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The Constitution of the Republic of Moldova of July, 29, 1994

Published in Monitorul Oficial al R. Moldova, N1, July, 18, 1994

As amended by:

1. Law no. 351-XV of 12 July 2001 ("Monitorul Oficial" no. 90-91/699 of 2 August 2001)

2. Law no. 1469-XV of 21 November 2002 ("Monitorul Oficial" no. 169/1290 of 12 December 2002)

3. Law no. 1470-XV of 21 November 2002 ("Monitorul Oficial" no. 169/1292 of 12 December 2002)

4. Law no. 1471-XV of 21 November 2002 ("Monitorul Oficial" no. 169/1294 of 12 December 2002)

5. Law no. 344-XV of 25 July 2003 ("Monitorul Oficial" no. 170-172/721 of 8 August 2003).

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CHAPTER II

FUNDAMENTAL RIGHTS AND FREEDOMS

Article 24. Right to life, to physical and mental integrity

(Article 24 paragraph 3 amended by the Law no. 351-XV of 12 July 2001)

(1) The State shall guarantee to everyone the right to life, to physical and mental integrity.

(2) No one shall be subject to torture or other cruel, inhuman or degrading punishments or treatments.

(3) The capital punishment shall be abolished. No one shall be sentenced to such a penalty, nor executed unless for actions committed during the wartime, or an imminent war danger and only under the law.

Article 25. Individual freedom and security of person

(Article 25 paragraphs 3 and 4 amended by the Law no. 351-XV of 12 July 2001)

(1) Individual freedom and security of person shall be inviolable.

(2) Search, detainment in custody or arrest of a person shall be allowed only in cases and pursuant to the procedure foreseen by the law.

(3) The period of detention in custody may not exceed 72 hours.

(4) Arrest shall be made under a warrant issued by a judge for a period of 30 days at the most. The arrested person may lodge a complaint with a hierarchically superior court of law on the legality of the warrant, under the terms of law. The term of detention may be extended, under the law, only by the judge or court of law to 12 months at the most.

(5) The detained in custody or arrested person shall be informed without delay on the reasons of his/her detention or arrest, and notified of the charges against him/her, as soon as possible; the notification of the charges shall be made only in the presence of a lawyer, either chosen by the defendant or appointed ex officio.

(6) The release of the detained or arrested person shall be mandatory, if the reasons of his/her detention or arrest have been eliminated.

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Article 27. Right of free movement

(1) The right of free movement throughout the country shall be guaranteed.

(2) Every citizen of the Republic of Moldova shall be guaranteed the right to settle his/her domicile or place of residence anywhere within the national territory, to travel abroad, to emigrate and to return to the country.

Article 28. Intimate, family and private life

The State shall respect and protect the intimate, family and private life.

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Article 44. Prohibition of forced labour

(1) Forced labour shall be prohibited.

(2) It shall not be regarded as forced labour:

a) any service of military character or activities performed in lieu thereof by those who, under the law, are exempted from compulsory military service;

b) the work of a sentenced person, carried out under normal conditions, during detention or conditional release;

(c) services such as required to deal with calamities or other dangers, as well as those which are part of normal civil obligations, as foreseen by law.

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Article 47. Right to social assistance and protection

(1) The State shall be bound to take actions aimed at ensuring to every person and to his/her family a decent standard of living, health protection and welfare including food, clothing, shelter, medical care, and the necessary social services.

(2) All citizens shall have the right to be socially secured in case of: unemployment, disease, disability, widowhood, old age or other cases of loss of the subsistence means, due to certain circumstances beyond their control.

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Article 49. Protection of family and orphaned children

(1) The State shall facilitate, by economic and other such actions, the formation of a family, and the fulfilment of its assigned obligations.

(2) The State shall protect the motherhood, children and young people, by fostering the development of the required institutions.

(3) All the concerns aimed at maintaining, upbringing and educating the orphaned children and those deprived of parental care shall be devolved to the State and society. The State shall promote and support the charitable activities for the benefit of these children.

Article 50. Protection of mothers, children and young people

(1) Mothers and children shall benefit by special assistance and protection. All the children, including those born out of wedlock, shall enjoy the same social protection.

(2) Children and young people shall enjoy a special form of assistance in the pursuit of their rights.

(3) The State shall grant the necessary allowances for children and benefits required for the care of sick or disabled children. Other forms of social assistance for children and young people shall be provided for by law.

(4) The exploitation of minors and their involvement in activities, which might be injurious to their health, moral conduct, or endanger their life or proper development shall be forbidden.

(5) Public authorities shall be bound to secure appropriate conditions enabling young people to freely take part in the social, economic, cultural and sporting life of the country.

Article 51. Protection of disabled persons

(1) The disabled persons shall enjoy special protection from the whole of society. The State shall ensure normal conditions for medical treatment and rehabilitation, education, training and social integration of disabled persons.

(2) No one can be subdued to the forced medical treatment unless for the cases foreseen by law.

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