Human rights in the United Kingdom
Encyclopedia
Human rights in the United Kingdom are set out in common law, with its strongest roots being in the English Bill of Rights 1689
, as well as the European
legislation. At the same time, the UK
has also had a history of both de jure
and de facto discrimination, and, in recent history, occasional violations of basic human rights, particularly in times of national security
crises. In recent years, however, British human rights legislation has been criticised by conservatives for excessive attention to the human rights of offenders at the expense of those of victims; many high-profile cases, such as those of Learco Chindamo and the 2006 Afghan hijackers case
, have attracted controversy, sparking rightwing calls for the review of the Human Rights Act 1998
and other legislation.
) recognises that a State owes to its people certain inalienable rights which are characterised as "fundamental" in the sense that they enjoy a specially protected status in domestic law. In return, it is accepted that the citizen is expected to meet certain standards and comply with certain requirements vis-à-vis the State.
This concept of citizenship is unknown to English constitutional law which, under the influence of Burke
, Bentham
, Austin, Dicey and Jennings, has treated British citizens as "subjects of the Crown without the benefit of positive and fundamental constitutional rights giving protection against the state and its agents." The rights that are recognised - "the liberties of the subject
" - are "residual and negative" in nature, i.e. the individual is free to do what he or she likes save insofar as the activity is restricted by the law.
or the Declaration of the Rights of Man and Citizen, would define the relationship between the citizen and the State, including the rights owed by the State to the citizen and vice versa.
The basis of the relationship between State and citizen is instead constructed on a variety of statutory provisions and common law
rules which, taken en masse, seek to confer on the citizen certain rights and liberties normally associated with citizenship, whilst also imposing certain duties. For example, the case of Entick v. Carrington in 1765 established the limits within which officers of the State could act, the Reform Act
of 1867 accorded a wider right to vote, and the National Insurance Act 1911
instituted a basic welfare system. These rights apply regardless of the nationality of the individual in question.
and manslaughter
). Some protection is also offered by the civil law where, for example, the Fatal Accidents Act 1976
allows relatives of people killed by the wrongdoing of others to recover damages.
Capital punishment
had by 1998 been abolished in respect of all offences.
The law also attaches importance to the preservation of life: aiding and abetting a suicide is a criminal offence (see the Suicide Act 1961
) and euthanasia
is unlawful (see the Bland case). Furthermore, there is a duty upon medical professionals to keep patients alive unless to do so would be contrary to the patient's best interests based on professional medical opinion (the Bolam Test
), taking into account his or her quality of life in the event that treatment is continued.
Where an asylum-seeker claims the existence of a threat to his or her life in the event of deportation
, this threat must be balanced against evidence of the risk the person poses to national security were he or she to remain in the UK. Such persons may also be able to rely on the principle of the "common law of humanity" which obliges the state "to afford them relief and to save them from starving" (see R v Inhabitants of Eastbourne (1803) 4 East 103).
. The freedom of expression of Members of Parliament is encouraged and guaranteed by parliamentary privilege
.
The right can be restricted where it is justified in the public interest
, for example where national security concerns prevail (see the case of Ponting
) or where countervailing interests of privacy, public order or religious tolerance must take priority. In addition, the law may also require that in certain situations information is kept confidential or may place a restriction on its dissemination. This is the case of the confidentiality
and defamation
laws, as well as the offence of contempt of court. Television, radio and other broadcast media are also subject to legal regulation (see for example the Press Complaints Commission
and Ofcom
).
Freedom of conscience is related to the freedom of expression and allows an individual to hold certain views without fear of persecution, it also includes the freedom of religion
.
The exercise of the right to free assembly has been restricted by the common law as well as legislation. Thus, the criminal offence of breach of the peace
is committed when harm is done to a person or his property, or there is a threat of harm, and that harm is caused by an "assault
, affray
, riot
, unlawful assembly
or other disturbance." Furthermore, the Public Order Act 1986
allows the police to place restrictions on public assemblies and the Public Order Act 1936
outlaws the wearing of political uniform
s at a public meeting when they suggest an association with a political object. More recently, the Serious Organised Crime and Police Act 2005
introduced measures limiting the right to demonstrate in Parliament Square
, and the Criminal Justice and Public Order Act 1994
gives the police powers to break-up certain public gatherings. It is, however, recognised that there is a right to picket (under the Trade Union and Labour Relations (Consolidation) Act 1992
).
, harassment
, defamation
, nuisance
and malicious falsehood
.
The criminal law also provides a certain level of protection. It is an offence to use violence to obtain unauthorised access to a property (under the Criminal Law Act 1977
and the Protection from Eviction Act 1977). There is an offence of intentional harassment, alarm or distress
under section 4A of the Public Order Act 1986
. A person's right to communicate privately is also protected to a certain degree (by the Regulation of Investigatory Powers Act 2000
), as is his or her right of access to personal information (by the Data Protection Act 1998). The right to a private life, mentioned below, also links in with this right.
In recent cases involving celebrities the House of Lords have sought to remedy the absence of a right to privacy by extending the protection offered by the law of confidence
. Therefore, the model Naomi Campbell
was able to obtain damages from a newspaper which had published photographs of her leaving a Narcotics Anonymous
meeting, and Michael Douglas
and Catherine Zeta-Jones
successfully sued Hello!
for publishing unauthorised photographs of their wedding; OK!
which had purchased the exclusive rights to the photographs was also able to obtain redress on the basis that it had paid a large sum of money for the images, giving them therefore commercial value worthy of protection by the law. Giving this innovative judgment, Lord Hoffmann emphasised that the ruling did not amount to the recognition of image rights in English law.
, a constable's right to stop and search persons and vehicles is limited by section 2, as are the powers of a Justice of the Peace
to authorise the entry and search of premises. In addition, section 60 of the Criminal Justice and Public Order Act 1994
allows a senior police officer to authorise all police officers in a locality to stop and search any pedestrian or vehicle where the officer has grounds for believing that the individual is carrying an 'offensive weapon' or a 'dangerous instrument'. In 1998 this legislation was extended to allow the officer to require the person to remove clothing worn for the purpose of concealing his identity, and to confiscate that article of clothing. Special extended powers also apply in the case of terrorist suspects.
In civil cases, a judge may grant an Anton Piller order
authorising the search of premises and seizure of evidence without prior warning. The order's purpose is to prevent the destruction of incriminating evidence, particularly in cases of alleged intellectual property
infringement.
.
Similarly, an individual is free to make choices as to his private life, for example in pursuing homosexual relationships, but the law may not in certain circumstances intervene to ensure that his status and rights are not affected as a result of these choices. In R v. Ministry of Defence, ex p. Smith the Court of Appeal upheld the Ministry of Defence's policy not to admit homosexuals to the armed forces; the claimants later brought a case before the European Court of Human Rights
which found violations of Articles 8 and 13. The Court of Appeal held in another case that it was reasonable for the parents of a child up for adoption to refuse consent to adoption on the ground that the proposed adopter is a lesbian
.
The right to respect for family life is qualified by the broad principle that the welfare of the child is paramount and parental rights must take second place. As expressed by Lord Scarman, "parental rights are derived from parental duty and
exist only so long as they are needed for the protection of the person and property of the child", and by Lord Fraser
, "parental rights to control a child do not exist for the benefit of the parent". The effect of this is to allow state intervention in family life where justified in the interests of the child in question, and the Children Act 1989
gives effect to this by providing a basis on which decisions relating to a child's welfare are made. Section 1 of the Act provides that a court must, when taking a decision with regard to a child, take into account the child's wishes and feelings.
There is no general right to marry.
) and, in some circumstances, the civil law (see the tort of battery
).
of false imprisonment
and the crime of kidnapping
guarantee some protection against the deprivation of liberty, as does the right of habeas corpus
. Where an individual is lawfully arrested on the basis of an arrest warrant
, the length of his detention is prescribed by statute; the detainee's rights and the powers of the police during the period of detention are also regulated (see the Police and Criminal Evidence Act 1984
).
and trusts can be set up. The right is also expressed by the doctrine of freedom of contract
whereby one individual has a full and free right to enter into a contract with another individual, and also by the lack of regulation of political parties
.
In employment law
, an individual has the right in certain circumstances to affiliate with a trade union
, an employee can claim unfair dismissal
if he is dismissed for trade union activities and is protected from discrimination
on the basis of his trade union activities. However, there is no obligation on employers to recognise collective bargaining agreements
except in certain very limited circumstances and their role has declined significantly.
The right of freedom of association can be restricted on grounds of public order and national security
. See for example the Public Order Act 1936
and the Prevention of Terrorism (Temporary Provisions) Act 1989.
confers the right to vote
on British subjects and citizens of the Commonwealth
and Ireland
who are resident in the UK. In addition, citizens of Member States of the European Union have the right to vote in local elections and elections to the European Parliament. The right to vote also includes the right to a secret ballot
and the right to stand as a candidate in elections.
). Secondly, according to the principle of nullum crimen et nulla poene sine lege
, an individual cannot be convicted of an offence which was not provided for by law at the time of his conduct. Thirdly, an individual is entitled to confidential and free legal advice (see legal aid). Finally, every person is entitled to a fair and speedy trial and free and unimpeded access to the courts.
offence of theft, by intellectual property laws and by the principle that there can be no taxation except that which is authorised by Parliament. In addition, the principle of natural justice
affords protection of property in that a court with powers to affect an individual's property rights is obliged to allow that individual the right to be heard before it proceeds (see Cooper v Wandsworth Board of Works (1863)). The right to property is qualified by compulsory purchase laws.
, and the right to housing is enshrined in the Housing Act 1985. The enactment of the National Minimum Wage Act 1998
installed a minimum wage
and the Social Security Contributions and Benefits Act 1992 provides access to social security
benefits.
The right not to be unjustly excluded from the exercise of a trade or profession has been recognised by the courts (see Nagle v Feilden [1966] 2 QB 633).
There is no positive right to healthcare. The National Health Service Act 1977 imposes a duty on the Secretary of State to provide "adequate" healthcare, but the courts have not thus far been willing to enforce this duty.
There is no unqualified right to strike in English law and participation in strike action will generally constitute a breach of the employment contract of the workers concerned, even a criminal offence in certain cases. However, dismissal of an employee for taking strike action will constitute unfair dismissal
.
allows transsexual people to change their legal gender
.
