Civil Rights and Civil Liberties I INTRODUCTION Civil Rights and Civil Liberties, aspects of the relationship between

the sovereign State and the individual citi en concerning the libert! and "ustice that a citi en e#pects, or is entitled to e#pect$ The ter%s have no precise %eaning in law& the! are often used to %ean the sa%e thing, although, %ore accuratel!, civil rights %a! be said to be positive, while civil liberties are negative in operation$ 'ositive civil rights cover those duties that the State has to protect its citi ens& to guarantee e(ual protection under the law, and e(ual opportunit! to e#ercise the privileges of citi enship) generall!, to guarantee participation full! in national life, regardless of characteristics such as race, religion, or gender$ *hat is considered relevant for these purposes has changed with ti%e and is often controversial$ Civil liberties are often seen as negative rights, on the other hand, because the! set the li%its of the State+s interference with the lives of citi ens$ So%e of the basic guarantees of civil liberties are the right to freedo% of speech and religion, and the guarantee that due process of law will be observed$ Civil rights pro%ote e(ualit! and civil liberties pro%ote libert!) the concepts interact and so%eti%es conflict, and societ! see,s to find a balance between the freedo% of the individual, and the right not to have one+s freedo% infringed b! others abusing that freedo%$ II -ISTOR. The concept of inalienable rights and liberties was first articulated b! the ancient /ree, philosophers$ Socrates was found guilt! of corrupting the !outh of 0thens through spea,ing his %ind$ -e refused to renounce this e#ercise of freedo% of speech and was conde%ned to death$ 0ristotle, in his ethics, presupposed ele%ents of what are now basic rights$ This was also the case in parts of the 1ible, as well as in the philosophical writings of the Ro%an law!er and states%an Cicero and the /ree, biographer 'lutarch$ The Stoic philosophers later for%ulated an e#plicit doctrine of the rights of the individual$ Conversel!, the autocratic and at ti%es brutal nature of the Ro%an 2%pire did not provide a fertile ground for these concepts$ Si%ilarl!, during the %edieval period, the hierarchical feudal societies did not entertain such concepts$ -owever, the theories of St Tho%as 0(uinas, in his atte%pt to reconcile Christian doctrine with the pre3 Christian learning, de%and the ac,nowledge%ent of so%e basic rights, and he for%ulated what was perhaps the first "ustification for civil disobedience, that is, brea,ing the law to highlight its in"ustice$ III 20RL. D242LO'52NT The feudal s!ste%+s refusal to ac,nowledge a source of authorit! be!ond the co%%ands of superiors %eant that civil rights had no %eaning) individual freedo% can onl! survive if appeal can be %ade to a legal s!ste% that binds both the ruler and the ruled$ This li%itation on govern%ent received its first operative e#pression in the 5agna Carta of 6768 9see below:, which set li%its on the power of ;ing <ohn$ 5agna Carta was not born of de%ocratic or egalitarian beliefs, or fro% an! abstract concept of hu%an rights) it was a treat!, al%ost a contract, between the ,ing and the %ost powerful nobles$ It defined the relationship between the% and established a legal order to which the ,ing was sub"ect$ In its ter%s it would appear to be universal, but it is doubtful whether it was of %uch benefit to the ordinar! people, who were often sub"ect to the arbitrar! co%%and of the ver! nobles who had forced the charter on the ,ing$

2ven in the %ore e#alted levels of societ!, the idea of rule b! a ,ing+s divine right, above hu%an law, persisted, and led to fierce struggles between Crown and 'arlia%ent during the Tudor and Stuart d!nasties$ On the 2uropean continent, the struggle between authoritarianis% and libert! developed %ore around religious issues$ During the Refor%ation, freedo% of religious belief and practice was a pri%ar! concern$ Tolerance was rare& as late as 6=67 %e%bers of the Unitarian sect were burned in 2ngland for their heres!$ The In(uisition in Spain has beco%e a b!word for savage intolerance$ Onl! b! the end of the 6>th centur! was the ideal of religious toleration fir%l! established in *estern civili ation$ 0s a result of the 2nglish, 0%erican, and ?rench revolutions, libertarian ideals were e%bodied to a greater or lesser e#tent in the structure of govern%ent$ In 2ngland the struggle between 'arlia%ent 9not a de%ocratic institution in the %odern sense: and the Stuart %onarch! saw an inconclusive deposition and restoration of the %onarch!, and finall! the successful /lorious Revolution of 6=>> 9so called because it was carried out without bloodshed in 2ngland:$ The last Stuart ,ing, <a%es II, was e#pelled, having tried to resurrect the %onarch+s absolute power in his religious dissent fro% the national Church$ -e was replaced b! *illia% and 5ar!, who assented to the 1ill of Rights of the sa%e !ear$ This guaranteed constitutional govern%ent and led, eventuall!, to the present3da! doctrine of the absolute supre%ac! of 'arlia%ent 9although this has recentl! been under pressure fro% develop%ents in the legislative powers of the 2uropean Union:, as the %onarch+s powers were graduall! li%ited b! statute and custo%$ The s!ste% of constitutional %onarch! was articulated b! the conte%porar! 