HUMAN RIGHTS - LIBERTIES - 15. Personal Liberty EVERYONE HAS A LEGAL RIGHT TO PERSONAL LIBERTY

HUMAN RIGHTS

- LIBERTIES -

15. Personal Liberty

EVERYONE HAS A LEGAL RIGHT TO PERSONAL LIBERTY

1. ARRESTS IN CRIMINAL PROCEEDINGS

• the police must normally obtain a warrant before arresting someone

• they have power to arrest a suspect without warrant if he/she is reasonably suspected

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LIBERTIES


2. AN ARRESTED PERSON HAS THE RIGHT TO:

• consult a solicitor

• ask the police to notify a relative to take an interest in his/her welfare

• consult the code of practice regarding tratment in police custody

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3. CONSULTATION

• solicitors are available on a 2-hour basis to offer free legal advice

• the police must caution a suspect before any questions are put (right of silence)

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4. DETENTION

• the suspect may not normally be detained for more than 24 hours (in case of a serious arrestable offence for up to 36)

• after 36 hours the police must obtain authority from a court to detain the suspect (not beyond 96 hours)

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5. Tape recording of interviews with suspected offenders at police station are universal practice

6. HABEAS CORPUS

Anyone who thinks his/her detention is illegal may apply to the High Court for a writ of habeas corpus against a person detaining him/her

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7. BAIL

Most accused people are released on bail pending trial; they are not remanded in custody except when strictly necessary

HUMAN RIGHTS

- LIBERTIES -

16. Right of Privacy

EVERYONE HAS THE RIGHT TO THE PROTECTION OF THE LAW AGAINST INTERFERNCE WITH HIS/HER PRIVACY OR ATTACKS

UPON HIS HONOUR AND REPUTATION

1. The common law allows people to speak and act in their own homes as they please provided that they do not infringe the rights of others

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2. Parents are free to bring up children as they wish without infringing laws againts cruelty and exposure to moral and physical damage

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3. It is a criminal offence for a man to commit a homosexual act with a person uder the age of 18

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4. PRIVACY AND THE PRESS

Action is being taken by the Government to deal with media intrusion into the privacy of individuals and give them protection

5. FORM OF INTRUSION CONSIDERED CRIMINAL OFFENSES

• radio transmitters for bugging

• harassment of tenants to make them quit

• sending of unsolicited obscene material through the post

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6. INTERCEPTION OF COMMUNICATIONS

Governamental interception of postal and telephone services are authorized only on certain limited grounds; any interception outside these procedures is a criminal offense

7. COMPUTERS

• under the Date Protection Act 1984, data users are required to register a description of a personal data they may desclose it

• individual have the legal right to know about the data hold on them

• they have the right to claim compensation for damages if the data are lost or disclosed without authority

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HUMAN RIGHTS

- LIBERTIES -

17. Freedom of Movement

1. EVERYONE HAS THE RIGHT TO FREEDOM OF MOMEVEMENT AND RESIDENCE WITHIN THE BORDERS OF EACH STATE

2. EVERYONE HAS THE RIGHT TO LEAVE ANY COUNTRY AND RETURN TO HIS COUNTRY

HUMAN RIGHTS

- LIBERTIES -

18. Freedom of Religious

EVERYONE HAS THE RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION

LIBERTIES


1. Worship and religious teaching take place without any interference from the State; atheists and agnostics are also free to propagate their views

2. A person may be held giulty of blasphemous libel if he/she publishes scurrilous and offensive references to Christianity

3. Churches and religious societies of all kinds own property, run schools and propagate their beliefes in speech and writing

4. The Sovereign must by law be a Protestant; the Church of England and the Church of Scotland are the established “official” churches for State cerimonies of a religious nature

5. Religious education has to be provided in all public schools and parents have the right to ask for their children from such classes

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6. Television and radio programs are broadcast on religoius topic; advertising aiming to promote religious ends is not permitted on television or radio

HUMAN RIGHTS

- LIBERTIES -

19. Freedom of Expression

EVERYONE HAS THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION (THROUGH ANY MEDIA AND REGARDLESS OF FRONTIERS)

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1. Restrictions of such right include:

