Article 27:
Exercise of rights and freedoms with due regard to the rights of others, collective security,
morality and common interest
437. Rights and freedoms shall be exercised in accordance with the Constitution and the law.
The exercise of rights and freedoms shall not in any way violate the rights of other persons, the
collective security, morality and the common interest. Several legislative texts supported by
regulatory texts govern the exercise of these rights and freedoms, determine their legal regime
and lay down the sanctions applicable in the event of violation of the rights of others or against
the inherent requirements transgressing the collective security, morality and the common
interest. For example, this is applicable to the fundamental codes: (civil code, commercial
code, family code, criminal code…); specific laws (law on information, law on public
meetings and demonstrations, law governing elections, law on political parties, law governing
the practice of religion other than Islam …).
738. Furthermore, for the citizen, the obligation to exercise and enjoy these rights and
freedoms, while respecting the rights and freedoms of others is enshrined in Article 63 of the
Constitution, which stipulates that “All the rights which a person enjoys shall be exercised in a
manner which is respectful of the rights conferred by the Constitution on others, in particular
by the right to honour, to the intimacy and the protection of the family, of youth and
childhood”.
439. In this respect, the State of Algeria, by means of its judicial authority and security
agencies ensures the respect of this obligation, and consequently of the security of persons,
property and of the national community and the guarantee of the exercise of public
freedoms. The intervention by the State in this area is exercised in compliance with the law,
according to the laws and regulations in the Republic, in particular with the provisions of the
Criminal Procedure Code under the supervision of the magistrates at the Public Prosecutor’s
Office.
440. While ensuring that this Constitutional requirement is complied with by every citizen, the
State serves as a regulator by guaranteeing and protecting these rights and public freedoms by
initiating the procedures and mechanisms put in place by the lawmaker, according to the
provisions set forth by the relevant legislation including international Conventions and Treaties
signed and ratified by Algeria.
Articles 28 and 29:
Other individual duties
Harmonious Development of the Family
441. The family, from the point of view of its harmonious development, social cohesion and
respect, has been given special attention by the lawmaker, the public authorities and civil
society. The Algerian lawmaker has devoted several legal provisions to the family. They
include, inter alia: some basic provisions contained in the civil code (capacity, full age of
adulthood, ….) and the civil and administrative procedure code (the institution of a section of
family affairs to each court: Section 423 et seq.); of the family code containing the provisions
relating to guardianship, the right of custody (or hadana), divorce (Law No. 84-11 of 9 June
1984, as amended and supplemented; Ordinance No. 70-86 of 15 December 1970 concerning the
Algerian nationality Code, as amended and supplemented, which henceforth allows the woman
to grant Algerian nationality to her children.
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