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| =PREAMBLE=
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| In the Name of the Father and of the Son and of the Holy Spirit. We, the Archimandrite and assembled Hegumens of the Serene Monastic Republic of the Holy Mountain make known herewith that this Constitution has been promulgated by Us in the year of Our Lord 1870 as follows:
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| =DEFINITIONS=
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| *'''Serene Monastic Republic of the Holy Mountain''' shall be the official name of the sovereign nation and shall indicate the totality of the territory and the citizens of the sovereign nation.
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| *'''Monastic Republic''' shall be the shortened name of the sovereign nation.
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| *'''Mt. Athos''' shall indicate the name of the mountain at the end of the peninsula.
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| *'''Holy Mountain''' shall indicate the territory of the monasteries, access to which is prohibited to women.
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| *'''The Lowland''' shall indicate the plain between the Holy Mountain and the border of the Hellenic Republic.
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| *'''The Isles''' shall indicate the island of Ammanouli and its adjacent isles which lie in the Aegean Sea to the west of the Lowland.
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| *'''Monk''' shall indicate the men who live in the monasteries of the Holy Mountain.
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| *'''Citizen''' shall indicate the men, women, and children of the laity who live in the Lowland and the Isles.
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| *'''People''' shall indicate the monks and citizens of the Monastic Republic.
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| =TITLE I - SOVEREIGNTY OF THE SERENE MONASTIC REPUBLIC OF THE HOLY MOUNTAIN=
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| ==Article 1 [Sovereignty]==
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| *§1 The Serene Monastic Republic of the Holy Mountain is a Christian, democratic, sovereign, independent, and neutral nation.
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| *§2 This Constitution proclaims that the action of the Serene Monastic Republic of the Holy Mountain is inspired by the principles of respect and promotion of liberty, equality, justice, tolerance, defence of human rights and dignity of the person.
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| *§3 Sovereignty is vested in the duly elected Hegumens of the twenty monasteries, who exercise it through the executive power of the Archimandrite, the legislative power of the democratically elected Hegumens, and the institutions established in this Constitution.
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| *§4 Although the Monastic Republic is but a single community, for purposes of representation and statistics it is comprised of the twenty monasteries, and the land apportioned to each one, and the Lowland and the Isles.
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| *§5 There is no political entity smaller than the Monastic Republic itself.
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| *§6 The territory of the Monastic Republic is inviolable and no portion of it may be ceded.
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| *§7 The purpose and mission of the Monastic Republic is to provide an opportunity for men of the Christian Faith to come closer to God through a life of prayer and penance.
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| *§8 The citizens of the Lowland and the Isles provide logistical support to this mission.
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| *§9 Unless specified otherwise, all articles in this Constitution pertain to both the monasteries and the Lowland and the Isles.
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| ==Article 2 [Language, Capital]==
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| *§1 Greek is the official language of the Monastic Republic and shall be the only language used in the deliberations of the Executive and the Legislative Branches of the Government.
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| *§2 The town of Karyes shall be the capital of the Monastic Republic and the seat of the assembled Hegumens.
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| ==Article 3 [Constitution and Laws]==
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| *§1 This present Constitution, which is the highest rule of the Monastic Republic’s legal system, binds all public and private institutions as well as individuals.
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| *§2 The Constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavorable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness.
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| *§3 The universally recognized principles of international public Law are incorporated into the legal system of the Monastic Republic.
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| ==Article 4 [Treaties]==
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| *§1 Treaties by which sovereign rights or prerogatives of the Monastic Republic would be affected, a new burden imposed on the Monastic Republic or its citizens, or an obligation assumed that would limit the rights of the monasteries shall require the assent of a three-quarters majority of the [[wikipedia:Holy Synod|Holy Synod]].
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| *§2 Treaties and international agreements take effect in the legal system from the moment of their publication in the ''Official Journal of the Serene Monastic Republic of the Holy Mountain'' and cannot be amended or repealed by Law.
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| =TITLE II THE ARCHIMANDRITE=
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| ==Article 5 [The Archimandrite]==
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| *§1 Sovereignty over the Serene Monastic Republic of the Monastic Republic is vested in the duly appointed Archimandrite. The Archimandrite is the symbol and guarantee of the permanence the Monastic Republic as well as of its independence and the maintenance of the spirit of parity in the traditional balanced relation with the world communities. He proclaims the consent of the monasteries to honor their international obligations in accordance with the Constitution.