2nglish philosopher <ohn Loc,e, and his writings profoundl! influenced the leaders of the 0%erican colonies and other libertarians over the following centur!$ The 6@th and 6>th centuries also witnessed the growth of freedo% of the individual in 2ngland$ In the co%%on law courts, in particular, "udges beca%e %ore concerned for the rights of those accused of cri%e, and procedural fairness beca%e a priorit! in cri%inal and civil law$ I4 T-2 S'R20D O? CI4IL LI12RTI2S 1ritish colonists brought the concepts of li%ited govern%ent and individual freedo% to the New *orld& the first colonists were refugees fro% religious persecution$ The earl! laws of the first states reflected interest in the refor% of cri%inal procedure developing in 2ngland$ The 0%erican, and subse(uentl! the ?rench, revolutions both inspired and were inspired b! writings that laid the foundations of %odern ideas of civil liberties$ Notable authors of the ti%e were the ?rench philosophers 4oltaire and <ean3<ac(ues Rousseau, the 1ritish refor%er <ohn *il,es and philosopher <ere%! 1entha%, the 0nglo30%erican writer Tho%as 'aine, and the 0%erican states%an Tho%as <efferson$ The Declaration of the Rights of 5an and of the Citi en in ?rance and the 1ill of Rights in the United States Constitution for%all! set out libertarian principles that are central to %odern de%ocrac!$ 0lthough civil liberties are now considered an integral part of de%ocratic govern%ent, it would be a %ista,e to see this period as a de%ocratic one in a %odern sense$ These principles were developed when political power in 2ngland was in the hands of an aristocratic upper class and of a %ercantile class al%ost as s%all$ 5an! of the 0%erican founding fathers did not favour de%ocrac! in the %odern sense$ Conversel!, de%ocrac! as a %eans of deter%ining the co%position of govern%ent has historicall! been no guarantee of civil liberties& enforce%ent of

the law %a! be arbitrar! or despotic, and %inorities %a! have no effective safeguards against t!rann!$ 4 CI4IL RI/-TS IN T-2 UNIT2D ;IN/DO5 Civil rights and liberties in the United ;ingdo% are, al%ost uni(uel! in the world toda!, nowhere e%bodied in a co%prehensive written for%$ This lac, of a written constitution %eans that citi ens+ rights are found in %an! docu%ents, in "udge3%ade law, and %ost often in unwritten principles, or AconventionsB$ The %ost i%portant written docu%ents are 5agna Carta, whose %ost fa%ous clause guarantees a fair s!ste% of "ustice, or due process) and the 1ill of Rights, which established the supre%ac! of 'arlia%ent, and in a %odern de%ocrac! guarantees, for e#a%ple, that nobod! shall be ta#ed without representation$ Other written sources are statutes, such as the habeas corpus 0cts, which should prevent arbitrar! detention$ 1ritish "udges have %ade laws with the rights of the citi en in %ind$ In particular, the! have directed the law against an over3powerful govern%ent$ One of the ver! few occasions on which e#e%plar! da%ages 9that is, da%ages awarded in order to punish a wrongdoer: are available in 2nglish law is when the har% is the result of oppressive or arbitrar! action b! govern%ent officials$ <udges have also created laws that protect the citi en fro% decisions %ade unreasonabl! b! govern%ent bodies$ In the long ter%, the creation of a cri%inal law s!ste% that strives for procedural fairness is %ostl! "udicial wor,$ *ithin that field other hu%an rights are considered& "udges should alwa!s ai% to interpret a statute creating cri%inal offences in favour of the accused, and to ensure laws are not creating retrospective legislation, that is %a,ing an act punishable now that was not punishable when it was perfor%ed$ The protection that "udges afford the citi en wa#es and wanes, however, with "udicial fashion and the political cli%ate$ The! are also unable to %oderate when the! are faced with the clear intentions of 'arlia%ent$ Conventions provide a %ore wide3ranging source of rights$ Under this heading %ight be included the guiding principle of the 1ritish constitution, which has been used to e#plain wh! there is no co%prehensive list of rights& that is, ever!bod! is free to do what the! li,e, so long as it has not been prohibited$ *hether this is in fact true is a controversial (uestion$ Other %ore specific conventions protect such rights as the right not to have propert! confiscated without co%pensation) or the right to e(ual treat%ent, b! %a,ing