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Part 2 - Fundamental Rights And Freedoms
Chapter One - General provisions
Article..11
International instruments on human rights and freedoms ratified by the Slovak Republic and promulgated under statutory requirements shall take precedence over national laws provided that the international treaties and agreements guarantee greater constitutional rights and freedoms.
Article..12
(1) All human beings are free and equal in dignity and rights. Their fundamental rights and freedoms are inalienable, irrevocable, and absolutely perpetual.
(2) Fundamental rights shall be guaranteed in the Slovak Republic to every person regardless of sex, race, color, language, faith, religion, political affiliation or conviction, national or social origin, nationality or ethnic origin, property, birth or any other status, and no person shall be denied their legal rights, discriminated against or favored on any of these grounds.
(3) Every person has the right to freely decide which national group he or she is a member of. All manner of influence or coercion that may affect or lead to a denial of a person's original nationality shall be prohibited.
(4) No person shall be prevented from exercising his or her fundamental rights and freedoms.
Article..13
(1) No obligations shall be imposed on individuals unless such obligations are in accordance with the law and respect fundamental rights and freedoms.
(2) Limitation of fundamental rights and freedoms shall be imposed only under the conditions set forth in this Constitution.
(3) Restrictions of constitutional rights and freedoms shall be applied equally and consistently in all similar cases.
(4) When imposing restrictions on constitutional rights and freedoms, respect must be given to the essence and meaning of these rights and freedoms and such restrictions shall be used only for specifically defined purposes.
Chapter Two - Fundamental Rights and Freedoms
Article..14
Every person shall be entitled to his or her rights.
Article..15
(1) Everyone has the right to life. Human life is worthy of protection even before birth.
(2) No person may be deprived of life.
(3) The death penalty shall be inadmissible.
(4) No infringement of rights shall occur if a person has been deprived of life as a result of an act not defined as unlawful.
Article..16
(1) The right of every individual to integrity and privacy shall be guaranteed. This right may be limited only in cases specifically provided by law.
(2) No person shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.
Article..17
(1) Personal liberty of every individual shall be guaranteed.
(2) No one shall be prosecuted or deprived of liberty unless for reasons and by methods set by law. No person shall be deprived of liberty merely for his or her inability to fulfill contractual obligations.
(3) A person charged with or suspected of an offence may be arrested only in circumstances provided by law. Anyone who is arrested must be promptly informed of the grounds thereof, and after interrogation within twenty-four hours, the individual must be either released or brought before a court and heard by the judge who shall determine whether the individual shall be kept in pre-trial detention or released.
(4) A person charged with an offence may be arrested only on a written order issued by a judge, and, within twenty-four hours, brought before and heard by the judge, who shall decide whether to release or detain the person.
(5) Pre-trial detention can be imposed only on the grounds and for the period provided by law and determined by the court.
(6) A person may be committed to or held in a medical institution without his or her consent only in cases stipulated by law. Such cases shall be reported to the court within twenty-four hours and the court shall make a decision on such placement within five days.
(7) A psychological examination of the person charged with an offence is permissible only on a written court order.
Article..18
(1) No one may be subjected to forced labor or services.
(2) Section (1) of this Article shall not apply to:
* a) prisoners or persons sentenced to alternatives of imprisonment,
* b) military service or other services performed in lieu of compulsory service in the armed forces,
* c) services lawfully required in cases of natural disasters, calamities and other events threatening the lives, health or valuable property of citizens,
* d) activities lawfully required for the protection of life, health and rights of other people.
Article..19
(1) Every person shall have the right to maintain and protect his or her dignity, honor, reputation and good name.
(2) Everyone shall have the right to be free from unjustified interference in his or her privacy and family life.
(3) Anyone has the right to be protected against unwarranted collection, disclosure, and other misuse of personal information.
Article..20
(1) Everyone has the right to own property. Property rights of all owners shall be uniformly construed and equally protected by law. The right of inheritance is guaranteed.
(2) For the purposes of safeguarding the needs of the society, the interests of the general public, and the advancement of the national economy, the law shall establish certain property (including that defined in Article 4) as the exclusive property of the State, the municipality or specific corporate bodies. In addition, the law can specify which property may be owned only by individual citizens or corporations residing in the Slovak Republic.
(3) Ownership limits. Property may not be misused to cause injury to another person or in contradiction to the public interests protected by law. The exercise of property rights must not be detrimental to the health of other people, wild life, cultural sites or the environment beyond the standards fixed by law.
(4) Expropriation or restrictions on property rights shall be imposed only to the extent legally justified for the protection of the public interest and shall be justly compensated.
