Republic of Moldova 1994 Constitution (reviewed 2016) - Page 3 of 8

Table of Contents

TITLE II. FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER I. GENERAL PROVISIONS

Article 15. Universality

All citizens of the Republic of Moldova shall enjoy the rights and freedoms granted to them by the Constitution and other laws and, are assigned the duties provided for thereby.

Article 16. Equality

The foremost duty of the State shall be the respect and protection of human person.
All citizens of the Republic of Moldova shall be equal before the law and public authorities, regardless of the race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, property or social origin.

Article 17. Citizenship of the Republic of Moldova

The citizenship of the Republic of Moldova shall be acquired, maintained or withdrawn under the conditions provided for by the organic law.
No one may be arbitrarily deprived of his/her citizenship or of the right to change the citizenship.

Article 18. Protection of the Republic of Moldova citizens

Citizens of the Republic of Moldova shall benefit by the State protection both within the country and abroad.
Citizens of the Republic of Moldova may not be extradited or expelled from the country.

Article 19. Legal status of foreign citizens and stateless persons

Foreign citizens and stateless persons shall enjoy the similar rights and duties as the citizens of the Republic of Moldova, except for the terms under the law.
Foreign citizens and stateless persons may be extradited only in compliance with an international covenant, in terms of reciprocity or on the ground of a decision delivered by a law court.
The right to asylum shall be granted and withdrawn under the law and in compliance with the international treaties to which the Republic of Moldova is a party.

Article 20. Free access to justice

Any individual person shall be entitled to obtain effective reparation from the part of competent courts of law against actions infringing upon his/her legitimate rights, freedoms and interests.
No law may restrict the access to justice.

Article 21. Presumption of innocence

Any individual person indicted for having committed an offence shall be presumed innocent, until found guilty on legal grounds during a public trial in which all guarantees necessary for his/her defence have been brought forward.

Article 22. Non-retroactivity of the law

No one shall be sentenced for actions or drawbacks, which did not constitute an offence at the time they were committed. No punishment more severe than that applicable at the time when the offence was committed shall be imposed.

Article 23. Right of every person to be acknowledged on his/her rights and duties

Every one shall have the right to an acknowledged legal status.
The State shall ensure the right of everyone to be aware of his/her rights and duties. For this purpose, the State shall publish and make accessible all the laws and other normative acts.

CHAPTER II. FUNDAMENTAL RIGHTS AND FREEDOMS

Article 24. Right to life, to physical and mental integrity

The State shall guarantee to everyone the right to life, to physical and mental integrity.
No one shall be subject to torture or other cruel, inhuman or degrading punishments or treatments.
The capital punishment shall be abolished. No one shall be sentenced to such a penalty, nor executed.

Article 25. Individual freedom and security of person

Individual freedom and security of person shall be inviolable.
Search, detainment in custody or arrest of a person shall be allowed only in cases and pursuant to the procedure foreseen by the law.
The period of detention in custody may not exceed 72 hours.
Arrest shall be made under a warrant issued by a judge for a period of 30 days at the most. The arrested person may lodge a complaint with a hierarchically superior court of law on the legality of the warrant, under the terms of law. The term of detention may be extended, under the law, only by the judge or court of law to 12 months at the most.
The detained in custody or arrested person shall be informed without delay on the reasons of his/her detention or arrest, and notified of the charges against him/her, as soon as possible; the notification of the charges shall be made only in the presence of a lawyer, either chosen by the defendant or appointed ex officio.
The release of the detained or arrested person shall be mandatory, if the reasons of his/her detention or arrest have been eliminated.

Article 26. Right to defence

The right to defence shall be guaranteed.
Everyone shall be entitled to respond independently by appropriate legitimate means to an infringement of his/her rights and freedoms.
Throughout the trial the parties shall have the right to be assisted by a lawyer, either chosen or appointed ex officio.
Any interference with the activity of the persons carrying out the defence within legally established limits shall be punishable by law.

Article 27. Right of free movement

The right of free movement throughout the country shall be guaranteed.
Every citizen of the Republic of Moldova shall be guaranteed the right to settle his/her domicile or place of residence anywhere within the national territory, to travel abroad, to emigrate and to return to the country.

