34. The fundamental principle of non-discrimination in the enjoyment of rights guaranteed by law which
must not exclude any category of population including non-nationals is also set forth in Article 18 of the
Constitution.
35. The Constitution also guarantees the right to a fair and equitable trial by upholding the fundamental
rights of the individual during arrest, prosecution or detention.
36. Articles 11 to 16 of the Constitution provide the necessary guarantees for civil and political rights.
Articles 12, 13 and 14 guarantee the right to privacy with all its implications such as the right to
property, inviolability of homes, confidentiality of correspondence, and freedom of movement. They
are a line of defence against all security measures.
37. The right to freedom of opinion is guaranteed by Article 15 of the Constitution whereas Article 11
encompasses the freedom of thought, conscience and religion. The latter article also guarantees the right
to form and join a trade union as well as the right to strike.
38. The right to vote and to participate in the management of public affairs are guaranteed by articles 5 and
6 which also stipulate that the right to participate in universal suffrage is especially expressed through
freedom to create and conduct activities of political parties.
39. The Constitution puts limitations on the scope of human rights and freedoms under special
circumstances involving respect of the rights of others, public order, national security and protection
against all threats that might endanger individuals.
40. The Constitution, having laid down the guidelines for the organization of human rights, is
supplemented by other legislative and regulatory texts which further define their implementation in
specific areas:
41. The most relevant are:
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Organic law No. 1/AN/92/3rd L amending the Elections Act;
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Organic law No. 2/AN/92/2nd L on freedom of communication;
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Organic law No. 4/AN/93/2nd L establishing the rules of procedure of the Constitutional
Council;
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Act No. 174/AN/02/4th L on the status of regions;
-
Act No. 140/AN/06/4th L on the adoption of a national policy on risk and disaster
management;
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Act No. 48/AN/99/4th L establishing the new healthcare policy;
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Act No. 96/AN/00/4th L on the education system policy;
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Act No. 133/AN05/5th L on the Labour Code;
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