Extracts from the constitutions of individual EU states
Austria |
Belgium |
Bulgaria |
Cyprus |
Czech Republic |
Denmark |
Estonia |
France |
Germany |
Greece |
Hungary |
Irish Republic |
Italy |
Latvia |
Lithuania |
Malta |
The Netherlands |
Poland |
Portugal |
Romania |
Slovakia |
Slovenia |
Spain |
Sweden |
UK
Article 10 [Federal Legislation and Execution]
(1) The Federation has powers of legislation and execution in the following matters:
8. matters of trade and industry; public advertising and commercial brokerage; restraint of
unfair competition; patent matters and the protection of designs, trade marks, and other
commodity descriptions; matters of patent agents; matters of civil engineering; chambers
of commerce, trade, and industry; establishment of professional associations in so far as
they extend to the federal territory as a whole, but with the exception of those in the field
of agriculture and forestry;
11. labor legislation in so far as it does not fall under Article 12; social and contractual
insurance; chambers for workers and salaried employees with the exception of those
relating to agriculture and forestry;
16. the establishment of federal authorities and other federal agencies; service code for and
staff representation rights of federal employees; and
17. population policy in so far as it concerns the grant of children's allowances and the
organization of burden equalization on behalf of families.
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Article 10 [Equality]
(1) There are no class distinctions in the State.
(2) Belgians are equal before the law; they are the only ones eligible for civil and military
service, but for the exceptions that could be made by law for special cases.
Article 11 [Non-Discrimination, Minorities]
Enjoyment of the rights and freedoms recognized for Belgians should be ensured without
discrimination. To this end, laws and decrees guarantee notably the rights and freedoms of
ideological and philosophical minorities.
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Article 6 [Human Dignity, Freedom, Equality]
(1) All persons are born free and equal in dignity and rights.
(2) All citizens shall be equal before the law. There shall be no privileges or restriction of rights on the grounds of race, nationality, ethnic self-identity, sex, origin, religion, education, opinion, political affiliation, personal or social status, or property status.
Article 16 [Labour]
Labour is guaranteed and protected by law.
Article 32 [Privacy]
(1) The privacy of citizens is inviolable. Everyone is entitled to protection against any illegal interference in his private or family affairs and against encroachments on his honor, dignity, and reputation.
(2) No one shall be followed, photographed, filmed, recorded, or subjected to any other similar activity without his knowledge or despite his express disapproval, except when such actions are permitted by law.
Article 34 [Confidentiality]
(1) The freedom and confidentiality of correspondence and all other communications is inviolable.
(2) Exceptions to this provision shall be allowed only with the permission of the judicial authorities for the purpose of discovering or preventing a grave crime.
Article 38 [Freedom of Opinion]
No one shall be persecuted or restricted in his rights because of his views, nor shall be obligated or forced to provide information about his own or another person's views.
Article 43 [Assembly]
(1) Citizens shall have the right to peaceful and unarmed assembly for meetings and manifestations.
(2) The procedure for the organizing and holding of meetings and manifestations shall be established by law.
(3) No notice to the municipal authorities shall be required for meetings held indoors.
Article 44 [Association]
(1) Citizens shall be free to associate.
(2) No organization shall act to the detriment of the country's sovereignty and national integrity, or the unity of the nation, nor shall it incite racial, national, ethnic, or religious enmity or an encroachment on the rights and freedoms of citizens; no organization shall establish clandestine or paramilitary structures or shall seek to attain its aims through violence.
(3) The law shall establish which organizations shall be subject to registration, the procedure for their termination, and their relationships with the state.
Article 48 [The Right to Work]
(1) Citizens shall have the right to work. The state shall take care to provide conditions for the exercising of this right.
(2) The state shall create conditions favorable to the exercise of the right to work by the physically or mentally handicapped.
(3) Everyone is free to choose an occupation and place of work.
(4) No one shall be compelled to do forced labour.
(5) Workers and employees shall be entitled to healthy and non-hazardous working conditions, to guaranteed minimum pay and remuneration for the actual work performed, and to rest and leave, in accordance with conditions and procedures established by law.
Article 49 [Unions]
(1) Workers and employees shall be free to form trade union organizations and alliances in defence of their interests related to work and social security.
(2) Employers shall be free to associate in defence of their economic interests.
Article 50 [Strikes]
Workers and employees shall have the right to strike in defence of their collective economic and social interests. This right shall be exercised in accordance with conditions and procedures established by law.
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Cyprus
Article 9 [Social Security]
Every person has the right to a decent existence and to social security. A law shall provide for the protection of the workers, assistance to the poor and for a system of social insurance.
Article 10 [No Slavery, Servitude, Forced Labour]
1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced or compulsory labour.
3. For the purposes of this Article the term "forced or compulsory labour" shall not include -
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 11 or during conditional release from such detention;
(b) any service of a military character if imposed or, in case of conscientious objectors, subject to their recognition by a law, service exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the inhabitants.
Article 15 [Privacy]
1. Every person has the right to respect for his private and family life.
2. There shall be no interference with the exercise of this right except such as is in accordance with the law and is necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person.
Article 17 [Communication]
1. Every person has the right to respect for, and to the secrecy of, his correspondence and other communication if such other communication is made through means not prohibited by law.
2. There shall be no interference with the exercise of this right except in accordance with the law and only in cases of convicted and unconvicted prisoners and business correspondence and communication of bankrupts during the bankruptcy administration.
Article 21 [Assembly, Association]
1. Every person has the right to freedom of peaceful assembly.
2. Every person has the right to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. Notwithstanding any restriction under paragraph 3 of this Article, no person shall be compelled to join any association or to continue to be a member thereof.
3. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are absolutely necessary only in the 'interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person, whether or not such person participates in such assembly or is a member of such association.
4. Any association the object or activities of which are contrary to the constitutional order is prohibited.
5. A law may provide for the imposition of restrictions on the exercise of these rights by members of the armed forces, the police or gendarmerie.
6. Subject to the provisions of any law regulating the establishment or incorporation, membership (including rights and obligations of members), management and administration, and winding up and dissolution, the provisions of this Article shall also apply to the formation of companies, societies and other associations functioning for profit.
Article 25 [Work]
1. Every person has the right to practice any profession or to carry on any occupation, trade or business.
2. The exercise of this right may be subject to such formalities, conditions or restrictions as are prescribed by law and relate exclusively to the qualifications usually required for the exercise of any profession or are necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person or in the public interest: Provided that no such formalities, conditions or restrictions purporting to be in the public interest shall be prescribed by a law if such formality, condition or restriction is contrary to the interests of either Community.
3. As an exception to the aforesaid provisions of this Article a law may provide, if it is in the public interest, that certain enterprises of the nature of an essential public service or
relating to the exploitation of sources of energy or other natural resources shall be carried out exclusively by the Republic or a municipal corporation or by a public corporate body created for the purpose by such law and administered under the control of the Republic, and having a capital which may be derived from public and private funds or from either such source only: Provided that. where such enterprise has been carried out by any person, other than a municipal corporation or a public corporate body, the installations used for such enterprise shall, at the request of such person, be acquired. on payment of a just price, by the Republic or such municipal corporation or such public corporate body, as the case may be.
Article 26 [Contracts]
1. Every person has the right to enter freely into any contract subject to such conditions, limitations or restrictions as are laid down by the general principles of the law of contract. A law shall provide for the prevention of exploitation by persons who are commanding economic power.
2. A law may provide for collective labour contracts of obligatory fulfilment by employers and workers with adequate protection of the rights of any person, whether or not represented at the conclusion of such contract.
Article 27 [Strikes]
1. The right to strike is recognised and its exercise may be regulated by law for the purposes only of safeguarding the security of the Republic or the constitutional order or the public order or the public safety or the maintenance of supplies and services essential to the life of the inhabitants or the protection of the rights and liberties guaranteed by this Constitution to any person.
2. The members of the armed forces, of the police and of the gendarmerie shall not have the right to strike. A law may extend such prohibition to the members of the public service.
Article 28 [Discrimination]
1. All persons are equal before the law, the administration and justice and are entitled to equal protection thereof and treatment thereby.
2. Every person shall enjoy all the rights and liberties provided for in this Constitution without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class, or on any ground whatsoever, unless there is express provision to the contrary in this Constitution.
3. No citizen shall be entitled to use or enjoy any privilege of any title of nobility or of social distinction within the territorial limits of the Republic.
