Fundamental Rights and Obligations of Persons
How Chapter VIII works
Chapter VIII (Articles 89–116) is the bill of rights. Article 89 requires the state to recognise and protect fundamental rights under the Constitution, laws and binding international agreements. Article 90 gives everyone the right to know their rights. Article 91 guarantees equality before the law and courts and prohibits discrimination. Article 92 protects fair trial and the presumption of innocence. Article 93 protects life. The chapter uses “everyone” in many places, so ordinary fundamental rights are not limited to citizens.
Limits and remedies
Rights are not absolute. Article 116 allows restrictions only by law and only if necessary in a democratic society for protecting others’ rights, the democratic state order, public safety, welfare or morals. A restriction must have a legal basis, a legitimate aim and proportionality. Courts must interpret rights consistently with international obligations. Some rights, such as voting in Saeima elections, are tied to citizenship by the Constitution; do not generalise that limitation to all rights.
Worked example
A municipality bans a peaceful picket because officials dislike its message. The ban fails the Article 116 test. There must be a legal basis, not an ad hoc official decision; the aim must be legitimate; and the measure must be necessary and proportionate. Dislike of the message is not a legitimate aim. A content-neutral time, place and manner rule might survive if narrowly justified, but a blanket suppression of expression does not.
Traps
Do not say a right can be restricted by Cabinet regulation alone. Do not treat Article 91 as requiring identical treatment in every situation; it requires non-discrimination and equal treatment unless an objective justification exists. Do not claim all Chapter VIII rights belong only to Latvian citizens. Do not ignore that Article 92 protects fair procedure, not a guaranteed favourable outcome.