Charter of Fundamental Rights and Human Dignity

PREAMBLE : PRINCIPLE OF ISONOMY §1. Statement of the Principle (1) The Republic of Marianne recognizes, proclaims, and guarantees the principle of isonomy, understood as the absolute equality of every human being before the law, in the formation of the law, and in the application of the law. (2) Isonomy prohibits any distinction, exclusion, restriction, or preference based on a ground enumerated in §3, which has the purpose or effect of impairing or nullifying the recognition, enjoyment, or exercise, on an equal footing, of the rights and freedoms guaranteed by this Constitution. (3) Isonomy comprises three cumulative dimensions, none of which may substitute for another: a) equality before the law (isonomia formalis): no one may be subjected to a jurisdiction, procedure, penalty, or evidentiary regime different from that applicable to any other person in an identical situation. b) equality within the law (isonomia legislativa): the legislative power, the regulatory power, and any body vested with normative delegation are required, in the very enactment of the norm, to create no legal category whose defining criterion rests, directly or indirectly, on a ground enumerated in §3. c) equality through the law (isonomia effectiva): the law is not limited to refraining from discrimination; it bears a positive obligation to prevent, correct, and penalize discrimination committed by private persons in horizontal relationships, within the limits set out in §8. (4) None of these three dimensions may be invoked to restrict the scope of another. In case of doubt as to the extent of a protection, the interpretation that extends the scope of equality shall prevail over one that restricts it (in favorem aequalitatis). §2. Personal and Territorial Scope (1) The principle of isonomy applies to every natural person, regardless of nationality, residence, migratory status, legal capacity, or lawful or unlawful presence within the territory of the Republic. The use of the word "citizen" in any other article of this Constitution may not be interpreted as excluding persons who do not hold Marianese citizenship from the benefit of isonomy, save where an express constitutional provision reserves a specific right to citizens alone. (2) The principle of isonomy applies: a) vertically, in every relationship between a person and the State, its subdivisions, its public establishments, its concession-holders, and any person exercising a public authority prerogative. b) horizontally, in relationships between private persons, to the extent provided in §8, notably in access to employment, housing, goods and services offered to the public, and education. (3) The principle applies throughout the territory of the Republic, in its territorial waters, its airspace, aboard its registered ships and aircraft, and in any place placed under its jurisdiction or effective control, including outside its metropolitan territory. (4) No law, decree, or exceptional measure - including those adopted under provisions relating to a state of siege, a state of emergency, or emergency powers - may suspend, in law or in fact, the application of this article. Isonomy ranks among the non-derogable rights within the meaning of the article on exceptional circumstances; any contrary provision, whatever its form, is null and void as a matter of right (null and void ab initio, without any declaration of unconstitutionality being necessary for that nullity to take effect, such a declaration having only declaratory value). §3. Protected Grounds - Closed Enumeration and Strictly Defined Closing Clause (1) The following are protected grounds within the meaning of this article: origin, alleged race, ethnicity, colour, ancestry, nationality, language, sex, gender, gender identity, gender expression, sex characteristics, sexual orientation, age, disability, health status, pregnancy, family situation, religion or absence of religion, philosophical conviction, trade-union political opinion, wealth, birth, title or absence of title, and true or supposed membership or non-membership in a given ethnicity, nation, race, or religion. (2) This enumeration is not exhaustive in the sense of barring recognition of a new ground. It is, however, closed as to the method of its own extension. A ground not enumerated in §3(1) may be recognized as a protected ground only if the following three conditions are cumulatively satisfied: a) the ground designates an immutable personal characteristic, or one modifiable only at the cost of a serious violation of the person's dignity or integrity, or one constitutive of their fundamental identity. b) the ground has historically served, or currently serves, as a basis for systemic exclusion, as documented by a court decision, a report of a competent independent authority, or a prior law that has itself recognized it. c) recognition of the ground is pronounced either by an organic law adopted in the forms prescribed for the revision of organic laws relating to fundamental rights, or by a ruling of the constitutional court sitting in plenary session, reasoned in writing with regard to criteria a) and b). (3) No ordinary court, administrative authority, or regulatory power may create, by way of extensive interpretation, analogy, or reference to the "spirit of the text," a protected ground not listed in §3(1) and not having undergone the procedure of §3(2)(c). Any decision proceeding in this manner is tainted by lack of competence and is liable to annulment on this ground alone, without it being necessary to examine the merits of the protection alleged. (4) Conversely, no authority may remove a ground from the list in §3(1) nor restrict its definition by way of interpretation. Such a restriction may result only from an express constitutional revision amending this article according to the procedure set out in the Title on the revision of the Constitution. (5) The intersectionality of grounds is expressly recognized: where a person suffers discrimination resulting from the combination of several protected grounds, that discrimination constitutes an autonomous grievance, distinct from each grievance taken individually, and may not be dismissed on the basis that no single ground taken separately would suffice to establish it. §4. Prohibition of Orders, Corporate Bodies, and Privileges (1) There exists, within the Republic of Marianne, no order, caste, legal class, or constituted body enjoying a personal status derogating from the common law by reason of birth, blood, lineage, or descent. (2) Nobility, hereditary titles, hereditary distinctions, and any privilege attached to birth are abolished and may not be reinstated in any form whatsoever, including an honorific form devoid of direct legal effect, any such reintroduction being deemed to impair the principle of isonomy both in its symbolic foundation and in its practical effects. (3) No law may establish a procedural, fiscal, penal, or civil distinction between citizens based on membership of a profession, a faith, a regional origin, or a social category, except where that distinction rests on an objective difference in situation directly related to the purpose of the law establishing it, in accordance with the requirements of §6. §5. Formal and Substantive Equality - Corrective Measures (1) Isonomy does not prohibit temporary measures intended to correct a factual inequality resulting from past or present systemic discrimination based on a protected ground, provided that such measures: a) are set out in a law specifying their purpose, their maximum duration, and the objective criteria for their termination. b) are strictly proportionate to the inequality they seek to correct and do not exceed what is necessary for that purpose. c) are subject to mandatory review by the legislative power at intervals not exceeding five years, failing which they automatically cease to have effect. (2) A corrective measure that satisfies the conditions of §5(1) is not regarded as discrimination within the meaning of this article and may not be annulled solely on the ground that it treats persons in unequal factual situations differently. (3) No corrective measure may have the effect of establishing a total and permanent exclusion of a group of persons from access to a right, employment, or benefit, nor may it rest on any hierarchy of dignity among protected grounds. §6. Test for Justifying Differences in Treatment (1) Any difference in treatment