ever!bod! sub"ect to the law of the land$ The content of these conventions is difficult to describe, since the! are infor%al$ ?or this reason the! provide uncertain protection$ These points have led to calls for a written 1ill of Rights that would clearl! set out the citi en+s basic rights$ The right to do what is not prohibited %a! be inade(uate if the prohibitions are easil! %ultiplied$ Such calls have been inhibited b! difficulties over what such a 1ill %ight contain& Asecond generationB rights, such as the right to health care or to a decent standard of living, have even been advocated, de%onstrating how close the issue of civil rights co%es to live political issues$ Nevertheless, all of the %a"or political parties in the United ;ingdo%, save the Conservative 'art!, support so%e sort of rights docu%ent$ 4I R2LI/IOUS ?R22DO5 5uch of the constitutional struggle in 2ngland cul%inating in the 6=th centur! was also a religious struggle$ The 'rotestant Church of 2ngland was, as it still is, part of the State, and a failure to confor% with it was considered at first seditious$ 0lthough attitudes beca%e %ore

tolerant, those who refused to swear an oath, which was inco%patible with Ro%an Catholicis% and %an! ?ree Church beliefs, were discri%inated against$ 'erhaps the %ost significant restriction was the need to swear the oath before being ad%itted to a universit!$ These rules were first alleviated in 6>7C, and soon no disabilities were applied to Christians of whatever deno%ination$ It is now possible for "ur! %e%bers to %a,e an affir%ation or swear an oath b! a different religion if the! do not wish to swear on the 1ible$ ?reedo% of religion is now fairl! well assured in the United ;ingdo%, with the e#ception perhaps of newl! established Churches that are seen to be potentiall! dangerous cults$ 0lso the establish%ent 9being part of the State: of the Church of 2ngland gives it a privilege denied to all other Churches and faiths& in particular, blasphe%! can onl! be co%%itted as an offence if it offends the doctrines of the Church of 2ngland$ 5an! 5usli%s clai%ed their religion was being treated as inferior when the boo, The Satanic 4erses b! Sal%an Rushdie was published in 6D>>) the! clai%ed it blasphe%ed against their religion, and that their rights were being ignored b! the law as the! were unable, under 2nglish law, to sue for blasphe%ous libel$ Si%ilarl!, religions newer to the United ;ingdo% %a! receive less official support$ 5an! publicl! state3funded schools are lin,ed to well3established Christian or <ewish faiths, although 5usli%s are ca%paigning to establish e(uivalent Isla%ic schools 9see Religious Schools:$ Northern Ireland has sectarian proble%s on an une(ualled scale, (uite unli,e an!thing in the rest of the United ;ingdo%$ Long3standing discri%ination b! the 'rotestant %a"orit! against the Catholic %inorit!, institutionali ed in the organi ation of the State until it was superseded b! direct rule fro% London, led to the recent !ears of trouble$ Uni(uel! in the United ;ingdo%, laws e#ist in Northern Ireland to prevent discri%ination on the grounds of religion in e%plo!%ent and the provision of services$ 4II ?R22DO5 O? T-2 'R2SS ?reedo% of speech e#ists in the United ;ingdo% as an absence of restriction$ -istoricall!, the freedo%s of the press that e#ist have co%e fro% the failure, despite strenuous efforts, to suppress reports$ This was particularl! true of 'arlia%ent in the 6@th centur!, which eventuall! gave up atte%pting to ste% the flood of reports of its proceedings$ These reports are now seen as a vital part of de%ocrac!, and the publication of the 'arlia%entar! record, -ansard, is overseen b! 'arlia%ent itself$ The courts have wor,ed on a principle of "ustice being seen to be done as well as actuall! being done, since the Court of Star Cha%ber in the 6@th centur! earned a notorious reputation, with its business done in secret$ The he!da! of open access and reporting in court has gone, since there is now concern to protect vulnerable people involved in legal proceedings$ It has alwa!s been the case that national securit! %atters %a! be heard in secret, and blac,%ail victi%s protected fro% identification) this protection now e#tends to al%ost all %atters concerning children, and to rape victi%s$ The press is also restricted on reporting proceedings or preparations if the reports %a! threaten the fairness of a trial$ The %edia+s greatest concern is libel$ The protection of the press fro% libel action is granted solel! in the reporting of court cases and 'arlia%entar! business$ These are ver! li%ited e#ceptions, and the huge costs of libel actions are a constant bra,e on freedo% of speech$ The press was unable to print what it suspected of the late Robert 5a#well, a %assive fraudster, until after his death in 6DD7 because of his constant threats of libel action$ The position of the press in

