Guatemala

Guatemala

Right	Section	Contents
Freedom of Association	History	The first assertion of the right to associate in Guatemala is located in the Constitutive Law of 1879, which was the Constitutive order issued on December 11. The right is found in Title II, Article 25 (“Constitutions 1830-1900 Reform”, 2015). “Constitutions 1830-1900 Reform.” 2015. Internet Archive: Wayback Machine. May 5. https://web.archive.org/web/20150505003356/http://www.minex.gob.gt/ADMINPORTAL/Data/DOC/20100930181643120Consti1830-1900reform.ydcretos.pdf.
Freedom of Expression	History	The first Guatemalan Constitution of 1825 made cursory protections of freedom of expression. These were not specified until the 1985 constitution that is still in use today.
Freedom of Religion	History	The Constitution of the Republic of Guatemala was ratified 31 May 1985. Articles 19(c), 33, 36, 37 and 73 grant religious freedom, equality, and prohibit religious discrimination. Freedom of religion is protected under Article 36 of the Guatemala constitution: “The exercise of all the religions is free. Any person has the right to practice his [or her] religion or belief, in public and in private, through teaching, cult and observance, without other limits than the public order and the due respect for the dignity of the hierarchy and the faithful [followers] of [the] other beliefs [credos]” (constituteproject.org). “Guatemala 1985 (Rev. 1993) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guatemala_1993.
Freedom of the Press	History	Article 175 of Guatemala’s first Constitution, which it ratified as a province in the United Provinces of Central America in 1824, protected press freedom: “The Congress, the Assemblies, or the other authorities may not restrict, in any case or by any pretext, the freedom of thought, that of the word, that of writing and that of the press” (Biblioteca Virtual Miguel de Cervantes, “Title X. Guarantees of individual freedom”). [Translated from Spanish] Today, Article 35 of Guatemala’s 1985 Constitution protects press freedom: “The publications which contain denunciations, criticisms, or accusations [imputaciones] against functionaries or public employees for actions conducted in the performance of their duties[,] do not constitute a crime or a fault…The activity of the means of social communication is of public interest and in no case may they be expropriated. They may not be closed, attached [embargados], interfered with, confiscated, or seized [decomisados], nor may the enterprises, plants, equipment, machinery, and gear [enseres] of the means of communication be interrupted in their functioning, for faults or crimes in the expression of thought. The access to the sources of information is free and no authority may limit this right” (Constitute Project, “Guatemala's Constitution of 1985 with Amendments through 1993” ).
Privacy Rights	History	There are two provisions for privacy protection in the 1985 Guatemalan Constitution. Article 23 grants privacy in the home (vivienda) and Article 24 protects correspondence and other documents (Constitute Project, “Guatemala 1985 rev. 1993” ). https://constituteproject.org/constitution/Guatemala_ 1993? lang=en
Voting Rights and Suffrage	History	Under Chapter II, any citizen, by definition over 18 years of age, has the freedom of suffrage. Citizens may cast secret ballots to elect the Congress of the Republic, President, and Vice-President. (Consitute Project, “Guatemala’s Constitution of 1985 with Amendments through 1993” ).