4. No title or nobility or other social distinction shall be conferred by or recognised in the Republic.
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Article 10 [Human Rights Treaties]
Ratified and promulgated international accords on human rights and fundamental freedoms, to which the Czech Republic has committed itself, are immediately binding and are superior to law.
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Section 74 [Free and Equal Access to Trade]
Any restraint of the free and equal access to trade which is not based on the public weal,
shall be abolished by Statute.
Section 75 [Right to Work]
(1) In order to advance the public weal efforts should be made to afford work to every
able-bodied citizen on terms that will secure his existence.
(2) Any person unable to support himself or his dependants shall, where no other person is
responsible for his or their maintenance, be entitled to receive public assistance, provided
that he shall comply with the obligations imposed by
Statute in such respect.
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Article 12 [Discrimination]
(1) All persons shall be equal before the law. No one may be discriminated against on the basis of nationality, race, color, sex, language, origin, creed, political or other persuasions, financial or social status, or other reasons.
(2) The propagation of national, racial, religious or political hatred, violence or discrimination is prohibited and punishable by law. The propagation of hatred, violence or discrimination between social strata is equally prohibited and punishable by law.
Article 26 [Privacy]
Everyone shall have the right to inviolability of family life and privacy. State and local government authorities and their officials may not interfere with any person's family life or privacy, except in such cases and procedures as determined by law for the protection of health or public morals, public order, the rights and liberties of other persons, the prevention of a crime or the apprehension of a criminal.
Article 29 [Right to Work]
(1) Estonian citizens shall have the right to freely choose his or her field of activity, profession and place of work. The conditions and procedures for exercising this right may be determined by law. Unless otherwise determined by law, this right shall exist equally for Estonian citizens and citizens of foreign states and stateless persons who are present in Estonia.
(2) No one may be compelled against his or her free will to perform work or service, except military or alternative service, or work required to prevent the spread of infectious diseases, or in cases of natural disasters or catastrophes, or work which by law is required of a person convicted of a crime.
(3) The state shall organize vocational education and assist in finding work for persons seeking employment.
(4) Working conditions shall be under state supervision.
(5) Employers and employees may freely join unions and associations. Unions and associations of employees and employers may for the protection of their rights and legal interests use any means not prohibited by law. The conditions and procedures for exercising the right to strike shall be determined by law.
(6) Procedures for settling labor disputes shall be determined by law.
Article 31 [Right to do Business]
Estonian citizens shall have the right to engage in commercial activities and to form profit-making associations and leagues. The law may determine conditions and procedures for the exercise of this right. Unless otherwise determined by law, this right shall exist equally for Estonian citizens and citizens of foreign states and stateless persons who are present in Estonia.
Article 43 [Secrecy of Communication]
Everyone shall be entitled to secrecy of messages transmitted by him or to him by post, telegram, telephone or other generally used means. Exceptions may be made on authorization by a court, in cases and in accordance with procedures determined by law in order to prevent a criminal act or for the purpose of establishing facts in a criminal investigation.
Article 47 [Right to Assembly]
Everyone shall have the right, without prior permission, to peacefully assemble and conduct meetings. This right may be restricted in cases and in accordance with procedures determined by law for the purpose of national security, public order or morals, traffic safety and the safety of the participants in such meetings or to prevent the spread of infectious diseases.
Article 48 [Right to Association]
(1) Everyone shall have the right to form non-profit associations and leagues. Only Estonian citizens may be members of political parties.
(2) The establishment of associations and leagues possessing weapons or organized in a military fashion or conducting military exercises requires a prior permit, the issuing of which shall be in accordance with conditions and procedures determined by law.
(3) Associations, leagues or political parties whose aims or activities are directed towards the violent change of the Estonian constitutional system or otherwise violate a criminal law shall be prohibited.
(4) The termination or suspension of the activities of an association, a league or a political party, and its penalization, may only be invoked by a court, in cases where a law has been violated.
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Title X The Economic and Social Council
Article 69 [Opinion on Bills]
(1) The Economic and Social Council shall, upon referral to it by the Government, give its
opinion on government bills, draft ordinances and orders, and private members' bills
submitted to it.
(2) A member of the Economic and Social Council may be designated by it to present
before the parliamentary Assemblies the Council's opinion on the Government or private
members' bills submitted to it.
Article 70 [Consultation]
The Economic and Social Council may likewise be consulted by the Government on any
problem of an economic or social nature concerning the Republic or the Community. Any
plan or program bill of an economic or social nature shall be submitted to it for its advice.
Article 71 [Membership]
The composition of the Economic and Social Council and its rules of procedure shall be
determined by an organic act.
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Article 3 [Equality]
(1) All humans are equal before the law.
(2) Men and women are equal. The state supports the effective realization of equality of
women and men and works towards abolishing present disadvantages.
(3) No one may be disadvantaged or favored because of his sex, his parentage, his race,
his language, his homeland and origin, his faith, or his religious or political opinions. No
one may be disadvantaged because of his handicap.
Article 9 [Freedom of association]
(1) All Germans have the right to form clubs and societies.
(2) Associations, the purposes or activities of which conflict with criminal statutes or
which are directed against the constitutional order or the concept of international
understanding, are prohibited.
(3) The right to form associations to safeguard and improve working and economic
conditions is guaranteed to everyone and for all professions. Agreements which restrict or
seek to impair this right are null and void, measures directed to this end are illegal.
Measures taken pursuant to Articles 12a, 35 (2) & (3), 87a (4), or 91 may not be directed
against industrial conflicts engaged in by associations to safeguard and improve working
and economic conditions in the sense of the first sentence of this paragraph.
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Article 12 [Association]
(1) Greeks have the right to establish non-profit unions and associations, observing the
laws of the State which cannot, however, make the exercise of such right subject to
previous permission by the Government.
(2) An association may not be dissolved for violating the laws or a fundamental provision
of the by-laws without a court decision.
(3) The provisions of the aforegoing paragraph also apply per anlogia to unions which do
not constitute an association.
(4) Restrictions on the right of association of civil servants may be imposed by law.
Restrictions on the same right may also be imposed upon local government employees or
those of other bodies corporate of public law, or public enterprises.
(5) Agricultural and urban co-operation of any kind shall be self-governed in accordance
with the provisions of the law or their by-laws and shall be placed under the protection
and supervision of the State which shall be obliged to provide for the development thereof.
(6) Law may establish compulsory co-operatives which shall aim at achieving goals,
relating to the common good or the public interest or the joint exploitation of agricultural
areas or other material resources, safeguarding in every case equality of treatment of those
participating therein.
Article 22 [Work, Social Security]
(1) Work is a right and shall be placed under the protection of the State, which shall take
measures with a view to creating conditions for full employment and for the moral and
material improvement of the working agricultural and urban population.
(2) The general conditions of work shall be determined by law and supplemented by
collective agreements arrived at by free collective bargaining and, in the event of their
having failed, by the regulations fixed by arbitration.
(3) All forms of compulsory labor shall be prohibited. Special laws shall determine matters
relating to the forcible recruitment of personal services in the event of war or mobilization
or for the benefit of the defence needs of the country or in the case of social emergency
caused by a natural catastrophe or likely to endanger public health, and matters relating to
the services offered to local authorities with a view to satisfying local needs.
(4) The State shall provide for the social security of the workers, as the law provides.
Article 23 [Unions, Right to Strike]
(1) The State shall take the appropriate measures for the safeguarding of trade union
freedom and the unimpeded exercise of the rights relating thereto against any violation
thereof, within the limits of the law.
(2) The right to strike shall be exercised by the duly constituted trade unions with a view
to preserving and promoting the economic interests of the workers and those relating to
their work in general. Any strike whatsoever by judicial functionaries and members of the
security forces is prohibited. The right to strike is placed under the limitation imposed by
law in the case of civil servants, employees of local authorities, bodies corporate of public
law, and the personnel of public enterprises of any kind or utilities, the operation whereof
is of vital importance for the satisfaction of basic needs of society as a whole. The said
limitations cannot be extended to include the abolition of the right to strike or impede the
lawful exercise thereof.
Article 25 [Protection of Fundamental Rights]
(1) The right of human beings as individuals and as members of the social body are
guaranteed by the State, all the functionaries whereof are obliged to safeguard the
unimpaired exercise thereof.
(2) The recognition and protection of the fundamental and inalienable rights of man by the
State shall aim at achieving social progress in freedom and justice.
(3) Abuse of rights shall be prohibited.
(4) The State has the right to demand of all citizens that they perform the duty of social
and national solidarity.
