NationMaster - Encyclopedia: Human rights in the United Kingdom

The United Kingdom has a long and established tradition of avowed respect for its subjects' human rights. At the same time, the UK, like many nations, has also had a history of both de jure and de facto racial and ethnic-religious discrimination, and, even 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 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^[1] and the 2006 Afghan hijackers case,^[2] have attracted controversy, sparking calls for the review of the Human Rights Act 1998 and other legislation. A logo of Her Majestys Government. ... The British monarch or Sovereign is the monarch and head of state of the United Kingdom and its overseas territories, and is the source of all executive, judicial and (as the Queen-in-Parliament) legislative power. ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of sixteen sovereign states, holding each crown and title equally. ... This article refers to the Commonwealths concept of the monarchys legal authority. ... Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ... This article does not cite any references or sources. ... The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is, in practice, the political leader of the United Kingdom. ... For others with the same or similar names, see Gordon Brown (disambiguation). ... The Chancellor of the Exchequer is the title held by the British Cabinet minister responsible for all economic and financial matters. ... Alistair Maclean Darling (born November 28, 1953) is a British politician and Chancellor of the Exchequer since June 28, 2007. ... The Secretary of State for Foreign and Commonwealth Affairs (commonly referred to as Foreign Secretary) is a member of the British Government responsible for relations with foreign countries, heading the Foreign and Commonwealth Office (often called simply the Foreign Office). ... David Wright Miliband (born 15 July 1965) is a British politician who is the current Secretary of State for Foreign and Commonwealth Affairs [1] and Member of Parliament for the constituency of South Shields, Tyne and Wear. ... The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is responsible for internal affairs in England and Wales, and for immigration and citizenship for the whole United Kingdom (including Scotland and Northern Ireland). ... Jacqueline Jill Smith (born 3 November 1962) is a British politician who has been Home Secretary since 28 June 2007 and is the current Member of Parliament for Redditch, since 1997. ... The Secretary of State for Justice is a United Kingdom cabinet position. ... John Whitaker Straw (born August 3, 1946) is a British Labour Party politician. ... Gordon Brown is currently serving as Prime Minister of the United Kingdom. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Speaker of the House of Lords HÃ©lÃ¨ne Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist... In the United Kingdom, the State Opening of Parliament is an annual event held usually in October or November that marks the commencement of a session of Parliament. ... This article is about the British House of Lords. ... The Lord Speaker (or Lady Speaker) will be a new position in the British Parliament created once the Constitutional Reform Acts provisions about the Speakership of the House of Lords comes into effect. ... HÃ©lÃ¨ne Valerie Hayman, Baroness Hayman, PC, nÃ©e Middleweek (born 26 March 1949) is a Labour policitian. ... Type Lower House Speaker Michael Martin, (Non-affiliated) since October 23, 2000 Leader Harriet Harman, (Labour) since June 28, 2007 Shadow Leader Theresa May, (Conservative) since May 5, 2005 Members 659 Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn FÃ©in... In the United Kingdom, the Speaker of the House of Commons is the presiding officer of the House of Commons, and is seen historically as the First Commoner of the Land. ... Michael John Martin MP (born 3 July 1945) is the current Speaker of the House of Commons in the United Kingdom. ... The Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons. ... Harriet Ruth Harman QC MP (born 30 July 1950) is a British solicitor (professional legal adviser) and Labour politician. ... Prime Ministers Questions (PMQs) (officially Questions to the Prime Minister) is a constitutional convention in the United Kingdom, where every Wednesday when the House of Commons is sitting the Prime Minister spends half an hour answering questions from Members of Parliament (MPs). In Canada, this convention is known as... Her Majestys Loyal Opposition, or the Official Opposition in the United Kingdom is the largest opposition party in the House of Commons. ... The Leader of the Opposition in the United Kingdom is the politician who leads Her Majestys Most Loyal Opposition. ... For the Canadian ice hockey player, see Dave Cameron. ... The Official Loyal Opposition Shadow Cabinet (normally referred to simply as The Shadow Cabinet) is, in British parliamentary practice, a group of members from Her Majestys Loyal Opposition whose job it is to scrutinise their opposite numbers in government and come up with alternative policies. ... The United Kingdom does not have a single unified judicial system: England and Wales have one system, Scotland another, and Northern Ireland another. ... Schematic of court system for England and Wales The Courts of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they are constituted and governed by the Law of England and Wales and are subordinate to the Parliament of the... The United Kingdom does not have a single unified judicial system â€” England and Wales have one system, Scotland another, and Northern Ireland a third. ... The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ... The factual accuracy of this article is disputed. ... The Politics of Scotland forms a distinctive part of the wider politics of the United Kingdom, with Scotland one of the constituent countries of the United Kingdom. ... The logo of the Governemnt, incorporating the Saltire. ... For the national legislative body up to 1707, see Parliament of Scotland. ... Politics in Wales forms a distinctive polity in the wider politics of the United Kingdom, with Wales as one of the four constituent countries of the United Kingdom. ... Official logo of the Welsh Assembly Government The Welsh Assembly Government (WAG) (Welsh: , LlCC) was firstly an executive body of the National Assembly for Wales, consisting of the First Minister and his Cabinet from 1999 to 2007. ... Established 1999 by the Government of Wales Act 1998 Presiding Officer Lord Elis-Thomas AM (Plaid) Since May 12, 1999 Deputy Presiding Officer Rosemary Butler AM (Lab) Leader of the House Carwyn Jones AM (Lab) Chief Executive and Clerk to the Assembly Claire Clancy Political parties 6 Welsh Labour (26... // Population 1,685,267 Place of birth Northern Ireland: 1,534,268 (91. ... The Northern Ireland Executive as established by the Northern Ireland Act 1998 is the (currently suspended) executive body for Northern Ireland, answerable to the Northern Ireland Assembly. ... The logo of the Northern Ireland Assembly, a six flowered linen or flax plant. ... see also Politics of the United Kingdom This politics-related article is a stub. ... Regional Assembly is a title which has universally been adopted by the English bodies established as regional chambers under the Regional Development Agencies Act 1998. ... The Greater London Authority (GLA) administers the 1579 kmÂ² (610 sq. ... In Scotland reserved matters, also referred to as reserved powers, are those subjects over which power to legislate is retained by Westminster, as explicitly stated in the Scotland Act 1998. ... The United Kingdom has five distinct types of elections: general, local, regional, European and mayoral. ... The United Kingdom House of Commons is made up of Members of Parliament (MPs). ... This is a list of political parties in the United Kingdom. ... The United Kingdom general election of 2005 was held on Thursday, 5 May 2005. ... Under the provisions of the Parliament Acts of 1911 and 1949, the next United Kingdom general election must be held on or before 3 June 2010, barring exceptional circumstances. ... The United Kingdom (UK) is a major player in international politics, with interests throughout the world. ... The European Union or EU is a supranational and international organization of 27 member states. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... For other uses, see Law (disambiguation). ... An African-American drinks out of a water fountain marked for colored in 1939 at a street car terminal in Oklahoma City. ... Categories: Move to Wiktionary | Stub | Persecution ... Various Religious symbols, including (first row) Christian, Jewish, Hindu, Bahai, (second row) Islamic, tribal, Taoist, Shinto (third row) Buddhist, Sikh, Hindu, Jain, (fourth row) Ayyavazhi, Triple Goddess, Maltese cross, pre-Christian Slavonic Religion is the adherence to codified beliefs and rituals that generally involve a faith in a spiritual... Security measures taken to protect the Houses of Parliament in London, England. ... Learco Chindamo, an Italian national resident in the United Kingdom, was convicted in 1996 of the murder of school headmaster Philip Lawrence. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ...

