Fundamental Freedoms And Rights Of Man And Citizen | |||||||||||||||||||
Fundamental Freedoms And Rights Of Man And Citizen- Constitution of Croatia | |||||||||||||||||||
Fundamental Freedoms And Rights Of Man And Citizen
- Constitution of the Republic of Croatia. Government and Croatian Laws.
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Fundamental Freedoms And Rights Of Man And Citizen
III FUNDAMENTAL FREEDOMS AND RIGHTS OF MAN AND CITIZEN1. Common Provisions
All shall be equal before the law.
Members of all nations and minorities shall be guaranteed freedom to express their national identity, freedom to use their language and script, and cultural autonomy.
The extent of such restrictions shall be adequate to the nature of the danger, and may not result in the inequality of citizens in respect of race, color, sex, language, religion, national or social origin. Not even in the case of immediate danger to the existence of the state may restrictions be imposed on the application of the provisions of this Constitution concerning the right to life, prohibition of torture, cruel or unusual treatment or punishment, and on the legal definitions of penal offenses and punishments, and on freedom of thought, conscience and religion.
The right to appeal may exceptionally be denied in cases specified by law if other legal protection is ensured.
Judicial review of the legality of individual acts of administrative authorities and bodies vested with public powers shall be guaranteed.
2. Personal and Political Freedoms and Rights
In the Republic of Croatia there shall be no capital punishment.
No one shall be deprived of liberty, nor may his liberty be restricted, except when so specified by law, which shall be decided by a court.
Forced and obligatory labor shall be forbidden.
The police may without a court order arrest a person reasonably suspected of having committed a serious criminal offense defined by law, and shall immediately hand him over to the court. The arrested person shall be immediately informed in a way understandable to him of the reasons for arrest and of his rights determined by law. Any person arrested or detained shall have the right to appeal to the court, which shall without delay decide on the legality of the arrest.
Anyone who is detained and accused of a penal offense shall have the right within the shortest term specified by law to be brought before a court, and within the statutory term to be acquitted or convicted. A person in custody may be released on legal bail to defend himself. Any person who has been illegally deprived of liberty or convicted shall, in conformity with law, be entitled to damages and a public apology.
A charged and accused person shall not be forced to testify against himself or to admit his guilt. Illegally obtained evidence shall not be admitted in court proceedings.
No one may again be tried for an act for which he was already sentenced and for which a final court judgement was passed. No criminal proceedings shall be renewed against a person acquitted by a final court judgement.
Every citizen of the Republic shall have the right at any time to leave the state territory and permanently or temporarily to settle abroad, and at any time to return home. The right of movement within the Republic and the right to enter or leave it may exceptionally be restricted by law, if this is necessary to protect the legal order, or the health, rights and freedoms of others.
No alien who legally finds himself on the territory of the Republic shall be banished or extradited to another state, unless a decision made in accordance with an international agreement or law is to be enforced.
Only a court may by a warrant based on law and a statement of reasons order the search of a home or other premises. The tenant concerned shall have the right, personally or through his representatives and two obligatory witnesses, to be present at the search of his home or other premises. Subject to conditions spelled out by law, police authorities may even without a court warrant or consent from the tenant enter his home or premises and carry out a search in the absence of witnesses, if this is indispensable to enforce an arrest warrant or to apprehend the offender, or to prevent serious danger to life or major property. A search aimed at finding or securing evidence, which there is reasonable probability to believe is to be found in the home of the perpetrator of a penal offense, may only be carried out in the presence of witnesses.
Restrictions necessary for the protection of the Republic's security and the conduct of criminal proceedings may only be prescribed by law.
Protection of data and supervision of the work of information systems in the Republic shall be regulated by law. The use of personal data contrary to the purpose of their collection shall be prohibited.
Freedom of expression shall specifically include freedom of the press and other media of communication, freedom of speech and public expression, and free establishment of all institutions of public communication. Censorship shall be forbidden. Journalists shall have the right to freedom of reporting and access to information. The right to correction shall be guaranteed to anyone whose constitutionally determined rights have been violated by public communication.
Religious communities shall be free, in conformity with law, publicly to perform religious services, open schools, teaching establishments or other institutions , social and charitable institutions and to manage them, and shall in their activity enjoy the protection and assistance of the state.
