Slovakia 1992 Constitution (reviewed 2017)

CHAPTER TWO. Basic rights and freedoms

Part One. General Provisions

Article 11

Repealed.

Article 12

1. People are free and equal in dignity and in rights. Basic rights and freedoms are inviolable, inalienable, imprescriptible, and indefeasible.
2. Basic rights and freedoms on the territory of the Slovak Republic are guaranteed to everyone regardless of sex, race, color of skin, language, faith and religion, political, or other thoughts, national or social origin, affiliation to a nation, or ethnic group, property, descent, or any other status. No one may be harmed, preferred, or discriminated against on these grounds.
3. Everyone has the right to freely decide on his nationality. Any influence on this decision and any form of pressure aimed at suppressing of anyone’s nationality are forbidden.
4. No one may be harmed in his rights for exercising of his basic rights and freedoms.

Article 13

1. Duties may be imposed
   1. by law or on the basis of a law, within its limits, and while complying with basic rights and freedoms,
   2. by international treaty pursuant to Article 7, paragraph 4 which directly establishes rights and obligations of natural persons or legal persons, or
   3. by government ordinance pursuant to Article 120, paragraph 2.
2. Limits to basic rights and freedoms may be set only by law under conditions laid down in this Constitution.
3. Legal restrictions of basic rights and freedoms must apply equally to all cases which meet prescribed conditions.
4. When restricting basic rights and freedoms, attention must be paid to their essence and meaning.These restrictions may only be used for the prescribed purpose.

Part Two. Basic Human Rights and Freedoms

Article 14

Everyone can have rights.

Article 15

1. Everyone has the right to life. Human life is worthy of protection already before birth.
2. No one may be deprived of life.
3. Capital punishment is not permitted.
4. It is not a violation of rights under this article, if someone is deprived of life as a result of an action that is not deemed criminal under the law.

Article 16

1. The inviolability of the person and its privacy is guaranteed. It may be limited only in cases laid down by law.
2. No one may be tortured, or subjected to cruel, inhuman, or humiliating treatment or punishment.

Article 17

1. Personal freedom is guaranteed.
2. No one may be prosecuted or deprived of freedom other than for reasons and in a manner which shall be laid down by law. No one may be deprived of freedom solely because of his inability to fulfil a contractual obligation.
3. A person accused or suspected of a criminal act may be detained only in the cases specified by the law. The detained person must be immediately informed of the reasons for detention, questioned and either freed or handed over for trial within 48 hours, in cases of criminal offences of terrorism within 96 hours. The judge must interrogate the detained person within 48 hours and in cases of particularly serious criminal acts within 72 hours, and must decide whether to detain or free the person.
4. An accused person may be arrested only on the basis of a written, substantiated order of a judge. The arrested person must be handed over to the court within 24 hours. The judge must question the arrested person and decide on his custody or release within 48 hours and in particularly serious crimes within 72 hours from the hand over.
5. A person may be taken into custody only for reasons and for a period laid down by law and on the basis of a court ruling.
6. The law shall lay down in which cases a person can be admitted to, or kept in, institutional health care without his consent. Such a measure must be reported within 24 hours to the court which will then decide on this placement within five days.
7. The mental state of a person accused of a criminal act may be examined only on the basis of a written court order.

Article 18

1. No one may be subjected to forced labor, or services.
2. The provision of paragraph 1 does not apply to
   1. work assigned according to law to persons serving a prison sentence or persons serving other sentence substituting a prison sentence,
   2. military service or other service laid down by law in lieu of compulsory military service,
   3. services required on the basis of the law in the event of natural disasters, accidents, or other dangers posing a threat to life, health, or property of great value,
   4. activities prescribed by law to protect life, health, or the rights of others,
   5. small community services on the basis of the law.

Article 19

1. Everyone has the right to the preservation of human dignity, personal honor, reputation and the protection of good name.
2. Everyone has the right to protection against unauthorized interference in private and family life.
3. Everyone has the right to protection against unauthorized collection, publication, or other misuse of personal data.

