Fundamental Rights in Bhutan

Fundamental Rights in Bhutan are enshrined in Article 7 of the Constitution of the Kingdom of Bhutan, adopted in 2008. The article comprises 23 sections that guarantee a range of civil, political, and socio-economic rights to Bhutanese citizens. These protections represent Bhutan's first formal constitutional enumeration of individual rights, marking a significant departure from the country's previous legal framework under the Thrimzhung Chenmo of 1959, which did not contain an explicit bill of rights.^[1]

The drafting of Article 7 was influenced by international human rights instruments, particularly the Universal Declaration of Human Rights (UDHR) of 1948, the International Covenant on Civil and Political Rights (ICCPR), and the constitutions of India, South Africa, and other democracies studied by the constitutional drafting committee. However, the rights enumerated are not absolute — many are subject to "reasonable restrictions" that the state may impose by law in the interest of sovereignty, security, public order, or morality.^[2]

The inclusion of fundamental rights in the constitution was a central element of Bhutan's transition from absolute monarchy to constitutional monarchy. The rights framework seeks to balance individual liberties with communal values, Buddhist ethics, and the state's interest in maintaining social harmony — a tension that has drawn both praise for its culturally grounded approach and criticism for its potential to limit political freedoms in practice.^[3]

Enumerated Rights

Article 7 guarantees the following principal rights: the right to life, liberty, and security of person (Section 1); the right to information (Section 2); the right to freedom of thought, conscience, and religion (Section 3); the right to freedom of opinion and expression (Section 4); the right to freedom of the press, radio, and television and other forms of dissemination of information (Section 5); the right to vote (Section 6); the right to freedom of movement and residence within Bhutan (Section 7); the right to equal access to and opportunity in public service (Section 8); the right to own property (Section 9); and the right to practise any lawful trade, profession, or vocation (Section 10).^[4]

Further provisions protect the right to equal protection of the law (Section 15); prohibit discrimination on grounds of race, sex, language, religion, politics, or other status (Section 15); prohibit torture, cruel, inhuman, or degrading treatment or punishment (Section 16); prohibit capital punishment (Section 18); and guarantee the right against arbitrary arrest and detention (Section 17). The right to free elementary education is guaranteed under Section 11, and the right to free access to basic public health services is recognised in Section 14.^[5]

Limitation Clauses

A distinctive feature of Bhutan's rights framework is the breadth of its limitation clauses. Section 22 of Article 7 states that the rights enumerated "shall not be used for the purpose of defeating the objectives" of the constitution, effectively creating a general limitation on all rights. Section 23 further provides that the state may restrict fundamental rights by law "to prevent incitement to an offence on the grounds of race, sex, language, religion or region" and on other specified grounds.^[6]

These limitation clauses have been the subject of concern among international human rights observers. Freedom of expression, for example, is qualified by restrictions that the government may impose "in the interest of the sovereignty, security, unity and integrity of Bhutan, in the interest of peace, stability and well-being of the nation, in the interest of friendly relations with foreign States, [or] on incitement to an offence." Critics argue that such broadly worded exceptions could permit censorship of legitimate political speech and media reporting.^[7]

Comparison with the UDHR

Bhutan's fundamental rights broadly correspond to many of the rights proclaimed in the UDHR. Both instruments recognise rights to life, liberty, equality before the law, freedom from torture, freedom of thought and religion, freedom of expression, and the right to education. However, there are notable differences. The UDHR's Article 14 right to seek asylum is absent from Bhutan's constitution, a politically sensitive omission given the Bhutanese refugee crisis. Similarly, the UDHR's Article 15 right to a nationality has no explicit analogue in Bhutan's fundamental rights chapter, with citizenship governed separately under Article 6 of the constitution and the Citizenship Act of 1985.^[8]

Bhutan has not ratified either the ICCPR or the International Covenant on Economic, Social and Cultural Rights (ICESCR), though it has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC). The absence of ratification of the core covenants limits the international enforceability of the rights guaranteed domestically.^[9]

Enforcement and Judicial Review

The constitution provides that any person whose fundamental rights have been infringed may apply to the Supreme Court or the High Court for enforcement. The judiciary's power of judicial review, established under Articles 1 and 21 of the constitution, allows courts to strike down laws or government actions that violate fundamental rights. However, the Bhutanese judiciary is still developing its constitutional jurisprudence, and the body of case law interpreting Article 7 remains limited.^[10]

Criticism and Concerns

International human rights organisations, including Human Rights Watch and Amnesty International, have raised concerns about the gap between constitutional guarantees and their practical implementation. Issues cited include restrictions on press freedom, the limited independence of media outlets, constraints on political organising, and the unresolved status of the Lhotshampa population. The National Security Act of 1992 has been identified as a law whose broad provisions could override constitutional rights protections.^[11]

Defenders of Bhutan's approach argue that the rights framework must be understood within the country's unique context of a small, predominantly Buddhist society navigating a rapid transition from traditional monarchy to modern democracy. They contend that the limitation clauses are comparable to those found in many democratic constitutions and that Bhutan's track record on rights, particularly the abolition of capital punishment and the provision of free healthcare and education, compares favourably with other South Asian nations.

References

1. Constitution of the Kingdom of Bhutan, 2008. Article 7.
2. "Constitution of Bhutan." Wikipedia.
3. "Bhutan: Constitution-Making from a Historical Perspective." International IDEA.
4. Constitution of Bhutan, 2008. Article 7.
5. Constitution of Bhutan, 2008. Article 7.
6. Constitution of Bhutan, 2008. Article 7, Sections 22-23.
7. "Bhutan: Elections No Remedy for Ethnic Discrimination." Human Rights Watch, 2008.
8. Universal Declaration of Human Rights. United Nations.
9. UN Treaty Body Database: Bhutan.
10. Constitution of Bhutan, 2008. Articles 1 and 21.
11. "Bhutan." World Report 2019, Human Rights Watch.