" enabling citizens of the Member States of the European Union to (a) move freely between Member States, (b) provide services in another Member State, (c) to move capital between States and (d) to move goods between States without restriction. The rights to equal pay and to equal treatment in the workplace and with regard to social security
are also recognised.
In addition, Articles 8 - 8E of the Treaty on European Union introduce the notion of 'Citizenship of the European Union' which confers five rights on citizens of the Member States: (a) the right to move and reside freely within the Member States, (b) the right to vote and stand for election in the Member State in which the EU citizen resides, (c) the right to protection by the diplomatic or consular authorities of any Member State in a country where his or her own State is not represented, (d) the right to petition the European Parliament
, and (e) the right to apply to the European Ombudsman
.
and the UK-based Hersch Lauterpacht
providing the impetus for the creation of the Council of Europe
in 1949 as a means of guarding against the rise of new dictatorships and to provide the citizens of Soviet-occupied countries with a beacon of hope.
The initiative in producing a legally-binding human rights agreement had already been taken by the International Council of the European Movement
, an organisation whose cause had been championed by Winston Churchill
and Harold Macmillan
, and whose international juridical section (counting Lauterpacht and Maxwell Fyfe
amongst its members) had produced a draft convention.
Chaired by Maxwell Fyfe and the former French resistance
leader Teitgen
, the Legal Committee of the Council of Europe's Consultative Assembly proposed that the Council's Committee of Ministers draw up a convention which would take in and ensure the effective enjoyment of the rights proclaimed in the United Nations
' Universal Declaration of Human Rights
of 10 December 1948, as well as establishing a European Court and Commission of Human Rights
. The Committee agreed and the text of what was to become the European Convention of Human Rights was in the main drafted by Sir Oscar Dowson, a retired senior legal adviser to the Home Office
.
's Labour
government were in power. The Lord Chancellor
Jowitt
, the Colonial Secretary
Griffiths
and the Chancellor
Sir Stafford Cripps wanted to protect the British Empire against what they perceived as subversive European influences. They were also keen to protect their own ministerial powers against review by foreign judges whose values were unknown. This, combined with fears that some British practices such as emergency detention without trial, led to the government denying British citizens a right of petition to the European Court of Human Rights or the Court's jurisdiction to try cases involving British matters.
Nevertheless, the UK became the first state to deposit its instrument of ratification of the Convention on 8 March 1951, although this did not take effect until the tenth ratifaction was deposited on 3 September 1953. No domestic legislation was introduced and no attempt was made to implement the rights into UK law until the passing of the Human Rights Act 1998
. The right to petition the European Court was eventually allowed in 1966.
To date 47 countries have ratified the Convention. Over the years, protocols have been added through agreement between participating nations - not all protocols must be agreed to by all nations, though it is encouraged.
government in power from 1951 resisted the right of petition on the grounds that the common law would come under scrutiny by an international court. In December 1964 Terence Higgins MP
tried to persuade Harold Wilson
's new Labour administration to alter the UK's position, as did the British judge at the European Court of Human Rights, Lord McNair
.
In 1965 Wilson informed the House of Commons
that the right of petition would be recognised for an initial period of three years with effect from 14 January 1966. At the time the government were concerned that the Burmah Oil Company would take advantage of the new right to contest the legality of the War Damage Act 1965 (which deprived the company of its right to compensation to damage caused during the Second World War as had been recognised by a decision of the House of Lords
), and so the date chosen fell outside the six month limitation period
for challenges to the 1965 Act.
in 1976. In 1978 a House of Lords
Select Committee published a report recommending incorporation which was debated in the Lords leading to an amendment being moved requesting that the government introduce legislation on the matter. Lord Wade succeeded in securing the Lords' approval for a draft bill
but it did not make any progress in the Commons where Alan Beith
's unsuccessful attempt to secure a second reading of the bill was poorly attended. In 1986 Lord Broxbourne
secured the Lords' approval for his incorporation bill, but was unsuccessful in the Commons, even though a second reading had been obtained.
By 1991 the momentum for incorporation had grown, garnering support from organisations such as Charter88
, Liberty
and the Institute for Public Policy Research
- the latter two having published proposals for a British Bill of Rights incorporating the rights. Incorporation was also advocated by senior members of the judiciary
, both past and present, including Lord Gardiner, Lord Hailsham, Lord Taylor
and Lord Bingham, by the Law Society
and the Bar Council
, also by two former Home Secretaries
, Roy Jenkins and Leon Brittan.
leader John Smith QC
made a speech on 1 March 1993 entitled "A Citizen's Democracy" in which he called for a 'new constitutional settlement, a new deal between the people and the state that puts the citizen centre stage'. This objective found its way into the Labour Party's proposals for constitutional reform published in 1993, and reiterated at their Conference
in that year where a two-stage process was outlined: the incorporation of the Convention, followed by the setting-up of a Commission to prepare a British Bill of Rights.
In 1994 Lord Lester introduced a bill in the Lords which was based on the New Zealand Bill of Rights which would give the ECHR a similar status in UK law as that accorded to European Community law, i.e. allowing courts to disapply future and existing Acts of Parliament which were incompatible with the ECHR, imposing a duty on public authorities to comply with the ECHR and making provision for effective remedies (including damages) for breaches of the ECHR. Introduced during a period of concern over the impact of European Community law on the sovereignty
of Parliament, the bill had a rough ride through the Lords and was subject to wrecking amendments by Conservative
ministers.
Upon the advice of senior members of the judiciary, a second bill was introduced in February 1997 which, unlike the first bill, did not confer the power on the courts to strike down Acts of Parliament. The effectiveness of the new bill would depend on the courts' willingness to attribute to it a special constitutional status in UK law and to interpret it widely. The bill had been introduced shortly after the publication on 18 December 1996 by the shadow Labour Home Secretary Jack Straw
of a consultation paper headed "Bringing Rights Home" which put forward the case for incorporation of the ECHR into domestic law. On 5 March 1997 a Labour and Liberal Democrat
Consultative Committee on Constitutional Reform chaired by Robin Cook
and Robert Maclennan published a report calling for the creation of a "Human Rights Commissioner" to oversee the operation of the bill and to bring cases on behalf of those seeking protection of their rights.
The election of Tony Blair
's Labour Party in May 1997 led to the publication of a white paper
on the bill - "Rights Brought Home: The Human Rights Bill" - which received its second reading on 3 November 1997. The Liberal Democrats supported the bill, as did numerous eminent crossbenchers - Lord Bingham, Lord Scarman, Lord Wilberforce, Lord Ackner, Lord Cooke of Thorndon
and Lord Donaldson. The bill was opposed by the Conservative Party, although several eminent backbencher
s rebelled against the party line, most notably Lord Renton
and Lord Windlesham
.
The bill successfully negotiated the Commons and the Lords as the "Human Rights Act 1998
" and entered into force on 2 October 2000.
in domestic law, thereby enabling claimants to bring an action directly before UK courts instead of having to take their case to the European Court of Human Rights
, as had previously been the case. The Act makes it unlawful for a public body to act contrary to certain rights prescribed by the Convention, and allows a UK court to award a remedy in the event of a breach. The Act only has vertical effect, i.e. it cannot be invoked in disputes between private parties.
Should an Act of Parliament
be passed which conflicts with the Convention, the courts cannot, however, overrule or disregard it. The later Act must be interpreted, insofar as is possible, consistently with the Human Rights Act, but must be implemented, regardless of whether it is lawful according to the convention or not. The court can make a "declaration of incompatibility", but even this cannot force a change, merely strongly encourage reconsideration by Parliament, which remains sovereign.
The Human Rights Act 1998
has been severely criticised by UK political figures and the media for putting the rights of offenders over those of victims, leading to short prison sentences and lenient treatment of criminals. After a tribunal ruled that Learco Chindamo, the Italian
national who murdered headteacher Philip Lawrence
in 1996, could not be deported to Italy after his release from prison, opposition leader David Cameron
called for the abolition of the Act and its replacement with a "British Bill of Rights". Although the Labour government, under former prime minister Tony Blair
, was responsible for introducing the Act, the perceived leniency of sentencing has been criticised by Blair and other senior Labour figures. The 2006 Afghan hijackers case
, where a group of Afghan
men who hijacked an aircraft
in order to enter the UK were granted leave to remain in the UK, was severely criticised in the British media and by both opposition and government politicians.
and Sara Cox
have both won high-profile cases, the law has not had quite the impact that had been anticipated. Indeed, the House of Lords in the case Wainwright v. Home Office
(2003) involving the routine strip-searching of visitors to a prison, recognised that only Parliament itself could create a specific right to privacy. The claimant later applied to the European Court of Human Rights which found that there had been a violation of Article 8 of the Convention (right to privacy).
(PIRA) in Northern Ireland
and Great Britain
. In Northern Ireland, the government curtailed the civil liberties
of all those, mainly from the Catholic nationalist minority, who were interned
without trial, and violated the human rights of some. The Ministry of Defence
stated "moderate physical pressure" was applied to the men. The European Court of Human Rights
ruled that the techniques used, including sleep deprivation, hooding, stress postures, subjection to "white noise" and deprivation of food and drink, constituted "cruel and inhuman treatment", but fell short of torture
in a landmark 1978 case.
" has led to new human rights concerns.
The most recent criticism has concerned the Prevention of Terrorism Act 2005
, a response to a perceived increased threat of terrorism. This act allows the house arrest
of terrorist
suspects where there is insufficient evidence to bring them to trial
, involving the derogation (opting-out) of human rights laws, through the imposition of control orders. This aspect of the Prevention of Terrorism Act was introduced because the detention without trial of nine foreigners at HM Prison
Belmarsh
under Part IV of the Anti-terrorism, Crime and Security Act 2001
was held to be unlawful under human rights legislation, by the House of Lords, in A and Others v. Secretary of State for the Home Department (2004)
.
Both the above Acts have been criticised for the lack of parliamentary discussion; the Anti-terrorism, Crime and Security Act 2001 went from introduction to Royal Assent
in 32 days, the Prevention of Terrorism Act 2005 in 17.
The Civil Contingencies Act 2004
has also been criticised as giving the government very wide-ranging power in an emergency.
On February 2, 2005, Parliament's Joint Committee on Human Rights
also suggested that the Identity Cards Act 2006 might contravene Article 8 of the European Convention (the right to respect for private life) and Article 14 (the right to non-discrimination).
was passed.
Part 4 of the Act provided for the indefinite detention without charge of foreign nationals certified by the Home Secretary as "suspected international terrorists" where such persons could not be deported on the grounds that they faced a real risk of torture, inhuman or degrading treatment if removed to their home country.
