The Basic Statute of the State protects both human and citizen rights. Although these two types of rights are connected, they apply to different groups, and this blog post will explain how and list some examples.
Human rights are rights that are available to everyone broadly because they are human. For example, article 18 of the Basic Statute of the State provides that life and dignity are rights of every human, while article 22 provides that every human has a right to security of life. Other human rights include personal freedom in article 23 which is within the provisions of the law. Article 25 also protects individuals from physical or mental torture, or degrading treatment.
On the other hand, citizen rights are rights connected to the Omani citizenship. For example, article 20 protects citizens from being deported, exiled, or prohibited from returning to Oman. Additionally, article 15 further guarantees healthcare for citizens, social security services and aid in emergency, illness, incapacity, and old age in the manner prescribed by the law. Article 16 also guarantees education as a right for every Omani citizen, aiming to develop their knowledge, abilities, and skills.
It is worth noting that non-citizens are not left out of the Basic Statute of the State. Under article 42 every person present in Oman lawfully is granted protection of their person and property under the law, in return for a duty to abide by Omani legislation, values, and respect its traditions.
Moreover, the Sultanate has also ratified the International Covenant on Economic, Social and Cultural Rights in 2020, which extends rights like health and education to everyone, not just citizens, although certain legal exceptions may exist. This causes some tension with articles 15 and 16 of the Basic Statute of the State, which frame healthcare, social security, and education specifically as citizen rights. Furthermore, article 9 of the ICESCR recognises the right of every human to social security. This is significant when considering article 15 of the Basic Statute of the State, which specifically refers to social security for Omani citizens.
Another tension could be seen regarding the right to education. Article 16 of the Basic Statute of the State recognises education as a right limited to citizens. However, Oman is a party to the Convention on the Rights of the Child, which recognises the right of every child to education despite citizenship. This creates an interesting legal question on whether the wording of the Basic Statute of the State truly reflects Oman’s international obligations.
However, article 93 provides an important connection between domestic law and international treaties, as it gives ratified treaties the force of law. This means that Oman’s international obligations can work alongside the rights and protections provided under the Basic Statute of the State.
In conclusion, the distinction between human rights and citizen rights creates an interesting question, and this article demonstrated that the protection of human rights in Oman involves balancing national legislation with international obligations.
It is highly recommended for everyone to make themselves familiar with both categories of rights, and understand how they are protected in the Sultanate of Oman. You can read the Basic Statute of the State in full at the link below:
