Si usted necesita la Constitución actualizada con las últimas reformas del año 2014, puede escribirme a etellez43@yahoo.com para obtener su ejemplar.
If you need the updated Political Constitution of Nicaragua, email etellez43@yahoo.com
Traductores de Nicaragua
Nicaraguan Political Constitution
Rolando Ernesto Tellez
International Güegüense Books
Updated
up to 2013. All rights reserved. This document may not be printed, distributed,
or transmitted, including electronic devices to record or any other method.
Quedan
todos los derechos reservados del autor. No se podrá reproducir, distribuir o
transmitir este libro de ninguna manera. Para distribución y
pedidos al por mayor, diríjase al teléfono o correo
electrónico a continuación.
Translator Rolando Ernesto Tellez
International Güegüense Books
Semáforo de la Nicarao, 7 cuadras al Sur
Managua, Nicaragua, Central America
Tel. (505) 2289-4596
etellez43@yahoo.com rolando2@fulbrightmail.org
First
Edition 2012
Revised
by Alfredo Díaz Vílchez, Attorney and Professor of English
Cover
design by Diana Carolina Tellez Chavarría
ISBN: 978-99964-0-133-6
Printed
at Serfosa, Managua, Nicaragua
CONTENTS PAGE
Foreword 3
POLITICAL CONSTITUTION OF NICARAGUA
4
TITLE I Fundamental Principles 6
TITLE II The State 7
TITLE III Nicaraguan Nationality 9
TITLE IV Rights, Duties,
and Guarantees (Civil Liberties)
of the Nicaraguan
People 10
Individual Rights 10
Political Rights 16
Social Rights 17
Family Rights
19
Labor Rights 21
Rights of the
Communities on the East Coast 23
TITLE V National Defense 23
TITLE VI Nicaraguan
Economy, Agrarian Reform,
and Public Finances 25
Nicaraguan
Economy 25
Agrarian Reform 27
Public Finances 28
TITLE VII Education and
Culture 30
TITLE VIII Organization of
the State 32
General Principles 32
Legislative
Branch 34
Executive Branch 42
Comptroller General´s
Office of the Republic 49
The Judiciary
(Judicial Branch) 50
Electoral Branch 53
TITLE IX Political-Administrative
Division 56
Municipalities 56
Communities on the East
Coast 59
TITLE X Supremacy
of Constitution, Its Amendment … 60
Political Constitution 60
Constitutional
Control 60
Constitutional
Amendment 61
TITLE XI Final and Transitional
Provisions 62
Foreword
THE POLITICAL CONSTITUTION IS THE LEGAL REFERENCE OF A COUNTRY IN WHICH
INVESTORS PLAN TO DO BUSINESS. ALSO, THIS REFERENCE BOOK IS USED BY ATTORNEYS, INVESTORS,
LEGAL ADVISORS, AND UNIVERSITY STUDENTS. Thus, I
decided to translate and make the updated Nicaraguan Political Constitution
available to individuals, NGOs, and companies.
You may pay
some attorney´s fees for a few legal questions which may be found in this Political
Constitution and its Amendments.
It is of
upmost importance to read this document to know the legal framework of this country.
I feel confident that you may use this Political Constitution to make important
decisions, if you are planning to or you are doing business in Nicaragua.
As a
professional experienced translator, I provide an accurate rendition in English
of the Nicaraguan Political Constitution and its Amendments.
The Translator
TRANSLATION
OF THE POLITICAL CONSTITUTION OF NICARAGUA
Year CXIV Managua , September 16, 2010 No. 176
NATIONAL LEGISLATIVE ASSEMBLY (NICARAGUAN LEGISLATURE)
THIS CONSTITUION INCLUDES ITS AMENDMENTS PASSED AND CONTAINED IN LAW NO.
