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What does the RA Constitution read on women’s rights and opportunities?

Today is the day of the country’s main law, the RA Constitution. It defines the basic principles, values and ideas of the organization of the society, the practical application and strengthening of which the state should strive for.

 

By the way, the RA Law on Holidays and Remembrance Days of the Republic of Armenia states that July 5th is the day not only of the Constitution, but also of state symbols – the RA state flag, coat of arms and anthem.

 

What principles and solutions does the RA Constitution enshrine in ensuring women’s rights and opportunities? It should be noted that the amended Constitution, which came into force in December 2015, added new articles on women’s rights, which are included in the second chapter, “Fundamental Rights and Freedoms of a Human and Citizen”.

 

Article 28. General equality before the law

 

Everyone is equal before the law.

 

Article 29. Prohibition of discrimination

 

Discrimination on the basis of sex, race, skin color, ethnicity or social origin, genetic characteristics, language, religion, worldview, political or other views, national minority, property status, birth, disability, age or other personal or social circumstances is prohibited.

 

Article 30. Equality between women and men

 

Women and men are legally equal.

 

One of the goals set out in Article 86 is also noteworthy.

 

Article 86. The main objectives of the state policy

 

The main objectives of the state policy in the economic, social and cultural spheres are:

 

4) promotion of de facto equality between women and men;

 

According to experts, the amendments to the Constitution are based not only on the idea of ​​establishing equality between women and men, but also on the creation of mechanisms for the realization of equal rights, which raises the issue of equal opportunities. Thus, if Article 30 establishes equality between women and men, then the need for equality of opportunity arises under Article 86, when the main goal of state policy is to “promote the de facto equality between women and men.” In this regard, the provision enshrined in the Constitution, according to which the government is obliged to submit a report to the National Assembly every year and address the mechanisms established for the de facto provision of fundamental rights, is reflected.

 

By the way, in this context, it has become clear, that the need for the RA Law on Ensuring Equal Rights and Equal Opportunities for Women and Men, which was adopted in 2013, but has not yet been mentioned in the law enforcement practice yet.

 

Meanwhile, the law is mentioned in the “Strategy for the Implementation of Gender Policy in the Republic of Armenia for 2019-2023” adopted in September of 2019, which, in particular, reads:

 

“The norm of the prohibition of discrimination on the basis of the sex of the Constitution of the Republic of Armenia is regulated by the Law of the Republic of Armenia ” On Ensuring Equal Rights and equal opportunities for Women and Men”, adopted by the National Assembly of the Republic of Armenia on May 20th, 2013, which aims to ensure gender equality in all spheres of public life, legal protection of women and men from gender discrimination, support for the formation of civil society, and the establishment of democratic relations in society. ”

 

In addition, the strategy states that “the above-mentioned norm, as part of the national legislation, is also regulated by international documents ratified by the Republic of Armenia.”

 

Full text in Armenian

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