| TURKMENISTAN Turkmenistan Turkmenistan Joined United Nations: 2 March 1992 Human Rights as assured by their constitution Updated 12 July 2012 |
SECTION 1: FOUNDATIONS OF THE CONSTITUTIONAL ORDER
Article 1: Turkmenistan is a democratic secular state operating under the rule of law whose government takes the form of a presidential
republic. Turkmenistan possesses supreme and plenary power in its own territory and independently implements its domestic and foreign
policies. The sovereignty and territory of Turkmenistan are united and indivisible. The government defends the independence and
territorial integrity of Turkmenistan, as well as the constitutional order, and ensures legality and legal order.
Article 2: The people are the possessors of the sovereignty of and are the only source of the governmental power of Turkmenistan. The
people of Turkmenistan exercise their power either directly or through representative organs. No part of the people, no organization, and
no individual has the right to arrogate governmental power.
Article 3: In Turkmenistan, the government and society place the highest value on the person. The government is responsible to the
citizen and ensures conditions for the free development of the personality and protects life, honor, dignity, freedom, individual inviolability,
and the natural and inalienable rights of the citizen. The citizen is responsible to the government for meeting the obligations placed on her
or him by the Constitution and laws.
Article 4: The government is based on the principle of separation of powers into legislative, executive, and judicial powers which function
independently, checking and balancing each other.
Article 5: The government and all its organs and officials are bound by the law and the constitutional order. The Constitution of
Turkmenistan is the Supreme Law of the state, and the norms and provisions secured in the Constitution have direct effect. Laws and
other legal acts which contradict the Constitution have no legal force. The legal acts of governmental organs are published for general
notice or are popularized in some other manner, except for those acts which contain state or other legally protected secrets. Legal acts
which affect the rights and freedoms of citizens and for which there is no general notice are invalid from the moment of their adoption.
Article 6: Turkmenistan recognizes the primacy of generally recognized norms of international law, is fully invested with the rights of a
subject of the world community, and adheres in its domestic policies to the principles of peaceful coexistence, rejection of the use of
force, and non-interference in the internal affairs of other governments.
Article 7: Turkmenistan has its own citizenship. Citizenship is attained, preserved, and lost in accordance with the law. No one can be
deprived of her or his citizenship or the right to change her or his citizenship. A citizen of Turkmenistan may not be turned over to
another government, driven out of Turkmenistan, or limited in her or his right to return to her or his native land. Citizens of Turkmenistan
are guaranteed the protection and patronage of the government of Turkmenistan both on the territory of Turkmenistan and beyond its
borders.
Article 8: Foreign citizens and stateless persons enjoy the rights and freedoms of a citizen of Turkmenistan, unless otherwise established
by law. Turkmenistan extends the right of asylum to foreign citizens persecuted in their countries for their political, national, or religious
convictions.
Article 9: Property is inviolable. Turkmenistan affirms the right to own private property such as the means of production, land, and other
material and intellectual items of value. They may be owned likewise by the government and associations of citizens. The law establishes
objects which may only be the property of the government. The government guarantees equal protection and equal conditions for the
development of all types and forms of property. Confiscation of property is not allowed, except for property which is acquired in an
unlawful manner. Forced uncompensated estrangement of property is allowed only in situations enumerated by law.
Article 10: The government is responsible for preserving the national historico-cultural heritage and natural environment, as well as for
ensuring equality between social and national groups. The government encourages the scientific and creative arts and the dissemination of
their achievements, and facilitates the development of international contacts in the fields of science, culture, education, sports, and
tourism.
Article 11: The government guarantees freedom of religion and faith and the equality or religions and faiths before the law. Religious
organizations are separate from the government, and may not perform governmental functions. The governmental system of education is
separate from religious organizations and is secular in nature. Everyone has the right independently to determine her or his own religious
preference, to practice any religion alone or in association with others, to practice no religion, to express and disseminate beliefs related to
religious preference, and to participate in the performance of religious cults, rituals, and ceremonies.
SECTION II: BASIC RIGHTS, FREEDOMS, AND OBLIGATIONS OF THE PERSON AND CITIZEN
Article 16: The rights of the person are inviolable and inalienable. No one may deprive another person of any rights or freedoms or limit
her or his rights in any manner other than in accordance with the Constitution and laws. Any list of rights and freedoms of the person in
the Constitution and laws may not be used to deny or diminish other rights and freedoms.