The British Citizen and the State

The notion of citizenship

In most democratic countries, the notion of citizenship (as opposed to that of nationality) 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.^[3] Image File history File links Unbalanced_scales. ... Citizen redirects here. ... In English usage, nationality is the legal relationship between a person and a country. ... The term inalienable rights (or unalienable rights) refers to a set of human rights that are in some sense fundamental, are not awarded by human power, and cannot be surrendered. ... A fundamental right is a right that has its origin in a countrys constitution or that is necessarily implied from the terms of that constitution. ...

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.^[4] Edmund Burke (January 12, 1729[1] â€“ July 9, 1797) was an Anglo-Irish statesman, author, orator, political theorist, and philosopher, who served for many years in the British House of Commons as a member of the Whig party. ... Jeremy Bentham (IPA: ) (26 February [O.S. 15 February 15] 1748) â€“ June 6, 1832) was an English jurist, philosopher, and legal and social reformer. ... John Austin (1790 - 1859) was a jurist, served in the army in Sicily and Malta, but, selling his commission, studied law, and was called to the Bar 1818. ... Albert Venn Dicey (February 4, 1835 – April 7, 1922) was a British jurist and constitutional theorist who wrote An Introduction to the Study of the Law of the Constitution (1885). ... Sir William Ivor Jennings, KBE, was a British lawyer and educator who went to Ceylon (now Sri Lanka) in 1942 with a mandate to create a university for that land, then a Crown colony. ... English Bill of Rights (1689). ...

Absence of a codified constitution

The situation is compounded by the absence of an enforceable, constitutionally protected Bill of Rights or a written constitution, which, along similar lines to the United States Bill of Rights 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 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.^[4] The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... Declaration of the Rights of Man and Citizen: Revolutionary patriotism borrows familiar iconography of the Ten Commandments. ... Entick v. ... Year 1765 (MDCCLXV) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 11-day slower Julian calendar). ... Contemporary cartoon of Disraeli outpacing Gladstone. ... Year 1867 (MDCCCLXVII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ... The National Insurance Act 1911 is an Act of Parliament of the United Kingdom, passed in 1911. ...

Human rights under English law

Civil liberties

Right to life

Protection of the right to life is primarily ensured by the criminal law (the crimes of murder 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. Capital punishment in the United Kingdom refers to the use of capital punishment in the United Kingdom and its constituent countries, predating the formation of the United Kingdom itself. ...

