26
Thus, the preamble of the 5th February 1981 Constitution outlines a firm wish to
establish ties of friendship with all Peoples on the basis of the principles of equality.
Title 1 of the Constitution of 5th February 1981 relative to society’s fundamental
bases stipulates in its Article 3 that: « All individuals are equal before the Law… . »
The preamble to the 28th November 1986 Constitution solemnly re-affirms that
« man and woman are born and live free and equal before the Law » and that « the
equality of citizens confers on each the right to apply, in all dignity, for
employment and activities, in conformity with the relevant laws».
Regarding the 14th January 1995 Constitution, Title 1 pertaining to society’s
fundamental bases, in its Article 5 stipulates that: « all human beings are equal before
the Law… . »
And so, the 27th December 2004 Constitution stipulates in its Article 5: « All
human beings are equal before the Law without distinction of race, ethnic origin,
region, gender, religion, political affiliation or social position. The Law guarantees
to men and women equal rights in all areas. In the Central African Republic there
is neither subject, nor privilege of ties, of birth, of the individual or of the family».
The principle of equality has also been raised by the Family Code which is in
force, notably Law n°97.013 of the 11th November 1997 which places and grants
natural children the same rights as those of legitimate children. This principle also
entails concrete action including the promotion of the concept of gender in the Republic
of Central Africa.
3.
The Rights to respect for life and the protection of the individual:
Articles 4 and 5 of the Charter
The very first Constitution of the 16th February 1959, followed by those of 1964
and 1976, placed the human being and his/her life under the protection of the State
whilst guaranteeing respect for it.
The 5th February 1981 Constitution, in its Article 1 stipulates: « the human being
is sacred. All officials of the Public Service are under absolute obligation to
respect and protect it. Everyone has a right to life, to physical integrity and to the
development of his/her personality… ».
The preamble to the Constitution of the 28th November 1986 re-affirms its
attachment to the human being as well as to his/her rights in these terms: « the human
being is sacred and inviolable… ».
With regard to the 14th January 1995 Constitution, Article 2 stipulates: « the
Republic proclaims the respect and guarantee which is sacroscant for the
development of the individual ».
Article 3 of the same Constitution stipulates: « each individual has a right to life
and to physical integrity… No one shall be subjected to either torture, or
inhuman, cruel, degrading or humiliating treatment. Any State Official who is
found guilty of such acts shall be punished in accordance with the Law ».