192, LAW CONCERNING PARTIAL AMENDMENT TO THE NICARAGUAN POLITICAL CONSTITUTION;
LAW NO. 330, LAW CONCERNING PARTIAL AMENDMENT TO THE NICARAGUAN POLITICAL
CONSTITUTION; LAW 490, PARTIALLY AMENDING ARTICLE 138, CONSTITUTIONAL CLAUSE
12; LAW 520. LAW CONCERNING PARTIAL AMENDMENT TO THE NICARAGUAN POLITICAL
CONSTITUTION; LAW 521, LAW CONCERNING PARTIAL AMENDMENT TO ARTICLE 140, OF THE
NICARAGUAN POLITICAL CONSTITUTION; AND LAW 527, LAW CONCERNING PARTIAL
AMENDMENT TO THE NICARAGUAN POLITICAL CONSTITUTION.
The President of the Republic hereby informs the Nicaraguan people that after
consulting with the people, the National Legislative Assembly (AN) discussed
and approved the following POLITICAL CONSTITUTION (Cn).
PREAMBLE
We, Representatives of the People of Nicaragua meeting at the National
Constituent Assembly,
Invoke the struggles of our indigenous ancestors; the spirit of Central
American unity and the heroic tradition of our People who, inspired by the deeds
of General JOSE DOLORES ESTRADA, ANDRES CASTRO and ENMANUEL MONGALO, destroyed
the ambition of the filibusters and the United States intervention during the
National War; BENJAMIN ZELEDON'S anti-interventionist deeds; AGUSTO C. SANDINO,
General of Free People and Father of the ´Grassroots and Anti-imperialist
Revolution;´ the heroic action of RIGOBERTO LOPEZ PEREZ, who marked the
beginning of the struggle to get rid of the dictatorship; the example set by
CARLOS FONSECA—the greatest follower of Sandino's legacy—who was the founder of
the Sandinista National Liberation Front and Leader of the Revolution; and the
generations of Heroes and Martyrs who forged and carried forward the liberation
struggle for national independence.
In the name of
The Nicaraguan people, every democratic, patriotic and revolutionary
political party and organization in Nicaragua, the men and women, the workers
and peasants, the glorious youth, the heroic mothers, those Christians—moved by
their faith in GOD—who committed to and joined the struggle for liberation of
the oppressed, the patriotic intellectuals, and all others who—through their
productive labor—contribute to the defense of the nation.
Those who ensure the happiness of future generations by offering their
lives in the struggle against imperialist aggression.
For the establishment of a legal framework to protect and uphold the
achievements of the Revolution; building a new society dedicated to the
elimination of all forms of exploitation, achieving economic, political, and
social equality for all Nicaraguans; and absolute respect for human rights.
FOR THE HOMELAND, FOR THE REVOLUTION, FOR THE UNITY OF THE OF THE NATION,
AND FOR PEACE.
We hereby enact the following
POLITICAL CONSTITUTION OF THE
REPUBLIC OF NICARAGUA
TITLE 1
Fundamental
Principles
Only Chapter
Art. 1 Independence, sovereignty,
and self-determination are inalienable rights of the Nicaraguan people, and they
are foundations of the Nicaraguan nation. Any foreign interference in the
internal affairs of Nicaragua, or any attempt to undermine these rights is an
attack on the life of the people. Nicaraguans must keep and advocate such
rights.
Art. 2 The nation´s sovereignty belongs to the people, and it is exercised
through democratic instruments by freely deciding upon and participating in the
construction and perfection of the nation´s economic, political and social
system. The people have political power through their representatives, who are
freely elected by universal suffrage; equal, free and direct elections and
secret ballot, and no other persons or meeting of persons may claim such
entitlement or representation. This political power may also be exercised by
means of a referendum, plebiscite or other procedures as set forth in this Political
Constitution and Laws.
Art. 3 The struggle for peace and the establishment of a just world order
are unrenounceable national commitments made by the Nicaraguan nation. We,
therefore, oppose all forms of colonialist and imperialist domination and
exploitation. The Nicaraguan people are in solidarity with all those who
struggle against oppression and discrimination.
Art. 4 The State or Government will promote and guarantee social and
political advancement to for the safe of common good, assuming the task of
promoting human development and protecting every Nicaraguan against any form of
exploitation, discrimination, and exclusion.
