«The Constitution of Tajikistan is a fateful document, guide and certificate of the people of Tajikistan. Therefore, every citizen of the country should consider it dear and sacred and pay tribute to it as a great achievement of the Tajik people in the time of independence.»
Emomali Rahmon
If the document certifying each person is his certificate or passport, then the passport of an independent state is the main law — the Constitution.
The constitution is a document that establishes the will of the people, the basic methods and norms of organizing public and state life. Five times in the history of our country, in 1929, 1931, 1937, 1978 and 1994, the Constitution was adopted, each of which determined a new stage of development of the state and society.
If the adoption of the Constitution, on the one hand, is a historical achievement, on the other hand, the implementation of its norms, ensuring legality and legal order in the republic are considered critical issues. The values of this important document reflect the human and humanitarian policy and recognition and respect for the rights and freedoms of man and his citizenship, and the freedom of speech, press, conscience and religious belief in Tajikistan is proof of this point.
The Constitution of the Republic of Tajikistan as a normative legal document protects and protects all human rights and citizens in the Republic of Tajikistan.
The Founder of Peace and National Unity – Leader of the Nation, the President of the Republic of Tajikistan, Honorable Emomali Rahmon, during his speech dedicated to the 28th anniversary of the adoption of the Constitution of the Republic of Tajikistan, noted: «The rights and freedoms of a person and a citizen occupy the main position in the Constitution. This issue is included in its 34 articles or one third of the Constitution.»
Before a person is born, the Constitution gives him the right to life. According to Article 5 of the Constitution of the Republic of Tajikistan, human beings, their rights and freedoms are the highest values. Life, dignity, honor and other human rights are inviolable. Article 18 of the Constitution gives everyone the right to life and guarantees the inviolability of a person by the state.
The Constitution of the Republic of Tajikistan protects citizens of the Republic of Tajikistan not only inside, but also outside the country. Citizens of Tajikistan abroad are under the protection of the state. Human rights and freedoms are protected by the Constitution, laws of the republic and international legal documents recognized by Tajikistan.
According to the Constitution of the Republic of Tajikistan, everyone is equal before the law and the court. The state guarantees everyone regardless of nationality, race, gender, language, religious belief, political position, social status, education, property and rights and freedoms.
Taking into account the requirements of Article 20 of the Constitution of the Republic of Tajikistan, no one is considered guilty of committing a crime until the court’s decision becomes legal. No one shall be punished repeatedly for the same crime. Article 21 places the protection of the victim’s rights under the law. The state guarantees legal protection and compensation for the victim.
Inviolability of a person’s residence is included in Article 22 and his right to travel is included in Article 24. A citizen has the right to travel, freely choose the place of residence, leave the country and return to it. A citizen of the Republic of Tajikistan can have his own home as far as possible, it is forbidden to forcefully enter a person’s home and deprive someone of his home, except for the cases established by law. Also, a citizen is free to choose the place, time and duration of his stay in foreign trips, migration and travel, if it does not interfere with the international image of the Tajik state and nation.
Article 27 of the Constitution of the Republic of Tajikistan gives a person the right to participate in political life and state administration directly or through his representatives. Citizens who have reached the age of 18 can participate in referendums, elections, and can be elected from the specified age, only those who have been deprived of their freedom according to the court’s decision or are considered incompetent do not have the right to participate. Citizens have equal rights to public service.
In the Republic of Tajikistan, the family is protected as the basis of society. Citizens of the Republic of Tajikistan who have reached marriageable age have the right to freely enter into a marriage contract. Polygamy is prohibited in the Constitution of the Republic of Tajikistan. The Government of the Republic of Tajikistan constantly takes care of orphans and disabled children, and undertakes their protection and education.
At the same time, Article 39 of the Constitution of the Republic of Tajikistan states: «Every person has a guarantee of social security in old age, in case of illness, disability, loss of work ability, deprivation of a sponsor and other cases determined by law.» The Republic of Tajikistan is declared a social state in Article 1 of the Constitution and provides every citizen with decent living conditions and free development. A citizen, regardless of his social affiliations, can use the services and social assistance of the state in necessary cases. Institutions of education, healthcare and other social institutions of the country are obliged to provide free services to citizens without any problems.
Article 41 of the Constitution of the Republic of Tajikistan gives the citizen of the Republic of Tajikistan the right to study. A person can receive general secondary education, primary vocational education, secondary vocational education and higher vocational education free of charge in state educational institutions within the limits set by law. This factor indicates the educational policy of the Government of the Republic of Tajikistan.
The Constitution of the Republic of Tajikistan recognizes the sacred duty of a citizen to protect the homeland, protect the interests of the state, strengthen the state’s independence, security and its defense capacity. At the same time, every person is obliged to protect nature, historical and cultural monuments.
In short, along with all the branches of government, the Constitution of the Republic of Tajikistan has a separate chapter on the rights, freedoms and duties of a person and a citizen. This is a testimony to the fact that according to the Constitution of the Republic of Tajikistan, humanism is clearly developed, and the rights and freedoms of people and citizens are fully protected by the state on the basis of the country’s normative legal documents.
Today, 29 years have passed since the adoption of the Constitution of the Republic of Tajikistan, our confidence is strengthened that the path taken by the Founder of Peace and National Unity – Leader of the Nation, the President of the Republic of Tajikistan, Honorable Emomali Rahmon is the highway of trust and confidence, humanitarian and peace-seeking, the leader of the civilized Tajik nation towards the high peaks of progress and creativity, unity and solidarity and self-awareness and national identity.
So we, the residents of the dear Republic of Tajikistan, need to contribute to the protection of the achievements of the era of state independence, to preserve the constitutional structure of the Republic of Tajikistan as one of the best constitutional structures in the world.
Shahnoza Nusratova,
Specialist of the Department of analysis
and forecasting of Internal policy
of the Center for Strategic Research under the President of the Republic of Tajikistan