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Article 4 [Unions]
Labour unions and other representative bodies shall protect and represent the interests of employees, members of co-operatives and entrepreneurs.
Article 17 [Social Security]
The Republic of Hungary shall provide support for those in need through a wide range of social measures.
Article 59 [Privacy]
(1) In the Republic of Hungary everyone has the right to the good standing of his reputation, the privacy of his home and the protection of secrecy in private affairs and personal data.
(2) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the secrecy of personal data.
Article 62 [Assembly]
(1) The Republic of Hungary recognizes the right to peaceful assembly and shall ensure the free exercise thereof.
(2) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right of assembly.
Article 63 [Association]
(1) On the basis of the right of assembly, everyone in the Republic of Hungary has the right to establish organizations whose goals are not prohibited by law and to join such organizations.
(2) The establishment of armed organizations with political objectives shall not be permitted on the basis of the right of assembly.
(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right of assembly and the financial management and operation of political parties.
Article 66 [Gender Equality]
(1) The Republic of Hungary shall ensure the equality of men and women in all civil, political, economic, social and cultural rights.
(2) In the Republic of Hungary mothers shall receive support and protection before and after the birth of the child, in accordance with separate regulations.
(3) Separate regulations shall ensure the protection of women and youth in the workplace.
Article 70A [No Discrimination]
(1) The Republic of Hungary shall respect the human rights and civil rights of all persons in the country without discrimination on the basis of race, color, gender, language, religion, political or other opinion, national or social origins, financial situation, birth or on any other grounds whatsoever.
(2) The law shall provide for strict punishment of discrimination on the basis of Paragraph (1).
(3) The Republic of Hungary shall endeavor to implement equal rights for everyone through measures that create fair opportunities for all.
Article 70B [Work]
(1) In the Republic of Hungary everyone has the right to work and to freely choose his job and profession.
(2) Everyone has the right to equal compensation for equal work, without any discrimination whatsoever.
(3) All persons who work have the right to an income that corresponds to the amount and quality of work they carry out.
(4) Everyone has the right to leisure time, to free time and to regular paid vacation.
Article 70C [Unions, Strikes]
(1) Everyone has the right to establish or join organizations together with others with the objective of protecting his economic or social interests.
(2) The right to strike may be exercised within the framework of the law regulating such right.
(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right to strike.
Article 70D [Health and Safety]
(1) Everyone living in the territory of the Republic of Hungary has the right to the highest possible level of physical and mental health.
(2) The Republic of Hungary shall implement this right through institutions of labor safety and health care, through the organization of medical care and the opportunities for regular physical activity, as well as through the protection of the urban and natural environment.
Article 70E [Welfare]
(1) Citizens of the Republic of Hungary have the right to social security; they are entitled to the support required to live in old age, and in the case of sickness, disability, being widowed or orphaned and in the case of unemployment through no fault of their own.
(2) The Republic of Hungary shall implement the right to social support through the social security system and the system of social institutions.
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(6.1) The State guarantees liberty for the exercise of the following rights, subject to public
order and morality:-
(i) The right of the citizens to express freely their convictions and opinions.
The education of public opinion being, however, a matter of such grave import to the
common good, the State shall endeavor to ensure that organs of public opinion, such as
the radio, the press, the cinema, while preserving their rightful liberty of expression,
including criticism of Government policy, shall not be used to undermine public order or
morality or the authority of the State. The publication or utterance of blasphemous,
seditious, or indecent matter is an offence which shall be punishable in accordance with
law.
(ii) The right of the citizens to assemble peaceably and without arms.
Provision may be made by law to prevent or control meetings which are determined in
accordance with law to be calculated to cause a breach of the peace or to be a danger or
nuisance to the general public and to prevent or control meetings in the vicinity of either
House of Parliament.
(iii) The right of the citizens to form associations and unions. Laws, however, may be
enacted for the regulation and control in the public interest of the exercise of the foregoing
right.
(6.2) Laws regulating the manner in which the right of forming associations and unions
and the right of free assembly may be exercised shall contain no political, religious or class
discrimination.
Article 45 [Social Policy]
(0) The principles of social policy set forth in this article are intended for the general
guidance of Parliament. The application of those principles in the making of laws shall be
the care of Parliament exclusively, and shall not be cognisable by any Court under any of
the provisions of this Constitution.
(1) The State shall strive to promote the welfare of the whole people by securing and
protecting as effectively as it may a social order in which justice and charity shall inform
all the institutions of the national life.
(2) The State shall, in particular, direct its policy towards securing:
(i) That the citizens (all of whom, men and women equally, have the right to an adequate
means of livelihood) may through their occupations find the means of making reasonable
provision for their domestic needs.
(ii) That the ownership and control of the material resources of the community may be so
distributed amongst private individuals and the various classes as best to serve the
common good.
(iii) That, especially, the operation of free competition shall not be allowed so to develop
as to result in the concentration of the ownership or control of essential commodities in a
few individuals to the common detriment.
(iv) That in what pertains to the control of credit the constant and predominant aim shall
be the welfare of the people as a whole.
(v) That there may be established on the land in economic security as many families as in
the circumstances shall be practicable.
(3.1) The State shall favor and, where necessary, supplement private initiative in industry
and commerce.
(3.2) The State shall endeavor to secure that private enterprise shall be so conducted as to
ensure reasonable efficiency in the production and distribution of goods and as to protect
the public against unjust exploitation.
(4.1) The State pledges itself to safeguard with especial care the economic interests of the
weaker sections of the community, and, where necessary, to contribute to the support of
the infirm, the widow, the orphan, and the aged.
(4.2) The State shall endeavor to ensure that the strength and health of workers, men and
women, and the tender age of children shall not be abused and that citizens shall not be
forced by economic necessity to enter a vocation unsuited to their sex, age or strength.
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Article 3 [Freedom, Equality]
(1) All citizens are invested with equal social status and are equal before the law, without
distinction as to sex, race, language, religion, political opinions, and personal or social
conditions.
(2) It is the responsibility of the Republic to remove all economic and social obstacles
which, by limiting the freedom and equality of citizens, prevent the full development of the
individual and the participation of all workers in the political, economic, and social
organization of the country.
Article 4 [Work]
(1) The Republic recognizes the right of all citizens to work and promotes such conditions
as will make this right effective.
(2) Every citizen shall undertake, according to his possibilities and his own choice, an
activity or a function contributing to the material and moral progress of society.
Article 35 [Work]
(1) The Republic safeguards labour in all its forms and methods of execution.
(2) It provides for the professional or vocational training and advancement of workers.
(3) It promotes and encourages international agreements, and organizations calculated to
confirm and regulate the rights of labour.
(4) It admits freedom to emigrate, save for such limitations as are prescribed by law in the
general interests, and for the protection of Italian labor abroad.
Article 36 [Wages]
(1) An employed person is entitled to wages in proportion to the quantity and quality of
his work, and in any case sufficient to provide him and his family with a free and dignified
existence.
(2) The maximum number of hours of work per day is fixed by law.
(3) An employed person is entitled to a weekly day of rest and to annual holidays with
pay; he cannot relinquish this right.
Article 37 [Equality in Work]
(1) Female labor enjoys equal rights and the same wages for the same work as male
labour. Conditions of work must make it possible for them to fulfill their essential family
duties and provide for the adequate protection of mothers and children.
(2) The law prescribes the minimum age for paid labour.
(3) The Republic prescribes special measures for safeguarding juvenile labour and
guarantees equal pay for equal work.
Article 38 [Welfare]
(1) Every private citizen unable to work and unprovided with the resources necessary for
existence is entitled to private and social assistance.
(2) Workers are entitled to adequate insurance for their requirements in case of accident,
illness, disability, old age, and involuntary unemployment.
(3) The disabled and persons incapable of employment are entitled to education and
vocational training.
(4) The responsibilities laid down in this Article are entrusted to organs and institutions
provided or assisted by the State.
(5) The freedom of private assistance is affirmed.
Article 39 [Unions]
(1) Freedom in the organization of trade unions is affirmed.
(2) No compulsion may be imposed on trade unions except that of registering at local or
central offices according to the provisions of the law.
(3) A condition of registration is that the statutes of the unions sanction an internal
organization on a democratic basis.
(4) Registered trade unions have a legal status. They may, being represented in proportion
to the number of their registered members, negotiate collective labor agreements having
compulsory value for all persons belonging to the categories to which the said agreements
refer.
