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Portugal The Portuguese Constitution recognizes the right of peoples uprising against oppression

Fabio Marcelli, original title: The right to insurrection ,
published in the daily , on 03/05/2011

Article. 5 of the Declaration on the Rights of Man and Citizen of 1793 reads as follows: "When the government violates the rights of the people, insurrection is, for the people and for each portion of it, the most sacred of rights and as in dispensable duties ". Also art. 7, paragraph 3, of the Portuguese Constitution of 1976 recognizes the right of peoples to self-determination and independence and development, and the insurrection against all forms of oppression.

in the International Covenants on Human Rights are not talking about insurrection, but to self-determination, in fact under Article. 1 common to the two Covenants (the one on civil and political rights and the social, economic and cultural), the first paragraph states that all peoples have the right to dispose of themselves and, by virtue of that right they freely determine their economic, social and cultural. The general international law, for its part, is not opposed to revolutions, provided that the new regulations are covered by the requirement of effectiveness.

Even beyond these and other explicit encoding, it must be concluded that the right to insurrection reflects a general principle of law . It shall ensure compliance of the constitutional claim and that in turn preserve the rights of the people. For example, the right to work is stated in categorical terms of Article. 4 of the Italian Constitution, which states that the Republic recognizes the right of citizens to work and promotes conditions before the law is made effective. What to do if the right hand is not made effective, as happens in today?

The alternative is, in some cases, including suicide el'insurrezione. The recent experience of the revolution of Tunisia has demonstrated clear. Since suicide the young Bouaziz, who set himself on fire because it prevented him from selling fruit and vegetables on a stall, has struck the spark that set fire to the country and throughout the Arab world.
Last night the minister Tremonti keenly watched on television that the riots are intended to extend, by Arab countries, those in African and Asian countries, because people no longer have the money to buy basic foods.

It seems to me a prophecy shared. But what is this system that does not permit the satisfaction of even the most basic rights to life? It is certainly the case for change. And the insurgency remains everywhere a legitimate means to do so, provided that it is possible to see that the government violates the rights of the people.


Portugal - The Revolution of 25 April 1974





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