Political Constitution Bolivian's State

8/9/2019 Political Constitution Bolivian's State

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POLITICAL CONSTITUTION OF BOLIVIANS STATE PLURINATIONAL


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In ancient times mountains were erected, moved rivers, lakes were formed. Our Amazon,our chaco, our highlands and our plains and valleys were covered with greenery andflowers. Populate this sacred Mother Earth with different faces, and we knew since thenthe current plurality of all things and our diversity as individuals and cultures. So settle ourpeople, and never understood racism until we suffer from the dismal days of the colony.

The Bolivian people, plural composition, from the depths of history, inspired by thestruggles of the last Indian uprising in the colonial, independence, in the liberationstruggles in the indigenous-led protests, social and trade union in water wars and October,in the struggles for land and territory, and the memory of our martyrs, we build a new state.

A state based on respect and equality among all, with principles of sovereignty, dignity,complementarity, solidarity, harmony and equity in the distribution and redistribution ofsocial product, which dominate the search for living well, with respect to the pluralityeconomic, social , legal, political and cultural life of the inhabitants of this land in collectiveliving with access to water, labor, education, health and housing for all.

We leave in the past the colonial state and neo-liberal Republican. We assume thehistorical challenge of building collectively Social Unitary State Community Plurinationallaw, which integrates and articulates the purposes Bolivia move towards a democratic,productive, and inspiring bearer of peace, committed to the holistic development and self-determination of peoples.

We, women and men, through the Constituent Assembly and with the power from thevillage, we express our commitment to the unity and integrity of the country.

Fulfilling the mandate peoples, strength of our Mother Earth and thank God, submittedBolivia.

Honor and glory to the martyrs of the war of liberating the component and which havemade possible this new story.EVO MORALES AYMACONSTITUTIONAL PRESIDENT OF THE REPUBLIC

Whereas, the Bolivian people through referendum dated January 25, 2009, approved thedraft Constitution of the State, presented to H. National Congress for the ConstituentAssembly on December 15, 2007 with the settings set by the H. National Congress. By the

will of the sovereign is proclaimed as follows:State Constitution

FIRST PARTFUNDAMENTAL BASIS OF STATE RIGHTS, DUTIES AND GUARANTEES

PART I


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FUNDAMENTAL BASIS OF STATE

CHAPTERFIRST STATE MODEL

ARTICLE 1 .-Bolivia becomes a Unitary State Social Community Plurinational Law, free, independent,sovereign, democratic, intercultural, decentralized and autonomous. Bolivia is based onpluralism and political pluralism, economic, legal, cultural and linguistic integration processwithin the country.

ARTICLE 2 .-Given the pre-colonial existence of nations and peoples of indigenous origin and theirancestral domain peasants on their lands, self-determination is guaranteed under thestate's unity, which is their right to autonomy, self-government, their culture, recognition oftheir institutions and the consolidation of its territorial units, under this Constitution and the

law.

Article 3 .-The Bolivian nation is made up of all the Bolivians and the Bolivian people, nations andpeoples of indigenous origin peasants, and intercultural and Afro-Bolivian communitiesthat together constitute the Bolivian people.

Article 4 .-The State respects and guarantees freedom of religion and spiritual beliefs, according totheir worldviews. The State is independent of religion.

ARTICLE 5 .-I. The official languages of the Castilian state and all the languages of nations and peoplesof indigenous origin peasants, who are the Aymara, Araona, Baur, Besir, Canichana,Cavineo, Cayubaba, Chacobo, chiman, that ejja, Guarani, guarasu'we, Guarayu,Itonama, Leco, machajuyai-kallawaya, machine, Maropa, wet-Trinitarian, wet-Ignatian,More, Mosetn, Movima, pacawara, puquina, Quechua, Siriono, Tacana, Tapiete,Toromona, Uru-Chipaya, Weenhayek, Yaminawa, yuki, Yuracare and Zamuco.

II. The multinational and government departmental governments must use at least twoofficial languages. One of them should be Castilian, and the other will be decided takinginto account the use, convenience, circumstances, needs and preferences of thepopulation as a whole or the territory in question. Other autonomous governments shoulduse their own languages in their territory, and one of them must be the Castilian.


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ARTICLE 6 .-I. Sucre is the capital of Bolivia.

II. State symbols are the tricolor red, yellow and green, the Bolivian national anthem, thecoat of arms, the wiphala, the Rosette, the flower and the flower kantuta Patuj.

CHAPTER TWOPRINCIPLES, VALUES AND AIMS OF STATE

ARTICLE 7 .-Sovereignty belongs to the Bolivian people is exercised directly and delegated. Emanatingtherefrom shall be delegated the functions and powers of public bodies, is inalienable andindefeasible.

ARTICLE 8 .-I. The State assumes and promotes as ethical and moral principles of a plural society:

qhilla loves, loves Coal, suwa love (do not be lazy, do not lie or steal), sum qamaa (livewell), andereko (harmonious life), Teko kavi (good life), ivi maraei (land without evil) andQhapaj nan (road or noble life.)

II. The State is based on the values of unity, equality, inclusion, dignity, freedom, solidarity,reciprocity, respect, complementarity, harmony, transparency, balance, equalopportunities, social and gender equity in participation, common welfare, responsibility,social justice, distribution and redistribution of goods and social goods, to live well.

ARTICLE 9 .-

The aims and functions of the State, in addition to those established by the Constitutionand the law:

1. Establishing a just and harmonious society, founded in decolonization, withoutdiscrimination or exploitation, with full social justice to consolidate multi identities.

2. Ensure the welfare, development, security and protection and equal dignity ofindividuals, nations, peoples and communities, and foster mutual respect and dialogueintracultural, intercultural and multilingual.3. Reaffirm and strengthen the unity of the country, and preserved as historical and human

heritage multinational diversity.4. Ensure compliance with the principles, values, rights and duties established in thisConstitution.5. Guarantee access for persons to education, health and work.6. Promote and ensure responsible use and planned use of natural resources and promotetheir industrialization, through the development and strengthening the productive base indifferent dimensions and levels as well as environmental conservation, for the welfare of


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generations present and future.

ARTICLE 10 .-I. Bolivia is a pacifist state, which promotes a culture of peace and the right to peace andcooperation among the peoples of the region and the world, in order to contribute to

mutual knowledge, to equitable development and the promotion of multiculturalism, whilefully respecting the sovereignty of states.

II. Bolivia rejects any war of aggression as a means of solving disputes and conflictsbetween states and reserves the right to self-defense in case of aggression thatcompromises the independence and integrity of the state.

III. It prohibits the installation of foreign military bases in Bolivia.

CHAPTER THREESYSTEM OF GOVERNMENT

ARTICLE 11 .-I. The Republic of Bolivia adopts democratic form of government participation, andcommunity representative, with equivalence of conditions between men and women.

II. Democracy is exercised in the following ways, to be developed by law:

1. Direct participation, through the referendum, the legislative initiative of citizens, therecall, the assembly, the council and consultation. The assemblies and councils will have adeliberative under Act

2. Representative, through the election of representatives by universal, direct and secret,according to Law3. Community, through the election, appointment or nomination of officers andrepresentatives by rules and procedures of the nations and peoples of indigenous originpeasants, among others, according to Law

ARTICLE 12 .-I. The State is organized and structured their public through the Legislative, Executive,Judicial and Electoral. The state organization is founded on independence, separation,coordination and cooperation of these bodies.

II. Are state functions of Control, the Defense Society and the State Defense.III. The functions of public bodies can not be united into one body or are delegated to eachother.PART IIFUNDAMENTAL RIGHTS AND GUARANTEES

CHAPTER ONE


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GENERAL PROVISIONS

ARTICLE 13 .-I. The rights granted by this Constitution are inviolable, universal, interdependent,indivisible and progressive. The State has the duty to promote, protect and respect them.

II. The rights proclaimed in this Constitution shall not be construed as a denial of otherrights not listed.

III. The classification of the rights established in this Constitution does not determine anyhierarchy or superiority of some rights over others.

IV. The treaties and conventions ratified by the Legislature Plurinational that recognizehuman rights and prohibit their limitation in states of emergency prevailing in the domestic.The rights and duties enshrined in this Constitution shall be construed in accordance withinternational human rights treaties ratified by Bolivia.

