Section 1 Overview Part 2 International Human Rights Section 2 International Arrangements Section 3 Human Dignity Section 4 Equality Section 5 Personal Integrity Section 6 Abolishment of Slavery Section 7 Punishment Section 8 Marriage and Family Section 9 Property Section 10 Dignity before courts Section 11 Equality before the law Section 12 Redress and Remedies Seciton 13 Fair Trial Section 14 Presumption of Innocence Section 15 Personal Liberty Section 16 Right to Privacy Section 17 Freedom of Movement Section 18 Freedom of Religion Section 19 Freedom of Expression Section 20 General Political Rights Section 21 Political Asylum Section 22 Nationality Section 23 Assemblies and Associations Section 24 General Social Rights Section 25 Work Section 26 Working hours Section 27 Home Section 28 Education, Science, and the
Arts Section 29 Culture Section 30 Restrictions Section 31 Basic Structure Section 32 House of Commons Section 33 Parties Section 34 Procedure Section 35 Legislation Section 36 Committees Section 37 House of Lords Section 38 Finances Section 39 European Community Affairs Section 40 Members of Parliament Section 41 Parliamentary Ombudsman Section 42 Composition Section 43 Lobby Section 44 Privy Council Section 45 Local authority councils Section 46 Legal System in General Section 47 Judiciary in General Section 48 Criminal Courts Section 49 Civil Courts Section 50 Tribunals Section 51 European Courts
There is no written
constitution or comprehensive Bill of Rights; Britain's constitution is to be
found partly in conventions and customs and partly in statute. The Act known as
the Bill of Rights 1689 deals with the exercise of the royal prerogative and
succession to the Crown.
The British legal system provides some remedies to
deal with human rights abuses. For instance, the remedy of 'habeas corpus'
secures the individual's right to freedom from any unlawful or arbitrary
detention.
Parliament, however, has power to enact any law and change any
previous law.
There is no fundamental distinction between 'public law' and
'private law'. Any person can take proceedings against the Government or a local
government authority to protect his or her legal rights and to obtain a remedy
for any injury suffered.
Britain has not generally codified its law and
courts adopt a relatively strict and literal approach to the interpretation of
statutes. The ratification of a treaty or international convention does not make
it automatically part of the domestic law. Where necessary, the Government
amends domestic law to bring it in line with the convention. Because of
Britain's membership of the European Community, Community law is part of British
law and takes precedence in the event of conflict between the two.
Since the
Universal Declaration of Human Rights is not a legally binding document, the UN
General Assembly adopted, in 1966, the 'International Covenant on Economic,
Social and Political Rights' and the 'International Covenant on Civil and
political Rights'. Britain ratified both covenants in 1976.
Britain is bound
by the Council of Europe's 1953 'European Convention for the Protection of Human
Rights and Fundamental Freedoms'. The Convention allows individual petitions
against governments to the European Commission on Human Rights, if all possible
domestic remedies have been exhausted. Since 1966 Britain has accepted the right
of individual petition under the Convention and the compulsory jurisdiction of
the European Court of Human Rights. The outcome of some cases has led to changes
in British law to improve human rights, for example the abolition of corporal
punishment in state schools and improved rights for prisoners.Britain is not a
party to the Convention's Fourth Protocol (Freedom of Movement) because of
inconsistency with some aspects of the United Kingdom immigration control system
nor the Sixth Protocol (abolition of the death penalty).
All human beings are born
free and equal in dignity
Everyone is equally
(1) Sex Discrimination: It
is unlawful to treat one person less favorably than another on grounds of sex
when offering employment. This also applies to education courses and the
provision to the public of housing, goods, facilities and services such as
insurance. Advertisements indicating an intention to discriminate in this way
are also illegal.
(2) Equal Pay: Women employed by the same employer can
claim the same pay as men for work of equal value. This right also applies to
work which is the same or broadly similar or work which is judged equal by a job
evaluation scheme. The same rights apply to men.
(3) European Community
Legislation: States are obliged to eliminate discrimination in state social
security schemes providing protection against sickness, unemployment,
invalidity, old age, accidents at work or occupational diseases.
(4) Racial
Equality: It is unlawful to treat one person less favorably than another on
grounds of race, color, nationality or ethnic or national origins. This applies
to employment (including training), education, and the provision to the public
of housing, goods, facilities and services, and premises. Discriminatory
advertisements are also unlawful.
