Human Rights + Civil Liberties

• human rights - where citizens liberties taken into account and all citizens considered on an legal, ethical and moral basis
• Bill of Rights (1689): establishing principle of constitutional monarchy bound by law

  • giving parliament official power
• Magna Carter (1215): document which established a precedent for equal rights of citizens

  • needed to ensure monarchy didn't abuse their power (seperation of powers) - wanted more citizens rights
  • prevents unlawful imprisonment, unfair taxation, no one being above the law, seperation of Church with state, everyone having right to vote
• UDHR (1948) - united nations declaration of human rights
• ECHR (1950) - European convention of human rights
• Human Rights Act (1998) - checks on power of all authoritative figures to make sure human rights are protected by law

  • adapted to suit our country
• PROS - Human Rights Act

  • clearly establishes citizens equally eligible for an easy to access document
  • incorporates ECHR into British law

  Tony Blair didn't want to rely on uncodified laws = emphasis on codification on rights of UK citizens

  • possess clear statement of civil liberties in one document - enforceable in British courts
  • ensures citizens aren't being exploited
• Human Rights Act was under threat as Conservative government wanted to change + make British Bill of Rights
• Case Study - 7/7 and the Terrorism Act

  Terrorism Act (2000): direct consequence of London 7/7 bombings - terrorism suspects held without charge for 28 days (increase of 14)

  • MPs voted down proposals to allow police to hold terrorist suspects for 90 days without charge
  • Blair's government suffered first defeat - tension between protecting the country's security, and those who wish to protect civil liberties as they see it
• Equality Act (2010): first act of parliament establishing equality before law of ALL citizens

  • states discrimination is illegal in 9 protected characteristics - sex, sexual orientation, age, disability, gender re-assignment, marriage, pregnancy + maternity, race and religion
• Freedom of Information Act (2000): public have "right to access" information held by government bodies, unless compromises national security

  e.g. knowing NHS budgets, but no access to war strategies/terrorism information

  • MPs expenses scandal (2009) exposed as journalists demanded access
• civic responsibility - responsibilities that can be enforced by law

  e.g. paying taxes + serving on jury
• civic right - responsibilities not legally enforceable

  e.g. voting, BUT expected of citizens
• When has our freedom been "restricted"?

  • Investigatory Powers Act (2016) - allowed law enforcement to gain person electronic data (e.g. browsing history)
  • In 2022, Johnson's government were committed to introduce British Bill of Rights
  • Police, Crime, Sentencing + Courts Act (2022) - designated to limit impact of public protests (generated significant opposition from civil liberties groups)
• Case Study: British Bill of Rights

  Conservatives state it would stop act being "misinterpreted"

  • argue foreign nationals who committed serious crimes use freedoms guaranteed under HRA to justify remaining in UK
  • "mounting concern" at EU attempt to overrule decisions made by parliament + courts
  • aim to tackle misuse of rights

  ECHR will no longer be able to overrule judgement made in British courts

  Former Liberty director Shami Chakrabarti stated proposal "gravest threat to freedom in Britain since the Second World War