ARTICLE 14 .-I. Every human being has legal personality and capacity under the laws and enjoy therights recognized by this Constitution, without distinction.

II. The State prohibits and punishes all forms of discrimination on grounds of sex, color,age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language,religion, ideology, political or philosophical affiliation, marital status, economic or social,occupation, education level, disability, pregnancy, or others that have the purpose or effectof nullifying or impairing the recognition, enjoyment or exercise, on equal rights of every

person.

III. The State guarantees all persons and communities without any discrimination, free andeffective exercise of the rights established in this Constitution, laws and internationalhuman rights treaties.

IV. In the exercise of rights, nobody will be forced to do what the Constitution and laws donot command, nor be deprived of what they do not prohibit.

V. Bolivian law apply to all persons, natural or juridical, Bolivian or foreign, in Bolivia.

VI. The foreigners and aliens in the Bolivian territory have the rights and must fulfill theobligations established in the Constitution except the restrictions it contains.

CHAPTER TWOFUNDAMENTAL RIGHTS

ARTICLE 15 .-


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I. Everyone has the right to life and physical integrity, psychological and sexual. No oneshall be tortured or suffer cruel, inhuman, degrading or humiliating. There is no deathpenalty.

II. All people, especially women, are entitled to freedom from physical, sexual or

psychological, in the family and in society.

III. The State shall take the necessary measures to prevent, suppress and punish gender-based violence and generational and any act or omission intended to degrade the humancondition, cause death, pain and suffering physical, sexual or psychological, both in thefield public and private.

IV. No person shall be subjected to enforced disappearance by reason or circumstance.

V. No person shall be subjected to servitude or slavery. It prohibits the sale and traffickingof persons.

ARTICLE 16 .-I. Everyone has the right to water and food.

II. The State has an obligation to ensure food security through a healthy diet, adequateand sufficient for the whole population.

ARTICLE 17 .-Everyone has the right to receive education at all levels so universal, productive, free,integrated and intercultural without discrimination.

ARTICLE 18 .-I. Everyone has the right to health.

II. The State guarantees the inclusion and access to the health of all people, withoutexclusion or discrimination.

III. The single health system is universal, free, equitable, intracultural, intercultural,participatory, quality, warmth and social control. The system is based on the principles of

solidarity, efficiency and responsibility and develops through public policies at all levels ofgovernment.

ARTICLE 19 .-I. Everyone has the right to adequate housing and habitat, to dignify the family andcommunity life.


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II. The State, at all levels of government, plans to promote social housing, throughadequate funding, based on the principles of solidarity and equity. These plans will beused in preference to low-income families, disadvantaged groups and rural areas.

ARTICLE 20 .-I. Everyone has the right to universal and equitable access to basic services of potablewater, sewage, electricity, domestic gas, postal and telecommunications.

II. It is the responsibility of the State, at all levels of government, the provision of basicservices through public entities, joint ventures, cooperatives or community. In the case ofelectricity, domestic gas and telecommunications may provide service through contractswith private enterprise. The provision of services must meet the criteria of universality,accountability, accessibility, continuity, quality, efficiency, effectiveness, fair and necessarycoverage rates, with participation and social control.

III. Access to water and sanitation are human rights, are not concession or privatizationand are subject to licensing and registrations, according to law.

CHAPTER THREECIVIL AND POLITICAL RIGHTS

SECTION ICIVIL RIGHTS

ARTICLE 21 .-The Bolivia and Bolivians have the following rights:

1. A cultural self-identification.2. For privacy, privacy, honor, honor, self-image and dignity.3. A freedom of thought, spirituality, religion and worship, expressed individually orcollectively, in public or private, lawful purposes.4. A freedom of assembly and association, publicly and privately, for lawful purposes.5. To freely express and disseminate thoughts or opinions by any means ofcommunication, oral, written or visual, individually or collectively.6. To access the information, interpret, analyze, and communicate freely, individually orcollectively.

7. A freedom of residence, stay and movement in all of Bolivia, including entry and exit ofthe country.

ARTICLE 22 .-The dignity and freedom of the individual are inviolable. Respect and protect them is aprimary duty of the state.


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ARTICLE 23 .-I. Everyone has the right to liberty and personal security. Personal freedom may berestricted only within the limits prescribed by law, to ensure the discovery of historical truthin the performance of the jurisdictions:

II. Taxation shall be avoided teens custodial measures. Any adolescent who is deprived ofliberty shall receive preferential treatment from the judicial authorities, administrative andpolice. They must ensure at all times respect for their dignity and condition of anonymity.The detention must be met in rooms other than those assigned for adults, taking intoaccount the needs of their age.

III. No one shall be arrested, imprisoned or deprived of his liberty save in the cases andaccording to the procedures established by law. The execution of the warrant require thatthis be issued by competent authority and which is issued in writing.

IV. Anyone who is found in flagrante delicto may be apprehended by any other person,even without a warrant. The only purpose of the arrest will be his driving before thecompetent judicial authority, who must resolve their legal status within a maximum periodof twenty-four hours.

V. The moment a person is deprived of his liberty shall be informed of the reasons for hisdetention is necessary, as well as the report or complaint made against him.

VI. Those responsible for the detention centers must keep track of detainees. Not receivea copy to any person without the warrant for registration. Failure to comply will result in

prosecution and penalties provided by law.

ARTICLE 24 .-Everyone has the right to petition individually or collectively, whether oral or written, andobtaining formal and prompt response. To exercise this right does not require additionalrequirement that the identity of the applicant.

ARTICLE 25 .-I. Everyone has the right to inviolability of his home and the privacy of privatecommunications in all its forms, without judicial authorization.

II. Correspondence are inviolable, private papers and private events contained in anymedium, they may not be seized except in cases specified by law for criminalinvestigation, under the written order and reasoned judicial authority.

III. No public authority or person or organization may intercept private conversations orcommunications by installing the control or centralize.


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IV. The information and evidence obtained in violation of correspondence andcommunications in any form will not produce any legal effect.

SECTION IIPOLITICAL RIGHTS

ARTICLE 26 .-I. All citizens and citizens have the right to freely participate in the training, exercise andcontrol of political power, directly or through their representatives, and individually orcollectively. Participation will be fair and equal conditions between men and women.

II. The right to participation include:

1. The organization for the purpose of political participation, under the Constitution and thelaw.2. Suffrage, through equal, universal, direct, individual, secret, free and compulsory,

publicly scrutinized. Suffrage shall be exercised after eighteen years of age.3. Where democracy is practiced community, electoral processes are exercised pursuantto rules and procedures as supervised by the Electoral Body, provided that the electoralact is not subject to equal, universal, direct, secret, free and compulsory.4. The election, appointment or direct appointment of the representatives of nations andpeasant peoples of indigenous origin, in accordance with its rules and procedures.5. The audit of the acts of the public.

ARTICLE 27 .-I. The Bolivia and Bolivians living abroad are eligible to participate in elections forPresident and Vice President of the State, and the other established by law. The right isexercised through the registration and registration by the Electoral Body.

II. The foreigners and foreigners residing in Bolivia have the right to vote in municipalelections, according to law, applying principles of international reciprocity.

ARTICLE 28 .-The exercise of political rights are suspended in the following cases, with conviction, whilethe penalty has not been accomplished:

1. To take arms and military service in wartime enemy.2. For theft of public resources.3. For treason.

ARTICLE 29 .-I. Accorded to foreign and foreigners the right to request and be granted asylum or refuge


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for political or ideological persecution, in accordance with the laws and internationaltreaties.

II. Anyone who has been granted asylum or refugee status in Bolivia will not be expelled ordelivered to a country where their life, integrity, security or freedom would be threatened.

The State shall so positive, humane and expeditious family reunification applicationssubmitted by parents or child asylum seekers or refugees.

CHAPTER FOURRIGHTS OF INDIGENOUS PEOPLES AND NATIONS ORIGINATING FARMERS

Article 30 .-I. It's nation and the indigenous people throughout the human collective farmer who sharescultural identity, language, historical traditions, institutions, territoriality and world view,whose existence predates the Spanish colonial invasion.