based, even indirectly, on a ground enumerated or recognized in §3 is presumed to constitute prohibited discrimination. This presumption may be rebutted only by proof, borne by the author of the measure, that: a) the measure pursues a legitimate, compelling aim unrelated to any form of contempt or hierarchization among persons. b) the measure is necessary to achieve that aim, in that no alternative, non-discriminatory or less discriminatory means would achieve it with comparable effectiveness. c) the measure is strictly proportionate, the harm it inflicts on the persons affected not exceeding the benefit sought. (2) Doubt benefits the person alleging discrimination. Insufficiency or ambiguity in the justification put forward by the author of the measure results in a finding of discrimination. (3) The following never constitute a legitimate aim within the meaning of §6(1)(a): the preservation of a tradition, a prior social practice, a demographic balance, a preference of customers, of the persons administered, or of third parties, or a budgetary saving achieved solely at the expense of persons affected by the protected ground. §7. Canon of Interpretation (1) This article is to be strictly construed as to its beneficiary - every person - and broadly construed as to its protection. Any ambiguity in a statute, regulation, contract, or administrative act shall be resolved in the sense most favourable to equality. (2) No custom, usage, or administrative practice predating this Constitution may be invoked to justify an infringement of isonomy or to restrict its interpretation, including where that custom or usage itself predates the Republic. (3) The silence of the law regarding the application of isonomy to a given situation shall not be interpreted as excluding that situation from the scope of this article. The principle of isonomy applies to every situation not expressly excluded by a constitutional provision of equal rank, adopted according to the constitutional revision procedure, and explicitly and unambiguously stating the exclusion in question. (4) No derogation from this article may be made by way of international treaty, save by express constitutional provision of incorporation adopted in accordance with the Constitution's revision procedure. §8. Justiciability, Burden of Proof, and Remedies (1) The principle of isonomy may be directly invoked by any person before any court of the Republic, without any implementing legislation being required to render it enforceable. (2) A person alleging discrimination shall establish facts from which discrimination may be presumed. It then falls to the defending party to prove that the difference in treatment is justified by objective factors unrelated to any discrimination, according to the test set out in §6. (3) Any person who is a victim of a violation of this article has the right to an effective remedy before an independent and impartial court, to full reparation for the material and moral harm suffered, and, where applicable, to the cessation of the discriminatory measure. (4) An independent administrative authority, established by organic law, is responsible for identifying breaches of the principle of isonomy in the horizontal relationships referred to in §2(2)(b), for receiving complaints, conducting investigations, and referring matters to the competent court. Its findings shall be taken as established unless proven otherwise. (5) An action based on this article is not subject to any limitation period where the alleged discrimination is continuing; in other cases, the limitation period begins to run only from the day on which the victim became aware, or ought reasonably to have become aware, of both the discriminatory act and the identity of its author. §9. Non-Regression and Primacy Clause (1) No revision of this Constitution may have the purpose or effect of restricting the level of protection guaranteed by this article as it exists on the date of its adoption. (2) In the event of conflict between this article and any other provision of this Constitution, the interpretation that ensures the full effectiveness of the principle of isonomy shall prevail, except where the competing provision is itself an eternity clause of equal rank. §10. Definitions For the purposes of this article: - « direct discrimination" means any difference in treatment explicitly based on a protected ground. - « indirect discrimination" means any provision, criterion, or practice that is neutral in appearance but liable to result in a particular disadvantage for persons characterized by a protected ground compared with other persons, unless that provision, criterion, or practice is objectively justified within the meaning of §6. - « systemic discrimination" means the cumulative effects of rules, practices, and representations - even if individually lawful - that produce or perpetuate a structural and lasting disadvantage for persons characterized by a protected ground. - "person" means every human being, regardless of legal capacity, age, or status under immigration law.

AMENDMENT 1 - Right to Life and Protection Against Violence §1. Right to Life (1) Everyone has the right to life. This right shall be protected by law from the moment of live birth. No one shall be intentionally deprived of their life, except in execution of a judicial sentence pronounced following a conviction for a crime for which the law provides this penalty - which penalty is, in any event and without exception, abolished within the territory of the Republic of Marianne, and no law may re-establish it other than through a revision of this amendment. (2) The use of force shall not be regarded as a violation of this article when it is rendered absolutely necessary: a) in defense of any person against unlawful violence. b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained. c) in action lawfully taken for the purpose of quelling a riot or insurrection. In each of these cases, the use of force must be proportionate to the threat, subsidiary to any other available measure, and subject to an accounting and effective judicial review a posteriori. (3) The State has a positive obligation to protect the life of everyone within its jurisdiction, which includes the obligation to investigate, diligently and independently, any death potentially resulting from the use of force by a State agent or occurring in detention. §2. Prohibition of Torture and Inhuman or Degrading Treatment (1) No one shall be subjected to torture or to inhuman or degrading treatment or punishment, whether physical or psychological. (2) For the purposes of this article: a) torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person, notably for such purposes as obtaining from them or a third person information or a confession, punishing them, intimidating them or putting pressure on them, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by a public official or any other person acting in an official capacity, or at their instigation, or with their express or tacit consent. b) inhuman treatment means any act intentionally causing severe mental or physical suffering. c) degrading treatment means any act that humiliates or debases a person, reveals a lack of respect for their dignity, or arouses in them feelings of fear, anguish, or inferiority capable of breaking their moral or physical resistance, regardless of any intent on the part of the author. (3) The prohibition set forth in this article is absolute and non-derogable. It applies under all circumstances, including in times of war, exceptional public danger threatening the life of the nation, the fight against terrorism, or upon the order of a superior officer or any public authority. No exceptional circumstance whatsoever may be invoked to justify torture. An order from a superior may not be invoked as a justification. On the contrary, it constitutes an aggravating factor for the person who gives it. (4) Expressly categorized as inhuman or degrading treatment within the meaning of this article, without this list being exhaustive, are: prolonged incommunicado detention, prolonged solitary confinement without strictly motivated medical or disciplinary justification and of a predetermined duration, sexual violence committed for purposes of interrogation or punishment, the intentional deprivation of food, water, sleep, or medical care, exposure to extreme temperatures, and mock execution. (5) No statement, confession, or piece of evidence obtained through