Everyone has the
right to life, Liberty, and the security of person.
(1) Taking of Life: The
mandatory penalty for murder is imprisonment for life. Anyone sent to prison for
murder is liable to be detained for the rest of his or her life but may be
released on license.
(2) Control of Firearms: There is strict licensing and
control over the sale of firearms and their possession. Private ownership of
highly dangerous weapons is banned.
(3) Victims of violent crime, including
foreign nationals, may apply for compensation under the Criminal Injuries
Compensation Scheme. In 1990 the Government published its Victims' Charter
setting out for the first time the rights and expectations of victims of violent
and other crime. There are more than 350 victim support schemes with over 6,000
trained volunteers which help well over 500,000 people a year.
(4) In
Northern Ireland the security forces have special powers to search, question and
arrest suspected terrorists. Throughout Britain the maximum period for which the
police can hold a suspected terrorist is 48 hours. This period can be extended
for up to five days with the consent of the appropriate Secretary of State. The
Government has powers to ban terrorist organizations in Northern Ireland and in
the rest of Britain.
(5) Incitement to racial hatred is a criminal offence.
It is against the law to use threatening, abusive, or insulting words or to
display, publish or distribute such material. It is also an offence to possess
racially inflammatory material, the police having powers of search, seizure and
forfeiture.
No one may be
held in slavery or servitude; slavery and the slave trade are prohibited.
No one shall be subjected to
torture or to cruel, inhuman, or
degrading treatment or punishment.
(1) If
a police officer fails to comply with this provision, he or she can be
disciplined and the courts may reject any evidence so obtained.
(2) Custody:
Under the Criminal Justice Act 1991, the offence must be so serious that it
merits custody. Longer custodial sentences - within the statutory maxima - will
be given to persistent violent and sexual offenders in order to protect the
public from serious harm.
(3) Most prisoners are eligible for remission of
one third of their sentence. Release is unconditional and does not involve any
official supervision in the community. It may be forfeited for serious
misconduct in prison.
(4) Parole: Prisoners serving more than 12 months can
be released conditionally on parole when they have served one third of the
sentence, or six months, whichever expires the later. Three quarters of
prisoners serving sentences of less than two years receive parole. The parole
license remains in force until the date on which the prisoner would otherwise
have been released from prison.
(5) Life Sentence Prisoners: People serving
life sentences for the murder of police and prison officers, terrorist murders,
murder by firearms in the course of crime or the sexual or sadistic murder of
children are normally detained for at least 20 years. Life sentence prisoners
are released on life license and are subject to recall should their behavior
suggest that they might again be a danger to the public.
(1) Men and
women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights
as to marriage, during marriage and at its dissolution.
(2) Marriage shall be
entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
(4) All marriages are
registered by the State. It is unlawful to force anyone to marry against his or
her will or to bring about a marriage by fraudulent means.
(5) Members of the
family are in an advantageous position in matters of succession. If death occurs
without a valid will, the spouse and children of the deceased have priority.
Children have equal rights of inheritance from parents whether the parents are
married or unmarried.
(1) Everyone has the right
to own property
(2) No
one shall be arbitrarily deprived of his property.
(3) Compensation is paid
for any losses suffered through compulsory purchase or the deterioration of
property as a result of activities by public authorities.
Everyone has the
right to recognition everywhere as a person before the law.
All are equal
before the law and are entitled without any discrimination to equal protection
of the law.
Everyone has the
right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by
law.
(1) Redress and Remedies: Everyone has the right of access to the courts
and to the legal remedies available there.
(2) Legal aid schemes help people
with limited resources to meet the cost of work done by a lawyer. Solicitors
give legal advice and assistance to suspects at police stations.
(3) All
state authorities are subject to judicial control. Government departments and
public authorities can be sued for compensation for wrongful acts or breach of
contract in the same way as individuals.
Everyone is entitled in full equality to a fair and
public hearing by an independent and impartial tribunal in the determination of
his rights and obligations and of any criminal charge against him.
(1) Civil
and criminal cases are heard by an independent judiciary.
(2) In criminal
cases the prosecution must prove guilt beyond reasonable doubt. