Last Change:

04/09/2025

Constitution of the Republic of Tajikistan

Year: 1994

Type: Domestic law

Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation

Description

The Constitution of Tajikistan establishes the country as a democratic, secular state that emphasizes human rights and equality. It provides for foreign nationals and stateless persons rights comparable to those of citizens, although certain limitations may apply. Article 16 of the Constitution states, "Foreign citizens and stateless persons enjoy the rights and freedoms and have the responsibilities and duties of citizens of
Tajikistan except in cases stipulated by law. Tajikistan will offer political asylum to foreign citizens whose human rights are violated."

Selected provisions
Article No.36 - Right to Housing

Everyone has the right to housing. This right is ensured through the implementation of state, public, cooperative, and individual housing construction programs.

Article 19 - Judicial protection

Everyone is guaranteed judicial protection. Every individual has the right to demand that their case be considered by a competent, independent, and impartial court established in accordance with the law.

No one may be subjected to detention or arrest without legal grounds. From the moment of detention, a person has the right to legal counsel.

Article 21 - Protection of the victim

The law protects the rights of the victim. The state guarantees the victim judicial protection and compensation for the damage inflicted.

Article 41 - Right to education

Everyone has the right to education. General basic education is mandatory. The state guarantees free mandatory general basic education in public educational institutions.

Everyone, within the limits established by law, has the right to receive free general secondary, primary, vocational, secondary vocational, and higher professional education in public educational institutions.

Other forms of education are determined by law.

Article 26 - Right to religion

Everyone has the right to independently determine their attitude toward religion, to practice any religion individually or jointly with others, or to practice no religion at all. They also have the right to participate in religious rites, rituals, and ceremonies.

Article 10 - Authority of the Constitution

The Constitution of Tajikistan holds legal authority, and its provisions are directly applicable. Laws and other legal acts that contradict the Constitution have no legal force.

The state, all its bodies, officials, citizens, and their associations are required to comply with and implement the Constitution and the laws of the Republic.

International legal acts recognized by Tajikistan are an integral part of the legal system of the republic. In case of discrepancies between the laws of the republic and recognized international legal acts, the norms of international legal acts shall apply.

Laws and internationally recognized legal acts of Tajikistan enter into force after their official publication.

Article 33 - Right to family

The family, as the foundation of society, is under the protection of the state.

Everyone has the right to create a family. Men and women who have reached marriageable age have the right to freely enter into marriage. In family relationships and during the dissolution of marriage, spouses are equal.

Polygamy is prohibited.

Article 38 - Right to health protection

Everyone has the right to health protection. Everyone, within the limits defined by law, has access to free medical care in state healthcare institutions.

The state takes measures to improve the environment, develop mass sports, physical culture, and tourism.

Other forms of medical assistance are determined by law.

Part No.3 of Article 16 - Rights of foreign citizens

A citizen of Tajikistan outside the country is under the protection of the state. No citizen of the republic may be extradited to a foreign state. The extradition of a criminal to a foreign state is permitted based on a bilateral agreement.

Foreign citizens and stateless persons enjoy the established rights and freedoms and bear equal duties and responsibilities with the citizens of Tajikistan, except in cases provided by law.

Tajikistan may grant political asylum to foreign citizens who have become victims of human rights violations.

Article 69 - Powers of the President

Powers of the President:
24) Decides matters of citizenship;
25) Grants political asylum.

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