Civil liberties Flashcards
Introduction
Civil liberties are basic rights and freedoms granted to citizens of a country through national common or statute law; this makes it different from basic human rights because human rights are those fundamental rights considered to be universal to all people. Civil liberties in the UK are part of constitutional UK law and have a long formative history dating back to Magna Carta of 1215. Some procedures and guidelines which are put in place by the government to protect the public could be considered a violation of civil liberties; which begs the question: is it acceptable to violate constitutional civil liberties in order to protect society? Overall, I believe that individuals are less important than society as a whole. The welfare of society overall is to be prioritised over the free will and independence of individual members.
Face masks - POINT/EXPAND
Due to the COVID-19 pandemic, there has been a push for people getting vaccinated and protecting others from being exposed to the virus by wearing face masks. Currently in the UK, around 50 million people have been double vaccinated. However, there are many individuals who are not vaccinated and disagree with the principle; often believing that vaccines are not safe. These people are colloquially known as ‘anti-vaxxers’. The introduction of vaccine passports is becoming increasingly likely which could seriously restrict travel and access to events for those who are not fully or at all vaccinated.
Face masks - EXAMPLE
For example, world number one tennis player, Novak Djokovic, was set to compete in the Australian Open tournament, however, his visa was revoked on January 6th 2022, shortly after his arrival in Australia amid questions over the vaccine exemption that would have permitted him to enter. Djokovic is a well-known anti-vaxxer and because of this, it is unsurprising that he has not received the COVID-19 vaccine.
Face masks - A/E
There was a large amount of media coverage regarding this issue and many mixed opinions. Some believe that Djokovic is completely entitled to refuse the vaccine if he wishes, as it is his body and no one has the right to force him to do something to his body that he does not want to. They also believe that he has no obligation to share the reasoning behind his not wanting to receive the vaccine.
Face masks - COUNTER-POINT
However, many people, particularly in Australia, voiced in protest of his competing in the tournament and believed he should be made to leave Australia, as his violation of the COVID guidelines could put the Australian public at risk. They believe that just because he is in the public eye, and is undoubtedly in a very fortunate position, does not mean that he should be allowed to bend or break the rules that other people have to follow.
Face masks - CONCLUSION
Overall, this issue is very complex as it is in fact a violation of actual human rights to force an individual to do something to their body which they object to. However, as COVID-19 is currently a very real threat to the safety of society, particularly its most vulnerable members, as many precautions as possible must be taken to protect people from exposure to the virus.
Self-ID - POINT/EXPAND
Another civil liberty issue is gender self-identification. Self-identification, or ‘self-id’, is the concept that a person should be allowed to legally identify with the gender of their choice by simply declaring so, and without facing any medical tests. There is currently much debate over the controversial issue of whether trans individuals should be able to choose which prison they go to i.e. the prison for the gender they have chosen to identify with, or whether they should be sent to the prison for their biological sex. There have been cases of self-identified women being put in men’s prisons and then receiving severe verbal and physical abuse. Similarly, trans women have been placed in female prisons and there have been cases where they have committed sex crimes against other prisoners. In both eventualities, there are risks, but is it right to allow trans women, for example, into women’s space, when there is a chance they will commit abuse or sex crimes? Is this a violation of women’s rights and safety? In contrast, is it right to force an individual who identifies as transgender to use spaces for a gender with which they do not identify?
Self-ID - EXAMPLE
Additionally, in investigating sex crimes in Scotland, a suspect can choose to identify as whatever gender they please and will be seen as such during the case. Sex is one of nine protected characteristics under the Equality Act 2010, meaning, a person will be looked at in a case as whatever gender they choose. If, for example, a biological male were to rape a woman, and chooses to identify as a transgender woman, this individual will only be seen in the case as a woman, which could have an impact on the details of the case. Some say this issue could be solved by referring to them as their chosen gender, but having information on their biological sex on record. However, this is in violation of the Equalities Act 2010, and therefore also the rights of transgender individuals.
Self-ID - COMPARISON
Gender self-identification is a controversial issue worldwide. In Germany, for example, in 2021, a bill was voted down that would have legalised gender-reassignment surgery from the age of 14 regardless of opposition from parents, as well as introduced a fine of 2,500 euros for referring to a trans person based on their natal sex. This shows that while gender self-ID is supported largely in the UK, it is not allowed in some countries such as Germany.
Self-ID - CONCLUSION
Overall, this is a very sensitive issue as it puts an individual’s right to live their life how they wish, with the rights of other individuals to safety, and clarity in terms of the law.
Protesting - POINT/EXPAND
Protesting is a divisive and often incredibly useful tool in the arsenal of the individuals of a society. It allows people to complain and criticise the government and bring about change if normal channels are unresponsive, and is a human right not a privilege. They are a critical part of every democracy and have been attributed to a huge number of improvements in our society, from the abolition of slavery to the granting of the right to vote to women.
Protesting - EXAMPLE
This right, however, can also conflict in action with the rights of the state towards encouraging a fair vote, public health initiatives and attempting to protect the rights of other individuals. In the UK, an example of this would be the introduction of Priti Patel’s harsher sentences on Insulate Britain and Extinction Rebellion protesters. The justification provided for this was that it could lead to more negative downsides for everyday people.
Protesting - COMPARISON
In other countries there have also been crackdowns on protesting. For example, in Egypt, more than 2,300 people were detained for taking part in demonstrations. However even in countries with strong police control such as china, ongoing protests have lasted over a long period of time despite police crackdowns and murders; a prime example of which would be the Titanhamen Square massacre in which the Chinese Government fought directly against protesting.
Protesting - CONCLUSION
This conflicting of rights is an insurmountable obstacle as it must be challenged on a case by case basis. Overall, it can be incredibly useful however it also provides individuals with justification to break the law, which can be misinterpreted.
Surveillance - POINT/EXPAND
A final example of a civil liberty issue is surveillance. While the term literally means ‘to watch over’, it can also refer to less literal activities. This can include CCTV, ‘wiretapping’ and covert studies. The matter of surveillance raises the question: to what extent are the government permitted to monitor the lives of civilians?
