Statement on issues for adequate rituals for the Memorial day and the human rights07.07.2019
WHAT IS THE PROBLEM?
For many years our citizens have been expected to be given the opportunity to visit graves on the days following the Armenian Apostolic Church’s pavilion holidays in order to conduct a proper rituals within the Christian faith of the Armenian Apostolic Church. [Is it a different question whether the method for moving the workday was the best one or not].
Now, the government is depriving the citizens who have such an intention and at the same time a standartized work. At the same time, it is done beyond reasonable expectation, as a couple of weeks ago people still didn’t know if there was going to be a work day shift or not.
We are convinced that some solution must be taken to balance the work responsibilities of citizens on the one hand and their freedom of conscience and religion on the other.
WHAT IS THE SOLUTION?
We think, that a fundamental solution must have legislative significance. The Labor Code needs to be improved by allocating to people some days of leaves (such as a maximum of 3 or 5 days) on religious basis. It is possible to calculate hours of vacation (e.g. 4 hours in each case). At that, this right may only be used in advance, provided the employer is informed within a reasonable time period.
Until there is a legislative solution, we would consider it legitimate, if those who follow the AAC and out of their religious reasons want to go to cemetery write an application to their employer in advance, referring to the RA Constitution, article 41, and asking to be absent for some hours, at the same time ensuring to make-up those hours during non-working days/hours, if the employer says so.
[Special note. this does not refer to the soldiers or special military servants].
If the mentioned conditions are implicated, but the citizens become subject to disciplinary accountability, our organization is ready to consistently raise the issue in the form of strategic litigation before all Judicial institutions.