Tajikistan 1994 Constitution (reviewed 2016)


Article 14

The rights and freedoms of individual and citizen are regulated and protected by the Constitution, laws of the Republic, [and] international legal acts recognized by Tajikistan.

The rights and freedoms of individual and citizen are exercised directly. They determine the goals, content and application of laws, the activity of legislative, executive and local agencies of state power and self-government and are secured by judicial power.

Limitations of rights and freedoms of citizens are permitted only for the purpose of securing the rights and freedoms of other citizens, public order, [and] protection of the constitutional system and the territorial integrity of the Republic.

Article 15

A person who was the citizen of the Republic of Tajikistan on the day of adoption of the Constitution shall be the citizen of the Republic of Tajikistan, or acquired the citizenship of the Republic of Tajikistan in accordance with the legislation of the Republic of Tajikistan or the international agreements of Tajikistan.

Belonging to the citizenship of Tajikistan and the citizenship of another state shall be not recognized, except in cases indicated by law and interstate treaties of Tajikistan.

The procedure of acquiring and termination of citizenship of the Republic of Tajikistan shall be governed by the constitutional law.

Article 16

A citizen of Tajikistan outside the country borders is under the protection of the State. No citizen of the Republic may be extradited to a foreign State. Extradition of a criminal to a foreign State is resolved on the basis of a bilateral agreement.

Foreign citizens and stateless persons shall enjoy the established rights and freedoms and have the duties and responsibility equal to [those of] citizens of Tajikistan except in cases provided by law.

Tajikistan may extend political asylum to foreign citizens who have become victims of violation of the rights of man.

Article 17

All are equal before the law and court. The State guarantees the rights and freedoms of everyone regardless of his nationality, race, gender, language, religious beliefs, political persuasion, education, [and] social and property status.

Men and women have equal rights.

Article 18

Everyone has the right to life.

No one may be deprived of life except by the court verdict for a particularly serious crime.

The inviolability of a person is guaranteed by the State. No one may be subjected to torture [and] cruel and inhuman treatment. Forced medical and scientific experiments on human[s] are prohibited.

Article 19

Everyone is guaranteed judicial protection. Everyone has the right to demand that his case be considered by a competent, independent, and impartial court established in accordance with law.

No one may be detained and arrested without legal grounds. A person has the right to services of an attorney from the moment of his arrest.

Article 20

No one is considered guilty of committing a crime until the entry of the court verdict into legal force.

No one may be held responsible after the expiration of the criminal prosecution period as well as for actions that were not considered a crime at the time they were committed. No one may be convicted twice for one and the same crime.

A law adopted after a person has committed an illegal act that increases the punishment for it does not have retroactive force. If after committing of an illegal act the responsibility [for that act] is repealed or reduced, the new law applies.

Full confiscation of the property of a convicted [person] is prohibited.

Article 21

The law protects the rights of a victim. The State guarantees to the victim judicial protection and compensation for damages inflicted on him.

Article 22

The home is inviolable.

It is not permitted to enter a home and to deprive a person of his home except for cases provided by law.

Article 23

The secrecy of correspondence, telephone conversations, and telegraph and other personal communications is ensured except in cases provided by law.

The collection, storage, use, and dissemination of information about private life of a person without his consent are forbidden.

Article 24

A citizen has the right to free movement and choice of place of [his] residence, to leave the borders of the Republic, and to return to it.

Article 25

State organs, social associations, political parties, and officials are obligated to provide everyone with the opportunity to receive and become familiar with documents concerning his rights and interests except in cases provided by law.

Article 26

Everyone has the right to independently determine his (her) relationship toward religion, to profess any religion individually or together with others, or to profess none, and to participate in the performance of religious cults, rituals, and ceremonies.

Article 27

A citizen has the right to participate in political life and State administration directly or through representatives.

Citizens have equal rights to State service.

After having attained the age of 18 years, a citizen has the right to participate in a referendum, to vote, and also to become elected after having attained the age established by the Constitution, constitutional laws, and laws.

Citizens declared incompetent by a court or kept in places of liberty deprivation upon a court verdict do not have the right to participate in elections and referenda.

The procedure for conducting elections is regulated by constitutional laws and laws. A referendum is conducted according to a constitutional law.

Article 28

Citizens have the right of association. The citizen shall have the right to participate in creation of political parties, labor unions and other public unions, and to willingly join and leave them.