Article 28. Intimate, family and private life

The State shall respect and protect the intimate, family and private life.

Article 29. Inviolability of domicile

The domicile and place of residence shall be inviolable. No one may enter or remain within the premises of a person’s domicile or place of residence without his/her consent.
The law shall allow the derogation from the provisions of paragraph (1) under the following circumstances:
1. for carrying into effect of an arrest warrant or a court sentence;
2. for forestalling of an imminent danger threatening a person’s life, physical integrity and belongings;
3. for preventing the spreading of an epidemic disease.
Searches and investigations on the spot shall be ordered and carried out only under the terms of law.
House searches at night shall be forbidden except for the cases of a flagrant misdemeanour.

Article 30. Privacy of correspondence

The State shall ensure the privacy of letters, telegrams and other postal despatches, as well as of telephone calls and other legal means of communication.
The law shall allow the derogation from the provisions of paragraph (1) in cases the latter is required in the interests of national security, state economic welfare, public order and offence prevention.

Article 31. Freedom of conscience

The freedom of conscience shall be guaranteed and its manifestations should be in a spirit of tolerance and mutual respect.
The freedom of religious cults shall be guaranteed and they shall organize themselves and operate according to their own statutes under the rule of law.
In the relationships between the religious cults any manifestation of discord shall be forbidden.
The religious worships shall be autonomous, independent from the State and shall enjoy the latter’s support, including by facilitating the religious assistance in the army, hospitals, penitentiaries, nursing homes and orphanages.

Article 32. Freedom of opinion and expression

Every citizen shall be guaranteed the freedom of thought and opinion, as well as the freedom of expression in public by way of word, image or any other means possible.
The freedom of expression may not prejudice the honour, dignity or the right of the other person to hold his/her own viewpoint.
The law shall forbid and prosecute all actions aimed at denying and slandering of the State and people, the instigation to sedition, war of aggression, national, racial or religious hatred, the incitement to discrimination, territorial separatism, public violence, or other manifestations encroaching upon the constitutional regime.

Article 33. Freedom of creation

The freedom of the artistic and scientific creation shall be guaranteed. The creation whatsoever shall not be subject to censorship.
The right of citizens to intellectual property, their material and moral interests related to various types of intellectual creation shall be protected by law.
The State shall contribute to the preservation, development and propagation of national and world achievements in culture and science.

Article 34. Right of access to information

The right of a person to have access to any kind of information of public interest shall not be curtailed.
Public authorities, pursuant to their assigned competence, shall be compelled to ensure that citizens are correctly informed both on public affairs and issues of personal interest.
The right of access to information may not prejudice either the measures of citizens’ protection or the national security.
The state and private mass-media means shall be bound to provide the correct information to the public opinion.
The public mass-media means shall not be subject to censorship.

Article 35. Right to education

The right to education shall be put into effect by the compulsory comprehensive school system, lyceum education (secondary school) and vocational training, as well as the higher education system, and other forms of instruction and knowledge improvement.
The State shall ensure, under the law, the right of anyone to choose the language in which the teaching and training are to be performed.
The study of the official language shall be ensured within all types of educational institutions.
The state education system shall be free.
The educational institutions, including those not financed by the State, shall be set up and operate under the rule of law.
Higher education institutions shall enjoy the right to autonomy.
The state lyceum, vocational and higher education system shall be accessible to everyone on the basis of personal merits.
The State shall ascertain, under the law, the freedom of religious education. The State education system shall be of a lay nature.
The priority right to choose an appropriate field of instruction for the children lies with their parents.

Article 36. Right to health protection

The right to health protection shall be guaranteed.
The minimum health insurance provided by the State shall be free.
The structure of the national system of medical assistance and the necessary means aimed at protecting the individual physical and mental health shall be provided for by organic law.

Article 37. Right to a healthy environment

Every human being shall have the right to live in an ecologically safe and healthy environment, to consume healthy food products and to use harmless household appliances.
The State shall guarantee to anyone the right of free access and dissemination of the truthful information related to the environment state, living and working conditions, and the quality of food products and household appliances.
Concealment or forgery of the information regarding the factors detrimental to human health shall be prohibited by law.
Natural and legal entities shall be held liable for the damages caused to a person’s health and property due to ecological trespasses.

