1977 Soviet Constitution - Constitutional Rights

Constitutional Rights

The Soviet Constitution included a series of civil and political rights. Among these were the rights to freedom of speech, freedom of press, and freedom of assembly and the right to religious belief and worship. In addition, the Constitution provided for freedom of artistic work, protection of the family, inviolability of the person and home, and the right to privacy. In line with the Marxist-Leninist ideology of the government, the Constitution also granted social and economic rights not provided by constitutions in capitalist nations. Among these were the rights to work, rest and leisure, health protection, care in old age and sickness, housing, education, and cultural benefits.

Unlike Western constitutions, the Soviet Constitution outlined limitations on political rights, whereas in democratic countries these limitations are usually left up to the legislative and/or judicial institutions. Article 6 effectively eliminated partisan opposition and division within government by granting to the CPSU the power to lead and guide society. Article 39 enabled the government to prohibit any activities it considered detrimental by stating that "Enjoyment of the rights and freedoms of citizens must not be to the detriment of the interests of society or the state." Article 59 obliged citizens to obey the laws and comply with the standards of socialist society as determined by the party. The government did not treat as inalienable those political and socioeconomic rights the Constitution granted to the people. Citizens enjoyed rights only when the exercise of those rights did not interfere with the interests of the state, and the CPSU alone had the power and authority to determine policies for the government and society. For example, the right to freedom of expression contained in Article 52 could be suspended if the exercise of that freedom failed to be in accord with party policies. Until the era of glasnost, freedom of expression did not entail the right to criticize the government. The constitution did provide a "freedom of conscience, that is, the right to profess or not to profess any religion, and to conduct religious worship or atheistic propaganda." It prohibited incitement of hatred or hostility on religious grounds.

The Constitution also failed to provide political and judicial mechanisms for the protection of rights. Thus, the Constitution lacked explicit guarantees protecting the rights of the people. In fact, the Supreme Soviet has never introduced amendments specifically designed to protect individual rights. Neither did the people have a higher authority within the government to which to appeal when they believed their rights had been violated. The Supreme Court had no power to ensure that constitutional rights were observed by legislation or were respected by the rest of the government. The Soviet Union also signed the Final Act of the Conference on Security and Cooperation in Europe (Helsinki Accords), which mandated that internationally recognized human rights be respected in the signatory countries. In the late 1980s, however, realigning constitutional and domestic law with international commitments on human rights was publicly debated.