Public rights and duties in the Kuwaiti constitution
Constitutions are the ones that define the form of life in societies and the way they are organized, and reveal the trend towards adopting democratic methods in terms of the extent of space and space for individuals to exercise or restrict the rights and freedoms guaranteed by the constitution, in relation to the trend that reflects the trend towards adopting non-democratic methods. Constitutions are keen to define or determine the rights and freedoms of citizens. At the same time, they impose burdens and obligations on them in return for that. Although it is evident that the citizen is keen to live free in his homeland, he must at the same time defend the safety of this country until his freedom and rights are achieved for him. And if the state is required to take care of and sponsor the citizen, then the citizen must also bear a lesser or more share of the public burdens for the sake of the homeland, and from here, we must present later the rights and freedoms and then follow them with a presentation of the duties that represent the obligations of the citizen.
Public rights and freedoms
The Kuwaiti constitution was keen and explicit towards affirming the rights and freedoms of citizens, as it dealt with articles 27 to 41 and other articles scattered in the articles of the constitution, which deal with public rights and freedoms.
These rights and freedoms include those associated with traditional rights and freedoms represented by personal, intellectual, political, and economic freedoms, and perhaps the freedoms related to the human person are attached to it and cannot be separated in any way, such as the right to safety, freedom of movement and choice of residence.
The citizen’s right to safety is one of the basic rights that the Kuwaiti constitution was keen to protect because it represents the most important factor in the stability of society. The true religion of Islam had a precedent, in this regard, the Glory be to the Quraysh: “Let them worship the Lord of this house who fed them from hunger and kept them safe from fear.” As the Almighty said in Surat Al-Qasas: “Have we not enabled them to have a sanctuary, to whom we shall have the fruits of everything we have, but most of them do not know”.
And God gave an example of the village that disbelieves with the blessings of God, where He, Glory be to Him, said: “God struck, for example, a village that was safe and reassuring, and whose livelihood would come from everywhere, so it was expiated by God’s blessings, so God tasted it the clothing of hunger and fear of what they were doing.”
And the right to safety falls under it many principles that affirm it and are keen to preserve it and not violate it in any way, and the first of these principles is the principle of the legality of criminalization and punishment, according to which no punishment is imposed on the individual unless there is a text that offends or incriminates the act as it was stipulated. Article 32 of the constitution states, "There is no crime and no punishment except based on the law."
The second principle is the principle of non-retroactivity of criminal laws, as Article 79 of the Constitution stipulates that “the provisions of laws shall not apply except to what occurs from the date of their implementation, and they shall have no effect on what occurred before this date. This is done with the approval of the majority of the members that make up the National Assembly.
1- That he removed criminal laws from reactionary unless they were in the interest of the accused.
2- With regard to the reversion of laws, except for the penal articles, the provision for the retroactivity of laws, provided that B is approved by the majority of the members that make up the National Assembly, and this is a special majority as it is not required for the approval of the majority of attendees, but rather the majority of the members who make up the Assembly.
We also find that Article 32 of the Constitution affirms this principle, as it stipulates that there is no punishment except for acts committed subsequent to the implementation of the law that stipulates them.
The constitution also affirmed the principle of the personality of punishment. Every human being is responsible for his act, and there is no relationship of relatives or family to the actions of the individual, as Article 33 of the constitution established that “punishment is personal” and this principle came echoing what the Almighty said in Surat Al-Israa (and every human being obligated by his plane) On the Day of Resurrection we will bring out a book to him on the Day of Resurrection, read your book.
The constitution also established the principle of not restricting human freedom except by a law. Article 1 3 stipulates that “it is not permissible to arrest, imprison, search, or restrict a person's freedom ... except in accordance with the provisions of the law.” Article 34 stipulates that the accused is innocent until He is proven guilty in a legal trial in which the necessary guarantees are secured for him to exercise the right of defense, and it is prohibited to harm the accused physically or morally, and always, we find here also that Islamic law has preceded and as always preceded all human legislation in this regard, where God Almighty said: .
