Armenia 1995 Constitution (reviewed 2015) - Page 2 of 16

Table of Contents

CHAPTER 2. FUNDAMENTAL RIGHTS AND FREEDOMS OF THE HUMAN BEING AND THE CITIZEN

Article 23. Human Dignity

Human dignity is inviolable.

Article 24. The Right to Life

Everyone shall have the right to life.
No one may be arbitrarily deprived of life.
No one shall be condemned to the death penalty, or executed.

Article 25. The Right to Physical and Mental Integrity

Everyone shall have the right to physical and mental integrity.
The right to physical and mental integrity may be restricted only by law, with the aim of protecting state security, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others.
In the fields of medicine and biology, in particular, eugenic experiments making human organs and tissues a source of financial gain, and the reproductive cloning of the human being shall be prohibited.
No one shall be subjected to scientific, medical or other experiments without his freely and clearly expressed consent. A person shall in prior be informed about the potential consequences of such experiments.

Article 26. The Prohibition of Torture, Inhuman or Degrading Treatment or Punishment

No one shall be subjected to torture, inhuman or degrading treatment or punishment.
Corporal punishments shall be prohibited.
Persons deprived of liberty shall have the right to humane treatment.

Article 27. Personal Liberty

Everyone shall have the right to personal liberty. No one may be deprived of personal liberty except in the following cases and in the manner stipulated by law:
1. A competent court has convicted the person for committing a crime;
2. For failing to comply with a lawful court order;
3. For the purpose of securing the fulfillment of a certain obligation stipulated by law;
4. For presenting the person before a competent body when there exists a reasonable suspicion that the person has committed a crime, or when it is reasonably necessary for the purpose of preventing the commission of a crime by such person or preventing his fleeing after having committed one;
5. For the purpose of placing a minor under educational oversight or bringing him before a competent body;
6. For the purpose of preventing the spreading of infectious diseases dangerous for the public, as well as for the purpose of preventing danger emanating from persons having a mental disorder or alcoholics or drug addicts;
7. For the purpose of preventing the unauthorized entry of a person into the Republic of Armenia, or for deporting a person or extraditing a person to another state.
Everyone deprived of personal liberty shall be informed promptly, in a language which he understands, of the reasons for deprivation of liberty, and in case of filing criminal charges, also of the charges.
Everyone deprived of personal liberty shall have the right to have a person of his choosing be immediately notified about it. The exercise of this right may be postponed only in the cases, manner, and time period stipulated by law, with the aim of preventing or solving crimes.
If, within a reasonable period of deprivation of liberty, but within not more than 72 hours, a court makes no decision to permit continued deprivation of liberty of a person deprived of liberty under Paragraph 1(4) of this Article, then he shall be released immediately.
Everyone deprived of personal liberty shall have the right to challenge the lawfulness of depriving him of liberty, about which the court shall promptly render a decision and shall order his release if the deprivation of liberty is unlawful.
No one may be deprived of personal liberty only for the reason of being unable to fulfill his civil-law obligations.

Article 28. General Equality before the Law

Everyone shall be equal before the law.

Article 29. The Prohibition of Discrimination

Any discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, worldview, political or any other views, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances shall be prohibited.

Article 30. Equality of Rights between Women and Men

Women and men shall have equal rights.

Article 31. Inviolability of Private and Family Life and of Honor and Reputation

Everyone shall have the right to inviolability of his private and family life, honor and reputation.
The right to inviolability of private and family life may be restricted only by law with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others.

Article 32. Inviolability of the Home

Everyone shall have the right to inviolability of the home.
The inviolability of the home may be restricted only by law with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others.
A home may be searched only by court decision in the cases and the manner stipulated by law. The law may prescribe other cases of restricting the right to inviolability of the home by court decision.

Article 33. Freedom and Confidentiality of Communication

Everyone shall have the right to freedom and confidentiality of correspondence, telephone conversations and other means of communication.
The freedom and confidentiality of communication may be restricted only by law, with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others.
The confidentiality of communication may be restricted only by court decision, except when it is necessary for protecting state security and is conditioned by the special status, stipulated by law, of those communicating.

