
Broken Liberty: Istanbul Archaeology Museum.
'Civil liberties' is the name given to
freedoms that completely protect the individual from government. Civil liberties set limits for government so that it can not abuse its power and interfere with the lives of its citizens.
Common civil liberties include
freedom of association,
freedom of assembly,
freedom of religion, and
freedom of speech, and additionally, to
due process, to a
fair trial, to
bear arms, and to
privacy.
The formal concept of civil liberties dates back to the
Magna Carta of 1215 which in turn was based on pre-existing documents.
By definition
democracies such as the United States and Canada have a
Constitution, a
bill of rights and similar constitutional documents that enumerate and seek to guarantee civil liberties. Other states have enacted similar laws through a variety of legal means, including signing and ratifying or otherwise giving effect to key conventions such as the
European Convention on Human Rights and the
International Covenant on Civil and Political Rights.
It might be said that the protection of civil liberties is a key responsibility of all
citizens of
democratic states, as distinct from
authoritarian states.
The existence of some claimed civil liberties is a matter of dispute, as are the extent of most civil liberties. Controversial examples include
reproductive rights,
same-sex marriage,
possession of guns, and the use of certain drugs. Another matter of debate is the suspension or alteration of certain civil liberties in times of
war or
state of emergency, including whether and to what extent this should occur.
Civil liberties by country
The
European Convention on Human Rights, to which most European countries, including all of the
European Union, belong, enumerates a number of civil liberties and is of varying constitutional force in different European states.
France's
1789 Declaration of the Rights of Man and of the Citizen listed many civil liberties and is of constitutional force.
The
Constitution of Canada includes the
Canadian Charter of Rights and Freedoms which guarantees many of the same rights as the U.S. constitution, with the notable exceptions of protection against
establishment of religion. However, the Charter does protect
freedom of religion. The Charter also omits any mention of, or protection for, property.
The
Constitution of Russian Federation guarantees many of the same rights and civil liberties as U.S. except to bear arms, i.e.: freedom of speech, freedom of religion, freedom of association and assembly, freedom to choose language, to due process, to a fair trial, privacy, freedom to vote, right for education, etc.
The
Constitution of People's Republic of China (apply to
mainland China only, not to
Hong Kong,
Macau and
Taiwan) , especially its Fundamental Rights and Duties of Citizens, claims to protect many civil liberties. See
Civil liberties in the People's Republic of China
While the
United Kingdom has no codified constitution, relying on a number of legal conventions and pieces of legislation, it is a signatory to the
European Convention on Human Rights which covers both
human rights and civil liberties. The
Human Rights Act 1998 incorporates the great majority of Convention rights directly into UK law.
The
United States Constitution, especially its
Bill of Rights, protects many civil liberties. See
Civil liberties in the United States
Controversies in the UK
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). It is argued by such groups that these acts are taking away civil liberties, in the name of "fighting terrorism" .
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.
See also
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American Civil Liberties Union
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Bill of Rights Defense Committee
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Rutherford Institute
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Canadian Muslim Civil Liberties Association
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Civil
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Privacy
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Teaching for social justice
References
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Dershowitz, Alan.
"Preserving Civil Liberties." ''Reflections on the Fractured Landscape,'' spec. sec. of ''
Chronicle of Higher Education'', ''Chronicle Review'',
September 28,
2001. Accessed
August 11,
2006.
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Smith, Jean Edward, and Herbert M. Levine. ''Civil Liberties and Civil Rights Debated''. Englewood Cliffs, NJ: Prentice Hall, 1988.
External links
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About.com: Civil Liberties
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American Civil Liberties Union
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Bill of Rights Defense Committee
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The Cato Institute: Civil Liberties
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USDOJ: Privacy and Civil Liberties Office
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Canadian Muslim Civil Liberties Association
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British Columbia Civil Liberties Association
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Rights, Civil Liberties and Freedoms in Russia