§ 8. Every child with a parent who is an Estonian citizen has the right to Estonian citizenship by birth.
Everyone who has lost Estonian citizenship as a minor has the right to its restoration.
No one shall be deprived of Estonian citizenship acquired by birth.
No one shall be deprived of Estonian citizenship because of his or her beliefs.
The conditions and procedure for the acquisition, loss and restoration of Estonian citizenship shall be provided by a law on citizenship.
§ 9. The rights, freedoms and duties of everyone and each person, as set out in the Constitution, are equal for Estonian citizens and for citizens of foreign states and stateless persons in Estonia.
The rights, freedoms and duties set out in the Constitution extend to legal persons in so far as this is in accordance with the general aims of legal persons and with the essence of such rights, freedoms and duties.
§ 10. The rights, freedoms and duties set out in this Chapter shall not preclude other rights, freedoms and duties which arise from the spirit of the Constitution or are in accordance therewith, and are in conformity with the principles of human dignity and of a social and democratic state governed by the rule of law.
§ 11. Rights and freedoms may be restricted only in accordance with the Constitution. Such restrictions must be necessary in a democratic society and must not distort the essence of the rights and freedoms restricted.
§ 12. Everyone is equal before the law. No one shall be discriminated against on the basis of nationality, race, colour, sex, language, origin, religion, political or other beliefs, property or social status, or on other grounds.
The incitement of national, racial, religious or political hatred, violence or discrimination shall be prohibited and punishable by law. The incitement of hatred, violence or discrimination between social strata shall also be prohibited and punishable by law.
§ 13. Everyone has the right to the protection of the state and of the law. The Estonian state shall also protect its citizens abroad.
The law shall protect everyone from the arbitrary exercise of state power.
§ 14. The guarantee of rights and freedoms is the duty of the legislature, executive and judiciary, and of the municipalities.
§ 15. Everyone whose rights and freedoms are violated has the right of recourse to the courts. Everyone has the right, while his or her case is before a court, to request for any relevant law, other legal act or action to be declared unconstitutional.
The courts shall observe the Constitution and shall declare unconstitutional any law, other legal act or action that violates the rights and freedoms provided for in the Constitution or is otherwise in conflict with the Constitution.
§ 16. Everyone has the right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his or her life.
§ 17. No one’s honour or good name shall be defamed.
§ 18. No one shall be subjected to torture or to cruel or degrading treatment or punishment.
No one shall be subjected to medical or scientific experiments against his or her free will.
§ 19. Everyone has the right to free self-realisation.
In exercising his or her rights and freedoms and fulfilling his or her duties, everyone must respect and consider the rights and freedoms of others, and must observe the law.
§ 20. Everyone has the right to liberty and security of person.
No one shall be deprived of his or her liberty except in the cases and pursuant to a procedure provided by a law:
- to execute a judgment of conviction or detention ordered by a court;
- in the case of non-compliance with an order of a court or to secure the fulfilment of an obligation provided by the law;
- to prevent a criminal or administrative offence, to bring a person who is reasonably suspected of such an offence before a competent state authority, or to prevent his or her fleeing;
- to place a minor under educational supervision or to bring him or her before a competent state authority to determine whether to impose such supervision;
- to detain a person suffering from an infectious disease, a person of unsound mind, an alcoholic or a drug addict, if such person is dangerous to himself or herself or to others;
- to prevent unlawful entry into Estonia or to expel a person from Estonia or to extradite a person to a foreign state.
No one shall be deprived of his or her liberty merely on the ground of inability to fulfil a contractual obligation.
§ 21. Everyone who is deprived of liberty shall be informed promptly, in a language and manner which he or she understands, of the reason for the deprivation of liberty and of his or her rights, and shall be given the opportunity to notify those closest to him or her. A person suspected of a criminal offence shall also be promptly given the opportunity to choose and meet with defence counsel. The right of a person suspected of a criminal offence to notify those closest to him or her of the deprivation of liberty may be restricted only in the cases and pursuant to a procedure provided by a law to prevent a criminal offence, or in the interests of ascertaining the truth in criminal proceedings.
No one shall be held in custody for more than forty-eight hours without the specific permission of a court. The decision of the court shall be promptly communicated to the person in custody in a language and manner which he or she understands.
§ 22. No one shall be deemed guilty of a criminal offence until a judgment of conviction by a court against him or her enters into force.
No one shall be required to prove his or her innocence in criminal proceedings.
No one shall be compelled to testify against himself or herself, or against those closest to him or her.
§ 23. No one shall be convicted of an act which did not constitute a criminal offence under the law in force at the time the act was committed.
No one shall be sentenced to a heavier penalty than the one that was applicable at the time the offence was committed. If, subsequent to the commission of an offence, the law provides for a lighter penalty, the lighter penalty shall be applied.
No one shall be tried or punished again for an act for which he or she has been finally convicted or acquitted in accordance with the law.
§ 24. No one shall be transferred, against his or her free will, from the jurisdiction of a court specified by the law to the jurisdiction of another court.
Everyone has the right to be present at the hearing of his or her case.
Court sessions shall be public. A court may, in the cases and pursuant to a procedure provided by a law, declare that a session or a part thereof be closed to protect a state secret or trade secret, morals or the private and family life of persons, or where the interests of a minor, a victim or the administration of justice so require.
Judgment shall be pronounced publicly, except in cases where the interests of a minor, a spouse or a victim require otherwise.
Everyone has the right of appeal to a higher court against the judgment rendered in his or her case, pursuant to a procedure provided by a law.
§ 25. Everyone has the right to compensation for moral and material damage caused by the unlawful action of any person.
§ 26. Everyone has the right to the inviolability of private and family life. State agencies, municipalities and their officials shall not interfere with the family or private life of any person, except in the cases and pursuant to a procedure provided by a law to protect health, morals, public order, or the rights and freedoms of others, to prevent a criminal offence or to apprehend a criminal offender.
§ 27. The family, being fundamental to the preservation and growth of the nation and as the foundation of society, shall be under the protection of the state.
Spouses have equal rights.
Parents have the right and the duty to raise and care for their children.
The protection of parents and children shall be provided by a law.
The family has a duty to care for its members in need.
§ 28. Everyone has the right to the protection of health.
Estonian citizens have the right to assistance from the state in the case of old age, incapacity for work, loss of a provider or need. The categories and extent of assistance, and the conditions and procedure for the receipt of assistance shall be provided by a law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by a law.
The state shall promote voluntary and municipal welfare services.
Families with many children and persons with disabilities shall be under the special care of the state and municipalities.
§ 29. Estonian citizens have the right to freely choose their area of activity, occupation and employment. Conditions and procedures for the exercise of this right may be provided by a law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by a law.
No one shall be compelled to perform work or service against his or her free will, except mandatory service in the defence forces or alternative service, work to prevent the spread of an infectious disease, work in the case of a natural disaster or a catastrophe, and work which a convicted person must perform on the basis of and pursuant to a procedure established by a law.
The state shall organise vocational training and shall assist persons who seek employment in finding work.
Working conditions shall be under state supervision.
Everyone may freely belong to unions and associations of employees and employers. Unions and associations of employees and employers may uphold their rights and lawful interests by means which are not prohibited by the law. The conditions and procedure for the exercise of the right to strike shall be provided by a law.
The procedure for resolution of labour disputes shall be provided by a law.
§ 30. Posts in state agencies and municipalities shall be filled by Estonian citizens, on the basis of and pursuant to a procedure established by a law. In accordance with the law, these posts may, as an exception, be filled by citizens of foreign states or stateless persons.
The right of some categories of public servants to engage in enterprise and to form for-profit associations (§ 31), as well as the right to belong to political parties and some types of non-profit associations (§ 48) may be restricted by a law.
§ 31. Estonian citizens have the right to engage in enterprise and to form for-profit undertakings and organisations. Conditions and procedures for the exercise of this right may be provided by a law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by a law.
§ 32. The property of every person is inviolable and shall be equally protected. Property may be expropriated without the consent of the owner only in the public interest, in the cases and pursuant to a procedure provided by a law, and for fair and immediate compensation. Everyone whose property is expropriated without his or her consent has the right of recourse to the courts and to contest the expropriation, the compensation or the amount thereof.
Everyone has the right to freely possess, use, and dispose of his or her property. Restrictions shall be provided by a law. Property shall not be used contrary to the public interest.
Categories of property which, in the public interest, may be acquired in Estonia only by Estonian citizens, some categories of legal persons, municipalities or the Estonian state may be provided by a law.
The right of inheritance shall be guaranteed.
§ 33. The home is inviolable. No one’s dwelling, premises or workplace shall be forcibly entered or searched, except in the cases and pursuant to a procedure provided by a law, to protect public order, health or the rights and freedoms of others, to prevent a criminal offence, to apprehend a criminal offender, or to ascertain the truth in criminal proceedings.
§ 34. Everyone who is lawfully in Estonia has the right to liberty of movement and to choose his or her residence. The right to liberty of movement may be restricted in the cases and pursuant to a procedure provided by a law to protect the rights and freedoms of others, in the interests of national defence, in the case of a natural disaster or a catastrophe, to prevent the spread of an infectious disease, to protect the natural environment, to prevent the leaving of a minor or a person of unsound mind without supervision, or to secure the conduct of proceedings in a criminal case.
§ 35. Everyone has the right to leave Estonia. This right may be restricted in the cases and pursuant to a procedure provided by a law to secure the conduct of court or pre-trial proceedings, or to execute a court judgment.
§ 36. No Estonian citizen shall be expelled from Estonia or prevented from entering Estonia.
No Estonian citizen shall be extradited to a foreign state, except in the cases prescribed by an international treaty and pursuant to the procedure provided by such treaty and by a law. Extradition shall be decided by the Government of the Republic. Everyone who is subject to an extradition order has the right to contest extradition in an Estonian court.
Every Estonian has the right to settle in Estonia.