Article 40 [Strike]
The right to strike is exercised within the sphere of the laws concerning the subject.
Article 41 [Business]
(1) Private economic enterprise is open to all.
(2) It cannot, however, be applied in such a manner as to be in conflict with social utility
or when it is prejudicial to security, freedom, and human dignity.
(3) The law prescribes such planning and controls as may be advisable for directing and
coordinating public and private economic activities towards social objectives.
Article 46 [Participation]
With a view to the economic and social progress of labor and in conformity with the
requirements of production, the Republic recognizes the rights of workers to participate in
management in the manner and within the limits prescribed by law.
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Article 90 [Right to Know About Rights]
Everyone has the right to know about their rights.
Article 91 [Discrimination]
All human beings in Latvia shall be equal before the law and the courts. Human rights shall be realised without discrimination of any kind.
Article 94 [Liberty, Personal Security]
Everyone has the right to liberty and security of person. No one may be deprived of or have their liberty restricted, otherwise than in accordance with law.
Article 96 [Privacy]
Everyone has the right to inviolability of their private life, home and correspondence.
Article 102 [Freedom of Association]
Everyone has the right to form and join associations, political parties and other public organisations.
Article 103 [Freedom of Assembly]
The State shall protect the freedom of previously announced peaceful meetings, street processions, and pickets.
Article 106 [Work]
Everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. Forced labor is prohibited. Participation in the relief of disasters and their effects, and work pursuant to a court order shall not be deemed forced labor.
Article 107 [Remuneration, Holidays, Vacation]
Every employed person has the right to receive, for work done, commensurate remuneration which shall not be less than the minimum wage established by the State, and has the right to weekly holidays and a paid annual vacation.
Article 108 [Collective Labour Agreements, Strikes, Trade Unions]
Employed persons have the right to a collective labour agreement, and the right to strike. The State shall protect the freedom of trade unions.
Article 109 [Social Security, Disability, Unemployment]
Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.
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Article 21 [Human dignity]
(1) The person shall be inviolable.
(2) Human dignity shall be protected by law.
(3) It shall be prohibited to torture, injure, degrade, or maltreat a person, as well as to establish such punishments.
(4) No person may be subjected to scientific or medical testing without his or her knowledge thereof and consent thereto.
Article 22 [Privacy]
(1) The private life of an individual shall be inviolable.
(2) Personal correspondence, telephone conversations, telegraph messages, and other intercommunications shall be inviolable.
(3) Information concerning the private life of an individual may be collected only upon a justified court order and in accordance with the law.
(4) The law and the court shall protect individuals from arbitrary or unlawful interference in their private or family life, and from encroachment upon their honor and dignity.
Article 29 [Equality]
(1) All people shall be equal before the law, the court, and other State institutions and officers.
(2) A person may not have his rights restricted in any way, or be granted any privileges, on the basis of his or her sex, race, nationality, language, origin, social status, religion, convictions, or opinions.
Article 35 [Right of association]
(1) Citizens shall be guaranteed the right to freely form societies, political parties, and associations, provided that the aims and activities thereof do not contradict the Constitution and laws.
(2) No person may be forced to belong to any society, political party, or association.
(3) The founding and functioning of political parties and other political and public organization shall be regulated by law.
Article 36 [Right of assembly]
(1) Citizens may not be prohibited or hindered from assembling in unarmed peaceful meetings.
(2) This right may not be subjected to any restrictions except those which are provided by law and are necessary to protect the security of the State or the community, public order, people's health or morals, or the rights and freedoms of other persons.
Article 48 [Work]
(1) Every person may freely choose an occupation or business, and shall have the right to adequate, safe and healthy working conditions, adequate compensation for work, and social security in the event of unemployment.
(2) The employment of foreigners in the Republic of Lithuania shall be regulated by law.
(3) Forced labour shall be prohibited.
(4) Military service or alternative service, as well as labour which is executed during war, natural calamity, epidemic, or other urgent circumstances, shall not be deemed as forced labor.
(5) Labour which is performed by convicts in places of confinement and which is regulated by law shall not be deemed as forced labour either.
Article 49 [Working time]
(1) Every person shall have the right to rest and leisure, as well as to annual paid holidays.
(2) Working hours shall be established by law.
Article 50 [Trade unions]
(1) Trade unions shall be freely established and shall function independently. They shall defend the professional, economic, and social rights and interests of employees.
(2) All trade unions shall have equal rights.
Article 51 [Strikes]
(1) Employees shall have the right to strike in order to protect their economic and social interests.
(2) The restrictions of this right, and the conditions and procedures for the implementation thereof shall be established by law.
Article 52 [Social security]
The State shall guarantee the right of citizens to old age and disability pension, as well as to social assistance in the event of unemployment, sickness, widowhood, loss of breadwinner, and other cases provided by law.
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Section 7 [Work]
The State recognises the right of all citizens to work and shall promote such conditions as will make this right effective.
Section 12 [Work, Vocational Training]
(1) The State shall protect work.
(2) It shall provide for the professional or vocational training and advancement of workers.
Section 13 [Working Hours, Vacation]
(1) The maximum number of hours of work per day shall be fixed by law.
(2) The worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right.
Section 14 [Gender Equality]
The State shall promote the equal right of men and women to enjoy all economic, social, cultural, civil and political rights and for this purpose shall take appropriate measures to eliminate all forms of discrimination between the sexes by any person, organisation or enterprise; the State shall in particular aim at ensuring that women workers enjoy equal rights and the same wages for the same work as men.
Section 15 [Working Age]
The minimum age for paid labour shall be prescribed by law.
Section 16 [Working Children]
The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work.
Section 17 [Disability]
(1) Every citizen incapable of work and unprovided with the resources necessary for subsistence is entitled to maintenance and social assistance.
(2) Workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment.
(3) Disabled persons and persons incapable of work are entitled to education and vocational training.
Section 35 [No Forced Labour]
(1) No person shall be required to perform forced labour.
(2) For the purposes of this section, the expression "forced labour" does not include --
(a) any labour required in consequence of the sentence or order of a court;
(b) labour required of any person while he is lawfully detained by sentence or order of a court that, though not required in consequence of such sentence or order, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained or, if he is detained for the purpose of his care, treatment, education or welfare, is reasonably required for that purpose;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
(d) any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community.
Section 36 [Inhuman or Degrading Treatment]
(1) No person shall be subjected to inhuman or degrading punishment or treatment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Malta immediately before the appointed day.
(3) (a) No law shall provide for the imposition of collective punishments.
(b) Nothing in this subsection shall preclude the imposition of collective punishments upon the members of a disciplined force in accordance with the law regulating the discipline of that force.
Section 42 [Assembly and Association]
(1) Except with his own consent or by way of parental discipline no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade or other unions or associations for the protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision --
(a) that is reasonably required --
(i) in the interests of defence, public safety, public order, public morality or decency, or public health; or
(ii) for the purpose of protecting the rights or freedoms of other persons; or
(b) that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(3) For the purposes of this section, any provision in any law prohibiting the holding of public meetings or demonstrations in any one or more particular cities, towns, suburbs or villages shall be held to be a provision which is not reasonably justifiable in a democratic society.
Section 45 [Discrimination]
(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision --
(a) for the appropriation of public revenues or other public funds; or
(b) with respect to persons who are not citizens of Malta; or
(c) with respect to adoption, marriage, dissolution of marriage, burial, devolution of property on death or any matters of personal law not herein before specified; or
(d) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description and to any other provision of this Constitution, is reasonably justifiable in a democratic society; or
(e) for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; Provided that paragraph (c) of this subsection shall not apply to any law which makes any provision that is discriminatory, either of itself or in its effect by affording different treatment to different persons attributable wholly or mainly to their respective description by sex.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision:
(a) with respect to qualifications for service or conditions of service in any disciplined force; or
(b) with respect to qualifications (not being qualifications specifically relating to sex) for service as a public officer or for service of a local government authority or a body corporate established for public purposes by any law.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision (not being provisions specifically relating to sex), whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 38, 40, 41, 42 and 44 of this Constitution, being such a restriction as is authorised by section 38(2), 40(2), 41(2), 42(2) or 44(3).
(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
(9) A requirement, however made, that the Roman Catholic Apostolic Religion shall be taught by a person professing that religion shall not be held to be inconsistent with or in contravention of this section.
(10) Until the expiration of a period of two years commencing on the 1st July, 1991, nothing contained in any law made before the 1st July, 1991, shall be held to be inconsistent with the provisions of this section, in so far as that law provides for different treatment to different persons attributable wholly or mainly to their respective description by sex.