Article..21
(1) The sanctity of the home shall be inviolable. Entrance without permission of the person residing therein is unlawful.
(2) A search shall be justified only in circumstances connected with criminal proceedings and warranted by a written order issued by a judge. The methods of such a search shall be specified by law.
(3) Other infringements upon the inviolability of the home shall be legally justified only in circumstances where, in a democratic society, it is necessary to protect life, health, property, civil rights and freedoms or to avert a serious threat to public order. In cases where the home is used for business and other enterprising activities, such infringement may be legally justified for the purposes of public administration.
Article..22
(1) Secrecy of letters, other communications and written messages delivered by post and personal information shall be guaranteed.
(2) No one shall violate the secrecy of letters, other communications and written messages kept private or delivered by post or otherwise, except in cases specified by law. This provision applies to communications delivered by telephone, telegraph and other similar means.
Article..23
(1) Freedom of movement and residence shall be guaranteed.
(2) Everyone residing legally in the Slovak Republic has the right to leave the country.
(3) Freedoms defined in sections (1) and (2) of this Article may be limited by law only if such limits are necessary in order to protect national security, public order, the health, rights and freedoms of other people, or in order to protect the environment in designated areas.
(4) Every citizen is free to enter the Slovak Republic. No citizen may be forced to emigrate or be expelled from his or her native country or be extradited to a foreign country.
(5) Aliens may be expelled only in cases provided by law.
Article..24
(1) Freedom of thought, conscience, religion and faith shall be guaranteed. This right shall include the right to change religion or faith and the right to refrain from a religious affiliation. Every person shall be entitled to express his or her opinion publicly.
(2) Every person shall have the right to express freely his or her own religious conviction or faith alone or in association with others, privately or publicly, by worship, religious services or ceremonies and participation in religious instruction.
(3) Churches and ecclesiastical communities shall administer their own affairs. All ecclesiastic authorities and appointments, religious instruction, establishment of religious orders and other religious institutions shall be separate from the State authorities.
(4) The rights under sections (1) to (3) of this Article can be legally restricted only as a measure taken in a democratic society for the protection of the public order, health, morality, and rights and freedoms of other people.
Article..25
(1) The defence of the Slovak Republic is the honorable privilege and duty of every citizen.
(2) No person may be forced to perform military duties if it is contrary to his or her conscience or religious faith or conviction. Further details shall be specified by law.
Chapter Three - Political Rights
Article..26
(1) Freedom of expression and the right to information shall be guaranteed.
(2) Every person has the right to express his or her opinion in words, writing, print, images and any other means, and also to seek, receive and disseminate ideas and information both nationally and internationally. No approval process shall be required for publication of the press. Radio and television companies may be required to seek permission from governmental authorities to set up private businesses. Further details shall be provided by law.
(3) Censorship shall be prohibited.
(4) Freedom of expression and the right to receive and disseminate information may be lawfully limited only where, in a democratic society, it is necessary to protect rights and freedoms of others, state security, law and order, health and morality.
(5) Governmental authorities and public administration shall be obligated to provide reasonable access to the information in the official language of their work and activities. The terms and procedures of the execution thereof shall be specified by law.
Article..27
(1) The right to petition shall be guaranteed. Every person shall have the right to address governmental authorities and public administration in individual and public matters with petitions, proposals, and complaints either individually or in association with other persons.
(2) No petition may involve the infringement of fundamental rights and freedoms.
(3) No petition may interfere with the independence of the judiciary.
Article..28
(1) The right to peaceful assembly shall be guaranteed.
(2) The conditions under which this right may be exercised shall be provided by law in cases of meetings held in public places where, in a democratic society, it is necessary to protect rights and freedoms of other persons, public order, health and morality, property or state security. No approval by public administration shall be required for such meetings.
Article..29
(1) The right of free association shall be guaranteed. Everyone has the right to associate freely with other persons in unions, societies and other associations.
(2) Citizens may form political parties and political movements and associate therein.
(3) The exercise of rights in sections (1) and (2) of this Article may be limited only in cases justified by law where, in a democratic society, it is necessary to protect national security and public order, prevent crime and protect rights and freedoms of other persons.
(4) Political parties and political movements, as well as unions, societies or associations shall be separate from the State.
Article..30
(1) Citizens shall have the right to participate in the administration of public affairs directly or by freely elected representatives.
(2) Elections shall be held within periods of time not exceeding the terms fixed by law.
(3) The right to vote shall be exercised through equal, universal and direct suffrage by secret ballot. The terms thereof shall be specified by law.
