Civil liberties are guarantees and freedoms that governments commit not to abridge, either by
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
,
legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
, or
judicial interpretation, without
due process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
. Though the scope of the term differs between countries, civil liberties often include the
freedom of conscience,
freedom of press,
freedom of religion
Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...
,
freedom of expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
,
freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...
, the right to security and
liberty
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...
,
freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, the
right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy.
Since the globa ...
, the right to
equal treatment under the law and due process, the
right to a fair trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
, and the
right to life
The right to life is the belief that a human (or other animal) has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including: capital punishment, with some ...
. Other civil liberties include the
right to own property, the
right to defend oneself, and the right to
bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between
positive liberty
Positive liberty, or positive freedom, is the possession of the power and resources to act in the context of the structural limitations of the broader society which impacts a person's ability to act, as opposed to negative liberty, which is freed ...
/
positive rights and
negative liberty
Negative liberty, or negative freedom, is freedom from interference by other people. Negative liberty is primarily concerned with freedom from external restraint and contrasts with positive liberty (the possession of the power and resources to ...
/
negative rights.
Libertarians advocate for the negative liberty aspect of civil liberties, emphasizing
minimal government intervention in both personal and economic affairs. Influential advocates of this interpretation include
John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, politician and civil servant. One of the most influential thinkers in the history of liberalism and social liberalism, he contributed widely to s ...
, whose work ''
On Liberty'' argues for the protection of individual freedoms from government encroachment, and
Friedrich Hayek
Friedrich August von Hayek (8 May 1899 – 23 March 1992) was an Austrian-born British academic and philosopher. He is known for his contributions to political economy, political philosophy and intellectual history. Hayek shared the 1974 Nobe ...
, whose ''
The Road to Serfdom'' warns against the dangers of expanding state power.
Ayn Rand's ''
Atlas Shrugged'' and
Ron Paul's ''
The Revolution: A Manifesto'' further emphasize the importance of safeguarding personal autonomy and limiting government authority. These contributions have played a significant role in shaping the discourse on civil liberties and the appropriate scope of government.
Overview

Many contemporary nations have a
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
, 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
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
and the
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
. The existence of some claimed civil liberties is a matter of dispute, as are the extent of most
civil rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
. Controversial examples include
property rights
The right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their Possession (law), possessions. A general recognition of a right to private property is found more rarely ...
,
reproductive rights
Reproductive rights are legal rights and freedoms relating to human reproduction, reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive 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. The degree to which societies acknowledge civil liberties is affected by the influence of terrorism and war.
Whether the existence of
victimless crimes infringes upon civil liberties is also a matter of dispute. Another matter of debate is the suspension or alteration of certain civil liberties in times of
war or
state of emergency
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
, including whether and to what extent this should occur.
The formal concept of civil liberties is often dated back to
Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
, an English legal
charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...
agreed in 1215 which in turn was based on pre-existing documents, namely the
Charter of Liberties
The Charter of Liberties, also called the Coronation Charter, or Statutes of the Realm, was a written proclamation by Henry I of England, issued upon his accession to the throne in 1100. It sought to bind the King to certain laws regarding the t ...
.
Asia
China
The
Constitution of the People's Republic of China
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China (PRC). In September 1949, the first plenary session of the Chinese People's Political Consultative Conference adopted the Common Progr ...
(which applies only to
mainland China
"Mainland China", also referred to as "the Chinese mainland", is a Geopolitics, geopolitical term defined as the territory under direct administration of the People's Republic of China (PRC) in the aftermath of the Chinese Civil War. In addit ...
, not to
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
,
Macau
Macau or Macao is a special administrative regions of China, special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most List of countries and dependencies by p ...
, and
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
) especially its Fundamental Rights and Duties of Citizens, claims to protect many civil liberties. Taiwan, which is separated from mainland China, has its own Constitution.
Although the 1982 constitution guarantees civil liberties, the
Chinese government usually uses the "
subversion of state power" and "protection of
state secrets" clauses in their law system to imprison those who criticize the
Chinese Communist Party
The Communist Party of China (CPC), also translated into English as Chinese Communist Party (CCP), is the founding and One-party state, sole ruling party of the People's Republic of China (PRC). Founded in 1921, the CCP emerged victorious in the ...
(CCP) and the
state leaders.
India
The Fundamental Rightsembodied in Part III of the constitutionguarantee 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 the right to constitutional remedies.
[ Constitution of India-Part III Fundamental Rights.]
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 the discretion of the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. 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 the abolishment of untouchability and prohibited
discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
on the grounds of religion, race, caste, sex, or place of birth. They forbid
human trafficking
Human trafficking is the act of recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or coercion for the purpose of exploitation. This exploitation may include forced labor, sexual slavery, or oth ...
and
unfree labour
Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, or violence, including death or other forms o ...
