Bhutan’s Constitution of 2008

Article 7: Fundamental Rights

1. All persons shall have the right to life, liberty and security of person and shall not be deprived of such rights except in accordance with the due process of law.

2. A Bhutanese citizen shall have the right to freedom of speech, opinion and expression.

3. A Bhutanese citizen shall have the right to information.

4. A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement.

5. There shall be freedom of the press, radio and television and other forms of dissemination of information, including electronic.

6. A Bhutanese citizen shall have the right to vote.

7. A Bhutanese citizen shall have the right to freedom of movement and residence within Bhutan.

8. A Bhutanese citizen shall have the right to equal access and opportunity to join the Public Service.

9. A Bhutanese citizen shall have the right to own property, but shall not have the right to sell or transfer land or any immovable property to a person who is not a citizen of Bhutan, except in keeping with laws enacted by Parliament.

10. A Bhutanese citizen shall have the right to practice any lawful trade, profession or vocation.

11. A Bhutanese citizen shall have the right to equal pay for work of equal value.

12. A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association.

13. Every person in Bhutan shall have the right to material interests resulting from any scientific, literary or artistic production of which he or she is the author or creator.

14. A person shall not be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law.

15. All persons are equal before the law and are entitled to equal and effective protection of the law and shall not be discriminated against on the grounds of race, sex, language, religion, politics or other status.

16. A person charged with a penal offence has the right to be presumed innocent until proven guilty in accordance with the law.

17. A person shall not be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

18. A person shall not be subjected to capital punishment.

19. A person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence nor to unlawful attacks on the person’s honour and reputation.

20. A person shall not be subjected to arbitrary arrest or detention.

21. A person shall have the right to consult and be represented by a Bhutanese Jabmi of his or her choice.

22. Notwithstanding the rights conferred by this Constitution, nothing in this Article shall prevent the State from subjecting reasonable restriction by law, when it concerns:

a. The interests of the sovereignty, security, unity and integrity of Bhutan;

b. The interests of peace, stability and well-being of the nation;

c. The interests of friendly relations with foreign States;

d. Incitement to an offence on the grounds of race, sex, language, religion or region;

e. The disclosure of information received in regard to the affairs of the State or in discharge of official duties; or

f. The rights and freedom of others.

23. All persons in Bhutan shall have the right to initiate appropriate proceedings in the Supreme Court or High Court for the enforcement of the rights conferred by this Article, subject to section 22 of this Article and procedures prescribed by law

Article 9: Principles of State Policy

1. The State shall endeavour to apply the Principles of State Policy set out in this Article to ensure a good quality of life for the people of Bhutan in a progressive and prosperous country that is committed to peace and amity in the world.

2. The State shall strive to promote those conditions that will enable the pursuit of Gross National Happiness.

3. The State shall endeavour to create a civil society free of oppression, discrimination and violence, based on the rule of law, protection of human rights and dignity, and to ensure the fundamental rights and freedoms of the people.

4. The State shall endeavour to protect the telephonic, electronic, postal or other communications of all persons in Bhutan from unlawful interception or interruption.

5. The State shall endeavour to provide justice through a fair, transparent and expeditious process.

6. The State shall endeavour to provide legal aid to secure justice, which shall not be denied to any person by reason of economic or other disabilities.

7. The State shall endeavour to develop and execute policies to minimize inequalities of income, concentration of wealth, and promote equitable distribution of public facilities among individuals and people living in different parts of the Kingdom.

8. The State shall endeavour to ensure that all the Dzongkhags are treated with equity on the basis of different needs so that the allocation of national resources results in comparable socioeconomic development.

9. The State shall endeavour to achieve economic self-reliance and promote open and progressive economy.

10. The State shall encourage and foster private sector development through fair market competition and prevent commercial monopolies.

11. The State shall endeavour to promote those circumstances that would enable the citizens to secure an adequate livelihood

12. The State shall endeavour to ensure the right to work, vocational guidance and training and just and favourable conditions of work.

13. The State shall endeavour to ensure the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

14. The State shall endeavour to ensure the right to fair and reasonable remuneration for one’s work.

15. The State shall endeavour to provide education for the purpose of improving and increasing knowledge, values and skills of the entire population with education being directed towards the full development of the human personality.

16. The State shall provide free education to all children of school going age up to tenth standard and ensure that technical and professional education is made generally available and that higher education is equally accessible to all on the basis of merit.

17. The State shall endeavour to take appropriate measures to eliminate all forms of discrimination and exploitation against women including trafficking, prostitution, abuse, violence, harassment and intimidation at work in both public and private spheres.

18. The State shall endeavour to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation.

19. The State shall endeavour to promote those conditions that are conducive to co-operation in community life and the integrity of the extended family structure.

20. The State shall strive to create conditions that will enable the true and sustainable development of a good and compassionate society rooted in Buddhist ethos and universal human values.

21. The State shall provide free access to basic public health services in both modern and traditional medicines.

22. The State shall endeavour to provide security in the event of sickness and disability or lack of adequate means of livelihood for reasons beyond one’s control.

23. The State shall encourage free participation in the cultural life of the community, promote arts and sciences and foster technological innovation.

24. The State shall endeavour to promote goodwill and co-operation with nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by peaceful means in order to promote international peace and security.

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