BASIC RIGHTS, FREEDOMS AND DUTIES OF HUMAN BEING AND CITIZEN

ARTICLE 18. Human rights are inviolable and inalienable.
Nobody may deprive a person of any rights or freedoms, or limit him in his rights other than in conformity with the Constitution and other laws.

The human rights and freedoms enumerated in the Constitution and other laws may not be used to deny or downgrade other rights and freedoms.

ARTICLE 19. Turkmenistan guarantees the equality of citizen’s rights and freedoms of a man and citizen, and the equality of a man and citizens before the law regardless of their nationality, race, sex, origin, proprietary or official status, residence, language, attitude to religion, political beliefs or party affiliation or the lack of affiliation with any party.

ARTICLE 20. Men and women in Turkmenistan have equal civil rights. Violation of equality on account of sex entails accountability according to the law.

ARTICLE 21. The exercise of rights and freedoms must not be injurious to the rights and freedoms of other persons, safety or public order, or damage national security.

ARTICLE 22. Any person in Turkmenistan has the right to life and freedom of life. No person may be deprived of his right to life. The right of every person to a free life is protected by the state based on the law.

Capital punishment in Turkmenistan is abolished.

ARTICLE 23. A citizen may not be limited in his rights or deprived of his vested rights, convicted or punished other than in strict conformity with the law.

Nobody may be subjected to torture or cruel, inhuman or degrading treatment or punishment, or be subjected without his consent to medical (medicinal or specialist) or other experiments. A citizen may be arrested only for reasons clearly set out in the law and by a court decision or prosecutor’s sanction. In urgent cases that are clearly stipulated in the law, authorized bodies of state may detain citizens for some time.

ARTICLE 24. Every citizen has the right to state support to receive or purchase comfortable housing or an individual home-building. A home is inviolable. Nobody has the right to enter a home or otherwise violate the inviolability of a home against the wish of its occupants or without legal cause. A man and citizen has the right to protect his home against unlawful infringement.

Nobody may be deprived of a home other than on the grounds established by the law.

ARTICLE 25. Every man has the right to protection against arbitrary interference in his private life, and against attempts on the secrecy of his correspondence, telephone or other communications, and on his honor and reputation.

ARTICLE 26. Every citizen has the right to free movement and free choice of a residence within Turkmenistan.

Restricted access to, and movement in, some territories may be imposed only on the basis of the law.

ARTICLE 27. Upon reaching marriageable age, a man and a woman may enter into wedlock and create a family, subject to mutual consent. Consorts enjoy equal rights in family affairs.

Parents or persons substituting for them are entitled and obliged to educate their children, care for their good health, development and education, prepare them for work, and inculcate cultural values and respect for the law and ethnic traditions. Children of age must care for their parents and assist them.

ARTICLE 28. Citizens of Turkmenistan have the right to freedom of beliefs and their free expression, and the right to information provided it is not a state, official or commercial secret.

ARTICLE 29. Freedom of assembly, demonstration and rally is guaranteed to citizens as envisaged by the law.

ARTICLE 30. Citizens have the right to set up political parties and other public associations to conduct their activities within the framework of the Constitution and other laws.

Political parties and other public organizations may not be created or allowed to operate if they aim to forcibly change the constitutional system, admit of violence in their activities, or campaign against the constitutional rights and freedoms of citizens, engage in propaganda of war or racial, ethnic, social and religious enmity, or infringe on people’s health and morality; it is likewise forbidden to create paramilitary organizations and political parties based on ethnic or religious criteria.

ARTICLE 31. Every citizen has the right to participate in managing the affairs of society and state both directly and through their freely elected representatives.

ARTICLE 32. Citizens have the right to elect and stand for election to bodies of state authority.

Citizens of Turkmenistan have equal rights of access to the civil service in accordance with their abilities and professional training.

ARTICLE 33. Citizens have the right to work, to discretionary choice of a profession, occupation and place of work, and to healthy and safe working conditions.

Hired employees are entitled to remuneration that corresponds to the amount and quality of their work. This remuneration may not be less than the level of subsistence fixed by the state.

ARTICLE 34. Citizens have the right to recreation, which is expressed in the form of a working week of a limited duration, annual paid leave, and weekly days-off.

The state creates conditions conducive to recreation at the place of residence and to rational use of free time.

ARTICLE 35. Citizens have the right to health protection, including free use of the network of public health institutions. Charged medical and non-traditional medical services are allowed on the basis and under the procedure established by the law.

ARTICLE 36 Each man has the right for healthy environment. The State takes control of rational use of natural resources with the aim to improve living conditions and to protect and rehabilitate the environment

Article 37. Citizens have the right to social security in old age, sickness, handicap, disability, bereavement and unemployment.

Families with many children, orphaned children, war veterans and other persons with health impairment resulting from their part in protecting the interests of state or society receive additional support and benefits from the public funds.

ARTICLE 38. Every citizen has the right to education. General secondary schooling is compulsory, and everyone has the right to receive such education at public schools free of charge.

The state provides access to vocational education for all in keeping with their abilities.

Government and non-government organizations and citizens have the right to carry out paid educational activities on the basis of, and under the procedure established by, the law.

The State shall establish educational standards for all educational institutions

ARTICLE 39. Citizens of Turkmenistan have the right to free pursuit of the arts, science and technology. Authors’ rights and citizens’ interests in the exercise of science and technology and in artistic, literary and cultural activities are protected by the law.

The state promotes the development of science, culture, art, folk art, sport, and tourism.

ARTICLE 40. The exercise of rights and liberties is inseparable from the fulfillment by a citizen and a human being of his duties to society and state.

Everyone who resides or temporarily stays in Turkmenistan must comply with the requirements of the Constitution of Turkmenistan and its laws, and respect its national traditions.

ARTICLE 41. Everybody has the sacred duty of helping to defend Turkmenistan. Universal military duty is established for men, citizens of Turkmenistan.

ARTICLE 42. Every person must pay public taxes and other charges under the procedure and in the amounts established by the law.

ARTICLE 43. Citizens are guaranteed legal protection of their honor and dignity, and of their personal and political rights and freedoms as human beings and citizens as envisaged in the Constitution and other laws.

Citizens have the right to appeal to the court against the actions of state bodies and public organizations, and of officials.

ARTICLE 44. Citizens have the right to demand settlement through a court of law for material and moral damage caused to them by unlawful actions of state bodies and other organizations or their employees, and private individuals.

ARTICLE 45. Nobody may be made to give evidence or explanations against himself or next of kin.

Evidence obtained through psychological impact or violence and by other unlawful methods is recognized as legally invalid.

ARTICLE 46. A law that exacerbates a citizen’s position does not have retroactive force. Nobody may be held accountable for actions that were not qualified as a legal offence at the time when such actions were committed.

ARTICLE 47. The exercise of the civil rights and freedoms envisaged in this Constitution may be suspended only in the conditions of an emergency or martial law under the procedure and within the limits established by the Constitution and other laws.