Constitution

5. FUNDAMENTAL RIGHTS AND FREEDOMS OF THE HUMAN BEING AND THE CITIZEN (Part 2)

Article 40. Freedom of Thought, Conscience, and Religion

1. Everyone shall have the right to 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 belief in preaching, church ceremonies, other rituals of worship or in other forms.

2. The expression of 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.

3. Every citizen for whom military service contradicts his religion or beliefs shall have the right to replace it with alternative service in the procedure prescribed by law.

4. Religious organizations shall have equal rights and shall enjoy autonomy. The procedure of creation and operation of religious organizations shall be prescribed by law.

Article 41. Freedom of Expression of Opinion

1. 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.

2.The freedom of the press, radio, television and other means of information shall be guaranteed. Diversity of informational, educational, cultural, and entertainment programs, as well as expression of the views of society shall be guaranteed in public radio and television.

3. Freedom of expression of opinion may be restricted only by law with the aim of protecting state security, the public order, health and morals, honor and reputation of others, as well as other fundamental rights and freedoms.

Article 42. Freedom of Creation and Teaching

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

Article 43. Freedom of Assembly

1.Everyone shall have the right to organize and participate in peaceful assemblies.

2. In cases prescribed by law, outdoor assemblies shall be conducted on the basis of prior notification made within a reasonable period.

3. Restrictions on the exercise of the right prescribed by this article by servicemen of the armed forces, the police, national security agencies, the prosecution office and the investigation bodies, as well as for judges may be prescribed only by law.

4. The freedom of assembly may be restricted only by law with the aim of protecting state security and the public order, preventing crime, protecting health and morals, and protecting the fundamental rights and freedoms of others.

Article 44. Freedom of Association

1. Everyone shall have the right to 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.

2. The procedure of establishment and activities of associations shall be prescribed by law.

3. The freedom of associations may be restricted only by law with the aim of protecting state security, the public order, health and morals, the fundamental rights and freedoms of others.

4. The activities of associations may be suspended or prohibited only by a court decision in cases and in the procedure prescribed by law.

Article 45. Right to Create a Party and Join a Party

1. Every citizen shall have the right to create a party with other citizens and the right to join a party. No one shall be compelled to join any party.

2. Judges, prosecutors and investigators may not be members of a party. The right to create or join a party may be restricted by law for persons serving in the armed forces, national security, the police and other militarized bodies.

3. Parties shall publish annual reports on the sources of their means and expenditures, as well as on their property, the control over which shall be performed by a competent state authority in the procedure prescribed by law.

4. 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 the decision of the Constitutional Court. In cases prescribed by law, the activities of a party may be suspended by a decision of the Constitutional Court.

Article 46. Right of Citizenship of the Republic of Armenia

1. A child born to citizens of the Republic of Armenia shall be a citizen of the Republic of Armenia.

2. Every child whose one parent is a citizen of the Republic of Armenia shall have the right to citizenship of the Republic of Armenia. Armenians by ethnicity shall acquire citizenship of the Republic of Armenia through a simplified procedure. Armenians by ethnicity shall have the right to citizenship of the Republic of Armenia from the moment of establishing residence in the territory of the Republic Armenia. The procedure of exercising the rights prescribed in this paragraph and the other grounds of acquiring citizenship of the Republic of Armenia shall be prescribed by law.

3. A citizen of the Republic of Armenia may not be deprived of citizenship.

4. The grounds and the procedure of restoring and terminating citizenship of the Republic of Armenia shall be prescribed by law.

5. Citizens of the Republic of Armenia, while outside of the Republic of Armenia, shall be under the protection of the Republic of Armenia on the basis of international law.

Article 47. Right to Vote and Right to Participate in a Referendum

1. Citizens of the Republic of Armenia, which have reached 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 or to take part in such referendum.

2. Anyone who has attained the age of 25, for the preceding five years has been a citizen of the Republic of Armenia only, has permanently resided in the Republic for the preceding five years, has voting right and has a command of the state language may be elected as a member of the National Assembly.

3. Citizens of the Republic of Armenia and foreign citizens and stateless persons, who have attained the age of eighteen by the day of the election or local referendum and permanently reside in the respective community, shall have the right to vote and to be elected in elections of local self-government bodies or the right to take part in a local referendum.

4. Persons declared by court as legally incapable, as well as persons convicted and serving sentence for the intentional commission of a grave crime by a court judgment that has entered into legal force may not vote or be elected or take part in a referendum.

Article 48. Right to Join the Public Service

1. Every citizen shall have the right to assume an office in public service prescribed by law in accordance with his skills and professional preparedness on the basis of competition. Details shall be prescribed by law.