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. Under English criminal law, the Suicide Act 1961 decriminalised the act of suicide so that those who failed in the attempt would no longer be prosecuted. ... For mercy killings not performed on humans, see Animal euthanasia. ... Anthony David (Tony) Bland (21 September 1970 - 3 March 1993) was a supporter of Liverpool football club injured in the Hillsborough disaster. ... The Bolam Test In Sidaway v Governors of Bethlem Royal Hospital, Lord Scarman said: The Bolam principle may be formulated as a rule that a doctor is not negligent if he acts in accordance with a practice accepted at the time as proper by a responsible body of medical opinion...

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). Deportation is the expelling of someone from a country. ...

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 Rights^[5]. The freedom of expression of Members of Parliament is encouraged and guaranteed by parliamentary privilege. A Member of Parliament, or MP, is a representative elected by the voters to a parliament. ... Parliamentary privilege, also known as absolute privilege, is a legal mechanism employed within the legislative bodies of countries whose constitutions are based on the Westminster system. ...

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). Public interest is a term used to denote political movements and organizations that are in the public interest—supporting general public and civic causes, in opposition of private and corporate ones (particularistic goals). ... Clive Ponting is a British writer and academic. ... This article is about the property of being confidential. For the magazine of the same name, see Confidential (magazine). ... Slander and Libel redirect here. ... Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ... The Press Complaints Commission is a British organisation that has regulated printed newspapers and magazines since 1990. ... Ofcom is a regulator for communication industries in the United Kingdom. ...

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 thought (also called freedom of conscience) is the freedom of an individual to hold a viewpoint, or thought, regardless of anyone elses view. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ...

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 ""[e]veryone [..] to meet and assemble with his fellows to discuss their affairs and to promote their views"^[6]. However, as noted by Lord Bingham^[7], 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 "[a]t 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".^[8] 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. ... Alfred Thompson Denning, Baron Denning (23 January 1899–6 March 1999) was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales) and was generally well liked, both within the legal profession and outside it. ...

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."^[9] 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 uniforms 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 (TULR(C)A 1992). 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. ... In law, the affray is the fighting of two or more persons in a public place to the terror (in French: Ã leffroi) of the lieges. ... Teamsters, armed with pipes, riot in a clash with riot police in the Minneapolis Teamsters Strike of 1934. ... Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. ... The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and violence: Section 1: Riot Section 2: Violent Disorder Section 3: Affray Section 4: Fear or Provocation of Violence Section 4a: Intentional Harassment, Alarm or Distress Section 5: Harassment, Alarm or Distress... The Public Order Act 1936 is the name of the UK law passed by the government to control extremist political movements in the 1930s such as the British Union of Fascists. ... A number of political movements have involved their members wearing uniforms, typically as a way of showing their identity in marches. ... The Serious Organised Crime and Police Act 2005 (SOCPA) (2005 c. ... For other uses, see Parliament Square (disambiguation). ... The Criminal Justice and Public Order Act 1994 was an act of parliament brought into law by the Parliament of the United Kingdom. ... Employees of the BBC form a picket line during a strike in May 2005. ... The Trade Union and Labour Relations (Consolidation) Act 1992 is a UK Act of Parliament which regulates the operation of trade unions and industrial action, and governs relations between employers and unions. ...

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.^[10] 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 trespass, 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 (CLA 1977 and the Protection from Eviction Act 1977) or to intentionally harass a person (POA 1986). A person's right to communicate privately is also protected to a certain degree (RIPA), as is his or her right of access to personal information (DPA 1998). The right to a private life, mentioned below, also links in with this right. The right to privacy is a purported human right and an element of various legal traditions which may restrain both government and private party action. ... â€œUnlawful entryâ€ redirects here. ... This page deals with harassment in terms of UK law. ... Slander and Libel redirect here. ... Nuisance is a common law tort. ... A malicious falsehood is a lie that was uttered with malice, IE. the utterer knew it was false or would cause damage or harm. ... The Criminal Law Act 1977 (c. ... The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and violence: Section 1: Riot Section 2: Violent Disorder Section 3: Affray Section 4: Fear or Provocation of Violence Section 4a: Intentional Harassment, Alarm or Distress Section 5: Harassment, Alarm or Distress... Regulation of Investigatory Powers Act 2000 (RIP or RIPA) is a United Kingdom law covering the interception of communications. ... The Data Protection Act 1984 is a British Act of Parliament that provides a legal basis for the privacy and protection of data of UK citizens and businesses. ...

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^[11], 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.^[12] For the 1998 movie, see Celebrity (1998 movie). ... The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. ... Naomi Campbell (born May 22, 1970) is an English supermodel, actress, singer, and author. ... This article is about the 12-step program of Narcotics Anonymous (NA). ... For other people bearing this name, see Michael Douglas (disambiguation) Michael Kirk Douglas (born September 25, 1944) is an American actor and producer, primarily in movies and television. ... Catherine Zeta-Jones (born 25 September 1969) is an Academy Award-winning Welsh actress based in the United States. ... For other uses, see Hello (disambiguation). ... OK! is a British weekly magazine, specialising in celebrity news. ... Leonard Hubert Lenny Hoffmann, Baron Hoffmann, PC (è³€è¼”æ˜Žå‹³çˆµ) (born 1934 in Cape Town, South Africa) is a senior British judge, serving as a Lord of Appeal in Ordinary. ...