. They protect the 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
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. In the public interest, anyone can initiate litigation in the court on their behalf. This is known as "
public interest litigation". High Court and Supreme Court judges can also act on their own on the basis of media reports.
The Fundamental Rights emphasize equality by guaranteeing all citizens access to and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply to persons of any nationality, while others, such as the freedom of speech and expression apply only to the
citizens of India (including
non-resident Indian citizens). The right to equality in matters of public employment cannot be conferred to
overseas citizens of India.
Fundamental Rights primarily protect individuals from any arbitrary State actions, but some rights are enforceable against private individuals too. For instance, the constitution abolishes untouchability and prohibits ''
begar''. These provisions act as a check both on State actions and the 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. State of Kerala'' case, the Supreme Court ruled that all provisions of the constitution, including Fundamental Rights can be amended. However, the Parliament cannot alter the basic structure of the constitution like secularism, democracy, federalism, and separation of powers. Often called the "Basic structure doctrine", this decision is widely regarded as an important part of Indian history. In the 1978 ''
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 violates 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 imposition of a
state of emergency
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
may lead to a temporary suspension of the rights conferred by Article 19 (including freedoms of speech, assembly and movement, etc.) to preserve national security and public order. The
President can, by order, suspend the constitutional written remedies as well.
Japan
Since 1947,
Japan
Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...
, a country with a
constitutional monarchy
Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. ...
and known for its socially "conservative society where change is gradual," has a
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
with a seemingly strong bill of rights at its core (
Chapter III. Rights and Duties of the People). In many ways, it resembles the
U.S. Constitution prior to the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
, 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." In the abstract, the constitution strives to secure fundamental individual liberties and rights, which are covered pointedly in articles 10 to 40. Most salient of the human dignity articles is article 25, section 1, which guarantees that all
"People shall have the right to maintain the minimum standards of wholesome and cultured living."
Despite the adoption of this liberal constitution, often referred as the "Postwar Constitution" (戦後憲法, Sengo-Kenpō) or the "Peace Constitution" (平和憲法, Heiwa-Kenpō), the Japanese governing elites have struggled to usher in an inclusive, open and
Pluralist society. Even after the end of
World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
and the departure of the
Allied government of occupation in 1952, Japan has been the target of international criticism for failing to admit to
war crimes
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hos ...
,
institutional religious discrimination and maintaining a weak
freedom of the press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...
, the treatment of children, minorities, foreigners, and women, its punitive criminal justice system, and more recently, the systematic bias against
LGBT
LGBTQ people are individuals who are lesbian, gay, bisexual, transgender, queer, or questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, asexual, aromantic, agender, and other individuals. The gro ...
people.
The first Japanese attempt to a bill of rights was in the 19th century
Meiji constitution
The Constitution of the Empire of Japan ( Kyūjitai: ; Shinjitai: , ), known informally as the Meiji Constitution (, ''Meiji Kenpō''), was the constitution of the Empire of Japan which was proclaimed on February 11, 1889, and remained in ...
(1890), which took both the
Prussian (1850) and
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories and Crown Dependencies.
* British national identity, the characteristics of British people and culture ...
constitutions as basic models. However, it had but a meagre influence in the practice of the rule of law as well as in people's daily lives. So, the short and deliberately gradual history of struggles for personal rights and protection against government/society's impositions has yet to transform Japan into a champion of universal and individual freedom. According to constitutional scholar,
Shigenori Matsui,
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
The International Bill of Human Rights was the name given tUN General Assembly Resolution 217 (III)and two international treaties established by the United Nations. It consists of the Universal Declaration of Human Rights (adopted in 1948), the In ...
in 1979 and then it passed the Law for Equal Opportunity in Employment for Men and Women in 1985, measures that were heralded as major steps toward a democratic and participatory society. In 2015, moreover, it reached an agreement with
Korea
Korea is a peninsular region in East Asia consisting of the Korean Peninsula, Jeju Island, and smaller islands. Since the end of World War II in 1945, it has been politically Division of Korea, divided at or near the 38th parallel north, 3 ...
to compensate for abuses related to the so-called "
women of comfort" that took place during the
Japanese occupation of the
peninsula
A peninsula is a landform that extends from a mainland and is only connected to land on one side. Peninsulas exist on each continent. The largest peninsula in the world is the Arabian Peninsula.
Etymology
The word ''peninsula'' derives , . T ...
. However, human rights group, and families of the survivors condemned the agreement as patronizing and insulting.
On its officia
site the Japanese government has identified various human rights problems. Among these are child abuses (e.g.,
bullying
Bullying is the use of force, coercion, Suffering, hurtful teasing, comments, or threats, in order to abuse, aggression, aggressively wikt:domination, dominate, or intimidate one or more others. The behavior is often repeated and habitual. On ...