torture or inhuman or degrading treatment may be invoked as evidence in any proceedings whatsoever, except against a person accused of torture as evidence that the statement was so obtained. (6) No one shall be expelled, returned, or extradited to a State where there are substantial grounds for believing that they would be in real danger of being subjected to torture or inhuman or degrading treatment (principle of non-refoulement). This prohibition is absolute and admits of no exception based on the dangerousness of the person concerned or on reasons relating to national security. §3. Prohibition of Corporal Punishment (1) Corporal punishment is prohibited under all circumstances, whether pronounced as a criminal, disciplinary, school, administrative, military, or familial sanction. (2) Within the meaning of this article, corporal punishment constitutes any chastisement consisting of the use of physical force intended to cause a certain degree of pain or discomfort, however slight, including punishments inflicted on children within the family, school, or institutional setting, under any educational, religious, or cultural pretext whatsoever. (3) This prohibition does not prevent the strictly proportionate and momentary use of physical constraint necessary to prevent imminent harm to the person themselves or to others, provided that such constraint ceases as soon as the danger has disappeared and is never used for punitive purposes. §4. Non-Regression and Strict Interpretation (1) The level of protection guaranteed by this amendment may not be subject to any regression in any form whatsoever. (2) Any exception to the prohibitions set forth in this amendment, provided for by its own provisions, is of strict interpretation and may not be extended by analogy, regulatory means, or judicial precedent to situations not expressly covered by it. AMENDMENT 2 - Prohibition of Enslavement §1. Prohibition of Slavery and Servitude (1) Slavery in all its forms is abolished and prohibited in an absolute and non-derogable manner. No one shall be held in slavery or servitude. (2) Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including when such exercise results from economic coercion, deception, or an abuse of vulnerability replacing direct physical coercion. (3) Servitude is the obligation to live and work on another person's property and to render to them, for remuneration or not, certain services, without the possibility of changing one's condition. (4) This prohibition applies regardless of the grounds invoked to justify it - customary, religious, contractual, or arising from a debt - and prevails over any agreement, including one freely consented to by the person concerned. No one can validly consent to their own reduction to slavery or servitude; any such consent is null and void and may never be asserted against the victim. §2. Prohibition of Forced or Compulsory Labour (1) No one shall be required to perform forced or compulsory labour. (2) Forced or compulsory labour means any work or service exacted from a person under the menace of any penalty and for which the said person has not offered themselves voluntarily. (3) Forced or compulsory labour within the meaning of this article shall not include, strictly on condition that they are regulated by law, proportionate, and subject to judicial review: a) any work normally required of a person detained in pursuance of a regular court decision or during conditional release, excluding any work performed for the benefit of a private enterprise without fair remuneration and without the consent of the detained person. b) any service of a military character or, in the case of conscientious objectors, service exacted in place of compulsory military service, where such exists. c) any service exacted in cases of crises or calamities threatening the life or well-being of the community, for the period strictly necessary to cope with the crisis. d) work or services which form part of normal civic obligations, defined exhaustively by law. (4) Under no circumstances may these exceptions be interpreted as authorizing child labour, regardless of the context, including familial or educational. §3. Combating Human Trafficking and Forced Unreported Employment (1) The State has a positive obligation to prevent human trafficking, protect victims, and prosecute perpetrators, whether trafficking is carried out for purposes of sexual exploitation, labour exploitation, organ removal, forced begging, illegal adoption, or any other form of exploitation. (2) Human trafficking means the recruitment, transportation, transfer, harbouring, or reception of a person, by means of the threat or use of force, coercion, abduction, fraud, deception, the abuse of authority or of a position of vulnerability, or by the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The consent of the victim is irrelevant when any of the aforementioned means have been used. (3) The State undertakes to penalize unreported employment and any form of economic subjection equivalent to forced exploitation, notably the confiscation of identity papers by an employer, debt bondage, and the exploitation of vulnerability linked to migratory status. (4) Any victim of trafficking or forced labour shall be entitled to assistance, protection, a temporary residence permit independent of cooperation with judicial authorities, and full reparation, without prejudice to the criminal liability of their exploiters. §4. Non-Regression and Strict Interpretation (1) The level of protection guaranteed by this amendment may not be subject to any regression in any form whatsoever. (2) Any exception to the prohibitions set forth in this amendment, provided for by its own provisions, is of strict interpretation and may not be extended by analogy, regulatory means, or judicial precedent to situations not expressly covered by it. AMENDMENT 3 - Bodily Protection and Medical Autonomy §1. Prohibition of Non-Consensual Bodily Interferences (1) No one may undergo an interference with their bodily integrity without their free, prior, specific, and informed consent, except in cases strictly defined by law and subject to judicial review. (2) The only exceptions to this principle, within strictly necessary and proportionate limits, are: a) life-saving emergency interventions on a person unable to express their will, in the absence of known contrary advance directives and in the absence of a legal representative reachable in a timely manner, limited to what is strictly necessary to preserve life or avoid serious and immediate harm. b) measures of momentary physical constraint strictly necessary for the safety of a person or others, under the conditions provided for in Amendment 1, §3(3). (3) In any event, no bodily interference may be justified on cultural, customary, religious, or aesthetic grounds when performed on a person unable to validly consent, notably a minor, except when it responds to proven therapeutic necessity. §2. Free and Informed Consent and Refusal of Treatment (1) Every adult and capable person has the right to freely consent to any medical act concerning them and to refuse it, including when such refusal is likely to lead to their death, without such refusal being imposed upon them, nor may the healthcare professional override it. (2) Consent is valid only if preceded by clear, fair, appropriate, and complete information regarding the person's condition, the proposed investigations and treatments, their usefulness, their potential urgency, their consequences, the frequent or serious normally foreseeable risks they entail, as well as alternative possible solutions and the foreseeable consequences in case of refusal. (3) Consent may be withdrawn at any time, without formality, without having to justify the reason, and without such withdrawal resulting in any unfavorable consequence in access to subsequent care. (4) Everyone has the right to draw up advance directives expressing their wishes regarding the end of life and medical acts desired or refused in the event that they should become unable to express their will. These directives are binding on the medical profession, except in vital emergencies for the time required for a full assessment of the situation, or when they appear manifestly inappropriate or non-compliant with the medical situation, in which case the decision is made within the framework of a collegial procedure whose modalities are determined by law. (5) For minors or protected adults