Venezuela is a South American country located on the shores of the Caribbean Sea, and the Atlantic Ocean, sharing a border with Colombia, Brazil, Trinidad and Tobago, Guyana. The population of this country is approx 3,05,18,000 with 9,16,445 square kilometers area. Ethnically, 51% of the population is multiracial, 43% is white, and 6% is from other ethnic communities. The official language is Spanish, with 26 other languages spoken locally. Religiously, 92% are Christian, and almost all of them are Catholic.
The Venezuelan constitution is one of the best in the world. Everyone has the right to know the identity of their biological father and mother, for which the state is able to conduct appropriate investigations. Daily working hours will not exceed 8 hours. Employees can get a cut of the profits from any business they work for. If an employee's salary is paid late, appropriate interest will be paid along with the salary.
These are positive aspects. Now let's discuss the negative aspects.
The Venezuelan constitution guarantees special privileges to the so-called indigenous peoples, which is incompatible with the idea of democracy. All the people of the world collectively constitute one nation - human nation. Are these so-called indigenous peoples the original inhabitants of the earth, and the rest of us have come from another planet?
In Article 263, there is no clear definition of ‘honorable citizen’, and ‘good reputation’. In the eyes of some parents, getting ‘A’ grade for their child is an 'achievement', while in the eyes of other parents, never lying to their parents is a real 'achievement' compared to grades. There should be a clear explanation of everything in the constitution, and the laws.
Admirable Articles of Venezuela's Constitution
Article 3
The essential purposes of the State are the protection and development of the individual and respect for the dignity of the individual, the democratic exercise of the will of the people, the building of a just and peace loving society, the furtherance of the prosperity and welfare of the people and the guaranteeing of the Fulfillment of the principles, rights and duties established in this Constitution.
Education and work are the fundamental processes for guaranteeing these purposes.
Article 5
Sovereignty resides untransferable in the people, who exercise it directly in the manner provided for in this Constitution and in the law, and indirectly, by suffrage, through the organs exercising Public Power.
The organs of the State emanate from and are subject to the sovereignty of the people.
Article 7
The Constitution is the supreme law and foundation of the legal order. All persons and organs exercising Public Power are subject to this Constitution.
Article 24
No legislative provision shall have retroactive effect, except where it imposes a lesser penalty. Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however, in criminal proceedings, evidence already admitted shall be weighed in accordance with the laws that were in effect when the evidence was admitted, insofar as this benefits the defendant.
When there are doubts as to the rule of law that is to be applied, the most beneficial to the defendant will prevail.
Article 26
Everyone has the right to access the organs comprising the justice system for the purpose of enforcing his or her rights and interests, including those of a collective or diffuse nature to the effective protection of the aforementioned and to obtain the corresponding prompt decision.
The State guarantees justice that is free of charge, accessible, impartial, suitable, transparent, autonomous, independent, responsible, equitable and expeditious, without undue delays, superfluous formalities or useless reinstating.
Article 46
Everyone is entitled to respect for his or her physical, mental and moral integrity, therefore:
1. No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State has the right to rehabilitation.
2. Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
3. No person shall be subjected without his or her freely given consent to scientific experiments or medical or laboratory examinations, except when such person’s life is in danger, or in any other circumstances as may be detained by law.
4. Any public official who, by reason of his official position, inflicts mistreatment or physical or mental suffering on any person or instigates or tolerates such treatment, shall be punished in accordance with law.
Article 49
All judicial and administrative actions shall be subject to due process, therefore:
1. Legal assistance and defense are inviolable rights at all stages and levels during the investigation and proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right to appeal, except in the cases established by this Constitution and by the law.
2. Any person shall be presumed innocent until proven otherwise.
3. Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such reasonable time limit as may be legally detained, by a competent, independent and impartial court established in advance. Anyone who does not speak Spanish or is unable to communicate verbally is entitled to an interpreter.
4. Every person has the right to be judged by his or her natural judges of ordinary or special competence, with the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the identity of the party judging him or her, nor be adjudged by exceptional courts or commissions created for such purpose.
5. No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner, or any other relative within the fourth degree of consanguinity or the second degree of affinity. A confession shall be valid only if given without coercion of any kind.
6. No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or infraction.
7. No person shall be placed on trial based on the same facts for which such person has been judged previously.
8. Every person shall request from the State the restoration or remediation of a legal situation adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is without prejudice to the right of the individual to seek to hold the magistrate or judge personally liable, and that of the State to take action against the same.