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 1984, 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 authorised 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. The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ... Stop and Search is a police power in England and Wales, allowing police officers to search members of the public for weapons, drugs, stolen property, terrorism-related evidence or evidence of other crimes. ... A justice of the peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. ... The Criminal Justice and Public Order Act 1994 was an act of parliament brought into law by the Parliament of the United Kingdom. ...

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. In British and British-derived legal systems, an Anton Piller order (frequently misspelt as Anton Pillar order) is a court order which provides for the right to search premises without prior warning. ... For the 2006 film, see Intellectual Property (film). ...

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 OAPA 1861.^[13] Flogging demonstration at Folsom Street Fair 2004. ... The Offences Against the Person Act 1861 (OAP, 24 & 25 Victoria, Cap. ...

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^[14]; 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.^[15] Since its coinage, the word homosexuality has acquired multiple meanings. ... This article is about same-sex desire and sexuality among women. ...

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".^[16] 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. Leslie George Scarman, Baron Scarman, PC (29 July 1911 – 8 December 2004) was a Law Lord (retired) and a cross bench member of the British House of Lords. ... Walter Ian Reid Fraser, Baron Fraser of Tullybelton (3 February 1911 â€“ 1989) was a British judge. ... The Children Act 1989 is a British Act of Parliament that altered the law in regard to children. ...

Right to bodily integrity

The bodily integrity of an individual is protected by the criminal law (see OAPA 1861) and, in some circumstances, the civil law (see the tort of battery). The Offences Against the Person Act 1861 (OAP, 24 & 25 Victoria, Cap. ... At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i. ...

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 tort 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 PACE 1984). Not to be confused with torte, an iced cake. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ... For other uses, see Habeas corpus (disambiguation). ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ...

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 companies 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. Freedom of association is a Constitutional (legal) concept based on the premise that it is the right of free adults to mutually choose their associates for whatever purpose they see fit. ... The Companies Act 2006 (c. ... This article does not cite any references or sources. ... Charles James Fox as the biblical serpent tempting John Bull away from monarchy in this James Gillray satire of the Jacobin movement Freedom of contract is a natural law concept that individuals should be free to bargain over the terms of their own contracts without government interference. ... A political party is a political organization subscribing to a certain ideology or formed around very special issues. ...

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. British labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Britain. ... The Lawrence textile strike (1912), with soldiers surrounding peaceful demonstrators A trade union or labor union is an organization of workers who have banded together to achieve common goals in key areas of wages, hours, and working conditions. ... Unfair dismissal is the term used to describe an employers action when terminating an employees contract unfairly. ... Employment discrimination refers to employment practices that are prohibited by law such as bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. ... A Collective agreement is a labor contract between an employer and one or more unions. ...

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. Security measures taken to protect the Houses of Parliament in London, England. ... The Public Order Act 1936 is the name of the UK law passed by the government to control extremist political movements in the 1930s such as the British Union of Fascists. ... The Prevention of Terrorism Acts were a series of Acts of Parliament in the United Kingdom from 1974 to 1989, which conferred emergency powers upon police forces where they suspected terrorism. ...

Right to participate in government

The Representation of the People Act 1983 confers the right to vote on British citizens 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. The Representation of the People Act 1983 changed the British electoral process in the following ways: Amended the 1969 Representation of the People Act. ... Elections Part of the Politics series Politics Portal This box: Universal suffrage (also general suffrage or common suffrage) consists of the extension of the right to vote to all adults, without distinction as to race, sex, belief, intelligence, or economic or social status. ... The Commonwealth of Nations as of 2007 Headquarters Marlborough House, London, UK Official languages English Membership 53 sovereign states Leaders - Queen Elizabeth II - Secretary-General Kamalesh Sharma Appointed 24 November 2007 Establishment - Balfour Declaration 18 November 1926 - Statute of Westminster 11 December 1931 - London Declaration 28 April 1949 Area - Total... Elections Part of the Politics series Politics Portal This box: The secret ballot is a voting method in which a voters choices are confidential. ...

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. DPP). 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. In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... Woolmington v. ... Nullum crimen, nulla poena sine praevia lege poenali is a basic maxim in continental European legal thinking, authored by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Code in 1813. ... Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. ...

Right to property

Protection of the right to own and enjoy property is found in the criminal 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. English criminal law refers to the body of law in England and Wales which deals with crimes and their consequences. ... A young waif steals a pair of boots Stealing redirects here. ... In law, particularly in common law jurisdictions, intellectual property is a form of legal entitlement which allows its holder to control the use of certain intangible ideas and expressions. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... In law, eminent domain is the power of the state to appropriate private property for its own use without the owners consent. ...

Economic and social rights

The right to education is guaranteed by the Education Act 1944, 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 Education Act 1944 changed the education system for secondary schools in England and Wales. ... The National Minimum Wage Act 1998 was a flagship policy of the Labour Party in the UK during its 1997 election campaign and is still pronounced today in New Labour Party circulars as an outstanding gain for â€˜at least 1. ... The minimum wage is the minimum rate a worker can legally be paid (usually per hour) as opposed to wages that are determined by the forces of supply and demand in a free market. ... Social security primarily refers to social welfare service concerned with social protection, or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. ...