unable to express their will, consent shall be sought from their legal representative, in the best interests of the person concerned and, to the extent of their discernment, by seeking their own assent, which must be taken into account progressively with their age and maturity. §3. Prohibition of Non-Consensual Human Experimentation (1) Any experimentation, biomedical research, or clinical trial on a human being is subject to their free, specific, informed, and express consent, given in writing, revocable at any time without justification or unfavorable consequence. (2) Experimentations conducted under the following conditions are prohibited under all circumstances and without any possible exception: a) without the consent of the person concerned or of their duly informed legal representative. b) on persons in a situation of particular vulnerability - detained persons, persons with mental disabilities lacking discernment, persons in a state of economic or hierarchical dependency vis-à-vis the researcher - when this vulnerability is exploited to obtain consent that is not truly free. c) on deceased persons, without the consent they expressed during their lifetime or, failing that, that of their beneficiaries, under the conditions set by law. (3) Any human experimentation, even if consented to, must be previously authorized by an independent ethics committee, be based on rigorous scientific justification, be subject to a prior assessment of the ratio between foreseeable risks and the expected benefit for the person or for public health, and may under no circumstances be conducted if disproportionate risks weigh on the subjects compared to the expected benefit. (4) Violation of this paragraph entails the personal criminal liability of the researcher and of any person who knowingly authorized it, without the status of representative of the State or of a public research organization constituting a justification or a cause of irresponsibility. §4. Non-Regression and Strict Interpretation (1) The level of protection guaranteed by this amendment may not be subject to any regression in any form whatsoever. (2) Any exception to the prohibitions set forth in this amendment, provided for by its own provisions, is of strict interpretation and may not be extended by analogy, regulatory means, or judicial precedent to situations not expressly covered by it. AMENDMENT 4 - Bodily, Reproductive, and Genetic Sovereignty §1. Inalienability of the Human Body, its Elements, and its Products (1) The human body, its elements, and its products cannot be the subject of a property right in the patrimonial sense of the term. They are inalienable, non-transferable for valuable consideration, and incapable of appropriation. (2) Prohibited without exception or possible derogation by contractual or regulatory means are: a) commerce and remuneration, in any form whatsoever - direct or disguised as "compensation," "indemnification," or "expenses" exceeding the strict reimbursement of expenses actually incurred - for the donation of organs, tissues, cells, blood, gametes, or any other element or product of the human body. b) trafficking in human organs, tissues, or cells, as well as any for-profit intermediation in donation or transplantation. c) surrogate motherhood for financial gain (commercial surrogacy), in any form and through any intermediary whatsoever, including when the contract is concluded abroad. No surrogacy agreement, whether commercial or purportedly altruistic, may produce binding legal effect with respect to the surrogate mother, who retains at all times and until birth the right to go back on her commitment without any sanction, penalty, or action for damages being able to be asserted against her on this ground. d) the patentability of the human body, its elements, and its products as such, including total or partial sequences of a gene, excluding technical processes of isolation or production which may, for their part, be protected under the conditions set by law. (3) The donation of organs, tissues, cells, blood, or gametes must be voluntary, free of charge, anonymous except for exceptions provided by law in the interest of the person born from the donation, and revocable until the moment of retrieval. (4) Any violation of this paragraph shall be punished by law and shall not confer upon its author any right or claim enforceable against the person whose body, elements, or products have been unduly used. §2. Protection of the Human Genome (1) The genetic heritage of the human species is protected. No one shall be discriminated against on the grounds of their genetic characteristics. (2) Prohibited in an absolute and non-derogable manner are: a) any intervention aimed at creating a human being genetically identical to another human being, whether living or dead (human reproductive cloning). b) any modification of the genome of human germ cells or embryos intended to be transmitted to offspring, except for derogations strictly regulated by law for research into therapeutic techniques alone, without transfer of the modified embryo for gestation purposes. c) any genetic modification pursuing a selection purpose, understood as any organized practice aimed at the selection of persons based on genetic characteristics deemed desirable, including the selection of the sex of the unborn child, except where such selection aims to avoid the transmission of a serious sex-linked genetic disease, duly established by a multidisciplinary medical team. d) any non-therapeutic somatic genetic modification, that is to say, not aimed at preventing, treating, or curing a disease or deficiency, notably those pursuing a goal of enhancing physical, cognitive, or aesthetic capacities ("human enhancement"). (3) Genetic tests may be performed only for medical purposes, regulated scientific research, or judicial purposes under the conditions provided by law, and only with the free and informed consent of the person concerned, previously informed of the scope and purpose of the test. Employers and insurers may not, under any circumstances, demand the disclosure of a person's genetic characteristics nor take them into account, directly or indirectly, in their decisions. §3. Sexual and Reproductive Rights (1) Everyone has the right to control their own body in matters of sexuality and reproduction, with respect for the autonomy and consent of others. (2) This right includes: a) the right to comprehensive, age-appropriate sex education based on accurate scientific data and free from any imposed moral or religious judgment, guaranteed to everyone throughout their schooling. b) the right to contraception, in all its medically recognized forms, access to which may not be made subject to parental, spousal, or third-party authorization for any person capable of consenting according to the general rules of law, nor hindered by a waiting period, a conscience clause invoked without immediate referral to another professional, or a cost constituting an obstacle to its effectiveness. c) the right to voluntary termination of pregnancy, guaranteed to any pregnant woman who requests it, without this right being made subject to the presentation of a motive, authorization from a third party - including the partner or the legal representative of a minor, whose information alone is sought without their opposition being able to obstruct the decision of the person concerned - a reflection period exceeding what is strictly reasonable, or procedural, financial, or geographical obstacles having the effect of rendering this right illusory. (3) No law, regulation, or administrative practice may have as its object or effect the restriction of effective access to the rights set forth in this paragraph. Any conscience clause recognized for a healthcare professional must be exercised in compliance with the obligation, for both the healthcare establishment and the healthcare system taken as a whole, to guarantee under all circumstances and without unreasonable delay the effective access of everyone to the services mentioned in this paragraph. §4. Non-Regression and Strict Interpretation (1) The level of protection guaranteed by this amendment may not be subject to any regression in any form whatsoever. (2) Any exception to the prohibitions set forth in this amendment, provided for by its own provisions, is of strict interpretation and may not be extended by analogy, regulatory means, or judicial precedent to situations not expressly covered by it.

