Our Rights

Laws are rules that include the minimum standard of behavior necessary for justice, security, freedom, and other important values to prevail in life as a society at a given historical moment. Laws and their interpretation evolve along with society. Laws are born from a particular need that must be met or a matter that must be regulated.

In Puerto Rico, laws are created by the Legislative Assembly. The process to introduce and pass a law starts with a bill. In order to analyze and discuss a bill, the legislative procedure provided in the regulations of the House of Representatives and of the Senate of Puerto Rico must be followed. Once the bill is analyzed and discussed, it is usually put to a vote in both legislative bodies for approval. Once this stage is concluded, the approved bill is submitted to the governor for consideration. Once the governor signs a bill sent by the Legislative Assembly, it becomes law.

Laws exist to promote the well being of people, as well as to achieve justice, security, freedom, and other values of great importance for life in society. Some people may be more vulnerable due to their age, gender identity, sexual orientation, national origin, mental health condition, and functional diversity, among others. In order to protect these vulnerable populations, the Legislature has passed laws to ensure their well being and safety. Some examples are:

“The dignity of the human being is inviolable. All human beings are equal before the Law. No discrimination shall be made on account of race, color, sex, birth, national origin or social status, or political or religious ideas. Both the laws and the system of public education shall embody these principles of essential human equality.”

The Constitution establishes the right of all people to be respected by the State and by others. It also means that every human being has the right to equality and to not be discriminated against. Therefore, every person has the right to be treated by the State like everyone else and to have the laws applied equally.

“The laws shall guarantee the expression of the will of the people by means of equal, direct and secret universal suffrage and shall protect the citizen against any coercion in the exercise of the electoral franchise.”

The laws must guarantee the expression of the will of the people through their vote in general elections, referendums, and plebiscites. It establishes the State’s duty to protect the people by passing laws that prohibit the use of violence to force a person vote in a particular way against their will.

“No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. There shall be complete separation of church and state.”

Each person has the option to freely select their religious beliefs without being discriminated against or singled out. On the other hand, the State may not promote or prohibit any religion.

“No law shall be made abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.”

All people have the right to express what they think without being punished or persecuted. Freedom of the press provides journalists with the right to express themselves in various media. People can organize and gather to share ideas and advance a common cause.

“The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated.

Wire-tapping is prohibited.”

The Constitution protects people so that neither they nor their belongings are searched unfairly or for no reason. This principle goes hand in hand with the right to privacy and everyone’s right that the process used to accuse, prosecute, and convict them is in accordance with the law.

“The right to life, liberty and the enjoyment of property is recognized as a fundamental right of man. The death penalty shall not exist. No person shall be deprived of his liberty or property without due process of law. No person in Puerto Rico shall be denied the equal protection of the laws. No laws impairing the obligation of contracts shall be enacted. A minimum amount of property and possessions shall be exempt from attachment as provided by law.”

This section of the Constitution recognizes:

• the right to life as fundamental and of great importance.

In addition, it prohibits the State from taking a person’s life, no matter what they have done or for whatever reason. The fat that the death penalty is prohibited is an example of how the Constitution of the Commonwealth of Puerto Rico recognizes some rights that are not protected under the Constitution of the United States of America.

• the due process of law as a constitutional protection of a person’s fundamental rights.

This protection aims to ensure that no person is be deprived of their property or freedom or have such rights impaired without due process of law. Any process to do so must be fair, including an impartial trial, the opportunity to be heard, and the right to be notified in order to prepare their defense, among other elements.

• the equal protection of the laws, which means that no person who permanently resides in Puerto Rico (including foreigners) may be treated differently from others without just cause.

People may not be favored while others suffer harm without an acceptable reason. Additionally, people may not be discriminated against or treated differently due to their sex, political ideas, religious ideas, gender, national origin, or social status.

• various economic interests, such as attachments and contractual obligations.

