Page:British and Foreign State Papers, vol. 144 (1952).djvu/314

290 or in case of war or of invasion of the national territory, serious disturbance of order or others which deeply disturb public peace.

Suspension of constitutional guarantees can be ordered only by means of a special law passed by Congress or by a Decree of the Chief Executive; but in the latter case, Congress must be called in the same Decree of suspension, to meet within a period of 48 hours, to the end that, sitting as a single body, it may ratify or not ratify the suspension by a roll-call majority vote. If Congress thus assembled votes against the suspension, the guarantees shall be automatically re-established.

42. The territory in which the guarantees referred to in the preceding Article are suspended, shall be governed by the Public Order Law previously enacted; but neither the said Law nor any other can direct the suspension of guarantees other than those mentioned. Neither can new crimes be declared or other penalties be imposed beyond those established by law when the suspension is ordered.

Those arrested for the reasons which led to the suspension must be imprisoned in special places intended for persons indicted or penalised for political or social crimes.

The Executive Branch is prohibited from detaining any person whatever for more than 10 days, without delivering him to the judicial authorities.

43. The family, maternity and marriage have the protection of the Nation.

Marriage shall be valid only when performed by officers with legal capacity to do so. Judicial matrimony is gratis and shall be maintained by law.

Matrimony is the legal basis of the family and shall rest on an absolute equality of rights for both spouses; its economic régime shall be organised in accordance with this principle.

A married woman has full civil capacity, and does not require permission or authorisation from her husband to control her property, freely engage in commerce or industry, or exercise any profession, trade or art, and to dispose of the proceeds of her labour.