Article 17: Turkmenistan guarantees the equality of the rights and freedoms of its citizens and, likewise, the equality of citizens before the
law regardless of nationality, ethnic origin, property holdings, official status, place of residence, language, religious preference, political
convictions, or political party membership.
Article 18: Men and women in Turkmenistan have equal civil rights. A violation of equal rights based on gender will entail legal liability.
Article 19: The exercise of rights and freedoms should not violate the rights and freedoms of other people, moral demands, social order,
or harm national security.
Article 20: Each person has the right to life. No one may be deprived of life. The death penalty may be assigned only as the sentence of a
court as an exceptional means of punishment for a very serious crime.
Article 21: A citizen may not be limited in her or his rights, deprived of the rights which belong to her or him, convicted, or subjected to
punishment, except in exact accordance with the law and as the decision of a court. No one may be subjected to torture or cruel,
inhumane, or degrading treatment or punishment, or, likewise, be subjected without her or his consent to medical or other experiments. A
citizen may be arrested only on condition of the existence of grounds specifically indicated by law, by decision of a court, or with the
approval of a procurator. In situations, specifically indicated by law, not allowing delay, a governmental organ authorized to do so has the
right temporarily to detain citizens.
Article 22: Every citizen has the right to governmental support in the receipt of well-constructed living space and in the construction of
individual housing. The home is inviolable. No one has the right to enter a home or in any other manner violate the inviolability of a home
against the wishes of the persons residing in that home or without legal justification. Citizens have the right to defend their homes against
unlawful encroachments. Unless there are grounds established by law, no one may be deprived of her or his home.
Article 23: Every citizen has the right to be protected from arbitrary interference in her or his personal life, from infringement on written,
telephone, or other communications, and, likewise, from infringements on her or his honor or reputation.
Article 24: Everyone has the right freely to move and choose her or his residence within the borders of Turkmenistan. Limitations on
movement in certain territories or in regard to certain individuals may be established only in accordance with the law.
Article 25: Men and women, upon reaching the age of marriage, have the right to mutually consent to enter into marriage and form a
family. In their familial relations, spouses have equal rights. Parents or guardians have the right and obligation to raise children, ensure
their health, development, and education, prepare them for work, and instill in them culture and respect for the laws and historical and
cultural traditions. Adult children have the obligation of caring for parents and providing them with assistance.
Article 26: Citizens of Turkmenistan have the right to freedom of conviction and the free expression of those convictions. They also have
the right to receive information unless such information is a governmental, official, or commercial secret.
Article 27: The right to gather and hold protests and demonstrations in a lawful manner is guaranteed.
Article 28: Citizens have the right to form political parties and other social associations which operate within the framework of the
Constitution and laws. Forbidden are the formation and activity of political parties and other social associations having as their goal
violent change in the constitutional order, allowing violence in their activities, agitating against the constitutional rights and freedoms of
citizens, advocating war, racial, national, social, or religious animosity, encroaching on the health or morality of the people, or forming
militaristic associations or political parties based on national or religious traits.
Article 29: Every citizen has the right to participate in the management of the affairs of the society and the government both directly and
through her or his freely elected representatives.
Article 30: Citizens have the right to elect and be elected to organs of governmental power. Only citizens of Turkmenistan in accordance
with their abilities and professional preparation have equal rights of access to governmental service.
Article 31: All citizens have the right to work, to choose at her or his own discretion a profession, type of occupation, and place of work,
and to healthy and safe work conditions. Forced labor is forbidden, except in situations established by law. Employees have the right to
compensation commensurate with the quantity and quality of their work. This compensation may not be less than the government
established subsistence minimum.
Article 32: Workers have the right to relaxation. For employees, this right is expressed in the established work week of limited duration,
in annual paid leaves, and in weekly days of rest. The government creates conditions conducive to relaxation in one's area of residence
and to the rational use of free time.
Article 33: Citizens have the right to health protection, including use, free of charge, of the government network of health care institutions.
Paid medical assistance is permitted in accordance with and in the manner established by law.
Article 34: Citizens have the right to social services if they are elderly, sick, disabled, unable to work, have lost their provider, or are
unemployed. Families with many children, children who have lost their parents, and war veterans and other people whose health has
suffered in defense of governmental or social interests are provided with additional assistance and privileges out of social funds. The
manner of and conditions for exercising this right are regulated by law.
