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- Universal Declaration of Human Rights
- Individual liberty and the importance of the concept of the people
- Civil liberties
Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December General Assembly resolution A as a common standard of achievements for all peoples and all nations.
Universal Declaration of Human Rights
Civil liberties are guarantees and freedoms that liberal governments commit not to abridge, either by legislation or judicial interpretation , without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience , freedom of press , freedom of religion , freedom of expression , freedom of assembly , the right to security and liberty , freedom of speech , the right to privacy , the right to equal treatment under the law and due process , the right to a fair trial , and the right to life.
Other civil liberties include the right to own property , the right to defend oneself , and the right to bodily integrity. Many contemporary nations have a constitution , a bill of rights , or similar constitutional documents that enumerate and seek to guarantee civil liberties. Other nations 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.
The existence of some claimed civil liberties is a matter of dispute, as are the extent of most civil rights. Controversial examples include property rights , reproductive rights , and civil marriage. In authoritarian regimes in which government censorship impedes on perceived civil liberties, some civil liberty advocates argue for the use of anonymity tools to allow for free speech, privacy, and anonymity. 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.
The formal concept of civil liberties is often dated back to Magna Carta , an English legal charter agreed in which in turn was based on pre-existing documents, namely the Charter of Liberties. Taiwan, which is separated from China, has its own Constitution. The Fundamental Rights—embodied in Part III of the constitution—guarantee liberties such that all Indians can lead their lives in peace as citizens of India.
The six fundamental rights are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies. These include individual rights common to most liberal democracies , incorporated in the fundamental law of the land and are enforceable in a court of law. Violations of these rights result in punishments as prescribed in the Indian Penal Code , subject to discretion of the judiciary.
These rights are neither absolute nor immune from constitutional amendments. They have been aimed at overturning the inequalities of pre-independence social practices.
Specifically, they resulted in abolishment of un-touchability and prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They forbid human trafficking and unfree labour. They protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and administer their own educational institutions.
All people, irrespective of race, religion, caste or sex, have the right to approach the High Courts or the Supreme Court for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. In public interest, anyone can initiate litigation in the court on their behalf. This is known as " Public interest litigation ". The Fundamental Rights emphasize equality by guaranteeing to all citizens the access and use of public institutions and protections, irrespective of their background.
The rights to life and personal liberty apply for persons of any nationality, while others, such as the freedom of speech and expression are applicable only to the citizens of India including non-resident Indian citizens. Fundamental Rights primarily protect individuals from any arbitrary State actions, but some rights are enforceable against private individuals too. These provisions act as a check both on State action and actions of private individuals.
Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of national interest. In the Kesavananda Bharati vs. Often called the "Basic structure doctrine", this decision is widely regarded as an important part of Indian history. In the Maneka Gandhi v. Union of India case, the Supreme Court extended the doctrine's importance as superior to any parliamentary legislation.
According to the verdict, no act of parliament can be considered a law if it violated the basic structure of the constitution. This landmark guarantee of Fundamental Rights was regarded as a unique example of judicial independence in preserving the sanctity of Fundamental Rights.
The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures.
The President can, by order, suspend the constitutional written remedies as well. Rights and Duties of the People. Constitution prior to the Civil Rights Act of , and that is because it came into life during the Allied occupation of Japan. This constitution may have felt like a foreign imposition to the governing elites, but not to the ordinary people "who lacked faith in their discredited leaders and supported meaningful change.
The first Japanese attempt to a bill of rights was in the 19th century Meiji constitution , which took both the Prussian and British constitutions as basic models. People tend to view the bill of rights as a moral imperative and not as a judicial norm.
The people also tend to rely upon bureaucrats to remedy social problems, including even human rights violations, rather than the court. Despite the divergences between Japan's social culture and the Liberal Constitutionalism that it purports to have adopted, the country has moved toward closing the gap between the notion and the practice of the law.
The trend is more evident in the long term. Among several examples, the Diet bicameral legislature ratified the International Bill of Human Rights in and then it passed the Law for Equal Opportunity in Employment for Men and Women in , measures that were heralded as major steps toward a democratic and participatory society. On its official site , the Japanese government has identified various human rights problems.
