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There appears to be no legislation in place in Armenia which prohibits slavery, although ‘kidnapping’ for the purpose of slavery is criminalised in article 131 of the Criminal Code. Article 133 also criminalises ‘illegal deprivation of freedom’ that does not constitute kidnapping.
There appears to be no legislation in place in Armenia which prohibits institutions and practices similar to slavery.
There appears to be no legislation in place in Armenia which prohibits servitude, although ‘kidnapping’ for the purpose of servitude is criminalised in article 131 of the Criminal Code.
Provisions related to forced labour are found in the Constitution which prohibits compulsory labour at article 32.
Provisions related to trafficking in persons are found in the Criminal Code of the Republic of Armenia which makes ‘trafficking’ for the purpose of sexual exploitation or forced labour an offence at article 132. Article 131 also criminalises ‘kidnapping’ for the purpose of prostitution, sexual exploitation, forced labour or services, slavery, practices similar to slavery, servitude, or the removal of human organs. The acts and means required for ‘kidnapping’ are consistent with trafficking under the Palermo Protocol.
Provisions related to forced marriage in Armenia are found in the 2004 Family Code, which addresses the marriage concluded without voluntary consent of one of the spouses as a result of compulsion, deceit or confusion at Article 21.
Provisions requiring consent to marriage in Armenia are found in the Family Code, section 10(1) of which states that the mutual voluntary consent of a man and a woman and the marital age of them (17 for women and 18 for men) are necessary for marriage conclusion. Section 20 of the Family Code further recognises that the consent of a party or prospective party to a marriage is invalidated where the person was subjected to coercion. Article 35(1)of the Constitution also recognises that marriage is founded / based on consent.
There appears to be no legislation in Armenia that prohibits servile matrimonial transactions.
Although legislation in Armenia does not prohibit marriage trafficking as such, it does prohibit kidnapping for practices similar to slavery under Article 131 of the Criminal Code, with a potential penalty of imprisonment from two to five years.
The minimum age for marriage in Armenia is 18, without differentiation by gender, as set out on Article 10 of the 2004 Family Code, as amended in 2013. Where marriages are conducted involving a person below the minimum age, they are recognised invalid, as set out on Article 20 of the 2004 Family Code. There are no exceptions allowing marriage below this minimum age.
Eastern Europe
European Court of Human Rights
Civil
Article 32
Everyone shall have the right of choice of employment.
Each employee shall have the right to fair remuneration in the amount no less than the minimum set by law, as well as the right to working conditions in full compliance with safety and hygiene requirements.
Employees shall have the right to strike for the protection of their economic, social and employment interests, the procedure for and limitations thereon shall be prescribed by law.
The children under the age of 16 shall not be allowed to work full time. The procedure and conditions for their hiring to a part-time job shall be defined by law.
Compulsory labor shall be prohibited.
Article 131. Kidnapping.
1. The recruitment, transportation, transfer, harboring, or receipt of persons by means of the threat or use of force, of kidnapping, of fraud, of other deception, of the abuse of power or of a position of vulnerability or bribing to achieve the consent of a person having control over another person, for the purpose of prostitution or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of human organs, is punished with imprisonment for the term of 2 to 5 years.
2. The same action committed:
1) by a group of persons with prior agreement;
2) by using violence dangerous for life or health or threat of using violence;
3) by using weapons or items used as weapons;
4) against a minor;
5) against a pregnant woman;
6) against two or more persons;
7) with mercenary motives,
8) by a person previously convicted for kidnapping, is punished with imprisonment for the term of 4 to 8 years.
3. The act envisaged in part 1 or 2 of this Article, if:
1) it was done by an organized group;
2) by negligence the death of the aggrieved was caused or other grave consequences, or grave damage was inflicted to his health, is punished with imprisonment for the term of 7 to 10 years.
Article 132. Trafficking
1. Recruitment, transportation, transfer, harboring, or receipt of persons for the purpose of sexual exploitation or forced labor, by means of the threat or use of force, of fraud, of using the dependence, of blackmail, of threat of destruction or damage to property, if this was done for mercenary purposes, is punished with a fine in the amount of 300 to 500 minimal salaries, or correctional labor for up to 1 year, or arrest for up to 2 months, or imprisonment for the term of 1 to 4 years.
2. The same act committed:
1) by a group of persons with prior agreement;
2) with violence dangerous for life or health, or threat thereof;
3) against a minor;
4) against 2 or more persons; is punished with correctional labour for up to 2 years, or imprisonment for up to 4 to 7 years.
3.Actions envisaged in parts 1 or 2 of this Article, which:
1) were done by an organized group;
2) caused the death of the aggrieved by negligence or other grave consequences, is punished with imprisonment for 5 to 8 years.
Article 133. Illegal deprivation of freedom.
1.Illegal deprivation of freedom not concerned with kidnapping is punished with correctional labor for up to 2 years, or with arrest for the term of 1 to 3 months, or with imprisonment for up to 2 years.
