Regarding
the application of the Human Rights Defender, the Constitutional Court
recognized as unconstitutional the absolute ban on participating in a trade
union established for a number of types of public service.
Based
on the Defender's application, on April 11, the Constitutional Court recognized
as unconstitutional the absolute ban on participation in trade unions
established for the employees of the armed forces, police, national security,
prosecution bodies, as well as judges and judges of the Constitutional Court.
The
Constitutional Court has set the deadline for the repeal of the recognized
provisions contradicting the Constitution on November 11, 2023, giving the
National Assembly the opportunity to bring the legal regulations of a number of
laws into line with the decision of the Constitutional Court.
By
the same decision, the Constitutional Court also recognized as conforming to
the Constitution the provisions prohibiting an employee of the national
security bodies from being a member of a religious organization and a
serviceman from creating religious associations.
On August 23, 2022, the Defender submitted an
application to the Constitutional Court, contesting Article 39, (Part 1 (7.))
of the Law on Service in the Police, Article 43, Part 1 (8.)) of the law on
Service in National Security Bodies, Compliance of Article 8 (Part 1(3.)) of
the law "on Military Service and the Status of Servicemen", Article 6
(Part 5) of the law on Trade Unions with the Articles 41, 45, 78, 79 of the
Constitutions of 5the Repulic of Armenia. The Defender disputed the compliance
of the established bans with the rights of freedom of religion, freedom of
association, proportionality and certainty.
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