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Consititutional Law Of Afghanistan- Part 04

  3/5/2014

Article 41
Foreign individuals do not have the right to own immovable property in Afghanistan.
Lease of immovable property for the purpose of investment is permissible in accord with law.
The sale of estates to diplomatic missions of foreign countries and to those international agencies, of which Afghanistan is a member, is permissible in accordance with the provisions of law.

Article 42
Every Afghan is obligated to pay taxes and duties to the government in accordance with the provisions of law.
No taxes and duties are enforced without provisions of law.
The rate of taxes and duties and the method of payment are determined by law on the basis of observing social justice.
This provision is also applied to foreign individuals and agencies.
Every kind of tax, duties, and incomes collected, shall be delivered to the State account.

Article 43
Education is the right of all citizens of Afghanistan, which shall be provided up to secondary level, free of charge by the state.

The state is obliged to devise and implement effective programs for a balanced expansion of education all over Afghanistan, and to provide compulsory intermediate level education.
The state is also required to provide the opportunity to teach native languages in the areas where they are spoken.

Article 44
The state shall devise and implement effective programs for balancing and promoting of education for women, improving of education of nomads and elimination of illiteracy in the country.

Article 45
The state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles, and develops the curriculum of religious subjects on the basis of the Islamic sects existing in Afghanistan.

Article 46
Establishing and operating of higher, general and vocational education are the duties of the state.
The citizens of Afghanistan also can establish higher, general, and vocational private educational institutions and literacy courses with the permission of the state.
The state can also permit foreign persons to set up higher, general and vocational educational private institutes in accordance with the law.
The conditions for admission to state higher education institutions and other related matters to be regulated by the law.

Article 47
The state shall devise effective programs for the promotion of science, culture, literature and the arts.
The state guarantees the rights of authors, inventors, and discoverers, and encourages and supports scientific researches in all areas, and publicizes the effective use of their results in accordance with the law.

Article 48
Work is the right of every Afghan.
Working hours, paid holidays, right of employment and employee, and other related affairs are regulated by law.
Choice of occupation and craft is free within the limits of law.

Article 49
Forced labor is forbidden.

Forced labor, in times of war, calamity, and other situations threatening lives and public welfare are exceptions to this rule.
Children shall not be subjected to the force labor.

Article 50
The state is obliged to adopt necessary measures for creation of a strong and sound administration and realization of reforms in the administration system of the country.
Government offices are bound to carry their work with full neutrality and incompliance with the provisions of law.
The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law.
This rights has no limits, unless violation of the rights of the others.
The citizens of Afghanistan are employed for state services on the basis of qualification without any kind of discrimination and in accordance with law.

Article 51
Any person suffering undue harm by government action is entitled to compensation, which he can claim by appealing to court.
With the exception of situation stated in the law, the state cannot claim its right without the order of an authorized court.

Article 52

The state is obliged to provide the means of preventive health care and medical treatment, and proper health facilities to all citizens of Afghanistan in accordance with.
The state encourages and protects the establishment and expansion of private medical services and health centers in accordance with law.
The state in order to promote physical education and improve national and local sports adopts necessary measures.






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