AMENDMENT 5 - Integrity of the Home and Property §1. Respect for Private and Family Life (1) Everyone has the right to respect for their private and family life, their home, and their correspondence. (2) Private life includes, without limitation, a person's physical and moral integrity, their identity, their sexual orientation and sexual life, their relationships with others, their honor and reputation, as well as the right to develop their personality and to establish and maintain relations with their fellow human beings and the outside world, free from interference. (3) Family life includes ties between parents and children, between spouses or partners, and, more broadly, de facto ties characterized by a sufficiently stable community of life, independently of the formal recognition of the tie by civil status. (4) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with an accessible and foreseeable law, pursues a legitimate aim exhaustively enumerated by that law, and constitutes a necessary and proportionate measure in a democratic society. Any interference not complying with these three cumulative conditions shall be null and void ab initio and shall engage the liability of its author. §2. Inviolability of the Home (1) Everyone's home is inviolable. Searches, domestic visits, or seizures shall take place only in the cases and according to the forms prescribed by law, upon the prior authorization of an independent judicial authority, except in cases of flagrante delicto or imminent peril to a person's life, in which case immediate ex post facto judicial review is mandatory. (2) For the purposes of this article, a home shall mean any place where a person actually resides, on a habitual or temporary basis, whether they are the owner, tenant, or occupant under any other title, as well as its immediate appurtenances and, within the limits established by law, professional premises. (3) Any search must be limited in its purpose and duration to what is strictly necessary for the discovery of the items sought, be conducted in the presence of the occupant or their representative, and be the subject of a adversarial report. §3. Right to Property and Guarantee Against Expropriation (1) Every natural or legal person has the right to the peaceful enjoyment of their possessions. No one shall be deprived of their property except in the public interest, lawfully established, and subject to the condition of fair and prior compensation. (2) The public interest must be established by a reasoned declaration, subject to effective review before an independent court, which shall review both the reality of the public interest ground and the proportionality of the expropriation with regard to the objective pursued. (3) Fair compensation shall be fixed at the full value of the expropriated property, assessed at the date closest possible to the transfer of ownership, increased by the direct, material, and certain damage caused by the expropriation, and paid prior to dispossession, unless the expropriated party agrees to deferred payment. (4) No regulation of the use of property in accordance with the general interest shall be deemed an expropriation within the meaning of this article, provided that it does not deprive the owner of the substance of their right nor impose a special and exorbitant burden disrupting equality before public burdens, in which case compensation shall be due. (5) Any general confiscation of property based on a person's membership in a group, origin, opinion, or any protected ground within the meaning of the Principle of Isonomy is prohibited and null and void ab initio, without prejudice to individual confiscation measures ordered by a court following regular criminal proceedings. §4. Prohibition of the Forced Quartering of Soldiers in Private Homes (1) In time of peace, no soldier shall be quartered in any private house without the consent of the owner. In time of war, such requisitioning may take place only in the forms prescribed by an organic law, and shall give rise to full and immediate compensation. §5. Right to the Protection of Personal Data (1) Everyone has the right to the protection of personal data concerning them. This right includes control by the data subject over information relating to them that allows them to be identified, directly or indirectly. (2) This right includes in particular: a) the right of access, enabling any person to obtain confirmation as to whether or not personal data concerning them are being processed, as well as communication of such data and information relating to the purposes, categories of data, and recipients of the processing. b) the right to rectification, enabling the correction without undue delay of inaccurate or incomplete data. c) the right to erasure, known as the "right to be forgotten", enabling the erasure of data when they are no longer necessary in relation to the purposes for which they were collected, when the data subject withdraws consent, or when the processing is unlawful. d) the right to object, enabling objection at any time, on grounds relating to their particular situation, to the processing of data concerning them. e) the right to data portability, enabling the receipt of data concerning them in a structured format and the transmission of those data to another data controller. (3) Any processing of personal data must be based on a determined legal basis - free, specific, and informed consent, performance of a contract, legal obligation, protection of vital interests, performance of a task carried out in the public interest, or a proportionate legitimate interest - be limited to what is strictly necessary for the purpose pursued, and be subject to appropriate security measures. (4) The processing of so-called sensitive data - racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, health data, or data concerning a natural person's sex life or sexual orientation - is prohibited in principle and may only be authorized by an organic law strictly defining the conditions and safeguards of such processing, under the supervision of an independent administrative authority established by that same law. (5) Any decision producing legal effects concerning a person or significantly affecting them may not be based exclusively on automated processing, including profiling, without effective human intervention, unless the data subject has expressly consented thereto and benefits from the right to obtain human intervention, to express their point of view, and to contest the decision. §6. Right to One's Image (1) Everyone has the right to object to the capture, fixation, reproduction, or diffusion of their image, without their express and prior consent, regardless of the place where the image was captured. (2) This right does not prevent the capture or diffusion of a person's image, without their consent, when they appear accessorily and incidentally in a public place within a collective scene, or when the image concerns a person performing a public function in the exercise of that function, to the strict extent required by the legitimate information of the public and subject to respect for their dignity. (3) Consent given for a specific use of one's image does not constitute consent for a different use, notably advertising or commercial, which requires a specific and distinct consent. AMENDMENT 6 - Secrecy of Correspondence and Communications (1) The secrecy of correspondence and all communications, in any form and by any technical means whatsoever - postal mail, electronic communications, telephone communications, connection data, and metadata - is inviolable. (2) The secrecy of communications may be interfered with only by a measure provided for by a precise and accessible law, authorized in advance by a judicial authority independent of the executive power, limited in its scope, recipients, and duration to what is strictly necessary for the pursuit of a legitimate aim determined by that law, and subject to effective judicial review, including ex post facto review for the surveilled person as soon as the measure has ceased to compromise the purpose that justified it. (3) Any mass, generalized, and indiscriminate surveillance of communications is absolutely prohibited if it is not targeted at specific persons with respect to whom there are plausible reasons to suspect them of a serious offense defined by law, or justified by a serious and imminent threat to national security, itself subject to