Constitution of the
Republic of Moldova
Contacts

Title II. Fundamental rights, freedoms and duties

Chapter I. General provisions 

Article 15. Universality

All citizens of the Republic of Moldova shall enjoy the rights and freedoms granted by the Constitution and other laws and are assigned the duties provided for thereby.


Article 16. Equality

(1) The respect and protection of the indi­vidual shall constitute the foremost duty of the State.

(2) All citizens of the Republic of Moldova are equal before the law and public authorities, regardless of the race, nationality, ethnic ori­gin, language, religion, sex, opinion, political affiliation, property or social origin.


Article 17. Citizenship of the Republic of Moldova

(1) The citizenship of the Republic of Moldova shall be acquired, maintained or withdrawn under the conditions provided for by the organic law.

(2) No one may be arbitrarily deprived of his/her citizenship or of the right to change the citizenship.


Article 18. Protection of citizens of the Republic of Moldova

(1) Citizens of the Republic of Moldova shall benefit of the State protection both within the country and abroad.

(2) Citizens of the Republic of Moldova may not be extradited or expelled from the country.


Article 19. Legal Status of Foreign Citizens and Stateless Persons

(1) Foreign citizens and stateless persons shall enjoy similar rights and duties as the citizens of the Republic of Moldova, with the ex­ceptions provided by the law.

(2) Foreign citizens and stateless persons may be extradited only in compliance with an international covenant, in terms of reciproci­ty or on the basis of a decision delivered by a court of law.

(3) The right to asylum shall be granted and withdrawn under the law and in compliance with the international treaties to which the Re­public of Moldova is a party.


Article 20. Free Access to Justice

(1) Any individual is entitled to effective satisfaction from the part of competent courts of law against actions infringing upon his/her legitimate rights, freedoms and interests.

(2) No law may restrict the access to justice.


Article 21. Presumption of Innocence

Any person accused to have committed an of­fence shall be presumed innocent until found guilty on legal grounds, brought forward in a public trial, safeguarding all the necessary guarantees for his/her defence.


Article 22. Non-Retroactivity of the Law

No one shall be sentenced for actions or drawbacks which did not constitute an offence at the time they were committed. No punish­ment more severe than that applicable at the time when the offence was committed shall be imposed.


Article 23. Right of Every Person to Be Acknowledged on His/Her Rights and Duties

(1) Every individual has the right to an acknowledged legal status.

(2) The State shall ensure the right of every individual to be aware of his/her rights and duties. For this purpose the State shall publish and make accessible all the laws and other nor­mative acts.

 

Chapter II. Fundamental rights and duties  

Article 24. Right to Life and Physical and Mental Integrity

(1) The State guarantees every individual the right to life and physical and mental integrity.

(2) No one may be subjected to torture or to any cruel, inhuman or degrading punishment or treatment.

(3) The capital punishment is abolished. No one may be sentenced to such a punishment, nor executed.


Article 25. Individual Freedom and Security of Person

(l) Individual freedom and security of person are inviolable.

(2) Searching, detaining in custody or arrest­ing a person shall be permitted only in cases and pursuant to the procedure established by the law.

(3) The period of detention in custody may not exceed 72 hours.

(4) The arrest shall be carried out under a warrant issued by a judge for a period of 30 days at the most. An appeal may be lodged against the validity of the warrant, under the law, at the hierarchically superior court of law. The term of the arrest may only be prolonged by the judge or by the court of law, under of the law, to a period not exceeding 12 months.

(5) The person detained in custody or un­der arrest shall be immediately informed on the reasons of his/her detention or arrest, and shall be notified of the charges brought against him/her as soon as possible; the notification of the charges shall only be made in the presence of a lawyer, either chosen or appointed ex officio.

(6) If the reasons for detention in custody or arrest have ceased to exist, the release of the person concerned must follow without delay.


Article 26. Right to Defence

(l) The right to defence is guaranteed.

(2) Everyone shall be entitled to respond in­dependently by appropriate legitimate means to an infringement of his/her rights and free­doms.

(3) Throughout the trial the parties shall have the right to be assisted by a lawyer, either chosen or appointed ex officio.

(4) Any interference with the activity of the persons carrying out the defence within legally established limits shall be punishable by the law.


Article 27. Right to Free Movement

(1) The right to free movement within the country is guaranteed.

(2) Every citizen of the Republic of Moldova is guaranteed the right to settle his/her domi­ciles or place of residence anywhere within the country, to travel abroad, to emigrate and to re­turn to the country.