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| *§2 The Archimandrite is the Head of State and the Head of Government and shall exercise his rights pertaining to the powers of the Monastic Republic in accordance with the provisions of this Constitution and of the other laws. The executive power belongs to him and he shall have no powers other than those formally bestowed on him by the Constitution or those specific laws passed by virtue of the Constitution.
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| *§3 The Archimandrite is the Chairman of the Holy Synod of the Orthodox Church of the Holy Mountain.
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| *§3 As Bishop of the Orthodox Church of the Holy Mountain, the Archimandrite governs as an autocrat to whom the Holy Synod act merely as advisors.
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| ==Article 6 [Appointment to the Archimandriteship]==
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| *§1 The Archimandrite shall be appointed from the twelve Orthodox hegumens in a rotation determined by the seniority of the monasteries for a term of five years. A list of the seniority of the monasteries shall be a schedule added to this Constitution.
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| *§2 Upon election the Archimandrite shall be sworn in at the Divine Liturgy in the presence of the other nineteen Hegumens who shall affirm their fealty by a gesture to be determined by Law.
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| *§3 Every Archimandrite shall declare orally upon his honor and dignity the following oath during the Divine Liturgy: “I swear by the Father, the Son, and the Holy Spirit to observe the Constitution of the Serene Monastic Republic of the Holy Mountain and its other laws, and to observe the independence and the territorial integrity of this Serene Monastic Republic.” He shall then sign his name to this oath.
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| *§4 This oath shall be administered to the new Archimandrite by the outgoing Archimandrite and witnessed by the signatures of the nineteen Hegumens.
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| *§5 Should the office of Archimandrite become vacant before the end of the tenure, the Hegumen next in the order of rotation shall be sworn in and begin his five-year term.
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| ==Article 7 [Required signature]==
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| *Every law shall require the signature of the Archimandrite to attain legal force.
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| ==Article 8 [Implementation of Laws]==
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| *§1 In consultation with the Holy Synod, the Archimandrite shall take the measures necessary for the execution and implementation of the laws and the measures pursuant to his rights of administration and supervision and shall issue the appropriate ordinances. In urgent cases, he shall take the necessary measures for the security and welfare of the Monastic Republic.
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| *§2 Emergency decrees may not suspend the Constitution as a whole or individual provisions thereof but may only limit the applicability of individual provisions of the Constitution. Emergency decrees may not curtail the right of each person to life, the prohibition of torture and inhumane treatment, the prohibition of slavery and forced labor, or the principle of ''nulla poena sine lege.'' Moreover, the provisions of this article may not be limited by emergency decrees. Emergency decrees shall expire at the latest six months after they have been issued.
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| ==Article 9 [Appointment of Judges]==
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| *The Archimandrite shall appoint the Judges in accordance with the provisions of this Constitution.
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| ==Article 10 [Commander-in-chief]==
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| *The Archimandrite is ''domestikos ton scholon'' of the Monastic Republic’s gendarmery. As such, he determines policies of public safety and security within the limits prescribed by Law, appoints the ''protostrator'', and grants commissions to officers.
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| ==Article 11 [Right of Pardon]==
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| *§1 The Archimandrite shall have the right of pardon, of mitigating or commuting legally adjudicated sentences, and of quashing initiated investigations.
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| ==Article 12 [Creation of Services]==
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| *The Archimandrite shall create and structure the services considered to be necessary for the performance of the Monastic Republic’s institutional functions and shall appoint the holders of these services and their accreditation to all effects.
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| ==Article 13 [Money and Stamps]==
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| *§1 The Archimandrite shall issue postage stamps in keeping with the Law.
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| *§2 The currency of the Hellenic Empire shall be legal tender in the Monastic Republic.
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| *§3 There shall be no private ownership of gold bullion, with the exception of that used in jewelry and coins held for numismatic purposes.
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| ==Article 14 [Credit]==
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| *The Archimandrite shall supervise the regulation of credit.
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| ==Article 15 [Passports]==
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| *Passports shall be issued in the name of the Archimandrite. They are likewise revoked by the Archimandrite.
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| ==Article 16 [Proxy for the Archimandrite]==
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| *§1 The Archimandrite may entrust any other Orthodox Hegumen as his proxy with the exercise of the sovereign rights pertaining to the Archimandrite, should the Archimandrite be temporarily unable to exercise these rights.
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| *§2 The powers of the Archimandrite given by this Constitution may not be proposed for amendment in an interval during which another person is acting for him.
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| =TITLE III. RIGHTS AND FREEDOMS=
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| ==Chapter I. General principles==
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| ===Article 17 [Human Dignity Inalienable]===
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| *The Constitution recognises human dignity to be inalienable and therefore guarantees the inviolable and imprescriptible rights of the individual, which constitute the foundation of political order, social peace and justice.
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| ===Article 18 [Equality]===
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| *§1 All persons are equal before the Law. No one may be discriminated against on grounds of birth, race, sex, origin, religion, opinions or any other personal or social condition.
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| *§2 Public authorities shall create the conditions such that the equality and the liberty of individuals may be real and effective.
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| *§3 Nowhere in this Constitution shall the use of the masculine pronoun be construed as meaning only someone of the masculine gender, with the exception of positions on the Holy Mountain.
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| ==Chapter II. Monastic Republic nationality==
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| ===Article 19 [Monastic Republic nationality]===
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| *§1 A person whose father or mother is a citizen of the Monastic Republic at the birth of the child shall be a citizen of the Monastic Republic by descent.
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| *§2 Merely being born in the territory of the Monastic Republic does not confer citizenship.
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| *§3 Every child who is found within the Monastic Republic and the whereabouts of whose parents are unknown shall, until the parents of the child are traced, be deemed to be a citizen of the Monastic Republic by descent.
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| *§4 Any man who enters the novitiate in any one of the twenty monasteries becomes a citizen of the Monastic Republic.
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| *§5 The acquisition of citizenship of the Monastic Republic by a foreign national shall be regulated by Law.
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| ==Chapter III. The fundamental rights of the person and public freedoms==
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| ===Article 20 [Right to Life]===
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| *§1 The Constitution recognises the right to life and fully protects it in all its phases, from conception to death.
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| *§2 All persons have the right to physical and moral integrity. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
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| *§3 The death penalty is prohibited.
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| *§4 A person shall not be regarded as having been deprived of his life in contravention of this article if he dies as the result of the use of force to such extent as is reasonably justifiable in the following circumstances:
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| **a. defending of any person from violence or the defence of property;
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| **b. effecting a lawful arrest or preventing the escape of a person lawfully detained;
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| **c. suppressing a riot, insurrection or mutiny; or
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| **d. preventing the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.
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| ===Article 21 [Right to Liberty and Security]===
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| *§1 All persons have the right to liberty and security and shall be deprived of them only on such grounds and in accordance with such procedures as are established in the Constitution or by Law.
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| *§2 Any person who is arrested or detained shall be informed at the time of his arrest or detention, in a language that he understands, of the reasons for his arrest or detention. If an interpreter is necessary and is not readily available or if it is otherwise impracticable to comply with the provisions of this sub-article at the time of the person’s arrest or detention, such provisions shall be complied with as soon as practicable.
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| *§3 Executive detention shall take no longer than the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the Court of Justice within 48 hours.
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| *§4 The Law shall establish a procedure so that the detained may request the Court of Justice to decide about the lawfulness of the detention. Likewise the Law shall establish the procedure to restore the impaired fundamental rights of any person under detention.
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| *§5 No one shall be held criminally or administratively liable on account of any acts or omissions which were lawful at the time when they were committed.
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| *§6 It is not permitted to deport or exile Citizens, or to prevent them from returning to the Monastic Republic.
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| *§7 Monks who are deemed unsuitable for the vocation by the monastic authorities shall be given the option of either becoming a Citizen or returning to their homeland.
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| ===Article 22 [Right to Jurisdiction]===
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| *§1 All persons shall have the right to jurisdiction and to have a ruling founded in the Law, and to a due trial before an impartial tribunal established by Law.
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| *§2 All persons shall have the right to counsel and the technical assistance of a competent lawyer, to trial within a reasonable time, to the presumption of innocence, to be informed of the charges against them, not to declare themselves guilty, not to testify against themselves or members of their family and to appeal in criminal causes.