2ngland has i%proved in recent !ears with the legal ruling that a local authorit! cannot sue for a libel against it$ Co%plaints of irresponsible behaviour b! the press have led to threats of further laws of restraint, particularl! in its treat%ent of celebrities$ The press industr! has responded to this in a for% of self3censorship, creating the 'ress Co%plaints Co%%ission to deal with allegations of unacceptable conduct$ This bod! is capable of ordering that newspapers print apologies$ It ai%s to draw a line between responsible investigative "ournalis% and abuse$ Several si%ilar bodies e#ist for the broadcast %edia, which are obliged b! law 9unli,e the press: to be i%partial in their coverage of all controversial issues$ 4III ?R22DO5 O? S'22CThe freedo% to spea, one+s %ind, as a citi en, is li%ited in a nu%ber of wa!s in 2nglish law$ The laws of libel and slander are %ost i%portant and pervasive$ Other restrictions operate in particular areas& for e#a%ple, public order, national securit! and official secrets, conte%pt of court, and blasphe%!$ Obscenit! is an offence that is generall! used to curtail absolute freedo% of speech in its wider sense, that is, the right to produce and publish wor,s of representation$ The for%er restrictions on boo,s with artistic clai%s were largel! destro!ed when the publishers of Lad! Chatterle!+s Lover b! D$ -$ Lawrence were ac(uitted of obscenit! in 6D=E) censorship of the theatre ca%e to an effective end in 6D=D$ 'rosecutions for obscenit! are chiefl! confined to graphic representation, such as pictures in %aga ines$ 0 particular restriction on freedo% of speech is the offence of inciting racial hatred, which is widel! accepted, although it is unconstitutional in so%e countries, for e#a%ple, the United States$ Such an offence depends on an intent to stir up hatred, and is used onl! for blatant cases of racist de%agoguer!& it does not %a,e the uttering of racist re%ar,s alone cri%inal$ In ti%es of war, the balance is drawn %ore strictl! against the e#ercise of freedo% of speech b! %eans of special regulations granting powers to govern%ent officials, %ost notabl! the power to detain people without trial$ *hile criticis% of the conduct of a war has generall! not been prevented, the publication or state%ent of words li,el! to cause disaffection has been$ IF ?R22DO5 O? 0SS251L. The right to asse%ble for legiti%ate purposes, such as peaceful de%onstration, has alwa!s been regarded with suspicion b! the authorities in the United ;ingdo%$ The 'eterloo 5assacre of 6>6D was the %ost notorious e#a%ple, with %an! de%onstrators ,illed when cavalr! were sent against the%$ 5ass %eetings later in the 6Dth centur!, such as those of the Chartist de%ocratic refor% %ove%ent, were held under this shadow) so%e attending brought devices to stop or %ai% charging horses, which, fortunatel!, were never re(uired$ 'ublic asse%blies have since beco%e recogni ed as a right, but with restrictions$ 0sse%blies were dealt with for centuries b! the Riot 0ct, which provided a warning to be read out b! a %agistrate at the scene$ If the warning was not heeded and the crowd refused to disperse, it was ta,en to be a riot and force could be used to disperse it$ In the 7Eth centur!, this Draconian law was repealed, but the police are still re(uired to give a warning before dispersing an unlawful asse%bl! b! force$ Those see,ing to conduct de%onstrations need to report the planned asse%bl! to the police, and a senior officer %a! ban the asse%bl! if it is li,el! to cause

public disorder$ These rules should provide a co%pro%ise between the right to de%onstrate and the need to allow nor%al life to be carried on& this delicate balancing of co%peting factors has been placed chiefl! in the hands of the police$ 0 notable rule that has been in force for %an! !ears forbids public asse%blies within a %ile of 'arlia%ent when it is sitting, to prevent an! threat to the functioning of the de%ocratic process$ The right to freedo% of asse%bl! also includes wor,ers+ right to for% trade unions$ This is now protected b! statute) for %uch of the 6Dth centur!, however, it was a cri%inal offence$ Unions are now in effect prevented fro% calling for %ass pic,ets of wor,places where the! see, to enforce a stri,e& a pic,et of %ore than si# people will often be an obstruction of the highwa!, or a civil wrong$ 'olice action against %ass pic,ets that prevent people wishing to wor, fro% getting to wor, have been controversial, particularl! during the %iners+ stri,e of 6D>C36D>8, when stri,ing %iners at ti%es had their freedo% of %ove%ent curtailed$ See 0lso 2%plo!