enhanced judicial review. (4) Correspondence exchanged with a lawyer, physician, minister of religion, or any other person bound by professional secrecy benefits from enhanced protection and may be intercepted or seized only under exceptional conditions restrictively defined by law and subject to specific judicial review. (5) Any evidence obtained in violation of this article shall be null and void and may not be used in any proceedings whatsoever, including as an indirect foundation for other subsequent procedural acts deriving therefrom (fruit of the poisonous tree doctrine). AMENDMENT 7 - Freedoms of the Mind §1. Freedom of Religion, Conscience, and Thought (1) Everyone has the right to freedom of thought, conscience, and religion. This right includes freedom to change religion or belief, and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice, and observance, as well as the freedom to profess none. (2) The inner forum - the freedom to believe, not to believe, or to change one's belief - is absolute and non-derogable, it shall not be subject to any restrictions under any circumstances. (3) Only the external manifestation of religion or belief may be subject to restrictions, and only such as are prescribed by law and are necessary, in a democratic society, for public safety, the protection of public order, health, or morals, or the protection of the rights and freedoms of others. (4) No one may be compelled to reveal their religious or philosophical convictions, nor be subjected to a religious oath contrary to their conscience, nor suffer discrimination in the exercise of a civil or political right on account of their convictions or lack thereof. (5) Conscientious objection is recognized within the limits and according to the terms fixed by law, which shall provide, where applicable, for an alternative obligation of a non-punitive character. §2. Freedom of Expression, Freedom of the Press, and Freedom of the Media (1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers, by any medium of expression. (2) Freedom of the press and of the media is guaranteed. Prior censorship is prohibited. No prior authorization to publish, broadcast, or print may be required of a press or communication organ, other than a declaration regime relating to the identification of its publication director. (3) The confidentiality of journalists' sources is protected; it may be interfered with only upon a decision by an independent judicial authority, in the cases and under the conditions strictly defined by law, when an overriding imperative of public interest so justifies and no reasonable alternative measure allows the objective pursued to be achieved. (4) The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions, or penalties as are prescribed by law and are necessary and proportionate measures, notably for the suppression of direct and public incitement to violence or hatred based on a protected ground within the meaning of the Principle of Isonomy, defamation, insult, and the disclosure of information covered by legally protected secrecy. (5) The mere shocking, disturbing, offensive, or critical character - with regard to an institution, a public authority, a religion, an ideology, or a public personality - of a statement or a work shall not under any circumstances constitute a legitimate restriction on freedom of expression, subject to compliance with the restrictions exhaustively enumerated in §2(4). (6) Media pluralism and independence are guaranteed by law, which shall prevent excessive concentration of media ownership likely to compromise such pluralism, provided that such regulation may not serve as a pretext for control of editorial content by a public authority. AMENDMENT 8 - Freedoms of Movement and Collective Action §1. Freedom of Movement and Establishment (1) Everyone lawfully within the territory of the Republic shall have the right to move freely therein and to choose freely their residence. (2) Everyone shall be free to leave any country, including their own, and no citizen may be deprived of the right to enter the territory of the State of which they hold nationality. (3) The exercise of these rights shall be subject only to such restrictions as are provided by law and are necessary, in a democratic society, in the interests of national security, public safety, the maintenance of public order, the prevention of criminal offenses, the protection of public health or morals, or the protection of the rights and freedoms of others. §2. Freedom of Assembly and Association (1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of their interests. (2) No one may be compelled to belong to an association or a trade union (negative freedom of association). (3) The dissolution of an association or trade union may be pronounced only by a judicial authority, to the exclusion of any administrative authority acting alone, for reasons exhaustively defined by law and proportionate, and in accordance with a procedure guaranteeing the rights of the defense. (4) The regime governing public meetings is declarative and not subject to prior authorization. A meeting or demonstration may be prohibited only by a reasoned individual decision subject to suspensive review in cases of extreme urgency before a court, and only in the event of a proven and serious risk to public order that no less restrictive measure, such as the regulation of the route or schedule, would make it possible to prevent. §3. Right of Petition and Freedom to Form Political Parties (1) Everyone has the right to address petitions, individually or collectively, to public authorities, which have the obligation to reply within a reasonable time limit fixed by law. (2) Everyone has the right to form political parties and to join them freely. Political parties shall freely contribute to the expression of suffrage; they shall be formed and exercise their activities freely, in compliance with the principles of national sovereignty and democracy. A political party may be dissolved only by a decision of the constitutional jurisdiction, for reasons strictly limited to the use of violence or the denial of the democratic character of institutions, excluding any ground based solely on the content of its political program. §4. Right to Strike and Demonstrate (1) The right to strike is recognized. It shall be exercised within the framework of the laws regulating it, which may not have the effect of making it impossible in practice in a given sector of activity, subject only to the limitations strictly necessary for the continuity of services essential to the life of the nation, exhaustively defined by an organic law. (2) The right to demonstrate peacefully on the public highway is guaranteed under the conditions laid down in §2(4) of this amendment. (3) No worker may be subjected to sanction, dismissal, or discrimination solely on account of the normal and peaceful exercise of the right to strike or demonstrate. §5. Freedom of Enterprise and to Exercise a Profession (1) Everyone has the freedom to undertake, create, and manage a enterprise, and to engage in commerce, industry, or the profession of their choice. (2) This freedom may be subject to restrictions provided by law, based on constitutional requirements or justified by the general interest - the protection of public health, the environment, consumers, economic public order, or professional qualification requirements proportionate to the objective pursued - provided that such restrictions do not constitute a disproportionate interference with regard to the objective pursued. (3) No monopoly may be established for the benefit of a specific private person, except in cases where the general interest imperatively so justifies, and subject to judicial review of the necessity and proportionality of the measure. §6. Freedom of Contract (1) Everyone is free to conclude or not to conclude a contract, to choose their contracting partner, and to determine its content freely. (2) This freedom is exercised within the limits fixed by law and public policy, notably mandatory rules intended to protect the weaker party to the contract, to guarantee fairness in transactions, to prevent fraud, and to ensure respect for the fundamental rights of others, which rules may not be set aside by contrary clauses. (3) No contractual clause may validly deprive a person of the exercise of a fundamental right guaranteed by this Constitution, and any such clause shall be deemed unwritten.

