Azerbaijan 1995 Constitution (reviewed 2016) - Page 3 of 7

Table of Contents

Second part. Major rights, freedoms and responsibilities

Chapter III. Principal Human Rights and Civil Liberties

Article 24. Main Principles Concerning Human Rights and Civil Liberties

Human dignity is protected and respected.
Every citizen from birth enjoys inviolable, undeniable and inalienable rights and freedoms.
Rights and freedoms also include commitments to society and other individuals. Abuse of rights is not allowed.

Article 25. Right to Equality

Everyone is equal before the law and the court.
Men and women have equal rights and freedoms.
Everyone has equal rights and freedoms irrespective of race, ethnicity, religion, sex, origin, property status, social position, convictions, political party, trade union organization and social unity affiliation. Limitations or recognition of rights and freedoms because of race, ethnicity, social status, language, origin, convictions and religion are prohibited.
No one may be harmed, granted advantages or privileges, or deprived from granting advantages and privileges on the basis of the abovementioned grounds.
Everyone shall be guaranteed equal rights in any proceeding before state authorities and bearers of public authority that decide on his or her rights and duties.
Persons with impaired health are entitled to all rights and carry all duties vested by this Constitution, except in cases when enjoyment of rights and performance of duties is impeded on their limited abilities.

Article 26. Protection of Human rights and civil liberties

Everyone is authorized to defend his or her human rights and freedoms by accepted means.
The State ensures the protection of human rights and freedoms.

Article 27. Right to Life

Everyone has the right to life.
Every citizen’s right to life is inviolable with the exception of cases when as a result of the armed attack, an enemy soldier is killed, capital punishment is executed according to the court’s decision and other cases specified by law.
Capital punishment as an extreme measure of punishment is still in force and can be applied to an individual for committing a grave crime against the State and different persons.
Except in case of necessary defense, dire necessity, apprehension and detention of a criminal, prevention of an escape by a prisoner, prevention of a revolt or coup against the State, an armed attack against the country, the use of a weapon against a human is not permitted.

Article 28. Right to Freedom

Everybody has the right to freedom.
The right to freedom is only limited by detention, arrest or imprisonment by procedures specified by law.
Anyone who is legally in the territory of the Republic of Azerbaijan can freely move and choose a place of domicile for himself and to travel from the Republic of Azerbaijan.
A citizen of the Republic of Azerbaijan has the right to come back to his or her country unhampered.

Article 29. Right to Property

Everyone has the right to property.
No form or kind of property shall have any advantage. The property right, including the private property right, is protected by law.
Every individual may possess moveable and immoveable property. The property right consists of the owner’s right to possess, use and dispose of the property, individually or jointly.
No one is dispossessed without a decision of the court. Complete confiscation is inadmissible. The alienation of property for state needs is allowed only after a fair reimbursement of its value has been granted.
Private property shall entail social responsibility.
Land ownership may be restricted by law due to social justice and for efficient use of the land.
The State secures the right of succession.

Article 30. Right to Intellectual Property

Everyone has the right to intellectual property.
Copyright, the right of invention and other forms of intellectual property shall be guaranteed by the State.

Article 31. The Right to a Secure Life

Everyone has the right to a secure life.
With the exception of cases specified by law, infringement upon a person’s life, his or her physical and mental health, property, residence, the use of force against him or her is prohibited.

Article 32. Personal Inviolability

Everyone has the right to personal inviolability.
Everybody has the right to keep their family life secret or private. Except in cases specified by law, interference with a person’s private or family life is prohibited. Everyone has a right to protection against unlawful interference with his or her private or family life.
It is prohibited to gather, store, use or disseminate information about a person’s private life without his or her consent. No one shall be followed, filmed, photographed, recorded, or subjected to any other similar actions without his or her knowledge or despite his or her disapproval, except when such actions are prescribed by law.
The State guarantees everybody’s right to keep secret their correspondence, telephone conversations and information transmitted by mail, telegraph or other means of communication. This right might be restricted, as specified by legislation, to prevent crime or to find out true facts when investigating criminal case.
Everyone may become familiar with the materials collected in regards to him or her save in cases prescribed by law. Everyone has a right to demand correction or elimination of the information collected in regards to him or her, which does not correspond to the truth or is incomplete or collected through violation of the provisions of law.
It is prohibited to enter information resources carried on the paper or in electronic form in order to obtain information on third party, except in the cases provided by law.
Information technologies cannot be used for disclosing information about private life, including convictions, religion and ethnic identity except in the cases when the concerned person has openly expressed his consent or when the statistic data of anonymous nature are being processed without discrimination and other cases provided by law.
Scope of the personal information, as well as the condition of their processing, collection, passing, use and protection is defined by law.