Political parties assist in formation and expression of the people’s will on the basis of political pluralism, and [they] participate in the political life. Their structure and activity must correspond to democratic norms.

Article 29

A citizen has the right to participate in meetings, rallies, demonstrations, and peaceful processions established by law.

No one may be forced to participate in them.

Article 30

Everyone is guaranteed freedom of speech, press, [and] the right to use means of mass information.

Propaganda and agitation inciting social and racial, national, religious and language enmity and hostility are prohibited.

State censorship and prosecution for criticism is prohibited.

A list of information constituting a State secret is determined by law.

Article 31

Citizens have the right to appeal individually or jointly with others to State organs.

Article 32

Everyone has the right to property and inheritance.

No one has the right to deprive [a citizen of] and limit the citizen’s right to property. The confiscation of private property by the State for public needs is permitted only on the basis of law and with the consent of the owner with the full compensation of its value.

Material and moral damage inflicted on a person as a result of illegal actions by State organs, social associations, political parties, other legal entities or individuals is compensated in accordance with the law at their expense.

Article 33

Family as the foundation of the society is under the protection of the State.

Everyone has the right to form a family. Men and women who have reached the marital age have the right to freely enter into a marriage. In family relations and in dissolution of the marriage, spouses have equal rights.

Polygamy is prohibited.

Article 34

A mother and child are under special protection and patronage of the State.

Parents shall be responsible for the upbringing and education of their children, and adults and the children capable of working shall be responsible for taking care and social security of their parents.

The State provides protection of orphaned children and the disabled, their upbringing and education.

Article 35

Everyone has the right to work, to choose their profession [and] job, to protection of work, and to social security in unemployment. Wages for work must not be lower than the minimum working wage.

Any limitations in labor relations are prohibited. Equal wages shall be paid for equal work.

No one may be subjected to forced labor except in cases determined by law.

Using the labor of women and minors in heavy and underground works as well as in harmful conditions is prohibited.

Article 36

Everyone has the right to housing. This right is ensured by way of State, public, cooperative, and individual housing construction.

Article 37

Everyone has the right to rest. This right is ensured by way of establishing the length the working day and week, providing paid annual leave, weekly days of rest, and other conditions provided by law.

Article 38

Everyone has the right to protection of health. Everyone within the framework determined by law enjoys free medical assistance in the State healthcare establishments. The State adopts measures for improvement of the environment, development of mass sport, physical culture, and tourism.

Other forms of providing medical assistance are determined by law.

Article 39

Everyone is guaranteed social security in old age, in the event of illness, disability, loss of the ability to work, loss of the provider, and in other instances determined by law.

Article 40

Everyone has the right to freely participate in the cultural life of the society, artistic, scientific, and technical creativity, and to use their achievements.

Cultural and spiritual treasures are protected by the State.

Intellectual property is under the protection of law.

Article 41

Everyone has the right to education. General basic education is compulsory. The State guarantees general basic compulsory education free-of-charge in the State educational institutions.

Everyone within the framework determined by law may receive free-of-charge general secondary, basic vocational, secondary vocational, and higher vocational education in the State educational institutions.

Other forms of obtaining education are determined by law.

Article 42

In Tajikistan, everyone is obligated to observe its Constitution and laws [and] to respect the rights, freedoms, dignity and honor of other people.

Ignorance of the laws does not release [a person] from responsibility.

Article 43

Defense of the homeland, protection of the State interests [and] strengthening of its independence, security and defense capabilities are the sacred duty of a citizen.

Procedures for the completion of military service are determined by law.

Article 44

Protection of the nature, historical, and cultural monuments is an obligation of everyone.

Article 45

Payment of taxes and duties determined by law shall be mandatory.

Laws establishing new taxes or worsening the situation of the taxpayer do not have retroactive force.

Article 46

In case of a realistic threat to the rights and freedoms of citizens, independence of the State and its territorial integrity, [and] natural disasters as a result of which the constitutional organs of the Republic are unable to function normally, as a temporary measure for ensuring the safety of the citizens and State, a state of emergency is declared.

The state of emergency period is established for up to three months. In cases of necessity, this period may be extended by the President of the Republic of Tajikistan.

Article 47

During a state of emergency the rights and freedoms provided in Articles 16, 17, 18, 19, 20, 22, 25 and 28 of the Constitution may not be limited.

The legal regime of a state of emergency is determined by a constitutional law.