Lessons 10 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
10
Crimes against the rights and freedoms of citizens set out in the Constitution and laws
Textbook: pp. 51–61
GoalDistinguish crimes against personal freedom, honour and dignity and against other constitutional rights (privacy, home, secrecy of correspondence, freedom of conscience, electoral and labour rights, copyright).
New words
human trafficking, recruiting or moving people to exploit them · Odam savdosislander, spreading knowingly false facts that disgrace a person · Tuhmatinsult, deliberate humiliation of a person’s honour and dignity · Haqoratprivacy, protection of personal and family secrets · Shaxsiy hayot daxlsizligi
Explanation
The Constitution guarantees human rights, while the Criminal Code protects them against their gravest violations with criminal-law means. Crimes against personal freedom include human trafficking (recruiting, transporting, handing over or receiving a person to exploit him or her), kidnapping, unlawful deprivation of liberty with violence, and forcing a woman into marriage or preventing her from marrying. Two crimes against honour and dignity are distinguished: slander — spreading knowingly false inventions that disgrace a person — and insult — deliberate humiliation in an indecent way; both may occur orally, in writing or online. In addition, collecting or spreading personal or family secrets without consent, unlawful entry into a home, violating the secrecy of correspondence and phone calls, and violating freedom of conscience, electoral rights, the right to work and copyright can entail criminal liability. Criminal liability for these crimes begins at the age set by law, and most are committed deliberately.
Worked examples
Slander and insult: if a shop worker knowingly spreads in a group chat the lie that a customer is a thief, that is slander (an invented fact). If he humiliates the customer to his face with indecent words, that is insult, because no specific fact is claimed and the person is degraded.
Inviolability: Kamola read her friend’s private messages on the phone without consent and showed them to others. Such conduct may violate the secrecy of correspondence and privacy; only in cases provided by law may a third party access correspondence.
Class activity
“Lie or insult?”: the teacher reads five short statements; students sort them into “slander”, “insult” or “plain opinion” and give reasons.
Practice
1
Write the difference between slander and insult.
In slander knowingly false facts are spread; in insult a person is humiliated in an indecent way.
2
What is human trafficking and which right does it violate?
Recruiting, transporting, handing over or receiving a person for exploitation; it violates the person’s freedom, life and dignity.
3
In what cases can access to correspondence be lawful?
Only in cases provided by law and following the prescribed procedure (for example with court authorisation).
4
Why is forcing a woman into marriage a crime? Justify.
Because marriage must be voluntary; coercion violates personal freedom, dignity and the right to choose.