Article 28. Private and Family Life

The State shall respect and protect the private and family life.


Article 29. Inviolability of Domicile

(1) The domicile and place of residence are inviolable. No one may enter upon or stay on the premises of a domicile without the consent of the owner.

(2) The law shall allow for derogation from the provisions of para. (1) under the following circumstances:

a) to carry into effect an arrest warrant or a sentence of a court of law;

b) to eliminate an imminent danger threatening the life, physical integrity or belongings of an individual;

c) to prevent the spread of an epidemic disease.

(3) Searches and investigations on the scene shall be ordered and carried out only under the law.

(4) House searches at night are forbidden ex­cept for the cases of a flagrant misdemeanour.


Article 30. Privacy of Correspondence

(1) The State shall ensure the privacy of let­ters, telegrams, other postal dispatches, tele­phone conversations and other legal means of communication.

(2) The provisions of para. (1) may only be derogated from by law when this becomes necessary in the interest of national security, eco­nomic welfare of the country, public order and prevention of offences.


Article 31. Freedom of Conscience

(1) The freedom of conscience shall be guaranteed, and its manifestations should be in a spirit of tolerance and mutual respect.

(2) The freedom of religious cults shall be guaranteed and they shall organise themselves according to their own statutes, under the law.

(3) In their mutual relationships religious cults are forbidden to use, express or incite to hatred or enmity.

(4) Religious cults shall be autonomous, separated from the State and shall enjoy the sup­port of the latter, here included any facilitation for the religious assistance in the army, hospi­tals, prisons, asylums and orphanages.


Article 32. Freedom of Opinion and Expression

(1) Every citizen shall be guaranteed the freedom of thought and opinion, as well as the freedom of expression in public by way of word, image or any other means possible.

(2) The freedom of expression may not harm the honor, dignity or the rights of other people to have and express their own opinions or judgments.

(3) The law shall forbid and prosecute all ac­tions aimed at denying and slandering of the State and people, instigation to sedition, war of aggression, national, racial or religious ha­tred, incitement to discrimination, territorial separatism, public violence, or other manifes­tations encroaching upon the constitutional order.


Article 33. Freedom to Create

(1) The freedom to create scientific and ar­tistic works is guaranteed. Creative work shall not be subject to censorship.

(2) The right of citizens to intellectual property, their material and moral interests related to various types of intellectual creation shall be protected by the law.

(3) The State shall contribute to the preser­vation, development and propagation of na­tional and world achievements in culture and science.


Article 34. Right of Access to Information

(1) The right of a person to have access to any kind of information of public interest shall not be curtailed.

(2) Public authorities, according to their as­signed competence, shall be committed to en­sure that citizens are correctly informed both on public affairs and issues of personal interest.

(3) The right of access to information shall not prejudice neither the measures taken to protect the citizens nor the national security.

(4) The State and private public media shall be bound to provide the correct information of the public opinion.

(5) The public media shall not be subject to censorship.


Article 35. Right to Education

(1) The right to education shall be ensured by way of compulsory comprehensive school system, by secondary education and vocational education, higher education system, as well as by other forms of education and continuous training.

(2) The State shall ensure, according to the law, the right to choose the language of educa­tion and training of persons.

(3) The study of the official language shall be ensured within all types of educational institu­tions.

(4) State public education is free of charge.

(5) Educational institutions, including those that are not financed by the State, shall be es­tablished and shall operate according the law.

(6) Institutions of higher education shall en­joy the right to autonomy.

(7) The state secondary, vocational and higher education shall be accessible to everyone on the basis of personal merits.

(8) The State shall ensure, according to the law, the freedom of religious education. The State education system is laic.

(9) The parents have prior right to choose the appropriate field of education for their children.


Article 36. Right to Health Protection

(1) The right to health protection is guaran­teed.

(2) The minimum health insurance provided by the State shall be free of charge.

(3) The structure of the national health secu­rity system and the means aimed at protecting the physical and mental health of the individual shall be provided for by organic law.


Article 37. Right to a Healthy Environment

(1) Every individual has the right to live in an ecologically safe and healthy environment, to consume healthy food and to use harmless household appliances.

(2) The State shall guarantee to every indi­vidual the right to free access and dissemina­tion of the trustworthy information regarding the state of the natural environment, living and working conditions and the quality of food and household appliances.

(3) Concealment or distortions of informa­tion regarding the elements that are harmless to human health are prohibited by the law.

(4) Private individuals and legal entities are liable for the damages caused to a person’s health and property due to ecological infringe­ments.