Next comes the freedom to move and choose the place of residence. This freedom is intended for the individual to have freedom of movement and movement within his homeland as well as to travel outside the home and return at any time without restriction, as well as his right to choose a place of residence, without forcing him to a specific destination except in the cases specified by law This was affirmed by Article 28, which states that (A Kuwaiti may not be deported from Kuwait or prevented from returning to it). And also Article 31 of the constitution which states that (It is not permissible to arrest a person, to limit his residence, or to restrict his freedom of residence or movement except in accordance with the provisions of the law). However, through reflection on the last paragraph of Article 31 above, it is mentioned that it is It stipulated the phrase .... except in accordance with the provisions of the law, because although the general principle is not to restrict freedom of movement and choose the place of residence, but the higher or public interest may sometimes require placing some restrictions on travel abroad for the sake of the safety of the homeland, but not This matter is absolute from every restriction, rather it must be in accordance with the law and not a field for diligence or leaving it to personal whims to control it.
Also, we find in our Islamic religion a good example with regard to movement or residence, so if there is a lesion of pest, disease, or discord, then it is better not to leave these homes so that others will not be infected with any disease that may be widespread in homes from which emigration is prohibited, just as leaving is sometimes It may be a duty if the strife spreads, so leaving home will be safer, and that has emerged in the event of the appearance of the plague. The Holy Prophet said: ((If the plague appears in a country in which you are, do not go out of it, and if you hear about it while you are outside it, do not enter it).
Perhaps one of the most important freedoms guaranteed by the constitution is the freedom and inviolability of the home. There is no doubt that the home is the place in which a person finds his comfort and peace with his family and this freedom extends to include the right to use the home and to change it at any time he wants.
However, even if this is the general principle, this freedom may be met by some restrictions, for example, the wife must live with her husband, as well as minor children and employees with their employers.
Article 38 of the constitution affirmed that freedom, which stipulates that housing has a sanctity, and that it is not permissible to enter it without the permission of its people except in the cases specified by the law and in the manner stipulated therein.
Hence, the Kuwaiti Criminal Procedures and Trials Law has taken into account the sanctity of the home, as it includes every wall or surrounded by any barrier used or prepared for use as a shelter, as indicated in Article 78, and Article 79 of the same law has gone to the impermissibility of inspecting things that are inviolable. Without the consent of the person concerned except in the cases stipulated by the law and under the conditions stipulated therein.
In fact, what is guaranteed by the Kuwaiti constitution and the laws issued to it have found their basis in this in Islamic Sharia, which has always taken the lead in determining freedoms, including the sanctity of the home, where he said in Surat al-Nur: “O you who have believed, do not enter into houses other than yours until you become comfortable with their people That is better for you as you may remember. If you do not find anyone in it, do not enter it until you are given permission, and if you are told to go back, come back, it is smarter for you, and God knows what you know.
Even within the same dwelling, the etiquette of Islam has decided the necessity to adhere to the behaviors of the best and most wonderful of manners and public morals, as the Almighty also said in Surat Al-Nur: {O those who believe, let the permission of you who possessed your faith and those who did not reach the dream of you three times, before the dawn prayer and when you put your clothes From noon and after the evening prayer, three awrahs for you.} ...
This is a restriction for the freedom of others.
In the previous issue we finished dealing with the rights and freedoms related to the personality in the Kuwaiti constitution .. We present here, and through the second part, the intellectual freedoms, which are among the most important freedoms for a person in his life because they represent the intellectual and intangible aspect of him, and it is a fundamental pillar for building an integrated personality. It leads to the provision of the practical atmosphere that produces and develops a gradual liberation from backwardness and ignorance, and it gives thought and mind the ability to start and innovate.
Intellectual freedoms are violated in the following manner:
1- Freedom of belief:
Freedom of belief means that a person is free to embrace the religion or the principle he believes, and this also includes the right of the individual to practice religious rites in accordance with his belief, publicly and openly, and beyond that in his freedom not to worship or practice any religious activity.
Frequently, constitutions are stipulated in the state’s conversion to a certain religion, so that it is the official religion. However, this does not constitute an obstacle or an obstacle to adherents of other religions in practicing their religious rites.
However, this freedom does not prevent or prevent the state's right to regulate this freedom for other beliefs and all within the limits of the public good, order and public morals, so it is not permissible for people to be exposed in the practice of their religious rites to criticism or insult to any other religion, just as it should not cause disturbances at the same time. Or provoking any sectarian strife or sectarian differences.
The Kuwaiti constitution affirms freedom of belief, as Article 35 of it stipulates the following: Freedom of belief is absolute, and the state protects the freedom to perform the rites of religions according to established customs, provided that this does not violate public order or contradict morals. This article establishes that freedom of belief is absolute, as long as it is in Scope of belief As for the sacraments, they are due to God Almighty, and rituals must be in accordance with established customs and not disturb the public order or conflict with morals.
