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Constitution of Slovakia (1992, rev. 2001)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

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3Preamble

4We, the Slovak Nation,

5mindful of the political and cultural heritage of our ancestors and of hundreds of years experience in the struggle for our national existence and our own statehood,

6in the spirit of St. Cyril and St. Metod, and the spiritual heritage of the legacy of the Great Moravian Empire, based on the natural right of nations to their self-determination,

7together with the members of national minorities and ethnic groups living on the territory of the Slovak Republic, in the interest of lasting and peaceful cooperation with other democratic states,

8striving for the realization of a democratic form of government, guarantee a life freedom and development of our spiritual culture and economic prosperity,

9Therefore We, the Citizens of the Slovak Republic

10herewith resolve,

11through our representatives,

12to establish

13this Constitution:

14Part One

15CHAPTER ONE. FUNDAMENTAL PROVISIONS

16ARTICLE 1

171. The Slovak Republic is a sovereign, democratic and law governed states. It is not bound by any ideology or religion.

182. The Slovak Republic recognizes and observes the general principles of international law, international treaties, by which it is bound, and its further international obligations.

19ARTICLE 2

201. The power of the state derives from its citizens who exercise it directly or through their elected representatives.

212. State organs may act solely in conformity with the Constitution, within the limits established by law.

223. Anyone may act in a way not forbidden by law and no one may be forced to act in a way not established by law.

23ARTICLE 3

241. The territory of the Slovak Republic is unitary and indivisible.

252. The border of the Slovak Republic may be changed only by a constitutional law.

26ARTICLE 4

27Raw materials, caves (jaskyne) , underground water, natural and thermal springs and streams are the property of the Slovak Republic.

28ARTICLE 5

291. Acquisition and loss of citizenship of the Slovak Republic are regulated by law.

302. No person can be deprived of state citizenship of the Slovak Republic against his or her will.

31ARTICLE 6

321. On the territory of the Slovak Republic, the Slovak language is the official language.

332. The use of languages other than the official language in official communications shall be determined by law.

34ARTICLE 7

351. The Slovak Republic may, on the basis of its own decision, enter into a union with other states. The entry and withdrawal is decided by a constitutional law, which is confirmed by referendum.

362. The Slovak Republic may, by international treaty, which was ratified in the manner specified by law, or on the basis of this treaty transfer the implementation of its rights to the European Communities and the European Union. Legally binding acts of the European Communities and the European Union have precedence over the laws of the Slovak Republic. The cession of legally binding acts, which require implementation, is executed by law or by Government decree in accordance with Article 120 (2) .

373. The Slovak Republic can, with the aim of maintaining peace, security and the democratic order, enter an organization of mutual collective security under conditions established by international treaty.

384. For the validity of international treaties concerning human rights and international treaties, international political treaties, international treaties of a military nature, from which arises the membership in international organizations, international economic treaties of a general nature, international treaties, for whose implementation a law is required, and international treaties, which directly establish rights or obligations of physical persons or juridical persons, the consent of the National Council of a Slovak Republic is required.

395. International treaties concerning human rights and fundamental freedoms, international treaties, for whose implementation a law is required, and international treaties, which directly establish rights or obligations of physical persons or juridical persons and which were ratified and promulgated in the manner established by law, have precedence before those (established) by laws.

40ARTICLE 7A

41The Slovak Republic supports the national consciousness and cultural identity of Slovaks living abroad, supports its institutions created for the attainment of this purpose and relations with the motherland (s materskou Krajinou) .

42CHAPTER TWO. THE STATE SYMBOLS

43ARTICLE 8

44The state symbols of the Slovak Republic are the state emblem, the state flag, the state seal and the state anthem.

45ARTICLE 9

461. The state emblem of the Slovak Republic consists of an early Gothic shield with a silver double cross erected on the central and highest of the three blue hills.