Article 38. Right to Vote and Right to Stand for Election

(1) The will of the people shall constitute the basis of the State power. This will is expressed by free elections which are periodically con­ducted by way of a universal, equal, direct, se­cret and freely expressed ballot.

(2) The citizens of the Republic of Moldova having attained the age of 18 on or by the vot­ing day inclusively are entitled to vote, except for the persons banned from voting by the law.

(3) The right to stand for election is guaran­teed to all citizens of the Republic of Moldova enjoying the right to vote, according to the law.


Article 39. Right of Take Part in Administration

(1) Citizens of the Republic of Moldova shall enjoy the right to take part in the administra­tion of public affairs directly, as well as by way of their representatives.

(2) The access to a public office shall be guaranteed, according to the law, to any citizen of the Republic of Moldova.


Article 40. Freedom of Assembly

Meetings, demonstrations, manifestations, processions or any other assembly are free and may be organised and conducted only peacefully and without the use of any kind of weapon.


Article 41. Freedom of Parties and Other Socio-Political Organisations

(1) All citizens are free to associate in parties and other socio-political organizations. These organisations shall contribute to the definition and expression of the political will of citizens and take part in the election process, according to the law.

(2) All parties and other socio-political or­ganisations are equal before the law.

(3) The State shall ensure the protection of the legitimate rights and interests of parties and other socio-political organisations.

(4) Parties and other socio-political organizations, which objectives or activities are the engagement in fighting against political pluralism, the principles of the rule of law, sovereignty, independence and territorial integ­rity of the Republic of Moldova are declared unconstitutional.

(5) Any secret associations shall be forbid­den.

(6) The operation of parties consisting of foreign citizens shall be forbidden.

(7) Public offices the holders of which may not join political parties are laid down by or­ganic law.


Article 42. Right to Establish and Join Trade Unions

(1) Any employee shall enjoy the right to es­tablish and join a trade union in order to de­fend his/her interests.

(2) Trade unions are established and operate pursuant to their statutes, according to the law. They contribute to the protection of professional, economic and social interests of employees.


Article 43. Right to Work and Labour Protection

(1) Every person shall enjoy the right to work, to freely choose his/her profession and workplace, to equitable and satisfactory work­ing conditions, as well as to protection against unemployment.

(2) All employees shall have the right to so­cial protection of labour. The measures of protection shall bear upon labour safety and hygiene, working conditions for women and young people, introduction of a minimum wage per economy, weekly rest and annual paid leave, as well as difficult working condi­tions and other specific situations.

(3) The length of the working week shall not exceed 40 hours.

(4) The right to hold labour bargaining and the binding nature of collective agreements is guaranteed.


Article 44. Prohibition of Forced Labour

(1) Forced labour shall be prohibited.

(2) There is not considered forced labour:

a) any service of military nature or activities performed instead thereof by those who, ac­cording to the law, are exempted from compul­sory military service;

(b) the work of a sentenced person, carried out under normal conditions within the period of detention or of conditional release;

(c) services required to deal with calamities or other dangers as well as those which are part of normal civil obligations, laid down by the law.


Article 45. Right to Strike

(1) The right to strike is acknowledged. Strikes may be unleashed only with the view of protecting the economic, social and profes­sional interests of employees.

(2) The law shall set forth the conditions governing the exercise of the right to strike, as well as the responsibility for illegal unleash of the strikes.


Article 46. Right to Private Property and Its Protection

(1) The right to possess private property and the debts incurred by the State are guaranteed.

(2) No one may be expropriated except for a matter of public utility, as established by the law, against a fair and previously determined compensation.

(3) No assets legally acquired may be seized. The legal nature of the acquirement of assets is presumed.

(4) The assets intended for, used or resulted from misdemeanours or offences shall be seized only according to the law.

(5) The right to hold private property com­mits to the observance of duties on the protec­tion of the environment and maintenance of good neighbourhood, as well as of other duties which, according to the law, are incumbent upon the owner.

(6) The right to inherit private property is guaranteed.


Article 47. Right to Social Assistance and Protection

(1) The State shall be bound to take actions in order that every person has a decent stand­ard of living that would ensure him/her and his/her family members health protection and welfare including food, clothing, shelter, medi­cal care, as well as necessary social services.

(2) All citizens have the right to be insured in case of: unemployment, disease, disability, widowhood, old age or other situations where, due to causes beyond one’s control, one loses the source or means of obtaining the necessi­ties of life.