Among these are child abuses e. Also, the government lists systematic problems with gender biases and the standard reference to sexual preferences for jobs and other functions in society.
Human rights organizations, national and foreign, expand the list to include human rights violations that relate to government policies, as in the case of daiyo kangoku system substitute prison and the methods of interrogating crime suspects. In , the U. Department of State released a report stating that Japan's human right record is showing signs of improvement.
Whilst Australia does not have an enshrined Bill of Rights or similar binding legal document, civil liberties are assumed as protected through a series of rules and conventions. The Constitution of Australia does offer very limited protection of rights:. Certain High Court interpretations of the Constitution have allowed for implied rights such as freedom of speech and the right to vote to be established, however others such as freedom of assembly and freedom of association are yet to be identified.
Within the past decade Australia has experienced increasing contention regarding its treatment of those seeking asylum. Although Australia is a signatory to the UN Refugee Convention , successive governments have demonstrated an increasing tightening of borders; particularly against those who seek passage via small water vessels.
The Abbott Government like its predecessors the Gillard and Howard Governments has encountered particular difficulty curbing asylum seekers via sea, increasingly identified as "illegal immigration".
The recent involvement of the Australian Navy in refugee rescue operations has many human rights groups such as Amnesty International concerned over the "militarisation" of treatment to the refugee and the issue of their human rights in Australia.
The current "turn-back" policy is particularly divisive, as it involves placing refugees in government lifeboats and turning them towards Indonesia. Despite opposition however, the Abbott government's response has so far seen a reduction in the number of potential refugees undertaking the hazardous cross to Australia, which is argued by the government as an indicator for its policy success. The European Convention on Human Rights , to which almost all European countries belong apart from Belarus , enumerates a number of civil liberties and is of varying constitutional force in different European states.
Following the Velvet Revolution , a constitutional overhaul took place in Czechoslovakia. In , the Charter of Fundamental Rights and Basic Freedoms was adopted, having the same legal standing as the Constitution. Constitution being No. France's Declaration of the Rights of Man and of the Citizen listed many civil liberties and is of constitutional force.
The German constitution , the "Grundgesetz" lit. To respect and protect it shall be the duty of all public authority. This procedure has shaped German law considerably over the years. Civil liberties in the United Kingdom date back to Magna Carta in and 17th century common law and statute law , such as the Petition of Right , the Habeas Corpus Act and the Bill of Rights Parts of these laws remain in statute today and are supplemented by other legislation and conventions that collectively form the uncodified Constitution of the United Kingdom.
In addition, the United Kingdom is a signatory to the European Convention on Human Rights which covers both human rights and civil liberties. In June the then Shadow Home Secretary David Davis resigned his parliamentary seat over what he described as the "erosion of civil liberties" by the then Labour government, and was re-elected on a civil liberties platform although he was not opposed by candidates of other major parties.
This was in reference to anti-terrorism laws and in particular the extension to pre-trial detention, that is perceived by many to be an infringement of habeas corpus established in Magna Carta. The Constitution of the Russian Federation guarantees in theory many of the same rights and civil liberties as the U. However, human rights groups like Amnesty International have warned that Vladimir Putin has seriously curtailed freedom of expression , freedom of assembly and freedom of association amidst growing authoritarianism.
However, the Charter does protect freedom of religion. The Charter also omits any mention of, or protection for, property. Human rights within the United States are often called civil rights , which are those rights, privileges and immunities held by all people, in distinction to political rights, which are the rights that inhere to those who are entitled to participate in elections, as candidates or voters. This distinction is less important now that Americans enjoy near universal suffrage , and civil liberties are now taken to include the political rights to vote and participate in elections.
Because Indian tribal governments retain sovereignty over tribal members, the U. Congress in enacted a law that essentially applies most of the protections of the Bill of Rights to tribal members, to be enforced mainly by tribal courts.
The act was passed by Congress to issue a public apology for those of Japanese ancestry who lost their property and liberty due to discriminatory actions by the United States Government during the internment period.
This act also provided many other benefits within various sectors of the government. Within the treasury it established a civil liberties public education fund. It also established a board of directors who is responsible for making disbursements from this fund. Finally, it required that all documents and records that are created or received by the commission be kept by the Archivist of the United States.