Article 35: Every citizen has the right to education. Elementary and high-school education are mandatory and everyone has the right to
receive such education free of charge in governmental educational institutions. The government ensures, commensurate with ability,
access for all to professional, specialized vocational, and university education. Organizations and citizens have the right, based on and in
the manner established by law, to form fee-based educational institutions.
Article 36: Citizens of Turkmenistan have the right to freedom of artistic, scientific, and technical creation. Intellectual property rights
and the legal interests of citizens in the fields of scientific and technical creation and artistic, literary, and cultural activity are protected by
law. The government facilitates the development of science, culture, art, folk art, sport, and tourism.
Article 37: The exercise of rights and freedoms is inseparable from fulfillment by persons and citizens of their obligations before society
and the government. Everyone living in or located on the territory of Turkmenistan is required to obey the Constitution and laws and
respect the national traditions of Turkmenistan.
Article 38: The defense of Turkmenistan is a sacred duty of each person. For citizens of Turkmenistan, it is established that men are
obligated to perform general military service.
Article 39: Citizens of Turkmenistan are required to pay government taxes and other payments in the manner and amounts established by
law.
Article 40: Citizens are guaranteed legal protection of honor and dignity, and of the personal and political rights and freedoms of the
person and citizen enumerated in the Constitution and laws. The actions of governmental organs, social organizations, and officials which
have been done in violation of the law, in exceeding their own authority, or in restricting the rights and freedoms of citizens may be
protested in court.
Article 41: Citizens have the right to restitution in a legal manner for material and moral harm, suffered as the result of the unlawful acts of
governmental organs, other organizations, their employees, and, likewise, private persons.
Article 42: No one may be forced to give testimony or explanations against herself or himself or close relatives. Evidence acquired under
the influence of psychological or physical pressure or other unlawful means does not have legal force.
Article 43: A law, worsening the condition of a citizen, may not be ex post facto. No one may be liable for an act which at the time of its
commission was not a violation of the law.
Article 44: The exercise of the enumerated rights and freedoms of citizens in this Constitution may be suspended only in conditions of a
state of emergency or martial law in the manner and to the extent established by the Constitution and laws.
Article 1: Turkmenistan is a democratic secular state operating under the rule of law whose government takes the form of a presidential
republic. Turkmenistan possesses supreme and plenary power in its own territory and independently implements its domestic and foreign
policies. The sovereignty and territory of Turkmenistan are united and indivisible. The government defends the independence and
territorial integrity of Turkmenistan, as well as the constitutional order, and ensures legality and legal order.
Article 2: The people are the possessors of the sovereignty of and are the only source of the governmental power of Turkmenistan. The
people of Turkmenistan exercise their power either directly or through representative organs. No part of the people, no organization, and
no individual has the right to arrogate governmental power.
Article 3: In Turkmenistan, the government and society place the highest value on the person. The government is responsible to the
citizen and ensures conditions for the free development of the personality and protects life, honor, dignity, freedom, individual inviolability,
and the natural and inalienable rights of the citizen. The citizen is responsible to the government for meeting the obligations placed on her
or him by the Constitution and laws.
Article 4: The government is based on the principle of separation of powers into legislative, executive, and judicial powers which function
independently, checking and balancing each other.
Article 5: The government and all its organs and officials are bound by the law and the constitutional order. The Constitution of
Turkmenistan is the Supreme Law of the state, and the norms and provisions secured in the Constitution have direct effect. Laws and
other legal acts which contradict the Constitution have no legal force. The legal acts of governmental organs are published for general
notice or are popularized in some other manner, except for those acts which contain state or other legally protected secrets. Legal acts
which affect the rights and freedoms of citizens and for which there is no general notice are invalid from the moment of their adoption.
Article 6: Turkmenistan recognizes the primacy of generally recognized norms of international law, is fully invested with the rights of a
subject of the world community, and adheres in its domestic policies to the principles of peaceful coexistence, rejection of the use of
force, and non-interference in the internal affairs of other governments.
Article 7: Turkmenistan has its own citizenship. Citizenship is attained, preserved, and lost in accordance with the law. No one can be
deprived of her or his citizenship or the right to change her or his citizenship. A citizen of Turkmenistan may not be turned over to
another government, driven out of Turkmenistan, or limited in her or his right to return to her or his native land. Citizens of Turkmenistan
are guaranteed the protection and patronage of the government of Turkmenistan both on the territory of Turkmenistan and beyond its
borders.
