constitution

Human Rights and Democratic Liberties


  • The amended Constitution enshrines as official language the Amazigh national language and establishes an Academy entrusted with creating the conditions for the promotion and eventual enforcement of Amazigh as official language;

  • The amended Constitution enshrines the criminalization of torture and cruel, inhuman and degrading treatments (Article 34) already included in the Algerian Penal Code;

  • The amended Constitution further enshrines the prohibition of the penalty of imprisonment for press offence (Article 41 ter);

The amended Constitution further enshrines:

  • The exceptional character of provisional custody (Article 47);

  • The exception of unconstitutionality raised by the case of a citizen arguing before a court of law that consideration of a legislative provision as a requirement to the resolution of his case is an infringement upon his rights and liberties such as guaranteed by the Constitution (Article 166 bis);

  • The possibility of appeal in criminal matters, representing a new development that further strengthens guarantees granted by the Constitution to citizens seeking justice;

  • The exercise of the right to peaceful demonstration within the framework of the law (Article 41 bis). The right to peaceful demonstration was previously considered as part of the right of assembly and association;

  • The reaffirmation and consolidation of the guarantee of freedom of the press (printed press, broadcast and social media) without any form of censorship (Article 41 ter);

  • The guaranteed right of the citizen to culture (Article 8 bis), as another constitutional development;

  • Freedom of religious practice is guaranteed within observance of existing laws (Article 36) with the purpose of supporting it and preserving it from sectarian practices and radical groups;

  • The obligation for the authorities to inform individuals in police custody of their right to consult with a lawyer (Article 45) for the purpose of strengthening the right of citizens to a fair trial;

  • The obligation for the authorities to provide medical check-up of minors held in police custody (Article 48) for the purpose of guaranteeing at all times the physical integrity of individuals held in custody, as called for previously in the Code of Penal Procedures;

  • Civil and political rights of citizens shall not be impaired or limited in any manner other than enforcement of a motivated decision reached by a legal authority (Article 44) for the purpose of ending any arbitrary administrative measure;

  • Protection of ?individuals as part of safeguarding private personal information (Article 39) ensures protection of privacy;

  • Arbitrary arrest is punishable by law (Article 47);

  • Legal help is available to indigent individuals (Article 45 bis);

  • Employment of children under the age of 16 is prohibited and violence against children is punishable by law (Articles 55 and 58). Both measures are intended to enforce better protection of children;

  • The State provides protection services to vulnerable people, the elderly or individuals with specific needs (Article 58). The inclusion of this measure in the amended Constitution is intended to help such individuals lead and enjoy a dignified life;

  • The right to a safe environment (Article 54 ter) is the consecration of the third generation of human rights;

  • Freedom of investment and trade is recognized as a constitutional right to be enjoyed within the framework of the law (Article 37);

  • Academic freedom and freedom to conduct scientific research are recognized as constitutional rights enjoyable within the framework of existing laws (Article 38);

  • ?The State strives to advance gender parity in the job market and encourages women's access to high official positions within public institutions and administrations (Article 31 bis and ter);

  • Creation of a National Human Rights Council (Article 173.1.2.).