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| *§3 No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of the Supreme Tribunal made in the course of appeal or review proceedings relating to the conviction or acquittal. No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
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| *§4 In order to guarantee the principle of equality, the Law shall regulate the cases when justice shall be free of cost.
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| *§5 Penalties may be threatened or imposed only in accordance with the Law.
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| ===Article 23 [Freedom of Thought]===
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| *§1 The Constitution guarantees the freedom of ideas, religion and cult, and no one is bound to disclose his or her ideology, religion or beliefs; nor may anyone be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion, nor to observe the days of rest.
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| *§2 The Monastic Republic does not have the right to intervene either in the nomination or in the installation of ministers of any religion, other than the Orthodox Church of the Holy Mountain, nor to forbid these ministers from corresponding with their superiors, or from publishing their acts, except, in the latter case, taking into consideration normal responsibilities in matters of press and publication.
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| *§3 Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by Law and are necessary in the interests of public safety, order, health or morals, or for the protection of the fundamental rights and freedoms of others.
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| *§4 The Orthodox Church of the Holy Mountain is the National Church. The Constitution guarantees this Church free and public exercise of its activities.
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| *§5 Other faiths shall also be entitled to practice their creeds and to hold religious services within the limits of morality and public order in the Lowland and the Isles.
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| *§6 Time for religious teaching shall be provided in all schools in the Monastic Republic as part of compulsory education, unless objection to such requirement is made by the person who according to law has authority over him, in which case the student shall receive non-denominational moral education.
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| *§7 Ownership and all other proprietary rights of religious communities and associations in respect of their institutes, foundations and other possessions devoted to worship, instruction, and charity, with the exception of real property, shall be guaranteed.
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| *§8 The Monastic Republic awards remuneration and pensions to duly authorized religious leaders in accord with Law; those amounts required are included in the General Budget on an annual basis. No other payments from the General Budget to religious bodies are permitted.
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| ===Article 24 [Freedom of Expression]===
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| *§1 Freedoms of expression, of communication and of information are guaranteed. All persons shall have the right to freely express their opinions and to communicate their ideas verbally, in writing, in print or with images, within the limits of the Law and morality.
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| *§2 The Law shall regulate the right of reply, the right of correction and of professional secrecy.
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| *§3 Preliminary censorship or any other means of ideological control on the part of the public authorities shall be prohibited.
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| *§4 Censorship may be exercised only in respect of public performances and exhibitions.
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| ===Article 25 [The Family]===
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| *§1 The Monastic Republic shall promote a policy of protection of the family, which is the basic foundation of society.
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| *§2 Marriage is a civil contract; only those marriages witnessed by a minister of the Monastic Republic are valid. However, the right of religions to conduct marriages is upheld. Duly authorized ministers of religion may function as ministers of the Monastic Republic with respect to marriage.
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| *§3 Only that union between one man and one woman shall be called a marriage and shall have the full protection of the Law. The civil status of persons and forms of marriage shall be regulated by Law. The civil effects of Canon Law marriage shall be recognized.
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| *§4 The Monastic Republic shall not recognize a union contrary to that described in §3 that has taken place between those who wish to become citizens of the Monastic Republic.
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| *§5 Both spouses have the same rights and duties. All children are equal before the Law, regardless of their parentage.
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| ===Article 26 [Right to Privacy]===
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| *The right to privacy, honor and reputation shall be guaranteed. All shall be protected by Law against unlawful interference in their family and private life.
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| ===Article 27 [Inviolability of the Home]===
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| *§1 Inviolability of the home shall be guaranteed. No one shall enter a dwelling or any other premises against the will of the owner or without a warrant, except in case of ''flagrante delicto''. The privacy of communication shall also be guaranteed, except upon a reasoned court order.
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| *§2 Except in the cases specified by Law and in the manner prescribed by Law, no person may be arrested or kept in custody, no houses, persons, letters or documents may be searched, and no letters or documents may be seized.
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| *§3 Persons arrested unlawfully and persons arrested or convicted and shown to be innocent shall be entitled to full compensation from the Monastic Republic as determined by the Court of Justice. Whether and to what extent the Monastic Republic has a right of recourse against third parties in such cases shall be determined by Law.