Article 34. The Protection of Personal Data

Everyone shall have the right to protection of data concerning him.
Personal data shall be processed in good faith for purposes stipulated by law, with the consent of the person or without such consent if another legitimate ground stipulated by law is present.
Everyone shall have the right to become acquainted with the data collected about him in state and local self-government bodies and the right to demand to correct any incorrect data about him, as well as to eliminate data about him that was unlawfully obtained or no longer has a legal foundation.
The right to become acquainted with personal data may be restricted only by law with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others.
Details related to the protection of personal data shall be stipulated by law.

Article 35. Freedom to Marry

A man and a woman of marriageable age shall have the right to marry each other and form a family by free expression of their will. The age of marriage and the procedure of marrying and divorcing shall be stipulated by law.
In marrying, during marriage, and in divorce, a man and a woman shall have equal rights.
The freedom to marry may be restricted only by law with the aim of protecting health and morals.

Article 36. Rights and Obligations of Parents

Parents shall have the right and obligation to take care of the rearing, education, health, and comprehensive and harmonious development of their children.
Deprivation or limitation of parental rights may be performed only by law, by court decision with the aim of safeguarding the vital interests of the child.
Adult able-bodied persons are obliged to take care of their parents who are not able-bodied and are in need. Details shall be stipulated by law.

Article 37. The Rights of a Child

A child shall have the right to express his opinion freely, which shall be taken into consideration in matters concerning the child in accordance with his age and maturity.
In matters concerning the child, the interests of the child shall merit primary attention.
Every child shall have the right to maintain a regular personal relationship and direct contacts with his parents, unless a court decision has found it to be contrary to the child’s interests. Details shall be stipulated by law.
Children left without parental care shall be under the care and protection of the state.

Article 38. The Right to Education

Everyone shall have the right to education. The programs and duration of compulsory education shall be stipulated by law. Secondary education in state educational institutions is free of charge.
Everyone shall have the right to receive, in the cases and manner stipulated by law, free education in state higher and other vocational education institutions on the basis of competition.
The institutions of higher education shall, within the framework stipulated by law, have the right to self-governance, including to academic and research freedom.

Article 39. The Right of a Human Being to Act Freely

A human being shall be free to do all that does not violate the rights of others and does not contradict the Constitution and laws. No one may bear obligations that are not stipulated by law.

Article 40. The Right to Freedom of Movement

Everyone legally present in the territory of the Republic Armenia shall have the right to freedom of movement and the right to choose a place of residence.
Everyone shall have the right to exit the Republic of Armenia.
Every citizen and everyone who has the right to legally reside in the Republic of Armenia shall have the right to enter the Republic of Armenia.
The right to freedom of movement may be restricted only by law with the aim of protecting state security, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others. A citizen’s right to enter the Republic of Armenia shall not be subject to restriction.

Article 41. The Freedom of Thought, Conscience, and Religion

Everyone shall have the right to the freedom of thought, conscience, and religion. This right shall include the freedom to change one’s religion or beliefs and the freedom, either alone or in community with others in public or in private, to manifest religion or beliefs in preaching, church ceremonies, other rituals of worship or in other forms.
The expression of the freedom of thought, conscience, and religion may be restricted only by law with the aim of protecting state security, the public order, health and morals, or the fundamental rights and freedoms of others.
Every citizen for whom military service contradicts his religion or beliefs shall have the right to replace it with alternative service in the manner stipulated by law.
Religious organizations shall have equal rights and shall enjoy autonomy. The procedure of creation and operation of religious organizations shall be stipulated by law.