Article 20

1. Everyone has the right to own property. The ownership right of all owners has the same legal content and protection. Property acquired in any way which is contrary to the legal order shall not enjoy such protection.
2. The law shall lay down which property, other than property specified in Article 4 of this Constitution, necessary to ensure the needs of society, national food self-sufficiency, the development of the national economy and public interest, may be owned only by the state, municipality, or designated individuals or legal persons. The law may also lay down that certain things may be owned only by citizens or legal persons resident in the Slovak Republic.
3. Ownership is binding. It may not be misused to the detriment of the rights of others, or in contravention with general interests protected by law. The exercising of the ownership right may not harm human health, nature, cultural monuments and the environment beyond limits laid down by law.
4. Expropriation or enforced restriction of the ownership right is possible only to the necessary extent and in the public interest, on the basis of law and for adequate compensation.
5. Other interference with property rights may be permitted only in the case of property acquired in an illegal manner or from illegal earnings, and if it is necessary in a democratic society in the interests of national security, preservation of public order, good morals or the rights and freedoms of others. Conditions shall be stipulated by law.

Article 21

1. A person’s home is inviolable. It may not be entered without the resident’s consent.
2. A house search is admissible only in connection with criminal proceedings and only on the basis of a written, substantiated order of the judge. The method of carrying out a house search shall be laid down by law.
3. Other infringements upon the inviolability of one’s home may be permitted by law only if it is necessary in a democratic society in order to protect people’s lives, health, or property, to protect the rights and freedoms of others, or to prevent a serious threat to public order. If the home is used also for business, or to perform other economic activity, such infringements may be permitted by law also when this is necessary in the discharge of the tasks of public administration.

Article 22

1. The privacy of letters and secrecy of mailed messages and other written documents and the protection of personal data is guaranteed.
2. No one may violate the privacy of letters and the secrecy of other written documents and records, whether they are kept in privacy, or sent by mail or in any other way, with the exception of cases which shall be laid down by law. Equally guaranteed is the secrecy of messages conveyed by telephone, telegraph, or other similar means.

Article 23

1. Freedom of movement and right of abode are guaranteed.
2. Everyone who is rightfully staying on the territory of the Slovak Republic has the right to freely leave this territory.
3. Freedoms under paragraphs 1 and 2 may be restricted by law, if it is necessary for the security of the state, to maintain public order, protect the health and the rights and freedoms of others, and, in designated areas, also in the interest of environmental protection.
4. Every citizen has the right to freely enter the territory of the Slovak Republic. A citizen may not be forced to leave the homeland and may not be deported.
5. A foreign national may be deported only in cases laid down by law.

Article 24

1. The freedoms of thought, conscience, religious creed and faith are guaranteed. This right also encompasses the possibility to change one’s religious creed, or faith. Everyone has the right to be without religious creed. Everyone has the right to publicly express his thoughts. religious creed. Everyone has the right to publicly express his thoughts.
2. Everyone has the right to freely express religion, or faith alone or together with others, privately or publicly, by means of religious services, religious acts, by observing religious rites, or to participate in the teachings thereof.
3. Churches and religious communities administer their own affairs, in particular, they constitute their own bodies, appoint their clergymen, organize the teaching of religion, and establish religious orders and other church institutions independently of state bodies.
4. Conditions for exercising of rights under paragraphs 1 to 3 may be limited only by law, if such a measure is necessary in a democratic society to protect public order, health, morals, or the rights and freedoms of others.

Article 25

1. The defense of the Slovak Republic is a duty and a matter of honor for citizens. The law shall lay down the scope of the compulsory military service.
2. No one may be forced to perform military service if it is against his conscience or religious creed.Details will be laid down by law.