Article 33. Inviolability of Residence

Everyone has the right to inviolability of the residence.
With the exception of cases specified by law or court no one is authorized to enter a residence against the will of the resident.

Article 34. Right to Marriage

Everybody has the right to marriage upon reaching the age specified by law.
Marriage is contracted on the basis of voluntary consent. No one shall be forced to marry.
Family and marriage are under the protection of the State. Mothers, fathers and children shall be protected by law. The State renders assistance to large families.
The rights of husband and wife are equal. The care and raising of children is the right and obligation of both parents.
Children have the obligation to take care of their parents. Able-bodied children upon reaching the age of 18 have the duty to support their invalid parents.

Article 35. Right to Work

Work is the basis of individual and social well-being.
Everyone, depending on working skills, has the right to freely choose the activity, profession, position and area of employment.
No one can be forced to work.
Labor contracts are freely signed. No one can be forced to sign contracts.
On the basis of [a] court decision, it is permissible under conditions specified by law to impose hard labor, forcing them to work under orders issued by authorized officials to perform required work during a state of emergency or martial law.
Everyone has the right to work under safe and healthy conditions, to receive without distinction no less than the minimum salary fixed by the State for fulfilled labor.
The unemployed have the right to receive social benefits from the State.
The State shall do everything in its power to eradicate unemployment.

Article 36. Right to Strike

Everyone has the right to strike either on his own or collectively with others.
The right to strike of people working on a contract basis can be limited only in cases specified by law. Military and civil persons serving in the Armed Forces of the Republic of Azerbaijan shall not go on strike.
Individual and collective labor disputes are settled in the procedure established by law.
Except as provided by law, a lockout is prohibited.

Article 37. Right to Rest

Everyone has the right to rest.
To people working on contract with [a] maximum 8-hour working day, rest and holiday days, at least 21-day paid annual leave is guaranteed.

Article 38. Right to Social Security

Everyone has the right to social security.
It is the obligation of the family members initially to render assistance to those in their family who need it.
Everyone has the right to social security in old age, sickness specified by law, disability, when losing work ability or the breadwinner of the family, when unemployed and in other cases specified by law.
Minimal pensions and social benefits are established by law.
The State creates possibilities for developing charity work, voluntary social insurance and other forms of social security and shall promote their development.

Article 39. Right to Live in a Healthy Environment

Everyone has the right to live in a healthy environment.
Everyone has the right to collect information on the environmental situation and to get compensation for damage rendered to the health and property due to the violation of ecological rights.
No one may cause threat or damage to the environment and natural resources beyond the limits set by law.
The state guarantees the preservation of ecological balance and protection of the species of wild plants and animals determined by law.

Article 40. Right to Culture

Everyone has the right to participate in cultural life, make use of cultural institutions and cultural wealth.
Everyone must treat with respect historical, cultural and spiritual values, preserve them and protect cultural monuments.

Article 41. Right to Health Protection

Everyone has the right to health protection and medical aid.
The State, acting on the basis of various forms of property, implements necessary measures to promote the development of all aspects of health services, ensures the sanitary-epidemiological well-being and creates various forms of medical insurance.
Officials are held to account if they withhold information on facts or situations which threaten the life or health of people.

Article 42. Right to Education

Everyone has the right to an education.
The State guarantees the right to free compulsory secondary education.
The system of education is controlled by the State.
Regardless of material conditions, the State guarantees [that] talented and merited persons continue their education.
The State establishes minimum educational standards.

Article 43. Right to Residence

No one can be deprived of his or her residence.
The State provides loans for the construction of houses and blocks of apartments, takes measures in order to implement [the] right to residence.

Article 44. National and Ethnic Identity

Everyone has the right to preserve one’s national identity.
No one can be deprived of the right to change one’s national identity.

