Basic Rights Liberties and Obligations

- Constitution of Estonia

CHAPTER II: Basic Rights, Liberties and Obligations

Article 8. Every child, one of whose parents is a citizen of Estonia, has the right to Estonian citizenship. Everyone, who has lost Estonian citizenship as a child, has the right to reclaim that citizenship. Nobody should be deprived of his or her Estonian citizenship acquired at birth. Nobody should be deprived of his or her Estonian citizenship because of any convictions held by that person. The terms and procedures for acquiring, losing and reclaiming Estonian citizenship are established by the citizenship law.

Article 9. The rights, liberties and obligations of all and each, as enumerated in the constitution, are shared equally among Estonian citizens as well as citizens of foreign states staying in Estonia and persons without citizenship. The rights, liberties and obligations enumerated in the constitution also extend to legal entities inasmuch as they are in keeping with the general goals of such legal entities, and the nature of such rights, liberties and obligations.

Article 10. The rights, liberties and obligations enumerated in this article do not exclude other rights, liberties and obligations that derive from the meaning of the constitution or are compatible with it, and correspond to the principles of human dignity and a social, democratic state of justice.

Article 11. The rights and liberties can be restricted only in accordance with the constitution. Only such restrictions deemed necessary in a democratic society could be used, and they should not distort the essence of the rights and liberties being limited.

Article 12. Everybody is equal under the law. Nobody should be discriminated against because of nationality, race, skin color, gender, language, origin, creed, political or other convictions, and also not because of their economic and social status, or some other factor. Stirring up national, racial, religious or political hatred is prohibited and punishable by law. Also prohibited and punishable by law are attempts to stir hatred, violence and discrimination between different segments of society.

Article 13. Everyone has the right to protection by the state and under the law. The state of Estonia protects its citizen even in a foreign state. The law protects everyone from the arbitrary use of power by the state.

Article 14. Guaranteeing the rights and liberties is the task of the legislative, executive and judical powers and the local governments.

Article 15. Everyone has the right to seek court action in case of infringement on one's rights and liberties. Everyone can request that whatever law, regulatory measure or legal proviso relating to the review of one's case be declared unconstitutional. The court will follow the constitution and declare unconstitutional any law, regulatory measure or legal proviso that violates the rights and liberties stipulated by the constitution, or that is in some other way in conflict with the constitution.

Article 16. Everyone has the right to life. This right is protected by law. Nobody should be deprived of life arbitrarily.

Article 17. Nobody's honor or good name should be disgraced.

Article 18. Nobody should be tortured, subjected to cruel or humiliating treatment, or punished. Nobody should, against his or her will, be subjected to medical of scientific experimentation.

Article 19. Everyone is entitled to the freedom of self-realization. Everyone should, in the course of exercising one's rights and liberties, and carrying out one's duties, respect and consider the rights and liberties of other people, and comply with the law.

Article 20. Everyone has the right to freedom and inviolability of one's person. A person can be deprived of one's freedom only in cases, and according to procedures, specified by law: (1) to carry out an indictment or arrest ordered by the court; (2) for non-compliance with a court's decision, or as a guarantee for meeting some obligation stipulated by law; (3) to prevent crime or civil law violations, or to deliver someone justifiably suspected of such a violation to a competent state authority, or to prevent such a person from escaping; (4) to arrange custodial supervision for a minor, or to deliver such a minor to a competent state agency, for a ruling to arrange for such custody; (5) to detain a contagious or a mental patient, an alcoholic or a narcotics user, if such a person represents a danger to him or herself or to others; (6) to prevent illegal settling in Estonia, or to expel or extradite a person to a foreign state. Nobody should be deprived of freedom solely because of his or her inability to meet a contractual obligation.

Article 21. Everyone deprived of his or her freedom will be told promptly, and in a language and manner understandable to that person, why he or she was detained, what his or her rights are, and given a chance to notify his or her kin of such loss of freedom. Those suspected of a crime will also be given a chance to pick his or her defender immediately, and to meet with that defender. The right of a person suspected of crime to notify his or her kin of being detained could be restricted only in cases, and according to procedures, stipulated by law, in order to deter a crime or ascertain the truth in a criminal investigation. Nobody should be detained for more than 48 hours without appropriate authority to do so from the court. The decision of the court will be imparted to the detainee in a language and in a manner comprehensible to that person.

Article 22. Nobody should be considered guilty of a crime, until a court indictment goes into effect regarding that person. Nobody is obligated to prove his or her innocence in a criminal investigation. Nobody should be forced to testify against oneself or any of one's kin.

Article 23. Nobody should be found guilty of an act, if such an act was not considered illegal at the time it was committed. Nobody should be given a sentence more severe than that which could have been given him or her at the time the law was violated. If the law stipulates a lighter sentence after the violation was committed, the lighter sentence should be applied. Nobody should be taken to court or punished for a second time for an act that had resulted in a final guilty verdict or in that person being acquitted.

