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Table 2 Second Amendment to the 1945 Indonesian Constitution

From: Human rights of persons with mental illness in Indonesia: more than legislation is needed

CHAPTER XA: HUMAN RIGHTS

Article 28A

Every person shall have the right to live and to defend his/her life and livelihood.

Article 28B

(1) Every person shall have the right to build a family and to have descendant through a legal marriage.

 

(2) Every child shall have the right to live, to grow, and to be protected against violence and discrimination.

Article 28C

(1) Every person shall have the right to improve himself/herself through fulfilment of basic needs, and entitled to an education and to obtain benefit from science and technology, art and culture, in order to enhance his/her quality of life, for the sake of human welfare.

 

(2) Every person shall have the right to advance himself/herself by defending his/her rights collectively and develop his/her society, nation, and country.

Article 28D

(1) Every person shall have the right for recognition, guarantees, protection, and a just legal certainty as well as equal treatment before the law.

 

(2) Every person shall have the right of employment opportunities and receive a just and reasonable compensation from the employment relationship.

 

(3) Every citizen shall have the right to obtain equal opportunities in governance.

 

(4) Every person shall have the right of citizenship status.

Article 28E

(1) Every person shall be free to adhere to his/her respective religion and perform worship according to his/her religion, choose his/her education and learning, choose his/her work, choose citizenship, choose to reside within the nation's territory and depart from it, and is entitled to return.

 

(2) Every person shall have the right to have freedom of belief, express his/her thoughts and attitudes, in accordance with his/her conscience.

 

(3) Every person shall have the right of freedom to organize, to assemble, and to express opinions.

Article 28F

Every person shall have the right to communicate and to obtain information to develop his/her personality and social environment, as well as the right to seek, to obtain, to possess, to keep, to process, and to convey information by utilizing all available kinds of channels.

Article 28G

(1) Every person shall have the right of self-protection, family, honor, dignity, and property under his/her authority, as well as entitled to a feeling of safety and protection from threats of fear to do or not to do anything according to the basic rights.

 

(2) Every person shall have the right to be free from torture or any derogatory treatment demeaning human dignity and is entitled to political asylum from another nation.

Article 28H

(1) Every person shall have the right to live in welfare both physically and spiritually, have a place to reside, and receive a proper and healthy environment, as well as receive medical care.

 

(2) Every person shall have the right of facilities and special treatment for equal opportunities and benefits in order to achieve equality and equity.

 

(3) Every person shall have the right of social security guarantees that enable him/her to develop completely as a dignity human being.

 

(4) Every person shall have the right of personal possessions and those possessions shall not be confiscated arbitrary by any person whatsoever.

Article 28I

(1) The right for living, the right for not being tortured, the right for freedom of thought and conscience, religious rights, the right for not being enslaved, the right for being recognized as an individual before the law, and the right for not being prosecuted based on retroactive laws shall be the rights as human that may not be diminished in any situation whatsoever.

 

(2) Every person shall have the right to be free from discriminatory treatment on the basis of any pretext and is entitled to receive protection from that discriminatory treatment.

 

(3) The cultural identity and traditional society rights shall be respected in line with age progress and human civilization.

 

(4) The protection, advancement, upholding, and fulfilment of human rights shall be the responsibility of the state, especially the government.

 

(5) To uphold and to protect human rights in accordance with the principles of a legal democratic nation, the practice of human rights shall be guaranteed, arranged, and embodied in statutory laws.

Article 28J

(1) Every person shall have the duty to respect the others' human rights within the orderly context of living in a community, nation, and state.

 

(2) In carrying out rights and freedoms, every person is required to obey the predetermined limitations regulated by the law for the sole purpose of guaranteeing recognition and respect over the rights and freedoms enjoyed by other people and to fulfil the just demands in accordance with the considerations of morals, security, and public order within a democratic society.