II. In the framework of the unity of the State and in accordance with this Constitutionnations and peoples of indigenous origin farmers enjoy the following rights:

1. To be free.2. A cultural identity, religious belief, spirituality, practices and customs, and their ownworldview.3. In that cultural identity of each of its members, if desired, be registered with Boliviancitizenship in his identity card, passport or other valid identification documents4. A self-determination and territoriality.5. In that their institutions are part of the overall structure of the state.6. A collective title to lands and territories.7. For the protection of sacred sites.8. To create and manage systems, media and communication networks themselves.9. To their knowledge and traditional knowledge, their traditional medicine, their language,their rituals and their symbols and clothing are valued, respected and promoted.10. They also want a healthy environment with proper management and use ofecosystems.11. A collective intellectual property of their knowledge, science and knowledge, and theirvaluation, use, promotion and development.12. A cross-cultural education, intercultural and multilingual education throughout the

system.13. The system of universal free health care that respects their worldview and practices.14. The exercise of their political, economic and legal according to their worldview.15. To be consulted through appropriate procedures, in particular through its institutions,whenever consideration is being given to legislative or administrative measures which mayaffect them. In this context, respect and guarantee the right to compulsory priorconsultation conducted by the State, in good faith and agreed with respect to the


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exploitation of nonrenewable natural resources in the territory they inhabit.16. To participate in the benefits of the exploitation of natural resources in their territories.17. A self-management of indigenous territories, and exclusive use and exploitation ofrenewable natural resources within their territories without prejudice to the rightslegitimately acquired by third parties.

18. To participate in the bodies and institutions.

III. The State guarantees, respects and protects the rights of nations and peoples ofindigenous origin farmers enshrined in the Constitution and the law.

ARTICLE 31 .-I. Nations and indigenous peoples originating in danger of extinction in voluntary isolationand not contacted, will be protected and respected in their individual lifestyles andcollective.

II. Nations and indigenous peoples in isolation and have not contacted the right to remainin that condition, the demarcation and legal consolidation of the territory they occupy andinhabit.

Article 32 .-The Afro-Bolivian people has, so far as appropriate, of economic, social, political andcultural rights enshrined in the Constitution for the nations and peoples of indigenousorigin peasants.CHAPTER FIVESOCIAL AND ECONOMIC RIGHTS

SECTION IENVIRONMENTAL LAW

ARTICLE 33 .-People have a right to a healthy environment, protected and balanced. The exercise of thisright should enable individuals and communities for present and future generations, andother living things, develop normally and permanently.

ARTICLE 34 .-

Any person, individually or on behalf of a community is empowered to exercise the legalactions in defense of environmental rights, without prejudice to the obligation of publicinstitutions to act ex officio against attacks on the environment.

SECTION IIRIGHT TO HEALTH AND SOCIAL SECURITY


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Article 35 .-I. The State, at all levels, protect the right to health by promoting public policies aimed atimproving the quality of life and collective well-being of the population free access to healthservices.

II. The health system is unique and includes the traditional medicine of nations andpeoples of indigenous origin peasants.

Article 36 .-I. The State shall guarantee access to universal health insurance.

II. The State will monitor the performance of public services and private health, asregulated by law.

Article 37 .-The state has an inescapable obligation to ensure and uphold the right to health,establishing a supreme role and primary financial responsibility. Be prioritized healthpromotion and disease prevention.

ARTICLE 38 .-I. Pblicos.de goods and services are state-owned health, and may not be privatized orconcession.

II. Health services will be provided without interruption.

ARTICLE 39 .-I. The State shall guarantee the public health service and recognizes the private healthservice; regulate and monitor quality care through sustainable medical audits to assess thework of its staff, infrastructure and equipment in accordance with the law.

II. The law punished the negligent acts or omissions in the performance of medicalpractice.

Article 40 .-The State shall guarantee the participation of organized groups in making decisions and in

managing the entire public health system.

ARTICLE 41 .-The State shall guarantee the population access to medicines.

II. The State will give priority to generic drugs by promoting domestic production and,where appropriate, determine its import.


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III. The right of access to medicines can not be restricted by intellectual property rights andmarketing, and provide for quality standards and first generation.

Article 42 .-I. It is the responsibility of the State to promote and ensure compliance, use, research andpractice of traditional medicine, rescuing the traditional knowledge and practices from thethinking and values of all nations and peoples of indigenous origin peasants.

II. The promotion will incorporate traditional medicine and natural medicine registration ofits active principles and the protection of their knowledge as intellectual property, historical,cultural, heritage and as nations and peoples of indigenous origin peasants.

III. The law shall regulate the practice of traditional medicine and ensure the quality of theirservice.

ARTICLE 43 .-The law shall regulate the donation or transplantation of cells, tissues or organs under theprinciples of humanity, solidarity, opportunity, generosity and efficiency.

ARTICLE 44 th .-I. No one shall be subjected to surgery, medical examination or laboratory without theirconsent or legally authorized third party, unless imminent danger of his life.

II. No one shall be subjected to scientific experiments without their consent.

Article 45 .-I. All Bolivia and Bolivians have the right to access social security.

II. Social security is provided under the principles of universality, comprehensiveness,equity, solidarity, unity of management, economics, opportunity, multiculturalism andeffectiveness. His leadership and management for the state, control and socialparticipation.

III. The social security scheme covers care for illness, disease epidemics and catastrophic

parenthood, occupational hazards and risks labor field work, disability and special needs,unemployment and job losses, orphanhood, disability, widowhood, old age and death ,housing, family allowances and other social welfare.

IV. The State guarantees the right to retirement, with universality, solidarity and fair.

V. Women have the right to safe motherhood, with a vision and practice intercultural enjoy


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special assistance and protection of the state during pregnancy, childbirth and prenataland postnatal periods.

VI. The public social security services can not be privatized or concession.

SECTION IIIRIGHT TO WORK AND THE EMPLOYMENT

ARTICLE 46 .-I. Everyone has the right:

1. Decent work, with industrial safety, hygiene and occupational health, withoutdiscrimination, and wage or salary fair, equitable and satisfactory, which will provide forhimself and his family a decent living.2. In a stable labor supply, and favorable conditions.

II. The State shall protect the exercise of work in all its forms.

III. It prohibits all forms of forced labor or other operating similarly to require a person toperform work without your consent and fair compensation.

ARTICLE 47 th .-I. Everyone has the right to engage in trade, industry or any legal economic activity, underconditions not detrimental to the collective good.

II. Women workers and workers in small urban and rural production units, on their own,and unionists in general, by the State shall enjoy a special protection regime through apolicy of fair trade and fair prices for their products and as the preferential allocation offinancial resources to stimulate economic production.

III. The State shall protect. Foster and strengthen communal forms of production.

ARTICLE 48 .-I. The social and labor provisions are binding.

II. Labour standards are interpreted and enforced under the principles of protection of

women workers and workers as the primary productive force of society: the primacy of theemployment relationship of continuity and job security of non-discrimination andinvestment of the test favor of the worker and the worker.

III. Recognized the rights and benefits for workers and workers may not be waived, andagreement to the contrary are null or they tend to evade their effects.


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IV. Wages or salary earned, labor rights, social benefits and social security contributionsare not paid privilege and preference over any other credits, and are unalienable andindefeasible.

V. The State shall promote the incorporation of women to work and maintain the same pay

as men for work of equal value, both in public and private.

VI. Women may not be discriminated against or dismissed by their marital statuspregnancy status, age, physical characteristics or number of sons or daughters. Work isguaranteed security of tenure for women who are pregnant, and parents until the child orthe child turns one year old.

VII. The State shall ensure the incorporation of young women and men in the productivesystem, in accordance with their training and education.

ARTICLE 49 th .-I. The right to collective bargaining.

II. The law regulates the relations concerning contracts and collective agreements, generalminimum wages, sectoral and salary increases, return, paid breaks and holidays;computing seniority, working hours, overtime, nighttime surcharge, Sunday, bonuses,bonds, commodities or other systems of sharing in the profits of the company,compensation and evictions, maternal employment, training and vocational training, andother social rights.

III. The State shall protect job security. It prohibits unfair dismissal and all forms of bullying.The law shall determine the penalties.

