POLITICAL CONSTITUTION OF PANAMA OF 1972

Political Constitution of 1972

Chapter 3 of the Constitution "The Work"

Chapter 6: Health, Social Security and Social Assistance

Chapter 7: Ecological Regime and Title X of the Constitution

Our Political Charter indicates among its precepts the obligation of the Panamanian State to guarantee the lives of both nationals and foreigners, as well as their assets (art. 17 of the const.).

Another of the stipulated individual rights is that there should be no discrimination in the country for any reason, be it race, sex, political ideas, social class, religion, etc. (art. 19 of the const).

One of the most important guarantees at the level of individual rights is that enshrined in Article 21, which establishes in favor of all persons that no one can be deprived of their liberty unless there is a written order from a competent authority, which must be covered in accordance with legal formalities and for a reason previously specified in the law.

Other guarantees of each individual is the inviolability of the home (art. 26).

Freedom of expression is also protected by our Fundamental Charter in article 37 and indicates that anyone can freely give their ideas without being impeded.

“Any person against whom an order to do or not to do is issued or executed by any public servant, which violates the rights and guarantees that this Constitution establishes, shall have the right to have the order revoked at the request of him or of any person".

"Work is a right and a duty of the individual, and therefore it is an obligation of the State to develop economic policies aimed at promoting full employment and ensuring all workers the conditions necessary for a decent existence."

Our Magna Carta in its first lines of Article 62 states: "All workers in the service of the State or of public or private companies or private individuals are guaranteed their minimum salary or floor."

Article 63, which establishes that: “Equal work under identical conditions always corresponds to the same salary or salary, regardless of the people who perform it, without distinction of sex, nationality, age, race, social class, political ideas. or religious ”.

The constitutional exception that welcomes it (art. 64) reads in its first paragraph as follows:
"The right to organize is recognized for employers, employees and professionals of all kinds for the purposes of their economic and social activity."

Article 65, which states: “The right to strike is recognized. The law shall regulate its exercise and may subject it to restrictions in the public services that it determines ”.

Article 66 of the Basic Patria Law which establishes in its first paragraph: "The maximum daytime working day is eight hours and the working week up to forty-eight, the maximum nighttime working day shall not exceed seven hours and the hours extraordinary will be remunerated with a surcharge”.

Article 67 states the following: “The stipulations that imply resignation, reduction, adulteration or abandonment of any recognized right in favor of the individual, are void, and therefore not binding, even if they are expressed in a work agreement or in any other agreement. employee. The law will regulate everything related to the employment contract ”.

Article 68 that says: “The maternity of working women is protected. Those who are pregnant cannot be separated from their private or public employment for this reason. During a minimum of six weeks preceding the delivery and the eight that follow, she will enjoy paid compulsory rest in the same way as her job and will retain her job and all the rights corresponding to her contract ”.

Article 109 of the constitution basically indicates that every individual will have the right in the event of incapacity to the security of their economic resources.

Article 109 in its first paragraph that states: “Every individual has the right to the security of his economic means of subsistence in case of inability to work or obtain paid work. Social security services will be provided or administered by autonomous entities and will cover cases of illness, maternity, disability, family allowance, old age, widowhood, orphanhood, forced unemployment, work accidents, occupational diseases and other contingencies that may be subject pension and social security. The law will provide the implementation of such services as needs require it ”.

The second paragraph of Article 109 obliges the State to create an establishment of social assistance and social security, such as an orphanage, an asylum for the elderly, special prevention centers, etc.

Article 110 of the Constitution, which states:
“The State may create complementary funds with the contribution and participation of the workers of public and private companies in order to improve social security services in retirement matters. The law will regulate this matter ”.

The main norms of the National Constitution of Panama that refer to the ecological regime are those that refer to the protection that the State must give to national natural resources.

The norm in question indicates: "It is a fundamental duty of the State to guarantee that the population lives in a healthy environment free of contamination, where air, water, and food satisfy the requirements of the adequate development of human life."

The Constitution in its article 117 empowers the law to regulate through an institution such as the A.N.A.M.

Article 277 and indicates the following: “The exercise of economic activities corresponds primarily to individuals; but the State will guide, direct, regulate, or replace or create them according to social needs and within the norms of this title, in order to increase the national wealth and ensure its benefits for the greatest possible number of the country's inhabitants. ”.

The State establishes limits (art280) to the capital of foreigners by pointing out that they will not be able to have most of the capital that they had in public utility companies. Only nationals may have a majority.