Article 38. Right to vote and right to stand for election

The people’s will shall constitute the basis of the State power. This will is expressed by free elections periodically conducted and based on universal, equal, direct, secret and freely expressed suffrage.
Except for the persons banned from voting by law, all citizens of the Republic of Moldova having attained the age of 18, including by the day of election, shall be entitled to vote.
The right to stand for election shall be guaranteed, under the law, to all citizens of the Republic of Moldova enjoying the right to vote.

Article 39. Right of administering

Citizens of the Republic of Moldova shall benefit by the right to take part in the administration of public affairs, either directly or through their representatives.
The access to a public office shall be guaranteed by law to any citizen of the Republic of Moldova.

Article 40. Freedom of assembly

Meetings, demonstrations, rallies, processions or any other assembly shall be free and may be organized and conducted only peacefully and without the use of any weapon whatsoever.

Article 41. Freedom of parties and other socio-political organisations

All citizens shall be free to associate in parties and other socio-political organizations. These organizations shall contribute to the definition and expression of the citizens’ political will and take part in the election process under the rule of law.
All parties and other socio-political organizations shall be equal before the law.
The State shall ensure the protection of the legitimate rights and interests of parties and other socio-political organizations.
Parties and other socio-political organizations, which by their objectives or activities, are engaged in fighting against political pluralism, the principles of the state governed by the rule of law, sovereignty, independence and territorial integrity of the Republic of Moldova shall be declared unconstitutional.
Secret associations shall be forbidden.
The activity of parties consisting of foreign nationals shall be forbidden.
The organic law shall lay down those public offices whose holders may not join political parties.

Article 42. Right to set up and join trade-unions

Any employee shall enjoy the right to set up and join trade-unions as to defend his/her interests.
Trade-unions shall be founded and conduct their activities pursuant to their statutes under the law. They shall contribute to the protection of the employees’ professional, economic and social interests.

Article 43. Right to work and labour protection

Every person shall benefit by the right to work, to freely choose his/her profession and workplace, and to equitable and satisfactory working conditions, as well as to the protection against unemployment.
All employees shall have the right to social protection of labour. The protecting measures shall bear upon the labour safety and hygiene, working conditions for women and young people, the introduction of a minimum wage per economy, week-ends and annual paid leave, as well as difficult working conditions and other specific situations.
The length of the working week shall not exceed 40 hours.
The right to hold labour bargaining and the binding nature of collective agreements shall be guaranteed.

Article 44. Prohibition of forced labour

Forced labour shall be prohibited.
It shall not be regarded as forced labour:
1. any service of military character or activities performed in lieu thereof by those who, under the law, are exempted from compulsory military service;
2. the work of a sentenced person, carried out under normal conditions, during detention or conditional release;
3. services such as required to deal with calamities or other dangers, as well as those which are part of normal civil obligations, as foreseen by law.

Article 45. Right to strike

The right to strike shall be acknowledged. Strikes may be unleashed only with the view of protection the employees’ professional interests of economic and social nature.
The law shall set forth conditions governing the exercise of the right to strike, as well as the responsibility for illegal unleash of the strikes.

Article 46. Right to private property and its protection

The right to possess private property and the debts incurred by the State shall be guaranteed.
No one may be expropriated unless for a matter of public utility, established, under the law, against a fair and previously determined compensation.
No assets legally acquired may be seized. The legal nature of the assets’ acquirement shall be presumed.
Goods intended for, used or resulted from misdemeanours or offences shall be seized only under the law.
The right to hold private property shall coerce to the observance of duties as regarding the environment protection and maintenance of good neighbourhood, as well as other tasks incumbent upon the owner, under the law.
The right to inherit private property shall be guaranteed.

Article 47. Right to social assistance and protection

The State shall be bound to take actions aimed at ensuring to every person and to his/her family a decent standard of living, health protection and welfare including food, clothing, shelter, medical care, and the necessary social services.
All citizens shall have the right to be socially secured in case of: unemployment, disease, disability, widowhood, old age or other cases of loss of the subsistence means, due to certain circumstances beyond their control.