Article 42. The Freedom of Expression of Opinion

Everyone shall have the right to freely express his opinion. This right shall include freedom to hold own opinions, as well as to seek, receive, and impart information and ideas by any means of information without interference by state or local self-government bodies and regardless of state frontiers.
The freedom of the press, radio, television and other means of information shall be guaranteed. The state shall guarantee the activities of an independent public television and radio offering a diversity of informational, educational, cultural, and entertainment programs.
The freedom of expression of opinion may be restricted only by law with the aim of protecting state security, the public order, health and morals, or honor and reputation of others, and other fundamental rights and freedoms.

Article 43. The Freedom of Creation

Everyone shall have the freedom of literary, fine arts, scientific, and technical creation.

Article 44. The Freedom of Assembly

Everyone shall have the right to freely organize and participate in peaceful and unarmed assemblies.
In cases stipulated by law, outdoor assemblies shall be conducted on the basis of prior notification given within a reasonable period. No notification shall be required for spontaneous assemblies.
The law may prescribe restrictions on the exercise of the right to freedom of assembly for judges, prosecutors, investigators, as well as servicemen of the armed forces, the national security, the police, and other militarized bodies.
The conditions and procedure of exercising and protecting the freedom of assembly shall be stipulated by law.
The freedom of assembly may be restricted only by law with the aim of protecting state security, preventing crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others.

Article 45. The Freedom of Association

Everyone shall have the right to the freedom of association with others, including the right to form and to join trade unions for the protection of labor interests. No one shall be compelled to join any private association.
The procedure of creation and operation of associations shall be stipulated by law.
The freedom of association may be restricted only by law with the aim of protecting state security, the public order, health and morals, or the fundamental rights and freedoms of others.
The activities of associations may be suspended or prohibited only by a court decision in cases and in the manner stipulated by law.

Article 46. The Right to Create a Party and to Become a Member of a Party

Every citizen shall have the right to create a party with other citizens and the right to become a member of a party. No one shall be compelled to become a member of a party.
Judges, prosecutors, and investigators may not be members of a party. The law may prescribe restrictions on the right to create and become a member of a party by servicemen of the armed forces, the national security, the police, and other militarized bodies.
Parties shall publish annual reports on the sources of their financial means and expenditures, as well as on their property.
In cases stipulated by law, the activities of a party may be suspended by a decision of the Constitutional Court. Parties that advocate the violent overthrow of the constitutional order or use violence for overthrowing the constitutional order shall be unconstitutional and are subject to prohibition by decision of the Constitutional Court.

Article 47. The Right to Citizenship of the Republic of Armenia

A child born to citizens of the Republic of Armenia shall be a citizen of the Republic of Armenia.
Every child whose one parent is a citizen of the Republic of Armenia shall have the right to acquire citizenship of the Republic of Armenia.
Armenians by ethnicity shall have the right to acquire citizenship of the Republic of Armenia from the moment of establishing residence in the Republic Armenia.
Armenians by ethnicity shall acquire citizenship of the Republic of Armenia through a simplified procedure stipulated by law.
A citizen of the Republic of Armenia may not be deprived of citizenship. A citizen of the Republic of Armenia may not be deprived of the right to change citizenship.
The procedure of exercising the rights stipulated by this Article, the other grounds of acquiring citizenship of the Republic of Armenia, and the grounds of termination shall be stipulated by law.
The rights stipulated by Paragraphs 2-4 and by the second sentence of Paragraph 5 of this Article may be restricted only by law with the aim of protecting state security, preventing or solving crimes, as well as protecting other public interests.
Citizens of the Republic of Armenia, while outside of the borders of the Republic of Armenia, shall be under the protection of the Republic of Armenia on the basis of international law.