Article 8: Foreign citizens and stateless persons enjoy the rights and freedoms of a citizen of Turkmenistan, unless otherwise established
by law. Turkmenistan extends the right of asylum to foreign citizens persecuted in their countries for their political, national, or religious
convictions.
Article 9: Property is inviolable. Turkmenistan affirms the right to own private property such as the means of production, land, and other
material and intellectual items of value. They may be owned likewise by the government and associations of citizens. The law establishes
objects which may only be the property of the government. The government guarantees equal protection and equal conditions for the
development of all types and forms of property. Confiscation of property is not allowed, except for property which is acquired in an
unlawful manner. Forced uncompensated estrangement of property is allowed only in situations enumerated by law.
Article 10: The government is responsible for preserving the national historico-cultural heritage and natural environment, as well as for
ensuring equality between social and national groups. The government encourages the scientific and creative arts and the dissemination of
their achievements, and facilitates the development of international contacts in the fields of science, culture, education, sports, and
tourism.
Article 11: The government guarantees freedom of religion and faith and the equality or religions and faiths before the law. Religious
organizations are separate from the government, and may not perform governmental functions. The governmental system of education is
separate from religious organizations and is secular in nature. Everyone has the right independently to determine her or his own religious
preference, to practice any religion alone or in association with others, to practice no religion, to express and disseminate beliefs related to
religious preference, and to participate in the performance of religious cults, rituals, and ceremonies.
SECTION II: BASIC RIGHTS, FREEDOMS, AND OBLIGATIONS OF THE PERSON AND CITIZEN
Article 16: The rights of the person are inviolable and inalienable. No one may deprive another person of any rights or freedoms or limit
her or his rights in any manner other than in accordance with the Constitution and laws. Any list of rights and freedoms of the person in
the Constitution and laws may not be used to deny or diminish other rights and freedoms.
Article 17: Turkmenistan guarantees the equality of the rights and freedoms of its citizens and, likewise, the equality of citizens before the
law regardless of nationality, ethnic origin, property holdings, official status, place of residence, language, religious preference, political
convictions, or political party membership.
Article 18: Men and women in Turkmenistan have equal civil rights. A violation of equal rights based on gender will entail legal liability.
Article 19: The exercise of rights and freedoms should not violate the rights and freedoms of other people, moral demands, social order,
or harm national security.
Article 20: Each person has the right to life. No one may be deprived of life. The death penalty may be assigned only as the sentence of a
court as an exceptional means of punishment for a very serious crime.
Article 21: A citizen may not be limited in her or his rights, deprived of the rights which belong to her or him, convicted, or subjected to
punishment, except in exact accordance with the law and as the decision of a court. No one may be subjected to torture or cruel,
inhumane, or degrading treatment or punishment, or, likewise, be subjected without her or his consent to medical or other experiments. A
citizen may be arrested only on condition of the existence of grounds specifically indicated by law, by decision of a court, or with the
approval of a procurator. In situations, specifically indicated by law, not allowing delay, a governmental organ authorized to do so has the
right temporarily to detain citizens.
Article 22: Every citizen has the right to governmental support in the receipt of well-constructed living space and in the construction of
individual housing. The home is inviolable. No one has the right to enter a home or in any other manner violate the inviolability of a home
against the wishes of the persons residing in that home or without legal justification. Citizens have the right to defend their homes against
unlawful encroachments. Unless there are grounds established by law, no one may be deprived of her or his home.
Article 23: Every citizen has the right to be protected from arbitrary interference in her or his personal life, from infringement on written,
telephone, or other communications, and, likewise, from infringements on her or his honor or reputation.
Article 24: Everyone has the right freely to move and choose her or his residence within the borders of Turkmenistan. Limitations on
movement in certain territories or in regard to certain individuals may be established only in accordance with the law.
Article 25: Men and women, upon reaching the age of marriage, have the right to mutually consent to enter into marriage and form a
family. In their familial relations, spouses have equal rights. Parents or guardians have the right and obligation to raise children, ensure
their health, development, and education, prepare them for work, and instill in them culture and respect for the laws and historical and
cultural traditions. Adult children have the obligation of caring for parents and providing them with assistance.
Article 26: Citizens of Turkmenistan have the right to freedom of conviction and the free expression of those convictions. They also have
the right to receive information unless such information is a governmental, official, or commercial secret.
Article 27: The right to gather and hold protests and demonstrations in a lawful manner is guaranteed.
