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National Constitutional provisions – Armenia

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Armenia 2005 

EDUCATION 

CHAPTER 2

Article 39

Everyone shall have a right to education.

Basic general education shall be compulsory except the cases prescribed by law. The law may establish a higher level of compulsory education.

The secondary education in state educational institutions is free of charge.

The law shall define the principles of autonomy in higher educational institutions.

The procedures for establishing and operations of educational institutions shall be defined by the law.

All citizens shall have the right to free higher and professional education in state higher and other professional educational institutions on the basis of competition as prescribed by the law. In cases and in conformity with the procedure prescribed by law the state shall provide financial and other assistance to institutions conducting higher and other professional education programs, as well as their students.  

Article 48

The basic tasks of the state in the economic, social and cultural spheres are:

8) to support the development of free of charge higher and vocational education;

CHAPTER 5 

Article 89

The Government shall:

(5) implement state policies in the areas of science, education, culture, health, social security and environmental protection; 

CHAPTER 1

Article 16

Everyone shall have a right to liberty and security. A person can be deprived of or restricted in his/her liberty by the procedure defined by law and only in the following cases:

5) to establish educational control over a minor or to present him/her to the competent body;  

EQUALITY

 CHAPTER 2

Article 14.1

Everyone shall be equal before the law.

Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or other personal or social circumstances shall be prohibited. 

LANGUAGE 

CHAPTER 2

Article 12

The state language of the Republic of Armenia is the Armenian.  

Article 41

Everyone shall have the right to preserve his or her national and ethnic identity.

Persons belonging to national minorities shall have the right to preservation and development of their traditions, religion, language and culture.  

RELIGION 

CHAPTER 1

Article 8.1

The church shall be separate from the state in the Republic of Armenia.

The Republic of Armenia recognizes the exclusive historical mission of the Armenian Apostolic Holy Church as a national church, in the spiritual life, development of the national culture and preservation of the national identity of the people of Armenia.

Freedom of activities for all religious organizations in accordance with the law shall be guaranteed in the Republic of Armenia.

The relations of the Republic of Armenia and the Armenian Apostolic Holy Church may be regulated by the law. 

PARENTS 

CHAPTER 1

Article 36

Parents shall have the right and obligation to take care of the education, health of as well as the full and harmonious development of their children.

No one may be deprived of or restricted in his/her parental rights save by the decision of the court in conformity with the procedure prescribed by the law.

Adult capable persons are obliged to take care of their parents who are incapacitated and in need of such care.