Part 4 did not create new detention powers - under the 1971 Immigration Act
, the Home Secretary has the power to detain a foreign national pending deportation. Instead, Part 4 removed a limitation on detention powers imposed by the requirements of Article 5(1)(f) of the European Convention on Human Rights
(which provided, among other things, that someone could only be detained for a short period prior to deportation). This was achieved by the British government derogating from the ECHR on the basis that the threat to the UK amounted to a 'public emergency threatening the life of the nation' within the meaning of Article 15.
However, the use of immigration detention powers meant that, although the British government could not force them, the detainees were technically free to return (albeit facing a real risk of torture). However, 2 detainees did leave - one to France and one to Morocco.
In 2002, the Special Immigration Appeals Commission
held that indefinite detention under Part 4 was incompatible with the right to non-discrimination under Article 14 ECHR, on the basis that only suspected terrorists who were foreign nationals were subjected to detention, while suspects who were British nationals remained free. However, SIAC's declaration of Part 4's incompatibility with Article 14 was quashed by the Court of Appeal.
In December 2004, the House of Lords held 8-1 that Part 4 was incompatible with both Article 5 and Article 14 ECHR on the basis that indefinite detention was both a disproportionate measure notwithstanding the seriousness of the terrorist threat, as well as discriminatory.
Following the judgment, the government moved to introduce control orders as an (highly controversial) alternative measure. The use of control orders and the repeal of Part 4 of the 2001 was secured by the passing of the Prevention of Terrorism Act 2005
.
Notable cases involving violations of the Convention include:
as a human rights issue in the UK, in particular the trafficking of women and under-age girls in to the UK for forced prostitution. A particular high profile case resulted in the conviction of five Albania
ns who ‘trafficked’ a 16 year old Lithuania
n girl and forced her into prostitution. According to Home Office
figures, there are over 1,000 cases of trafficking each year. Under pressure from organisations such as Amnesty International, the UK government has recently signed the Council of Europe Convention on Action against Trafficking in Human Beings.
, and all participate in the European Group of NHRIs
, in both cases sharing one (United Kingdom) vote.
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
, as well as the European
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
legislation. At the same time, the UK
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
has also had a history of both de jure
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and de facto discrimination, and, in recent history, occasional violations of basic human rights, particularly in times of national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
crises. In recent years, however, British human rights legislation has been criticised by conservatives for excessive attention to the human rights of offenders at the expense of those of victims; many high-profile cases, such as those of Learco Chindamo and the 2006 Afghan hijackers case
2006 Afghan hijackers case
The Afghan hijackers case refers to a series of United Kingdom judicial rulings in 2006 in which it was ruled a group of nine Afghan men, who had hijacked an aircraft to escape the Taliban, had the right to remain in the UK...
, have attracted controversy, sparking rightwing calls for the review of the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
and other legislation.
The notion of citizenship
In most democratic countries, the notion of citizenship (as opposed to that of nationalityNationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
) recognises that a State owes to its people certain inalienable rights which are characterised as "fundamental" in the sense that they enjoy a specially protected status in domestic law. In return, it is accepted that the citizen is expected to meet certain standards and comply with certain requirements vis-à-vis the State.
This concept of citizenship is unknown to English constitutional law which, under the influence of Burke
Edmund Burke
Edmund Burke PC was an Irish statesman, author, orator, political theorist and philosopher who, after moving to England, served for many years in the House of Commons of Great Britain as a member of the Whig party....
, Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
, Austin, Dicey and Jennings, has treated British citizens as "subjects of the Crown without the benefit of positive and fundamental constitutional rights giving protection against the state and its agents." The rights that are recognised - "the liberties of the subject
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
" - are "residual and negative" in nature, i.e. the individual is free to do what he or she likes save insofar as the activity is restricted by the law.
Relationship between citizen and state
There is no constitutionally protected Bill of Rights or a written constitution, which, along similar lines to the United States Bill of RightsUnited States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
or the Declaration of the Rights of Man and Citizen, would define the relationship between the citizen and the State, including the rights owed by the State to the citizen and vice versa.
The basis of the relationship between State and citizen is instead constructed on a variety of statutory provisions and common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
rules which, taken en masse, seek to confer on the citizen certain rights and liberties normally associated with citizenship, whilst also imposing certain duties. For example, the case of Entick v. Carrington in 1765 established the limits within which officers of the State could act, the Reform Act
Reform Act 1867
The Representation of the People Act 1867, 30 & 31 Vict. c. 102 was a piece of British legislation that enfranchised the urban male working class in England and Wales....
of 1867 accorded a wider right to vote, and the National Insurance Act 1911
National Insurance Act 1911
The National Insurance Act 1911 is an Act of Parliament of the United Kingdom. The Act is often regarded as one of the foundations of modern social welfare in the United Kingdom and forms part of the wider social welfare reforms of the Liberal Government of 1906-1914...
instituted a basic welfare system. These rights apply regardless of the nationality of the individual in question.
Right to life
Protection of the right to life is primarily ensured by the criminal law (the crimes of murderMurder in English law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another either intending to cause death or intending to cause serious injury .-Actus reus:The definition of the actus reus Murder is an offence under the...
and manslaughter
Manslaughter in English law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea . In England and Wales, the usual practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option...
). Some protection is also offered by the civil law where, for example, the Fatal Accidents Act 1976
Fatal Accidents Act 1976
The Fatal Accidents Act 1976 is an Act of Parliament of the Parliament of the United Kingdom, that allows relatives of people killed by the wrongdoing of others to recover damages....
allows relatives of people killed by the wrongdoing of others to recover damages.
Capital punishment
Capital punishment in the United Kingdom
Capital punishment in the United Kingdom was used from the creation of the state in 1707 until the practice was abolished in the 20th century. The last executions in the United Kingdom, by hanging, took place in 1964, prior to capital punishment being abolished for murder...
had by 1998 been abolished in respect of all offences.
The law also attaches importance to the preservation of life: aiding and abetting a suicide is a criminal offence (see the Suicide Act 1961
Suicide Act 1961
The Suicide Act 1961 is an Act of the Parliament of the United Kingdom. It decriminalised the act of suicide so that those who failed in the attempt would no longer be prosecuted....
) and euthanasia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
is unlawful (see the Bland case). Furthermore, there is a duty upon medical professionals to keep patients alive unless to do so would be contrary to the patient's best interests based on professional medical opinion (the Bolam Test
Bolam Test
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals : the Bolam test...
), taking into account his or her quality of life in the event that treatment is continued.
Where an asylum-seeker claims the existence of a threat to his or her life in the event of deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
, this threat must be balanced against evidence of the risk the person poses to national security were he or she to remain in the UK. Such persons may also be able to rely on the principle of the "common law of humanity" which obliges the state "to afford them relief and to save them from starving" (see R v Inhabitants of Eastbourne (1803) 4 East 103).
Freedom of expression and conscience
Regarded as one of the most important human rights, the courts have stated that there is no difference between the protection offered by the common law, and that guaranteed by the European Convention on Human RightsEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. The freedom of expression of Members of Parliament is encouraged and guaranteed by parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
.
The right can be restricted where it is justified in the public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
, for example where national security concerns prevail (see the case of Ponting
Clive Ponting
Clive Ponting is a British writer, former academic and former senior civil servant. He is the author of a number of revisionist books on British and world history...
) or where countervailing interests of privacy, public order or religious tolerance must take priority. In addition, the law may also require that in certain situations information is kept confidential or may place a restriction on its dissemination. This is the case of the confidentiality
Confidentiality
Confidentiality is an ethical principle associated with several professions . In ethics, and in law and alternative forms of legal resolution such as mediation, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to...
and defamation
English defamation law
Modern libel and slander laws, as implemented in many Commonwealth nations as well as in the United States and in the Republic of Ireland, are originally descended from English defamation law...
laws, as well as the offence of contempt of court. Television, radio and other broadcast media are also subject to legal regulation (see for example the Press Complaints Commission
Press Complaints Commission
The Press Complaints Commission is a voluntary regulatory body for British printed newspapers and magazines, consisting of representatives of the major publishers. The PCC is funded by the annual levy it charges newspapers and magazines...
and Ofcom
Ofcom
Ofcom is the government-approved regulatory authority for the broadcasting and telecommunications industries in the United Kingdom. Ofcom was initially established by the Office of Communications Act 2002. It received its full authority from the Communications Act 2003...
).
Freedom of conscience is related to the freedom of expression and allows an individual to hold certain views without fear of persecution, it also includes the freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
.
Right to free assembly
The right to free assembly is considered an aspect of the right to freedom of expression. Simply put by Lord Denning, "it is the right for everyone to meet and assemble with his fellows to discuss their affairs and to promote their views". However, as noted by Lord Bingham, the approach adopted by English law to this right has been "hesitant and negative, permitting that which was not prohibited". This can be seen in Dicey's "An Introduction to the Study of the Law of the Constitution" (1959) where he writes that "at no time has there in England been any proclamation of the right to liberty of thought or to freedom of speech", and that "it can hardly be said that our constitution knows of such a thing as any specific right of public meeting". Viewed in this light, the development of a right to free assembly can be seen as a relatively recent constitutional development largely brought on by the gradual growing influence of the European Convention on Human Rights on English law.The exercise of the right to free assembly has been restricted by the common law as well as legislation. Thus, the criminal offence of breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
is committed when harm is done to a person or his property, or there is a threat of harm, and that harm is caused by an "assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, affray
Affray
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror of ordinary people...
, riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
, unlawful assembly
Unlawful assembly
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
or other disturbance." Furthermore, the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
allows the police to place restrictions on public assemblies and the Public Order Act 1936
Public Order Act 1936
The Public Order Act 1936 is an Act of the Parliament of the United Kingdom passed to control extremist political movements in the 1930s such as the British Union of Fascists ....
outlaws the wearing of political uniform
Political uniform
A number of political movements have involved their members wearing uniforms, typically as a way of showing their identity in marches and demonstrations...
s at a public meeting when they suggest an association with a political object. More recently, the Serious Organised Crime and Police Act 2005
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
introduced measures limiting the right to demonstrate in Parliament Square
Parliament Square
Parliament Square is a square outside the northwest end of the Palace of Westminster in London. It features a large open green area in the middle, with a group of trees to its west. It contains statues of famous statesmen and is the scene of rallies and protests, as well as being a tourist...