Article 48. Family

The family shall represent the natural and fundamental factor of the society, and shall enjoy the State and society protection.
The family shall be founded on a freely consented marriage between a husband and wife, on their full equality in rights and the parents’ right and obligation to ensure their children’s upbringing, education and training.
The law shall lay down the conditions under which a marriage shall be concluded, terminated or annulled.
Children shall pledge to take care of their parents and support them in need.

Article 49. Protection of family and orphaned children

The State shall facilitate, by economic and other such actions, the formation of a family, and the fulfilment of its assigned obligations.
The State shall protect the motherhood, children and young people, by fostering the development of the required institutions.
All the concerns aimed at maintaining, upbringing and educating the orphaned children and those deprived of parental care shall be devolved to the State and society. The State shall promote and support the charitable activities for the benefit of these children.

Article 50. Protection of mothers, children and young people

Mothers and children shall benefit by special assistance and protection. All the children, including those born out of wedlock, shall enjoy the same social protection.
Children and young people shall enjoy a special form of assistance in the pursuit of their rights.
The State shall grant the necessary allowances for children and benefits required for the care of sick or disabled children. Other forms of social assistance for children and young people shall be provided for by law.
The exploitation of minors and their involvement in activities, which might be injurious to their health, moral conduct, or endanger their life or proper development shall be forbidden.
Public authorities shall be bound to secure appropriate conditions enabling young people to freely take part in the social, economic, cultural and sporting life of the country.

Article 51. Protection of disabled persons

The disabled persons shall enjoy special protection from the whole of society. The State shall ensure normal conditions for medical treatment and rehabilitation, education, training and social integration of disabled persons.
No one can be subdued to the forced medical treatment unless for the cases foreseen by law.

Article 52. Right to lodge petitions

All citizens shall be entitled to refer to public authorities by way of petitions formulated only on behalf of the signatories.
Legally established organizations shall have the right to lodge petitions exclusively on behalf of the bodies they represent.

Article 53. Right of the person prejudiced by a public authority

Any person prejudiced in any of his/her rights by a public authority through an administrative act or failure to solve a complaint within the legal term, shall be entitled to obtain the acknowledgement of the claimed right, cancellation of the act and payment of damages.
The State shall be under patrimonial liability, as foreseen by law, for any prejudice caused through errors committed in criminal suits by the investigation bodies and law courts.

Article 54. Restriction on the exercise of certain rights or freedoms

In the Republic of Moldova no law may be adopted which might curtail or restrict the fundamental rights and liberties of the person and citizen.
The pursuit of the rights and freedoms may not be subdued to other restrictions unless for those provided for by the law, which are in compliance with the unanimously recognized norms of the international law and are requested in such cases as: the defence of national security, territorial integrity, economic welfare of the State, public order, with the view to prevent the mass revolt and felonies, protect other persons’ rights, liberties and dignity, impede the disclosure of confidential information or guarantee the power and impartiality of justice.
The provisions under paragraph (2) shall not allow the restrictions of the rights sanctioned in Articles 20-24.
The restriction enforced must be proportional to the situation that caused it and may not affect the existence of that right or liberty.

CHAPTER III. FUNDAMENTAL DUTIES

Article 55. Exercise of rights and freedoms

Any person shall exercise his/her constitutional rights and freedoms in good faith, without any infringement of the rights and liberties of the others.

Article 56. Devotedness towards the country

Devotedness towards the country shall be sacred.
Citizens holding public offices, as well as military persons shall be held responsible for loyal fulfilment of the obligations they are bound to, and in cases foreseen by law, they shall take the oath as requested.

Article 57. Defence of the Motherland

The defence of the motherland shall represent a sacred right and duty of each citizen.
The military service shall be performed within the armed forces intended to national and borders defence, as well as to the maintenance of public order under the law.

Article 58. Financial contributions

Citizens shall be under the obligation to contribute, by duties and taxes, to public expenditures.
The legal taxation system must ensure a fair distribution of the tax burdens.
Any other dues shall be prohibited, save for those determined by law.

Article 59. Protection of the environment and monuments

The protection of environment and the preservation of historical and cultural monuments shall represent a duty ascribed to each citizen.