The right to free association shall be restricted by the prohibition of any violent threat to the democratic constitutional order and the independence, unity and territorial integrity of the Republic.
In elections for the Croatian Parliament and the President of the Republic, the Republic shall ensure suffrage to all citizens who at the time of the elections find themselves outside its borders, so that they may vote in the states in which they find themselves or any other way specified by law.
Conscientious objection shall be allowed to all those who for religious or moral beliefs are not willing to participate in the performance of military duties in the armed forces. Such persons shall be obliged to perform other duties specified by law. 3. Economic, Social and Cultural Rights
Ownership implies obligations. Holders of the right to ownership and its users shall contribute to the general welfare. A foreign person may acquire the right to ownership under conditions spelled out by law. The right to inheritance shall be guaranteed.
The state shall ensure all entrepreneurs an equal legal status on the market. Monopolies shall be forbidden. The Republic shall stimulate economic progress and social welfare and shall care for the economic development of all regions. The rights acquired through the investment of capital shall not be lessened by law, nor by any other legal act. Foreign investors shall be guaranteed free transfer and repatriation of profit and the capital invested.
Entrepreneurial freedom and property rights may exceptionally be restricted by law for the purposes of protecting the interests and security of the Republic, nature, the human environment and human health.
The tax system shall be based on the principles of equality and equity.
The way in which goods of interest to the Republic may be used and exploited by holders of rights to them and by owners, and compensation for the restrictions imposed on them, shall be regulated by law.
The National Bank of Croatia shall, within the framework of its rights and duties, be responsible for the stability of the currency and for general payment liquidity at home and abroad. The National Bank of Croatia shall be independent in its work and shall be responsible to the Croatian Parliament. Profits made through the operations of the National Bank of Croatia shall accrue to the state budget. The status of the National Bank of Croatia shall be regulated by law.
Everyone shall be free to choose his vocation and occupation, and all work places and duties shall be accessible to everyone under the same conditions.
Maximum working hours shall be regulated by law. Every employed person shall have the right to a weekly rest and annual holidays with pay, and may not renounce these rights. Employed persons may, in conformity with law, participate in decision-making in the firms in which they work.
Rights in connection with childbirth, maternity and child care shall be regulated by law.
The Republic shall ensure special care for the protection of disabled persons and their inclusion in social life. Receiving humanitarian aid from abroad may not be forbidden.
Trade unions may form their federations and associate in international trade union organizations. Formation of trade unions in the armed forces and the police may be restricted by law.
The right to strike may be restricted in the armed forces, the police, government administration and the public services specified by law.
Marriage and legal relations in marriage, common-law marriage and families shall be regulated by law.
Parents shall be responsible for ensuring their children the right to the full and harmonious development of their personalities. Physically and mentally handicapped and socially neglected children shall have the right to special care, education and welfare. Children shall be bound to take care of old and helpless parents. The republic shall take special care of parentless minors and of parentally neglected children.
Children may not be employed before reaching the legally determined age, nor may they be forced or allowed to do work which is harmful to their health or morality. Young people, mothers and disabled persons shall be entitled to special protection at work.
Everyone shall have access, under the same conditions, to secondary and higher education in accordance with the abilities.
Universities shall independently decide on their organization and work in conformity with law.
The Republic shall stimulate and assist the development of science, culture and the arts. The Republic shall protect scientific, cultural and artistic goods as spiritual national values. Protection of moral and material rights deriving from scientific, cultural, artistic, intellectual and other creative endeavour shall be guaranteed. The Republic shall promote physical culture and sports.
The Republic shall ensure citizens the right to a healthy environment. Citizens, government, public and economic bodies and associations shall be bound, within their powers and activities, to pay special attention to the protection of human health, nature and the human environment. Historical Foundations
| Basic Provisions
| Fundamental Freedoms And Rights Of Man And Citizen
| Common Provisions
| Personal and Political Liberties and Rights
| Economic Social and Cultural Rights
| Organisation of Government
| Croatian Parliament
| President of the Republic of Croatia
| Government of the Republic of Croatia
| Judicial Power
| Public Prosecution Service
| Constitutional Court of the Republic of Croatia
| Community Level Local and Regional Self Government
| International Relations
| International Treaties
| Association and Dissociation
| Amending The Constitution Transitional And Concluding Provisions
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