, and the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
gives the police powers to break-up certain public gatherings. It is, however, recognised that there is a right to picket (under the Trade Union and Labour Relations (Consolidation) Act 1992
Trade Union and Labour Relations (Consolidation) Act 1992
The Trade Union and Labour Relations Act 1992 is a UK Act of Parliament which regulates British labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland....
).
Right to personal privacy
The right to personal privacy is not precisely defined and can be more properly described as the cumulative effect of a collection of different rights. There is no general right to privacy in English law and the courts, when faced with cases alleging an invasion of privacy, have made it clear that the creation of such a right can only be done by Parliament. A patchwork of different torts combine to protect an individual from harassment, including the dissemination of information about him or her, see the torts of trespassTrespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
, harassment
Harassment (UK)
Harassment in the United Kingdom is a topic which in the past couple of decades has been taken increasingly seriously and has been the subject of a number of pieces of major legislation...
, defamation
English defamation law
Modern libel and slander laws, as implemented in many Commonwealth nations as well as in the United States and in the Republic of Ireland, are originally descended from English defamation law...
, nuisance
Nuisance in English law
Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a [claimant]'s land or his use or enjoyment of that land", and public nuisance, where the defendant's...
and malicious falsehood
Malicious falsehood
Malicious falsehood or injurious falsehood is a tort. It is a lie that was uttered with malice, that is, the utterer knew it was false or would cause damage or harm....
.
The criminal law also provides a certain level of protection. It is an offence to use violence to obtain unauthorised access to a property (under the Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
and the Protection from Eviction Act 1977). There is an offence of intentional harassment, alarm or distress
Intentional Harassment, Alarm or Distress
Intentional harassment, alarm or distress is a statutory offence in England and Wales. It is an aggravated form of the offence of harassment, alarm or distress under section 5 of the Public Order Act 1986.-The offence:...
under section 4A of the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
. A person's right to communicate privately is also protected to a certain degree (by the Regulation of Investigatory Powers Act 2000
Regulation of Investigatory Powers Act 2000
The Regulation of Investigatory Powers Act 2000 is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications...
), as is his or her right of access to personal information (by the Data Protection Act 1998). The right to a private life, mentioned below, also links in with this right.
In recent cases involving celebrities the House of Lords have sought to remedy the absence of a right to privacy by extending the protection offered by the law of confidence
Breach of confidence
The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence, and was disclosed to the detriment of...
. Therefore, the model Naomi Campbell
Naomi Campbell
Naomi Campbell is a British model. Scouted at the age of 15, she established herself among the top three most recognisable and in-demand models of the late 1980s and early 1990s, and she was one of six models of her generation declared "supermodels" by the fashion world...
was able to obtain damages from a newspaper which had published photographs of her leaving a Narcotics Anonymous
Narcotics Anonymous
Narcotics Anonymous is a twelve-step program modeled after Alcoholics Anonymous describing itself as a "fellowship or society of men and women for whom drugs had become a major problem," and it is the second-largest 12-step organization...
meeting, and Michael Douglas
Michael Douglas
Michael Kirk Douglas is an American actor and producer, primarily in movies and television. He has won three Golden Globes and two Academy Awards; first as producer of 1975's Best Picture, One Flew Over the Cuckoo's Nest, and as Best Actor in 1987 for his role in Wall Street. Douglas received the...
and Catherine Zeta-Jones
Catherine Zeta-Jones
Catherine Zeta-Jones, CBE, is a British actress. She began her career on stage at an early age. After starring in a number of United Kingdom and United States television films and small roles in films, she came to prominence with roles in Hollywood movies such as the 1998 action film The Mask of...
successfully sued Hello!
Hello!
Hello is a weekly magazine specializing in celebrity news and human-interest stories, published in the United Kingdom since 1988. Hello is sister magazine to ¡Hola!, the Spanish weekly magazine launched in Spain in 1944...
for publishing unauthorised photographs of their wedding; OK!
OK!
OK! is a British weekly magazine specializing in celebrity news. Originally launched as a monthly, its first issue was published in April 1993. In September 2004, OK! publishers Northern and Shell launched in Australia as a monthly title – the magazine went weekly in October 2006...
which had purchased the exclusive rights to the photographs was also able to obtain redress on the basis that it had paid a large sum of money for the images, giving them therefore commercial value worthy of protection by the law. Giving this innovative judgment, Lord Hoffmann emphasised that the ruling did not amount to the recognition of image rights in English law.
No arbitrary searches or seizures
Protection against arbitrary searches and seizures overlaps with the rights to liberty, privacy and natural justice. In English law, the right to be free of arbitrary searches and seizures is found mainly in the legislation regulating the powers of the police to conduct searches and take evidence. Therefore, under the Police and Criminal Evidence Act 1984Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
, a constable's right to stop and search persons and vehicles is limited by section 2, as are the powers of a Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
to authorise the entry and search of premises. In addition, section 60 of the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
allows a senior police officer to authorise all police officers in a locality to stop and search any pedestrian or vehicle where the officer has grounds for believing that the individual is carrying an 'offensive weapon' or a 'dangerous instrument'. In 1998 this legislation was extended to allow the officer to require the person to remove clothing worn for the purpose of concealing his identity, and to confiscate that article of clothing. Special extended powers also apply in the case of terrorist suspects.
In civil cases, a judge may grant an Anton Piller order
Anton Piller order
In English and English-derived legal systems, an Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning...
authorising the search of premises and seizure of evidence without prior warning. The order's purpose is to prevent the destruction of incriminating evidence, particularly in cases of alleged intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
infringement.
Right to respect for private and family life
An individual's right to respect for his or her private or family life is protected insofar as the activity being pursued has not been outlawed or restricted by the state. In that respect, the fact that an individual has consented to the performance of an act which would otherwise be unlawful does not change the status of the act; thus, in a case involving acts of sado-masochism committed in private between two consenting adults, the House of Lords held that the victim's consent to the acts did not afford their author a defence to charges under the Offences against the Person Act 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
.
Similarly, an individual is free to make choices as to his private life, for example in pursuing homosexual relationships, but the law may not in certain circumstances intervene to ensure that his status and rights are not affected as a result of these choices. In R v. Ministry of Defence, ex p. Smith the Court of Appeal upheld the Ministry of Defence's policy not to admit homosexuals to the armed forces; the claimants later brought a case before the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
which found violations of Articles 8 and 13. The Court of Appeal held in another case that it was reasonable for the parents of a child up for adoption to refuse consent to adoption on the ground that the proposed adopter is a lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
.
The right to respect for family life is qualified by the broad principle that the welfare of the child is paramount and parental rights must take second place. As expressed by Lord Scarman, "parental rights are derived from parental duty and
exist only so long as they are needed for the protection of the person and property of the child", and by Lord Fraser
Ian Fraser, Baron Fraser of Tullybelton
Walter Ian Reid Fraser, Baron Fraser of Tullybelton was a British judge.Fraser was made a Privy Counsellor in 1974. One year later he was appointed as a Lord of Appeal in Ordinary, and as a Law lord he was subsequently created a life peer. He took the title Baron Fraser of Tullybelton, of Bankfoot...
, "parental rights to control a child do not exist for the benefit of the parent". The effect of this is to allow state intervention in family life where justified in the interests of the child in question, and the Children Act 1989
Children Act 1989
The Children Act 1989 is a British Act of Parliament that altered the law in regard to children. In particular, it introduced the notion of parental responsibility. Later laws amended certain parts of the Children Act...
gives effect to this by providing a basis on which decisions relating to a child's welfare are made. Section 1 of the Act provides that a court must, when taking a decision with regard to a child, take into account the child's wishes and feelings.
There is no general right to marry.
Right to bodily integrity
The bodily integrity of an individual is protected by the criminal law (see the Offences against the Person Act 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
) and, in some circumstances, the civil law (see the tort of battery
Battery (tort)
At common law, battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them . Unlike assault, battery involves an actual contact...
).
Right to personal liberty
An individual's right to liberty is protected against interference by the state by two principles. Firstly, an individual is free to do anything which is not prohibited by law. Secondly, the state can only interfere with a person's liberty where permitted by law. In addition, the tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
of false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
and the crime of kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
guarantee some protection against the deprivation of liberty, as does the right of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Where an individual is lawfully arrested on the basis of an arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
, the length of his detention is prescribed by statute; the detainee's rights and the powers of the police during the period of detention are also regulated (see the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
).
Freedom of association
The right of freedom of association implies the right to join, form, and withdraw membership from groups, associations and partnerships of different kinds. Respect of this principle can be found in the relative ease by which companiesCompanies Act 2006
The Companies Act 2006 is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law. It had the distinction of being the longest in British Parliamentary history: with 1,300 sections and covering nearly 700 pages, and containing 16 schedules but it has since...
and trusts can be set up. The right is also expressed by the doctrine of freedom of contract
Freedom of contract
Freedom of contract is the freedom of individuals and corporations to form contracts without government restrictions. This is opposed to government restrictions such as minimum wage, competition law, or price fixing...
whereby one individual has a full and free right to enter into a contract with another individual, and also by the lack of regulation of political parties
Political Parties
Political Parties: A Sociological Study of the Oligarchical Tendencies of Modern Democracy is a book by sociologist Robert Michels, published in 1911 , and first introducing the concept of iron law of oligarchy...
.
In employment law
British labour law
United Kingdom labour law involves the legal relationship between workers, employers and trade unions. People at work in the UK benefit from a minimum charter of employment rights...
, an individual has the right in certain circumstances to affiliate with a trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
, an employee can claim unfair dismissal
Unfair dismissal
Unfair dismissal is the term used in UK labour law to describe an employer's action when terminating an employee's employment contrary to the requirements of the Employment Rights Act 1996...
if he is dismissed for trade union activities and is protected from discrimination
Employment discrimination
Employment discrimination is discrimination in hiring, promotion, job assignment, termination, and compensation. It includes various types of harassment....
on the basis of his trade union activities. However, there is no obligation on employers to recognise collective bargaining agreements
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
except in certain very limited circumstances and their role has declined significantly.
The right of freedom of association can be restricted on grounds of public order and national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
. See for example the Public Order Act 1936
Public Order Act 1936
The Public Order Act 1936 is an Act of the Parliament of the United Kingdom passed to control extremist political movements in the 1930s such as the British Union of Fascists ....
and the Prevention of Terrorism (Temporary Provisions) Act 1989.