Article 48. Right to Vote and Right to Participate in a Referendum

Citizens of the Republic of Armenia, which have attained the age of 18 on the day of an election to the National Assembly or on the day of a referendum, shall have the right to vote in such election and to take part in such referendum.
Anyone who has attained the age of 25, for the preceding four years has been a citizen of only the Republic of Armenia, has permanently resided in the Republic of Armenia for the preceding four years, has voting right, and has a command of the Armenian language may be elected as a member of the National Assembly.
Citizens of the Republic of Armenia, which have attained the age of eighteen on the day of the election of local self-government bodies or of a local referendum, shall have the right to vote and to be elected in such election or the right to take part in such local referendum. The law may prescribe the right of persons not having citizenship of the Republic of Armenia to participate in elections of local self-government bodies and in a local referendum.
Persons declared as legally incapable by a court judgment that has entered into legal force, as well as persons convicted and serving a sentence, according a court judgment that has entered into legal force, for the intentional commission of a grave crime may not vote and be elected or take part in a referendum. Citizens convicted and serving a sentence, according to a court judgment that has entered into legal force, for other crimes shall also not have the right to be elected.

Article 49. The Right to Enter the Public Service

Every citizen shall have the right to enter the public service on an equal basis. Details shall be stipulated by law.

Article 50. The Right to Proper Administration

Everyone shall have the right to the impartial and fair examination by administrative authorities, within a reasonable period, of cases concerning him.
During the administrative procedure, everyone shall have the right to become acquainted with all the documents concerning him, save for secrets protected by law.
State and local self-government bodies and officials shall hear the person before adopting an individual interfering act regarding such person, except for cases stipulated by law.

Article 51. The Right to Receive Information

Everyone shall have the right to receive information on the activities of state and local self-government bodies and officials and to become acquainted with documents about such activities.
The right to receive information may be restricted only by law with the aim of protecting public interests or fundamental rights and freedoms of others.
The procedure of receiving information, as well as the grounds of liability of officials for concealing information or groundlessly refusing to provide information, shall be stipulated by law.

Article 52. The Right to Apply to the Human Rights Defender

Everyone shall have the right to receive the support of the Human Rights Defender, in case of violation of his rights and freedoms enshrined in the Constitution and laws by state and local self-government bodies and officials or, in cases provided by the Law on the Human Rights Defender, by organizations. Details shall be stipulated by law.

Article 53. The Right to Submit a Petition

Everyone shall have the right to submit, individually or in community with others, petitions to state and local self-government bodies and officials and to receive an appropriate reply within a reasonable period. Details shall be stipulated by law.

Article 54. The Right to Political Asylum

Everyone subject to political persecution shall have the right to seek political asylum in the Republic of Armenia. The procedure and conditions of granting political asylum shall be stipulated by law.

Article 55. The Prohibition of Deportation or Extradition

No one may be deported or extradited to a foreign state, if there is a real danger that such person may be subjected to the death penalty, torture, inhuman or degrading treatment or punishment in that country.
A citizen of the Republic of Armenia may not be extradited to a foreign state, except for cases prescribed by the international treaties ratified by the Republic of Armenia.

Article 56. The Right to Preserve National and Ethnic Identity

Everyone shall have the right to preserve his national and ethnic identity.
Persons belonging to national minorities shall have the right to preserve and develop their traditions, religion, language, and culture.
The exercise of the rights stipulated by this Article shall be regulated by law.

Article 57. The Freedom to Choose Employment and the Labor Rights

Everyone shall have the right to free choice of employment.
Every worker shall have the right to protection in case of groundless dismissal from employment. The grounds of dismissal from employment shall be stipulated by law.
It shall be prohibited to dismiss from employment due to reasons related to maternity. Every employed woman shall have the right to paid leave in case of pregnancy and child delivery. Every employed parent shall have the right to leave in case of child birth or child adoption. Details shall be stipulated by law.
It shall be prohibited to hire children under the age of 16 for full-time employment. The procedure and conditions of hiring them for part-time employment shall be stipulated by law.
Forced or compulsory labor shall be prohibited. The following shall not be considered forced or compulsory labor:
1. Work that is performed by a convicted person according to law;
2. Military service or alternative service; and
3. Any work that is required in case of emergency situations threatening the life or well-being of the population.

Article 58. The Right to a Strike

Workers shall have the right to strike for the protection of their economic, social, or labor interests. The procedure of conducting a strike shall be stipulated by law.
The right to a strike may be restricted only by law with the aim of protecting public interests or the fundamental rights and freedoms of others.