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 thusfar 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 is the term used to describe an employers action when terminating an employees contract unfairly. ...

Gender recognition

The Gender Recognition Act 2004 allows transsexual (or transgender) people to change their legal gender. The Gender Recognition Act 2004 is an Act of Parliament of the British Parliament which allows transsexual people to change their legal gender. ... A transsexual (sometimes transexual) person establishes a permanent identity with the opposite gender to their assigned (usually at birth) sex. ... A transgender woman at New York Citys gay pride parade Transgender (IPA: , from trans (Latin) and gender (English)) is a general term applied to a variety of individuals, behaviors, and groups involving tendencies that diverge from the normative gender role (woman or man) commonly, but not always, assigned at... Gender in common usage refers to the sexual distinction between male and female. ...

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 Movement" 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. The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... In European Union law, the Four Freedoms (sometimes the Four Liberties) are the free movement of goods, services, capital, and labour within the internal market of the European Union. ... Social security primarily refers to social welfare service concerned with social protection, or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. ...

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. The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. ... Established 1952, as the Common Assembly President Hans-Gert PÃ¶ttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) GÃ©rard Onesta (Greens â€“ EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel MartÃnez MartÃnez (PES) Luigi Cocilovo (ALDE) Mechtild... The European Ombudsman (or sometimes Euro-Ombudsman) is an ombudsman for the European Union. ...

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.^[3]

Legislation

European Convention on Human Rights

UK role

The UK played an important role in the drafting of the Convention, with figures such as Arthur Goodhart, John Foster QC 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. Arthur Lehman Goodhart, KBE, QC (1 March 1891, New York City - 10 November 1978, Oxford) was an American-born British jurist; he was professor of jurisprudence, University of Oxford, 1931-51. ... Brigadier Sir John Galway Foster (4 November 1904 â€“ 1 February 1982) was a British Conservative Party politician. ... Hersch Lauterpacht was judge of the International Court of Justice, 1955-60. ... Anthem Ode to Joy (orchestral) ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers official candidate Seat Strasbourg, France Membership 47 European states 5 observers (Council) 3 observers (Assembly) Leaders - Secretary General Terry Davis - President of the Parliamentary Assembly Rene van der Linden...

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. The European Movement is an international lobby association that coordinates the efforts of associations and private individuals desiring to work towards the construction of a united Europe. ... Churchill redirects here. ... Maurice Harold Macmillan, 1st Earl of Stockton, OM, PC (10 February 1894 â€“ 29 December 1986), was a British Conservative politician and Prime Minister of the United Kingdom from 1957 to 1963. ... David Patrick Maxwell Fyfe, 1st Earl of Kilmuir GCVO, PC, KC, (29 May 1900 â€“ 27 January 1967) was a British politician and jurist who became Lord Chancellor of Great Britain. ...

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. The Croix de Lorraine, the symbol of the resistance chosen by de Gaulle French Resistance is the name used for resistance movements during World War II which fought the Nazi German occupation of France and the collaborationist Vichy regime. ... Pierre-Henri Teitgen was born in Rennes on May 29th, 1908 and died on April, 6th 1997 in Paris . ... UN and U.N. redirect here. ... The Universal Declaration of Human Rights (abbreviated UDHR) is an advisory declaration adopted by the United Nations General Assembly (A/RES/217, 10 December 1948 at Palais de Chaillot, Paris). ... is the 344th day of the year (345th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by... The modern concept of Small Office and Home Office or SoHo , or Small or Home Office deals with the category of business which can be from 1 to 10 workers. ...

Ratification

There was grudging support for the Convention back in the UK where Attlee'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. Clement Richard Attlee, 1st Earl Attlee, KG, OM, CH, PC (3 January 1883 â€“ 8 October 1967) was Prime Minister of the United Kingdom from 1945 to 1951. ... The Labour Party is a political party in the United Kingdom. ... The Lord High Chancellor of Great Britain, or Lord Chancellor and prior to the Union the Chancellor of England and the Lord Chancellor of Scotland, is a senior and important functionary in the government of the United Kingdom, and its predecessor states. ... William Allen Jowitt, 1st Earl Jowitt (15 April 1885 - 16 August 1957), was a British lawyer and politician. ... The Secretary of State for the Colonies or Colonial Secretary was the British Cabinet official in charge of managing the various British colonies. ... James Jim Griffiths (1890-1975) was a Welsh Labour politician, the prime mover in the establishment of the Welsh Office. ... The Chancellor of the Exchequer is the title held by the British Cabinet minister responsible for all economic and financial matters. ... Rt Hon Sir Stafford Cripps Sir Richard Stafford Cripps (April 24, 1889 - April 21, 1952), British Labour politician, was born in London, the son of a Conservative member of the House of Commons who late in life, as Lord Parmoor, joined the Labour Party. ...

Nevertheless, the UK became the first state to sign the Convention on 8 March 1951, and the first to ratify it with effect from 23 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. is the 67th day of the year (68th in leap years) in the Gregorian calendar. ... Year 1951 (MCMLI) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar. ... is the 266th day of the year (267th in leap years) in the Gregorian calendar. ... January 7 - President Harry S. Truman announces the United States has developed a hydrogen bomb. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ...