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| ===Article 28 [Right to Assemble]===
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| *The right to meet and assemble for any lawful purpose shall be respected. The exercise of the right of assembly requires that the authorities be notified in advance, and shall not prevent the free movement of goods and people.
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| ===Article 29 [Right to Associations]===
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| *§1 The right to form and maintain managerial, professional and trade-union associations shall be recognised. Without prejudice to their links with international institutions, these organizations shall operate within the limits of the Lowland and the Isles, shall have their own autonomy without any organic dependence on foreign bodies, and shall function democratically. A law shall establish a Registry of the associations which may be constituted.
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| *§2 Workers and employers have the right to defend their own economic and social interests. Laws shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community.
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| *§3 Civil and military positions are the exclusive rights of the Citizens of the Lowland and the Isles.
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| ===Article 30 [Right to Education]===
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| *§1 All Citizens have the right to an education, which shall be oriented towards the dignity and full development of the human personality, thus strengthening the respect for freedom and the fundamental rights.
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| *§2 Freedom of teaching and of establishing teaching centers shall be recognised.
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| *§3 Parents have the right to decide the type of education for their children. They also have the right to moral or religious instruction for their children in accordance with their own convictions.
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| ===Article 31 [Freedom of Movement]===
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| *§1 The Citizens have the right to move freely throughout the Lowland and the Isles and to enter and leave the Lowland and the Isles in accordance with the laws.
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| *§2 The residence rights of foreigners shall be determined by international treaties or, if applicable, by reciprocity.
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| *§3 The Citizens and lawful resident foreigners have the right freely to choose their residence in the Lowland and the Isles, unless there is a law to the contrary.
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| *§4 Women may not enter the Holy Mountain. Men may enter only by invitation.
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| ===Article 32 [Rights of Foreigners]===
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| *§1 Foreigners enjoy all the public and private rights and privileges not reserved by Law to Citizens.
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| *§2 Every foreigner who is legally resident or a tourist in the Monastic Republic shall have the right to protection of his person and his property in accordance with the Law. Foreigners shall have regard for society's values and respect its traditions and customs.
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| *§3 The non-renewal of the residence permit or the expulsion of a lawful resident shall only be decided pursuant to the causes and terms determined by Law, after a non-appealable decision of the Court of Justice, if the interested person exercises his right to jurisdiction.
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| ===Article 33 [Right to Petition]===
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| *§1 The right to petition the Archimandrite shall be guaranteed; not only individuals whose rights or interests are affected but also associations shall be entitled to have their wishes and requests brought before the Archimandrite.
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| *§2 The right of complaint shall be guaranteed. Every Citizen of the Monastic Republic shall be entitled to lodge a complaint regarding any action or procedure on the part of a public authority that is contrary to the Constitution, the Law, or ordinances and that is detrimental to his rights or interests. Such complaint may be addressed to the immediately superior authority and may, if necessary, be pursued to the highest authority, to the extent that the stages of recourse are not limited by Law. If a complaint thus submitted is rejected by the superior authority, the superior authority shall be required to disclose to the complainant the reasons for its decision. The Court of Justice is the court of final appeal.
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| ===Article 34 [Obligation to Bear Arms]===
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| *§1 Defense of the homeland is a sacred duty. Every Citizen fit to bear arms shall be required to serve in the Gendarmery for a period of two years.
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| *§2 Every Citizen fit to bear arms shall be required, until the completion of his 59th year, to serve in the Gendarmery in the event of emergency.
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| *§3 The freedom to own and use firearms shall be regulated by Law.
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| ==Chapter IV. Political rights of Citizens==
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| ===Article 35 [Right to Vote]===
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| *Every Citizen of the Lowland and the Isles who has completed his 18th year, has his residence in the Monastic Republic, and whose right to vote has not been suspended shall be entitled to all political rights in national matters.
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| ===Article 36 [Right to Public Office]===
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| *Every Citizen has the right of accession to public service and office under the same conditions and in accordance with the requirements determined by Law. The exercise of institutional posts is reserved to the Citizens, with the exceptions that may be provided for in the Constitution or in international treaties.
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| ===Article 37 [Right to Create Political Parties]===
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| *The Citizens have the right freely to create political parties. The functioning and organization of these political parties must be democratic and their activities lawful. The suspension of their activities and their dissolution is the responsibility of the Court of Justice.
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