472. The state flag of the Slovak Republic has three horizontal stripes: white, blue and red. The state emblem of the Slovak Republic appears in the left half of the flag.

483. The state seal of the Slovak Republic consists of the state emblem encircled by the inscription “Slovenská republika.”

494. The national anthem of the Slovak Republic is composed of the first two stanzas of the hymn “Nad Tatrou sa blýska.”

505. Details concerning the State symbols of the Slovak Republic and their use are established by law.

51CHAPTER THREE. THE CAPITAL OF THE SLOVAK REPUBLIC

52ARTICLE 10

531. The capital of the Slovak Republic is the city of Bratislava.

542. The status of Bratislava as the capital of the Slovak Republic is defined by law.

55Part Two. Fundamental Rights and Freedoms

56CHAPTER ONE. GENERAL PROVISIONS

57ARTICLE 11

58Abrogated.

59ARTICLE 12

601. All human beings are free and equal in dignity and rights. Their fundamental rights and freedoms are inalienable, irrevocable, and perpetual.

612. Fundamental rights shall be guaranteed in the Slovak Republic to every person regardless of gender, race, color, language, faith, religion, political affiliation or conviction, national or social origin, nationality or ethnic origin, property, birth or any other status. No one may be disadvantaged in legal rights, discriminated against or favored on any of these grounds.

623. Every person has the right to freely decide his or her nationality. All manner of influence or coercion that may affect or lead to a denial of a person’s original nationality shall be prohibited.

634. No person shall be prevented from exercising his or her fundamental rights and freedoms.

64ARTICLE 13

651. Obligations can be imposed—

66a.by a law or on the basis of a law, within its limits and with the preservation of fundamental rights and freedoms,

67b.by international treaty according to Art. 7 paragraph 4, which directly established rights and obligations of physical persons or juridical persons, or

68c.by Government decree according to Art. 120 paragraph 2.

692. Limitations on fundamental rights and freedoms shall be imposed only under the conditions set forth in this Constitution.

703. Restrictions of constitutional rights and freedoms shall be applied equally and consistently in all similar cases.

714. 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.

72CHAPTER TWO. FUNDAMENTAL RIGHTS AND FREEDOMS

73ARTICLE 14

74Every person has the capacity to possess rights.

75ARTICLE 15

761. Everyone has the right to life. Human life is worthy of protection even before birth.

772. No person may be deprived of life.

783. The death penalty shall be inadmissible.

794. No infringement of rights shall occur if a person has been deprived of life as a result of an act not defined as unlawful.

80ARTICLE 16

811. The right of every individual to integrity and privacy shall be guaranteed. This right may be limited only in cases specifically provided for by law.

822. No person shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.

83ARTICLE 17

841. Personal liberty of every individual shall be guaranteed.

852. 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.

863. The (person) accused or suspected of a criminal offense may be arrested under circumstances established by law. The arrested person must be immediately informed of the reasons for the arrest and after interrogation within at most 48 hours set free or turned over to the court. The judge must within 48 hours, and in particularly serious criminal acts, within 72 hours from the transfer, decide on his detention or release (propusteni na slobodu) .

874. the accused can be detained only on a written reasoned order of a judge. The detained person must be within 24 hours turned over to a judge. The judge must, within 48 hours, and in specially serious criminal offences, in 72 hours hear the detained person and decide on (pre-trial) detention or release (propusteni na slobodu) .

885. A person can only be taken into custody for reasons established by law and on the basis of a court decision.

896. The law specifies, in what cases it is permissible (možno) to transfer (prevziat’) a person to a mental hospital and to keep him [her] there without the person’s consent. This arrangement must be reported to a court within 24 hours, which decides on his placement within five days.

907. An investigation of the mental condition of a person accused of a criminal act, is possible only on the written permission (príkaz) of the court.