It specifically limits the State’s power to enact laws that may interfere with or impair private (between individuals) or public (with the government) contracts. For this reason, no law may be passed to impair obligations arising from contracts or take away acquired rights. On the other hand, this section requires the State to pass laws that guarantee each person a minimum amount of property protected from attachment (that could be removed), such as the , which protects a person’s principal residence.

“Every person has the right to the protection of law against abusive attacks on his honor, reputation and private or family life.”

everybody has the right to privacy. This includes making decisions about their body and their personal and family life. No person, not even the State, may inappropriately interfere with a person’s privacy.

“Persons may join with each other and organize freely for any lawful purpose, except in military or quasi-military organizations.”

The Constitution recognizes the people’s right to associate and organize, whether to achieve a common purpose, to perform work or complete an assignment, to improve their quality of life, or for any matter that is not contrary to the law.

“Every person has the right to an education which shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. There shall be a system of free and wholly non-sectarian public education. Instruction in the elementary and secondary schools shall be free and shall be compulsory in the elementary schools to the extent permitted by the facilities of the state. Compulsory attendance at elementary public schools to the extent permitted by the facilities of the state as herein provided shall not be construed as applicable to those who receive elementary education in schools established under non-governmental auspices.

“No public property or public funds shall be used for the support of schools or educational institutions other than those of the state.

“Nothing contained in this provision shall prevent the state from furnishing to any child non-educational services established by law for the protection or welfare of children.”

All people have the right to a free and non-sectarian education; that is to say, free from the imposition of religious ideas. Free education applies to public education, that is, education provided by the State.

In Puerto Rico, this constitutional right is fulfilled through the public education system overseen and managed by the Department of Education. Free and non-sectarian education is offered through the public school system, from preschool to twelfth grade.

“In all criminal prosecutions, the accused shall enjoy the right to have a speedy and public trial, to be informed of the nature and cause of the accusation and to have a copy thereof, to be confronted with the witnesses against him, to have assistance of counsel, and to be presumed innocent.

“In all prosecutions for a felony the accused shall have the right of trial by an impartial jury composed of twelve residents of the district, who may render their verdict by a majority vote which in no case may be less than nine.

“No person shall be compelled in any criminal case to be a witness against himself and the failure of the accused to testify may be neither taken into consideration nor commented upon against him.

“No person shall be twice put in jeopardy of punishment for the same offense.

“Before conviction every accused shall be entitled to be admitted to bail.

“Incarceration prior to trial shall not exceed six months nor shall bail or fines be excessive. No person shall be imprisoned for debt.”

This section recognizes several rights to people who are facing criminal prosecution in court. In sum, these rights seek to ensure fairness in the investigative or judicial process against the person. This is very important because the consequences of prosecution may entail depriving the person who is accused of their freedom.

To learn more about the constitutional rights of the accused, read the Educational Guide: Criminal Prosecution in Court.

“Private property shall not be taken or damaged for public use except upon payment of just compensation and in the manner provided by law. No law shall be enacted authorizing condemnation of printing presses, machinery or material devoted to publications of any kind. The buildings in which these objects are located may be condemned only after a judicial finding of public convenience and necessity pursuant to procedure that shall be provided by law, and may be taken before such judicial finding only when there is placed at the disposition of the publication an adequate site in which it can be installed and continue to operate for a reasonable time.”

The Constitution protects people against an unfair taking of their property by the State. Just compensation refers to the compensation or payment to be made by the State to the person being deprived of their private property for public use (to build roads, plazas, aqueducts, schools, or economic development projects, among others). Without just compensation, the State cannot use private property as it wishes.

“Neither slavery nor involuntary servitude shall exist except in the latter case as a punishment for crime after the accused has been duly convicted. Cruel and unusual punishments shall not be inflicted. Suspension of civil rights including the right to vote shall cease upon service of the term of imprisonment imposed.

“No ex post facto law or bill of attainder shall be passed.”

Involuntary servitude or slavery is forcing a person to work against their will, under threat, in appalling conditions, or without pay.