Article 56
Every person has the right to his own name, to the summates of his father and mother, and to know the identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain public documents constituting evidence of their biological identity, in accordance with law. Such documents shall not contain any mention classifying the parental relationship.
Article 57
Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship shall be established. Anyone making use of this right assumes full responsibility for everything expressed.
Anonymity, war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship restricting the ability of public officials to report on matters for which they are responsible is prohibited.
Article 68
Citizens have the right to demonstrate, peacefully and without weapons, subject only to such requirements as may be established by law.
The use of firearms and toxic substances to control peaceful demonstrations is prohibited. The activity of police and security corps in maintaining public order shall be regulated by law.
Article 76
Motherhood and fatherhood are fully protected, whatever the marital status of the mother or father. Couples have the right to decide freely and responsibly how many children they wish to conceive, and are entitled to access to the information and means necessary to guarantee the exercise of this right. The State guarantees overall assistance and protection for motherhood, in general, from the moment of conception, throughout pregnancy, delivery and the puerperal period, and guarantees full family planning services based on ethical and scientific values.
The father and mother have the shared and inescapable obligation of raising, training, educating, maintaining and caring for their children, and the latter have the duty to provide care when the former are unable to do so by themselves. The necessary and proper measures to guarantee the enforceability of the obligation to provide alimony shall be established by law.
Article 82 (Part of it)
Every person has the right to adequate, safe and comfortable, hygienic housing, with appropriate essential basic services, including a habitat such as to humanize family, neighborhood and community relations. The progressive meeting of this requirement is the shared responsibility of citizens and the State in all areas.
Article 86
All persons are entitled to Social Security as a nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness, invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right, creating a universal and complete Social Security system, with joint, unitary, efficient and participatory financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding persons from protection by the system. Social Security financial resources shall not be used for other purposes. The mandatory assessments paid by employees to cover medical and health care services and other Social Security benefits shall be administered only for social purposes, under the guidance of the State. Any net remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution and contribution to those services. The Social Security system shall be ruled by a special organic law.
Article 87
All persons have the right and duty to work. The State guarantees the adoption of the necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified and decorous living and guarantee him or her the full exercise of this right. It is an objective of the State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.
Every employer shall guarantee employees adequate safety, hygienic and environmental conditions on the job. The State shall adopt measures and create institutions such as to make it possible to control and promote these conditions.
Article 90
Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the benefit of the physical, spiritual and cultural development of workers.
Workers are entitled to weekly time off and paid vacations on the same terms as for days actually worked.
Article 91
Every worker has the right to a salary sufficient to enable him or her to live with dignity and cover basic material, social and intellectual needs for himself or herself and his or her family. The payment of equal salary for equal work is guaranteed, and the share of the profits of a business enterprise to which workers are entitled shall be determined. Salary is not subject to garnishment, and shall be paid periodically and promptly in legal tender, with the exception of the food allowance, in accordance with law.
The State guarantees workers in both the public and the private sector a vital minimum salary which shall be adjusted each year, taking as one of the references the cost of a basic market basket. The form and procedure to be followed, shall be established by law.
Article 92
All workers have the right to benefits to compensate them for length of service and protect them in the event of dismissal. Salary and benefits are labor obligations due and payable immediately upon accrual. Any delay in payment of the same shall bear interest, which constitutes a debt certain and shall enjoy the same privileges and guarantees as the principal debt.
Article 96
All employees in both public and the private sector have the right to voluntary collective bargaining and to enter into collective bargaining agreements, subject only to such restrictions as may be established by law. The State guarantees this process, and shall establish appropriate provisions to encourage collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all workers who are active as of the time they are signed, and those hired thereafter.
Article 114
Economic crime, speculation, hoarding, usury, the formation of cartels and other related offenses, shall be punished severely in accordance with law.
Article 238
The Executive Vice-President is a direct subordinate of and works closely with the President of the Republic in the latter’s capacity as Head of the National Executive.
The Executive Vice-President must meet the same requirements prescribes for eligibility for the office of President of the Republic, and must not be related to the latter by either blood or marriage.
Article 299
The economic regime of the Bolivarian Republic of Venezuela is based on the principles of social justice, democratization, efficiency, free competition, protection of the environment, productivity and solidarity, with a view to ensuring overall human development and a dignified and useful existence for the community. The State, jointly with private initiative, shall promote the harmonious development of the national economy, to the end of generating sources of employment, a high rate of domestic added value, raising the standard of living of the population and strengthen the economical sovereignty of the country, guaranteeing the reliability of the law; the solid, dynamic, sustainable, continuing and equitable growth of the economy to ensure a just distribution of wealth through participatory democratic strategic planning with open consultation.