(11) Nothing in the provisions of this section shall apply to any law or anything done under the authority of a law, or to any procedure or arrangement, in so far as such law, thing done, procedure or arrangement provides for the taking of special measures aimed at accelerating de facto equality between men and women, and in so far only as such measures, taking into account the social fabric of Malta, are shown to be reasonably justifiable in a democratic society.
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Article 1 [Equality]
All persons in the Netherlands shall be treated equally in equal circumstances.
Discrimination on the grounds of religion, belief, political opinion, race, or sex or on any
other grounds whatsoever shall not be permitted.
Article 19 [Work]
(1) It shall be the concern of the authorities to promote the provision of sufficient
employment.
(2) Rules concerning the legal status and protection of working persons and concerning
co-determination shall be laid down by Act of Parliament.
(3) The right of every Dutch national to a free choice of work shall be recognized, without
prejudice to the restrictions laid down by or pursuant to Act of Parliament.
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Article 20 [Social market economy]
A social market economy, based on the freedom of economic activity, private ownership, and solidarity, dialogue and cooperation between social partners, shall be the basis of the economic system of the Republic of Poland.
Article 24 [Work]
Work shall be protected by the Republic of Poland. The State shall exercise supervision over the conditions of work.
Article 32 [Equality]
(1) All persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities.
(2) No one shall be discriminated against in political, social or economic life for any reason whatsoever.
Article 33 [Men and Women]
(1) Men and women shall have equal rights in family, political, social and economic life in the Republic of Poland.
(2) Men and women shall have equal rights, in particular, regarding education, employment and promotion, and shall have the right to equal compensation for work of similar value, to social security, to hold offices, and to receive public honours and decorations.
Article 47 [Privacy]
Everyone shall have the right to legal protection of his private and family life, of his honour and good reputation and to make decisions about his personal life.
Article 49 [Communications]
The freedom and privacy of communication shall be ensured. Any limitations thereon may be imposed only in cases and in a manner specified by statute.
Article 57 [Freedom of assembly]
The freedom of peaceful assembly and participation in such assemblies shall be ensured to everyone. Limitations upon such freedoms may be imposed by statute.
Article 58 [Freedom of association]
(1) The freedom of association shall be guaranteed to everyone.
(2) Associations whose purposes or activities are contrary to the Constitution or statutes shall be prohibited. The courts shall adjudicate whether to permit an association to register or to prohibit an association from such activities.
(3) Statutes shall specify types of associations requiring court registration, a procedure for such registration and the forms of supervision of such associations.
Article 59 [Trade union rights]
(1) The freedom of association in trades unions, socio-occupational organizations of farmers, and in employers' organizations shall be ensured.
(2) Trade unions and employers and their organizations shall have the right to bargain, particularly for the purpose of resolving collective disputes, and to conclude collective labour agreements and other arrangements.
(3) Trade unions shall have the right to organize workers' strikes or other forms of protest subject to limitations specified by statute. For protection of the public interest, statutes may limit or forbid the conduct of strikes by specified categories of employees or in specific fields.
(4) The scope of freedom of association in trade unions and in employers' organizations may only be subject to such statutory limitations as are permissible in accordance with international agreements to which the Republic of Poland is a party.
Article 65 [Work]
(1) Everyone shall have the freedom to choose and to pursue his occupation and to choose his place of work. Exceptions shall be specified by statute.
(2) An obligation to work may be imposed only by statute.
(3) The permanent employment of children under 16 years of age shall be forbidden. The types and nature of admissible employments shall be specified by statute.
(4) A minimum level of remuneration for work, or the manner of setting its levels shall be specified by statute.
(5) Public authorities shall pursue policies aiming at full, productive employment by implementing programmes to combat unemployment, including the organization of and support for occupational advice and training, as well as public works and economic intervention.
Article 66 [Conditions of work]
(1) Everyone shall have the right to safe and hygienic conditions of work. The methods of implementing this right and the obligations of employers shall be specified by statute.
(2) An employee shall have the right to statutorily specified days free from work as well as annual paid holidays; the maximum permissible hours of work shall be specified by statute.
Article 67 [Social security]
(1) A citizen shall have the right to social security whenever incapacitated for work by reason of sickness or invalidity as well as having attained retirement age. The scope and forms of social security shall be specified by statute.
(2) A citizen who is involuntarily without work and has no other means of support, shall have the right to social security, the scope of which shall be specified by statute.
Article 69 [Disability]
Public authorities shall provide, in accordance with statute, aid to disabled persons to ensure their subsistence, adaptation to work and social communication.
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Article 14 Portuguese Citizens Abroad
Portuguese citizens living or residing abroad enjoy the protection of the State in the
exercise of their rights and are subject to such duties as are not incompatible with their
absence from the country.
Article 15 Aliens and Stateless Persons
(1) Aliens and stateless persons staying or residing in Portugal enjoy the same rights and
are subject to the same duties as Portuguese citizens.
(2) The foregoing paragraph does not apply to political rights, to the performance of
public duties that are not predominantly technical, or to rights and duties restricted to
Portuguese citizens under the Constitution and by law.
(3) Citizens of Portuguese speaking countries may, by international convention and subject
to reciprocity, be granted rights not otherwise conferred to aliens, except the right of
access to membership of the organs of supreme authority and the organs of self-
government of the autonomous regions, service in the armed forces, and access to the
diplomatic service.
(4) Subject to reciprocity, the law may confer upon aliens residing on the national territory
the right to vote and to stand for election with respect to the election of members of
organs of local authority.
Article 35 Use of Data Processing
(1) Without prejudice to the provisions of the law on State secrecy and justice secrecy, all
citizens have the right of access to the data contained in automated data records and files
concerning them as well as the right to be informed of the use for which they are intended;
they are entitled to request that the contents thereof be corrected and brought up to date.
(2) Access to personal data records or files are forbidden for purposes of getting
information relating to third parties as well as for the interconnection of these files, save in
exceptional cases as provided for in the law and in Article 18.
(3) Data processing may not be used in regard to information concerning a person's
philosophical or political convictions, party or trade union affiliations, religious beliefs, or
private life, except in the case of non-identifiable data for statistical purposes.
(4) The law defines the concept of personal data for the purposes of data storage as well
as the conditions for establishing data banks and data basis by public or private entities and
the conditions of utilization and access.
(5) Citizens may not be issued all-purpose national identification numbers.
(6) The law defines the provisions applicable to transborder data flows establishing
adequate norms of protection of personal data and of any other data in which the national
interest is justified.
Article 47 Freedom to Choose One's Occupation and Enter the Civil Service
(1) Everyone has the right to choose freely his or her occupation or type of work, except
for legal restrictions laid down in the public interest or inherent to his or her own capacity.
(2) All citizens have the right to enter the civil service under conditions of equality and
freedom, generally through public competitions.
Chapter II Rights, Freedoms, and Guarantees of Political Participation
Article 48 Participation in Public Life
(1) All citizens have the right to take part in political life and in the control of the country's
public affairs, either directly or through freely-elected representatives.
(2) Every citizen has the right to objective information about the acts of the State and
other public bodies and to be informed by the Government and other authorities about the
management of public affairs.
Chapter III Rights, Freedoms, and Safeguards of Workers
Article 53 Job Security
The right of workers to job security is safeguarded. Dismissals without just cause or for
political or ideological reasons are forbidden.
Article 54 Workers' Committees
(1) Workers have the right to set up committees for the defence of their interests and for a
democratic share in the running of their enterprise.
(2) The establishment of the committees is determined by general assemblies of the
workers, who also approve their statutes and elect their members by direct and secret
ballot.
(3) Coordinating committees may be set up in such a form as to safeguard the interests of
the workers for the purpose of more effective intervention in economic reorganization.
(4) The members of the committees enjoy the protection afforded by law to trade union
delegates.
(5) Workers' committees have the right to:
a) Receive all information needed for the pursuit of their activities;
b) Supervise the management of enterprises;
c) Intervene in the reorganization of production units;
d) Participate in the drawing up of labor legislation and social and economic plans
concerning their sector;
e) Manage or participate in the management of the social works of enterprises;
f) Promote the election of representatives of the workers to the management organs of
enterprises belonging to the State or other public bodies, in accordance with the law.
Article 55 Trade Union Freedom
(1) Workers are free to form trade unions, a condition and safeguard for the building of
their unity in defence of their rights and interests.