Article 24. Nobody should, against his or her will, be transferred from the legally determined jurisdiction of one court to that of another. Everyone has the right to be present at the discussions in his or her court case. Court sessions are public. The court can, in cases and according to procedures stipulated by law, declare its session or any part of it to be closed to protect business secrets, morality, or the privacy of people's family or individual lives, or in cases where this is deemed necessary for the sake of a minor, a victim or the due process of law. A court's decision will be announced publicly, except in cases where the interests of a minor, a spouse or a victim make it necessary to act otherwise. Everyone has the right to appeal the court's decision made in his or her case, in a higher court, according to procedures established by law.

Article 25. Everyone has the right to be compensated for damages, moral or material, illegally caused by any party.

Article 26. Everyone has the right to the sanctity of one's family and private life. State agencies, local authorities and their employees should not interfere in anyone's family or private life, except in cases and in the manner specified by law for reasons of health, morality, public order or for the protection of other people's rights and liberties, in order to deter a crime or catch a criminal.

Article 27. The family, as the nucleus for the nation's society, preservation, and growth, is protected by the state. Spouses have equal rights. Parents have the right and the responsibility to raise their children and take care of them. The law stipulates protection for both parents and children. The family is obligated to take care of its members who need help.

Article 28. Everyone is entitled to the protection of one's health. An Estonian citizen is entitled to state assistance due to old age, inability to work, and loss or lack of support. The kinds and the extent of such assistance, along with the conditions and procedures for receiving it, are established by law. Unless otherwise specified by law, Estonian citizens share this right equally with citizens of other states staying in Estonia, and persons without citizenship. The state encourages welfare through volunteer and local administrative agencies. Families with many children and persons with handicaps are under special protection of local administrative authorities.

Article 29. An Estonian citizen has the right to choose his or her field of activity, profession or place of employment. The law may establish the conditions and the manner of exercising this right. Unless otherwise specified by law, Estonian citizens share this right equally with citizens of foreign states staying in Estonia, and persons without citizenship. Nobody should be forced to any work or service, against his or her will, except military service or its alternative, work to contain the spread of a contagious disease, emergency work in cases of natural disasters or catastrophies, and the work to be performed by a convicted criminal, in accordance with, and in a manner specified by law. The state regulates vocational training and assists job applicants in finding work. Working conditions are controlled by the state. Everyone is free to belong to associations formed for employees or employers. Employee or employer associations can stand up for their rights and legal interests by means that are not prohibited by law. Conditions and procedures for using the right to strike are specified by law. The procedures for settling labor disputes are specified by law.

Article 30. Positions in state offices and local administrative units are filled with citizens of Estonia, according to and in the manner specified by law. In accordance to law, these positions could, in exceptional cases, also be filled with citizens of a foreign state or persons without citizenship. The law can restrict the right of some categories of civil servants to engage in entrepreneurship or to participate in a business venture run for profit (Article 31), and the right to belong to political parties and some kinds of non-profit organizations (Article 48).

Article 31. Estonian citizens have the right to engage in business ventures and to participate in ventures and alliances operated for profit. The conditions and procedures for exercising that right can be established by law. Unless otherwise specified by law, Estonian citizens share this right equally with citizens of foreign states staying in Estonia and persons without citizenship.

Article 32. Everyone's property is inviolable and protected equally. Property can be expropriated without the consent of the owner only in cases and in the manner specified by law, for the common good, and for just and immediate compensation. Everyone, whose property has been expropriated without his or her consent, has the right to take the matter to court, and to dispute its expropriation, compensation or the amount of the latter. Everyone has the right to freely hold, use and manage one's own property. Restrictions will be established by law. Property should not be used in ways that are contrary to common good. The law may, as a matter of general interest, specify the kinds of property that can be owned only by citizens of Estonia, some types of legal entities, local administrative units, or the state of Estonia. Inheritance rights are guaranteed.

Article 33. A person's home is inviolable. Nobody's living space, holdings, or place of employment should be invaded or searched, except in cases and in the manner specified by law, to protect public order, health or the rights and liberties of other people; to deter crime, catch a criminal or ascertain the truth in a criminal investigation.

Article 34. Everyone living in Estonia legally has the right to move freely and choose one's own residence. The right to move freely can be restricted, in cases and in the manner specified by law, to protect other people's rights and liberties, to help with state security, to cope with a natural disaster or catastrophe, to contain the spread of a contagious disease, to contribute to environmental protection, to prevent leaving a minor or a mental case unsupervised, and to guarantee criminal investigation.

Article 35. Everyone has the right to leave Estonia. This right can be restricted, in cases and in the manner specified by law, to ensure pre-trial investigation and to carry out a court's decision.

Article 36. No Estonian citizen could be expelled from, or prevented from settling in Estonia. No Estonian citizen could be extradited by a foreign state except in cases specified in foreign agreements, and in the manner specified by such agreements and by the law. Extradition decisions will be made by the Government of the Republic. Every person subject to extradition can dispute the extradition in an Estonian court. Every Estonian has the right to settle in Estonia.