Article 45. Right to Use the Mother Tongue

Everyone has the right to use the mother tongue. Everyone has the right to be raised and get an education, be engaged in creative activities in one’s mother tongue.
No one can be deprived of the right to use the mother tongue.

Article 46. Protection of Honor and Dignity

Everyone has the right to protect his or her honor and dignity.
The State shall protect personal dignity. Nothing can justify humiliation of personal dignity.
Nobody can be tortured or tormented, nobody shall suffer a treatment or punishment humiliating to human dignity. Nobody can be experimented upon-medically, scientifically or in any other way-without his or her consent.

Article 47. Freedom of Thought and Speech

Everyone has the freedom of thought and speech.
Nobody may be forced to identify or refuse his or her ideas and principles.
Propaganda inciting racial, ethnic, religious, social animosity or hostility or relying on any other criteria is inadmissible.

Article 48. Freedom of Conscience

Everyone has the right to freedom of conscience and religion.
Everyone has the right to independently define his or her attitude towards religion, to profess religion alone or together with others, or to profess no religion at all, to express and spread religious convictions.
The free conduct of religious rites if it does not violate public order or public morality is authorized.
The violation of the freedom of religion and self-expression is not allowed.
No one shall be forced to express (or demonstrate) his or her religious faith and belief, to execute religious rituals or participate in religious ceremonies.

Article 49. Freedom of Assembly

Everyone has the right to freely gather with others.
Everyone has the right, upon notification in advance of responsible government organs, to peaceful, unarmed gatherings, meetings, demonstrations, rallies, street processions, pickets together with others, provided that public order and public morals are not violated.

Article 50. Freedom of Information

Everyone has the right to legally seek, receive, pass, prepare and disseminate information.
The freedom of mass media is guaranteed. State censorship of mass media, including print media, is forbidden.
Everyone’s right to refute or reply to the information published in the media and violating his or her rights or damaging his or her interests shall be guaranteed.

Article 51. Freedom of Creative Work

Everyone has the freedom of creative work.
The State ensures the realization of belles-lettres, scientific-technical and other forms of creative work.

Article 52. Right to Citizenship

A person having political and legal relationship to the Republic of Azerbaijan as well as mutual rights and obligations is a citizen of the Republic of Azerbaijan. A person born on the territory of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan. A person whose one parent is a citizen of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan.

Article 53. Guarantee of the Citizenship Right

A citizen of the Republic of Azerbaijan cannot be deprived of his or her citizenship of the Republic of Azerbaijan (except for statutory cases of its loss).
A citizen of the Republic of Azerbaijan can under no circumstances be expelled from the Republic of Azerbaijan or extradited to a foreign state.
The Republic of Azerbaijan guarantees the legal defense and protection of citizens of the Republic of Azerbaijan who reside temporarily or permanently abroad.

Article 54. Right to Participate in the Political Life of Society and the State

Citizens of the Republic of Azerbaijan have the right to participate without hindrance in the political life of the society and the State.
Every citizen of the Republic of Azerbaijan has the right to independently show resistance to the attempt of a mutiny against the State or against forced change of the constitutional order.

Article 55. Right to Participate in the Government of the State

Citizens of the Republic of Azerbaijan have the right to participate in the Government. They can implement this right directly or by their representatives.
Citizens of the Republic of Azerbaijan have the right to serve in government organs. Officials to government organs are appointed from the citizens of the Republic of Azerbaijan. Foreign citizens and persons without citizenship can be admitted to government service by the procedures specified by law.

Article 56. Election Right

Citizens of the Republic of Azerbaijan have the right to elect and be elected to the government organs and also to participate in referenda.
The right to participate in the elections as well as in the referenda does not belong to persons whose incapacity has been determined by court.
Professional military persons, judges, government officials, persons sentenced to imprisonment according to a court decision brought into effect, religious officials and other people mentioned in the present Constitution and laws are limited in their right to be elected.

Article 57. Right to Petition

Citizens of the Republic of Azerbaijan have the right to address themselves to their government organs as well as to send them individual and collective petitions. Military servants can use this right only on an individual basis. Response to each petition must be given in the procedure and the terms established by law.
Citizens of the Republic of Azerbaijan have the right to criticize the activity of government organs, their officials, political parties, professional unions, other public unions and individuals. They may not be persecuted for exercising this right. Insult and slander cannot be considered criticism.

