Constitutional Rights: Suffrage, Environment, and Consumer Protection
Article 37: Suffrage
This constitution guarantees the full exercise of political rights, according to the principle of popular sovereignty and the laws derived therefrom. Suffrage is universal, equal, secret, and compulsory.
Article 38: Political Parties
Political parties are key institutions of the democratic system. The State contributes to the economic development of their activities and the training of their leaders. Political parties should make public the source and destination of their funds and heritage.
Article 39: Citizen Initiative
Citizens have the right of initiative to present bills in the House of Representatives. Congress shall consider them within twelve months. Congress, by the absolute majority vote of all members of each chamber, will create a regulatory law that may not require more than three percent of the national voter registry. This law shall be consistent with an adequate territorial distribution to support the initiative.
Article 41: Environmental Rights
All residents are entitled to a healthy, balanced environment suitable for human development. Productive activities must meet present needs without compromising those of future generations, and residents have a duty to preserve the environment. The Nation will promulgate rules containing minimum protection budgets, and the provinces will create those necessary to reinforce them without altering local jurisdictions. It is prohibited to bring into the territory any present or potentially hazardous and radioactive waste.
Article 42: Consumer Rights
Consumers and users of goods and services have the right, in relation to consumption, to the protection of their health, safety, and economic interests, and to adequate and truthful information. The authorities shall provide for the protection of human rights, education for consumption, defense of competition against all forms of market distortion, control of natural and legal monopolies, the quality and efficiency of public services, and the formation of consumer and user associations. The law shall establish effective procedures for conflict prevention and resolution, and regulatory frameworks for public service competition. This includes the necessary participation of consumer and user associations and the concerned provinces in control agencies.
Article 43: Legal Remedies
- Amparo: Any person may file a prompt action of “amparo”, provided that no other legal remedy exists, against any act or omission by public authorities or individuals which currently or imminently may damage, restrict, modify, or threaten, with open arbitrariness or illegality, rights and guarantees recognized by this Constitution, treaties, or law. In such cases, the judge may declare unconstitutional the provision relied upon for the harmful act or omission.
- This summary proceeding against any form of discrimination and concerning the rights that protect the environment, competition, users, consumers, and rights of general public interest, may be filed by the affected party, the ombudsman, and associations which foster such ends, registered according to law, which shall determine the conditions and forms of their organization.
- Data Protection: Any person may request this action to take cognizance of the data referring to them and its purpose, contained in public records or data banks or in private ones intended to provide information. In case of false or discriminatory data, they may request the suppression, rectification, confidentiality, or updating of those. This will not affect the confidentiality of news reporting sources.
- Habeas Corpus: When the right damaged, limited, modified, or threatened is physical freedom, or in case of an illegitimate worsening of the form or conditions of detention, or forced disappearance of persons, a “habeas corpus” action shall be filed by the affected party or by anyone on their behalf, and the judge shall resolve it immediately, even during a state of siege.