Art. 5 The principles of the Nicaraguan nation are: freedom, justice,
respect for human dignity, political, social, and ethnic pluralism, recognition
of different forms of ownership, free international cooperation, and respect
for free self-determination of the peoples.
Political pluralism ensures the existence and participation of all
political organizations in the country´s economic, political, and social
affairs, regardless of the ideology, except for organizations intending to re-establish
any type of dictatorship or any other antidemocratic system.
The State recognizes the existence of indigenous people. They enjoy their
rights, duties, and guarantees (civil liberties) set out in the Constitution, particularly
those intended to maintain communal forms of land ownership—enjoyment, use of
such lands, that is, everything as provided by law. This Constitution establishes
autonomy in the communities on the East Coast of Nicaragua, known as the ´Atlantic
Coast.´
Different forms of ownership: public, private, partnership, cooperative,
and communal ownership must be protected and encouraged impartially in order to
create wealth. These forms of ownership in place must fulfill a social function
or role.
Nicaragua's international relations are based on friendship and
solidarity between peoples and reciprocity between States. Therefore, Nicaragua
refrains from and proscribes every political, military, economic, and religious
act of aggression, including interference in the internal affairs of other
States. It recognizes the principle of peaceful settlement in international
controversies, using the means provided by international law. It bans the use
of nuclear weapons and other means of mass destruction to resolve domestic or
international conflicts. Nicaragua guarantees asylum for persons facing persecution
the grounds of political reasons, rejecting any type of subordination of one
State to another.
Nicaragua adheres to principles contained in American International Law,
which is fully recognized and ratified.
Nicaragua agrees with regional integration, advocating reconstruction of
the Great Central American Fatherland.
TITLE II
The State
Only Chapter
Art. 6 Nicaragua is an independent, free, sovereign, unitary and
indivisible State.
Art. 7 Nicaragua is a participatory and representative democratic
republic. It has four Branches of Government: the Legislature, Executive,
Judiciary, and Electoral branch.
Art. 8 Nicaraguan people are multi-ethnic, and they form part of the
Central American nation.
Art. 9 Nicaragua strongly defends a Central American unity; it supports
and promotes every effort to achieve political and economic integration and
cooperation in Central America; it also backs efforts to build and keep peace
in this region.
Nicaragua, inspired by the ideals of Simón Bolivar and Sandino, strives
for the unity of the people of Latin American and the Caribbean. Consequently,
Nicaragua, along with other Central and Latin American countries, will
participate in the creation and election of the bodies intended to achieve such
goals.
This principle shall be regulated by appropriate legislation and
treaties.
Art. 10 The Nicaraguan territory is located between the Caribbean Sea and
the Pacific Ocean and the Republics of Honduras and Costa Rica. Nicaragua´s sovereignty,
jurisdiction, and rights are extended over the adjacent islands, cays, reefs,
including interior waters, the territorial sea, the adjacent area, the continental
shelf, the exclusive economic area, and the corresponding airspace in
accordance with the law and the rules of International Law.
The Republic of Nicaragua only recognizes international obligations over
its territory, provided that such obligations had been freely agreed and in
accordance with the Political Constitution of the Republic and rules of
International Law. Likewise, Nicaragua is not bound by treaties signed by other
countries, where Nicaragua had not been a Contracting Party.
Art. 11 Spanish is the official language of the State. The languages used
by the Communities on the East or Atlantic Coast shall also be used officially
in cases as provided by law.
Art. 12 The city of Managua is the capital of the Republic and the seat of
the different Branches of the State Government. Under exceptional circumstances,
these branches may perform their duties elsewhere in the nation.
Art. 13 The symbols of the nation are the national anthem, the flag, and
the official seal, as stated by the law, which defines their characteristics
and uses.
Art. 14 The State has no official religion.
TITLE III
Nicaraguan
Nationality
Only Chapter
Art. 15 Nicaraguans are either nationals or nationalized people.
Art. 16 Nationals are:
1) Those born in Nicaraguan territory, except children of foreigners in
diplomatic service, children of foreign officials serving in international
organizations, or those sent by their government to work in Nicaragua, unless
they choose to apply for a Nicaraguan nationality.