Part Three. Political Rights

Article 26

1. The freedom of speech and the right to information are guaranteed.
2. Everyone has the right to express his views in word, writing, print, picture, or other means as well as the right to freely seek out, receive, and spread ideas and information without regard for state borders.The issuing of press is not subject to approval procedures. Enterprise in the fields of radio and television may be subject to the awarding of an approval from the state. The conditions shall be laid down by law.
3. Censorship is banned.
4. The freedom of speech and the right to seek out and disseminate information may be restricted by law, if such a measure is necessary in a democratic society to protect the rights and freedoms of others, state security, public order, or public health and morals.
5. Public authority bodies are obliged to provide information on their activities in an appropriate manner and in the state language. The conditions and manner of execution shall be laid down by law.

Article 27

1. The right of petition is guaranteed. Everyone has the right, alone or with others, to address requests, proposals, and complaints to state bodies and territorial self-administration bodies in matters of public or other common interest.
2. A petition may not call for the violation of basic rights and freedoms.
3. A petition must not interfere with the independence of a court.

Article 28

1. The right to peaceful assemble is guaranteed.
2. Conditions for exercising this right shall be laid down by law in the event of assemblies in public places, if such a measure is necessary in a democratic society to protect the rights and freedoms of others, public order, health and morals, property, or the security of the state. An assembly may not be made conditional on the issuance of an authorization by a state administration body.

Article 29

1. The right to freely associate is guaranteed. Everyone has the right to associate with others in clubs, societies, or other associations.
2. Citizens have the right to establish political parties and political movements and to associate in them.
3. The exercising of rights under paragraphs 1 and 2 may be restricted only in cases laid down by law, if it is necessary in a democratic society for reasons of state security, to protect public order, to prevent criminal acts, or to protect the rights and freedoms of others.
4. Political parties and political movements, as well as clubs, societies, or other associations are separated from the state.

Article 30

1. Citizens have the right to participate in the administration of public affairs either directly or through the free election of their representatives. Foreigners with a permanent residence on the territory of the Slovak Republic have the right to vote and be elected in the self-administration bodies of municipalities and self-administration bodies of superior territorial units.
2. Elections must be held within deadlines not exceeding the regular electoral period as laid down by law.
3. The right to vote is universal, equal, and direct and is exercised by means of secret ballot. Conditions for exercising the right to vote shall be laid down by law.
4. Citizens have access to elected and other public posts under equal conditions.

Article 31

The legal regulation of all political rights and freedoms and their interpretation and use must enable and protect a free competition of political forces in a democratic society.

Article 32

Citizens have the right to put up resistance against anyone who would eliminate the democratic order of basic human rights and freedoms listed in this Constitution, if the activity of constitutional bodies and the effective use of legal means are rendered impossible.

Part Four. The Rights of National Minorities and Ethnic Groups

Article 33

Membership in any national minority, or ethnic group, must not be to anyone’s detriment.

Article 34

1. The comprehensive development of citizens belonging to national minorities or ethnic groups in the Slovak Republic is guaranteed, particularly the right to develop their own culture together with other members of the minority or ethnic group, the right to disseminate and receive information in their mother tongue, the right to associate in national minority associations, and the right to establish and maintain educational and cultural institutions. Details shall be laid down by law.
2. In addition to the right to master the state language, citizens belonging to national minorities, or ethnic groups, also have, under conditions defined by law, a guaranteed
   1. right to education in their own language,
   2. right to use their language in official communications,
   3. right to participate in the decisions on affairs concerning national minorities and ethnic groups.
3. The exercise of the rights of citizens belonging to national minorities and ethnic groups that are guaranteed in this Constitution may not lead to jeopardizing of the sovereignty and territorial integrity of the Slovak Republic, and to discrimination against its other inhabitants.

Part Five. Economic, social, and cultural rights

Article 35

1. Everyone has the right to a free choice of profession and to training for it, as well as the right to engage in entrepreneurial or other gainful activity.
2. Conditions and restrictions with regard to the execution of certain professions or activities may be laid down by law.
3. Citizens have the right to work. The state shall materially and to an appropriate extent provide for citizens who are unable to exercise this right through no fault of their own. The conditions shall be laid down by law.
4. A different regulation of rights listed under paragraphs 1 to 3 may be laid down by law for foreign nationals.

