Civil and Political Freedoms and Rights

Civil and Political Freedoms and Rights

- Constitution of Macedonia

1. Civil and political freedoms and rights

Article 9

Citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless of sex, race, colour of skin, national and social origin, political and religious beliefs, property and social status.

All citizens are equal before the Constitution and law.

Article 10

The human right to life is irrevocable.

The death penalty shall not be imposed on any grounds whatsoever in the Republic of Macedonia.

Article 11

The human right to physical and moral dignity is irrevocable.

Any form of torture, or inhuman or humiliating conduct or punishment, is prohibited.

Forced labour is prohibited.

Article 12

The human right to freedom is irrevocable.

No person's freedom can be restricted except by court decision or in cases and procedures determined by law.

Persons summoned, apprehended or detained shall immediately be informed of the reasons for the summons, apprehension or detention and on their rights. They shall not be forced to make a statement. A person has a right to an attorney in police and court procedure.

Persons detained shall be brought before a court as soon as possible, within a maximum period of 24 hours from the moment of detention, and the legality of their detention shall there be decided upon without delay.

Detention may last, by court decision, for a maximum of 90 days from the day of detention.

Persons detained may, under the conditions determined by law, be released from custody to conduct their defence.

Article 13

A person indicted for an offence shall be considered innocent until his/her guilt is established by a legally valid court verdict. A person unlawfully detained, apprehended or convicted has a right to legal redress and other rights determined by law.

Article 14

No person may be punished for an offence which has not been declared an offence punishable by law, or by other acts, prior to its being committed, and for which no punishment has been prescribed. No person may be tried in a court of law for an offence of which he/she has already been tried and for which a legally valid court verdict has already been brought.

Article 15

The right to appeal against individual legal acts issued in a first instance proceedings by a court, administrative body, organisation or other institution carrying out public mandates is guaranteed.

Article 16

The freedom of personal conviction, conscience, thought and public expression of thought is guaranteed.

The freedom of speech, public address, public information and the establishment of institutions for public information is guaranteed.

Free access to information and the freedom of reception and transmission of information are guaranteed.

The right of reply via the mass media is guaranteed.

The right to a correction in the mass media is guaranteed.

The right to protect a source of information in the mass media is guaranteed.

Censorship is prohibited.

Article 17

The freedom and confidentiality of correspondence and other forms of communication is guaranteed.

Only a court decision may authorise non-application of the principle of the inviolability of the confidentiality of correspondence and other forms of communication, in cases where it is indispensable to a criminal investigation or required in the interests of the defence of the Republic.

Article 18

The security and confidentiality of personal information are guaranteed.

Citizens are guaranteed protection from any violation of their personal integrity deriving from the registration of personal information through data processing.

Article 19

The freedom of religious confession is guaranteed.

The right to express one's faith freely and publicly, individually or with others is guaranteed.

The Macedonian Orthodox Church and other religious communities and groups are free to establish schools and other social and charitable institutions, by ways of a procedure regulated by law.

Article 20

Citizens are guaranteed freedom of association to exercise and protect their political, economic, social, cultural and other rights and convictions.

Citizens may freely establish associations of citizens and political parties, join them or resign from them.

The programmes and activities of political parties and other associations of citizens may not be directed at the violent destruction of the constitutional order of the Republic, or at encouragement or incitement to military aggression or ethnic, racial or religious hatred or intolerance.

Military or paramilitary associations which do not belong to the Armed Forces of the Republic of Macedonia are prohibited.

Article 21

Citizens have the right to assemble peacefully and to express public protest without prior announcement or a special licence. The exercise of this right may be restricted only during a state of emergency or war.

Article 22

Every citizen on reaching 18 years of age acquires the right to vote. The right to vote is equal, universal and direct, and is exercised at free elections by secret ballot.

Persons deprived of the right to practise their profession by a court verdict do not have the right to vote.

Article 23

Every citizen has the right to take part in the performance of public office.

Article 24

Every citizen has a right to petition state and other public bodies, as well as to receive an answer.

A citizen cannot be called to account or suffer adverse consequences for attitudes expressed in petitions, unless they entail the committing of a criminal offence.

Article 25

Each citizen is guaranteed the respect and protection of the privacy of his/her personal and family life and his/her dignity and repute.

Article 26

The inviolability of the home is guaranteed.

The right to the inviolability of the home may be restricted only by a court decision in cases of the detection or prevention of criminal offences or the protection of people's health.

Article 27

Every citizen of the Republic of Macedonia has the right of free movement on the territory of the Republic and freely to choose his/her place of residence.

Every citizen has the right to leave the territory of the Republic and to return to the Republic.

The exercise of these rights may be restricted by law only in cases where it is necessary for the protection of the security of the Republic, criminal investigation or protection of people's health.

Article 28

The defence of the Republic of Macedonia is the right and duty of every citizen.

The exercise of this right and duty of citizens is regulated by law.

Article 29

Foreign subjects enjoy freedoms and rights guaranteed by the Constitution in the Republic of Macedonia, under conditions regulated by law and international agreements.

The Republic guarantees the right of asylum to foreign subjects and stateless persons expelled because of democratic political convictions and activities.

Extradition of a foreign subject can be carried out only on a basis of a ratified international agreement and on the principle of reciprocity. A foreign subject cannot be extradited for political criminal offences. Acts of terrorism are not regarded as political criminal offences.

Constitution of Macedonia

Preamble
Basic Provisions
Basic Freedoms and Rights
Civil and Political Freedoms and Rights
Economic Social and Cultural Rights
Guarantees of Basic Freedoms and Rights
Foundations for Economic Relations
Organization of State Authority
Assembly of the Republic of Macedonia
President of the Republic of Macedonia
Government of the Republic of Macedonia
Judiciary
Public Prosecutors Office
Constitutional Court of The Republic of Macedonia
Local Self Government
International Relations
Defence of the Republic and States of War and Emergency
Changes in the Constitution
Transitional and Final Clauses
Amendments To The Constitution of the Republic of Macedonia
Amendment I
Amendment II
Amendment III
Amendment IV
Amendment V
Amendment VI
Amendment VII
Amendment VIII
Amendment IX
Amendment X
Amendment XI
Amendment XII
Amendment XIII
Amendment XIV
Amendment XV
Amendment XVI
Amendment XVII
Amendment XVIII
Amendment XIX
Amendment XXI
Amendment XXII
Amendment XXIII
Amendment XXIV
Amendment XXV
Amendment XXVI
Amendment XXVII
Amendment XXVIII
Amendment XXIX
Amendment XXX
Amendment XXXI
Amendment XXXII
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