Article 37. Everyone has the right to education. Schooling is mandatory for minors to the extent specified by law, and free of tuition in the public general education institutions of the state or local administrative units. To make education accessible, the state and local administrative governments maintain a necessary number of educational institutions. In accordance with law, other kinds of learning institutions can be opened and maintained, including private schools. In making educational choices for a minor, the parents have the final say. Everyone has the right to get his or her instruction in Estonian. The language to be used for instruction in minority schools will be determined by such a school. Educational providers are supervised by the state.

Article 38. Science and arts, along with related teaching, are practiced freely. Universities and scientific institutions are autonomous within the limits prescribed by law.

Article 39. An author has an inalienable right to his or her production. The state protects the rights of an author.

Article 40. Everyone has the freedom of conscience, religion and thought. People are free to belong to churches and religious organizations. There is no state church. Everyone has the right, individually and with others, either publicly or privately, to follow religious observances, as long as they do not interfere with public order, health or morality.

Article 41. Everyone has the right to remain true to one's opinions and convictions. Nobody should be forced to change them. One's convictions cannot be used as an excuse for breaking the law. Nobody can be held legally liable for his or her convictions.

Article 42. State agencies, local government offices and their employees should not, against the will of an Estonian citizen, collect or store data on his or her personal convictions.

Article 43. Everyone has the right to secrecy of communications sent by or to him or her via mail, telegraph, telephone or some other generally used means of transmission. Exceptions can be made, with the court's permission, to deter crime or to ascertain the truth in a criminal investigation, in cases, and in the manner specified by law.

Article 44. Everyone is guaranteed free access to public information. All state offices, local administrative governments and their employees are obligated, in a manner specified by law, to give to a citizen of Estonia, at his or her request, information about their activity, except for data the release of which is prohibited by law and meant expressly for internal use. A citizen of Estonia has the right, in accordance with procedures specified by law, to acquaint him- or herself with data kept on his or her person at state offices, local government units or the archives of state and local governments. According to law, this right can be restricted to protect the rights and liberties of others, or the secrecy of a child's parentage, also to deter crime, catch a criminal or ascertain the truth in a criminal investigation. Unless otherwise specified by law, the rights of Estonian citizens specified in sections two and three of this article are shared equally with citizens of foreign states staying in Estonia, and persons without citizenship.

Article 45. Everyone has the right to freely disseminate ideas, opinions, convictions and other information in word, print, picture or any other manner. This right can be restricted by law to protect public order, morality, or the rights and liberties, health, honor and good name of other people. The law can also restrict this right for employees of the state and local administrative governments to protect the state or business secrets or confidential information known to them because of their positions; to protect the family- and private lives of other people, and also for the sake of justice. There is no censorship.

Article 46. Everyone has the right to approach state agencies, local government offices and their officials with memoranda and applications. The procedure for responding to such is determined by law.

Article 47. Everyone has the right to peaceful assembly and meetings, without obtaining prior permission. This right can, in cases and in the manner specified by law, be restricted in the interest of state security, public order, morality, traffic safety, or for the safety of those attending the meeting, or to contain the spread of a contagious disease.

Article 48. Everyone has the right to belong to non-profit associations and alliances. Only Estonian citizens can belong to political parties. The formation of associations or alliances possessing weapons, having a military structure, or carrying out military exercises, requires prior permission, the terms and the procedure for which are determined by law. Prohibited are associations, alliances and political parties, whose aim or activity is geared to violently changing Estonia's constitutional order, or which are, in some other way, in conflict with the law determining criminal liability. Only the court can, for infringements of law, suspend or terminate the activities of an association, alliance or political party, or to impose a fine on it.

Article 49. Everyone has the right to preserve his or her national identity.

Article 50. Minority nationalities have the right to create organs of self-government in the interest of their national culture on terms and according to procedures specified in the cultural autonomy law.

Article 51. Everyone has the right to approach state agencies, local government offices and their officials in Estonian and to get a reply in Estonian. In areas where at least half of the permanent residents are minority nationals, everyone has the right to get a reply from state agencies, local government offices and their officials also in the language of that minority nationality.

Article 52. All business between state agencies and local government offices is conducted in Estonian. In areas where Estonian is not the language of the majority of residents, local government offices can, for purposes of their internal transactions, use the language spoken by the majority of such area's residents, to the extent, and in the manner specified by law. The use of foreign languages, including languages of minority nationals, within state agencies, in the court, and in pre-trial investigations, are established by law.

Article 53. Everyone is committed to the preservation of ecology and the natural environment, and to compensate for damages he or she has caused to the environment. The procedure for compensation is established by law.

Article 54. It is the duty of an Estonian citizen to be true to the constitutional order and to defend the independence of Estonia. With no other means available, every Estonian citizen has the right to individually initiate resistance to violent attempts at changing the constitutional order.

Article 55. Citizens of other states staying in Estonia and persons without citizenship are obligated to comply with the constitutional order of Estonia.

Preamble

General Provisions

Basic Rights Liberties and Obligations

People

Parliament

President of the Republic

Government of the Republic

Legislation

Finance and the State Budget

Foreign Relations and Foreign Agrements

State Defense

State Control