Article 50 .-The State, through specialized courts and administrative bodies, will resolve all disputesarising out of industrial relations between employers and workers, including industrialsafety and social security.

ARTICLE 51 .-I. All workers and employees have the right to organize unions in accordance with the law.

II. The union will respect the principles of unity, union democracy, political pluralism, self-sustaining, solidarity and internationalism.

III. It recognizes and guarantees the union as a defense, representation, assistance,education and culture of the workers and workers in the countryside and the city.


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IV. The State shall respect the ideological and organizational independence of the unions.Trade unions shall have legal personality by the mere fact of organized and recognized bytheir parent banks.V. The tangible and intangible heritage of trade union organizations is inviolable,unattachable and delegated.

VI. The union leaders and enjoy union privileges, not dismiss them until one year after thecompletion of its management and were not diminish their social, nor are they subjected topersecution or imprisonment for acts done in compliance of union work.

VII. Women and men employed persons have the right to organize to defend theirinterests. I. All workers and employees have the right to organize unions in accordancewith the law.

II. The union will respect the principles of unity, union democracy, political pluralism, self-sustaining, solidarity and internationalism.

III. It recognizes and guarantees the union as a defense, representation, assistance,education and culture of the workers and workers in the countryside and the city.

IV. The State shall respect the ideological and organizational independence of the unions.Trade unions shall have legal personality by the mere fact of organized and recognized bytheir parent banks.

V. The tangible and intangible heritage of trade union organizations is inviolable,unattachable and delegated.

VI. The union leaders and trade union enjoy, not dismiss them until one year after thecompletion of its management and were not diminish their social, nor are they subjected topersecution or imprisonment for acts done in compliance of union work.

VII. Women and men employed persons have the right to organize to defend theirinterests.

ARTICLE 52 .-I. It recognizes and guarantees the right to freedom of association business.

II. The State guarantees the recognition of the juridical personality of associations anddemocratic organizational forms of business, according to their own statutes.

III. The State recognized training institutions of business organizations.

IV. The assets of business enterprises, tangible and intangible, is inviolable and attached.


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ARTICLE 53 .-The right to strike as the exercise of legal power of workers and employees to suspendwork in the defense of their rights under the law.

ARTICLE 54 .-

I. The state is obliged to establish employment policies to avoid unemployment andunderemployment, in order to create, maintain and create conditions to ensure womenworkers and potential workers occupation worthy and fair compensation.

II. It is the duty of the State and society the protection and defense of the industrial andgovernment services.

III. The female and male workers in defense of their jobs and in defense of social interestsmay, in accordance with the law, revive and reorganize businesses in bankruptcy processresults, contest or settlement, closed or abandoned without justification, and shapebusiness Community or social. The State may contribute to the action of the workers and

employees.

Article 55 .-The cooperative system is based on the principles of solidarity, equality, reciprocity, equityin distribution, social purpose, and non profit partners. The State shall promote andregulate the organization of cooperatives law.

SECTION IVRIGHT TO PROPERTY

Article 56 .-I. Everyone has the right to private property individually or collectively, provided it fulfills asocial function.

II. Private property is guaranteed, provided that the use made of it is not harmful tocollective interests.

III. The right to inheritance.

Article 57 .-The expropriation shall be imposed by reason of necessity or public utility, qualified

according to law and after fair compensation. The urban real estate is not subject toreversal.

SECTION VRIGHTS OF CHILDREN, ADOLESCENTS AND YOUTH


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Article 58 .-It is considered child or adolescent to a person under age. The children and adolescentsare holders of the rights recognized in the Constitution, with the limits on this, and specificduties inherent in their development process of their ethnic identity, sociocultural, genderand generational and satisfaction their needs, interests and aspirations.

Article 59 .-I. Any child, child and adolescent has the right to development.

II. Every girl, child and adolescent has the right to live and grow within their family or fosterhome. Where this is not possible or is contrary to their interests, is entitled to a substitutefamily, in accordance with the law.

III. All children and adolescents, regardless of their origin, are glial rights and duties to theirparents. The discrimination against children by parents will be punished by law.

IV. Every girl, child and adolescent has the right to identity and relationship with respect totheir parents. When parents are not known, use the conventional name chosen by theperson responsible for your care.

V. The state and society ensure the protection, promotion and active participation of youngwomen and men in productive development, political, social, economic and cultural,without any discrimination, in accordance with the law.

Article 60 .-It is the duty of the State, society and family to ensure the priority of the interests of thechild, child and adolescent, including the dominance of its rights, the rule to receiveprotection and relief in all circumstances, the priority attention of public and privateservices, and access to justice prompt, timely and skilled attendants.

Article 61 .-I. It prohibits and punishes all forms of violence against children and adolescents, both inthe family and in society.

II. It prohibits forced labor and child exploitation. The activities undertaken by children and

adolescents within the family and society will be aimed at their integral formation ascitizens, and have a training function. Their rights, guarantees and institutional protectionmechanisms shall be special regulations.

SECTION VIRIGHTS OF FAMILIES


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Article 62 .-The State recognizes and protects the family as the fundamental unit of society andensure social and economic conditions necessary for its development. All its membershave equal rights, obligations and opportunities.

Article 63 .-I. Marriage between a woman and a man constitutes legal ties, and is based on equalrights and duties of spouses.

II. Free unions or indeed having conditions of stability and uniqueness, and be maintainedbetween a woman and a man without legal impediment, will produce the same effects ascivil marriage, both personal and economic relations of the cohabitants as what respect tothe adopted sons and daughters or those born.

Article 64 .-

I. Spouses or partners have a duty of care on equal footing and in a common effort,maintenance and household responsibility, education and integral formation of thedaughters and sons while they are minors or have a disability.

II. The State shall protect and assist those responsible for the families in the performanceof their duties.

Article 65 .-In the best interests of children and adolescents and their right to identity, the presumptionof parentage will be worth at the suggestion of the mother or father. This assumption is

valid unless proven otherwise by whoever denies paternity. If denied the presumption ofproof, expenditures correspond to which it has indicated the affiliation.

Article 66 .-L.is are guaranteed women and men to exercise their sexual and reproductive rights.

SECTION VIIRIGHTS OF THE OLDER ADULT

ARTICLE 67 .-I. In addition to the rights recognized in this Constitution, all older persons are entitled to adignified old age, quality and human warmth.

II. The State shall provide an annuity for old age, in the framework of comprehensivesocial security system in accordance with the law.


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ARTICLE 68 .-I. The State shall adopt public policies for the protection, care, recreation, relaxation andsocial occupation of older adults, according to their abilities and possibilities.

II. It prohibits and punishes all forms of abuse, neglect, violence and discrimination against

older persons.

Article 69 .-The Benefactor of the Fatherland deserve gratitude and respect for public and privateinstitutions and the general public, will be hailed as heroes and defenders of Bolivia andthe state will receive an annuity, in accordance with the law.

SECTION VIIIRIGHTS OF PERSONS WITH DISABILITIES

Article 70 .-Every person with disabilities enjoy the following rights:

1. To be protected by his family and the state.2. A comprehensive health education and free.3. A communication in alternative language.4. A suitable working conditions, according to their abilities and capacities, with a fairremuneration that ensures a decent life.5. To develop their individual potential.

ARTICLE 71 .-I. Be prohibited and punished any type of discrimination, abuse, violence and exploitationto all persons with disabilities.

II. The State shall take affirmative action to promote effective integration of people withdisabilities in the productive, economic, political, social and cultural life, withoutdiscrimination.

III. The State will create the conditions for the development of individual potential ofpersons with disabilities.

Article 72 .-The State shall guarantee to persons with disabilities to comprehensive prevention andrehabilitation as well as other benefits that are set by law.

SECTION IXRIGHTS OF PERSONS DEPRIVED OF LIBERTY


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Article 73 .-I. All persons under any form of deprivation of liberty shall be treated with due respect forhuman dignity.

II. All detainees have the right to communicate freely with his counsel, interpreter, family

and significant others. Incommunicado detention is prohibited. Any limitations on thecommunication may take place only under investigation for committing crimes, and will lastthe maximum time of twenty-four hours.

Article 74 .-I. It is the responsibility of the State social reintegration of detainees, ensure their rightsare respected, and his detention and custody in a suitable environment according to theclassification, nature and seriousness of the offense and the age and sex of the inmates.