(2) In the exercise of trade union freedom, the following freedoms are safeguarded for
workers without discrimination:
a) Freedom to set up trade union associations at all levels;
b) Freedom of membership, no worker being required to pay dues to a trade union of
which he is not a member;
c) Freedom in the organization and internal regulation of trade union associations;
d) The right to engage in trade union activity within the enterprise;
e) The right to different tendencies, in ways to be determined by the statutes thereof.
(3) Trade union associations are governed by the principles of democratic organization
and management, based on regular elections to their governing bodies by secret ballot.
They are not subject to any authorization or recognition, their foundation being active
participation by the workers in all aspects of trade union activity.
(4) Trade union associations are independent of employers, the State, and religious
denominations. Adequate safeguards for such independence has to be laid down by law as
the foundation of the unity of the working classes.
(5) Trade union associations have the right to establish relations with or to join
international trade union organizations.
(6) The law secures adequate protection to the elected representatives of workers against
any forms of constraint, coercion, or limitation of the legitimate performance of their
duties.
Article 56 Rights of Trade Union Associations and Collective Agreements
(1) Trade union associations are competent to defend and promote the defense of the
rights and interests of the workers they represent.
(2) Trade union associations have the right to:
a) Participate in the preparation of labor legislation;
b) Participate in the management of social security institutions and other bodies whose aim
is to satisfy the interests of the working classes;
c) Participate in the supervision of the implementation of economic and social plans;
d) Be represented in the social dialogue bodies, in accordance with the law.
(3) Trade union associations have the powers to exercise the right of concluding collective
agreements.
(4) The rules governing the powers to conclude collective labor agreements and the scope
of their provisions are laid down by law.
Article 57 Right to Strike and Prohibition of Lock-Outs
(1) The right to strike is safeguarded.
(2) Workers are entitled to decide what interests are to be protected by means of strikes.
The sphere of such interests is not be restricted by law.
(3) Lock-outs are prohibited.
Chapter I Economic Rights and Duties
Article 58 Right to Work
(1) Everyone has the right to work.
(2) The duty to work is inseparable from the right to work, except for those persons
whose capacities have been diminished by age, sickness, or disability.
(3) It is the duty of the State, by implementing plans for economic and social policy, to
safeguard the right to work, ensuring:
a) The implementation of full employment policies;
b) Equality of opportunity in the choice of occupation or type of work and conditions
preventing access to any post, work, or professional category being prohibited or
restricted by reason of a person's sex;
c) Cultural, technical, and vocational training for workers.
Article 59 Rights of Workers
(1) All workers, regardless of their age, sex, race, nationality, land of origin, religion, or
political or ideological convictions, are entitled to:
a) Remuneration for their work according to its quantity, nature, and quality, on the
principle of equal pay for equal work, so as to secure to them an appropriate livelihood;
b) The organization of work in conditions making for dignity so as to permit personal self-
fulfillment;
c) Safe and healthy working conditions;
d) Rest and recreation, a limit to the length of the working day, a weekly rest day and
holidays with pay;
e) Material assistance when they are involuntarily unemployed.
(2) It is the duty of the State to secure the conditions of work, remuneration, and rest to
which workers are entitled, in particular by:
a) Fixing and keeping up to date a national minimum wage and maximum wage, having
regard among other factors to workers' needs, the increase in the cost of living, the degree
of development of the forces of production, economic and financial stability, and the
formation of capital for development;
b) Setting limits on the length of working time at the national level;
c) Special protection at work for women during pregnancy and after childbirth, for minors,
for disabled persons, and for those engaged in activities requiring particular effort or
working in unhealthy, poisonous, or dangerous conditions;
d) Systematic development of a network of rest and holiday centers, in co-operation with
welfare organizations;
e) Protecting the working conditions and safeguarding social benefits of emigrant workers.
Article 61 Private Enterprise, Cooperatives, Industrial Self-Management
(1) Private economic enterprise are freely exercised, within the framework set out in the
Constitution and in the law, and with due account to the general interest.
(2) Everyone is recognized the right to freely set up cooperatives, as long as the
cooperative principles are observed.
(3) Cooperatives freely carry on their activities and may join in unions, federations, and
confederations.
(4) The right to industrial self-management is recognized in accordance with the law.
Article 64 Health
(1) Everyone has the right to protection of his or her health and the duty to defend and
foster it.
(2) The right to health protection is to be met by:
a) A universal and general national health service that, taking into account the economic
and social conditions of the citizens, tending to be free of charge;
b) The creation of economic, social, and cultural conditions securing the protection of
children, the young, and the old; the systematic improvement of living and working
conditions; the promotion of physical fitness and sports in school and among the people;
the development of the people's sanitary education.
Article 70 Young People
(1) Young people, especially young people at work, receive special protection for the
purpose of effective enjoyment of their economic, social, and cultural rights, notably with
respect to:
a) Education, vocational training, and culture;
b) Access to a first job, work, and social security;
c) Physical education and sports;
d) The use of leisure-time.
(2) The prime objective of youth policy is to develop in young people their character, a
liking for unfettered creation, and a sense of service to the community, as well as to
create the prerequisites leading to their effective integration in active life.
(3) In conjunction with the families, schools, businesses, neighborhood organizations,
cultural associations, and trusts, recreational and cultural groups, the State
promotes and assists the youth organizations in pursuing the above-mentioned
objectives, as well as the international exchanges of young people.
Article 71 Disabled Persons
(1) Citizens who are physically or mentally disabled enjoy all the rights and be subject to
all the duties embodied in the Constitution, except for the exercise or performance of
those for which their disablement renders them unfit.
(2) The State carries out a national policy for prevention and for the treatment,
rehabilitation, and integration of handicapped persons, developes a form of education to
make society aware of its duties of respect for them and
solidarity with them, and ensures that they enjoy their rights fully, without prejudice to the
rights and duties of their parents or guardians.
Article 82 Sectors in the Ownership of the Means of Production
(1) The co-existence of three sectors with respect to the ownership of the means of
production is safeguarded.
(2) The public sector comprises the means of production that belong to and are managed
by the State or other public bodies.
(3) The private sector comprises the means of production that belong to or are managed
by private persons or private corporate bodies, without prejudice to the provisions in the
following paragraph.
(4) The cooperative and social sector comprise the following:
a) The means of production that belong to and are managed by cooperatives in accordance
with the cooperative principles;
b) The community's means of production that belong to and are managed by local
communities;
c) The means of production that are collectively exploited by workers.
Article 83 Requirements for Collective Ownership
The law defines the ways and means of collective interference in and collective ownership
of the means of production and land, as well as the criteria for fixing the corresponding
compensation.
Article 86 Cooperatives and Experiences in Worker Self-Management
(1) The State stimulates and supports the establishment and activity of cooperatives.
(2) Fiscal and financial concessions to cooperatives and more favorable conditions for
borrowing and for obtaining technical assistance are determined by law.
(3) The State supports viable experiences in worker self-management.
Article 87 Private Businesses
(1) The State supervises compliance with the Constitution and the law on the part of
private businesses and protects small and medium-sized economically viable businesses.
(2) The State intervenes in the management of private businesses only on a temporary
basis, where the law expressly provides to that effect, and, as a rule, subsequently to a
judicial decision.
(3) The law determines which are the basic sectors wherein the activity of private
businesses and other entities of the same nature is forbidden.
Article 88 Economic Activity and Foreign Investment
Economic activity and investment by foreign natural or artificial persons is regulated by
law, to ensure that they contribute to the country's development and to safeguard national
independence and the interests of the workers.
Article 89 Abandoned Means of Production
(1) Abandoned means of production may be expropriated on conditions to be laid down
by law with due regard to the special situation of property of workers who have
emigrated.
(2) Means of production which are unjustifiedly abandoned may also be compulsory given
out on lease, or to a concessionaire, under conditions to be laid down by the law.
Article 90 Workers Participation in Management
Effective participation of workers in the management of the production units of the public
sector has to be safeguarded.
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Article 4 [Discrimination]
(1) The State foundation is laid on the unity of the Romanian people.
(2) Romania is the common and indivisible homeland of all its citizens, without any discrimination on account of race, nationality, ethnic origin, language, religion, sex, opinion, political adherence, property, or social origin.
Article 9 [Unions]
Trade unions may be constituted and pursue their activities in accordance with their own statutes, as provided for by law. They contribute to the defence of the rights and promotion of the professional, economic, and social interests of their members.
