Constitution

Bhutan 2008 Constitution

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:
    1. The interests of the sovereignty, security, unity and integrity of Bhutan;
    2. The interests of peace, stability and well-being of the nation;
    3. The interests of friendly relations with foreign States;
    4. Incitement to an offence on the grounds of race, sex, language, religion or region;
    5. The disclosure of information received in regard to the affairs of the State or in discharge of official duties; or
    6. 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.