Currently, over 45 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. In international law and international relations, a protocol is a treaty or international agreement that supplements a previous treaty or international agreement. ...

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 Conservative 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. The Conservative Party (officially the Conservative and Unionist Party) is currently the second largest political party in the United Kingdom in terms of sitting Members of Parliament (MPs), the largest in terms of public membership, and the oldest political party in the United Kingdom. ... Terence Langley Higgins, Baron Higgins (1928-) is a British Conservative politician. ... James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, PC (11 March 1916 â€“ 24 May 1995) was one of the most prominent British politicians of the 20th century. ... Arnold Duncan McNair, 1st Baron McNair, CBE, KC, LLD, FBA (March 4, 1885-May 22, 1975), was a British legal scholar, university teacher and judge. ...

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. Type Lower House Speaker Michael Martin, (Non-affiliated) since October 23, 2000 Leader Harriet Harman, (Labour) since June 28, 2007 Shadow Leader Theresa May, (Conservative) since May 5, 2005 Members 659 Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn FÃ©in... is the 14th day of the year in the Gregorian calendar. ... Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ... The Burmah Oil Company was founded in Glasgow, Scotland in 1896 by David Sime Cargill to develop oil interests on the Indian subcontinent. ... Mushroom cloud from the nuclear explosion over Nagasaki rising 18 km into the air. ... Burmah Oil Company Ltd. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ...

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 Jenkins 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. Leslie George Scarman, Baron Scarman, PC (29 July 1911 – 8 December 2004) was a Law Lord (retired) and a cross bench member of the British House of Lords. ... Roy Harris Jenkins, Baron Jenkins of Hillhead, OM, PC (November 11, 1920 â€“ January 5, 2003) was a British politician and a prominent Labour Member of Parliament in the 1960s and 1970s, and founding member of the Social Democratic Party (SDP). ... This article is about the British House of Lords. ... A Select Committee is a committee made up of a small number of parliamentary members appointed to deal with particular areas or issues originating in the Westminster System of parliamentary democracy. ... A bill is a proposed new law introduced within a legislature that has not been ratified, adopted, or received assent. ... Alan Beith The Right Honourable Alan James Beith April 20, 1943) British politician, and the Liberal Democrat Member of Parliament for Berwick-upon-Tweed. ... A second reading is the state of the legislative process where a draft of a bill is read a second time. ... Derek Colclough Walker-Smith, Baron Broxbourne PC TD (13 April 1910 - 22 January 1992) was a Conservative politician. ...

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. Charter88 is a British pressure group that advocates constitutional and electoral reform and owes its origins to the lack of a written constitution in the United Kingdom. ... For other uses, see Liberty (disambiguation). ... The Institute for Public Policy Research is a think tank in the United Kingdom, with close links to the ruling Labour Party. ... In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... Gerald Austin Gardiner, Baron Gardiner of Kittisford in the County of Somerset, PC KC (30 May 1900-7 January 1990) was Lord Chancellor from 1964 to 1970 and during that time he introduced into British law as many reforms as any Lord Chancellor had done before or since. ... Quintin McGarel Hogg, Baron Hailsham of St Marylebone (October 9, 1907 - October 12, 2001), formerly 2nd Viscount Hailsham (1950 - 1963), was a British Conservative politician. ... Peter Murray Taylor, Baron Taylor of Gosforth PC (May 1, 1930 - April 28, 1997) was the Lord Chief Justice of England and Wales from 1992 until his premature retirement due to poor health in 1996. ... The Law Society of England and Wales is the professional association that represents the solicitors profession in England and Wales. ... A bar council in a Commonwealth country is a professional body that regulates the profession of barristers together with the Inns of Court. ... The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is responsible for internal affairs in England and Wales, and for immigration and citizenship for the whole United Kingdom (including Scotland and Northern Ireland). ... Sir Leon Brittan, Rt. ...

"Bringing Rights Home"

The Labour Party 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. The Labour Party is a political party in the United Kingdom. ... John Smith QC (September 13, 1938 â€“ May 12, 1994) was a British politician who served as leader of the Labour Party from July 1992 until his sudden and unexpected death from a heart attack on 12 May 1994. ... is the 60th day of the year (61st in leap years) in the Gregorian calendar. ... Year 1993 (MCMXCIII) was a common year starting on Friday (link will display full 1993 Gregorian calendar). ... The Labour Party Conference, or annual national conference of the Labour Party, is formally the supreme decision-making body of the Party. ...

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. Anthony Paul Lester, Lord Lester of Herne Hill, QC (born July 3, 1936) is a British politician and member of the House of Lords, and a member of the Liberal Democrats. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... â€œSovereignâ€ redirects here. ... The Conservative Party (officially the Conservative and Unionist Party) is currently the second largest political party in the United Kingdom in terms of sitting Members of Parliament (MPs), the largest in terms of public membership, and the oldest political party in the United Kingdom. ...