II. Persons deprived of liberty shall have the opportunity to work and study in prison.

SECTION XRIGHTS OF USERS AND USERS AND CONSUMERS AND CONSUMERS

Article 75 .-Users and users and consumers and consumers have the following rights:

1. Food supply, pharmaceuticals and general safety conditions, quality and quantityavailable adequate and sufficient to provide efficient and timely delivery.2. A reliable information about the characteristics and contents of the products they

consume and services they use.

ARTICLE 76 .-I. The State guarantees access to an integrated transport system in its various forms. Thelaw determines that the transport system is efficient and effective, and generate benefitsfor customers and suppliers.

II. There may be no border controls, roadblocks or checkpoints of any kind in the Bolivianterritory, except for those that have been created by law.

CHAPTER SIXEDUCATIONAL, CULTURAL AND RIGHTS INTERCULTURALIDAD

SECTION IEDUCATIONAL


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ARTICLE 81 .-I. Education is compulsory through high school.

II. The prosecutor is free education at all levels to the top.

III. Upon completion of studies at the secondary level will be awarded the diploma, free ofcharge and immediate.

Article 82 .-I. The State shall guarantee access to education and retention of all citizens and citizensunder conditions of full equality.

II. The State will support with priority to students with fewer economic opportunities forthem to access different levels of education, by economic resources, feeding programs,clothing, transportation, school supplies, and in scattered areas, dormitories, according tolaw.

III. Be encouraged with scholarships to excellent use at all educational levels. Any child,children and adolescents with outstanding natural talent has the right to be treated politelywith training and learning methods that will enable the further development of their talentsand skills.

ARTICLE 83 .-It recognizes and guarantees social participation, community involvement and parents inthe education system, through representative bodies at all levels of government andindigenous nations and peoples native peasants. Its composition and powers shall beprescribed by law.

Article 84 .-The State and society have a duty to eradicate illiteracy through programs consistent withthe cultural and linguistic reality of the population.

Article 85 .-The State shall promote and ensure the continuing education of children and adolescentswith disabilities or special talents in learning, under the same structure, principles andvalues of the education system, and establish a special organization and curriculum

development.

Article 86 .-In schools will recognize and guarantee freedom of conscience and faith and the teachingof religion and spirituality of nations and peoples of indigenous origin farmers, andencourage mutual respect and coexistence among people with different options religious,not dogmatic imposition. In these centers do not discriminate in the acceptance and


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retention of students and pupils for their religious choice.

Article 87 .-It recognizes and respects the educational unit operation agreement with social servicepurposes, with free access and non-profit, which will be operated under the tuition of public

authorities, respecting the right of management of religious education on the units, withoutprejudice to national provisions, and shall be governed by the same rules, policies, plansand programs of the education system.

ARTICLE 88 .-I. It recognizes and respects the operation of private educational units at all levels andforms, they shall be governed by the policies, plans, programs and authorities of theeducation system. The State guarantees its operation after verification of compliance withthe conditions and requirements set by law.

II. It respects the right of mothers and fathers to choose the education is appropriate for

their children.

Article 89 .-Monitoring, measurement, evaluation and accreditation of educational quality throughoutthe education system will be in charge of a public institution, specialized technical,independent of the relevant ministry. Its composition and functioning shall be determinedby law.

Article 90 .-

I. The State recognizes the validity of humanistic training institutes, technical andtechnological, in the middle and upper levels, after complying with the conditions andrequirements of the law.

II. The State shall promote technical training, technological, production, artistic andlinguistic diversity, through technical institutes.

III. The State, through the education system, promote the creation and organization ofdistance education programs and popular out of school, with the aim of raising the culturallevel and to develop awareness of the multinational people.

SECTION IIHIGHER EDUCATION

ARTICLE 91 .-I. Higher education develops professional training processes of knowledge generation anddissemination of comprehensive development-oriented society to which it shall take intoaccount the universal knowledge and collective knowledge of nations and peoples of


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indigenous origin peasants.

II. Higher education is intracultural, intercultural and multilingual, and has the task of thecomprehensive training of highly qualified human resources and expertise, to developscientific processes to solve problems of the productive and social environment, promoting

policies and extension social interaction to strengthen the scientific diversity, cultural andlinguistic diversity; involved with his people in all processes of social liberation, to build asociety with greater equity and social justice.

III. Higher education consists of universities, teacher training colleges and technicalinstitutes, technical and artistic, fiscal and private.

Article 92 .-I. Public universities are autonomous and equal in rank. Autonomy is free to manage theirresources, the appointment of its authorities, teachers and administrative staff, thedevelopment and adoption of its statutes, curricula and budgets, and the acceptance of

bequests and donations, and the holding contracts, to achieve their purposes and tosustain and improve their schools and colleges. Public universities can negotiate loanswith a guarantee of their property and resources, legislative approval.

II. Public universities constitute, in exercise of autonomy, Bolivian University, which willcoordinate and schedule their purposes and functions through a central body, according toa university development plan.

III. Public universities will be allowed to expand academic and professional qualificationsdiplomas valid in the State.

Article 93 .-I. Public universities will be required and sufficiently supported by the State, regardless ofdepartmental resources, municipal and proper, established or created.

II. l.as public universities under its charter, establish mechanisms for social participation ofadvisory, coordination and advice.

III. Public universities establish mechanisms of accountability and transparency in the useof their resources, through the presentation of financial statements Plurinational Legislative

Assembly, the Comptroller General and the Executive.

IV. Public universities, as part of its charter, establish academic programs devolution andmulticulturalism, according to the needs of State and of nations and peoples of indigenousorigin peasants.

V. The State, in coordination with public universities in rural areas will promote the creation


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and functioning of multicultural universities and community colleges, ensuring socialparticipation. The opening and operation of these universities respond to the needs of theregion's production building, depending on their potential.

ARTICLE 94 .-

I. Private universities are governed by the policies, plans, programs and authorities of theeducation system. Its operation shall be approved by supreme decree after verifyingcompliance with the conditions and requirements set by law.

II. Private universities are authorized to issue academic degrees. Professional degreesvalid in the country will be awarded by the State.

III. In private universities, to obtain academic qualifications in all modes of degree, willconform court examiners, which shall consist of tenured faculty appointed by the publicuniversities, under the conditions set by law. The state does not subsidize privateuniversities.

Article 95 .-I. Universities must create and sustain intercultural training centers and technical andcultural training, free access to the people, in accordance with the principles and purposesof education.

II. Universities must implement programs for the recovery, preservation, development,learning and dissemination of the various languages of the nations and peoples ofindigenous origin peasants.

III. Universities promote generation centers of production units, in coordination withcommunity productive initiatives, public and private.

Article 96 .-Teachers for the public teaching, through training colleges. Teacher training will be unique,tax free, intracultural, intercultural, multilingual, scientific, productive, and develop withsocial commitment and dedication to service.

II. Teachers of teachers must be involved in updating processes and continuous teachertraining.

III. Are guaranteed a teaching career and tenure of teachers of teachers, according to law.Teachers enjoy a living wage.

ARTICLE 97 .-The post-gradual training at various levels will have the primary mission of vocationalqualifications in different areas, through scientific research processes and generation ofknowledge linked with reality, to contribute to the integral development of society. The


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post-gradual training will be coordinated by a forum composed of the Universities of theeducation system, in accordance with the law.

SECTION IIICULTURES

Article 98 .-I. Cultural diversity is an essential basis Plurinational State Community. Interculturalism isthe instrument for cohesion and social harmony y. balanced among all peoples andnations. Interculturalism will play with respect to differences and on equal terms.

II. The State will assume the existence of strong horn native indigenous peasant cultures,repositories of knowledge, skills, values, spirituality and worldviews.

III. It is the responsibility founded] the State to preserve, develop, protect and promote the

cultures in the country.

ARTICLE 99 .-I. The cultural heritage of the Bolivian people is inalienable, and indefeasible unattachable.Generating economic resources shall be regulated by law, to give priority to conservation,preservation and promotion.

II. The State shall ensure the registration, protection, restoration, recovery, revitalization,enhancement, promotion and dissemination of cultural heritage in accordance with thelaw.