%ent Law$ In the 6DDEs The Cri%inal <ustice and 'ublic Order 0ct has e%powered police to act against trespassers on land in certain circu%stances$ These %easures are ai%ed principall! at ad hoc parties 9AravesB:, New 0ge travellers, and protesters against blood sports$ F CI4IL RI/-TS IN T-2 CRI5IN0L 'ROC2SS The cri%inal law s!ste% has developed a s!ste% of rights ,nown as due process in an atte%pt to ensure a fair hearing for those accused of cri%es$ The %odern s!ste% dates in effect fro% 6>D> in 2ngland, when defendants were first allowed to give sworn evidence in their own defence) before that an ancient rule held that the! were inco%petent to testif! because their own interest in the case %ade the% unreliable witnesses$ The %ost i%portant procedural safeguards co%e fro% the presu%ption of innocence, which re(uires that the prosecution prove the case against the defendant be!ond reasonable doubt, and has its para%ount e#pression in the right of silence$ The defendant %ust have the whole case against hi% or her revealed, and the opportunit! to challenge witnesses$ 0 nu%ber of %iscarriages of "ustice in 2ngland in recent !ears has led to strict guidelines, which re(uire the prosecution to disclose all the relevant %aterial it has to the defence) convictions obtained where this has not been done are li,el! to be overturned$ The defendant is also protected during police (uestioning$ Legal advice is now seen as being al%ost as i%portant as procedural fairness$ 0 sche%e is in operation to atte%pt to obtain a solicitor for all people (uestioned about a cri%e, and legal aid is granted in so%e cases$ Traditional civil rights have been eroded in the creation of cri%inal offences of strict liabilit!& that is, the prosecution need onl! prove that the acts co%plained of were carried out 9for e#a%ple, %an! driving offences: and an! defence then has to be proved b! the defendant$ This has been "ustified either because it is the onl! wa! of dealing with a serious social proble% 9such as drun,en driving:) or because other charges, such as allowing pollution of a river 9usuall! ai%ed at co%panies rather than people:, are usuall! onl! prosecuted when the prosecuting authorit! thin,s the behaviour is culpable$ This leaves the defendant+s rights at the discretion of the prosecutor, but this is onl! an acute proble% in the ver! rare cases when the defendant is a private individual, and the offence carries a serious stig%a$ FI 'RI40C.

There is no right in 1ritish law to privac! as such) what right there is %ust be derived fro% other protections$ The ho%e is protected fro% invasion b! the re(uire%ent on the police to obtain a search warrant, but there are e#ceptions to the re(uire%ent, and, perhaps surprisingl!, ta# investigators have considerabl! wider powers than police officers$ The practice of intercepting telephone conversations %a! onl! be carried out b! police and securit! services on a warrant fro% the -o%e Secretar!& in 6D>8 all "urisdiction over this was ta,en awa! fro% the courts and placed with tribunals, which sit in private$ There is no co%prehensive protection of the ho%e such as e#ists in the United States, where the courts were able to interpret the Constitution as providing a right to privac!$ The activities of newspapers in investigating and photographing well3,nown people have caused %uch concern, especiall! when the! involve such instru%ents as telescopic ca%era lenses$ Libel, however, rarel! provides a protection against the printing of a photograph$ The %ost e#tre%e e#a%ples of invasion of privac! have %et a legal response, even if its convoluted for% indicates the alien nature of a right of privac! to 2nglish law$ In one case, a newspaper printed a photograph of a well3,nown actor in a co%a$ The actor subse(uentl! recovered da%ages for %alicious falsehood, since the wa! the picture was printed, with an acco%pan!ing article, suggested he had cooperated with the newspaper when he had not, and this %isrepresented his professional activities$ 0 si%ilar techni(ue was used in the %id37Eth centur! to protect celebrities whose pictures were used without their consent, to advertise products, thus %a,ing the% appear to endorse the%& this legal protection has provided those in the public e!e with a wa! of %a,ing large su%s of %one! b! charging for that consent$ The citi en+s onl! protection against an invasion of privac! %a! now lie outside the law, with the 'ress Co%plaints Co%%ission$ 0 legal protection has been %ooted, but has been critici ed as a threat to the legiti%ate freedo% of the press$ *ith the spread of co%puter technolog! that beco%es ever %ore sophisticated, civil liberties groups clai% that the citi enGs right to privac! is being eroded further$ Responding to fears a%ong consu%ers and civil liberties groups, the California3based Intel Corporation announced on <anuar! 