2) Children of a Nicaraguan father or mother.
3) Children born abroad to fathers and mothers who originally were
Nicaraguan, as long as they apply for citizenship after reaching legal age or
independence.
4) Infants of unknown parents found in Nicaragua. Should their identity
or kinship become known, this would be corrected in accordance with the law.
5) Children born to foreign parents on board a Nicaraguan aircraft or
vessel, as long as they apply for Nicaraguan nationality.
Art. 17 Native born Central Americans who reside in Nicaragua have the
right to apply for Nicaraguan nationality from the competent authorities
without waiving their other nationality.
Art. 18 The National Legislative Assembly may grant nationality to foreigners
deserving this merit by virtue of extraordinary service rendered to Nicaragua.
Art. 19 Foreigners who have given up (renounced) their nationality may be
nationalized by applying to the competent authorities, provided that they have fulfilled
the requirements and conditions stated by law in this respect.
Art. 20 No national may be deprived of nationality. Nobody may be
deprived of Nicaraguan nationality because of having acquired another nationality.
Art. 21 The granting, loss, and recovery of nationality shall be as provided
by law.
Art. 22 Cases of dual nationality shall be treated in conformity with
treaties and the principle of reciprocity.
TITLE IV
Rights, Duties,
and Guarantees (Civil Liberties)
of the Nicaraguan
People
Chapter I
Individual Rights
Art. 23 The right to life is inviolable and inherent to all persons.
There is no death penalty in Nicaragua.
Art. 24 All persons have duties to their families, the community, the homeland,
and humanity. The rights of each individual are limited by the rights of
others, the collective security and the just requirements for the sake of common
good.
Art. 25 All persons have the right to:
1) Personal freedom;
2) Security;
3) Acknowledgment of one´s legal status.
Art. 26 Everybody has the right to:
1) Privacy and the privacy of their family;
2) Inviolability of their homes, correspondence, and communications;
3) Respect for their honor and reputation;
4) To know any information—about him or her—that has been recorded by
state authorities; an individual has the right to know why and the purpose for
keeping such information.
A private home may only be
searched after showing a warrant from a competent judge, except:
a) If those dwelling in a house stated that a crime is being committed
there, and if they ask for help;
b) In case the lives of inhabitants or property were threatened by fire,
flood, or any other similar cause;
c) When reporting that strangers obviously attempt to commit a crime (flagrante delicto), or they have been
seen inside a dwelling;
d) In case of current and immediate chase of a criminal;
e) To rescue a hostage.
This is done in accordance with the procedures as provided by law.
The law shall determine the cases and procedures for examination of
private documents, books of account and related documents, whenever required
for cases under investigation—before the Law Courts—or for fiscal (tax)
reasons. Illegally seized letters, documents, and other private papers shall be
null and void in legal proceedings or elsewhere.
Art. 27 All persons are equal before the law and have the right to equal
protection under the law. There shall be no discrimination on the basis of
birth, nationality, political belief, race, gender, language, religion,
opinion, national origin, economic position or social condition.
Foreigners have the same rights and duties as Nicaraguans, except for
political rights and other rights established by law, foreigners may not
intervene in the country´s political affairs.
The State or Government respects and guarantees the rights—recognized in
the current Constitution—of all people in its territory and under its
jurisdiction.
Art. 28 Nicaraguans outside the country have the right to enjoy appeal or
remedy of legal protection (Amparo) by the State. This is carried out by its
diplomatic and consular representatives.
Art. 29 All persons have the right to freedom of conscience and thought
and to profess or not to profess a religion. No one shall be a victim of
coercive measures which diminish these rights; no one shall be forced to
declare his/her creed, ideology, or beliefs.
Art. 30 Nicaraguans have the right to freely express their beliefs in
public or private, individually or collectively, in oral, written, or any other
form.
Art. 31 Nicaraguans have the right to travel and reside anywhere in the
nation, freely entering and leaving the country.
Art. 32 No one is under obligation to do what is not required by law;
likewise, nobody is kept from doing what is not prohibited by law.
Art. 33 No one may be arbitrarily detained, imprisoned or be deprived of liberty,
except in cases as provided by law and in accordance with legal procedures.