Article 58. Right to Association

Everyone has the right to associate freely with others.
Everyone has the right to set up any organization, including a political party, professional union and any other public association or to enter an already existing association. The independent activity of all associations is guaranteed.
No one can be forced to enter an association or to remain its member.
Activity of unions which intend forcible overthrow of legal state power on the whole territory of the Republic of Azerbaijan or in any part thereof and other objectives which are considered a crime, or use criminal methods are prohibited. The activities of unions which violate the Constitution and laws can be curtailed solely by a court order.

Article 59. Right to Freedom of Enterprise

Everyone has the right to use his or her opportunities, abilities and property, to be independently or jointly with others engaged in business activity or in any other kind of economic activity.
The state only regulates the protection of state interests, human life and health in business activity.

Article 60. Administrative and judicial guarantee of rights and freedoms

Everyone is guaranteed the protection of his rights and freedoms in the administrative manner and in court.
Everyone has the right to an unbiased approach to their work and consideration of the case within a reasonable time in the administrative proceedings and litigation.
Everyone has the right to being heard in administrative proceedings and litigation.
Everyone may appeal to court in the administrative manner against the actions and inaction of public authorities, political parties, legal entities, municipalities and their officials.

Article 61. Right to Receive Legal Help

Everyone has the right to receive qualified legal assistance.
In cases specified by law, legal help shall be rendered free at the expense of the State.
Everyone from the moment of being detained, arrested, charged with a crime on the part of authorized State organs has the right to seek the help of the Defender.

Article 62. Prohibition of Changes of Court Jurisdiction

Everyone has the right to have his or her case considered in a court specified by law. It is prohibited to have the case considered in another court without his or her consent.

Article 63. Presumption of Innocence

Everyone has the right to the presumption of innocence. Everyone who is charged with a crime shall be considered innocent until his or her guilt has been proven in the procedure specified by law, and a verdict, passed by the court, has come into effect.
In case there are grounded suspicions concerning a person’s guilt, it is not permitted to bring in a verdict of guilty with respect to the person.
A person who is charged with a crime is not obliged to prove his or her innocence.
Evidence obtained by violating the law cannot be used when administering justice. Without a verdict passed by the court, no one can be found guilty of committing a crime.

Article 64. Inadmissibility of Repeated Conviction for the Same Crime

No one shall be convicted repeatedly for the same crime.

Article 65. Right of Repeated Appeal to Court

Everyone has the right to appeal to a higher court for reconsideration of the verdict passed with respect to him in the procedure specified by law as well as appeal for pardon and for mitigating the punishment.

Article 66. Inadmissibility of Forced Testifying Against Relatives

No one can be forced to testify against himself, wife (husband), children, parents, brother, sister. A complete list of relatives against whom testifying is not obligatory is determined by law.

Article 67. Rights of the Detained, Arrested, and Accused of a Crime

Everyone who has been detained, arrested, accused of a crime on the part of competent State organs must be given immediate explanation of his or her rights and the reason for being arrested and brought to justice.
Every person accused of a criminal offence shall be heard before being sentenced.

Article 68. The right to protection against arbitrariness and being treated with dignity

Everyone has the right to being treated by public bodies with dignity that rules out arbitrariness.
The rights of a person who has been a victim of a crime and abuse of power shall be protected by the law. A victim has the right to participate in court examination and to demand compensation for damage caused to him.
Everyone has the right to receive compensation from the State for the damage caused to him as a result of illegal actions or inaction of government organs or their officials.
The government, together with civil servants, shall bear civil liability for damage caused to human rights and freedoms as a result of unlawful actions and inaction of public servants, and the violation of their guarantees.

Article 69. Rights of Foreign Citizens and Persons without Citizenship

Foreign citizens and persons without citizenship when in the Republic of Azerbaijan can enjoy all rights and freedoms and shall fulfill all the obligations together with citizens of the Republic of Azerbaijan, if they do not contradict the law or an international agreement to which the Republic of Azerbaijan is a party.
Rights and freedoms of foreign citizens and people without citizenship residing permanently or temporarily in the territory of the Republic of Azerbaijan can be restricted only in accordance with the international legal norms and laws of the Republic of Azerbaijan.

