Even in societies which have good civil liberties records, certain groups—
ethnic minorities, for example—may find that some laws operate to their
disadvantage, and they may press for greater protection. In the UK there is still
concern about the powers of the police to stop, question and detain individuals
on suspicion that an offence might have been, or might be about to be,
committed because that law has been operated particularly harshly against
black citizens. Similarly, there has been continual concern about civil liberties
in Northern Ireland, where many normal features of the British legal system
have been suspended from time to time andemergency powershave been
exercised.
Civil liberties andhuman rightsare closely related, and all governments
pay at least lip service to their importance; but it remains a fact that real political
freedom exists in relatively few countries. However, even in countries where
the political system is characterized bydictatorshiportotalitarianism,
efforts, sometimes no more than token, towards the respect of civil liberties
have been made, to satisfy conditions demanded by the rich developed
countries for the granting of aid. In time, the pressure exerted by Western
governments for improvements in the field of civil liberties may be seen as a
crucial factor in the collapse of the communist governments of Eastern
Europe and the Soviet Union. In order to enforce civil liberties, these
countries have all notably written powerfulconstitutional courtsinto their
new constitutions.
Civil Rights
Civil rights are those rights which are, or which it is argued should be,
protected constitutionally or legally as fundamental rights that everyone should
enjoy, irrespective of his or her status. They fall essentially into two categories:
basic human rights to fair and decent treatment for the individual; and political
rights which are seen as vital for a healthy and liberal society, whether or not
they are actually desired by many people.
The first category includes the right to legal equality and to equality of
treatment and provision, the right to a fair trial and the right to be exempt from
unjust or inhuman punishment. The right not to be discriminated against
because of one’s race, religion or gender, whether by the government or a
private agent, as well as protection against arbitrary arrest, a biased jury, police
brutality and so on, are seen as basic rights that all should enjoy, and which
require constitutional protection in any society.
The more specifically political rights include the right to freedom of speech,
to form or join atrade union, to worship as one wishes, and to protest in
Civil Rights