– official secrets

– civil defamation

– criminal libel; oscenity, sedition, incitement to racial hatred

– contempt of court

2. There are legal remedies against defamation such as fair comment on matters of public interest

3. There is no State control or censorship of the press. Foreign language papers are freely imported

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4. BROADCASTING

• British broadcasting is a public service accountable to the people thruough the Parliament

• televsion and radio services are provided by the British Broadcasting Corporation (BBC); other operators are licensed by the Indipendent Television Commission (ITC)

• the Government itself is not responsable for program content or broadcasters’ day-to-day conduct of business

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5. BROADCASTERS HAVE TO MAINTAIN SOME STANDARDS

• programs must display a proper balance and wide range of subject matter, and impartiality in matters of controversity

• there are rules relating to violence and decency in television programs (especially during the hours when children are likely to be wathcing)

• they also comply with the general law relating to obscenity and incitement to racial hatred

6. ACCORDING TO 1991 EUROPEAN AGREEMENTS

• programs may not be indecent, contain pornography, help violence, incite racial hatred

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7. THEATER

• there’s no chensorship of plays

• present or direct an obscene performance of play in public or private is a criminal offence because it tends to deprive or corrupt persons who are likely to attend it

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8. FILMS AND VIDEO

• Government has no power to censor films

• cinemas are licensed by local governemt authorities; they prohibit the admission of children under 16 to unsuitable films

• in assenssing the suitability of films, authorities rely on the British Board for Film Classification

HUMAN RIGHTS

- POLITICAL RIGHTS -

General Political Rights

POLITICAL RIGHTS


1. Everyone has the right to take part in the Government of his country, directly or thruogh freely chosen representatives

2. Everyone has the right of equal access to public service in his country

3. The will of the people shall be the basis of the authority of Government: elections through universal and equal suffrage

POLITICAL RIGHTS


4. BRITAIN IS A PARLIAMENTARY DEMOCRACY

• the Government being responsible to the people through the elected House of Commons which can force a Government to resign on a vote of no-confidence

• the non-elected House of Lords is normally a chamber of discussion and revision of proposals; its powers are limited by law

POLITICAL RIGHTS


5. Candidature for paliamentary elections is open to anyone aged 21

6. The secret balliot is used in all British elections; the electoral system is the simple majority system and the candidate with the largest number of votes is elected

HUMAN RIGHTS


21. Political Asylum

POLITICAL RIGHTS

Political Asylum

1-2. Everyone has the right to seek and to enjoy in other countries asylum from persecution

• this right may not be invoked in case of persecution genuinely arising from non-political crimes

POLITICAL RIGHTS

Political Asylum

4. DUBLIN CONVENTION

• a member State is responsible for dealing with an asylum application

• applicants may no longer lodge successive claims in different countries

POLITICAL RIGHTS

Political Asylum

5. Under recent legislation, people are not extradited to face trial imprisonment if they face persecution on grounds of race, religion, nationality or political opinion

HUMAN RIGHTS


22. Nationality

EVERYONE HAS THE RIGHT TO A NATIONALITY

POLITICAL RIGHTS

Nationality

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality

3. British Citizenship is acquired automatically at birth by a child born in Britain if the father or mother is a British citizen or is settled in Britain

POLITICAL RIGHTS

Nationality

4. After five years of residence in Britain

– British Dependent Territories citizens (without needing to reside in Britain)

– British Nationals (Overseas)

– British overseas citizens

– British subjects under the Citizenship Act

– Brtish protected persons

can get British citizenship

POLITICAL RIGHTS

Nationality

5. Common wealth citizens, citizens of Irish Republic and foreign nationals can acquire British citizenship by naturalization

6. British citizenship can be renounced by a person if he/she possesses the nationality or citizenship of another country

POLITICAL RIGHTS

Nationality

7. THE HONG KONG ACT

• under the Hong Kong Act 1985 citizens are entitled to acquire a new form of nationality, the British National (Overseas) together with a passport

• in April 1990 , 50.000 key people in Hong Kong received British citizenship without moving from the territory

HUMAN RIGHTS


23. Assemblies and Associations

POLITICAL RIGHTS

Assemblies and Associations

1. Everyone has the right to freedom of peaceful assembly and association

2. No one may be complied to belong to an association

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HUMAN RIGHTS - LIBERTIES - 15. Personal Liberty EVERYONE HAS A LEGAL RIGHT TO PERSONAL LIBERTY