Human Rights Law at Bhutan
Human rights in Bhutan are framed by its 2008 Constitution, which enshrines fundamental rights such as freedom of expression, equality before the law, and protection from torture. However, the practical application of these rights faces significant challenges, including restrictions on press freedom, limitations on freedom of assembly, and ongoing concerns about political prisoners and gender inequality. (Bhutan: Human rights groups call for release of political prisoners while press freedom rankings show drastic decline - Civicus Monitor)
🇧🇹 Constitutional Protections
Bhutan's Constitution guarantees various fundamental rights, including:
Freedom of expression: Individuals have the right to express their opinions and access information.
Equality before the law: All persons are equal before the law and are entitled to equal and effective protection. (Bhutan 2008 Constitution - Constitute)
Protection from torture and cruel treatment: The Constitution prohibits torture and inhuman or degrading treatment or punishment. (Bhutan 2008 Constitution - Constitute)
Right to privacy and protection from arbitrary arrest: Individuals are protected from arbitrary interference with their privacy, family, home, or correspondence. (Bhutan 2008 Constitution - Constitute)
Right to counsel: Accused persons have the right to consult and be represented by a Bhutanese lawyer of their choice. (Constitution of Bhutan)
However, these rights are subject to reasonable restrictions in the interests of sovereignty, security, unity, and public order . (Constitution of Bhutan)
📰 Freedom of Expression and Press Freedom
While the Constitution guarantees freedom of expression, Bhutan's press freedom has declined significantly. In 2023, Bhutan's press freedom ranking dropped from 33rd to 90th place globally. Journalists face challenges accessing state-held information, and civil servants are barred from sharing information relevant to public interest with the media under the Civil Service Rules and Regulations 2018 and the Civil Service Act of 2010 . (Bhutan: Human rights groups call for release of political prisoners while press freedom rankings show drastic decline - Civicus Monitor, Human rights in Bhutan Amnesty International)
⚖️ Political Prisoners and Civic Space
Bhutan continues to detain individuals convicted in the 1990s for "offences against the Tsa-Wa-Sum" (king, country, and people), often after trials that lacked due process. These prisoners have reportedly been subjected to torture and are held in poor conditions, with inadequate food, heating, and bedding, and limited contact with their families . (Amnesty International (Author): “The State of the World's Human Rights; Bhutan 2023”, Document #2107844 - ecoi.net)
The CIVICUS Monitor rates Bhutan's civic space as "obstructed," citing concerns about media independence, access to information, and the chilling effect of defamation laws on journalists and critics. Public gatherings require government permission, which is sometimes denied, and NGOs that work on issues related to ethnic Nepalis are not allowed to operate . (Bhutan: Concerns about ongoing detention of political prisoners and the lack of a national human rights body - Civicus Monitor, Bhutan: Freedom in the World 2023 Country Report | Freedom House)
👩⚖️ Gender Equality and Women's Rights
Despite constitutional guarantees of equality, women in Bhutan face significant challenges. The Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern over the lack of women's political participation and the persistence of negative gender stereotyping. In the 2023 National Assembly elections, fewer than 10% of registered candidates were women. The CEDAW Committee has recommended measures to eliminate all forms of discrimination against ethnic minority women . (Human rights in Bhutan Amnesty International, Amnesty International (Author): “The State of the World's Human Rights; Bhutan 2023”, Document #2107844 - ecoi.net)
🌈 LGBTQ+ Rights
In a historic move, Bhutan's parliament decriminalized same-sex sexual activity in December 2020, repealing Sections 213 and 214 of the Penal Code that previously labeled same-sex relations as "unnatural sex." The legislation passed with 63 votes in favor and 6 abstentions and took effect in February 2021. The age of consent is set at 18 years, regardless of gender . (Bhutan Just Voted to Legalize Gay Sex in Historic Move, LGBTQ rights in Bhutan)
🏛️ Absence of a National Human Rights Institution
Bhutan lacks an independent national human rights institution. The CEDAW Committee has recommended that Bhutan establish such an institution, equipped with adequate resources and a strong mandate for the promotion and protection of women's rights and gender equality . (Bhutan: Concerns about ongoing detention of political prisoners and the lack of a national human rights body - Civicus Monitor)
While Bhutan's Constitution enshrines various human rights, the practical implementation of these rights faces significant challenges. Ongoing concerns about press freedom, political prisoners, gender inequality, and the absence of an independent human rights institution highlight the need for continued efforts to uphold and protect human rights in the country. (Bhutan: Concerns about ongoing detention of political prisoners and the lack of a national human rights body - Civicus Monitor)
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