Right to participate in government
The Representation of the People Act 1983Representation of the People Act 1983
The Representation of the People Act 1983 is an Act of the Parliament of the United Kingdom. It changed the British electoral process in the following ways:* Amended the Representation of the People Act 1969....
confers the right to vote
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
on British subjects and citizens of the Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
and Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
who are resident in the UK. In addition, citizens of Member States of the European Union have the right to vote in local elections and elections to the European Parliament. The right to vote also includes the right to a secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
and the right to stand as a candidate in elections.
Right to protection of the law
A number of principles combine to guarantee an individual a certain level of protection by law. Firstly, the presumption that a person is innocent of a crime of which he is accused until it is proved otherwise. In discharging the burden of proof, the onus is on the prosecution (see Woolmington v. DPPWoolmington v. DPP
Woolmington v DPP [1935] AC 462 is a famous House of Lords case in English law, where the presumption of innocence was first articulated in the Commonwealth.- History :Reginald Woolmington was a 21-year-old farm labourer from Castleton, Dorset...
). Secondly, according to the principle of nullum crimen et nulla poene sine lege
Nullum crimen, nulla poena sine praevia lege poenali
Nullum crimen, nulla poena sine praevia lege poenali is a basic maxim in continental European legal thinking...
, an individual cannot be convicted of an offence which was not provided for by law at the time of his conduct. Thirdly, an individual is entitled to confidential and free legal advice (see legal aid). Finally, every person is entitled to a fair and speedy trial and free and unimpeded access to the courts.
Right to property
Protection of the right to own and enjoy property is found in the criminalEnglish criminal law
English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences. Criminal acts are considered offences against the whole of a community...
offence of theft, by intellectual property laws and by the principle that there can be no taxation except that which is authorised by Parliament. In addition, the principle of natural justice
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...
affords protection of property in that a court with powers to affect an individual's property rights is obliged to allow that individual the right to be heard before it proceeds (see Cooper v Wandsworth Board of Works (1863)). The right to property is qualified by compulsory purchase laws.
Economic and social rights
The right to education is guaranteed by the Education Act 1944Education Act 1944
The Education Act 1944 changed the education system for secondary schools in England and Wales. This Act, commonly named after the Conservative politician R.A...
, and the right to housing is enshrined in the Housing Act 1985. The enactment of the National Minimum Wage Act 1998
National Minimum Wage Act 1998
The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom, currently £6.08 per hour for workers aged 21 years and older, £4.98 per hour for workers aged 18–20...
installed a minimum wage
Minimum wage
A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labour. Although minimum wage laws are in effect in a great many jurisdictions, there are differences of opinion about...
and the Social Security Contributions and Benefits Act 1992 provides access to social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
benefits.
The right not to be unjustly excluded from the exercise of a trade or profession has been recognised by the courts (see Nagle v Feilden [1966] 2 QB 633).
There is no positive right to healthcare. The National Health Service Act 1977 imposes a duty on the Secretary of State to provide "adequate" healthcare, but the courts have not thus far been willing to enforce this duty.
There is no unqualified right to strike in English law and participation in strike action will generally constitute a breach of the employment contract of the workers concerned, even a criminal offence in certain cases. However, dismissal of an employee for taking strike action will constitute unfair dismissal
Unfair dismissal
Unfair dismissal is the term used in UK labour law to describe an employer's action when terminating an employee's employment contrary to the requirements of the Employment Rights Act 1996...
.
Gender recognition
The Gender Recognition Act 2004Gender Recognition Act 2004
The Gender Recognition Act 2004 is an Act of the Parliament of the United Kingdom that allows transsexual people to change their legal gender. It came into effect on 4 April 2005.-Operation of the law:...
allows transsexual people to change their legal gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
.
Rights conferred by European Union law
To these rights can be added other rights and 'freedoms' as recognised by European Community law. These include the so-called "Four Freedoms of MovementFour Freedoms (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
" enabling citizens of the Member States of the European Union to (a) move freely between Member States, (b) provide services in another Member State, (c) to move capital between States and (d) to move goods between States without restriction. The rights to equal pay and to equal treatment in the workplace and with regard to social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
are also recognised.
In addition, Articles 8 - 8E of the Treaty on European Union introduce the notion of 'Citizenship of the European Union' which confers five rights on citizens of the Member States: (a) the right to move and reside freely within the Member States, (b) the right to vote and stand for election in the Member State in which the EU citizen resides, (c) the right to protection by the diplomatic or consular authorities of any Member State in a country where his or her own State is not represented, (d) the right to petition the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, and (e) the right to apply to the European Ombudsman
European Ombudsman
The European Ombudsman is an ombudsman for the European Union, based in the Salvador de Madariaga Building in Strasbourg.-History:...
.
Rights conferred by international law
The United Kingdom is party to a number of international treaties and agreements which guarantee fundamental human rights and freedoms. Although such agreements have no direct legal effect in the UK until they have been given formal effect by a domestic law, their provisions have a bearing in the drafting of domestic legislation and by the interpretation of domestic law by the courts. Ministers are recognised to have a duty to comply with international law and citizens may reasonably expect them to do so.Participation in basic human rights treaties
| UN core treaties | Participation of the UK | CoE core treaties | Participation of the UK |
| Convention on the Elimination of All Forms of Racial Discrimination Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races... |
Ratified in 1966 | European Convention on Human Rights European Convention on Human Rights The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953... |
Ratified in 1951 |
| International Covenant on Civil and Political Rights International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976... |
Ratified in 1968 | Protocol 1 (ECHR) | Ratified in 1952 |
| First Optional Protocol First Optional Protocol to the International Covenant on Civil and Political Rights The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered... (ICCPR) |
Not signed | Protocol 2 (ECHR) | Ratified in 1963 |
| Second Optional Protocol Second Optional Protocol to the International Covenant on Civil and Political Rights The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty is a side agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989, and entered into force on 11 July 1991. As of... (ICCPR) |
Ratified in 1999 | Protocol 6 (ECHR) | Ratified in 1999 |
| International Covenant on Economic, Social and Cultural Rights International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976... |
Ratified in 1968 | Protocol 8 (ECHR) | Ratified in 1985 |
| Convention on the Elimination of All Forms of Discrimination Against Women Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly.... |
Ratified in 1981 | Protocol 10 (ECHR) | Ratified in 1993 |
| Optional Protocol Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women... (CEDAW) |
Accession in 2004 | Protocol 11 (ECHR) | Ratified in 1994 |
| United Nations Convention Against Torture United Nations Convention Against Torture The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world.... |
Ratified in 1985 | Protocol 13 (ECHR) | Ratified in 2003 |
| Optional Protocol (CAT) | Ratified in 2003 | Protocol 14 (ECHR) | Ratified in 2005 |
| Convention on the Rights of the Child Convention on the Rights of the Child The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children... |
Ratified in 1990 | European Social Charter European Social Charter The European Social Charter is a Council of Europe treaty which was adopted in 1961 and revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty... |
Ratified in 1962 |
| Optional Protocol on the Involvement of Children in Armed Conflict Optional protocol on the involvement of children in armed conflict The United Nations General Assembly adopted the Optional protocol on the involvement of children in armed conflict to the Convention on the Rights of the Child in Annex I of a resolution on 25 May 2000.The protocol came into force on 12 February 2002.... (CRC) |
Ratified in 2000 | Revised European Social Charter | Not signed |
| Optional Protocol on the sale of children, child prostitution and child pornography (CRC-OP-SC) | Ratified in 2000 | European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the member states of the Council of Europe, meeting at Strasbourg on 26 November 1987. It was subsequently amended by two Protocols that entered into force on 1 March 2002... |
Ratified in 1988 |
| Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families | Not signed | European Charter for Regional or Minority Languages European Charter for Regional or Minority Languages The European Charter for Regional or Minority Languages is a European treaty adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe... |
Ratified in 2001 |
| Convention on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities... |
Ratified in 2007 | Framework Convention for the Protection of National Minorities Framework Convention for the Protection of National Minorities The Framework Convention for the Protection of National Minorities was signed on February 1995 by 22 member States of the Council of Europe .... |
Ratified in 1998 |
| Optional Protocol Optional Protocol to the Convention on the Rights of Persons with Disabilities The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008... (CRPD) |
Ratified in 2009 | Convention on Action against Trafficking in Human Beings Convention on Action against Trafficking in Human Beings The Convention on Action against Trafficking in Human Beings is a regional human rights treaty of the international human rights law by the Council of Europe... |
Ratified in 2008 |
UK role
The UK played an important role in the drafting of the Convention, with figures such as Arthur Goodhart, John Foster QCJohn Foster (UK politician)
Brigadier Sir John Galway Foster was a British Conservative Party politician. He served as Member of Parliament for the Northwich constituency in Cheshire from 1945 to February 1974....
and the UK-based Hersch Lauterpacht
Hersch Lauterpacht
Sir Hersch Lauterpacht was a member of the United Nations' International Law Commission from 1952 to 1954 and a Judge of the International Court of Justice from 1955 to 1960. In the words of former ICJ President Stephen M...
providing the impetus for the creation of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
in 1949 as a means of guarding against the rise of new dictatorships and to provide the citizens of Soviet-occupied countries with a beacon of hope.
The initiative in producing a legally-binding human rights agreement had already been taken by the International Council of the European Movement
European Movement
The European Movement International is a lobbying association that coordinates the efforts of associations and national councils with the goal of promoting European integration, and disseminating information about it.-History:...
, an organisation whose cause had been championed by Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
and Harold Macmillan
Harold Macmillan
Maurice Harold Macmillan, 1st Earl of Stockton, OM, PC was Conservative Prime Minister of the United Kingdom from 10 January 1957 to 18 October 1963....
, and whose international juridical section (counting Lauterpacht and Maxwell Fyfe
David Maxwell Fyfe, 1st Earl of Kilmuir
David Patrick Maxwell Fyfe, 1st Earl of Kilmuir GCVO, PC, KC, , known as Sir David Maxwell Fyfe from 1942 to 1954 and as The Viscount Kilmuir from 1954 to 1962, was a British Conservative politician, lawyer and judge who combined an industrious and precocious legal career with political ambitions...
amongst its members) had produced a draft convention.
Chaired by Maxwell Fyfe and the former French resistance
French Resistance
The French Resistance is the name used to denote the collection of French resistance movements that fought against the Nazi German occupation of France and against the collaborationist Vichy régime during World War II...
leader Teitgen
Pierre-Henri Teitgen
Pierre-Henri Teitgen was a French lawyer, professor and politician.Teitgen was born in Rennes, Brittany. Made prisoner of war in 1940, he played a major role in the French Resistance....