2. The same act committed:
1) by a group with prior agreement;
2) using dangerous violence or threat of using violence;
3) by using weapons or items used as weapons;
4) against a minor;
5) against a pregnant woman;
6) against two or more persons;
7) with mercenary motives, is punished with imprisonment for 3 to 5 years.
3.Actions envisaged in parts 1 and 2 of this Article, if:
1) done by an organized group;
2) the death of the aggrieved was caused by negligence or other grave consequences,
is punished with imprisonment for 4 to 8 years.
Article 392. Crimes against human security.
Deportation, illegal arrest, enslavement, mass and regular execution without trial, kidnapping followed by disappearance, torture or cruel treatment of civilians, due to racial, national, ethnic identity, political views and religion, is punished with imprisonment for 7-15 years or for life.
Article 3. Principles of Labor Legislation
1. The main principles of the labor legislation are:
1) freedom of employment, including the right to employment, which should be freely selected or agreed upon by each person; the right to administer the labor capacities, choose the profession and type of activity;
2) prohibition of any type of compulsory work and violence with respect to employees;
3) Legal equality of parties of labor relations irrespective of their gender, race, nation, language, origin, citizenship, social status, religion, marital and family status, age, philosophy, political party, trade union or public organization membership, other factors unrelated to the employee’s professional qualities;
4) provision the right to fair working conditions for each employee, including working conditions meeting safety and healthy working conditions;
5) equality of the rights and opportunities of the workers;
6) provision of the timely and complete remuneration of the employees at the rate not lower than the minimal salary stipulated by the law
7) provision of the right to freely make union for the protection of the rights and interests of the employees and employers, including the rights to create trade and employers unions or join them;
8) stability of labor relationships
9) freedom of collective negotiations;
10) responsibility of the parties to the collective contract for their obligations.
2. The State shall ensure the implementation of the labor law rights in accordance with the provisions of this Code and other laws. Labor rights may be restricted only by law, if such restrictions are
necessary for public security, public order, public health and morals, rights and interests of the others, honor and good reputation.
Article 9. International Treaties
Where international treaties of the Republic of Armenia establish norms other than envisaged by this Code rules of treaties are applied.
Article 179. Minimum Wage
1. The law shall determine the minimum monthly wage and minimum hourly pay. The law may establish other rates of the minimum monthly wage (hourly pay) for certain branches of economy, regions or categories of employees.
The additional, supplementary pays, bonuses and other encouraging pays shall not be included in the minimum wage.
2. Collective contracts may establish higher rates of the minimum wage than those specified in section 1 of this Article.
3. The hourly pay or the monthly wage of an employee may not be less than the minimum rates referred to in section 1 and 2 of this Article.
Article 35
The family is the natural and fundamental cell of the society. A woman and a man of marriageable age shall have the right to marry and to create a family in the free expression of their will. They are entitled to equal rights as during the engagement, marriage and divorce. It shall be prohibited to dismiss an employee on grounds related to motherhood. Every female employee, in the case of pregnancy and childbirth, shall be entitled to the right for paid maternity leave and the right of parental leave following the birth or adoption of a child.
Article 131. Kidnapping.
1) by a group of persons with prior agreement;
2) by using violence dangerous for life or health or threat of using violence;
3) by using weapons or items used as weapons;
4) against a minor;
5) against a pregnant woman;
6) against two or more persons;
7) with mercenary motives,
8) by a person previously convicted for kidnapping, is punished with imprisonment for the term of 4 to 8 years.
1) it was done by an organized group;
2) by negligence the death of the aggrieved was caused or other grave consequences, or grave damage was inflicted to his health, is punished with imprisonment for the term of 7 to 10 years.
Article 132. Trafficking
1) by a group of persons with prior agreement;
2) with violence dangerous for life or health, or threat thereof;
3) against a minor;
4) against 2 or more persons;
is punished with correctional labour for up to 2 years, or imprisonment for up to 4 to 7 years.
1) were done by an organized group;
2) caused the death of the aggrieved by negligence or other grave consequences, is punished with imprisonment for 5 to 8 years.
Article 24 The Dispositive Capacity of a Citizen
1.The capacity of a citizen by his actions to acquire and exercise civil law rights, to create for himself civil law duties and to fulfill them (civil law dispositive capacity) arises in full with the attainment of majority, i.e., on the attainment of the age of eighteen.
2.A minor who has attained the age of sixteen may be declared of full dispositive capacity if he works under a labor contract or, with the agreement of his parents, adoptive parents, or curator, conducts entrepreneurial activity.
The declaration of a minor as of full dispositive capacity (emancipation) is made by decision of the agency of guardianship and curatorship – with the consent of both parents, the adoptive parents, or the curator or, in the absence of such consent, by decision of the court.
The parents, adoptive parents, and curator do not bear liability for the obligations of a minor declared of full dispositive capacity, in particular for obligations arising as the result of his causing harm.
