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Soviet Union [USSR] Constitutional Rights
Like democratic constitutions, the Soviet Constitution included
a series of civic and political rights. Among these were the rights
to freedom of speech, press, and 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 regime, the
Constitution also granted certain social and economic rights. Among
these were the rights to work, rest and leisure, health protection,
care in old age and sickness, housing, education, and cultural
benefits.
Unlike democratic constitutions, however, the Soviet
Constitution placed limitations on political rights. Article 6
effectively eliminated organized opposition to the regime 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 regime 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 socialism, and the CPSU
alone had the power and authority to determine policies for the
government and society
(see Soviet Union USSR - Lenin's Conception of the Party
, ch.
7). 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' (see Glossary), freedom of expression did not
entail the right to criticize the regime. The government had the
power to ban meetings by unsanctioned religious groups, and
violations of the laws limiting the right to freedom of religious
expression were severely punished under the republics' criminal
codes.
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,
contained in the first ten amendments to the United States
Constitution. 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. Although the Soviet Union
signed the Final Act of the Conference on Security and Cooperation
in Europe
(
Helsinki Accords--see Glossary), which mandated that
internationally recognized human rights be respected in the
signatory countries, no authority outside the Soviet Union could
ensure citizen rights and freedoms. The government generally has
failed to observe the provisions of this act. In the late 1980s,
however, realigning constitutional and domestic law with
international commitments on human rights was publicly debated.
Data as of May 1989
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