(4) All citizens shall have equal access to elected or public offices.
Article..31
The regulation of political rights and freedoms, and the interpretation and usage thereof shall facilitate and protect political competition in a democratic society.
Article..32
If the activities of constitutional authorities or the application of legal rules have become ineffective, every citizen shall have the right to resist anyone who would abolish the democratic functioning of human rights and fundamental freedoms set forth in this Constitution.
Chapter Four - The Rights of National Minorities and Ethnic Groups
Article..33
Membership in any national minority or ethnic group may not be used to the detriment of any individual.
Article..34
(1) Citizens of national minorities or ethnic groups in the Slovak Republic shall be guaranteed their full development, particularly the rights to promote their cultural heritage with other citizens of the same national minority or ethic group, receive and disseminate information in their mother tongues, form associations, and create and maintain educational and cultural institutions. Details thereof shall be fixed by law.
(2) In addition to the right to learn the official language, the citizens of national minorities or ethnic groups shall, under provisions fixed by law, also be guaranteed:
* a) the right to be educated in a minority language,
* b) the right to use a minority language in official communications,
* c) the right to participate in decision-making in matters affecting the national minorities and ethnic groups.
(3) The exercise of rights by citizens of a national minority guaranteed by this Constitution may not threaten the sovereignty and territorial integrity of the Slovak Republic or discriminate against other citizens.
Chapter Five - Economic, Social and Cultural Rights
Article..35
(1) Every person shall have the right to choose freely his or her profession and to receive appropriate training, as well as the right to earn his or her living through entrepreneurial activities.
(2) Terms of, or restrictions on, specific professions, trades or activities may be regulated by law.
(3) Citizens shall have the right to work. The State shall guarantee, within reasonable limits, the material welfare of those who cannot enjoy this right through no fault of their own. The terms thereof shall be specified by law.
(4) The rights of aliens provided in sections (1) to (3) of this Article, as concerns aliens, may be governed under a separate law.
Article..36
All employees shall have the right to fair and satisfactory conditions at work. The law shall provide in particular for:
* a) the right to compensation for the work performed to secure a dignified standard of life,
* b) the security from arbitrary dismissal and discrimination at work,
* c) the protection of health and safety at work,
* d) the setting of maximum working hours,
* e) reasonable rest time after work,
* f) a minimum amount of paid vacation,
* g) the right of collective bargaining.
Article..37
(1) Every person shall have the right to associate freely with other persons to protect their economic and social interests.
(2) Trade unions shall be independent of the State. There shall be no restrictions on the number of trade unions, and no encouragement of specific unions in certain companies or industries.
(3) The activities of trade unions and other associations formed to protect economic and social interests may be limited by law only where, in a democratic society, such measures may be necessary for the protection of the national security, public order, and rights and freedoms of other persons.
(4) The right to strike shall be guaranteed. The terms thereof shall be provided by law. Judges, prosecutors, members of the armed forces, and members of fire squads shall be disqualified from the exercise of this right.
Article..38
(1) Women, minors, and disabled persons shall enjoy more extensive health protection and special working conditions.
(2) Minors and disabled persons shall enjoy special protection in employment relations and special assistance in training.
(3) Further details of the rights defined in sections (1 ) and (2) of this Article shall be specified by law.
Article..39
(1) Citizens shall be entitled to adequate material security in their old age, as well as in cases of disability, and death of the family's principal provider.
(2) Any person suffering material hardship, shall have the right to such assistance as may be necessary to secure his or her fundamental standard of life.
(3) Further details of rights defined in sections (1) and (2) of this Article shall be provided by law.
Article..40
Every person shall have the right to protect his or her health. Through medical insurance, the citizens shall have the right to free health care and medical equipment for disabilities under the terms to be provided by law.
Article..41
(1) Matrimony, parentage, and family shall be protected by law. Special protection shall be enjoyed by children and young persons.
(2) Pregnant women shall be entitled to special treatment, terms of employment, and working conditions.
(3) Equal rights shall be guaranteed to both children born of legitimate matrimony and those born out of lawful wedlock.
(4) Child care and upbringing shall be the right of parents; children shall have the right to parental care and upbringing. The rights of parents may be limited and minor children may be separated from parents against the parents' will only by a court order as provided by law.
(5) Parents taking care of their children shall have the right to assistance provided by the State.
(6) Further details of the rights defined in sections (1) to (5) of this Article shall be set by law.
Article..42
(1) Every person shall have the right to education. School attendance is compulsory. Length of attendance shall be fixed by law.
(2) Citizens shall have the right to free education in elementary and secondary schools, and, depending on the abilities of the individual and the potential of the society, also in institutions of higher education.