, the Legal Committee of the Council of Europe's Consultative Assembly proposed that the Council's Committee of Ministers draw up a convention which would take in and ensure the effective enjoyment of the rights proclaimed in the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
' Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
of 10 December 1948, as well as establishing a European Court and Commission of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. The Committee agreed and the text of what was to become the European Convention of Human Rights was in the main drafted by Sir Oscar Dowson, a retired senior legal adviser to the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
.
Ratification
There was grudging support for the Convention back in the UK where AttleeClement Attlee
Clement Richard Attlee, 1st Earl Attlee, KG, OM, CH, PC, FRS was a British Labour politician who served as the Prime Minister of the United Kingdom from 1945 to 1951, and as the Leader of the Labour Party from 1935 to 1955...
's Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
government were in power. The Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
Jowitt
William Jowitt, 1st Earl Jowitt
William Allen Jowitt, 1st Earl Jowitt PC, KC , was a British Labour politician and lawyer, who served as Lord High Chancellor of Great Britain under Clement Attlee from 1945 to 1951.-Background and education:...
, the Colonial Secretary
Secretary of State for the Colonies
The Secretary of State for the Colonies or Colonial Secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies....
Griffiths
Jim Griffiths
James "Jim" Griffiths CH , was a Welsh Labour politician, trade union leader and the first ever Secretary of State for Wales.-Background and education:...
and the Chancellor
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
Sir Stafford Cripps wanted to protect the British Empire against what they perceived as subversive European influences. They were also keen to protect their own ministerial powers against review by foreign judges whose values were unknown. This, combined with fears that some British practices such as emergency detention without trial, led to the government denying British citizens a right of petition to the European Court of Human Rights or the Court's jurisdiction to try cases involving British matters.
Nevertheless, the UK became the first state to deposit its instrument of ratification of the Convention on 8 March 1951, although this did not take effect until the tenth ratifaction was deposited on 3 September 1953. No domestic legislation was introduced and no attempt was made to implement the rights into UK law until the passing of the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
. The right to petition the European Court was eventually allowed in 1966.
To date 47 countries have ratified the Convention. Over the years, protocols have been added through agreement between participating nations - not all protocols must be agreed to by all nations, though it is encouraged.
Right of petition
Following ratification of the ECHR, the campaign began for the recognition of the right of British citizens to take their cases before the European Court of Human Rights - 'the right of petition' - and, as part and parcel of this, the recognition of the Court's jurisdiction. The ConservativeConservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
government in power from 1951 resisted the right of petition on the grounds that the common law would come under scrutiny by an international court. In December 1964 Terence Higgins MP
Terence Higgins, Baron Higgins
Terence Langley Higgins, Baron Higgins KBE DL PC is a British Conservative politician.He was Member of Parliament for Worthing from 1964 to 1997, and Financial Secretary to the Treasury between 1972 and 1974....
tried to persuade Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
's new Labour administration to alter the UK's position, as did the British judge at the European Court of Human Rights, Lord McNair
Arnold McNair, 1st Baron McNair
Arnold Duncan McNair, 1st Baron McNair, CBE, KC, LLD, FBA , was a British legal scholar, university teacher, and judge...
.
In 1965 Wilson informed the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
that the right of petition would be recognised for an initial period of three years with effect from 14 January 1966. At the time the government were concerned that the Burmah Oil Company would take advantage of the new right to contest the legality of the War Damage Act 1965 (which deprived the company of its right to compensation to damage caused during the Second World War as had been recognised by a decision of the House of Lords
Burmah Oil Co. v Lord Advocate
Burmah Oil Company Ltd. v Lord Advocate, [1965] AC 75, was a court case, raised in Scotland, and decided ultimately in the House of Lords. The case is an important decision in UK constitutional law and had unusual legal repercussions at the time....
), and so the date chosen fell outside the six month limitation period
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
for challenges to the 1965 Act.
Campaign for incorporation
The first public call for the incorporation of the Convention into UK law was made in 1968 and was repeated in 1974 by Lord Scarman and by Roy JenkinsRoy Jenkins
Roy Harris Jenkins, Baron Jenkins of Hillhead OM, PC was a British politician.The son of a Welsh coal miner who later became a union official and Labour MP, Roy Jenkins served with distinction in World War II. Elected to Parliament as a Labour member in 1948, he served in several major posts in...
in 1976. In 1978 a House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
Select Committee published a report recommending incorporation which was debated in the Lords leading to an amendment being moved requesting that the government introduce legislation on the matter. Lord Wade succeeded in securing the Lords' approval for a draft bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
but it did not make any progress in the Commons where Alan Beith
Alan Beith
Sir Alan James Beith is a British Liberal Democrat politician and Member of Parliament for Berwick-upon-Tweed.-Early life:Alan Beith was born in 1943 in Poynton, in Cheshire...
's unsuccessful attempt to secure a second reading of the bill was poorly attended. In 1986 Lord Broxbourne
Derek Walker-Smith
Derek Colclough Walker-Smith, Baron Broxbourne PC, TD, QC, Bt. , known as Sir Derek Walker-Smith, Bt., from 1960 to 1983, was a British Conservative Party politician....
secured the Lords' approval for his incorporation bill, but was unsuccessful in the Commons, even though a second reading had been obtained.
By 1991 the momentum for incorporation had grown, garnering support from organisations such as Charter88
Charter88
Charter88 was a British pressure group that advocated constitutional and electoral reform and owes its origins to the lack of a written constitution. It began as a special edition of the New Statesman magazine in 1988 and it took its name from Charter 77 - the Czechoslovak dissident movement...
, Liberty
Liberty (pressure group)
Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
and the Institute for Public Policy Research
Institute for Public Policy Research
The IPPR is the leading progressive think-tank in the UK. It produces research and policy ideas committed to upholding values of social justice, democratic reform and environmental sustainability. IPPR is based in London and IPPR North has branches in Newcastle and Manchester.It was founded in...
- the latter two having published proposals for a British Bill of Rights incorporating the rights. Incorporation was also advocated by senior members of the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, both past and present, including Lord Gardiner, Lord Hailsham, Lord Taylor
Peter Taylor, Baron Taylor of Gosforth
Peter Murray Taylor, Baron Taylor of Gosforth PC was the Lord Chief Justice of England from 1992 until his premature retirement in 1996, due to poor health which led to his death the following year.-Family:...
and Lord Bingham, by the Law Society
Law Society of England and Wales
The Law Society is the professional association that represents the solicitors' profession in England and Wales. It provides services and support to practising and training solicitors as well as serving as a sounding board for law reform. Members of the Society are often consulted when important...
and the Bar Council
Bar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
, also by two former Home Secretaries
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Roy Jenkins and Leon Brittan.
"Bringing Rights Home"
The Labour PartyLabour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
leader John Smith QC
John Smith (UK politician)
John Smith was a British Labour Party politician who served as Leader of the Labour Party from July 1992 until his sudden death from a heart attack in May 1994...
made a speech on 1 March 1993 entitled "A Citizen's Democracy" in which he called for a 'new constitutional settlement, a new deal between the people and the state that puts the citizen centre stage'. This objective found its way into the Labour Party's proposals for constitutional reform published in 1993, and reiterated at their Conference
Labour Party (UK) Conference
The Labour Party Conference, or annual national conference of the Labour Party, is formally the supreme decision-making body of the Party.-Conference decisions:...
in that year where a two-stage process was outlined: the incorporation of the Convention, followed by the setting-up of a Commission to prepare a British Bill of Rights.
In 1994 Lord Lester introduced a bill in the Lords which was based on the New Zealand Bill of Rights which would give the ECHR a similar status in UK law as that accorded to European Community law, i.e. allowing courts to disapply future and existing Acts of Parliament which were incompatible with the ECHR, imposing a duty on public authorities to comply with the ECHR and making provision for effective remedies (including damages) for breaches of the ECHR. Introduced during a period of concern over the impact of European Community law on the sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
of Parliament, the bill had a rough ride through the Lords and was subject to wrecking amendments by Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
ministers.
Upon the advice of senior members of the judiciary, a second bill was introduced in February 1997 which, unlike the first bill, did not confer the power on the courts to strike down Acts of Parliament. The effectiveness of the new bill would depend on the courts' willingness to attribute to it a special constitutional status in UK law and to interpret it widely. The bill had been introduced shortly after the publication on 18 December 1996 by the shadow Labour Home Secretary Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...
of a consultation paper headed "Bringing Rights Home" which put forward the case for incorporation of the ECHR into domestic law. On 5 March 1997 a Labour and Liberal Democrat
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
Consultative Committee on Constitutional Reform chaired by Robin Cook
Robin Cook
Robert Finlayson Cook was a British Labour Party politician, who was the Member of Parliament for Livingston from 1983 until his death, and notably served in the Cabinet as Foreign Secretary from 1997 to 2001....
and Robert Maclennan published a report calling for the creation of a "Human Rights Commissioner" to oversee the operation of the bill and to bring cases on behalf of those seeking protection of their rights.
The election of Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
's Labour Party in May 1997 led to the publication of a white paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
on the bill - "Rights Brought Home: The Human Rights Bill" - which received its second reading on 3 November 1997. The Liberal Democrats supported the bill, as did numerous eminent crossbenchers - Lord Bingham, Lord Scarman, Lord Wilberforce, Lord Ackner, Lord Cooke of Thorndon
Robin Cooke, Baron Cooke of Thorndon
-External links:*, The Times, 22 September 2006*, The Daily Telegraph, 26 September 2006* House of Lords minutes of proceedings, 9 October 2006*, 4 September 2006...
and Lord Donaldson. The bill was opposed by the Conservative Party, although several eminent backbencher
Backbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
s rebelled against the party line, most notably Lord Renton
David Renton, Baron Renton
David Lockhart-Mure Renton, Baron Renton, KBE, QC, TD, DL, PC was a British politician. He served for over 60 years in Parliament, 34 in the House of Commons and then 28 in the House of Lords...
and Lord Windlesham
David Hennessy, 3rd Baron Windlesham
David James George Hennessy, 3rd Baron Windlesham and Baron Hennessy, CVO, PC, FBA was a Conservative Party politician in the United Kingdom who held visiting professorships at various universities....
.
The bill successfully negotiated the Commons and the Lords as the "Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
" and entered into force on 2 October 2000.
