RA CC accepts for consideration Human Rights Defender`s appeal  regarding unpaid pensions

ArmInfo.The Constitutional Court of Armenia has accepted the Human Rights Defender's appeal for review, the Ombudsman's Office reported.

Specifically, as emphasized in the report, the Human Rights Defender  is challenging in court a legal provision regarding pension payments.  Specifically, according to the law, if pension payments have been  suspended and the applicant requests reinstatement of their pension  rights, the entire unpaid pension amount is payable only for the  period of one year preceding the month in which the notice was  received. 

The Human Rights Defender considers it problematic that, even if an  individual is entitled to a pension, payment of the unpaid pension  amount is limited to a period of only one year, which, according to  the Ombudsman, contradicts the rights guaranteed by the Constitution.  "Any state interference with property rights, including restrictions  on the right to receive a pension, must be lawful, foreseeable,  proportionate, and aimed at protecting the public interest.  Deprivation of property, as a more serious interference, can only be  applied in exceptional cases and under conditions clearly defined by  law," emphasizes Ombudsman Anahit Manasyan.

The established legal positions of the European Court of Human Rights  also confirm that property rights are a fundamental constitutional  right, the restriction of which, like deprivation of property, is  possible only in accordance with the procedure and conditions  established by law.

Therefore, the Ombudsman concluded that, although an individual  legally acquires and receives a pension, the provisions of current  legislation contradict the Constitution of the Republic of Armenia,  creating situations where an individual is entitled to a pension but  is deprived of the pension due to them for a certain period of time.  Many citizens face this problem, and many of them turn to the  Ombudsman's Office seeking a solution.