(3) The establishment of, and instruction in, schools other than state (public) schools shall be possible only under the terms provided by law; such schools may collect tuition fees.
(4) Eligibility for financial assistance for students from public funds shall be provided by law.
Article..43
(1) Freedom of scientific research and freedom of artistic expression shall be guaranteed. Intellectual property rights shall be protected by law.
(2) The right of access to cultural heritage shall be guaranteed under the terms fixed by law.
Chapter Six - The Right to Protect the Enviroment and Cultural Heritage
Article..44
(1) Every person shall have the right to favorable environment.
(2) Every person shall have a duty to protect and improve the environment and foster cultural heritage.
(3) No person shall imperil or damage the environment, natural wealth and cultural heritage beyond the limits set by law.
(4) The State shall be responsible for the economical use of natural resources, an ecological balance and an effective environmental policy.
Article..45
Every person shall have the right to full and timely information on the environmental situation, and reasons and consequences thereof.
Chapter Seven - Right to Judicial and Other Legal Protection
Article..46
(1) Every person may claim his or her right by procedures established by law at an independent and impartial court of law or other public authority of the Slovak Republic in cases specified by law.
(2) Any person who claims to have been denied his or her rights through a decision made by a public authority may turn to a court of law to have the legality of the decision reviewed, unless otherwise provided by law. The review of decisions in matters of fundamental rights and freedoms shall not be excluded from the jurisdiction of courts of law.
(3) Every person shall have the right to recover damages for a loss caused by an unlawful decision of the court, a governmental or public authority or by improper official procedure.
(4) Details and terms of the judicial and other legal protection shall be regulated by law.
Article..47
(1) Every person shall have the right to refuse to give testimony which might incriminate that person or another person close to him or her.
(2) Every person shall have the right to counsel from the outset of proceedings before any court of law, or a governmental or public authority as provided by law.
(3) All parties to any proceedings under section (2) of this Article shall be treated equally under the law.
(4) A person who claims not to know the language used in the proceedings under section (2) of this Article shall have the right to an interpreter.
Article..48
(1) No one may be taken out of the competence of his or her judge. The jurisdiction of courts shall be defined by law.
(2) Every person has the right to have his or her case tried publicly without unreasonable delay, to be present at the proceedings, and to object to any evidence given therein. The public can be excluded only in cases specified by law.
Article..49
The law shall define all offenses, the punishment or the measure restricting personal or property rights to be imposed on the offender in particular cases.
Article..50
(1) The courts of law alone shall decide the guilt of, and punishment for, the offender.
(2) Any person charged with an offense shall be presumed innocent until proven guilty as finally adjudged by the court.
(3) Any person charged with an offense shall have the possibility to prepare his or her defense during such time as may be deemed necessary and shall have the right to defend the case by himself or herself and by a counsel.
(4) Any person charged with an offense shall have the right to refuse to give testimony. This right may not be denied to that person under any circumstances.
(5) When finally convicted or acquitted of an offense, no person may be prosecuted for that same offense again. This principle does not preclude an exceptional remedy provided by law.
(6) Any criminal conduct shall be determined by, and punished under, the law effective at the time of the act. The law passed after the commission of the offense shall apply only if the law is more beneficial to the offender.
Chapter Eight - Part One and Part Two Joint Provisions
Article..51
The rights defined in articles 35, 36, 37 section (4), 38 to 42 and 44 to 46 of this Constitution may be claimed only within the limits of the law providing for the exercise thereof.
Article..52
(1) Whenever the term "citizen" is used in Part One and Part Two of this Constitution, it means a citizen of the Slovak Republic.
(2) Unless expressly designated only for the citizens of the Slovak Republic, aliens shall enjoy the same fundamental rights and freedoms guaranteed by this Constitution.
(3) Whenever the term "citizen" is used in any previous rules, it means any person provided the rights and freedoms are guaranteed by this Constitution, irrespective of the, citizenship.
Article..53
The Slovak Republic shall grant asylum to aliens persecuted for the exercise of political rights and freedoms. Such asylum may be denied to those who have acted to violate the fundamental human rights and freedoms. Details shall be provided by law.
Article..54
Judges and prosecutors may be denied the right of free enterprise and other business activities and the right defined in Article 29, section (2), civil servants holding offices specified by law may also be denied the right defined in Article 37 section (4), members of the armed forces may also be denied the rights defined in Articles 27 and 28 in cases where these rights interfere with the exercise of their duties. The right to strike may be denied to those working in professions immediately involved in the protection of life and health.