Human Rights Act 1998
The Act seeks to give direct effect to the European Convention on Human RightsEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
in domestic law, thereby enabling claimants to bring an action directly before UK courts instead of having to take their case to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, as had previously been the case. The Act makes it unlawful for a public body to act contrary to certain rights prescribed by the Convention, and allows a UK court to award a remedy in the event of a breach. The Act only has vertical effect, i.e. it cannot be invoked in disputes between private parties.
Should an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
be passed which conflicts with the Convention, the courts cannot, however, overrule or disregard it. The later Act must be interpreted, insofar as is possible, consistently with the Human Rights Act, but must be implemented, regardless of whether it is lawful according to the convention or not. The court can make a "declaration of incompatibility", but even this cannot force a change, merely strongly encourage reconsideration by Parliament, which remains sovereign.
The Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
has been severely criticised by UK political figures and the media for putting the rights of offenders over those of victims, leading to short prison sentences and lenient treatment of criminals. After a tribunal ruled that Learco Chindamo, the Italian
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
national who murdered headteacher Philip Lawrence
Philip Lawrence
Philip Ambrose Lawrence QGM, was a London-based headmaster who was stabbed to death outside the gates of his school when he went to the aid of a pupil who was being attacked by a gang.-Biography:...
in 1996, could not be deported to Italy after his release from prison, opposition leader David Cameron
David Cameron
David William Donald Cameron is the current Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service and Leader of the Conservative Party. Cameron represents Witney as its Member of Parliament ....
called for the abolition of the Act and its replacement with a "British Bill of Rights". Although the Labour government, under former prime minister Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
, was responsible for introducing the Act, the perceived leniency of sentencing has been criticised by Blair and other senior Labour figures. The 2006 Afghan hijackers case
2006 Afghan hijackers case
The Afghan hijackers case refers to a series of United Kingdom judicial rulings in 2006 in which it was ruled a group of nine Afghan men, who had hijacked an aircraft to escape the Taliban, had the right to remain in the UK...
, where a group of Afghan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
men who hijacked an aircraft
Aircraft
An aircraft is a vehicle that is able to fly by gaining support from the air, or, in general, the atmosphere of a planet. An aircraft counters the force of gravity by using either static lift or by using the dynamic lift of an airfoil, or in a few cases the downward thrust from jet engines.Although...
in order to enter the UK were granted leave to remain in the UK, was severely criticised in the British media and by both opposition and government politicians.
Privacy
The European Convention includes a right to privacy. This is one right that British law had not taken seriously beforehand, and there was a lot of speculation in the legal community as to how far the new act would change the law; battles between privacy and free speech were expected. Although Naomi CampbellNaomi Campbell
Naomi Campbell is a British model. Scouted at the age of 15, she established herself among the top three most recognisable and in-demand models of the late 1980s and early 1990s, and she was one of six models of her generation declared "supermodels" by the fashion world...
and Sara Cox
Sara Cox
Sara Cox , known as "Coxy", is an English TV presenter and radio DJ, most well known for presenting the breakfast show on BBC Radio 1 between 2000 and 2003...
have both won high-profile cases, the law has not had quite the impact that had been anticipated. Indeed, the House of Lords in the case Wainwright v. Home Office
Wainwright v. Home Office
Wainwright and another v Home Office [2003] UKHL 53; [2003] 3 WLR 1137 is an English tort law case concerning the arguments for a tort of privacy, and the action for battery.-Facts:...
(2003) involving the routine strip-searching of visitors to a prison, recognised that only Parliament itself could create a specific right to privacy. The claimant later applied to the European Court of Human Rights which found that there had been a violation of Article 8 of the Convention (right to privacy).
Northern Ireland
During the 1970s and 1980s, the British government focused a lot of effort on measures to combat the activities of the Provisional Irish Republican ArmyProvisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
(PIRA) in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
. In Northern Ireland, the government curtailed the civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
of all those, mainly from the Catholic nationalist minority, who were interned
Internment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
without trial, and violated the human rights of some. The Ministry of Defence
Ministry of Defence (United Kingdom)
The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
stated "moderate physical pressure" was applied to the men. The European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
ruled that the techniques used, including sleep deprivation, hooding, stress postures, subjection to "white noise" and deprivation of food and drink, constituted "cruel and inhuman treatment", but fell short of torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
in a landmark 1978 case.
War on terrorism
Since 2001, the "War on TerrorismWar on Terrorism
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
" has led to new human rights concerns.
The most recent criticism has concerned the Prevention of Terrorism Act 2005
Prevention of Terrorism Act 2005
The Prevention of Terrorism Act 2005 is an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001...
, a response to a perceived increased threat of terrorism. This act allows the house arrest
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
of terrorist
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
suspects where there is insufficient evidence to bring them to trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
, involving the derogation (opting-out) of human rights laws, through the imposition of control orders. This aspect of the Prevention of Terrorism Act was introduced because the detention without trial of nine foreigners at HM Prison
Her Majesty's Prison Service
Her Majesty's Prison Service is a part of the National Offender Management Service of the Government of the United Kingdom tasked with managing most of the prisons within England and Wales...
Belmarsh
Belmarsh (HM Prison)
HM Prison Belmarsh is a Category A men's prison, located in the Thamesmead area of the London Borough of Greenwich, in south-east London, England. Belmarsh Prison is operated by Her Majesty's Prison Service...
under Part IV of the Anti-terrorism, Crime and Security Act 2001
Anti-terrorism, Crime and Security Act 2001
The Anti-Terrorism, Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November 2001, two months after the terrorist attacks on New York on 11 September. It received royal assent and came into force on 14 December 2001...
was held to be unlawful under human rights legislation, by the House of Lords, in A and Others v. Secretary of State for the Home Department (2004)
A and Others v. Secretary of State for the Home Department
A and others v Secretary of State for the Home Department [2004] UKHL 56 is a UK human rights case heard before the House of Lords. It held that the indefinite detention of foreign prisoners in Belmarsh without trial under the section 23 of the Anti-terrorism, Crime and Security Act 2001 was...
.
Both the above Acts have been criticised for the lack of parliamentary discussion; the Anti-terrorism, Crime and Security Act 2001 went from introduction to Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
in 32 days, the Prevention of Terrorism Act 2005 in 17.
The Civil Contingencies Act 2004
Civil Contingencies Act 2004
The Civil Contingencies Act 2004 is an Act of the Parliament of the United Kingdom that establishes a coherent framework for emergency planning and response ranging from local to national level...
has also been criticised as giving the government very wide-ranging power in an emergency.
On February 2, 2005, Parliament's Joint Committee on Human Rights
Joint Committee on Human Rights
The Joint Committee on Human Rights is a select committee of both the House of Commons and House of Lords in the Parliament of the United Kingdom...
also suggested that the Identity Cards Act 2006 might contravene Article 8 of the European Convention (the right to respect for private life) and Article 14 (the right to non-discrimination).
Internment
Following the September 11, 2001 attacks, the Anti-Terrorism, Crime and Security Act 2001Anti-terrorism, Crime and Security Act 2001
The Anti-Terrorism, Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November 2001, two months after the terrorist attacks on New York on 11 September. It received royal assent and came into force on 14 December 2001...
was passed.
Part 4 of the Act provided for the indefinite detention without charge of foreign nationals certified by the Home Secretary as "suspected international terrorists" where such persons could not be deported on the grounds that they faced a real risk of torture, inhuman or degrading treatment if removed to their home country.
Part 4 did not create new detention powers - under the 1971 Immigration Act
Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
, the Home Secretary has the power to detain a foreign national pending deportation. Instead, Part 4 removed a limitation on detention powers imposed by the requirements of Article 5(1)(f) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(which provided, among other things, that someone could only be detained for a short period prior to deportation). This was achieved by the British government derogating from the ECHR on the basis that the threat to the UK amounted to a 'public emergency threatening the life of the nation' within the meaning of Article 15.
However, the use of immigration detention powers meant that, although the British government could not force them, the detainees were technically free to return (albeit facing a real risk of torture). However, 2 detainees did leave - one to France and one to Morocco.
In 2002, the Special Immigration Appeals Commission
Special Immigration Appeals Commission
The Special Immigration Appeals Commission is a superior court of record in the United Kingdom established by the Special Immigration Appeals Commission Act 1997 that deals with appeals from persons deported by the Home Secretary under various statutory powers, and usually related to matters of...
held that indefinite detention under Part 4 was incompatible with the right to non-discrimination under Article 14 ECHR, on the basis that only suspected terrorists who were foreign nationals were subjected to detention, while suspects who were British nationals remained free. However, SIAC's declaration of Part 4's incompatibility with Article 14 was quashed by the Court of Appeal.
In December 2004, the House of Lords held 8-1 that Part 4 was incompatible with both Article 5 and Article 14 ECHR on the basis that indefinite detention was both a disproportionate measure notwithstanding the seriousness of the terrorist threat, as well as discriminatory.
Following the judgment, the government moved to introduce control orders as an (highly controversial) alternative measure. The use of control orders and the repeal of Part 4 of the 2001 was secured by the passing of the Prevention of Terrorism Act 2005
Prevention of Terrorism Act 2005
The Prevention of Terrorism Act 2005 is an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001...
.
The UK before the European Court of Human Rights
By 2004, the European Court of Human Rights had, in 130 cases, found violations of the European Convention of Human Rights by the United Kingdom. These judgments cover a wide variety of areas, from the rights of prisoners to trade union activities. The decisions have also had a profound effect and influence on the approach adopted by the UK to the regulation of activities which could potentially engage Convention rights. As one author has noted, "[t]here is hardly an area of state regulation untouched by standards which have emerged from the application of Convention provisions to situations presented by individual applicants."Notable cases involving violations of the Convention include:
- Criminal sanctions for private consensual homosexual conduct (Dudgeon, 1981Dudgeon v. United KingdomDudgeon v the United Kingdom was a European Court of Human Rights case, which held that legislation passed in the nineteenth century to criminalise male homosexual acts in England, Wales and Ireland - in 1980, still in force in Northern Ireland - violated the European Convention on Human Rights...