Article 36

Employees have the right to just and satisfying working conditions. The law guarantees, above all

1. the right to remuneration for work done, sufficient to ensure them a dignified standard of living,
2. protection against arbitrary dismissal and discrimination at the work place,
3. labor safety and the protection of health at work,
4. the longest admissible working time,
5. adequate rest after work,
6. the shortest admissible period of paid leave,
7. the right to collective bargaining.

Article 37

1. Everyone has the right to freely associate with others in order to protect his economic and social interests.
2. Trade union organizations are established independently of the state. It is inadmissible to limit the number of trade union organizations, as well as to give some of them a preferential status in an enterprise or a branch of the economy.
3. The activity of trade union organizations and the founding and operation of other associations protecting economic and social interests can be restricted by law, if such measure is necessary in a democratic society to protect the security of the state, public order, or the rights and freedoms of others.
4. The right to strike is guaranteed. The conditions shall be laid down by law. Judges, prosecutors, members of the armed forces and armed corps, and members and employees of the fire and rescue brigades do not have this right.

Article 38

1. Women, minors, and persons with impaired health are entitled to an enhanced protection of their health at work, as well as to special working conditions.
2. Minors and persons with impaired health are entitled to special protection in labor relations as well as to assistance in professional training.
3. Details concerning rights listed in paragraphs 1 and 2 shall be laid down by law.

Article 39

1. Citizens have the right to adequate material provision in old age, in the event of work disability, as well as after losing their provider.
2. Everyone who is in material need is entitled to assistance necessary to ensure basic living conditions.
3. Details concerning rights listed in paragraphs 1 and 2 shall be laid down by law.

Article 40

Everyone has a right to the protection of health. Based on public insurance, citizens have the right to free health care and to medical supplies under conditions which shall be laid down by law.

Article 41

1. Marriage is a unique union between a man and a woman. The Slovak Republic comprehensively protects and cherishes marriage for its own good.
2. Special care, protection in labor relations, and adequate working conditions are guaranteed to a woman during the period of pregnancy.
3. Children born in and out of wedlock enjoy equal rights.
4. Child care and upbringing are the rights of parents; children have the right to parental care and upbringing. Parents’ rights can be restricted and minors can be separated from their parents against their will only by a court ruling on the basis of law.
5. Parents caring for children are entitled to assistance from the state.
6. Details concerning rights under paragraphs 1 to 5 shall be laid down by law.

Article 42

1. Everyone has the right to education. School attendance is compulsory. Its period and age limit shall be laid down by law.
2. Citizens have the right to free education at primary and secondary schools and, depending on their abilities and society’s resources, also at higher educational establishments.
3. Schools other than state schools may be established, and teaching in them provided, only under conditions laid down by law; education in such schools may be provided for a payment.
4. A law shall lay down conditions under which citizens are entitled to assistance from the state in their studies.

Article 43

1. Freedom of scientific research and in art is guaranteed. The rights to the results of creative intellectual activity are protected by law.
2. The right of access to the cultural heritage is guaranteed under conditions laid down by law.

Part Six. The Right to the Protection of the Environment and the Cultural Heritage

Article 44

1. Everyone has the right to a favorable environment.
2. Everyone is obliged to protect and enhance the environment and the cultural heritage.
3. No one may endanger, or damage the environment, natural resources, and the cultural heritage beyond the extent laid down by law.
4. The state looks after a cautious use of natural resources, protection of agricultural and forest land, ecological balance, and effective environmental care, and provides for the protection of specified species of wild plants and animals.
5. Agricultural and forest land are non-renewable natural resources and enjoy special protection by the state and society.
6. The details of the rights and obligations according to paragraphs 1 to 5 shall be laid down by law.

