Civil liberties

Civil liberties are protections from the power of governments. Examples include the right to life, the right to privacy, the right to a fair trial, freedom of speech and freedom of assembly. These are usually guaranteed and protected by a constitution or by adherence to an international treaty. In many places there are disputes over certain liberties, regarding the question of whether they can be considered civil liberties at all, and, if so, whether they should be protected. Examples include reproductive rights, the right of gay marriage, and the right of narcotic possession.

United Kingdom

While the United Kingdom has no formal written constitution, it is a signatory to the European Convention on Human Rights (ECHR) which covers both human rights and civil liberties, and has passed the Human Rights Act, which incorporates the great majority of Convention rights directly into UK law.

Related Topics:
United Kingdom - European Convention on Human Rights - Human rights - Human Rights Act

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After the September 11, 2001 attacks the UK passed the Anti-Terrorism Crime and Security Act 2001, Part 4 of which provided for the indefinite detention without trial of foreign nationals whom the Home Secretary suspected of involvement in terrorism. In order to pass this legislation, the UK derogated from Article 5 of the Convention on the grounds that the terrorist threat to the UK constituted a 'public emergency threatening the life of the nation' within the terms of Article 15. In December 2004, the Judicial Committee of the House of Lords ruled by a majority of 8-1 that Part 4 of the 2001 Act was incompatible with Articles 5 and 14 of the Convention. Although a majority of the Law Lords agreed that the terrorist threat to the UK constituted a public emergency within the meaning of Article 15, it found that the use of indefinite detention was both disproportionate (in that less restrictive measures were available) and discriminatory (since UK nationals suspected of terrorism were not liable to indefinite detention). This prompted the government to pass the Prevention of Terrorism Act 2005, which provides for the use of 'control orders' against both UK and foreign nationals suspected of involvement in terrorism. The courts have yet to rule on the compatibility of these orders, although human rights groups have argued they are incompatible with both Article 5 (the right to liberty) and Article 6 (the right to a fair trial).

Related Topics:
September 11, 2001 attacks - Anti-Terrorism Crime and Security Act 2001 - Detention without trial - Terrorism - Derogated - Law Lords - Prevention of Terrorism Act 2005 - 'control orders'

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Despite the UK's liberal heritage, the Government's Information Commissioner stated in 2004 that the country is currently in danger of becoming a surveillance society. See also British national identity card.

Related Topics:
Information Commissioner - 2004 - Surveillance society - British national identity card

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