The term religions here means the three monotheistic religions, Islam, Christianity, and Judaism, but this does not mean the absolute prohibition of other religions from practicing their rituals in whole or in part, because the matter in this case is up to the discretion of the state without those religions having to adopt Article 35 of the Constitution Support her to justify it.
Since its beginnings, Islam has been a forerunner in establishing freedom of belief, and no one is forced to embrace Islam, but rather it has left the freedom to embrace a religion or not. The Almighty said: “There is no compulsion in religion. They are inseparable, and God is Hearing, Knowing.
As the Almighty said, "You hate people until they are believers."
And the Holy Prophet said (Whoever harms a dhimmi will harm me).
And God Almighty permitted us to eat the first book of the Book, because Islam has given to the owners of other religions their right to practice their rituals and to worship according to their rituals without coercion and to prevent them from being exposed or harming them, and this is Islam based on justice even with people of other boredom.
2- Freedom of teaching and learning:
Education is a right for Kuwaitis, and the state guarantees it for citizens, within the limits of public order and morals. Article 40 of the constitution stipulates that “Education is a right for Kuwaitis, which is guaranteed by the state in accordance with the law and within the limits of public order and morals. Education is compulsory and free in its early stages according to the law”.
It is clear from this article that education is a citizen's right guaranteed by the state and it is linked to both public order, morals, and state capabilities. It is also noted that free and compulsory education is in the early stages of education and is intended to be the end of the intermediate stage, where the obligation must not be exceeded here to other advanced stages because in that Influencing and compromising parents' freedom to bear burdens for them.
And Islam has always had the lead in urging the search for knowledge and honoring the scholars. God Almighty said: “God raises those who believe in you and those who have knowledge in degrees.” As the Almighty said: Are those who know and those who do not know equal? } The Holy Prophet said the scholars inherited the prophets.
3- Freedom of opinion:
Freedom of opinion is one of the basic freedoms guaranteed by the constitution and laid down its rules and principles in terms of enabling the individual to express his views freely and without restrictions through the available and legitimate means, whether by speech or writing, and in all different media such as radio, press, television and other modern technical means such as means of expression through The net and others.
All of this has been affirmed by Article 36 of the Constitution, in which it says (Freedom of opinion and scientific research is guaranteed, and every human being has the right to express his opinion and publish it verbally, in writing, or otherwise in accordance with the terms and conditions stipulated by the law).
Perhaps we always cite this freedom and other freedoms, according to the teachings of the true Islamic religion, in which we always find an example and an example, God Almighty said: “Do they not see how God initiates creation and then restores it, that this is on God easy.” And he was in many situations for our master Omar Ibn al-Khattab has opinions about some events, and he supported the revelation of the sky in which Umar, including his opinion of the prisoners of Badr, is that freedom of opinion is one of the constants of Islamic law.
And God, may He be glorified, has commanded us in the Holy Qur’an the actions of reason and reflection .. Do you not rationalize .. Do they not understand .. They remember ... They understand .. There are revelations in that to the first door ..
It was in the positions of the Companions, may God be pleased with them, our master Abu Bakr, Omar and Othman, and what achieves respect for the opinion and taking it as long as it is based on the facts of the Sharia.
4- Freedom of the press:
The Kuwaiti constitution approved Article 37, which stipulates that “freedom of the press, printing and publishing is guaranteed according to the terms and conditions stipulated by the law.” The press is an important edifice in society because it is a forum of opinion that expresses the pulse of citizens and represents an element of guidance and quality for building and reviving society, and journalism includes All means of expressing written opinion, including newspapers, magazines, and books, in accordance with the legal controls set by the law.
And the press, which is an indispensable edifice in society and enjoys the protection of the constitution, but this freedom must be a responsible freedom, taking into account the interest of the nation, so it must be a means of building and development and seeking the supreme interest of the country, so in the name of freedom it should not be a tool of demolition by spreading any ideas Or principles that are contrary to the values, customs and traditions of society, or that conflict with public order and morals, or are a tool in the hands of the enemies of the homeland and a source of demolition of its structure, stability and social peace based on harmony, solidarity and justice.