III. The natural wealth, archaeological, paleontological, historical, documentary, and fromthe religion and folklore, is the cultural heritage of the Bolivian people, according to thelaw.

Article 100 .-I. Is the heritage of nations and peoples of indigenous origin peasants worldviews, myths,oral history, tapirs, cultural practices, knowledge and traditional technologies. This heritageis part of the expression and identity of the state.

II. The State shall protect the knowledge and expertise through the registration ofintellectual property to safeguard the inalienable rights of nations and peoples ofindigenous origin peasant and Afro-Bolivian communities and intercultural

ARTICLE 101 .-The manifestations of art and popular industries in its intangible component, enjoy specialprotection by the State. Also, enjoy this protection sites and activities declared humanity's


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cultural heritage in its tangible and intangible component.

ARTICLE 102 .-The state record and protects intellectual property rights, individual and collective worksand discoveries of authors, performers, composers, inventors and scientists, under the

conditions determined by law.

SECTION IVSCIENCE, TECHNOLOGY AND RESEARCH

ARTICLE 103 .-I. The State shall ensure the development of science and scientific research, technical andtechnology in the public interest. Be allocated the necessary resources and create thestate's science and technology.

II. The State will assume the implementation of policy strategies to incorporate the

knowledge and application of new information and communication technologies.

III. The government, universities, production companies and public and private service,and the nations and peoples of indigenous origin farmers, develop and coordinateresearch processes, innovation, promotion, dissemination, application and transfer ofscience and technology to strengthen the basis production and promote the integraldevelopment of society, in accordance with the law.

SECTION VSPORT AND RECREATION

ARTICLE 104 .-Everyone has the right to sport, physical education and recreation. The State guaranteesthe access to sport, regardless of gender, language, religion, political, territorial location,membership of social, cultural or any other kind.

ARTICLE 105 .-The State shall promote, through policies in education, recreation and public health,development of physical culture and sports in preventive levels, recreational, educationaland competitive, with special attention to people with disabilities. The State guarantees the

means and financial resources necessary for effectiveness.

CHAPTER SEVENSOCIAL COMMUNICATION

ARTICLE 106 .-I. The State guarantees the right to communicate and the right to information.


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II. The State guarantees the Bolivians and the Bolivian people the right to freedom ofexpression, opinion and information, rectification and reply. and the right to freely expressideas through any media without prior censorship.

III. The State guarantees workers and workers in the press, freedom of expression, theright to communication and information.

IV. It recognizes the conscience clause of information workers.

ARTICLE 107 .-I. The media should contribute to the promotion of ethical, moral and civic different culturesof the country, with production and distribution of multilingual educational programs andalternative language for the disabled.

II. The information and opinions through the media should respect the principles ofhonesty and accountability. These principles shall be exercised by the rules of ethics andself-regulatory organizations of journalists and media and law.

III. The media may not conform, either directly or indirectly, monopolies or oligopolies.

IV. The State shall support the creation of community media under equal conditions andopportunities.

PART III

DUTIES

ARTICLE 108 .-The duties of Bolivia and Bolivians:

1. To know, observe and enforce the Constitution and laws2. Know, respect and promote the rights recognized in the Constitution.3. To promote and spread the practice of values and principles proclaimed in theConstitution.4. Defend, promote and contribute to the right to peace and to promote culture of peace.

5. Work, according to their physical and intellectual, in lawful and socially useful activities.6. Training in the educational system through high school.7. Taxed in proportion to their economic capacity, according to law.8. Denounce and combat all acts of corruption.9. Aid, support and educate a child.10. Assist, protect and provide for their ancestors.11. To help with all necessary support in cases of natural disasters and other


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contingencies.12. Military service, compulsory for men.13. Defend the unity, sovereignty and territorial integrity of Bolivia, and respect its symbolsand values.14. Protect, defend and protect the natural, economic and cultural Bolivia.

15. Protect and defend the natural resources and contribute to sustentadle use, topreserve the rights of future generations.16. Protect and defend a suitable environment for the development of living beings.

PART IVJUDICIAL GUARANTEES AND ACTIONS OF DEFENSE

CHAPTER ONEJUDICIAL GUARANTEES

ARTICLE 109 .-

I. All rights under the Constitution are directly applicable and enjoy the same guaranteesfor their protection.

II. The rights and guarantees may only be regulated by law.

ARTICLE 110 .-I. People who violate constitutional rights are subject to the jurisdiction and venue of theBolivian authorities.

II. The violation of constitutional rights makes them accountable to their intellectual andmaterial authors.

III. Offences against the person render immediate perpetrators responsible, without anyservile excuse for having committed a higher order.

ARTICLE 111 .-The crimes of genocide, crimes against humanity, treason, war crimes barred.

ARTICLE 112 .-

Crimes committed by public servants who violate the State property and cause severeeconomic damage, are barred and do not support the immunity.

ARTICLE 113 .-I. The infringement of the rights granted victims the right to compensation, reparation andcompensation for damages in a timely manner.


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II. If the state is condemned for compensatory damages for damages, shall bring action forrecourse against the authority or public servant responsible for the act or omission whichcaused the damage.

ARTICLE 114 .-

I. Any form of torture, disappearance, confinement, coercion, extortion or other forms ofphysical or moral. The public servants and public servants or public authorities toimplement them, instigate or consent shall be dismissed and dismissed without prejudiceto the penalties prescribed by law.

II. The statements, acts or omissions made or done by the use of torture, coercion,extortion or other forms of violence, are null and void.

ARTICLE 115 .-I. Everyone will be timely and effectively protected by the judges and courts in the exerciseof their rights and interests.

II. The State guarantees the right to due process, defense and plural justice, prompt,timely, free, transparent and expeditious.

ARTICLE 116 .-I. It guarantees the presumption of innocence. During the process, in case of doubt aboutthe applicable standard will govern more favorable to the accused or defendant.

II. Any sanction must be based on a pre-law offense.

ARTICLE 117 .-I. No person shall be convicted without being heard and judged in due process. No one willsuffer no penalty has been imposed by a competent judicial authority in final sentence.

II. No one shall be tried or convicted more than once for the same act. The rehabilitation ofhis rights will be restricted to immediate compliance with his sentence.

III. No penalty shall be imposed of imprisonment for debts or obligations to property,except in cases provided by law.

ARTICLE 118 .-I. Infamy is prohibited, civil death and confinement.

II. The maximum penalty shall be thirty years of imprisonment without the right to pardon.

III. The enforcement of sanctions involving deprivation of liberty and security measures are


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aimed at education, empowerment and social integration of the damned, with respect fortheir rights.

ARTICLE 119 .-I. The warring parties shall have equal opportunities to exercise during the powers and

duties assist them, either through the usual channels or by the original indigenouspeasants.

II. Everyone has the inviolable right to defense. The State shall provide to the personsreported or charged an advocate or counsel free of charge in cases where they do nothave the necessary financial resources.ARTICLE 120 .-I. Everyone has the right to be heard by a court having jurisdiction, independent andimpartial, and can not be tried by special commissions or subject to other jurisdictionalauthorities established before the fact of the case.

II. Any person being prosecuted should be judged on their language and, exceptionally, ona mandatory basis, should be assisted by a translator, translator or interpreter.

ARTICLE 121 .-I. In criminal matters, no person shall be compelled to testify against himself or againstblood relatives within the fourth degree or related to the second degree. The right toremain silent will not be considered as evidence of guilt.

II. The victim in a criminal trial may intervene in accordance with the law, and is entitled tobe heard before each court decision. If you do not have the necessary financial resources,should be assisted without charge by a lawyer or attorney appointed by the State.ARTICLE 122 .-Are null and void the acts of those who usurp functions that do not concern them, as wellas acts of exercising jurisdiction or power not emanating from the law.

ARTICLE 123 .-The law only provides for the future and not have retroactive effect, except in labormatters, as determined specifically for women workers and workers in criminal matters, asit benefits the accused or the accused, on corruption, to investigate, prosecute and punishcrimes committed by public servants against state interests, and in the other cases

mentioned in the Constitution.

ARTICLE 124 .-I. Commits the crime of treason or the Bolivian Bolivian incurred on the following facts:

1. To take arms against their country, be at the service of foreign states participating, orenter into complicity with the enemy, in case of international war against Bolivia.


