Citizens in the UK are guaranteed a certain set of rights that define there existence as part of the state. Unlike in the USA and many other places, UK human rights are not set out in one constitutional document. Some of these rights and liberties are the product of custom and convention, while others are contained in written documents, such as Acts of Parliament.
Basic Rights and liberties
- Freedom of movement
- Freedom from arbitrary arrest or unjustified police searches
- Freedom from conscience in matters of religion and politics
- Freedom of expression
- Freedom of association, including the right to protest peacefully
- Social Freedoms – such as the right to marry, divorce, procure abortions or enjoy homosexual relations
- The right to vote and stand for election
- The right to a fair trial
- The right not to be coerced or tortured by agents of the state
- The right not to be subjected to surveillance without due legal process
- The right to own property
Key Historic Developments
Magna Carta, 1215
In 1215, King John was forced to sign the Magna Carta, which limited the monarch’s scope to make law and levy taxes. It also prevented people being imprisoned except by a process of law involving the lawful judgement of the person’s peers.
Habeas Corpus Act, 1679
The Habeas Corpus Act insisted that people should be told the reason for their arrest and should be informed of the charges against them. A person who was arrested had to be brought before a court and charged with a specific offence within three days. This act limited the arbitrary power of rulers.
Bill of Rights, 1689
In 1689, the Bill of Rights was passed. The British Bill of Rights had no special status other than being an act of parliament. The bill guaranteed the supremacy of parliament over the monarch and prevented the monarch from imposing taxation unless this was agreed by the House of Commons. The bill also guaranteed freedom of speech and the right of citizens to petition both the monarch and parliament.
Further Acts
The right to worship freely, for example, was established by a number of acts such as the Catholic Emancipation Act of 1829. Slavery was abolished in 1839. Sex Discrimination Acts were passed in 1975 and 1987. The first Race Relations act was passed in 1976. The Data Protection Act was passed in 1984.
Citizenship In the 1990’s
Since the late 1980’s a debate about what citizenship is and what it should be has risen up in the political agenda. The reasons for this was –
- There was a conservative campaign to promote citizenship.
- There was concern that legislation passed in 1980’s resulted in the erosion of many rights and liberties enjoyed by British citizens.
- The Labour government elected in 1997 promised to take the debate in a new direction: ‘The millennium symbolises a new era opening up for Britain… Our aim is no less than to set British political life on a new course for the future. (Labour 1927)
Active Citizenship
Active Citizenship is partly the idea that each citizen has a duty to take an active part in solving society’s problems. Active citizenship also includes individual self reliance, the need to take responsibility for your own family and the need to be patriotic.
Liberties under attack
One of the reasons for the need for a review on citizenship was because certain pressure groups protested that, between 1979 and 1997, Conservative governments had eroded rights and even destroyed some. This concern is derived from the nature of the constitution. Since parliament is sovereign, Parliament can pass laws which take away or add to any of the rights enjoyed by citizens. Consequently, the rights of citizens are totally dependent on the government of the day. Also citizens have no right of appeal if theses rights are taken away. There are a number of occasions when opponents of the conservative party were outraged by the erosion of civil liberties. During the miners strike of 1984-85, police prevented miners or suspected miners from travelling the country. In 1985 the government banned people employed at the Government communications headquarters joining trade unions. Also in 1990 protesters at the anti poll tax demonstration in London complained they were being denied their right to protests peacefully in public. Some say hat the biggest threat to civil liberty was the criminal justice act which removed the right of silence for suspects, allowed the police to stop and search, limited the right to protest by introducing the offence of ‘aggravated trespass’ and restricted the rights of ravers and squatters.
New Labour and citizenship
It was clear in the 1997 Labour manifesto that Labour had a new approach to citizenship and that citizenship was high on the agenda. Labour made pledges which are listed below
- A freedom of information act
- The incorporation of the European convention on Human rights into British law
- The promise of legal aid for those seeking to enforce their rights
- Improved rights for workers through a minimum wage and signing the Social Chapter of the Maastricht treaty.
- Statutory trade union recognition
Labour was also concerned about the decline in civic engagement by ordinary people who were no longer involved in their communities.
Labour placed emphasis on the view that citizens have responsibilities. For example when the Welfare to Work legislation was proposed, ministers stressed that people had the responsibility to work since, by working, they would be able to make a valuable contribution to society. Labour devised the idea that awareness of citizenship should be incorporated into education. However the practice of this has been highly criticised by several groups.
Labour has designed the compulsory citizenship programme for 110000 immigrants who apply each year to become naturalised Britains. Immigrants can apply for citizenship after living legally in the UK for 5 years. The intention is that these classes will teach immigrants about citizenship and about dealing with life in the UK. Trials for this scheme began in eight areas around the UK in January 2004.
