Country:
Namibia Namibia
- Constitution
{ Adopted on: Feb 1990 }
{ ICL Document Status: Feb 1990 }
Preamble
Whereas recognition of the inherent dignity and the equal and inalienable
rights of all members of the human family is indispensable for freedom,
justice and peace; Whereas the said rights include the right of
the individual to life, liberty and the pursuit of happiness, regardless
of race, colour {color}, ethnic origin, sex, religion, creed or
social or economic status; Whereas the said rights are most effectively
maintains and protected in a democratic society, where the government
is responsible to freely elected representatives of the people,
operating under a sovereign constitution and a free and independent
judiciary;
Whereas these rights have for so long been denied to the people
of Namibia by colonialism, racism and apartheid;
Whereas we the people of Namibia -
have finally emerged victorious in our struggle against colonialism,
racism and apartheid;
are determined to adopt a Constitution which expresses for ourselves
and our children our resolve to cherish and to protect the gains
of our long struggle; desire to promote amongst all of us the dignity
of the individual and the unity and integrity of the Namibian nation
among and in association with the nations of the world; will strive
to achieve national reconciliation and to foster peace, unity and
a common loyalty to a single state;
committed to these principles, have resolved to constitute the Republic
of Namibia as a sovereign, secular, democratic and unitary State
securing to all our citizens justice, liberty, equality, and fraternity.
Now therefore, we the people of Namibia accept and adopt this Constitution
as the fundamental law of our Sovereign and Independent Republic.
Article 14 [Family]
(1)
Men and women of full age, without any limitation due to race, colour
{color}, ethnic origin, nationality, religion, creed or social or
economic status shall have the right to marry and to found a family.
They shall be entitled to equal rights as to marriage, during marriage
and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent
of the intending spouses.
(3) The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
Article
15 [Children's Rights]
(1)
Children shall have the right from birth to a name, the right to
acquire a nationality and, subject to legislation enacted in the
best interests of children, as far as possible the right to know
and be cared for by their parents.
(2) Children are entitled to be protected from economic exploitation
and shall not be employed in or required to perform work that is
likely to be hazardous or to interfere with their education, or
to be harmful to their health or physical, mental, spiritual, moral,
or social development. For the purposes of this paragraph children
shall be under the age of sixteen (16) years.
(3) No children under the age of fourteen (14) years shall be employed
to work in any factory or mine, save under conditions and circumstances
regulated by Act of Parliament. Nothing in this paragraph shall
be construed as derogating in any way from Paragraph (2).
(4) Any arrangement or scheme employed on any farm or other undertaking,
the object or effect of which is to compel the minor children of
an employee to work for or in the interest of the employer of such
employee, shall for the purposes of Article 9 be deemed to constitute
an arrangement or scheme to compel the performance of forced labour
{labor}.
(5) No law authorising preventive detention shall permit
children under the age of sixteen (16) years to be detained.
Article 98 [Principles of Economic Order]
(1)
The economic order of Namibia shall be based on the principles of
a mixed economy with the objective of securing economic growth,
prosperity and a life of human dignity for all Namibians.
(2) The Namibian economy shall be based, inter alia, on the following
forms of ownership:
a) public;
b) private;
c) joint public-private;
d) co-operative;
e) co-ownership;
f) small-scale family.
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