2. Public servants shall serve the whole people. They shall carry out their obligations impartially and in a politically-neutral manner, acting solely on the basis of professional considerations. prescribed

Article 49. Right to Proper Administration

1. Everyone shall have the right to the impartial and fair examination, within a reasonable period, of cases concerning him by administrative authorities.

2. The right to proper administration shall, in particular, include the right of a person to become acquainted with the documents about him, whilst preserving the lawful interests of secrecy and the secrets protected by law. This right obligates state and local self-government bodies and officials in cases and in the procedure prescribed by law to hear the person before adopting an individual interfering act concerning such person and to substantiate the adopted act.

Article 50. Right of Access to Information

Everyone shall have the right to access information on the activities of state and local self- government bodies and officials, including the right to become acquainted with documents, unless it contradicts the prevailing public interests. The procedure and conditions of obtaining information, as well as the grounds of liability of officials for concealing information or refusing to provide information without any legal ground, shall be prescribed by law.

Article 51. 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 law, by other organizations. Details shall be prescribed by law.

Article 52. Right to Submit Petitions

Everyone shall have the right to individually or in community with others submit petitions to state and local self-government bodies and officials and to receive an appropriate answer within a reasonable period. Details related to individual and collective petitions shall be regulated by laws.

Article 53. Right to Political Asylum; Prohibition of Deportation or Extradition

1. Persons under political persecution shall have the right to receive asylum in the Republic of Armenia. The procedure and conditions of granting asylum shall be prescribed by law.

2. No one may be deported or extradited to a foreign state, if there is a serious danger in case of deportation or extradition that such person may be subjected to the death penalty, torture, as well as to other inhuman or degrading treatment or punishment.

3. A citizen of the Republic of Armenia may not be extradited to a foreign state, except for cases provided by the international treaties ratified by the Republic of Armenia.

Article 54. Protection of the Right to a National and Ethnic Identity

1. Everyone shall have the right to preserve his national and ethnic identity.

2. Persons belonging to national minorities shall have the right to preserve and develop their traditions, religion, language, and culture.

3. The exercise of the rights guaranteed in this Article shall be regulated by law.

Article 55. Freedom to Choose Employment; Other Labor Rights; the Prohibition of Forced Labor

1. Everyone shall have the right to free choice of employment.

2. Every worker shall have the right of protection against arbitrary dismissal from employment. The grounds of dismissal from employment shall be prescribed by law.

3. It shall be prohibited to dismiss from employment due to reasons related to maternity. In case of pregnancy and child delivery, every employed woman shall have the right to paid leave. Every employed parent shall have the right to leave in case of a newborn child or child adoption.

4. It shall be prohibited to hire children under the age of 16 for full-time employment. The procedure and conditions of their hiring for part-time employment shall be prescribed by law.

5. Forced or compulsory labor shall be prohibited. The following shall not be considered forced or compulsory labor:

1) work imposed by law on a person convicted for a crime;

2) military service or alternative service; and

3) any work that required in case of an emergency threatening the life or wellbeing of the population.

Article 56. Right to a Strike

1. For the protection of their economic, social, and labor interests, workers shall have the right to a strike. The procedure of exercising a strike shall be prescribed by law.

2. The right to a strike may be restricted only by law with the aim of protecting of public interests or fundamental rights and freedoms of others.

Article 57. Freedom of Economic Activities and the Guaranteeing of Economic Competition

1. Everyone shall have the right to engage in economic, including entrepreneurial activities. The conditions and procedure of exercising this right shall be prescribed by law.

2. Abuse of monopolistic or dominant position in the market and bad-faith competition shall be prohibited.

3. Restriction of competition, possible types of monopoly, and their permitted sizes may be prescribed only by law with the aim of protecting public interests.

Article 58. Right to Property and Right to Bequeath Property; Tax Obligations

1. Everyone shall have the right to own, use, and dispose at his discretion the legally-acquired property.

2. The right of inheritance shall be guaranteed.

3. The exercise of the right to property of a person may be restricted only by law with the aim of protecting the interests of the public and the fundamental rights and freedoms of others.

4. No one shall be deprived of his ownership, except for cases prescribed by law. The cases and procedure of prior judicial control of deprivation of ownership shall be prescribed by law.

5. Expropriation of property for prevailing public interests shall be performed only in exceptional cases and in the procedure prescribed by law, and only with prior adequate compensation.

6. Foreign citizens and stateless persons shall not enjoy the right to land ownership, except for cases prescribed by law.

7. Intellectual property shall be protected by law.

8. Everyone shall be obliged to pay taxes and duties and make other compulsory payments to the state or community budget in the procedure and the amount prescribed by law.

Article 59. Right to Judicial Protection; Right to Apply to International Bodies of Human Rights Protection

1. Everyone shall have the right to effective judicial protection of his rights and freedoms enshrined in the Constitution and the laws.

2. Everyone shall, 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 in order to protect his rights and freedoms.