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2. That violates the constitutional system of natural resources.3. That threatens the unity of the country.

II. This offense will merit the maximum penalty.

CHAPTER TWOACTIONS OF DEFENSE

SECTION IACTION OF FREEDOM

ARTICLE 125 .-Any person who considers that his life is in danger, which is illegally prosecuted, or isimproperly processed or otherwise deprived of personal liberty, freedom may bring actionand go, orally or in writing, either by itself or by its name and without any formal process],

before any competent court in criminal matters, and asked to keep custody of his life, haltthe persecution undue legal formalities are restored or the restoration of its right tofreedom.

ARTICLE 126 .-the public hearing to be held within twenty-four hours brought the action, and plaintiff shallprovide that the person be brought before him or attend to the place of detention. With thisorder will be done citation, personnel or by ballot, the authority or the person complainedof, order will be obeyed without objection or excuse, both for the authority or person asreported by managers of prisons or detention facilities, without them, once cited, todisobey.

II. In no case may the hearing be suspended. In the absence of the defendant, for failureor neglect, will be in absentia.

III. Knowing the background and after hearing the arguments, the judicial authority,necessarily and under the responsibility it has ruled in the hearing. The sentence mayorder the protection of life, the restoration of the right to freedom, compensation for legaldefects, the cessation of persecution undue referral to the competent judge. In all cases,the parties shall be notified to the sentencing.

IV. The court ruling will be implemented immediately. Pejuicio Without this, the decisionwill rise under review, ex officio, the Constitutional Court Plurinational, within twenty-fourhours after issuance.

ARTICLE 127 .-I. The public servants or private persons who resist judicial decisions in cases provided forby this action shall be sent by order of the authority that the proceedings were heard


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before the Public Prosecutor for criminal prosecution for violation of constitutionalguarantees.

II. The judicial authority may not proceed with the provisions of this article shall be subjectto a penalty, in accordance with the Constitution and the law.

SECTION IIClaim for constitutional protection

ARTICLE 128 .-Constitutional Protection Action takes place against illegal acts or omissions or misuse ofpublic servants, or individual or collective, to restrict, deny or threaten to restrict or denythe rights conferred by the Constitution and the law.

ARTICLE 129 .-

I. The Constitutional amparo filed by the affected person believed, on the other to its namewith sufficient power or the authority concerned in accordance with the Constitution, beforeany competent court, provided there is no other means or remedy for the immediateprotection of the rights and guarantees restricted, suppressed or threatened.

II. Constitutional Protection Action may be instituted within six months, counted from thecommission of the alleged violation or notice of the final administrative or judicial decision.

III. The authority or person accused shall be summoned in the manner provided forFreedom of Action, with the purpose of giving this information and, where appropriate, theaction taken concerning the act denounced, not later than forty-eight hours after the

presentation Action.

IV. The final resolution shall be delivered in open court immediately received theinformation from the authority or defendant and, failing that, it does so on the basis of theevidence offered by the individual plaintiff. The judicial authority shall examine the

jurisdiction of the public servant or public official or of the defendant and, if found true andeffective demand, given the protection requested. The decision rendered may beappealed, ex officio, the Constitutional Court review Plurinational within twenty-four hoursafter the issuance of the verdict.

V. The final decision to grant Constitutional Protection Action will be implementedimmediately and without objection. In case of resistance will proceed according to what isstated in the Freedom Action. The judicial authority may not proceed with the provisions ofthis Article will be subject to the penalties provided by law.

SECTION IIIACTION FOR THE PROTECTION OF PRIVACY


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ARTICLE 130 .-I. Any individual or collective person believes to be unfair or unlawfully prevented fromknowing, object or for the removal or correction of data recorded by any means physical,electronic, magnetic or computer files or data banks, public or private, or affect their

fundamental right to privacy and personal or family privacy or its own image, honor andreputation, may bring the action of Privacy Protection.

II. The Privacy Protection Action not proceed to lift the secrecy of the press.

ARTICLE 131 .-I. The Privacy Protection Action will take place in accordance with the procedure laid downfor the action of Constitutional Protection.

II. If the court or judge of states from the action, order the disclosure, deletion or correctionof the data whose registration was challenged.

III. The decision shall be raised, automatically, in review before the Constitutional CourtPlurinational within twenty-four hours after the issuance of the verdict, without therebysuspending the execution.

IV. The final decision granting the Privacy Protection Action will be implementedimmediately and without objection. In case of resistance will proceed according to what isstated in the Freedom Action. The judicial authority may not proceed with the provisions ofthis article shall be subject to the penalties provided by law.

SECTION IVUNCONSTITUTIONALITY ACTION

ARTICLE 132 .-Any individual or group affected by a rule of law contrary to the Constitution shall beentitled to file the action of unconstitutionality, in accordance with procedures establishedby law.

ARTICLE 133 .-The ruling declaring the unconstitutionality of a law, decree or any other kind of non

judicial, makes it inapplicable and has full effect for all.

SECTION VENFORCEMENT ACTION

ARTICLE 134 .-


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I. Enforcement Action will proceed in case of breach of constitutional provisions or of thelaw by public servants, in order to guarantee the implementation of the standard omitted.

II. The action was filed by the affected individual or legal entity, or otherwise to its namewith sufficient power, before a competent court and shall be processed in the same way as

the Constitutional Protection Action.

III. The final resolution shall be delivered in open court, immediately received theinformation from the defendant authority, and failing that, it does so on the basis of theevidence offered by the applicant. The judicial authority shall examine the backgroundand, if found true and effective demand, declared from the action and ordered theimmediate implementation of the duty omitted.

IV. The decision shall be raised, automatically, in review before the Constitutional CourtPlurinational within twenty-four hours after the issuance of the verdict, without therebysuspending the execution.

V. The final decision granting enforcement action will be implemented immediately andwithout objection. In case of resistance, the procedure prescribed in accordance with theFreedom of Action. The judicial authority may not proceed with the provisions of this articleshall be subject to the penalties provided by law.

SECTION VIACCION POPULAR

ARTICLE 135 .-Popular Action will proceed against any act or omission of the authorities or individuals orgroups that violate or threaten to violate collective rights and interests related to theheritage space. safety and public health, environment and others of similar naturerecognized by this Constitution.

ARTICLE 136 .-I. Popular Action may be brought for as long as the violation exists or threat to collectiverights and interests. To bring this action is not necessary to exhaust the administrativecourts or that may exist.

II. This action may be any person, individually or on behalf of a community and, inmandatory, the Public Prosecutor and the Ombudsman, when the exercise of their dutiesare aware of these acts. The procedure Action Constitutional Protection.

CHAPTER THREESTATES OF EMERGENCY


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ARTICLE 137 .-In case of danger to state security, external threats, internal disorder or natural disaster,the President or the President of the State shall have the power to declare a state ofemergency in all or part of the territory where necessary. The declaration of emergency

rule may in no case to suspend the guarantees of the rights or fundamental rights, the rightto due process, the right to information and the rights of detainees.

ARTICLE 138 .-I. The validity of the declaration of a state of emergency will depend upon the subsequentapproval of the Legislature Plurinational to be held soon as circumstances permit and inany event within the next seventy-two hours declaring a state of emergency. The adoptionof the declaration shall indicate the powers conferred and keep strict relation andproportion to the case of need served by the state of emergency. The rights enshrined inthe Constitution generally not be suspended by the declaration of a state of emergency.

II. Once the state of emergency may be declared another state of emergency within thenext year, unless prior legislative authorization.

ARTICLE 139 .-I. The Executive shall report to the Legislature Plurinational of the reasons that gave rise tothe declaration of emergency rule, and the use made of the powers conferred by theConstitution and the law.

II. Those who violate the rights established in this Constitution shall be prosecuted for

assault on the rights.

III. States of emergency shall be regulated by law.

ARTICLE 140 .-I. Neither Plurinational Legislature, or any other body or institution, or association or publicgathering of any kind, a court may grant special powers or person other than theprovisions of this Constitution.

II. May not be combined with public authorities, or concerning the supremacy accorded the

rights and guarantees recognized in this Constitution shall be at the mercy of organ orindividual.