AMENDMENT 9 - Protection against unreasonable searches, intrusive inspections, and seizures §1. General Principle (1) Everyone has the right to the protection of their person, home, papers, and effects against unreasonable or arbitrary searches, intrusive inspections, and seizures, whether conducted by a public authority or at its instigation. (2) This right extends, beyond the home protected by Amendment 5 §2, to the natural person themselves, their personal belongings, their vehicle, their correspondence in any form, their computer and telecommunication devices, as well as any digital data belonging to or concerning them, regardless of its place of storage. §2. Requirement of a Warrant Based on Probable Cause (1) No search warrant, intrusive inspection order, or seizure order shall be issued except upon probable cause, supported by oath or solemn affirmation, describing with particularity the place to be searched and the persons or objects to be seized. (2) The warrant shall be issued by an independent and impartial judicial authority, unconnected with the investigative or prosecuting services. It shall not be general nor left to the discretionary assessment of the officer executing it. (3) Probable cause consists of the totality of objective facts and circumstances capable of convincing a prudent, cautious, and reasonable person that an offense has been committed, is being committed, or is about to be committed, and that the items sought are located at the designated place. (4) The warrant shall specify its period of validity, which shall not exceed what is strictly necessary for its execution, as well as the hours during which it may be executed, except in cases of duly justified urgency. §3. Exceptions to the Prior Warrant Requirement (1) Derogation from the prior warrant requirement is permitted only in the following cases, strictly defined by law and narrowly interpreted: a) the free, informed, and unequivocal consent of the person authorized to dispose thereof. b) flagrante delicto (in the act). c) imminent peril to the life or integrity of a person, or a serious and immediate risk of destruction of evidence. d) a search incidental and proportional to a lawful arrest, limited to the arrested person and the area immediately under their control. (2) In each of these cases, an immediate a posteriori judicial review is mandatory, concerning the reality and lawfulness of the circumstances invoked to justify the absence of a prior warrant. (3) The burden of proving the necessity and lawfulness of a search, intrusive inspection, or seizure conducted without a prior warrant rests entirely upon the authority that carried it out. §4. Body Searches (1) Any body search shall be proportional to the legitimate aim pursued and the gravity of the suspicions. A pat-down search shall be the only one permitted as a general rule; a full or invasive body search may only be conducted upon authorization by a judicial authority, by a person of the same sex as the person searched except in medical emergencies, under conditions preserving their dignity. (2) Any invasive body search, including any internal bodily investigation, is subject to the requirements of Amendment 3 concerning consent and bodily integrity, subject only to the exceptions enumerated therein. §5. Sanctions for Irregular Searches, Intrusive Inspections, and Seizures (1) Any search, intrusive inspection, or seizure conducted in violation of this article shall be deemed irregular. (2) Any piece of evidence collected directly or indirectly through an irregular search, intrusive inspection, or seizure shall be null and void and may not be used in any proceedings whatsoever, including as a foundation for subsequent procedural acts deriving therefrom, unless the prosecuting authority establishes that such evidence would inevitably have been discovered through a lawful and distinct channel. (3) Any person who is the victim of an irregular search, intrusive inspection, or seizure shall have the right to full compensation for the damage suffered, without prejudice to the personal, disciplinary, and criminal liability of the officer who executed or ordered it. §6. Non-Regression and Strict Interpretation (1) The level of protection guaranteed by this amendment shall not be subject to any regression in any form whatsoever. (2) Any exception to the principles set forth in this amendment, provided for by its own provisions, shall be strictly interpreted and may not be extended by analogy, regulatory enactment, or judicial precedent to situations not expressly covered thereby. AMENDMENT 10 - Right to a Fair Trial §1. Right of Access to a Judge and Tribunal (1) Everyone has the right to have their cause heard by a judge or tribunal for the determination of their civil rights and obligations, as well as of any criminal charge against them. (2) This right includes effective and practical access to a court, which may not be hindered by procedural, financial, or practical obstacles having the effect of rendering it illusory. Anyone lacking sufficient resources shall receive free legal aid when the interests of justice so require. (3) No one may be removed against their will from their natural judge, nor judged by an exceptional tribunal created after the occurrence of the facts of which they are accused. §2. Right to an Independent and Impartial Tribunal (1) Everyone has the right to have their cause heard by an independent and impartial tribunal established by law. (2) The independence of the tribunal shall be assessed notably with regard to the mode of appointment and term of office of its members, the existence of guarantees against external pressures including those emanating from the executive or legislative branch and the appearance of independence it presents. (3) Impartiality shall be assessed both from a subjective viewpoint - the personal absence of prejudice on the part of the judge - and from an objective viewpoint - the absence of any legitimate and reasonable doubt as to their impartiality, taking into account notably their prior functions in the same case. (4) Everyone has the right to challenge a judge whose impartiality may reasonably be doubted, according to a procedure fixed by law and adjudicated by a different judicial panel. §3. Reasonable Time (1) Everyone has the right to have their cause heard within a reasonable time, both in civil and criminal matters, starting respectively from the referral to the court or the indictment. (2) The reasonableness of the time shall be assessed in light of the complexity of the case, the applicant's conduct, the conduct of the competent authorities, and what is at stake in the litigation for the person concerned. (3) Exceeding the reasonable time gives rise to a right to compensation and may, in criminal matters, constitute a ground for mitigating the sentence or, in the most serious cases, bar prosecution. §4. Publicity, Adversarial Proceedings, and Equality of Arms (1) Everyone has the right to a public hearing. Judgments shall be pronounced publicly. The press and public may be excluded from all or part of the trial only in the interest of morals, public order, national security, the protection of the private lives of the parties, or minors, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice, and only by a reasoned decision subject to appeal. (2) The adversarial principle guarantees each party the right to know and discuss any element of fact or law likely to influence the decision, as well as any observation or document submitted to the judge, including of their own motion. (3) The principle of equality of arms guarantees each party a reasonable opportunity to present their case under conditions that do not place them at a clear disadvantage compared to the opposing party, notably regarding access to case files, the assistance of counsel, and preparation time. (4) All judicial decisions shall be reasoned in fact and in law, so as to enable the recipient to understand the reasons therefor and effectively exercise their right of appeal. §5. Right to a Jury (1) Anyone prosecuted for a felony, as defined by law, has the right to have their guilt established by a jury composed of citizens chosen by lot, barring a free and informed waiver of this right on their part. (2) In civil matters, when the value of the litigation exceeds a threshold set by law, any party has the right to request that questions of fact be determined by a jury, without prejudice to the judge's jurisdiction over questions of law. (3) The procedures for the constitution, deliberation, and decision of the jury shall be fixed by law, which shall guarantee the representative and impartial character of its composition and the unanimity or qualified majority required for any verdict of guilt. §6. Non-Regression and Strict Interpretation (1) The level of protection guaranteed by this amendment shall not be subject to any regression in any form whatsoever. (2) Any exception to the principles set forth in this amendment, provided for by its own provisions, shall be strictly interpreted and may not be extended by analogy, regulatory enactment, or judicial precedent to situations not expressly covered thereby. AMENDMENT 11 - Rights of the Accused / Person Under Prosecution §1. Presumption of Innocence (1) Anyone accused of a criminal offense shall be presumed innocent until proven guilty according to law in a regular trial affording all the guarantees necessary for their defense. (2) The burden of