Article 304
All waters are property in the Nation’s public domain, essential to life and development. The necessary provisions shall be established by law to guarantee the protection, utilization, and recuperation thereof, respecting the phases of the hydrological cycle and zoning criteria.
Article 305
The State shall promote sustainable agriculture as the strategic basis for overall rural development, and consequently shall guarantee the population a secure food supply, defined as the sufficient and stable availability of food within the national sphere and timely and uninterrupted access to the same for consumers. A secure food supply must be achieved by developing and prioritizing internal agricultural and livestock production, understood as production deriving from the activities of agriculture, livestock, fishing and aquiculture. Food production is in the national interest and is fundamental to the economic and social development of the Nation. To this end, the State shall promulgate such financial, commercial, technological transfer, land tenancy, infrastructure, manpower training and other measures as may be necessary to achieve strategic levels of self-sufficiency. In addition, it shall promote actions in the national and international economic context to compensate for the disadvantages inherent to agricultural activity.
The State shall protect the settlement and communities of non industrialized fishermen, as well as their fishing banks in continental waters and those close to the coastline, as defined by law.
Article 306
The State shall promote conditions for overall rural development, for the purpose of generating employment and ensuring the rural population an adequate level of well-being, as well as their inclusion in national development. It shall likewise promote agricultural activity and optimum land use by providing infrastructure projects, supplies, loans, training services and technical assistance.
Article 307
The predominance of large land estates is contrary to the interests of society. Appropriate tax law provisions shall be enacted to tax fallow lands and establish the necessary measures to transform them into productive economic units, likewise recovering arable land. Farmers and other agricultural producers are entitled to own land, in the cases and forms specified under the pertinent law. The State shall protect and promote associative and private forms of property in such manner as to guarantee agricultural production. The State shall see to the sustainable ordering of arable land to guarantee its food producing potential.
In exceptional cases, quasi-tax contributions shall be created to provide funds for financing, research, technical assistance, transfer of technology and other activities that promote the productivity and competitiveness of the agricultural sector. These matters shall be appropriately regulated by law.
Article 309
Typical Venezuelan crafts and folk industries shall enjoy the special protection of the State, in order to preserve their authenticity, and they shall receive credit facilities to promote production and marketing.
Article 324
Only the State shall be permitted to possess and use weapons of war; any such weapons which now exist or are manufactured in or imported into the country shall become the property of the Republic, without compensation or proceedings. The National Armed Forces shall be the institution of competence to regulate and control, in accordance with the pertinent legislation, the manufacture, importing, exporting, storage, transit, registration, control, inspection, marketing, possession and use or other weapons, munitions and explosives.
Facts of Venezuela's Constitution
Article 100
The folk cultures comprising the national identity of Venezuela enjoy special attention, with recognition of and respect for intercultural relations under the principle of equality of cultures. Incentives and inducements shall be provided for by law for persons, institutions and communities which promote, support, develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life, recognizing the idiosyncrasies of cultural work, in accordance with law.
Article 119
The State recognizes the existence of native peoples and communities, their social, political and economic organization, their cultures, practices and customs, languages and religions, as well as their habitat and original rights to the lands they ancestrally and traditionally occupy, and which are necessary to develop and guarantee their way of life. It shall be the responsibility of the National Executive, with the participation of the native peoples, to demarcate and guarantee the right to collective ownership of their lands, which shall be inalienable, not subject to the law of limitations or distrait, and nontransferable, in accordance with this Constitution and the law.
Article 121
Native peoples have the right to maintain and develop their ethnical and cultural entity, world view, values, spirituality and holy places and places of cult. The State shall promote the appreciation and dissemination of the cultural manifestations of the native peoples, who have the right to their own education, and an education system of an intercultural and bilingual nature, taking into account their special social and cultural characteristics, values and traditions.
Article 125
Native peoples have the right to participate in politics. The State shall guarantee native representation in the National Assembly and the deliberating organs of federal and local entities with a native population, in accordance with law.
Article 263
To be a justice of the Supreme Tribunal of Justice, a person must:
● Have Venezuelan nationality by birth.
● Be recognized as an honorable citizen.
● Be a jurist of recognized competence; enjoy a good reputation; have a minimum of 15 years experience practicing law and have a post graduate degree in law, or have at least 15 years experience as a university professor of law, having obtained the rank of full professor; or be or have been a superior court judge in the specialty of the division for which he is a candidate, having been a sitting judge for at least 15 years and gained recognized prestige in the performance of his duties.
● Any other requirements established by law.