91ARTICLE 18

921. No one may be subjected to forced labor or services.

932. Paragraph (1) of this Article shall not apply to:

94a.prisoners or persons sentenced to alternatives of imprisonment,

95b.military service or other services performed in lieu of compulsory service in the armed forces,

96c.services lawfully required in cases of natural disasters, calamities and other events threatening the lives, health or valuable property of citizens,

97d.activities lawfully required for the protection of life, health and rights of other people,

98e.smaller communal services on the basis of the law.

99ARTICLE 19

1001. Every person shall have the right to maintain and protect his or her dignity, honor, reputation and good name.

1012. Everyone shall have the right to be free from unjustified interference in his or her privacy and family life.

1023. Everyone has the right to be protected against unwarranted collection, disclosure, and other misuse of personal information.

103ARTICLE 20

1041. 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.

1052. 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) of this Constitution as the exclusive property of the State, the municipality or specific juridical persons. In addition, the law can specify which property may be owned only by individual citizens or juridical persons residing in the Slovak Republic.

1063. Ownership obligates. 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.

1074. 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.

108ARTICLE 21

1091. The sanctity of the home shall be inviolable. Entrance without permission of the person residing therein is unlawful.

1102. 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.

1113. 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.

112ARTICLE 22

1131. Secrecy of letters, other communications and written messages delivered by post and personal information shall be guaranteed.

1142. 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.

115ARTICLE 23

1161. Freedom of movement and residence shall be guaranteed.

1172. Everyone residing legally in the Slovak Republic has the right to leave the country.

1183. Freedoms defined in paragraphs (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.

1194. Every citizen has the right 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. A citizen cannot be forced to leave the country and he cannot be expelled.

1205. Aliens may be expelled only in cases provided by law.

121ARTICLE 24

1221. Freedom of thought, conscience, religion and faith are guaranteed. This right includes the right to change religion or faith and the right to refrain from a religious affiliation. Every person has the right to publicly express his or her opinion.

1232. Every person has 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.

1243. Churches and religious societies 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 organs.

1254. The rights under paragraphs (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 or rights and freedoms of others.

126ARTICLE 25

1271. The defense of the Slovak Republic is the duty and matter of honor of citizens. The law establishes the scope of military duty.

1282. 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.

129CHAPTER THREE. POLITICAL RIGHTS

130ARTICLE 26

1311. Freedom of expression and the right to information shall be guaranteed.

1322. 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.

1333. Censorship shall be prohibited.

1344. 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.

1355. The organs of public power are obligated to provide information in a reasonable manner about their activities in the state language. The conditions and the manner of implementation are established by law.

136ARTICLE 27

1371. The right to petition is guaranteed. Every person has the right to address state organs or organs of territorial self-administration in individual and public matters with petitions, proposals, and complaints either individually or in association with other persons.

1382. No petition may involve the infringement of fundamental rights and freedoms.

1393. No petition may interfere with the independence of the judiciary.

140ARTICLE 28

1411. the right to peaceful assembly is guaranteed.

1422. The conditions under which this right may be exercised are 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 others, public order, health and morality, property or state security. (Peaceful) assembly may not be subject to conditions by organs of public administration.

143ARTICLE 29

1441. The right of free association is guaranteed. Everyone has the right to associate freely with other persons in unions, societies and other associations.

1452. Citizens may form political parties and political movements and associate in them.

1463. The exercise of rights in paragraphs (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 others.

1474. Political parties and political movements, as well as clubs, societies or associations are separate from the State.

148ARTICLE 30

1491. Citizens have the right to participate in the administration of public affairs directly or by freely elected representatives. Foreigners with permanent residence on the territory of the Slovak Republic have the right to vote and be elected to the organs of self- administration of the municipalities and to the organs of higher territorial entities.

1502. Elections shall be held within periods of time not exceeding the terms fixed by law.

1513. The right to vote shall be exercised through equal, universal and direct suffrage by secret ballot. The terms shall be specified by law.