Article 59. The Freedom of Economic Activities and Guaranteeing Economic Competition

Everyone shall have the right to engage in economic, including entrepreneurial activities. The conditions and procedure of exercising this right shall be stipulated by law.
The restrictions of competition, the possible types of monopoly, and their permitted sizes may be stipulated only by law with the aim of protecting public interests.
Abuse of monopolistic or dominant position in the market, bad-faith competition, and anti-competitive agreements shall be prohibited.

Article 60. The Right to Property

Everyone shall have the right to own, use, and dispose at his discretion the lawfully-acquired property.
The right of inheritance shall be guaranteed.
The right to property may be restricted only by law with the aim of protecting the interests of the public or the fundamental rights and freedoms of others.
No one shall be deprived of property, except by court procedure in cases stipulated by law.
The expropriation of property for prevailing interests of the public shall be performed in exceptional cases stipulated by law and in the manner stipulated by law, and only with prior adequate compensation.
Foreign citizens and stateless persons shall not enjoy property right on land, except for cases stipulated by law.
Intellectual property shall be protected by law.
Everyone shall be obliged to pay taxes and duties stipulated in accordance with law and make other compulsory payments to the state or community budget.

Article 61. The Right to Judicial Protection and the Right to Apply to International Bodies of Human Rights Protection

Everyone shall have the right to effective judicial protection of his rights and freedoms.
Everyone shall, for the protection of his rights and freedoms, and in conformity with the international treaties of the Republic of Armenia, have the right to apply to international bodies of protection of human rights and freedoms.

Article 62. Right to Compensation for Damage

Everyone shall have the right to compensation for damage inflicted by the unlawful actions or inaction of state and local self-government bodies and officials, and in cases stipulated by law, also by lawful administration. The conditions and procedure of compensation for damage shall be stipulated by law.
If a person, who is convicted by a court judgment that has entered into legal force for committing a crime, has been acquitted on the ground that a new or newly-discovered circumstance proves that such conviction was unlawful, the person shall have the right to receive compensation in accordance with law, unless it is proven that the discovery of such circumstance back in time depended fully or partially on such person.

Article 63. The Right to a Fair Trial

Everyone shall have the right to a fair and public hearing of his case within a reasonable period by an independent and impartial court.
In the cases and manner stipulated by law, the court proceedings or a part thereof may be held in camera by a court decision with the aim of protecting the private life of the participants of proceedings, the interests of minors or the interests of justice, as well as state security, the public order, or morals.
The use of evidence obtained in violation of fundamental rights or evidence undermining the right to a fair trial shall be prohibited.

Article 64. The Right to Receive Legal Aid

Everyone shall have the right to receive legal aid. In cases stipulated by law, legal aid shall be provided at the expense of state funds.
With the aim of ensuring legal aid, the activities of a bar based on independence, self-governance, and equality of advocates shall be guaranteed. The status, rights, and obligations of advocates shall be stipulated by law.

Article 65. The Right to Be Exempted from the Duty to Testify

No one shall be obliged to testify about himself, his spouse, or his close relatives, if it can be reasonably presumed that it may subsequently be used against him or them. The law may stipulate other cases of exemption from the duty to testify.

Article 66. The Presumption of Innocence

A person accused of a crime shall be presumed innocent until his guilt is proven in the manner stipulated by law by a court judgment that has entered into legal force.

Article 67. The Right to Defend Oneself from Charges

Everyone charged with a crime shall have:

The right to be informed promptly, in a language which he understands and in detail, of the nature and cause of the charge.
The right to defend himself or to be defended through an advocate of his choosing;
The right to have adequate time and facilities to prepare his defense and to communicate with the advocate of his choosing.
The right to examine or to have examined the persons that testify against him, and right to have persons testifying in his favor to be summoned and examined on the same conditions as persons that testified against him;
The right to be assisted by a translator free of charge in case he does not have a command of Armenian.