5- Right of assembly and association:
The constitution stipulates the right of individuals to meet, as well as the right to form associations. We find that the right to assemble is intended to exchange ideas and opinions, while the right to form associations is intended to form a specific group that aims to achieve limited purposes and goals that it works to achieve.
Article (44) of the constitution stipulates the following: Individuals have the right to assemble without the need for permission or prior notice, and none of the security forces may attend their private meetings, public meetings and processions. Gatherings are permitted according to the terms and conditions set forth by the law, provided that the meeting’s purposes and means are peaceful and not. Contradictory to manners.
From the previous text, it becomes clear to us that the constitution guarantees the preservation of private meetings and gives them freedom. It is not permissible for any party to require obtaining permission for these meetings or notify them in advance, and that these meetings are not permissible for any party to break into them, including security, except at the request of Individuals in the event of a need to seek the help of security according to the established procedures and system, and that if freedom is here scheduled for private meetings, this does not mean that you engage in what it sees without restriction or condition, but rather it is restricted in that by public order and morals as well as adherence to the law and it is not permissible at all to exploit it in deviating from The law in a way that threatens the safety and security of society and the safety of people, and here and in the event of breaking the law, the provisions of the Penal Law and the Criminal Procedure Law must be applied and the outlaws are pursued for the sake of the safety of the homeland, citizens and people in general.
As for public meetings, whether in the form of gatherings in a specific location or through processions that go in a public procession, in this case, they are subject to the terms and conditions established by law, and in all cases they must be peaceful and maintain public order.
As for the right to form associations, Article (43) of the constitution stipulates that "the freedom to form associations and unions on a national basis and by peaceful means is guaranteed according to the terms and conditions stipulated by the law, and it is not permissible to force anyone to join an association or union."
This article, in its meaning, limits the right to forming associations or unions without including any bodies, including political parties. However, this does not mean that this text prohibits the establishment of parties, but rather that it came merely that it did not approve or prohibit the establishment of parties, and the door came Fifth Chapter One concerning workers' and employers ’organizations and the right of association from Law No. 6 of 2010 in the matter of work in the private sector, in accordance with what was stated in Article (43) of the constitution, as Article (98) stipulates the following:“ The right to form unions for employers and the right to organize Workers' unionism is guaranteed in accordance with the provisions of this law. The provisions of this chapter apply to workers in the private sector, and the application of its provisions to workers in the government and oil sectors, in so far as it does not conflict with the laws that regulate their affairs.
Likewise, Article (99) stipulates the following: “All Kuwaiti workers have the right to form unions among themselves that take care of their interests and work to improve their material and social condition and represent them in all their matters. Business owners have the right to form unions for them with the same goals.”
#lawyer #attorney #worklaw #housemaid #worker #law #court #release #visa #transfervisa #intracompanytransfervisa #lawfirm #release #transfer_visa#passport#indemintry #sallary_issue #run_away_case #abscond_case #marriage #contract_marriage#family_cases #DIVORCE_CASE #divorce_contract #child_custody #custody_issue #alimony_case #child_support #expense_issue #criminal_issues #drugs_case #drug_issue #Drunk_driving #alcohol_abuse_issue #assault_case #homicide_issue #kimbyala_case #remove_ravel_ban #Rental_issues #law_firm_In_kuwait#kuwait #kuwait #kuwaitinstagram #kuwaitcity #kuwaiti #kuwaitwomen #kuwaitfashion #lawyeredup #lawyermom #lawyerinthemaking #lawyerslife #lawyering #lawyerfashion #lawyersoffice #lawyers #lawyerjokes #futurelawyer #lawyerlifestyle #lawyersfashion #lawyerstyle #lawyergirl #lawyerproblems #lawyerup #lawyerstatus #lawyertobe #lawlesslawyer #lawyerlife #lawyer #instalawyer #immigrationlawyer #lawyersofinstagram #lawyerquotes #criminallawyer #kuwaiti #kuwaitgirls #kuwaitpic #kuwaitfashion #kuwaitlove #kuwaitpho #kuwaitinsta #kuwaitvape #kuwait__kuwait #kuwaitart #kuwait_city #kuwaitinstgram #kuwait_photo #prilaga #kuwaitfood #kuwait #kuwaityat #kuwaity #kuwait #kuwaitstyle #kuwaityiat_net #kuwaitcity #kuwaitphoto #kuwaitcars #kuwaitwomen #kuwaitinstagram