1524. All citizens shall have equal access to elected or public offices.

153ARTICLE 31

154The legal regulation of all political rights and freedoms, and their interpretation and usage must facilitate and protect political competition in a democratic society.

155ARTICLE 32

156Citizens have the right to resist anyone who would abolish the democratic order of human rights and fundamental freedoms set forth in this Constitution, if the activities of constitutional organs or the application of legal rules have become ineffective.

157CHAPTER FOUR. THE RIGHTS OF NATIONAL MINORITIES AND ETHNIC GROUPS

158ARTICLE 33

159Membership in any national minority or ethnic group must not be used to the detriment of any individual.

160ARTICLE 34

1611. Citizens of national minorities or ethnic groups in the Slovak Republic are guaranteed their full development, particularly the rights to promote their cultural heritage with other citizens of the same national minority or ethnic group, receive and disseminate information in their mother tongues, form associations, and create and maintain educational and cultural institutions. Details are established by law.

1622. In addition to the right to learn the official language, the citizens of national minorities or ethnic groups shall, under conditions provided by law, also be guaranteed:

163a.the right to be educated in a minority language,

164b.the right to use a minority language in official communications,

165c.the right to participate in decision-making in matters concerning national minorities and ethnic groups.

1663. 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.

167CHAPTER FIVE. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

168ARTICLE 35

1691. Every person has the right to choose freely his or her profession and to receive appropriate preparation, as well as the right to earn his or her living through entrepreneurial activity.

1702. The law may establish terms of, or restrictions on, specific professions, trades or activities.

1713. Citizens have the right to work. The State shall guarantee, within reasonable limits, the material welfare of those who cannot exercise this right through no fault of their own. The terms are specified by law.

1724. The law may establish a different arrangement of rights other than provided in paragraphs (1) to (3) for foreigners.

173ARTICLE 36

174Employees have the right to fair and satisfactory conditions at work. The law provides in particular for them:

175a.the right to compensation for the work performed to secure a dignified standard of life,

176b.the protection from arbitrary dismissal and discrimination at work,

177c.the protection of health and safety at work,

178d.the setting of maximum working hours,

179e.appropriate rest time after work,

180f.a minimum amount of paid vacation,

181g.the right of collective bargaining.

182ARTICLE 37

1831. Every person shall have the right to associate freely with other persons to protect their economic and social interests.

1842. 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.

1853. 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.

1864. The right to strike is guaranteed. The terms shall be provided by law. Judges, prosecutors, members of the armed forces, and members and employees of the fire and protection squads are disqualified from the exercise of this right.

187ARTICLE 38

1881. Women, minors, and disabled persons have a right to more extensive health protection and special working conditions.

1892. Minors and disabled persons have a right to special protection in employment relations and special assistance in training for a profession.

1903. Details of the rights defined in paragraphs (1) and (2) are specified by law.

191ARTICLE 39

1921. Citizens have the right to adequate material security in their old age, as in cases of disability, and the loss of the family’s principal provider.

1932. Anyone suffering material hardship, has the right to such assistance as may be necessary to secure his or her fundamental standard of life.

1943. Details of rights pursuant to paragraphs (1) and (2) are provided by law.

195ARTICLE 40

196Everyone has a right to protect his or her health. Through medical insurance, the citizens have the right to free health care under the terms provided by law.

197ARTICLE 41

1981. Matrimony, parentage, and family are protected by law. Special protection shall be enjoyed by children and young persons.

1992. Pregnant women shall be entitled to special treatment, terms of employment, and working conditions.

2003. Children born of matrimony and those born out of lawful wedlock shall be guaranteed equal rights.

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  • Theoretical/Philosophical
  • Historical Commentary
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  • separation of powers
  • rules
  • Rufus King
  • slave
  • slave labor
  • slavery
  • slave trade
  • Revolution
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  • presidency
  • Oliver Ellsworth
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  • slaves
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  • William Jackson
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  • three-fifths clause
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  • 3/5 clause
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