); - Refusal to legally recognise transsexuals (Rees, 1986);
- Different ages of consent for homosexuals and heterosexuals (Sutherland, 2000);
- Parents' rights to exempt their children from corporal punishmentCorporal punishmentCorporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
in schools (Campbell and Cosans, 1982); - Sentencing a juvenile young offender to be "birched" (Tyrer, 1978);
- Wiretapping of suspects in the absence of any legal regulation (Malone, 1984);
- Restrictions on prisoners' correspondence and visits by their lawyers (Golder, 1975);
- Routine strip-searching of visitors to a prison (Wainwright, 2006);
- Allowing the Home SecretaryHome SecretaryThe Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
rather than a court to fix the length of sentences (Easterbrook, 2003); - Admitting testimonyTestimonyIn law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
obtained under coercion as evidence (Saunders, 1996Saunders v. the United KingdomSaunders v the United Kingdom was a legal case heard by the European Court of Human Rights regarding the right against self-incrimination and the presumption of innocence as included in the European Convention on Human Rights Article 6 paragraphs 1 and 2....
); - Keeping a suspect incommunicado in oppressive conditions without access to a solicitorSolicitorSolicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
(Magee, 2000); - Extradition of a suspect to the United States to face a capital charge (Soering, 1989Soering v. United KingdomSoering v United Kingdom 11 Eur. Ct. H.R. is a landmark judgment of the European Court of Human Rights which established that extradition of a young German national to the United States to face charges of capital murder violated Article 3 of the European Convention on Human Rights guaranteeing...
); - Granting the police blanket immunity from prosecution (Osman, 1998);
- Shooting of Provisional Irish Republican ArmyProvisional Irish Republican ArmyThe Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
suspects in GibraltarGibraltarGibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
without any attempt to arrest them (McCannDaniel McCannDaniel "Danny" McCann was a volunteer in the Provisional Irish Republican Army who was killed by British Army Special Air Service soldiers in Operation Flavius.-Background:...
, 1995); - Killing of a prisoner by another mentally-ill detainee with whom he was sharing a cell (Edwards, 2002);
- Investigation of an unlawful killing by police officers conducted by the police officers who participated in the killing (McShane, 2002);
- Failure to protect a child from ill-treatment at the hands of his stepfather (A, 1998);
- Failure by a local authority to take sufficient measures in the case of severe neglect and abuse of children by their parents over several years (Z, 2001);
- Ineffective monitoring of a young prisoner who committed suicide during a short sentence (Keenan, 2001);
- Keeping a disabled person in dangerously cold conditions without access to a toilet (Price, 2001);
- Granting of an injunction against the Sunday Times for publishing an article on the effects of thalidomideThalidomideThalidomide was introduced as a sedative drug in the late 1950s that was typically used to cure morning sickness. In 1961, it was withdrawn due to teratogenicity and neuropathy. There is now a growing clinical interest in thalidomide, and it is introduced as an immunomodulatory agent used...
(Sunday Times, 1979); - Injunction against the Sunday Times for publishing extracts from the SpycatcherSpycatcherSpycatcher: The Candid Autobiography of a Senior Intelligence Officer , is a book written by Peter Wright, former MI5 officer and Assistant Director, and co-author Paul Greengrass. It was published first in Australia...
novel (Sunday Times (no. 2), 1991); - Ordering a journalist to disclose his sources (Goodwin, 1996);
- Agreement obliging employees to join a certain trade union in order to keep their jobs (Young, 1981);
- Keeping a database of DNADNADeoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
samples taken from individuals arrested, but later acquitted or have the charges against them dropped (Marper, 2008S. and Marper v. The United KingdomS and Marper v United Kingdom [2008] is a case decided by the European Court of Human Rights which held that holding DNA samples of individuals arrested but who are later acquitted or have the charges against them dropped is a violation of the right to privacy under the European Convention on...
).
Human trafficking
There has been a growing awareness of human traffickingHuman trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
as a human rights issue in the UK, in particular the trafficking of women and under-age girls in to the UK for forced prostitution. A particular high profile case resulted in the conviction of five Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
ns who ‘trafficked’ a 16 year old Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
n girl and forced her into prostitution. According to Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
figures, there are over 1,000 cases of trafficking each year. Under pressure from organisations such as Amnesty International, the UK government has recently signed the Council of Europe Convention on Action against Trafficking in Human Beings.
National Human Rights Institutions in the UK
There are three national human rights institutions in the UK, each with specific jurisdiction and functions. All three are accredited with 'A' status by the International Co-ordinating Committee of NHRIsInternational Co-ordinating Committee of National Human Rights Institutions
The International Coordinating Committee of National Human Rights Institutions, sometimes shortened to the International Coordinating Committee , is a global network of national human rights institutions - administrative bodies set up to promote, protect and monitor human rights in a given country...
, and all participate in the European Group of NHRIs
European Group of National Human Rights Institutions
The European Group of NHRIs is one of four regional networks of national human rights institutions within the International Co-ordinating Committee of NHRIs...
, in both cases sharing one (United Kingdom) vote.
- The first such body to be created was the Northern Ireland Human Rights CommissionNorthern Ireland Human Rights CommissionThe Northern Ireland Human Rights Commission is a non-departmental public body funded through the Northern Ireland Office but operating independently of government as the national human rights institution for Northern Ireland...
(NIHRC, www.nihrc.org) was set up in 1999, under the Northern Ireland Act 1998Northern Ireland Act 1998The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which established a devolved legislature for Northern Ireland, the Northern Ireland Assembly, after decades of direct rule from Westminster....
which implemented elements of the Belfast (Good Friday) Agreement; its powers were strengthened by the Justice and Security (Northern Ireland) Act 2007. The Commission is mandated to promote and protect human rights in Northern Ireland through advising on legislation and policy, providing legal assistance to individuals, intervening in litigation, conducting litigation in its own name, publications, research, investigations, monitoring compliance with international standards, and education and training. - The Equality and Human Rights Commission (EHRC, www.equalityhumanrights.com) deals with anti-discrimination and equality issues in England, Scotland and Wales, and with human rights issues in England and Wales, and certain human rights issues in Scotland (those not devolved to the Scottish ParliamentScottish ParliamentThe Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
). - The Scottish Human Rights CommissionScottish Human Rights CommissionThe Scottish Human Rights Commission was established by an Act of the Scottish Parliament [] and started their work in 2008. The Commission is independent of Government, and the Scottish and Westminster Parliaments. The Scottish Human Rights Commission promotes and protects the human rights of...
(SHRC, www.scottishhumanrights.com) was established by The Scottish Commission for Human Rights Act 2006 (Scottish Parliament), and became fully operational on 10 December 2008, Human Rights Day, and the 60th Anniversary of the Universal Declaration of Human Rights. The Commission is mandated to promote and protect human rights in Scotland in relation to civil, political, economic, social and cultural rights, through publications, research, inquiries, advice, monitoring, legal intervention and education and training.
Human rights non-governmental organisations
- The Nobel Peace PrizeNobel Peace PrizeThe Nobel Peace Prize is one of the five Nobel Prizes bequeathed by the Swedish industrialist and inventor Alfred Nobel.-Background:According to Nobel's will, the Peace Prize shall be awarded to the person who...
winning Amnesty InternationalAmnesty InternationalAmnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, the largest human rights organisation in the world, was set up in the UK. - JUSTICEJUSTICEJUSTICE is a human rights and law reform organisation based in the United Kingdom. It is the British section of the International Commission of Jurists, the international human rights organisation of lawyers devoted to the legal protection of human rights worldwide...
is a human rights and law reform organisation based in the UK. It is the British Section of the International Commission of JuristsInternational Commission of JuristsThe International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
. Its mission is to promote human rights and advance the rule of law in the UK. - The lobbying organisation LibertyLiberty (pressure group)Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
is an influential pressure group which aims to protect civil libertiesCivil libertiesCivil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
within the UK. - ARTICLE 19ARTICLE 19ARTICLE 19 is a London-based human rights organisation with a specific mandate and focus on the defence and promotion of freedom of expression and freedom of information worldwide...
works to promote freedom of expression in the UK and worldwide. - In Northern Ireland, human rights NGOs include the Committee on the Administration of JusticeCommittee on the Administration of JusticeCAJ is an independent human rights organisation with cross community membership in Northern Ireland and beyond. It was established in 1981 and lobbies and campaigns on a broad range of human rights issues...
(www.caj.org).
See also
- Censorship in the United KingdomCensorship in the United KingdomCensorship in the United Kingdom has a long history with variously stringent and lax laws in place at different times. Censorship of motion pictures, video games and Internet sites hosted in the United Kingdom are considered to be among the strictest in the European Union, the strictest being...
- The Convention on Modern LibertyThe Convention on Modern LibertyThe Convention on Modern Liberty is a British voluntary body and programme of the Open Trust, set up in September 2008, that aims to highlight what it sees as the erosion of civil liberties in the UK...
- Islamic Human Rights CommissionIslamic Human Rights CommissionThe Islamic Human Rights Commission is a non-profit organization. Its stated mission is to, "... work with different organizations from Muslim and non-Muslim backgrounds, to campaign for justice for all peoples regardless of their racial, confessional or political background.". The group is...
- JUSTICEJUSTICEJUSTICE is a human rights and law reform organisation based in the United Kingdom. It is the British section of the International Commission of Jurists, the international human rights organisation of lawyers devoted to the legal protection of human rights worldwide...
- Liberty (pressure group)Liberty (pressure group)Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
- Stannary Courts and ParliamentsStannary Courts and ParliamentsThe Stannary Parliaments and Stannary Courts were legislative and legal institutions in Cornwall and in Devon , England. The Stannary Courts administered equity for the region's tin-miners and tin mining interests, and they were also courts of record for the towns dependent on the mines...
External links
- Publications by Parliament's Joint Committee on Human Rights
- U.S. Department of State publication: 2004 UK Country Report on Human Rights Practices
- U.S. Department of State publications: UK Country Reports on Human Rights Practices since 1996
- European Court of Human Rights Judgements
- Amnesty International UK site
- Guardian Special Report: Human Rights in the UK
- Censorship in the UK - IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Human Rights Act 1998
- Amnesty International UK trafficking/forced prostitution
- Amnesty International UK - Council of Europe Convention against Trafficking in Human Beings
- Baltic girls forced into sex slavery - BBC
- 'Child traffic victims 'failed'- BBC
- ‘They said I wasn’t human but something that can be bought’ – The Times
- ‘Mine for £1,300: Ileana, the teenage sex slave ready to work in London’ – The Sunday Telegraph
- 'A modern slave's brutal odyssey - BBC
- Review of the United Kingdom of Great Britain and Northern Ireland by the United Nations Human Rights CouncilUnited Nations Human Rights CouncilThe United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
's Universal Periodic Review, April 10, 2008