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. is the 352nd day of the year (353rd in leap years) in the Gregorian calendar. ... Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... For other uses, see Jack Straw (disambiguation). ... This article is about the day. ... The Liberal Democrats, often shortened to Lib Dems, is a liberal political party in the United Kingdom formed in 1988 by the merger of the Liberal Party and the Social Democratic Party; the two parties had already been in an alliance for seven years prior to this, since not long... Robert Finlayson Cook (28 February 1946 â€“ 6 August 2005) was a politician in the British Labour Party. ... Robert Adam Ross Maclennan, Baron Maclennan of Rogart, PC (born June 26, 1936), educated at Balliol College, Oxford, is a British Liberal Democrat politician. ...

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 backbenchers rebelled against the party line, most notably Lord Renton and Lord Windlesham. For other people of the same name, see Tony Blair (disambiguation) Anthony Charles Lynton Blair (born May 6, 1953)[1] is the Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service, Leader of the Labour Party, and Member of Parliament for the constituency... A white paper is an authoritative report. ... A cross-bencher is a member of the British House of Lords who is not aligned to any particular party. ... Richard Orme Wilberforce (March 11, 1907 â€” February 15, 2003) â€“ popularly known as Lord Wilberforce â€“ was a Law Lord in the House of Lords from 1964 to 1982. ... Desmond James Conrad Ackner, Baron Ackner, PC, QC (18 September 1920 â€“ 21 March 2006) was a British judge and Lord of Appeal in Ordinary. ... The Right Honourable Robin Brunskill Cooke, Baron Cooke of Thorndon of Wellington in New Zealand and of Cambridge in the County of Cambridgeshire. ... 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. ... David Lockhart-Mure Renton, Baron Renton, KBE, QC, TD, DL, PC (12 August 1908 â€“ 24 May 2007) was a British politician. ... The Right Honourable Sir David James George Hennessy, 3rd Baron Windlesham, Bt, CVO, PC (born 28 January 1932) is a Conservative politician in the United Kingdom, and currently holds visiting professorships at various universities. ...

The bill successfully negotiated the Commons and the Lords as the "Human Rights Act 1998" and entered into force on 2 October 2000. The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... is the 275th day of the year (276th in leap years) in the Gregorian calendar. ... Year 2000 (MM) was a leap year starting on Saturday (link will display full 2000 Gregorian calendar). ...

Human Rights Act 1998

Main Article: Human Rights Act 1998 The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ...

The Act seeks to give direct effect to the European Convention on Human Rights 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 horizontal effect, i.e. it cannot be invoked in disputes between private parties. â€œECHRâ€ redirects here. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...

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, in sofar 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. An Act of Parliament or Act is law enacted by the parliament (see legislation). ...

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".^[1] 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.^[18] 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^[2] and by both opposition and government politicians.^[19] The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... Learco Chindamo, an Italian national resident in the United Kingdom, was convicted in 1996 of the murder of school headmaster Philip Lawrence. ... Philip Ambrose Lawrence (21 August 1947â€“8 December 1995) 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. ... For the Canadian ice hockey player, see Dave Cameron. ... The Labour Party is a centre-left political party in the United Kingdom (see British politics), and one of the United Kingdoms three main political parties. ... For other people of the same name, see Tony Blair (disambiguation) Anthony Charles Lynton Blair (born May 6, 1953)[1] is the Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service, Leader of the Labour Party, and Member of Parliament for the constituency... Flying machine redirects here. ...

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 Campbell 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). Naomi Campbell (born May 22, 1970) is an English supermodel, actress, singer, and author. ... Sara Cox (born 13 December 1974), affectionately known as Coxy, is an English TV Presenter and Radio DJ. Her most prestigious role was that of presenting the breakfast show on BBC Radio 1 from 2000 to 2003. ...

Security legislation

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 Army (PIRA) in Northern Ireland and Great Britain. Included in these measures, the government curtailed the civil liberties - and arguably the human rights - of some interned PIRA suspects. The Ministry of Defence stated "moderate physical pressure" was applied to the men. The European Court of Human Rights ruled that this constituted "cruel and inhuman treatment", but fell short of torture in a landmark 1978 case [1]. The 1970s decade refers to the years from 1970 to 1979, also called The Seventies. ... The 1980s refers to the years from 1980 to 1989. ... The United Kingdom is a unitary state and a democratic constitutional monarchy. ... The Provisional Irish Republican Army (Irish: Ã“glaigh na hÃ‰ireann) (IRA; also referred to as the PIRA, the Provos, or by some of its supporters as the Army or the RA.[2]) is an Irish Republican, left wing[3] paramilitary organisation that, until the Belfast Agreement, sought to end Northern... Northern Ireland (Irish: , Ulster Scots: Norlin Airlann) is a constituent country of the United Kingdom lying in the northeast of the island of Ireland, covering 5,459 square miles (14,139 kmÂ², about a sixth of the islands total area). ... This article is about the usage and history of the terms concentration camp, internment camp and internment. ... The Ministry of Defence (MOD) is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by... For other uses, see Torture (disambiguation). ...

War on terrorism

Since 2001, the "War on Terrorism" has led to new human rights concerns. This article is about U.S. actions, and those of other states, after September 11 2001. ...

