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Question

Difficulty: EasyRights, Duties, and Obligations of Citizens

Fundamental human rights guaranteed by the constitution are not absolute and may be subject to legal derogation. Which of the following scenarios represents a constitutionally valid limitation on a citizen's right to freedom of movement?

  1. Enforcing a public curfew during a legally declared state of emergency to safeguard public safetyAnswer
  2. B
    Granting procedural protection from prosecution to executive officials while in office under immunity provisions
  3. C
    Disqualifying long-term foreign residents from applying for citizenship by naturalization
  4. D
    Preventing registered electorate members from participating in general elections during peaceful periods

Answer

Enforcing a public curfew during a legally declared state of emergency to safeguard public safety
Freedom of movement is a derogable fundamental right. Under constitutional law, governments are empowered to impose temporary restrictions, such as public curfews, when a state of emergency is declared to protect public order and safety.

Step-by-Step Solution

1
Identify the nature of fundamental human rights under constitutional law.
Rights are classified as either non-derogable (absolute, such as freedom from torture) or derogable (subject to lawful restriction).
Constitutional provisions allow state intervention under specific, legally defined circumstances.
2
Evaluate which conditions permit restriction of freedom of movement.
Freedom of movement is a derogable right that can be restricted during states of emergency, curfews, or epidemics to maintain public health and security.
State security and public welfare outweigh individual movement privileges during emergencies.

Key Concept

Limitation and Derogation of Fundamental Rights
Estimated Time:45s
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Topics

Rights, Duties, and Obligations of Citizens