Constitution of Eritrea 1997
Limitations and/or Derogations
  • English
    1. The fundamental rights and freedoms guaranteed under this Constitution may be limited only in so far as is in the interests of national security, public safety or the economic well-being of the country, health or morals, for the prevention of public disorder or crime or for the protection of the rights and freedoms of others.
    2. Any law providing for the limitation of the fundamental rights and freedoms guaranteed in this Constitution must:
    a. be consistent with the principles of democracy and justice;
    b. be of general application and not negate the essential content of the right or freedom in question;
    c. specify the ascertainable extent of such limitations and identify the article or articles hereof on which authority to enact such limitation is claimed to rest.
    3. The provisions of Sub-Article 1 of this Article shall not be used to limit the fundamental rights and freedoms guaranteed under Articles 14(1) and (2); 15;16; 17 (2), (5), (7) and (8); and 19 (1) of this Constitution. (Art. 26)
Limitations and/or Derogations
  • English

    5. A declaration of a state of emergency or any measures undertaken or laws enacted pursuant to it shall not:
    a. suspend Articles 14(1) and (2); 16; 17(2); and 19(1) of the Constitution;
    b. grant pardon or amnesty to any person or persons who, acting under the authority of the State, have committed illegal acts; or
    c. introduce martial law when there is no external invasion or civil disorder. (Art. 27)
Limitations and/or Derogations
  • English
    1. The National Assembly or any subordinate legislative authority shall not make any law, and the Executive and the agencies of government shall not take any action that abolishes or abridges the fundamental rights and freedoms conferred by this Constitution, unless so authorised by this Constitution. Any law or action in violation thereof shall be null and void.
    … (Art. 28)
Limitations and/or Derogations
  • English
    The rights enumerated in this Chapter3 shall not preclude other rights which ensue from the spirit of this Constitution and the principles of a society based on social justice, democracy and the rule of law. (Art. 29)
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2
Chapter III on Fundamental Rights, Freedoms and Duties.
3
Chapter III on Fundamental Rights, Freedoms and Duties.