Article 26 [Privacy]
(1) The public authorities shall respect and protect the intimate, family, and private life.
(2) Any natural person has the right to freely dispose of himself unless by this he causes an infringement upon the rights and freedoms of others, on public order, or morals.
Article 36 [Assembly]
Public meetings, processions, demonstrations, or any other assembly shall be free and may be organized and held only peacefully, without arms of any kind whatsoever.
Article 37 [Association, Political Parties, Unions]
(1) Citizens may freely associate into political parties, trade unions, and other forms of association.
(2) Any political parties or organizations which, by their aims or activity, militate against political pluralism, the principles of a State governed by the rule of law, or against the sovereignty, integrity, or independence of Romania shall be unconstitutional.
(3) Judges of the Constitutional Court, the Advocates of the People, magistrates, active members of the Armed Forces, policemen, and other categories of civil servants, established by an organic law, may not join political parties.
(4) Secret associations are prohibited.
Article 38 [Work]
(1) The right to work cannot be restricted. Everyone has the free choice of profession and workplace.
(2) All employees have the right to social protection of labor. The protecting measures concern safety and hygiene of work, working conditions for women and the young, the setting up of a minimum wage per economy, weekends, paid annual leave, work carried out under hard conditions, as well as other specific situations.
(3) The normal duration of a working day is of maximum eight hours, on the average.
(4) On equal work with men, women shall get equal wages.
(5) The right to collective labor bargaining and the binding force of collective agreements shall be guaranteed.
Article 39 [Forced Labour]
(1) Forced labour is prohibited.
(2) Forced labour does not include:
a) any service of a military character or activities performed by those who, according to the law, are exempted from compulsory military service for conscientious objection;
b) the work of a sentenced person, carried out under normal conditions, during detention or conditional release; and
c) any services required to deal with a calamity or any other danger, as well as those which are part of normal civil obligations as established by law.
Article 40 [Strikes]
(1) The employees have the right to strike in the defence of their professional, economic, and social interests.
(2) The law shall regulate the conditions and limits governing the exercise of this right as well as the guarantees necessary to ensure the essential services for the society.
Article 46 [Disabled]
The disabled shall enjoy special protection. The State shall ensure the promotion of a national policy of preventive care, treatment, readjustment, education, instruction, and social integration of the disabled, while observing the rights and duties of their parents or legal tutors.
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Article 12 [Freedom and dignity]
(1) People are free and equal in dignity and their rights. Basic rights and liberties are inviolable, inalienable, secured by law, and unchallengeable.
(2) Basic rights and liberties on the territory of the Slovak Republic are guaranteed to everyone regardless of sex, race, color of skin, language, creed and religion, political or other beliefs, national or social origin, affiliation to a nation or ethnic group, property, descent, or another status. No one must 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 assimilation are forbidden.
(4) No one must be restricted in his rights because he upholds his basic rights and liberties.
Article 16 [Humane treatment]
(1) The inviolability of the person and its privacy is guaranteed. It can be limited only in cases defined by law.
(2) No one must be tortured or subjected to cruel, inhuman, or humiliating treatment or punishment.
Article 18 [Forced Labour]
(1) No one must be subjected to forced labour or services.
(2) The provision of section 1 does not apply to
(a) work assigned according to the law to persons serving a prison term or some other punishment substituting for a prison term,
(b) military service or some other service assigned by law in lieu of compulsory military service,
(c) services required on the basis of the law in the event of natural catastrophes, accidents, or other dangers posing a threat to life, health, or property of great value,
(d) activities laid down by law to protect life, health, or the rights of others.
Article 22 [Privacy]
(1) The privacy of correspondence and secrecy of mailed messages and other written documents and the protection of personal data are guaranteed.
(2) No one must violate the privacy of correspondence and the secrecy of other written documents and records, whether they are kept in privacy or sent by mail or in another way, with the exception of cases to be set out in a law. Equally guaranteed is the secrecy of messages conveyed by telephone, telegraph, or other similar means.
Article 28 [Assembly]
(1) The right to assemble peacefully is guaranteed.
(2) Conditions for exercising this right will be set out in a law in the event of assemblies in public places, if such a measure is unavoidable in a democratic society to protect the rights-and liberties of others, public order, health and morality, property, or the security of the state. An assembly must not be made conditional on the issuance of an authorization by a state administration body.
Article 29 [Association]
(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 enactment of rights according to sections 1 and 2 can be restricted only in cases specified by law, if this is unavoidable in a democratic society for reasons of state security, to protect public order, to forestall criminal acts, or to protect the rights and liberties of others.
(4) Political parties and political movements, as well as clubs, societies, and other associations are separated from the state.
Article 35 [Work]
(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 can be specified by law.
(3) Citizens have the right to work. Citizens who are unable to exercise this right through no fault of their own are provided for materially by the state to an appropriate extent. The conditions will be defined by law.
(4) A different regulation of rights listed under sections 1 through 3 can be specified by law for foreign nationals.
Article 36 [Working conditions]
Employees have the right to equitable and adequate working conditions. The law guarantees, above all
- the right to remuneration for work done, sufficient to ensure the employee's dignified standard of living,
- protection against arbitrary dismissal and discrimination at the place of work,
- labor safety and the protection of health at work,
- the longest admissible working time,
- adequate rest after work,
- the shortest admissible period of paid leave,
- the right to collective bargaining.
Article 37 [Unions]
(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, in the same way as it is inadmissible to give some of them a preferential status, be it 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 a measure is unavoidable in a democratic society to protect the security of the state, public order, or the rights and liberties of others.
(4) The right to strike is guaranteed. The conditions will be defined by law. This right does not extend to judges, prosecutors, members of the armed forces and armed corps, and members of the fire brigades.
Article 38 [Welfare and training]
(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 sections 1 and 2 will be set out in a law.
Article 39 [Social security]
(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 sections 1 and 2 will be set out in a law.
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Article 34 [Right to Personal Dignity and Safety)]
Everyone has the right to personal dignity and safety.
Article 35 [Protection of Rights to Privacy and Personality Rights)]
The inviolability of the physical and mental integrity of every person, his privacy and personality rights shall be guaranteed.
Article 37 [Privacy of Correspondence]
(1) The privacy of correspondence and other means of communication shall be guaranteed.
(2) Only a law may prescribe that on the basis of a court order the protection of the privacy of correspondence and other means of communication and the inviolability of personal privacy be suspended for a set time where such is necessary for the institution or course of criminal proceedings or for reasons of national security.
Article 38 [Personal Data]
(1) The protection of personal data shall be guaranteed. The use of personal data contrary to the purpose for which it was collected is prohibited.
(2) The collection, processing, designated use, supervision and protection of the confidentiality of personal data shall be provided by law.
(3) Everyone has the right of access to the collected personal data that relates to him and the right to judicial protection in the event of any abuse of such data.
Article 42 [Right of Assembly and Association]
(1) The right of peaceful assembly and public meeting shall be guaranteed.
(2) Everyone has the right to freedom of association with others.
(3) Legal restrictions of these rights shall be permissible where so required for national security or public safety and for protection against the spread of infectious diseases.
(4) Professional members of the defence forces and the police may not be members of political parties.
Article 49 [Freedom of Work]
(1) Freedom of work shall be guaranteed.
(2) Everyone shall choose his employment freely.
(3) Everyone shall have access under equal conditions to any position of employment.
(4) Forced labour shall be prohibited.
Article 50 [Right to Social Security]
(1) Citizens have the right to social security under conditions provided by law.
(2) The state shall regulate compulsory health, pension, disability and other social insurance, and shall ensure its proper functioning.
(3) Special protection in accordance with the law shall be guaranteed to war veterans and victims of war.
Article 52 [Rights of Disabled Persons]
(1) Disabled persons shall be guaranteed protection and work-training in accordance with the law.
(2) Physically or mentally handicapped children and other severely disabled persons have the right to education and training for an active life in society.
(3) The education and training referred to in the preceding paragraph shall be financed from public funds.
Article 66 [Security of Employment]
The state shall create opportunities for employment and work, and shall ensure the protection of both by law.
Article 76 [Freedom of Trade Unions]
The freedom to establish, operate and join trade unions shall be guaranteed.
Article 77 [Right to Strike]
(1) Employees have the right to strike.
(2) Where required by the public interest, the right to strike may be restricted by law, with due consideration given to the type and nature of activity involved.