Article 68. The Prohibition of Being Tried Twice

No one may be tried twice for the same act.
The provisions of Paragraph 1 of this Article shall not prevent the review of a case in accordance with law when new or newly-discovered circumstances are present, or when there were fundamental shortcomings in the case proceedings, which could have affected the outcome of the case.

Article 69. The Right of a Convicted Person to Appeal

Everyone convicted for committing a crime shall have the right to have the court judgment rendered in respect of him to be reviewed by a higher judicial instance based on the grounds and in the manner stipulated by law.

Article 70. The Right to Request a Pardon

Every convict shall have the right to request a pardon, including the right to request mitigation of the imposed sentence. Details shall be stipulated by law.

Article 71. The Principle of Guilt and the Principle of Proportionality of Punishment

The basis for punishing a person who committed a crime shall be his guilt.
The penalty stipulated by law, as well as the imposed penalty type and magnitude shall be proportionate to the committed act.

Article 72. The Principle of Legality in Defining Crimes and Imposing Penalties

No one shall be convicted for an action or inaction that was not a crime at the time of its commission. A penalty that is more severe than the one applicable at the time of committing the crime may not be imposed. A law that eliminates punishment for an act or mitigates the penalty shall apply retrospectively.

Article 73. The Retrospective Effect of Laws and Other Legal Acts

Laws and other legal acts that cause a person’s legal situation to deteriorate shall not have retrospective effect.
Laws and other legal acts improving a person’s legal situation shall have retrospective effect if such acts so prescribe.

Article 74. The Applicability of Fundamental Rights and Freedoms in Respect of Legal Persons

The fundamental rights and freedoms shall extend also to legal persons to the extent such rights and freedoms are by their essence applicable to them.

Article 75. Organizational Structures and Procedures for the Exercise of Fundamental Rights and Freedoms

When regulating fundamental rights and freedoms, laws shall define the organizational structures and procedures necessary for their effective exercise.

Article 76. Restrictions of Fundamental Rights and Freedoms in Emergency Situations or during Martial Law

In a state of emergency or during martial law, fundamental rights and freedoms of the human being and the citizen, with the exception of those stipulated by Articles 23–26, 28–30, 35–37, Paragraph 1 of Article 38, Paragraph 1 of Article 41, Paragraph 1, the first sentence of Paragraph 5, and Paragraph 8 of Article 47, Article 52, Paragraph 2 of Article 55, Articles 56, 61, and 63–72 of the Constitution, may be temporarily suspended or subjected to additional restrictions in the manner stipulated by law to the extent required by the situation, subject to the international commitments undertaken with respect to derogations from commitments in emergency situations or during martial law.

Article 77. The Prohibition of Abuse of Fundamental Rights and Freedoms

It shall be prohibited to use fundamental rights and freedoms for the purpose of violently overthrowing the constitutional order or inciting national, racial, or religious hatred, or preaching violence or war.

Article 78. The Principle of Proportionality

The means chosen for restricting fundamental rights and freedoms shall be suitable and necessary for the achievement of the aim stipulated by the Constitution. The means chosen for the restriction shall be commensurate to the significance of the fundamental right and freedom being restricted.

Article 79. The Principle of Certainty

When restricting fundamental rights and freedoms, the laws shall define the grounds and scope of such restrictions and be sufficiently certain for the holders and addressees of such rights and freedoms to be able to engage in appropriate conduct.

Article 80. Inviolability of the Essence of Provisions on Fundamental Rights and Freedoms

The essence of provisions on fundamental rights and freedoms enshrined in this Chapter shall be inviolable.

Article 81. Fundamental Rights and Freedoms and the International Legal Practice

The practice of bodies operating on the basis of international human rights treaties, which have been ratified by the Republic of Armenia, shall be taken into account when interpreting the provisions of the Constitution on fundamental rights and freedoms.
The restrictions of fundamental rights and freedoms may not exceed the restrictions stipulated by the international treaties of the Republic of Armenia.