Constitution

3)  the reproductive cloning of human beings.

3. No one shall be subjected to scientific, medical and other experiments without his freely and unambiguously expressed consent. A person shall be in prior informed about potential consequences of such experiments.

 

Article 25. Prohibition of Torture and Inhuman or Degrading Treatment or Punishment

1. No one shall be subjected to torture and to inhuman or degrading treatment or punishment.

2. Corporal punishments shall be prohibited.

3. Persons deprived of liberty shall have the right to humane treatment.

 

Article 26. Personal Liberty

1. Everyone shall have the right to personal liberty. No one may be deprived of personal liberty except in the following cases and in the procedure prescribed by law:

1) a person has been convicted by a competent court for committing a crime;

2) a person has failed to carry out a lawful court order;

3) for the purpose of securing the fulfillment of certain obligations prescribed by law;

4) for presenting the person before a competent authority when there exists a reasonable suspicion that the person has committed an offence, or when it is reasonably necessary with  the aim of preventing the commission of an offence by such person or preventing his fleeing after having done so;

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, or when the person has a mental disorder or is a drug addict or alcoholic;

7) for the purpose of preventing unauthorized entry of a person into the Republic of Armenia, or for deporting a person or extraditing a person to another state.

2. Everyone deprived of 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 liberty shall have the right to immediately notify a person of his choosing about it.

3. If an arrested person is not detained by court decision within 72 hours of the moment of arrest, then he shall be released immediately.

4. Everyone who is deprived of liberty because of arrest or detention shall have the right to challenge the lawfulness of depriving him of liberty, about which the court shall  render  a decision in a short time and shall order his release if the deprivation of liberty is unlawful.

5. A person may not be deprived of liberty only for the reason of being unable to fulfill his contractual obligations.

6. A person deprived of liberty in breach of this Article shall have the right, on the grounds and in the procedure provided by law, to compensation for inflicted damage.

 

Article 27. General Equality before the Law

Everyone shall be equal before the law.

 

Article 28. Equality of Rights between Women and Men

Women and men shall have equal rights.

 

Article 29. 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. Inviolability of Private and Family Life and of Honor and Reputation

1. Everyone shall have the right to inviolability of his private and family life and of honor and reputation.

2. The right to inviolability of private and family life may be restricted only by law with the aim of preventing or solving crimes, or protecting the economic wellbeing of the country, state security, the public order, health and morals, and the fundamental rights and freedoms of others.

 

Article 31. Inviolability of the Home

1. Everyone shall have the right to inviolability of the home.

2. The inviolability of the home may be restricted only by law with the aim of preventing or solving crimes or preventing danger to human life, health, and property.

3. A home may be searched only by court decision in the cases and the procedure prescribed by law.

 

Article 32. Freedom and Confidentiality of Communications

1. Everyone shall have the right to freedom and confidentiality of correspondence, telephone conversations and other means of communication.

2. The confidentiality of the communication may be restricted only by law for a certain period by court decision with the aim of preventing the commission of a crime or solving it, or preventing danger to the life, health and property of a person.

 

Article 33. Protection of Personal Data

1. Everyone shall have the right to protection of data concerning him.

2. Such data shall be processed fairly for purposes clearly prescribed by law, with consent of the person concerned or without such consent if another legitimate basis prescribed by law is present.

3. Everyone shall have the right to become acquainted with the data about him collected in state and local self-government bodies and the right to demand to correct any untruthful data about him, as well as to eliminate data about him that was unlawfully obtained or no longer has a legal foundation.

4. The right to become acquainted with personal data may be restricted only by law with the aim of preventing or solving crimes, protecting the state security and the fundamental rights and freedoms of others.

5. Details related to the protection of personal data shall be prescribed by law.

 

Article 34. Freedom of Marriage

1. Men and women of marriageable age shall have the right to marry and found a family by free expression of their will.

2. In marrying, during marriage, and in divorce, they shall enjoy equal rights.

3. Freedom of marriage may be restricted only by law with the aim of protecting the public interests. The marriageable age, and the procedure of marriage and divorce shall be prescribed by law.

 

Article 35. Rights and Obligations of Parents

1. Parents shall have the right and obligation to take care of the rearing, health, comprehensive and harmonious development and education of their children.

2.Deprivation or limitation of parental rights may be performed by court decision in the cases prescribed by law in case of significant danger to care and health of a child.

3.Adult capable persons are obliged to take care of their parents who are incapacitated and in need of. Details shall be prescribed by law.

 

Article 36. Rights of a Child

1. A child shall have the right to express his views freely, which shall be taken into consideration in matters concerning the child in accordance with his age and maturity.

2. In matters concerning the child, the interests of the child shall get primary attention.

3. Every child shall have the right to a regular personal relationship and direct contact with his parents, unless by a court decision it is contrary to the child’s interests. Details shall be prescribed by law.

4. Children left without parental care shall be under the protection and care of the state.

 

Article 37. Right to Education

1. Everyone shall have the right to education. The programs and duration of compulsory education shall be prescribed by law. The minimum duration of compulsory education shall be 12 years. Secondary education in state educational institutions is free of charge.

2. Everyone shall have the right to receive higher and other vocational education in state educational institutions on the basis of competition. The procedure and conditions of receiving higher and other vocational education free of charge shall be prescribed by law.

3.The institutions of higher education shall have the right to self-government, including academic and research freedom within the framework prescribed by law.

 

Article 38. Right of a Human Being to Act Freely

Human beings shall be free to do what does not violate the rights of others, does not contradict the Constitution and laws.

 

Article 39. Right to Freedom of Movement

1. Everyone legally present in the Republic Armenia shall have the right to freedom of movement and the right to choice of place of residence.

2. Everyone legally present in the Republic Armenia shall have the right to leave the Republic of Armenia.

3. 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.

4. The right to freedom of movement 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.