The Constitution of the Republic of Peru is better than the constitution of the United States – part I

The Peruvian constitution starts out with the following principle:

Article 1

The protection of the individual and respect for his dignity are the supreme goal of society and the government.

Just think about what you want government to do and you’ll come to the conclusion that this statement is not only correct, but fundamental.   People want the right to exist without any threats to their lives or property by criminals, invaders, or their own government.  The best way to implement these characteristics is to first make a proclaimation that it is the rights of government to protect the people and then define what those rights are.  That’s what the Peruvian constitution does starting with article 2.

Article 2

Every individual has the right:

1. to life, his identity, his physical, psychological, and moral integrity, and his free fulfillment and well-being. Such rights exist from the time of conception in all ways that are beneficial.

2. to equality before the law. No one may be discriminated against because of his origin, race, sex, language, religion, opinion, economic status, or any other reason.

…

23. to self-defense.

The right to life includes, obviously, the right to eat, breath, have shelter & clothing, and the right to consentual sex and families.  Right #1 is fundamental and similar to the ideal of the USA to protect life, liberty and the pursuit of happiness.

Right #2 specifies that all people have the right to equality before the law. No one may be discriminated against because of his origin, race, sex, language, religion, opinion, economic status, or any other reason.  The ideal of the USA is that “All men are created equal”.  The intention with that idea is that all men are equal in the eyes of the law and that all men have equal rights.  The USA conceived during the era of slavery.  Women didn’t have the right to vote and slaves were considered property.  Although later amendments corrected these deficiencies in the list of rights, the constitution wasn’t written with this as the “supreme goal of society and the government” as was the Peruvian constitution.

Right #3 is of particular importance to some that I know in that it specifies that people have the right to “self defense”.  Consequently, the inadvertant touching of a police officer to push away mace or protect ones self against the blows of the officer’s batton won’t result in A & B charges which will necessitate spending thousands on a lawyer to keep from going to jail for a couple of years, as is the case in the USA.

Chapter I enumerates a total of 24 individual rights.

Chapter II lists the Social and Economic Rights of the people.  This includes Articles 4 to 29.

Article 28

The government recognizes the right to form unions, to
engage in collective bargaining, and to strike. It ensures their democratic
exercise:

1. It guarantees trade union freedom.

2. It fosters collective bargaining and promotes the
peaceful solution of labor disputes.

Collective agreements are binding in the area for which
they are made.

3. It regulates the right to strike so that it will be
exercised in keeping with the social interest. It defines exceptions and
limitations.

Article 29

The government recognizes the right of workers to
participate in company profits and promotes other forms of participation.

Would the right to form a union have prevented the trade agreements entered into by the USA that effectively destroyed the trade unions by throwing our manufacturing and agricultural work forces into direct competition with the workers of communist nations?  It is plausible that any trade agreement, in order to be legal, would have had to have respected these two rights.

Chapter III continues by defining Political Rights and Duties.  Articles 30 to 38
define these rights and duties.  Note that constitution of the USA does NOT include – at the Federal level – the right to “participate in public affairs through the referendum, legislative initiative, the recall or removal of officials, and the right to hold the latter accountable”

Article 30

Peruvians over the age of 18 are citizens. In order to exercise their citizenship, they must register to vote.

Article 31

Citizens have the right to participate in public affairs
through the referendum, legislative initiative, the recall or removal of officials, and the right to hold the latter accountable. They have the right to be elected and to elect their representatives freely in accordance with the
conditions and procedures set forth by organic law.

It is the right and duty of residents to participate in
the municipal government in their jurisdiction. The law governs and fosters both direct and indirect mechanisms for their participation.

Citizens have the right to vote by virtue of their legal
status.

Voting is personal, equal, free, secret, and compulsory
up to the age of 70. It is optional thereafter.

Any act prohibiting or restricting a citizen from
exercising his rights is null and punishable by law.