78, 6DDD, that it would deactivate an Internet identification feature in its newest %icroprocessor, the 'entiu% III$ Intended as a securit! %easure for Internet transactions, this feature allowed a co%puter userGs visits to sites on the *orld *ide *eb to be trac,ed, and it was clai%ed that infor%ation about web usersG habits could be secretl! collected and used for co%%ercial purposes$ These fears about the invasion of electronic privac! were fuelled when it was revealed in 5arch 6DDD that 5icrosoft Corporation, the worldGs largest %a,er of personal co%puter software, tagged docu%ents created with its %ar,et3do%inating *indows operating s!ste% and Office productivit! progra%s with a uni(ue identification nu%ber$ This led to charges that with this infor%ation an! docu%ent on a co%puter networ, could potentiall! be traced to a particular co%puter and its registered user$ 5icrosoft representatives said that the uni(ue identifier nu%ber was used onl! to assist the co%pan! in providing custo%ers with software supportHalthough corporate concern over software pirac! 9violation of cop!right: %a! also have pla!ed a partHbut ad%itted that an error had allowed the identification nu%ber to be trans%itted to the co%pan! whether or not the user gave consent$ Such infor%ation was derived in part fro% a networ, card, not fro% an individual userGs identit!, 5icrosoft clai%ed, and said that it would no longer solicit the /loball! Uni(ue Identifier fro% users$ The co%pan! pledged that future releases of the operating s!ste% would be %odified so the identification nu%ber is never created, let alone trans%itted$ 5icrosoft also pro%ised to purge its databases of an!

i%properl! collected custo%er data$ ?inall!, the co%pan! announced the availabilit! of software fi#es ,nown as patches for its Office D@ software suite that deal with the identification nu%ber proble%$ 'rivac! advocates countered that these steps were not enough to eli%inate the possibilit! that data fro% custo%ers who have alread! registered with 5icrosoft could still be used without their consent$ FII 2T-NIC 5INORITI2S Large3scale i%%igration to 1ritain began after *orld *ar II with the arrival fro% the Caribbean of the ship 2%pire *indrush, and racial discri%ination was soon a serious issue$ The civil rights of ethnic %inorities were never e#pressl! denied, as the! were, for e#a%ple, in South 0frica under the apartheid s!ste%, and in segregation in the southern United States$ In theor!, the law was the sa%e for all people regardless of colour$ -owever, it has beco%e evident in the United ;ingdo% and %an! other countries that these rights are not effectivel! secured for blac, citi ens$ 1lac, people are %ore li,el! to be convicted of a cri%inal offence than white people& the co%parative povert! of the blac, co%%unit! 9povert! is often an indicator of cri%e: does not e#plain this statisticall!$ If convicted, a blac, person is considerabl! %ore li,el! to be i%prisoned than a white person$ The onl! re%edies proposed have been re"ected as worse than the proble%& the suggestion, for e#a%ple, of choosing "uries in so%e wa! representative of the defendant+s co%%unit! see%s to threaten the whole concept of trial b! "ur!$ In addition, the nu%ber of blac, %ales detained with s!%pto%s of schi ophrenia appears to be hugel! disproportionate& One e#planation, possible racis% on the part of doctors, see%s inade(uate, and it has been argued that the stress of being blac, in the United ;ingdo% %a! be a factor$ 5an! allegations of racis% are %ade against the police, and tension between the police and blac, co%%unities led to riots in the 6D>Es$ The drive to recruit ethnic %inorities to the police force has not co%pletel! re%oved %utual suspicion$ 0ll these factors suggest that %an! civil rights %a! not, in effect, be available to ethnic %inorities$ 0tte%pts have been %ade to secure civil liberties for blac, people b! laws against racial discri%ination$ These have so far been li%ited in effect because of a distaste on the part of law%a,ers for positive discri%ination, which, while wor,ing in favour of those who presentl! lose out, would also wor, against others$ There is a widespread feeling that such discri%ination will onl! be trul! resolved b! a process of education of those with racist tendencies) a %ore general awareness of racis%) and an increase in the representation of ethnic %inorities in positions of power$ FIII RI/-TS O? *O52N ?or%al li%its on wo%en+s civil rights have been re%oved$ *o%en in 1ritain obtained the full right to own propert! in the 6Dth centur!, and in the 7Eth centur! won the right to vote and the right in law for their gender to be considered irrelevant$ Such for%al rights are not alwa!s effective& wo%en are under3represented in 'arlia%ent, which is still designed around the part3 ti%e wor, of a %an with so%ebod! to loo, after his fa%il!) courts still proceed on the basis of traditional presu%ptions of the roles of %en and wo%en$ The State now see,s to protect wo%en against se# discri%ination, but li,e the provisions on race this is li%ited to negative rather than positive action$ It has, however, been of considerable benefit to wo%en in the e%plo!%ent field$ The nu%ber of wo%en in e%plo!%ent has %ar,edl!