,
corporal punishment
A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on Minor (law), minors, especially in home and school settings, its methods may include spanking or Padd ...
,
child sexual abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in Human sexual activity, sexual activit ...
,
child prostitution
Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent.
In most jurisdictions, child ...
, and
child pornography
Child pornography (also abbreviated as CP, also called child porn or kiddie porn, and child sexual abuse material, known by the acronym CSAM (underscoring that children can not be deemed willing participants under law)), is Eroticism, erotic ma ...
), frequent neglect and ill-treatment of
elderly persons and individuals with
disabilities
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physica ...
,
Dowa claims (discrimination against the
Burakumin),
Ainu people
The Ainu are an Indigenous peoples, indigenous ethnic group who reside in northern Japan and southeastern Russia, including Hokkaido and the Tōhoku region of Honshu, as well as the land surrounding the Sea of Okhotsk, such as Sakhalin, the Ku ...
(indigenous people in Japan), foreign nationals,
HIV/AIDS carriers,
Hansen's disease patients, persons released from prison after serving their sentence,
crime victims, people whose
human rights are violated using the Internet, the homeless, individuals with
gender identity disorders, and
women
A woman is an adult female human. Before adulthood, a female child or adolescent is referred to as a girl.
Typically, women are of the female sex and inherit a pair of X chromosomes, one from each parent, and women with functional u ...
. 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. The effort of these agencies and ordinary people seem to pay off. In 2016, the U.S. Department of State released a report stating that Japan's human right record is showing signs of improvement.
Australia
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. Australia had primary involvement in and was a key signatory to the UN Universal Declaration on Human Rights (1948)
The
Constitution of Australia
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, ...
(1900) does offer very limited protection of rights:
* the right to freedom of religion and;
* the right to freedom from discrimination based on out-of-state residence (historical prejudice based upon residence within one state affecting treatment within another)
Certain High Court interpretations of the Constitution have allowed for implied rights such as freedom of political communication (which is construed broadly) and the right to vote to be established, however, others such as freedom of assembly and freedom of association are yet to be identified.
Refugee issues
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 (1951), successive governments have demonstrated an increasing tightening of borders; particularly against those who seek passage via small water vessels.
The Abbott Government (2013) 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 the treatment of refugees 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 of its policy success.
Europe
European Convention on Human Rights
The
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, to which almost all European countries belong (apart from
Belarus
Belarus, officially the Republic of Belarus, is a landlocked country in Eastern Europe. It is bordered by Russia to the east and northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Belarus spans an a ...
), enumerates a number of civil liberties and is of varying constitutional force in different European states.
Czech Republic
Following the
Velvet Revolution, a constitutional overhaul took place in
Czechoslovakia
Czechoslovakia ( ; Czech language, Czech and , ''Česko-Slovensko'') was a landlocked country in Central Europe, created in 1918, when it declared its independence from Austria-Hungary. In 1938, after the Munich Agreement, the Sudetenland beca ...
. In 1991, the
Charter of Fundamental Rights and Basic Freedoms was adopted, having the same legal standing as the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
. The Czech Republic has kept the Charter in its entirety following the
dissolution of Czechoslovakia
The dissolution of Czechoslovakia, which took effect on December 31, 1992, was the Self-determination, self-determined Partition (politics), partition of the federal republic of Fifth Czechoslovak Republic, Czechoslovakia into the independent ...
as Act No. 2/1993 Coll. (Constitution being No. 1).
France
France's 1789
Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen (), set by France's National Constituent Assembly in 1789, is a human and civil rights document from the French Revolution; the French title can be translated in the modern era as "Decl ...
listed many civil liberties and is of constitutional force.
Germany
The
German constitution, the "Grundgesetz" (lit. "Base Law"), starts with an elaborate listing of civil liberties and states in sec. 1 "The dignity of man is inviolable. To respect and protect it shall be the duty of all public authority." Following the "
Austrian System", the people have the right to appeal to the
Federal Constitutional Court of Germany ("Bundesverfassungsgericht") if they feel their civil rights are being violated. This procedure has shaped German law considerably over the years.
United Kingdom
Civil liberties in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
date back to
Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
in 1215 and 17th century
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and
statute law
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
, such as the 1628
Petition of Right, the
Habeas Corpus Act 1679 and the
Bill of Rights 1689
The Bill of Rights 1689 (sometimes known as the Bill of Rights 1688) is an Act of Parliament (United Kingdom), act of the Parliament of England that set out certain basic civil rights and changed the succession to the Monarchy of England, Engl ...
. 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
The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to Co ...
. In addition, the United Kingdom is a signatory to the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
which covers both
human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
and civil liberties. The
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
incorporates the great majority of Convention rights directly into UK law.
In June 2008 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
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' established in Magna Carta.
