the laws of
the Republic and applicable rules of international law.
(2) Constitutional and legal procedures relating to fundamental rights have to be interpreted in harmony
with the Universal Declaration of Human Rights.
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Article 31
(1) Martial law or a state of emergency can only be declared, in the whole or part of the national
territory, in cases of foreign aggression, grave threat or disturbance of the democratic constitutional
order or political calamity.
(2) The declaration of martial law cannot affect the right to life, integrity and identity, civil capacity and
citizenship, non-retroactivity of penal laws, right to defence of the accused and liberty of conscience
and religion.
(3) The declaration of a state of emergency can only result in the partial suspension of rights, liberties
and guarantees.
Article 32
All citizens have the right of access to judicial organs to seek redress for violations of their constitutionally
recognised rights and the law. Justice cannot be denied on economic grounds.
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Article 34
Everyone has the right to information and judicial protection, in accordance with the law.
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Article 36
(1) In the Republic of Guinea-Bissau the death penalty shall not be applied in any cases.
(2) There shall be life imprisonment for crimes defined by law.
Article 37
(1) The moral and physical integrity of citizens cannot be violated.
(2) No one shall be submitted to torture or to cruel, inhuman or degrading treatment.
(3) In no case shall there be forced labour, nor security measures depriving liberty for unlimited or
indefinite periods.
(4) Criminal responsibility is personal and cannot be passed on.
Article 38
(1) All citizens enjoy the inviolability of their persons.
(2) No one shall be totally or partially deprived of liberty except as a consequence of judicial sentencing,
condemned for acts punishable by law with prison sentencing or the judicial application of security
measures.
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(4) The law cannot be retroactive, unless this is of benefit to the accused.
Article 39
(1) All persons deprived of liberty must be informed immediately of the reasons for their detention.
Restrictions on liberty imposed for reasons contrary to the Constitution and law oblige the state to
indemnify the aggrieved, in accordance with the law.
(2) Imprisonment or illegal detention resulting from an abuse of power confers on the citizen the right to
habeas corpus.
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Article 45
(1) Workers have the freedom to join trade unions as a form of promoting unity, defending their rights
and protecting their interests.
(2) In the exercise of the freedom to join a trade union, the worker is guaranteed, without any
discrimination:
(a) Liberty of establishing, organising and internal rules of associations;

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