Therefore:
1) An individual may be detained only by a warrant issued by a competent
judge or an official expressly authorized by law, except when apprehended in
the act of committing a crime.
2) All detained persons have the right to be:
2.1 Informed in detail, without delay, about the reasons for their
detention and the charges against them in a language they understand; to have
their family, or whoever is deemed appropriate, informed about such detention;
and to be treated with respect in accordance with the dignity inherent to all
human beings.
2.2 An individual is to be set free or brought before a competent legal
authority within 48 hours after detention.
3) After serving a prison sentence, no one must be detained after a
release order has been granted by the competent authority.
4) An authority is liable for ordering and illegally detaining someone.
5) The appropriate authorities shall try to maintain those awaiting trial
apart from those who have been sentenced—in different prisons.
Art. 34 All those awaiting trial have the rights to the following minimum
guarantees:
1) To be presumed innocent until proven guilty according to law.
2) To be tried without undue delay by a competent court established by
law. There is no ancillary jurisdiction. A person may be neither removed from
the jurisdiction of his/her competent judge nor taken to a court which has jurisdiction
over extraordinary matters.
3) A review is conducted, in cases as determined by law, before being
brought to a jury trial.
4) To ensure the right to a defense, that is, to participate personally from
the start of hearings and proceedings, likewise, to have enough time and means
to prepare their defense.
5) To be represented by a public defender when legal counsel has not been
selected by the time of the first hearing, or in the event that there was no
prior call by edict. The accused shall have the right to communicate freely and
in private with his/her legal counsel.
6) To be helped by an interpreter—free of charge, if the detainee does
not understand the language spoken at court.
7) Not to be forced to testify against themselves or against a spouse or
a partner in a common-law relationship, or a family member within the fourth degree
of kinship or consanguinity or the second degree of family relationship, or to admit
their own guilt.
8) To be found guilty or not guilty within the legal time period, by each
of the courts involved.
9) To have the right to appeal to a superior court upon conviction of any
crime.
10) Not to be brought to trial twice for the same crime for which a final
judgment of conviction or acquittal has been issued.
11) Not to be brought to trial or sentenced for acts or omissions which
at the time committed had not been, clearly and unequivocally, prescribed
by law as a punishable crime, thus there is no offense to be penalized by law.
It is forbidden to make proscription laws, or apply penalties or defamatory
treatment.
Criminal proceedings must be open to the public, but in some cases the
press and general public may be excluded for moral considerations or for public
order or national security.
Since the start of a legal action, the victim or offended person shall be
a party in the trials and court procedures involved.
Art. 35 Minors shall not be judged in a trial: they shall not be involved
in any legal proceedings. Minors who violate the law may not be taken to prisons
or rehabilitation centers. A specialized institution or body shall take care of
these minors in facilities, as provided by law.
Art. 36 All persons shall have the right to be respected as for their
physical, psychological, and moral integrity. No one shall be subjected to
torture, or inhumane, cruel or humiliating treatment. Violation of this right is
a crime, and it shall be punished as provided by law.
Art. 37 The penalty or punishment shall not be applied to another person
other than the accused. No penalty may, independently or consecutively, mean a
sentence of more than thirty years in prison.
Art. 38 The law is not retroactive, except when favorable to the accused in
criminal matters.
Art. 39 In Nicaragua, the penitentiary system is humane; its main
objective is to transform the detainee into a person capable of joining society
again. The penitentiary system promotes gradually family unity, health care,
educational and cultural advancement, and employment of the inmate to get
compensation. Punishment is intended to educate prisoners.
Convicted women will serve their sentences in different prisons from
those of men; an effort will be made to get jailors of the same sex.
Art. 40 No one shall be subjected to involuntary servitude. Slavery and
slave trade in any form are prohibited.
Art. 41 Nobody shall be detained for debts. This principle does not restrict
powers of competent legal authorities to issue court orders due to non-compliance
with child support. All nationals and foreign citizens must pay their debts.