increased, although the average wo%an+s pa! is still less than that of the average %an$ 'articular groups of wo%en and individuals have found the rules ver! helpful$ In particular, the re(uire%ents of 2uropean Union law, which is effective in the United ;ingdo%, have been helpful to their position$ 0gain, however, there is a li%it to how effective the prevention of discri%ination alone can be$ See 0lso *o%en and the Law$ FI4 OT-2RS *-O SU??2R DISCRI5IN0TION 0lthough the 1ritish s!ste% does not overtl! discri%inate against an! group, there are others whose vulnerable position in societ! it fails to a%eliorate$ There is no legal protection against discri%ination on the grounds of age as such& the onl! effective action has been successful on the basis that age discri%ination was indirect se# discri%ination$ 2lderl! people are beco%ing increasingl! vocal on this issue 9see 0geis%:$ There have been atte%pts to deal with discri%ination against disabled people, but perhaps the onl! effective e#isting action is that which re(uires the planning of buildings to ta,e their needs into account$ 'ublic dissatisfaction has led to planned legislation which it is hoped will be %ore effective$ -o%ose#uals also e#perience discri%ination in so%e areas in the United ;ingdo%$ *hile ho%ose#ual activit! was legali ed in 6D=@ between two consenting adults in private, the law still %a,es cri%inal %an! activities that are not illegal for heterose#uals$ -owever, in 7EEE the age of consent for ho%ose#uals was lowered to 6=, to bring it in line with that for heterose#uals, and the govern%ent announced its intention to %a,e wor,place discri%ination due to se#ual orientation an offence$ 'eople with cri%inal convictions are often discri%inated against$ The law on rehabilitation of offenders has gone so%e wa! to re%ed!ing this, allowing e#3convicts to ignore their record in, for e#a%ple, appl!ing for certain "obs, after a ti%e period that varies according to the sentence received$ 'eople who have served long prison sentences do not fall within the rules, and there are several e#ceptions where it is considered necessar! for the e%plo!erHoften the govern%entHto ,now of an! cri%inal histor!$ F4 2URO'20N -U50N RI/-TS The 2uropean Convention on -u%an Rights was signed in 6D8E, setting up a Court and a Co%%ission, to investigate co%plaints$ It sets out basic hu%an rights along the lines of those covered in this article, together with e#ceptions when the right %a! be overridden b! the State& for e#a%ple, the right to freedo% of speech %a! give wa! to the need to protect others+ reputations$ The vague wa! in which it is drawn allows %uch freedo% of "udge%ent, and the 2uropean Court of -u%an Rights has held that a signator! State has a A%argin of appreciationB in which to decide whether or not a restriction on a right falls within one of the e#ceptions$ The Convention has no force in 1ritish law, although it occasionall! influences do%estic court "udg%ents$ 'eople who wish to assert a Convention right %ust co%plain to the Co%%ission at Strasbourg$ 0s a %eans of enforcing rights, it has serious drawbac,s$ The dela! and cost of appl!ing to the Co%%ission have beco%e enor%ous& it is not unusual for a co%plaint to ta,e %ore than five !ears before it is finall! disposed of, and that period usuall! starts onl! after the co%plainant has

failed in the do%estic courts$ It is also not absolutel! binding on a govern%ent, which %a! %a,e a partial derogation 9a declaration that it is not bound b! that aspect of the Convention: if a decision goes against it$ These are rare, but the United ;ingdo% has derogated, for e#a%ple, when the Court found that the police power to detain suspected terrorists for up to seven da!s without charge was a breach of the Convention$ These restrictions %a,e the Convention of li%ited use to the citi en$ The -elsin,i 0ccord of 6D@8, proposed b! the then3Soviet Union with the %otive of securing agree%ent on the per%anence of the post36DC8 frontiers, had far3reaching repercussions on civil rights and civil liberties in 2astern 2urope$ The -elsin,i ?inal 0ct contained a list of inalienable civil rights and liberties) these were no%inall!, if not in spirit, conceded b! the govern%ents of the Soviet bloc countries$ The agree%ent to respect Afreedo% of thought, conscience, religion, and beliefB was ,eenl! noted b! citi ens of these regi%es$ *ithin a short ti%e, %ove%ents such as the C ech Charter @@ were for%ed, and pressure began to %ount on the i%ple%entation of the ai%s, ulti%atel! contributing to the overthrow of the Co%%unist regi%es in 2astern 2urope$ F4I INT2RN0TION0L CONC2RNS 0 wider international treat! e#ists in the United Nations Charter, and the subse(uent United Nations Declaration on -u%an Rights$ These are not, however, binding on govern%ents and there are no %eans of enforcing the%$ In general, states are ver! resentful of international intervention in what the! consider to be internal affairs, and govern%ents are usuall! incapable or unwilling to intervene at the cost of a%icable political and trade relations$ Contributed 1!