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Constitution - Belarus
The Constitution of the Republic of Belarus of 1994 adopted at the republican
referendum of November 24, 1996, contains a separate Section 2 entitled
"The Individual, Society, and State" which ensures various rights
and guarantees to citizens of the Republic of Belarus and other individuals.
Relevant rights may be summarised as follows:
- First of all, as a general principle, it is stated in article 22
that all individuals are equal before the law and entitled to equal
protection of their rights and legitimate interests without any discrimination.
- Article 32 places marriage, the family, motherhood, fatherhood, and
childhood under the protection of the state. Article 32(2) proclaims
that husband and wife shall be equal in family relations.
- The fifth paragraph of this article expressly guarantees women equal
rights with men in their opportunities to receive education and vocational
training, promotion in labour, socio-political, cultural and other spheres
of activity, as well as in creating conditions safeguarding their labour
and health.
- Article 41 guarantees to citizens of the Republic of Belarus the
right to work as the worthiest means of an individual's self-assertion.
This right is understood as comprising the right to choose one's profession
and occupation in accordance with one's capabilities, education, training
and social needs as well as the right to healthy and safe working conditions.
The same article guarantees the right to protection of economic and
social interests, including the right to form trade unions and conclude
collective agreements.
- Article 42 guarantees a just share of remuneration for the economic
results of one's labour, and it is expressly stated that women and men
shall be entitled to equal remuneration for work of equal value.
- Article 43 secures the right of working people to holidays, including
annual paid leave and weekly rest days. The working week is fixed at
40 hours.
- Article 45 guarantees the right of citizens to health-care, which
shall be secured inter alia through improvements in occupational safety.
- Article 47 guarantees to the citizens of the Republic of Belarus
the right to social security.
- Article 49 stipulates that everyone shall have the right to education,
whereby general, secondary and vocation-technical education is guaranteed
to be accessible to all and free.
Article 8 of the Constitution recognizes the supremacy of the universally
acknowledged principles of international law and formulates the obligation
of the Republic of Belarus to ensure that its laws comply with such principles.
The conclusion of treaties that are contrary to the Constitution is prohibited.
The status of international treaties in the internal legal order of the Republic of Belarus is further regulated in the Law On International Treaties of the Republic of Belarus of 23 October, 1991 (in
English). According to article 15 of this law, international treaties in force are subject to direct application.
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