From Wikipedia, the free encyclopedia. Civil rights and freedoms that provide an individual specific rights. Claim rights and liberty rights Individual and group rights Natural rights and legal rights Negative and positive rights.
Civil and political Economic, social and cultural Three generations. Main article: Civil liberties in the People's Republic of China. Main article: Fundamental Rights in India. Main article: Human rights in Japan. Main article: Civil liberties in the United Kingdom. Main article: Civil liberties in the United States. Political science portal politics portal. Connecticut Law Review. British Library.
Individual liberty and the importance of the concept of the people
In this section you can find out about The Human Rights Act and the fundamental rights and freedoms that everyone in the UK is entitled to. The Human Rights Act sets out the fundamental rights and freedoms that everyone in the UK is entitled to. Each Article deals with a different right. For example, Article 1 says that states must secure the rights of the Convention in their own jurisdiction. This means they can take their case to court to seek a judgment.
This is part IV of a five part series, in addition to the Introduction. This law was a response to the political protest that engulfed Hong Kong through much of While aimed ostensibly at quelling a crisis, the new law has prompted deep disquiet both locally and internationally. The law stakes a sprawling claim to extraterritoriality: it applies to any individual committing the crimes it defines, even if they are not a Hong Kong permanent resident and are outside Hong Kong. In this regard, I will consider briefly how states and international institutions might respond to a measure that will, both formally and informally, have transnational effects on freedom of expression and association. This is part III of a five part series, in addition to the Introduction.
The convention met at Carson City on July 4, , and adjourned on July 28 of the same year. On the 1st Wednesday of September , the constitution was approved by the vote of the people of the Territory of Nevada, and on October 31, , President Lincoln proclaimed that the State of Nevada was admitted into the Union on an equal footing with the original states. The literal text of the original, signed copy of the constitution filed in the office of the secretary of state has been retained, unless it has been repealed or superseded by amendment. Where the original text has been amended or where a new provision has been added to the original constitution, the source of the amendment or addition is indicated in the source note immediately following the text of the amended or new section. Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada.
The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Since the global surveillance disclosures of , initiated by ex- NSA employee Edward Snowden , the right to privacy has been a subject of international debate. Some current debates around the right to privacy include whether privacy can co-exist with the current capabilities of intelligence agencies to access and analyze many details of an individual's life; whether or not the right to privacy is forfeited as part of the social contract to bolster defense against supposed terrorist threats; and whether threats of terrorism are a valid excuse to spy on the general population. Private sector actors can also threaten the right to privacy—particularly technology companies, such as Amazon , Apple , Facebook , Google , and Yahoo that use and collect personal data.
One hundred years after women gained suffrage 2 —and with a growing number of women in the workforce, holding elected office, and running for president—the time for a constitutional amendment explicitly guaranteeing equal rights regardless of sex is long overdue. Constitution could not be fully realized without an explicit, meaningful commitment to equality regardless of sex. Now, as women and people across the gender spectrum increasingly face mounting attacks on their rights and autonomy, the current push for the ERA is a continued reminder that empty rhetoric and half-measures claiming to support and empower them are entirely inadequate.
Но решил, что хочет от этого парня слишком многого. - Мне нужна кое-какая информация, - сказал. - Проваливал бы ты отсюда. - Я ищу одного человека.
- Он очень, очень полный. Ролдан сразу понял. Он хорошо запомнил это обрюзгшее лицо. Человек, к которому он направил Росио.
- Что он ищет? - Мгновение он испытывал неловкость, всматриваясь в экран, а потом принял решение.
Они сейчас здесь появятся. У нас нет времени, чтобы… - Никакая служба здесь не появится, Сьюзан. У нас столько времени, сколько. Сьюзан отказывалась понимать. Не появится.
Он опустил руку и отвернулся, а повернувшись к ней снова, увидел, что она смотрит куда-то поверх его плеча, на стену. Там, в темноте, ярко сияла клавиатура. Стратмор проследил за ее взглядом и нахмурился Он надеялся, что Сьюзан не заметит эту контрольную панель. Эта светящаяся клавиатура управляла его личным лифтом.