Article 28: Citizens have the right to form political parties and other social associations which operate within the framework of the
Constitution and laws. Forbidden are the formation and activity of political parties and other social associations having as their goal
violent change in the constitutional order, allowing violence in their activities, agitating against the constitutional rights and freedoms of
citizens, advocating war, racial, national, social, or religious animosity, encroaching on the health or morality of the people, or forming
militaristic associations or political parties based on national or religious traits.
Article 29: Every citizen has the right to participate in the management of the affairs of the society and the government both directly and
through her or his freely elected representatives.
Article 30: Citizens have the right to elect and be elected to organs of governmental power. Only citizens of Turkmenistan in accordance
with their abilities and professional preparation have equal rights of access to governmental service.
Article 31: All citizens have the right to work, to choose at her or his own discretion a profession, type of occupation, and place of work,
and to healthy and safe work conditions. Forced labor is forbidden, except in situations established by law. Employees have the right to
compensation commensurate with the quantity and quality of their work. This compensation may not be less than the government
established subsistence minimum.
Article 32: Workers have the right to relaxation. For employees, this right is expressed in the established work week of limited duration,
in annual paid leaves, and in weekly days of rest. The government creates conditions conducive to relaxation in one's area of residence
and to the rational use of free time.
Article 33: Citizens have the right to health protection, including use, free of charge, of the government network of health care institutions.
Paid medical assistance is permitted in accordance with and in the manner established by law.
Article 34: Citizens have the right to social services if they are elderly, sick, disabled, unable to work, have lost their provider, or are
unemployed. Families with many children, children who have lost their parents, and war veterans and other people whose health has
suffered in defense of governmental or social interests are provided with additional assistance and privileges out of social funds. The
manner of and conditions for exercising this right are regulated by law.
Article 35: Every citizen has the right to education. Elementary and high-school education are mandatory and everyone has the right to
receive such education free of charge in governmental educational institutions. The government ensures, commensurate with ability,
access for all to professional, specialized vocational, and university education. Organizations and citizens have the right, based on and in
the manner established by law, to form fee-based educational institutions.
Article 36: Citizens of Turkmenistan have the right to freedom of artistic, scientific, and technical creation. Intellectual property rights
and the legal interests of citizens in the fields of scientific and technical creation and artistic, literary, and cultural activity are protected by
law. The government facilitates the development of science, culture, art, folk art, sport, and tourism.
Article 37: The exercise of rights and freedoms is inseparable from fulfillment by persons and citizens of their obligations before society
and the government. Everyone living in or located on the territory of Turkmenistan is required to obey the Constitution and laws and
respect the national traditions of Turkmenistan.
Article 38: The defense of Turkmenistan is a sacred duty of each person. For citizens of Turkmenistan, it is established that men are
obligated to perform general military service.
Article 39: Citizens of Turkmenistan are required to pay government taxes and other payments in the manner and amounts established by
law.
Article 40: Citizens are guaranteed legal protection of honor and dignity, and of the personal and political rights and freedoms of the
person and citizen enumerated in the Constitution and laws. The actions of governmental organs, social organizations, and officials which
have been done in violation of the law, in exceeding their own authority, or in restricting the rights and freedoms of citizens may be
protested in court.
Article 41: Citizens have the right to restitution in a legal manner for material and moral harm, suffered as the result of the unlawful acts of
governmental organs, other organizations, their employees, and, likewise, private persons.
Article 42: No one may be forced to give testimony or explanations against herself or himself or close relatives. Evidence acquired under
the influence of psychological or physical pressure or other unlawful means does not have legal force.
Article 43: A law, worsening the condition of a citizen, may not be ex post facto. No one may be liable for an act which at the time of its
commission was not a violation of the law.
Article 44: The exercise of the enumerated rights and freedoms of citizens in this Constitution may be suspended only in conditions of a
state of emergency or martial law in the manner and to the extent established by the Constitution and laws.
On 18 May 1992, The Constitution of the Turkmenistan was adopted in accordance with
standards set forth by the Universal Declaration of Human Rights as is required for
admission consideration in the United Nations. A new constitution was introduced on 27
September 2008, The following is the extract of those amendments specifically pertaining to
human rights. For a full English translation of Turkmenistan's constitution, click here.
standards set forth by the Universal Declaration of Human Rights as is required for
admission consideration in the United Nations. A new constitution was introduced on 27
September 2008, The following is the extract of those amendments specifically pertaining to
human rights. For a full English translation of Turkmenistan's constitution, click here.