☰ Contents · Constitutional law

Rights of the person and the citizen: an overview

Lessons 6 · 1 lessons · G. M. Tansikbayeva, V. A. Kostetskiy. Konstitutsiyaviy huquq asoslari (Basics of constitutional law), Grade 9, general editor A. X. Saidov, revised and expanded 8th edition. “Sharq” publishing house, Tashkent, 2019
6

Fundamental rights and freedoms of the person and the citizen

Textbook: pp. 32–38
GoalExplain the link between the person and the state, the kinds of human rights and freedoms and the principles of their inviolability and equality.
New words
right and freedom · huquq va erkinlikinviolability · daxlsizlikdiscrimination · diskriminatsiyastateless person · fuqaroligi bo‘lmagan shaxs (apatrid)
Explanation

The Constitution makes recognising, respecting and protecting human rights and freedoms an obligation of the state: the state serves the person. Rights are usually divided into five groups: personal, political, economic, social and cultural rights; the new edition, for example, also separately recognises the right to a favourable environment. The rights set out in the Constitution are inviolable: nobody may deprive a person of them without a court decision, and they may be restricted only on the basis of law, to protect the rights of others or security. All citizens are equal before the law; granting privileges or imposing limits because of sex, nationality, language, religion, social origin, belief or social position – discrimination – is forbidden. Foreign citizens and stateless persons also enjoy basic rights, but the right to vote and the duty of military service belong to citizens.

Worked examples
Refusing a child admission to school because of nationality or parents’ wealth is discrimination and contradicts the principle of equality.
A foreign visitor has the protection of the court but cannot vote in Uzbekistan’s elections: basic rights are for everyone, political rights mainly for citizens.
Class activity

“Right or freedom?”: the teacher reads phrases (life, freedom of speech, property, voting, education, medical care). The class sorts each into “personal”, “political”, “economic-social” or “cultural”.

Practice
1
Into which groups are human rights divided? Give one example of each.
2
What is discrimination? Give an example.
3
How do the rights of a citizen and a stateless person differ?
4
Why are rights limited where other people’s rights begin?