§ 37. Everyone has the right to education. Education shall be compulsory for school-age children to the extent specified by a law, and shall be free of charge in state and municipal general education schools.
In order to make education accessible, the state and municipalities shall maintain the requisite number of educational institutions. Other educational institutions, including private schools, may also be established and maintained on the basis of a law.
Parents shall have the final decision in the choice of education for their children.
Everyone has the right to be taught in Estonian. The language of instruction in national minority educational institutions shall be chosen by the educational institution.
The provision of education shall be supervised by the state.
§ 38. Science and art and their teaching shall be free.
Universities and research institutions shall be autonomous within the limits prescribed by the law.
§ 39. Authors have the inalienable right to their creative works. The state shall protect the rights of authors.
§ 40. Everyone has freedom of conscience, religion and thought.
Everyone may freely belong to churches and religious societies. There shall be no state church.
Everyone has the freedom to practice his or her religion, both alone and in community with others, in public or in private, unless this is detrimental to public order, health or morals.
§ 41. Everyone has the right to remain faithful to his or her opinions and beliefs. No one shall be compelled to change them.
Beliefs cannot excuse a violation of the law.
No one can be held legally liable because of his or her beliefs.
§ 42. State agencies, municipalities and their officials shall not gather or store information about the beliefs of an Estonian citizen against his or her free will.
§ 43. Everyone has the right to confidentiality of messages sent or received by him or her by post, telegraph, telephone or other commonly used means. Exceptions may be made with the permission of a court to prevent a criminal offence, or to ascertain the truth in criminal proceedings, in the cases and pursuant to a procedure provided by a law.
§ 44. Everyone has the right to freely receive information disseminated for public use.
All state agencies, municipalities and their officials have a duty to provide information about their activities, pursuant to a procedure provided by a law, to Estonian citizens at their request, except information the disclosure of which is prohibited by a law, and information intended exclusively for internal use.
Estonian citizens have the right to access information about themselves held in state agencies and municipalities and in state and municipal archives, pursuant to a procedure provided by a law. This right may be restricted on the basis of a law to protect the rights and freedoms of others or the confidentiality of a child’s filiation, and in the interests of preventing a criminal offence, apprehending a criminal offender or ascertaining the truth in criminal proceedings.
Citizens of foreign states and stateless persons who are in Estonia have the rights specified in paragraphs two and three of this section equally with Estonian citizens, unless otherwise provided by a law.
§ 45. Everyone has the right to freely disseminate ideas, opinions, beliefs and other information by word, print, picture or other means. This right may be restricted by a law to protect public order, morals, or the rights and freedoms, health, honour and good name of others. This right may also be restricted by a law for state and municipal public servants, to protect a state secret or trade secret or information received in confidence, which has become known to them by reason of their office, or the family and private life of others, as well as in the interests of the administration of justice.
There shall be no censorship.
§ 46. Everyone has the right to address state agencies, municipalities and their officials with letters and petitions. The procedure for responding shall be provided by a law.
§ 47. Everyone has the right, without prior permission, to assemble peacefully and to conduct meetings. This right may be restricted in the cases and pursuant to a procedure provided by a law to ensure national security, public order, morals, traffic safety and the safety of participants in the meeting, or to prevent the spread of an infectious disease.
§ 48. Everyone has the right to form non-profit organisations and associations. Only Estonian citizens may belong to political parties.
The establishment of organisations and associations which possess weapons, are militarily organised or perform military exercises requires prior permission, for which the conditions and procedure of issuance shall be provided by a law.
Associations, organisations and political parties the aims or activities of which are directed at a violent change of the constitutional order of Estonia, or are otherwise in conflict with the law providing for criminal liability, shall be prohibited.
Only a court may terminate or suspend the activities of, or impose a fine on, an organisation, association or political party for a violation of the law.
§ 49. Everyone has the right to preserve his or her national identity.
§ 50. National minorities have the right, in the interests of their national culture, to establish self-governing agencies under conditions and pursuant to a procedure provided by a law on cultural autonomy for national minorities.
§ 51. Everyone has the right to address state agencies, municipalities and their officials in Estonian and to receive responses in Estonian.
In localities where at least one-half of the permanent residents belong to a national minority, everyone has the right to receive responses from state agencies, municipalities and their officials also in the language of the national minority.
§ 52. The official language of state agencies and municipalities shall be Estonian.
In localities where the language of the majority of the residents is not Estonian, municipalities may, to the extent and pursuant to a procedure provided by a law, use the language of the majority of the permanent residents of the locality as an internal working language.
The use of foreign languages, including the languages of national minorities, in state agencies and in court and pre-trial proceedings shall be provided by a law.
§ 53. Everyone has a duty to preserve the living and natural environment and to compensate for damage he or she causes to the environment. The procedure for compensation shall be provided by a law.
§ 54. Estonian citizens have a duty to be loyal to the constitutional order and to defend the independence of Estonia.
If no other means are available, every Estonian citizen has the right to initiate resistance against a violent change of the constitutional order.
§ 55. Citizens of foreign states and stateless persons who are in Estonia have a duty to respect the constitutional order of Estonia.