Art. 42 Nicaragua recognizes and secures the right to be a refugee,
ensuring asylum. Such right is applicable to only those persecuted because of
their struggle for democracy, peace, justice, and human rights.
Granting political asylum shall be determined by law in accordance with
international agreements ratified by Nicaragua. If a political refugee or exile
is expelled from Nicaragua, such person may not be sent back to the country in
which he/she was persecuted.
Art. 43 Extradition from Nicaragua will not be permitted for political
crimes or their related common crimes, at Nicaragua's own discretion. Extradition
for other common crimes takes place as stated by law and International
Treaties. Nicaraguans may not be extradited from Nicaragua.
Art. 44 Everybody has the right to private or personal property—chattel
and real estate, tools and means of production.
Pursuant to the social function of property—because of public use or
social interest, exercising this right is subject to constraints and duties as
provided by legislation. Said real estate in the first paragraph may be
expropriated, or there may be compulsory purchase in accordance with the law,
prior to cash payment corresponding to a just compensation.
Concerning expropriation of idle landed estates for the purposes of agrarian
reform, the law shall determine the form, quantity, installments, and interests
recognized for such compensation or indemnity.
Confiscation of goods is prohibited. Officials breaching this provision
shall always be accountable, and they shall pay by using their goods whenever
there is damage involved.
Art. 45 Persons whose constitutional rights have been violated or are likely
to be violated have the right to submit writ or remedy of Habeas Corpus or Amparo,
according to the circumstances and the Law of Amparo (a legal procedure for the
review of administrative acts).
Art. 46 All persons in Nicaragua shall enjoy protection and recognition—by
the state—of the rights inherent to all human beings, as well as unrestricted
respect, promotion and protection of human rights, and full observance of the
rights set forth in the Universal Declaration of Rights and Duties, in the
American Declaration of Rights and Duties of Man; the International Covenant on
Economic, Social and Cultural Rights, and the International Covenant on Civil
and Political Rights of the United Nations; and the American Convention on
Human Rights of the Organization of American States.
Chapter II
Political Rights
Art. 47 All Nicaraguans who are 16 years of age are full citizens.
All citizens enjoy the political rights set forth in the Constitution and
in other laws, without limitations other than those established on the grounds
of age.
A citizen´s rights are suspended when serious corporal or specific
related punishments are applied. This also applies where an executory sentence
or judgment of a civil injunction is made.
Art. 48 Under unconditional equality, all Nicaraguans enjoy the same
political rights. In the exercise of these rights—fulfilling these
responsibilities and duties, there exists absolute equality between men and
women.
It is the obligation of the State to remove obstacles that hinder
effective participation of Nicaraguans in the country´s political, economic,
and social life.
Art. 49 In Nicaragua, workers in the cities and countryside, women,
youth, agricultural workers or farmers, artisans, professionals, technicians,
intellectuals, artists, religious people, the communities of the Atlantic Coast
and the population in general have the right to form organizations, in order to
reach their aspirations according to their own interests, without
discrimination, getting involved in building a new society.
Such organizations may be formed by the voluntary participation and free
will of their members. They shall play a social role, and they may be a partisan,
according to their nature and purposes.
Art. 50 Citizens have the right to participate under equal conditions in
public affairs and in management of the State. Effective people´s participation
at local and national levels shall be established by law.
Art. 51 Citizens have the right to elect and be elected in regular
elections, running for public office, except for limitations contained in this
Political Constitution.
It is a duty of a citizen to carry out the duties as a member of a jury,
and other related city council jobs, except if he/she has an excuse admitted by
the law.
Art. 52 Citizens have the right, individually or in association with
others, to petition, report irregularities, and make constructive criticisms to
the branches of State Government or any authority; citizens have the right for
an expeditious decision or answer, which has to be made known within the time
periods established by law.
Art. 53 The right to peaceful assembly is recognized: exercising this
right does not require prior permission.
Art. 54 The right to public meeting or assembly, demonstration, and
mobilization of people is recognized under the law.
Art. 55 Nicaraguan citizens have the right to organize or join political
parties in order to participate in, exercise, and compete in order to gain
power.
