New Rights and Guarantees
Section 36.- This Constitution shall rule even when its observance is interrupted by acts of force against the institutional order and the democratic system. These acts shall be irreparably null.
Their authors shall be punished with the penalty foreseen in Section 29, disqualified in perpetuity from holding public offices and excluded from the benefits of pardon and commutation of sentences.
Those who, as a consequence of these acts, were to assume the powers foreseen for the authorities of this Constitution or for those of the provinces, shall be punished with the same penalties and shall be civil and criminally liable for their acts. The respective actions shall not be subject to prescription.
All citizens shall have the right to oppose resistance to those committing the acts of force stated in this section.
He who, procuring personal enrichment, incurs in serious fraudulent offense against the Nation shall also attempt against the democratic system, and shall be disqualified to hold public office for the term specified by law.
Congress shall enact a law on public ethics which shall rule the exercise of public office.
Section 37.- This Constitution
guarantees the full exercise of political rights, in accordance with
the principle of popular sovereignty and with the laws derived therefrom.
Suffrage shall be universal, equal, secret and compulsory.
Actual equality of opportunities for men and women to elective and political party positions shall be guaranteed by means of positive actions in the regulation of political parties and in the electoral system.
Section 38.- Political
parties are basic institutions of the democratic system.
This Constitution guarantees the free establishment and exercise of their activities, as well as their democratic organization and performance, representation of minority groups, competition for those standing as candidates for elective public positions, access to public information and communication of their ideas.
The State contributes to the economic support of their activities and the training of their leaders.
Political parties shall make public the source and destiny of their funds and assets.
Section 39.- Citizens
shall have the right to introduce bills before the House of Deputies.
Congress shall consider them within the term of twelve months.
Congress shall enact, with the vote of the absolute majority of all the members of each House, a regulatory law that cannot demand more than three per cent of the national voters register, which shall be consistent with an adequate territorial distribution in order to support the initiative.
Bills referring to constitutional reform, international treaties, taxation, budget, and criminal legislation shall not originate in popular initiatives.
Section 40.- At the initiative
of the House of Deputies, Congress may submit a bill to popular consultation.
The law calling said consultation shall not be vetoed. With the affirmative
vote of the people of the Nation, the bill shall become a law and
its promulgation shall be automatic.
Congress or the President of the Nation, according to their respective powers, shall call a non-binding popular consultation. In this case voting shall not be compulsory.
With the vote of the absolute majority of all the members of each House, Congress shall regulate the subjects, procedures and time of the popular consultation.
Section 41.- All inhabitants
are entitled to the right to a healthy and balanced environment fit
for human development in order that productive activities shall meet
present needs without endangering those of future generations; and
shall have the duty to preserve it. As a first priority, environmental
damage shall bring about the obligation to repair it according to
The authorities shall provide for the protection of this right, the rational use of natural resources, the preservation of the natural and cultural heritage and of the biological diversity, and shall also provide for environmental information and education.
The Nation shall regulate the minimum protection standards, and the provinces those necessary to reinforce them, without altering their local jurisdictions.
The entry into the national territory of present or potential dangerous wastes, and of radioactive ones, is forbidden.
Section 42.- As regards
consumption, consumers and users of goods and services have the right
to the protection of their health, safety, and economic interests;
to adequate and truthful information; to freedom of choice and equitable
and reliable treatment.
The authorities shall provide for the protection of said rights, the education for consumption, the defense of competition against any kind of market distortions, the control of natural and legal monopolies, the control of quality and efficiency of public utilities, and the creation of consumer and user associations.
Legislation shall establish efficient procedures for conflict prevention and settlement, as well as regulations for national public utilities. Such legislation shall take into account the necessary participation of consumer and user associations and of the interested provinces in the control entities.
Section 43.- Any person
shall file a prompt and summary proceeding regarding constitutional
guarantees, provided there is no other legal remedy, against any act
or omission of the public authorities or individuals which currently
or imminently may damage, limit, modify or threaten rights and guarantees
recognized by this Constitution, treaties or laws, with open arbitrariness
or illegality. In such case, the judge may declare that the act or
omission is based on an unconstitutional rule.
This summary proceeding against any form of discrimination and about rights protecting the environment, competition, users and consumers, as well as about rights of general public interest, shall be filed by the damaged party, the ombudsman and the associations which foster such ends registered according to a law determining their requirements and organization forms.
Any person shall file this action to obtain information on the data about himself and their purpose, registered in public records or data bases, or in private ones intended to supply information; and in case of false data or discrimination, this action may be filed to request the suppression, rectification, confidentiality or updating of said data. The secret nature of the sources of journalistic information shall not be impaired.
When the right damaged, limited, modified, or threatened affects physical liberty, or in case of an illegitimate worsening of procedures or conditions of detention, or of forced missing of persons, the action of habeas corpus shall be filed by the party concerned or by any other person on his behalf, and the judge shall immediately make a decision even under state of siege.