The concept of ex post facto refers to retroactivity, or passing a law that would apply to situations that occurred before its approval.

“The writ of habeas corpus shall be granted without delay and free of costs. The privilege of the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of rebellion, insurrection or invasion. Only the Legislative Assembly shall have the power to suspend the privilege of the writ of habeas corpus and the laws regulating its issuance.

The military authority shall always be subordinate to civil authority.”

Habeas corpus is a Latin expression that refers to questioning the legality of an arrest or restriction of freedom. Because a person’s freedom is involved, it is given the highest priority and must be heard without delay.

Habeas corpus is an extraordinary legal remedy and a civil proceeding, through which an investigation is requested when a person is illegally deprived of their freedom. As an extraordinary legal remedy, it may only be used in situations that really warrant it.

As for military authority, the governor is the person who may to give the order to activate the intervention of the military authorities.

“No titles of nobility or other hereditary honors shall be granted. No officer or employee of the Commonwealth shall accept gifts, donations, decorations or offices from any foreign country or officer without prior authorization by the Legislative Assembly.”

The Constitution provides that the Legislature must authorize a government official to accept any donation, gift, or recognition from a person in any foreign country. This seeks to protect the integrity of the service the government provides to the people.

“The employment of children less than fourteen years of age in any occupation which is prejudicial to their health or morals or which places them in jeopardy of life or limb is prohibited.

“No child less than sixteen years of age shall be kept in custody in a jail or penitentiary.”

Prohibiting the employment of minors under the age of 14 protects them from possible exploitation and guarantees them due protection for their overall physical, emotional, and mental development. Also to protect the child’s development, children under the age of 16 may not be put in jail but in a juvenile institution.

“The right of every employee to choose his occupation freely and to resign therefrom is recognized, as is his right to equal pay for equal work, to a reasonable minimum salary, to protection against risks to his health or person in his work or employment, and to an ordinary-workday which shall not exceed eight hours. An employee may work in excess of this daily limit only if he is paid extra compensation as provided by law, at a rate never less than one and one-half times the regular rate at which he is employed.”

Everyone has the right to choose in what fields they wish to work and when to resign from a job. Similarly, all people have the right to receive the same salary for the same work.

Protection against hazards in the workplace imposes on the employer a duty to ensure the safety of their employees. This protection includes limiting work shifts to 8 hours and paying a fair amount for additional time worked.

“In order to assure their right to organize and to bargain collectively, persons employed by private businesses, enterprises and individual employers and by agencies, enterprises and individual employers and by agencies or instrumentalities of the government operating as private businesses or enterprises, in their direct relations with their own employers shall have the right to strike, to picket and to engage in other legal concerted activities.

“Nothing herein contained shall impair the authority of the Legislative Assembly to enact laws to deal with grave emergencies that clearly imperil the public health or safety or essential public services.”

The Constitution recognizes the right of employees to strike. A strike or picket is carried out when a group of people hold a protest to voice their concerns regarding issues that affect the people’s wellbeing and demand action on behalf of the employer, the government, or any other sector.

“Persons employed by private businesses, enterprises and individual employers and by agencies or instrumentalities of the government operating as private businesses or enterprises, shall have the right to organize and to bargain collectively with their employers through representatives of their own free choosing in order to promote their welfare.”

The Constitution recognizes the right of employees to organize and select a representative to help them seek out their wellbeing before their employers.

“The foregoing enumeration of rights shall not be construed restrictively nor does it contemplate the exclusion of other rights not specifically mentioned which belong to the people in a democracy. The power of the Legislative Assembly to enact laws for the protection of the life, health and general welfare of the people shall likewise not be construed restrictively.”

This section states that the rights mentioned in the Constitution are not the only ones that the people may have. The Legislative Assembly has the power to pass laws to protect life, health, and wellbeing of the people. However, it does not have the power to eliminate rights that have been recognized to individuals in the Constitution’s Bill of Rights.