proof rests exclusively upon the prosecution. Any doubt shall benefit the person under prosecution. (3) No public authority, notably no state representative nor any investigative or prosecutorial officer, may publicly present a person as guilty before a final judicial decision has established it. (4) No law may institute a presumption of guilt or shift the burden of proof in criminal matters to the detriment of the person under prosecution, except for rebuttable presumptions that are strictly proportional and leave the person a real opportunity to offer proof to the contrary. §2. Right to Be Informed of Charges (1) Anyone arrested shall be informed, promptly and in a language they understand, of the reasons for their arrest and of any charge against them. (2) Anyone prosecuted shall be informed promptly, in detail, of the nature and cause of the accusation against them, so as to have the time and facilities necessary for the preparation of their defense. (3) The accusation may not be modified during the proceedings except upon a new notification allowing the defense a reasonable time to prepare. §3. Right to the Assistance of a Lawyer (1) Anyone prosecuted has the right to defend themselves or to be assisted by legal counsel of their choice, and, if they lack the necessary means, to be assisted free of charge by a court-appointed lawyer when the interests of justice so require. (2) This right shall be exercised from the very first interrogation by investigative authorities, including during any police custody or detention measure, and at every subsequent stage of the proceedings. (3) Anyone deprived of liberty has the right to communicate confidentially with their lawyer, without undue delay and without such communication being monitored or hindered, subject to the reasonable material organization of detention facilities. (4) Waiver of the assistance of a lawyer is valid only if it is free, express, informed, and reiterated at each essential stage of the proceedings. §4. Right to Silence and Privilege Against Self-Incrimination (1) No one shall be compelled to testify against themselves or to confess guilt. Anyone interrogated shall be informed, prior to any interrogation, of their right to remain silent and their right not to contribute to their own incrimination. (2) Silence maintained by a person during the investigation or trial may not be used in itself as evidence of their guilt, nor as a tacit admission. (3) Any statement obtained in violation of the right to silence or through pressure, coercion, or deception affecting the free exercise of will of the person interrogated shall be null and void and may not be used as evidence against them. §5. Right of Access to the Case File (1) Anyone prosecuted and their counsel have the right to access the entirety of the case file, including exculpatory evidence, within a time frame allowing them to examine it effectively before each decisive hearing. (2) The prosecuting authority has the obligation to communicate to the defense any element likely to exonerate the person prosecuted or mitigate their responsibility, as soon as it becomes aware of it, without the defense having to request it. (3) Any restriction on access to the case file must be temporary only, strictly necessary for the preservation of a legitimate interest determined by law, proportional, and subject to judicial review. §6. Right to Examine Witnesses (1) Anyone prosecuted has the right to examine or have examined witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them. (2) A conviction may not be based solely or decisively on statements made by a witness whom the defense has not had the opportunity to examine, except in exceptional circumstances compensated by sufficient procedural safeguards. §7. Prohibition of Double Jeopardy (Non Bis In Idem) (1) No one shall be liable to be tried or punished again in criminal proceedings for an offense for which they have already been finally acquitted or convicted in accordance with the law. (2) This principle does not prevent the reopening of the trial, in accordance with the law, if there are new or newly discovered facts or a fundamental defect in the previous proceedings, capable of affecting the judgment rendered, to the benefit of the convicted person. (3) Nothing in this paragraph prevents disciplinary or civil liability resulting from the same facts, distinct from criminal liability. §8. Legality of Offenses and Penalties (Nullum Crimen, Nulla Poena Sine Lege) (1) No one shall be held guilty of any criminal offense on account of any act or omission which did not constitute a criminal offense under the law in force at the time when it was committed. (2) Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offense was committed. A subsequent milder criminal law shall apply retroactively to offenses committed before its entry into force that have not been definitively judged. (3) This paragraph shall not prejudice the trial and punishment of any person guilty of any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by civilized nations. §9. Non-Regression and Strict Interpretation (1) The level of protection guaranteed by this amendment shall not be subject to any regression in any form whatsoever. (2) Any exception to the principles set forth in this amendment, provided for by its own provisions, shall be strictly interpreted and may not be extended by analogy, regulatory enactment, or judicial precedent to situations not expressly covered thereby. AMENDMENT 12 - Proportionality of Penalties and Prohibition of Cruel or Unusual Punishments §1. Prohibition of Excessive Bail (1) Excessive bail shall not be required. The amount of bail shall be set solely in consideration of the necessity to ensure the appearance of the person prosecuted before the court and, where applicable, the prevention of an established risk of recidivism or pressure on witnesses, to the exclusion of any other purpose, particularly punitive ones. (2) Bail shall be set taking into account the resources of the person concerned, so as never to have the direct or indirect effect of keeping a person in detention for the sole reason of their indigence. (3) Any decision refusing release on bail or setting its amount shall be reasoned, individual, and subject to effective and swift appeal. (4) Pretrial detention may be ordered only exceptionally, when it constitutes the sole means of achieving one or more objectives restrictively listed by law, which no alternative measure less intrusive to liberty can achieve, for a strictly necessary duration subject to mandatory periodic review by a judicial authority. §2. Prohibition of Disproportionate Fines (1) No fine, forfeiture, or pecuniary sanction - whether criminal, administrative, or disciplinary - may be disproportionate to the gravity of the infraction, the material situation of the sanctioned person, and the legitimate aim pursued. (2) Proportionality shall be assessed notably with regard to the infringement upon the fundamental rights of the sanctioned person, the intentional or unintentional character of the infraction, and the existence of a benefit derived from the offense, without the sanction having the certain and predictable effect of depriving the person of the minimum necessary for a dignified existence. (3) Any pecuniary sanction shall be pronounced by an authority offering guarantees of independence and impartiality, at the close of adversarial proceedings, and subject to an appeal of full jurisdiction before a court, including the power to reform the amount of the sanction. §3. Prohibition of Cruel, Inhuman, or Unusual Punishments (1) No cruel, inhuman, degrading, or unusual punishment shall be inflicted or executed. (2) Constitutes a cruel, inhuman, or degrading punishment, without this list being exhaustive, any punishment causing manifestly excessive suffering with regard to its legitimate purpose, any life sentence without a real and periodic possibility of review, any prolonged solitary confinement for punitive purposes, and, in any event, any form of capital punishment, which remains prohibited under all circumstances in accordance with Amendment 1 §1(1). (3) Constitutes an unusual punishment any penalty alien to the legal traditions of the Republic, flagrantly disproportionate to the offense committed, or inflicted arbitrarily, discriminatorily, or without a rational link to the legitimate aims of criminal punishment—proportional retribution, prevention, rehabilitation, and protection of society. (4) Any custodial sentence shall be executed under material conditions preserving the dignity of the detained person, in accordance with the requirements of Amendment 1 §2, and shall pursue, as its primary objective, social rehabilitation. (5) Punishment shall be individualized: its quantum and modalities shall be determined by the judge based on the circumstances of the offense and the personality of its author, to the exclusion of any automatic, mandatory minimum, or fixed-floor sentence that would deprive the judge of all power of individualization. §4. Non-Regression and Strict Interpretation (1) The level of protection guaranteed by this amendment shall not be subject to any regression in any form whatsoever. (2) Any exception to the principles set forth in this amendment, provided for by its own provisions, shall be strictly interpreted and may not be extended by analogy, regulatory enactment, or judicial precedent to situations not expressly covered thereby.