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Article 7 [Unions]
Worker unions and associations of employers contribute to the defense and promotion of
their own economic and social interests. Their creation and the exercise of their activity
are free within the observance of the Constitution and the laws. Their internal structure
and operation must be democratic.
Article 28 [Unions, Strikes]
(1) All have the right to unite freely. The law may limit or except from the exercise of this
right the Armed Forces or Military Institutes, or the other Corps subject to military
discipline and shall regulate the peculiarities of its exercise for political functionaries.
Syndical liberty includes the right to found unions and to join the union of one's choice, as
well as the right of the unions to form confederations to found international union
organizations or to join them. No one may be forced to join a union.
(2) The right of workers to strike in defense of their interests is recognized. The law which
regulates the exercise of this right shall establish precise guarantees to insure the
maintenance of essential services of the community.
Article 35 [Work]
(1) All Spaniards have the duty to work* and the right to work, to the free election of
profession or office career, to advancement through work, and to a sufficient
remuneration to satisfy their needs and those of their family, while in no case can there be
discrimination for reasons of sex.
(2) The law shall regulate a statute for workers.
Article 37 [Labor Agreements, Labor Conflicts]
(1) The law shall guarantee the right to collective labor negotiations between the
representatives of workers and employers, as well as the binding force of agreements.
(2) The right of the workers and employers to adopt measures concerning collective
conflict is recognized. The law which shall regulate the exercise of this right, without
prejudice to the limitations it may establish, shall include precise guarantees to insure the
functioning of the essential services of the community.
Article 38 [Free Enterprise]
Free enterprise within the framework of a market economy is recognized. The public
authorities guarantee and protect its exercise and the defense of productivity in
accordance with the demands of the general economy, and as the case may be, in keeping
with planning.
Article 40 [Economic Policies, Worker Protection]
(1) The public authorities shall promote favorable conditions for social and economic
progress and for a more equitable distribution of regional and personal income within the
framework of a policy of economic stability. Special emphasis will be placed on the
realization of a policy aimed at full employment.
(2) Likewise, the public authorities shall promote a policy which guarantees professional
training and readaptation, insures work safety and hygiene, and guarantees necessary rest
through limitations on the length of the work day, paid periodic vacations, and the
promotion of suitable centers.
Article 41 [Social Security, Unemployment Benefits]
The public authorities shall maintain a public system of social security for all citizens
which will guarantee social assistance and services which are sufficient in cases of need,
especially in cases of unemployment. Complementary assistance and services shall be free.
Article 42 [Workers Abroad]
The state shall especially try to safeguard the economic and social rights of Spanish
workers abroad and orient its policy toward their return.
Article 49 [Handicapped]
The public authorities shall implement a policy of prevention, treatment, rehabilitation, and
integration of those who are physically, sensorially, or mentally handicapped, who shall be
given the special attention which they require and be afforded special protection for the
enjoyment of the rights which this Title grants to all citizens.
Article 52 [Professional Organizations]
The law shall regulate the professional organizations which contribute to the defense of
their own economic interests. Their internal structure and operation must be democratic.
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Rights and Freedoms
Article 1
(1) All citizens shall be guaranteed the following in their relations with the public
administration:
1) freedom of expression*: the freedom to communicate information and to express ideas,
opinions and emotions, whether orally, in writing, in pictorial representations, or in any
other way;
2) freedom of information: the freedom to obtain and receive information and otherwise
acquaint oneself with the utterances of others;
3) freedom of assembly: the freedom to organize or attend any meeting for information
purposes or for the expression of opinions or for any other similar purpose or for the
purpose of presenting artistic work;
4) freedom to demonstrate: the freedom to organize or take part in any demonstration in a
public place;
5) freedom of association: the freedom to unite with others for public or private purposes;
and
6) freedom of worship: the freedom to practice one's own religion* either alone or in
company with others.
(7) In the case of the freedom of the press the provisions of the Freedom of the Press Act
shall apply. That act also contains provisions concerning the right of access to public
documents.
Article 14
(1) Freedom of assembly and the freedom to demonstrate may be restricted for the
purpose of preserving public safety and order at the meeting or demonstration, or having
regard to the circulation of traffic. These freedoms may otherwise be restricted only out of
regard for the security of the Realm or for the purpose of combating an epidemic.
(2) Freedom of association may be restricted only in respect of organizations whose
activities are of a military nature or the like, or which involve the persecution of a
population group of a particular race, skin color, or ethnic origin.
Article 15
No Act of law or other statutory instrument may entail the discrimination of any citizen
because he belongs to a minority on grounds of race, skin color, or ethnic origin.
Article 16
No Act of law or other statutory instrument may entail the discrimination of any citizen on
grounds of sex, unless the relevant provision forms part of efforts to bring about equality
between men and women or relates to compulsory military service or any corresponding
compulsory national service.
Article 17
Any trade union or employer or association of employers shall be entitled to take strike or
lock-out action or any similar measure unless otherwise provided by law or arising out of
an agreement.
Article 20
(1) A foreigner within the Realm shall be equated with a Swedish citizen in respect of
1) protection against all coercion to participate in any meeting for the formation of opinion
or in any demonstration or other expression of opinion, or to belong to any religious
congregation or other association (Article 2, second sentence);
2) protection of personal integrity in connection with electronic data processing (Article 3
(2));
3) protection against capital punishment, corporal punishment and torture and against
medical intervention aimed at extorting or preventing statements;
4) the right to have any deprivation of liberty on account of a criminal offence or on
grounds of suspicion of having committed such an offence tested before a court of law
(Article 9 (1) and (3));
5) protection against retroactive penal sanctions and other retroactive effects of criminal
acts and against retroactive taxes, charges or fees (Article 10);
6) protection against the establishment of a court to try a particular case (Article 11 (1));
7) protection against discrimination on grounds of race, skin color, ethnic origin, or sex
(Articles 15 and 16);
8) the right to take strike or lock-out action (Article 17); and
9) the right to compensation in cases of expropriation or other such disposition (Article
18).
(2) Unless otherwise provided by special rules of law, a foreigner within the Realm shall
be equated with a Swedish citizen also in respect of:
1) freedom of expression, freedom of information, freedom of assembly, freedom to
demonstrate, freedom of association, and freedom of worship (Article 1);
2) protection against all coercion to divulge an opinion (Article 2, first sentence);
3) protection against physical violations also in cases other than those referred to in
Articles 4 and 5, against physical search, house searches, or other similar intrusions, and
against violations of confidential communications (Article 6);
4) protection against deprivation of liberty (Article 8, first sentence);
5) the right to have any deprivation of liberty for reasons other than a criminal offence or
suspicion of having committed such an offence tested before a court (Article 9 (2) and
(3));
6) public court proceedings (Article 11 (2));
7) protection against violations on grounds of opinion (Article 12 (2), third sentence); and
8) the rights of authors, artists, and photographers to their works.
(3) With respect to the special provisions referred to in Paragraph (2), the provisions of
Article 12 (3), (4), first sentence, and (5) shall apply.
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Although lawyers and politicians sometimes refer to a 'British Constitution', there is no
single written constitutional document - and therefore no true constitution.
Much of the authority claimed by parliament and the judiciary stems either from arcane
quasi legal instruments such as the Magna Carta (1215) or The Bill of Rights (1688) or
pure conventions. Thus there is, for instance, no specific constitutional obligation of the
courts to apply Acts of Parliament and nothing more than convention to support judicial
precedent itself.
The Crown still holds many powers which are exercised in their name. These 'Prerogative
Powers' include the right to - dissolve parliament; pardon crimes; stop a criminal
prosecution (nolle prosequi); award honours; legislate for the domions (by Orders in
Council); equip the military; make war and peace;destroy private property in time of war;
refuse the release of documents on the grounds of national security; and, define the limits
of territorial waters. The queen cannnot be sued in her private capacity.
In all other matters convention is accepted to dictate that 'Parliament is sovereign'. The
Courts have built up a system of 'common law' based on their historical interpretations of
parliamentary statutes, they also exercise a number of 'prerogative orders' which allow
them to defend the interests of the individual against the use of arbitary powers by bodies
such as local authorities or subsidiary courts. However, no British subject may claim any
'guaranteed' rights since parliament is all powerful and may do anything it chooses by
means of a simple Act.
The Human Rights Act 1998 incorporated the European convention on human rights into English law. It gives the individual greater protection against arbitrary acts by public authorities and also gives the judiciary powers to suspend the operation of secondary legislation. It does not, however, amount to a written constitution, and the UK government has sought to neutralise much of its potential impact.
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