The most recent criticism has concerned the Prevention of Terrorism Act 2005, a response to a perceived increased threat of Islamic 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. 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 in A and Others v. Secretary of State for the Home Department (2004). The Prevention of Terrorism Act 2005 is a British Act of Parliament intended to deal with the Law Lords ruling of 16 December 2004, that the detention without trial of nine foreigners at HM Prison Belmarsh under Part IV of the Anti-terrorism, Crime and Security Act 2001 was unlawful... Islamism is a political ideology derived from the conservative religious views of Muslim fundamentalism. ... In justice and law, house arrest is the situation where a person is confined (by the authorities) to his or her residence. ... Terrorist redirects here. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... Her Majestys Prison Service is the British Executive Agency reporting to the Home Office tasked with managing most of the prisons within England and Wales (Scotland and Northern Ireland have their own Prison Services). ... HM Prison Belmarsh is a high security prison in the Thamesmead area of the London Borough of Greenwich in south-east London. ... 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 September 11, 2001 attacks on New York. ... A and others v. ...

Both the above Acts have been criticised for the lack of parliamentary discussion; the Anti-terrorism, Crime and Security Act went from introduction to Royal Assent in 32 days, the Prevention of Terrorism Act in 17. // The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ...

The Civil Contingencies Act 2004 has also been criticised as giving the government very wide-ranging power in an emergency. The Civil Contingencies Act 2004 is a United Kingdom Act of Parliament which gives the British government wide-ranging powers in an emergency. ...

On February 2, 2005, Parliament's Joint Committee on Human Rights also suggested that the proposed legislation on the British national identity card might contravene Article 8 of the European Convention (the right to respect for private life) and Article 14 (the right to non-discrimination) [2]. Enabling legislation for the British national identity card was passed under the Identity Cards Act 2006. ...

Internment

Main article: Internment This article is about the usage and history of the terms concentration camp, internment camp and internment. ...

Following the September 11, 2001 attacks, the Anti-Terrorism, Crime and Security Act 2001 was passed. 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 September 11, 2001 attacks on New York. ...

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. â€œECHRâ€ redirects here. ...

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. The Special Immigration Appeals Commission (also known by the acronym SIAC) is a superior court of record in the United Kingdom that deals with appeals from persons deported by the Secretary of State for the Home Department under various statutory powers. ...

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. The Prevention of Terrorism Act 2005 is a British Act of Parliament intended to deal with the Law Lords ruling of 16 December 2004, that the detention without trial of nine foreigners at HM Prison Belmarsh under Part IV of the Anti-terrorism, Crime and Security Act 2001 was unlawful...

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.^[4] 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."^[20] Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

Dudgeon v. ... A transsexual (sometimes transexual) person establishes a permanent identity with the opposite gender to their assigned (usually at birth) sex. ... Since its coinage, the word homosexuality has acquired multiple meanings. ... Heterosexuality is a sexual orientation characterized by esthetic attraction, romantic love or sexual desire exclusively for members of the opposite sex or gender, contrasted with homosexuality and distinguished from bisexuality and asexuality. ... Corporal punishment is the deliberate infliction of pain intended to change a persons behavior or to punish them. ... Telephone tapping or Wire tapping/ Wiretapping (in US) describes the monitoring of telephone conversations by a third party, often by covert means. ... The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is responsible for internal affairs in England and Wales, and for immigration and citizenship for the whole United Kingdom (including Scotland and Northern Ireland). ... In law and in religion, testimony is a solemn attestation as to the truth of a matter. ... Biography of Ernest Saunders Ernest Walter Saunders (born October 21, 1935) was a British business manager, best known as one of the Guinness Four. // He was born Ernest Walter Schleyer in Austria and moved to the United Kingdom in 1938 when his parents emigrated to escape Nazi rule. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... The Provisional Irish Republican Army (Irish: Ã“glaigh na hÃ‰ireann) (IRA; also referred to as the PIRA, the Provos, or by some of its supporters as the Army or the RA.[2]) is an Irish Republican, left wing[3] paramilitary organisation that, until the Belfast Agreement, sought to end Northern... Daniel Danny McCann ((Irish DÃ³nall Mac Cana), (b. ... The Sunday Times is the name of several Sunday newspapers. ... This article is about the drug. ... Spycatcher cover Spycatcher is a book by the former MI5 secret service operative and Assistant Director Peter Wright. ...

Human trafficking

There has been a growing awareness of human trafficking 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 Albanians who ‘trafficked’ a 16 year old Lithuanian girl and forced her into prostitution. [3] 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. ^[21]^[22]^[23] Trafficking in human beings (or human trafficking) involves the movement of people (mostly women and children) against their will by means of force for the purpose of sexual or labor exploitation. ... The modern concept of Small Office and Home Office or SoHo , or Small or Home Office deals with the category of business which can be from 1 to 10 workers. ... For other uses, see Human trafficking (disambiguation). ...

Human Rights Organisations

Wikimedia Commons has media related to: Amnesty international Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization which defines its mission as to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience... This article is about the concept of justice. ... The International Commission of Jurists (ICJ) is an international human rights non-government organisation. ... Liberty is a pressure group based in the United Kingdom. ... ARTICLE 19 is a human rights organisation with a specific mandate and focus on the defence and promotion of freedom of expression and freedom of information worldwide. ... The NO2ID coalition was formed in 2004 to campaign against the United Kingdom governments plans to introduce UK ID Cards and the associated National Identity Register. ...

Contents

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