3.In the case when a statute allows entry into marriage before attaining the age of eighteen, a citizen, who has not attained the age of eighteen, acquires dispositive capacity in full from the time of entry into marriage.
Dispositive capacity acquired as the result of conclusion of marriage is retained in full also in case of dissolution of the marriage before attaining the age of eighteen.
In case of declaration of a marriage as invalid, the court my adopt a decision on the loss by the minor spouse of full dispositive capacity from a time determined by the court.
Article 42 Termination of Guardianship and Curatorship
1.Guardianship and curatorship over adult citizens shall be terminated in case a court has rendered a decision to recognize the ward as having dispositive capacity or to terminate limitations upon his dispositive capacity upon petition of the guardian, curator, or agency of guardianship and curatorship.
2.Upon attainment by an infant of the age of fourteen years, guardianship over him shall be terminated, and the citizen conducting the duties of guardian becomes curator of the minor without a further decision to this effect.
3.Curatorship over a minor shall be terminated without a special decision upon the minor ward attaining the age of eighteen years, and also upon his entry into marriage and in other cases of his acquiring full dispositive capacity before attaining majority (Paragraph 2 and 3 of Article 24).
Article 201 Common Ownership by Spouses
1.Property gotten by spouses during marriage is in their joint ownership unless a contract between them establishes otherwise.
2.Property that belonged to each of the spouses before entry into marriage and also property acquired by one of the spouses during marriage by gift or by way of inheritance is in this spouse’s ownership.
Property for individual use (clothing, shoes, etc.), with the exception of jewelry and other items of luxury, although acquired during marriage at the expense of the general assets of the spouses, shall be recognized as owned by the spouse that used them.
The property of each of the spouses may be recognized as in their joint ownership if it is established that during marriage, at the expense of the common property of the spouses or the personal property of the other spouse investments were made that significantly increased the value of this property (major repair, reconstruction, reequipment, etc.). The present rule shall not be applied if a contract between the spouses provides otherwise.
3.For obligations of one of the spouses execution may be levied on property that is in his ownership and also on his ownership share in the common property of the spouses.
Article 1194 The Right to a Compulsory Ownership Share in the Inheritance
1.A compulsory ownership share is the right of an heir to inherit, regardless of the content of the will, not less than half of the ownership share which would have been allotted to him in case of inheritance by statute.
2.At the time of opening the inheritance minor children of the testator and also children, the spouse, and the parents of the testator who have been recognized by the procedure established by statute as disabled or lacking dispositive capacity or have attained the age of 60 have the right to a compulsory ownership share.
3.Toward the compulsory ownership share shall be counted all that the heir having the right to such an ownership share receives from the inheritance on any basis, including the value of a testamentary charge established for the benefit of such an heir.
Article 1 Major principles of family legislation
The state guarantees the primary protection of children’s rights. The family legislation proceeds from the requirement of family strengthening, building of family relations on the basis of mutual love and respect, the mutual assistance and responsibility of all the family members, inadmission of self-willed interference into the family’s issues, provision of free realization of family members’ rights, necessity of judicial protection of these rights.
The rights of the citizens during marriage conclusion and in family relations may be restricted only by law and to the extent of necessary protection of persons’ reputation and dignity, as well as health, freedom, rights and lawful interests of family members and other persons.
Article 10 Conditions of marriage conclusion
Article 13 The grounds for marriage cancellation
Article 20 Recognition of the marriage invalid
11 and Provision 3, Article 12 of the given Code is recognized invalid, as well as the marriage in case of which the spouses or one of them registered the marriage without an intention to make a family (false marriage).
Article 21 Persons who have right to present requirements to recognize the marriage invalid
Persons who have the right to submit an application for recognition of the marriage invalid:
Article 22 Circumstances eliminating marriage invalidity
Article 23 Consequences of the recognition of a marriage invalid
The decent spouse can require compensation of the property detriment in accordance with the procedure established by the Civic Code.
Article 24 Equality of spouses’ rights in family
Article 49 Equality of parents’ rights and obligations
Article 54 Realization of parental rights by a parent living separately from a child
The parent, who the child lives with, should not restrict the communication of the child with the other parent, if this communication does not damage the physical and mental health of a child, his/her moral development.
If the parents cannot come to an agreement, upon the requirement of both or one of them the dispute is solved by the court with the obligatory presence of the department of custody and guardianship.
Article 68 Obligation of parents to provide living means of children
The procedure and conditions of providing a child with living means parents decide independently.
Parents can conclude an agreement on keeping their children (an alimony paying agreement) in accordance with Chapter 15 of the given Code.
Article 77
Obligation of spouses to provide each other’s living means spouses are obliged to assist each other materially. In case of rejection of such assistance and the absence of alimony paying agreement the following persons have the right to require alimony from the spouse by judicial procedure:
Article 78 Right to receive alimony from the ex-spouse after divorce