III. The reform of the Constitution can not be initiated while a state of emergency in force.

PART VNATIONALITY AND CITIZENSHIP


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CHAPTER INATIONALITY

ARTICLE 141 .-

I. Bolivian nationality is acquired by birth or naturalization. Bolivians are by birth, peopleborn in the Bolivian territory, with the exception of the daughters and the children of foreignstaff of diplomatic missions and persons born abroad, mother or father Bolivia Bolivia.

ARTICLE 142 .-I. May acquire citizenship by naturalization Bolivian and foreign legal aliens, with morethan three years of uninterrupted residence in the country under state supervision, whichexpressly show their willingness to get Bolivian nationality and meet the requirements oflaw.

II. The residence time is reduced to two years in the case of foreigners who are in one ofthe following situations:

1. Have Bolivian Bolivian or spouse, daughters or sons Bolivian Bolivian Bolivians orsurrogate parents. The foreign citizens or foreign citizens who acquire citizenship throughmarriage to citizen or citizens Bolivian Bolivians do not lose it in case of widowhood ordivorce.2. Providing military service in Bolivia at the age required and in accordance with the law.3. That, for his service to the country, obtain Bolivian nationality granted by the LegislaturePlurinational.

III. The residence time for the acquisition of nationality may be amended if there are, byway of reciprocal agreements with other states, primarily in Latin America.

ARTICLE 143 .-I. The Bolivia and Bolivians who marry foreign citizens or foreign citizens shall not losetheir original nationality. Bolivian nationality is lost by not acquiring a foreign citizenship.

II. The foreigners or foreigners who acquired Bolivian nationality will not be forced torenounce their original nationality.

CHAPTER IICITIZENSHIP

ARTICLE 144 .-I. They are all citizens and all Bolivians in Bolivia, exercising their citizenship after 18 yearsof age, whatever their level of education, occupation or income.


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II. Citizenship consists of:

1. In as voting or attending the training and the exercise of functions in the organs of publicauthority, and

2. The right to hold public office simply upon the adequacy, except as otherwise providedin the Act

III. Citizenship rights are suspended for the grounds and in the manner provided in Article28 of this Constitution.

PART TWOORGANIZATIONAL STRUCTURE AND FUNCTIONAL STATE

PART I

LEGISLATIVE BODY

CHAPTER ONECOMPOSITION AND POWERS OF THE LEGISLATURE Plurinational

ARTICLE 145 .-Plurinational The Legislature is composed of two chambers, the Chamber of Deputies andthe Senate, and is the only one with authority to approve and enact laws which apply to allof Bolivia.

ARTICLE 146 .-I. The House of Representatives will consist of 130 members.

II. In each department, half are elected in single member constituencies Deputies. Theother half are elected in multimember constituencies departmental lists headed by thecandidates for President, Vice President and Senators of the Republic.

III. Deputies are elected by universal, direct and secret. In the single-memberconstituencies by simple majority of votes. In multi-member constituencies under thesystem of representation established by law.

IV. The number of members should reflect the proportional vote received by each party,civic group or indigenous people.

V. The total distribution of seats among the departments is determined by the ElectoralBody on the number of inhabitants of each one of them, according to the latest nationalcensus, according to the Law On the equity law assign a minimum number of seats


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departments with a smaller population and lower level of economic development. If thedistribution of seats for any department proves odd, preference is given to the allocation ofsingle-member seats.

VI. The single-member constituencies must have geographical continuity and affinity and

territorial continuity, not transcend the limits of each department and based on criteria ofpopulation and territorial extension. Electoral Body delimit the single-memberconstituencies.

VII. The original indigenous peasant special districts are governed by the principle ofpopulation density in each department. They must transcend departmental boundaries.Only be established in rural areas and in those departments where these peoples andnations of indigenous origin peasants constitute a minority population. The ElectoralAuthority shall determine the special districts. These districts are part of the total numberof deputies.

ARTICLE 147 .-I. In the election of assembly members will ensure equal participation of men and women.

II. In the election of assembly members will ensure proportional participation of nationsand peoples of indigenous origin peasants.

III. The law determines the original indigenous peasant special districts, which should notbe considered as criteria conditional population density or geographic continuity.

ARTICLE 148 .-I. The Senate shall comprise a total of 36 members.

II. In each department Senators are elected in constituency 4 department, by universal,direct and secret.

III. The allocation of Senate seats in each department will be based on the proportionalsystem, according to law

ARTICLE 149 .-

To be a candidate or candidates to the Legislative Assembly Plurinational are required tocomply with the general conditions of access to public service, having completed eighteenyears of age at the time of the election, have resided continuously for at least two yearsimmediately preceding the election in the constituency concerned.

ARTICLE 150 .-I. The Legislative Assembly assembly Plurinational alternates will receive no remuneration


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except in cases that actually make this appointment. The law determines the rules forreplacement of its members.

II. The assembly may not hold any other public office under penalty of losing theirmandate, except university teaching.

III. The resignation of Assemblyman shall be final, that may take place without licenses ortemporary substitutions in order to perform other functions.

ARTICLE 151 .-I. The Assembly and the Assembly members shall enjoy personal inviolability during thetime of his mandate and beyond, for the opinions, communications, representations,requirements, questionings, reports, proposals, expressions or any act of legislation, orcontrol information to develop or made in the performance of its functions can not beprosecuted.

II. The domicile, residence or suite of assembly and the assembly shall be inviolable andmay not be searched under any circumstances. This provision applies to vehicles ofprivate or official use and the offices of legislative use.ARTICLE 152 .-The assembly and the assembly will not enjoy immunity. During his tenure, in criminalproceedings, it shall apply the precautionary measure of preventive detention, exceptflagrante delicto.

ARTICLE 153 .-

I. The Vice President or the Vice President presides over the Legislative AssemblyPlurinational.

II. Regular sessions of the Legislative Assembly will be inaugurated Plurinational August 6each year.

III. Regular sessions of the Legislature Plurinational be permanent and will have twobreaks of fifteen days each year.

IV. The Legislative Assembly may meet Plurinational in a different place than usual within

the State territory, by decision of the Whole and called by its President or President.

ARTICLE 154 .-During the breaks, will the Commission of Assembly in the manner and with the powers inthe Rules of the House of Representatives. Remarkably, for urgent matters, the Assemblymay be convened by its President or President, or the President or the President of theState. Only deal with issues in the convocation.


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ARTICLE 155 .-The Legislative Assembly opened its sessions Plurinational August 6 in the capital ofBolivia, unless expressly call its President or President.

ARTICLE 156 .-The time of the mandate and the assembly is five years and may be reelected andreelected only once continuously.

ARTICLE 157 .-Assemblyman's mandate is lost by death, resignation, recall votes, enforceable convictionin criminal or unjustified abandonment of his duties for more than six days of continuouswork and eleven discontinuous in the year, qualified in accordance with the Regulations.

ARTICLE 158 .-I. The powers of the Legislature Plurinational, in addition to those determined by thisConstitution and the law:

1. Approve its budget and run autonomously, removing your name v administrative staff,and address all matters relating to its economy and internal regimes.2. Determine the remuneration of the assembly and the assembly, in no case exceed thatof the Vice President or Vice President of the State. It is prohibited to receive anyadditional income paid employment.3. Make laws, interpret them, repeal, repeal and amend.4. Choose six of the members of the Electoral Body Plurinational for two-thirds vote of

members present.5. Pre-select candidates and candidates for the formation of the Constitutional Courtplurinational Supreme Court, Court Agroenvironmental and Judicial Council.6. Approve the creation of new units and establish territorial boundaries in accordance withthe Constitution and the law.7. Approve the plan for economic and social development submitted by the Executive.8. Enacting legislation for the budget, debt, resource control and state control of publiccredit and subsidies for public works and social need.9. Decide state economic measures necessary in cases of public necessity.10. To approve the contracting of loans that jeopardize the general revenues of the state

and universities allow the contracting of loans.11. To approve the General State Budget presented by the Executive. Received the bill, itmust be considered in the Legislature Plurinational within a period of sixty days. If notapproved within this period, the project shall be deemed approved.12. Approve contracts in the public interest to natural resources and strategic areas,signe

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