Legal duties of the individual

The concept of responsibility is inscribed in human rights. As indicated in sections B.6 and C.2 of the present chapter, freedom does not mean anarchy and has its limits in the duty to respect the rights and freedoms of others. This means the enjoyment of individual rights and freedoms must be undertaken with a minimum degree of responsibility. Moreover, there seems to be little doubt that every individual is not only a rights holder but also a duty bearer, reflecting the imperative of human responsibility vis-à-vis, for example, the family, the society, and the State and its institutions. Many of these duties have an ethical nature, such as the duty to support family Section 25 (“State of exception”) of the 2002 Constitution of Timor-Leste 1. Suspension of the exercise of fundamental rights, freedoms and guarantees shall only take place if a state of siege or a state of emergency has been declared as provided for by the Constitution.

2. A state of siege or a state of emergency shall only be declared in case of effective or impending aggression by a foreign force, of serious disturbance or threat of serious disturbance to the democratic constitutional order, or of public disaster.

3. A declaration of a state of siege or a state of emergency shall be substantiated, specifying rights, freedoms and guarantees the exercise of which is to be suspended.

4. A suspension shall not last for more than thirty days, without prejudice of possible justified renewal, when strictly necessary, for equal periods of time.

5. In no case shall a declaration of a state of siege affect the right to life, physical integrity, citizenship, non-retroactivity of the criminal law, defence in a criminal case and freedom of conscience and religion, the right not to be subjected to torture, slavery or servitude, the right not to be subjected to cruel, inhuman or degrading treatment or punishment, and the guarantee of non-discrimination.

6. Authorities shall restore constitutional normality as soon as possible.

FLASH

A state of emergency, including the derogation of rights and freedoms, may only be imposed as an exceptional and temporary measure. The constitution must be clear that this measure should be lifted as soon as the exigency no longer exists.

It is critical that exceptional legal measures that derogate rights and freedoms be lifted with the termination of the state of emergency, at the latest.

members in certain situations. Some have been recognized to have such a relevance to the society that they have been articulated in the law of some States and have become legal duties. Parents, for example, have a legal duty to provide and care for their children until their majority in the laws of most States, and in some States there may be a legal duty of grown children to take care of their aged parents.

The Universal Declaration of Human Rights recognizes the duties of an individual to the community, as well as the role of the community in the development of the individual.

The 2006 Convention on the Rights of Persons with Disabilities refers to the individual duties in similar terms.

Article 29 of the Universal Declaration of Human Rights

1. Everyone has duties to the community in which alone the free and full development of his personality is possible.

Preamble of the Convention on the Rights of Persons with Disabilities Realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights …

The Convention on the Rights of the Child establishes that the parents or legal guardians are responsible for the upbringing and development of the child, as well as for securing, within their abilities, the conditions of living necessary for the child’s development (article 18, paragraph 1, and article 27, paragraph 2). However, broadly speaking, the international human rights treaties generally abstain from singling out specific individual duties.

Interestingly, both the African and Inter-American human rights instruments refer to the individual’s duties both in general and in specific terms. First, they attempt to reconcile individual rights and duties.

Second, these instruments set forth several specific individual duties.³⁴

34 See also articles 29-38 of the American Declaration of the Rights and Duties of Man.

Preamble of the 1981 African Charter on Human and Peoples’ Rights Considering that the enjoyment of rights and freedoms also implies the performance of duties on the part of everyone …

Preamble of the 1948 American Declaration of the Rights and Duties of Man

The fulfilment of duty by each individual is a prerequisite to the rights of all. Rights and duties are interrelated in every social and political activity of man. While rights exalt individual liberty, duties express the dignity of that liberty.

1981 African Charter on Human and Peoples’ Rights Article 27

1. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community.

Article 28

Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

Article 29

The individual shall have the duty:

1. To preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need;

2. To serve his national community by placing his physical and intellectual abilities at its service;

3. Not to compromise the security of the State whose national or resident he is;

4. To preserve and strengthen social and national solidarity, particularly when the latter is threatened;

5. To preserve and strengthen the national independence and the territorial integrity of his country and to contribute to its defence in accordance with the law;

6. To work to the best of his abilities and competence, and to pay taxes imposed by law in the interest of the society;

7. To preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society;

8. To contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African unity. The fulfilment of duty by each individual is a prerequisite to the rights of all. Rights and duties are interrelated in every social and political activity of man. While rights exalt individual liberty, duties express the dignity of that liberty.

Article 24 of the 1999 Constitution of Nigeria It shall be the duty of every citizen to–

(a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities;

(b) help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such national service as may be required;

(c) respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;

(d) make a positive and useful contribution to the advancement, progress and well-being of the community where he resides;

(e) render assistance to appropriate and lawful agencies in the maintenance of law and order; and

(f) declare his income honestly to appropriate and lawful agencies and pay his tax promptly.

A number of countries have included in their constitutional texts, be it in the bill of rights or elsewhere, some basic duties of individuals to the State or the community. The individual duties that appear most often in constitutional texts are related to respect for the law, the payment of taxes, and the defense of the country. In some cases, however, the constitutional duties go beyond this exemplary list which depends on a given society’s traditions and experiences. Moreover, such texts include catalogues of duties of both a legal and, primarily, an ethical nature. It seems that countries in transition, in a way re-establishing their statehood, quite often attach great importance to the constitutional proclamation of citizens’ responsibilities towards the State.

On the other hand, in a number of States the legal framing of individual duties has been left to ordinary legislation and the constitutional texts remain silent in this respect.

Article 67 (“Responsibilities and duties”) of the 2008 Constitution of Maldives

The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties, and it is the responsibility of every citizen:

(a) to respect and protect the rights and freedoms of others;

(b) to foster tolerance, mutual respect, and friendship among all people and groups;

(c) to contribute to the well-being and advancement of the community;

(d) to promote the sovereignty, unity, security, integrity and dignity of the Maldives;

(e) to respect the Constitution and the rule of law;

(f) to promote democratic values and practices in a manner that is not inconsistent with any tenet of Islam;

(g) to preserve and protect the State religion of Islam, culture, language and heritage of the country;

(h) to preserve and protect the natural environment, biodiversity, resources and beauty of the country and to abstain from all forms of pollution and ecological degradation;

(i) to respect the national flag, state emblem and the national anthem.

Every person in the Maldives must also respect these duties.

Constitutions often make a difference between duties of all people under the jurisdiction of the State and those of its citizens. In case of such a differentiation, a constitution may impose only on its own nationals the duties associated with the particular links between a citizen and the State.