BHUTAN: National Laws

Summary: General overview of Bhutan's national legal provisions on children's rights, including guidance on how to conduct further research.

National laws on children's rights

Status of the CRC in national law
The Bhutanese Constitution entered into force in 2008, and while affirming that the Convention continues to remain in force, does not make clear what the CRC's status is in national law.

Constitution: The Constitution grants many rights that apply regardless of age, and has a small number of provisions that make specific reference to children:

• Article 2(3): limits who may accede to the throne to children born within wedlock, and excludes those "incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity". The Article also allows for children in utero to be heirs to the throne where no heir has yet been born.
• Article 8(5): states that "a person shall not tolerate or participate in acts of injury, torture or killing of another person, terrorism, abuse of women, children or any other persons and shall take necessary steps to prevent such acts".
• Article 9(16): requires the State to provide free education to all children of school age up to "tenth standard", ensure that technical and professional education is generally available and that higher education is equally accessible to all on the basis of merit.
• Article 9(18): requires the state to take appropriate measure to ensure children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation.
• Article 23(6): requires a candidate for an elective office to declare any dependent children.

Legislation: Bhutanese legislation relating to children is usually contained within broader Acts and Codes. Legislation containing provisions of particular relevance to children includes, but is by no means limited to:

• The Penal Code 2004
• The Civil and Criminal Procedure Code 2001
• The Child Care and Protection Act 2010
• The Labour and Employment Act 2007
• The Marriage Act 1980 (as amended 1996)
• The Citizenship Act 1985
• The Narcotic Drugs and Psychotropic Substance Act 2005

Legal Research:
The National Council of Bhutan (http://www.nationalcouncil.bt/) and the National Assembly (http://www.nab.gov.bt/) both maintain official websites in English. The Constitution of Bhutan is available in English and Dzongkha through national Constitution website (http://www.constitution.bt/html/constitution/constitution.htm), and Legislative Acts are available online through the Government website (http://www.bhutan.gov.bt/government/acts.php?av_id=0) and a database provided by Bhutannica (http://www.bhutannica.org/index.php?title=Laws_of_Bhutan). Rules and regulations are also available through the government website (http://www.bhutan.gov.bt/government/rulesAndRegulations.php?av_id=0).

In addition, the GlobaLex project at New York University has published a guide to legal research in Bhutan (http://www.nyulawglobal.org/Globalex/Bhutan.htm), and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/bhutan.php) and World Legal Information Institute (http://www.worldlii.org/catalog/2119.html) offer a selection of relevant government and legal research links.

Case law
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.

Case Law Research
The Royal Court of Justice publishes national case law online in English on its official website (http://www.judiciary.gov.bt/html/case/case.php).

Compliance with the CRC
The Committee has welcomed the inclusion of children's rights in the 2008 Constitution and the positive reforms brought in through the Penal Code 2004 and the Civil and Criminal Procedure Code of 2001, but has expressed concern that the rights in the Constitution may be lawfully restricted through the adoption of new legislation. With this in mind, the Committee has recommended that the State adopt a comprehensive Children's Code to fully implement the principles and provisions of the Convention.

In depth analysis
As of 2007, perhaps the most basic issue with Bhutanese law from a children's rights perspective was the lack of a clear definition of what constitutes a child. At that time, the Committee on the Rights of the Child recommended that Bhutan adopt clear provisions to define the minimum age requirements in relation to children and a general definition of childhood as part of the Child Care and Protection Act (this Act has subsequently been adopted, but not examined by the Committee).

The Committee has also raised concerns about a number of aspects of Bhutanese law in relation to violence against children. There is no definition of torture in national legislation, nor is there a prohibition against cruel, inhuman or degrading treatment or punishment within the Penal Code. Despite the prevalence of corporal punishment, it remained lawful in the home, in schools and in alternative care. The Committee has recommended that Bhutan address these gaps in the law by implementing clear prohibitions in domestic legislation.

A number of aspects of the juvenile justice system also fall short of the standards set by the Convention. The minimum age for criminal responsibility is low, at 10 years, and the Committee has recommended that Bhutan raise this to an appropriate age, use deprivation of liberty only as a matter of last resort, and ensure that children are detained separately from adults.

Current legal reform projects
In 2008, Bhutan announced its intention to pass a Juvenile Justice Bill; it is not yet clear whether this has taken place.