& David *atson Universal Declaration of -u%an Rights Universal Declaration of -u%an Rights, resolution adopted unani%ousl! in Dece%ber 6DC> b! the /eneral 0sse%bl! of the United Nations$ The ob"ective of the IE3article declaration is to pro%ote and encourage respect for hu%an rights and funda%ental freedo%s$ The declaration proclai%s the personal, civil, political, econo%ic, social, and cultural rights of hu%ans, which are li%ited onl! b! recognition for the rights and freedo%s of others and the re(uire%ents of %oralit!, public order, and general welfare$ 0%ong the rights cited b! the declaration are the rights to life, libert!, and securit! of person) to freedo% fro% arbitrar! arrest) to a fair trial) to be presu%ed innocent until proved guilt!) to freedo% fro% interference with the privac! of oneGs ho%e and correspondence) to freedo% of %ove%ent and residence) to as!lu%, nationalit!, and ownership of propert!) to freedo% of thought, conscience, religion, opinion, and e#pression) to association, peaceful asse%bl!, and participation in govern%ent) to social securit!, wor,, rest, and a standard of living ade(uate for health and well3being) to education) and to participation in the social life of oneGs co%%unit!$ The declaration was conceived as the first part of an international bill of rights$ The UN Co%%ission on -u%an Rights directed its efforts to the incorporation of the %ain principles of the declaration into various international agree%ents$ The /eneral 0sse%bl! in 6D88 authori ed two hu%an rights covenants, one relating to civil and political rights, and the other to econo%ic, social, and cultural rights$ 0fter a long struggle for ratification, both of these covenants beca%e effective in <anuar! 6D@=$

0%nest! International 0%nest! International, independent, worldwide pressure group ca%paigning i%partiall! for the release of all prisoners of conscience, that is, people i%prisoned or %altreated because of their political or religious beliefs$ The %ove%ent was founded in 6D=6 b! the 1ritish law!er 'eter 1enenson, and %aintains its head(uarters in London$ 0%nest! International is based on a networ, of voluntar! local groups and individual %e%bers throughout the world, who adopt prisoners of conscience and pursue their cases with the govern%ents concerned or through international bodies$ 5ethods of investigation and ca%paigning include %onitoring, fact3finding %issions, %edia publicit!, and individual correspondence$ I%partialit! is central to its Statute$ The general purposes of the organi ation are to uphold the Universal Declaration of -u%an Rights) to wor, for the release of those detained, restricted, or otherwise sub"ected to ph!sical coercion b! reason of their beliefs, ethnic origin, gender, colour, or language, provided the! have not used or advocated violence) to oppose detention without trial and to uphold the right to a fair trial) and to oppose the use of the death penalt! or torture, whether or not the people concerned have advocated violence$ 0lthough not specificall! %andated b! an International Council 5eeting, which is held ever! two !ears to discuss changes in the organi ation, hu%an rights issues relating to se#ual orientation have been included as a de facto part of the organi ation+s %andate in %an! national sections since 6DD6$ 0%nest! International is financed b! voluntar! donations$ Its %e%bership stands at so%e 6$7 %illion people, with C,IEE volunteer groups and nationall! organi ed sections in 88 countries, and supporters in %ore than 6=E countries$ In 6D@@ 0%nest! International received the Nobel 'ri e for 'eace for Aits efforts on behalf of defending hu%an dignit! against violence and sub"ugationB$ 5icrosoft J 2ncarta J 2nc!clopedia 7EE7$ K 6DDI37EE6 5icrosoft Corporation$ 0ll rights reserved$