Article 70. Right to Political Asylum

According to the universal international legal norms the Republic of Azerbaijan grants political asylum to foreign citizens and persons without citizenship.
Extradition to another State of persons persecuted for their political convictions and deeds which are not considered crimes in the Republic of Azerbaijan shall not be authorized.

Article 71. Protection of Human rights and civil liberties

The legislative, executive and judicial powers shall observe and protect human rights and freedoms fixed in the Constitution.
No one can curtail the implementation of the rights and freedoms of man and citizen. Everyone’s rights and freedoms are subject to the restrictions provided for in the Constitution and the laws as well as to the limits resulting from the rights and freedoms of others. Restriction rights and freedoms should be proportional to the result expected by the state.
Upon declaration of war, martial law and exceptional situation, as well as mobilization that the implementation of human rights and freedoms can be partially and temporarily curtailed taking into consideration international obligations of the Republic of Azerbaijan. The population shall be notified in advance of the temporary suspension of human rights and freedoms.
No one shall be compelled to make public religious and other convictions and thoughts and be persecuted for them.
None of the provisions of the Constitution may be used to abolish human rights and civil liberties.
In the territory of the Republic of Azerbaijan, human rights and freedoms are immediately in force.
Disputes in relation to human rights and freedoms shall be resolved in court.
No one can be responsible for a deed which at the time of being committed was not considered a violation of law. If after violating the law a new law removed or mitigated the responsibility for such actions the new law is applied in that case.
Everyone is free to do anything which is not prohibited by law and no one may be forced to do anything which is not prescribed by law.
The state institutions may act only on the basis of this Constitution, in the manner and within the boundaries prescribed by law.

Chapter IV. Principal Obligations of Citizens

Article 72. Principal Obligations of Citizens

Everyone has responsibilities towards the State and society which result directly from his or her rights and freedoms. Duties may be established for anyone only by this Constitution or by law.
Everyone must abide by the Constitution and the laws of the Republic of Azerbaijan, respect the rights and freedoms of other people, and fulfill other obligations specified by law.
Ignorance of the law shall not relieve a person of his or her responsibility.

Article 73. Taxes and Other State Duties

Everyone has the responsibility to pay taxes and other State dues imposed by the law in full and without delay.
No one can be forced to pay taxes and other State dues over and above the amount determined by the law and if there are no reasons specified by the law.

Article 74. Loyalty to the Homeland

Loyalty to the Homeland is sacred.
Persons employed by election or appointment in the legislative, executive and judicial organs bear responsibility for proper and accurate implementation of their obligations and in cases specified by the law take an oath.
A person holding a position by election or appointment in the legislative, executive and judicial organs, who has taken the oath of allegiance to the Constitution of the Republic of Azerbaijan, shall be considered to have resigned from holding the position and cannot hold this position any more, if he is charged with a crime against the independence of the Republic of Azerbaijan, its constitutional order, mutiny against the State or overthrow of the government and if the person is convicted on the basis of this charge.

Article 75. Respect for State Symbols

Every citizen must respect the State Symbols of the Republic of Azerbaijan-its Flag, Emblem and National Anthem.
Expression of disrespect to the state symbols shall entail liability as determined by law.

Article 76. Defense of the Homeland

The Defense of the Homeland is the duty of every citizen. Citizens shall serve in the Armed Forces in accordance with the conditions specified by law.
If serving in the Armed Forces runs counter to a person’s convictions then active military service can be replaced by an alternative one in the cases specified by the law.

Article 77. Protection of Historical and Cultural Monuments

To protect historical and cultural monuments is the duty of everyone.

Article 78. Environmental Protection

Protection of the environment is the duty of everyone.

Article 79. Prohibition to Execute Responsibilities Contradicting the Law

No one can be compelled to execute responsibilities contradicting the Constitution and the laws of the Republic of Azerbaijan.

Article 80. Responsibility

Violation of the present Constitution and the laws of the Republic of Azerbaijan as well as abuse of rights and freedoms and failure to fulfill responsibilities specified by the present Constitution and the laws of the Republic of Azerbaijan entails liability in the forms determined by law.