Article 48. Family

(1) The family shall constitute the natural and fundamental element of the society and shall enjoy protection from the State and the society.

(2) The family shall be founded on a freely consented marriage between man and woman, on their equality of rights and on the right and obligation of parents to ensure upbringing and education of their children.

(3) The conditions to conclude, terminate or void a marriage are laid down by the law.

(4) Children have a duty to take care of their parents and to offer necessary help.


Article 49. Protection of Family and Orphaned Children

(1) The State shall facilitate, by economic and other actions, formation of families and fulfilment of their assigned duties.

(2) The State shall protect motherhood, chil­dren and young people, by fostering the development of the required institutions.

(3) All the concerns aimed at maintaining, upbringing and educating orphaned children and those deprived of parental care shall be de­volved to the State and society. The state shall promote and support charitable activities for the benefit of these children.


Article 50. Protection of the Mother, of Children and Young People

(1) The mother and the child shall enjoy spe­cial assistance and protection. All the children, including those born out of wedlock, shall en­joy the same social protection.

(2) Children and young people shall enjoy a special form of assistance in the pursuit of their rights.

(3) The State shall grant allowances neces­sary for the children and aids required for the care of sick or disabled children. Other forms of social assistance for children and young people shall be provided by the law.

(4) The exploitation of minors and their in­volvement in activities which might be injurious to their health, moral conduct, or which might endanger their life or proper develop­ment are forbidden.

(5) Public authorities shall be bound to se­cure appropriate conditions enabling young people to freely take part in the social, eco­nomic, cultural and sporting life of the coun­try.


Article 51. Protection of Disabled Persons

(1) The disabled persons shall enjoy special protection from the whole of society. The State shall ensure normal conditions for medical treatment and rehabilitation, education, training and social integration of disabled per­sons.

(2) No one can be subdued to the forced medical treatment unless for the cases provided by the law.


Article 52. Right to Lodge Petitions

(1) All citizens shall be entitled to refer to public authorities by way of petitions formu­lated only on behalf of the signatories.

(2) Legally established organizations shall have the right to lodge petitions exclusively on behalf of the bodies they represent.


Article 53. Right of the Person Prejudiced by a Public Authority

(1) Any person prejudiced in any of his/her rights by a public authority by way of an ad­ministrative act or failure to solve a complaint within the legal term, is entitled to obtain ac­knowledgement of the declared right, cancella­tion of the act and payment of damages.

(2) The State shall be under patrimonial lia­bility as provided by the law for any prejudice caused by way of errors committed in criminal lawsuits by the investigation bodies and courts of law.


Article 54. Restrictions on the Exercise of Certain Rights or Freedoms

(1) In the Republic of Moldova no law may be adopted which might curtail or restrict the fundamental rights and freedoms of the indi­vidual and citizen.

(2) The exercise of the rights and freedoms may not be subdued to other restrictions un­less for those provided by the law, which are in compliance with the unanimously recognised norms of the international law and are requested in such cases as: the defence of national se­curity, territorial integrity, economic welfare of the country, public order aiming at preventing mass riots and crimes, protection of the rights, freedoms and dignity of other persons, preven­tion of disclosing confidential information or the guarantee of the power and impartiality of justice.

(3) The provisions under para. (2) does not allow the restrictions of the rights laid down in Articles 20-24.

(4) The restriction has to be proportionate to the situation that caused it and shall not affect the existence of the right or freedom. 

 

Chapter III. Fundamental duties

Article 55. Exercise of Rights and Freedoms

Any persons shall exercise his/her constitu­tional rights and freedoms in good faith, with­out any infringement of the rights and liberties of the others.


Article 56. Faithfulness to the Country

(1) Faithfulness to the country is sacred.

(2) Citizens entrusted with holding of public offices, as well as military personnel, are ac­countable for the loyal fulfilment of their duties towards the state, and in cases provided by the law shall take the oath as required by the law.


Article 57. Defence of Motherland

(1) The defence of motherland is a sacred right and duty of each citizen.

(2) The national armed forces constitute the framework for performing military services, for national defence, guarding the borders, and maintaining public older, according to the law.


Article 58. Financial Contributions

(1) Citizens have the obligation to contribute by way of duties and taxes to public expendi­tures.

(2) The system of legal taxation must ensure a fair distribution of the tax burdens.

(3) Any other dues are prohibited, save for those determined by the law.


Article 59. Protection of the Environment and Monuments

The protection of environment and the preservation of historical and cultural monuments constitutes a duty of each citizen.