Civil liberties
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. 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 rights and negative liberty/negative rights.
Not to be confused with Civil and political rights.
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 (1900) does offer very limited protection of rights:
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 treatment to the refugee 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 for its policy success.
Europe[edit]
European Convention on Human Rights[edit]
The European Convention on Human Rights, to which almost all European countries belong (apart from Belarus), enumerates a number of civil liberties and is of varying constitutional force in different European states.
Czech Republic[edit]
Following the Velvet Revolution, a constitutional overhaul took place in Czechoslovakia. In 1991, the Charter of Fundamental Rights and Basic Freedoms was adopted, having the same legal standing as the Constitution. The Czech Republic has kept the Charter in its entirety following the dissolution of Czechoslovakia as Act No. 2/1993 Coll. (Constitution being No. 1).
France[edit]
France's 1789 Declaration of the Rights of Man and of the Citizen listed many civil liberties and is of constitutional force.
Germany[edit]
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.
North America[edit]
Canada[edit]
The Constitution of Canada includes the Canadian Charter of Rights and Freedoms which guarantees many of the same rights as the U.S. constitution. The Charter omits any mention of, or protection for, property.
Mexico[edit]
The Mexican constitution 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, death threats, and defamation 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 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.[32]