Article 45

Everyone has the right to timely and complete information about the state of the environment and about the causes and consequences of its condition.

Part Seven. The right to judicial and other legal protection

Article 46

1. Everyone may claim his right in a manner laid down by law in an independent and impartial court and, in cases laid down by law, at another body of the Slovak Republic.
2. Anyone who claims to have been deprived of his rights by a decision of a public administration body may turn to the court to have the lawfulness of such decision reexamined, unless laid down otherwise by law. The reexamination of decisions concerning basic rights and freedoms may not, however, be excluded from the court’s authority.
3. Everyone is entitled to compensation for damage incurred as a result of an unlawful decision by a court, or another state or public administration body, or as a result of an incorrect official procedure.
4. Conditions and details concerning judicial and other legal protection shall be laid down by law.

Article 47

1. Everyone has the right to refuse to testify if, by doing so, he might bring on the risk of criminal prosecution of himself or a close person.
2. Everyone has the right to legal assistance in court proceedings, or proceedings before other state or public administration bodies from the start of the proceedings, under conditions laid down by law.
3. All participants are equal in proceedings according to paragraph 2.
4. Anyone who declares that he does not have a command of the language in which the proceedings under paragraph 2 are conducted has the right to an interpreter.

Article 48

1. No one must be removed from his assigned judge. The jurisdiction of the court shall be laid down by law.
2. Everyone has the right to have his case tried in public, without undue delay, and in his presence and to deliver his opinion on all pieces of evidence. The public can be excluded only in cases laid down by law.

Article 49

Only the law shall lay down which conduct constitutes a criminal act, and what punishment, or other forms of deprivation of rights, or property, may be imposed for its commitment.

Article 50

1. Only the court decides on guilt and punishment for criminal acts.
2. Everyone against whom a criminal proceeding is conducted is considered innocent until the court establishes his guilt by a legally valid verdict.
3. The accused has the right to be granted the time and opportunity to prepare his defense, and to defend himself either alone or through a defense counsel.
4. The accused has the right to refuse to testify; this right may not be denied in any way.
5. No one may be criminally prosecuted for an act for which he has already been sentenced, or of which he has already been acquitted. This principle does not rule out the application of extraordinary remedies in compliance with the law.
6. Whether any act is criminal is assessed, and punishment is determined, in accordance with the law valid at the time when the act was committed. A more recent law is applied, if it is more favorable for the perpetrator.

Part Eight. Common provisions for chapters one and two

Article 51

1. The rights listed under Article 35, Article 36, Article 37, paragraph 4, Articles 38 to 42, and Articles 44 to 46 of this Constitution can be claimed only within the limits of the laws that execute those provisions.
2. The conditions and scope of limitations of the basic rights and freedoms during war, under the state of war, martial state and state of emergency shall be laid down by the constitutional law.

Article 52

1. Wherever the term “citizen” is used in Chapters One and Two of this Constitution, this is understood to mean a citizen of the Slovak Republic.
2. Foreign nationals enjoy in the Slovak Republic basic human rights and freedoms guaranteed by this Constitution, unless these are expressly granted only to citizens.
3. Wherever the term “citizen” is used in previous legal regulations, this is understood to mean every person, wherever this concerns the rights and freedoms that this Constitution extends regardless of citizenship.

Article 53

The Slovak Republic grants asylum to foreign nationals persecuted for upholding political rights and freedoms. Asylum may be denied to those who acted in violation of basic human rights and freedoms.

Details shall be laid down by law.

Article 54

The law may restrict the right of judges and prosecutors to engage in entrepreneurial and other business activity and the right listed under Article 29, paragraph 2; the right of employees of state administration bodies and territorial self-administration bodies in designated functions listed also under Article 37, paragraph 4; and the rights of members of armed forces and armed corps listed also under Articles 27 and 28, if these are related to the execution of their duties. The law may restrict the right to strike for persons in professions that are vital for the protection of life and health.