Social Security Provisions in the Constitution of Haiti

Country: Haiti
Year: 1983

The Haitian people proclaim this constitution in order to:

Strengthen national unity by eliminating all discrimination between the urban and rural populations, by accepting the community of languages and culture and by recognizing the right to progress, information, education, health, employment and leisure for all citizens.

  • Article 19

The State has the absolute obligation to guarantee the right to life, health, and respect of the human person for all citizens without distinction, in conformity with the Universal Declaration of the Rights of Man.

  • Article 22

The State recognizes the right of every citizen to decent housing, education, food and social security.

  • Article 23

The State has the obligation to ensure for all citizens in all territorial divisions appropriate means to ensure protection, maintenance and restoration of their health by establishing hospitals, health centres and dispensaries.

  • Article 32

The State guarantees the right to education. It sees to the physical, intellectual, moral, professional, social and civic training of the population.

  • Article 32(4)

Agricultural, vocational, cooperative and technical training is a fundamental responsibility of the State and its communes.

  • Article 32(8)

The State guarantees that the handicapped and the gifted shall have the means to ensure their autonomy, education and independence.

  • Article 32(10)

Teachers are entitled to a fair salary.

  • Article 35

Freedom to work is guaranteed. every citizen has the obligation to engage in work of his choice to meet his own and his family’s needs, and to cooperate with the State in the establishment of a social security system.

  • Article 35(1)

Every employee of a private or public institution is entitled to a fair wage, to rest, to a paid annual vacation and to a bonus.

  • Article 35(2)

The State guarantees workers equal working conditions and wages regardless of their sec, beliefs, opinions and marital status.

  • Article 35(3)

Trade union freedom is guaranteed. any worker in the public or private sector may join a union representing his particular occupation solely to protect his work interests

  • Article 35(5)

The right to strike is recognized under the limits set by law.

  • Article 35(6)

The minimum age for gainful employment is set by law. Special laws govern the work of minors and servants.

  • Article 183

When litigation is referred to it, the Supreme Court, sitting as a full Court, shall rule on the unconstitutionality of the laws.

  • Article 236(1)

The law shall regulate the civil service on the basis of aptitude, merit and conduct. It shall guarantee security of employment.

  • Article 259

The State protects the family, which is the foundation of society.

  • Article 260

It must also protect all families regardless of whether they are constituted within the bonds of marriage. It must endeavour to aid and assist mothers, children and the aged.

  • Article 261

The law ensures protection for all children. Any child is entitled to love, affection, understanding and moral and physical care grow its father and mother.


Link to compendium “La protección del derecho a la Seguridad Social en las Constituciones Latinoamericanas”

Link to Haitian constitution (English)

Link to national study

Social Protection and Human Rights