Russia
The
Constitution of the Russian Federation
The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections ...
guarantees in theory many of the same rights and civil liberties as the U.S. except to
bear arms
The right to keep and bear arms (often referred to as the right to bear arms) is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as ...
, i.e.: freedom of speech, freedom of religion, freedom of association and assembly, freedom to choose language, to due process, to a fair trial, privacy, freedom to vote, right for education, etc. However, human rights groups like
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
have warned that
Vladimir Putin
Vladimir Vladimirovich Putin (born 7 October 1952) is a Russian politician and former intelligence officer who has served as President of Russia since 2012, having previously served from 2000 to 2008. Putin also served as Prime Minister of Ru ...
has seriously curtailed
freedom of expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
,
freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...
and
freedom of association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...
amidst growing
authoritarianism
Authoritarianism is a political system characterized by the rejection of political plurality, the use of strong central power to preserve the political ''status quo'', and reductions in democracy, separation of powers, civil liberties, and ...
.
North America
Canada
The
Constitution of Canada includes the
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...
which guarantees many of the same rights as the U.S. Constitution. The Charter omits any mention of, or protection for, property.
Mexico
The
Constitution of Mexico was ratified on February 5, 1917. Similar to the U.S. Constitution, the United Mexican States provides all citizens the right to freedom of expression, but this right is not absolute (for example,
child pornography
Child pornography (also abbreviated as CP, also called child porn or kiddie porn, and child sexual abuse material, known by the acronym CSAM (underscoring that children can not be deemed willing participants under law)), is Eroticism, erotic ma ...
,
death threats
A death threat is a threat, often made Anonymity, anonymously, by one person or a group of people to kill another person or group of people. These threats are often designed to intimidate victims in order to Psychological manipulation, manipulat ...
, and
defamation
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
are exceptions to freedom of speech, and offenders can be subject to penalties). However, unlike the United States and Canada, Mexico has stricter limits on citizenship. For example, only people born in
Mexico
Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
may take roles in law enforcement, legislating, or enlist in the armed forces. It also states each person born in Mexico cannot be deprived of their citizenship status.
United States
The
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
, especially its
Bill of Rights, protects civil liberties. The passage of the
Fourteenth Amendment further protected civil liberties by introducing the
Privileges or Immunities Clause
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution.
Along with the rest of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment, this clause became part of the C ...
,
Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...
, and
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
. Human rights within the United States are often called
civil rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
, 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. Before universal suffrage, this distinction was important, since many people were ineligible to vote but still were considered to have the fundamental freedoms derived from the rights to life, liberty and the pursuit of happiness. This distinction is less important now that Americans enjoy near
universal suffrage
Universal suffrage or universal franchise ensures the right to vote for as many people bound by a government's laws as possible, as supported by the " one person, one vote" principle. For many, the term universal suffrage assumes the exclusion ...
, and civil rights are now taken to include the political rights to vote and participate in elections, being furthermore classified with civil liberties in general as either
positive rights or negative rights. Because Native American tribal governments retain sovereignty over tribal members, the U.S. Congress in 1968 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
Civil Liberties Act of 1988 was signed into effect by President
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
on August 10, 1988. 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 directed the Attorney General to identify and locate each individual affected by this act and to pay them $20,000 from the 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.
See also
*
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
*
Canadian Civil Liberties Association
*
Civil and political rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
*
Civil libertarianism
*
Drug liberalization
*
Equality and Human Rights Commission
*
Fundamental freedoms
*
Human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
*
Libertarianism
Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according t ...
*
Liberalism
Liberalism is a Political philosophy, political and moral philosophy based on the Individual rights, rights of the individual, liberty, consent of the governed, political equality, the right to private property, and equality before the law. ...
*
Liberty (pressure group)
*
List of civil rights leaders
*
Privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.
The domain of privacy partially overlaps with security, which can include the concepts of a ...
*
Proactive policing
*
Rule according to higher law
The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accordin ...
*
Rutherford Institute
*
State of World Liberty Index
*
Statewatch
*
Teaching for social justice
Notes and references
Further reading
*
Dershowitz, Alan"Preserving Civil Liberties."''Reflections on the Fractured Landscape'', spec. sec. of ''
Chronicle of Higher Education
''The Chronicle of Higher Education'' is an American newspaper and website that presents news, information, and jobs for college and university faculty and student affairs professionals, including staff members and administrators. A subscriptio ...
'', ''Chronicle Review'', September 28, 2001. Accessed August 11, 2006.
*
Smith, Jean Edward, and Herbert M. Levine. ''Civil Liberties and Civil Rights Debated''. Englewood Cliffs, NJ: Prentice Hall, 1988.
External links
Court cases involving Civil Liberties held at the National Archives at Atlanta(archived 29 December 2006)
USDOJ: Privacy and Civil Liberties Office
{{DEFAULTSORT:Civil Liberties
Individualism
cs:Občanské svobody