Rights, Freedoms and Duties of Citizens and Residents
Everyone's rights and citizens' rights
Chapter II (§§ 8–55) is the catalogue of fundamental rights. The key exam distinction is between norms beginning “everyone” (igaüks) and norms belonging to “Estonian citizens” (Eesti kodanik). Everyone holds: equality before the law, the right to life, liberty and dignity, a fair trial, inviolability of home and private life, freedom of expression, conscience and religion, assembly and association, property, education, health protection and a clean environment. Citizens alone hold: the right to vote in Riigikogu elections from age 18, the right to stand for public office, the right to reside in Estonia and diplomatic protection abroad.
Restrictions and duties
Rights may be restricted only by law, only where necessary in a democratic society, and proportionately; a restriction may not erode the nature of the right. Duties include obeying the Constitution and the law, paying taxes, defending the state (military or alternative service for male citizens), compulsory schooling, caring for family members and preserving the environment.
Worked example
A permanent resident who is not an Estonian citizen is refused a social benefit by a local government. Reasoning: the benefit decision is an administrative act; the resident may challenge it in an administrative court and may also complain to the Chancellor of Justice about maladministration. Constitutional rights phrased “everyone” protect them. Contrast voting in Riigikogu elections, which is reserved to citizens - while in local elections resident EU citizens and permanent residents may vote, and EU citizens may also stand as candidates.
Traps
Extending citizen-only rights to all residents, or conversely treating “everyone” rights as citizen rights. Assuming any restriction of a right is automatically unconstitutional without checking legal basis, necessity and proportionality. Expecting the Chancellor of Justice to act as a court of appeal. Forgetting that the voting age is 18 at every level and that the franchise differs between national and local elections.