Chapter III
Social Rights
Art. 56 The State shall, through its programs, give special care to the
handicapped and relatives of those fallen in battle and war victims in general.
Art. 57 Nicaraguans have the right to work, which is consistent with
human nature.
Art. 58 Nicaraguans have the right to education and culture.
Art. 59 Every Nicaraguan has an equal right to health care. The State
shall establish basic conditions for promotion, protection, recuperation, and
rehabilitation of the people´s health.
Organization and management of health care programs, services, and
activities are responsibilities of the State, which shall also promote grassroots
involvement for the sake of health.
Citizens are obliged to follow established sanitary measures.
Art. 60 Nicaraguans have the right to live in a healthy environment. It
is obligation of the State or Government to preserve, conserve, and restore the
country´s environment and natural resources.
Art. 61 The State guarantees Nicaraguans the right to social security for
protection against the social contingencies in life and work, in the manner and
conditions determined by law.
Art. 62 The State shall strive to set up programs for physical,
psycho-social, and professional rehabilitation of the handicapped, and for
their job placement.
Art 63. All Nicaraguans have the right to be protected against hunger.
The State shall promote programs which assure adequate availability and
equitable distribution of
food.
Art 64. Nicaraguans have the right to decent, comfortable, and safe
housing that guarantees privacy of the family. The State shall promote the
fulfillment of this right.
Art 65. Nicaraguans have the right to sports, physical education,
relaxation, and recreation. As for comprehensive development, the State shall
promote sports and physical education in specific programs and projects; this
will be done through the organized and mass participation of the people.
Art 66. Nicaraguans have the right to accurate information. This right
includes the freedom to seek, receive, and disseminate information and ideas, either
spoken or written, in graphic or any other form as may be chosen.
Art 67. The right to provide information is a social responsibility, complying
with strict respect for the principles established in the Constitution. This
right may not be subject to censorship, but may be subject to subsequent responsibilities
established by law.
Art 68. The role of the mass media must be to contribute to our national
interests.
Nicaraguans have the right to have access to mass media and ask for
clarification, when their rights and guarantees (civil liberties) are
infringed.
The State or Government shall prevent the media from being subordinate to
foreign interests or a big monopoly of any particular group. The pertinent law shall
apply in this matter.
Importing paper, machinery, equipment, spare parts for the printed and broadcast
mass media, including importing, circulating, and selling books, handouts,
magazines, scientific, and school materials—for teaching, newspapers, and other
regular publications shall be exempted from any type of municipal, regional,
and fiscal tax. Tax laws shall regulate or be applicable in this matter.
Operations of public, corporate or private media shall not be subject to
prior censorship. The printing press or its accessories, or any other means or equipment
designed for disseminating thoughts may not be seized as evidence or corpus
delicti.
Art. 69 All persons, either individually or in association with others,
have the right to practice their religion in public or private, through
worship, practice, and teaching.
No one may disobey the law or prevent others from exercising their rights
and fulfilling their duties by invoking religious beliefs or inclinations.
Chapter IV
Family
Rights
Art. 70 The family is the fundamental unit of society and has the right
to be protected by society and the State.
Art. 71 A Nicaraguan has the right to have a family. A family or
matrimonial property may not be seized, and it is exempted from any obligations
owed to the government or welfare charges. The law shall regulate, protecting such
right.
Children enjoy special protection—observing all child´s rights, and hence
the International Convention on the Rights of the Child is in full effect.
Art. 72 Marriage and partners in a common-law relationship are protected
by the State. This relationship is based on the voluntary agreement between a
man and a woman, and such relationship may be dissolved by mutual consent or by
the will of one of the parties, as provided by law.
Art. 73 Family relationships are based on respect, solidarity, and
absolute equal rights and responsibilities between a man and a woman.
Parents must work together to maintain the household and provide for the comprehensive
development of their children, with equal rights and responsibilities—through a
common effort. Furthermore, children are obligated to respect and help their
parents. These duties and rights shall be fulfilled in accordance with the applicable
legislation.
Art. 74 The State grants special protection to the process of human
reproduction.
Escritor de más de una docena de libros bilingües técnicos y de Nicaragua.
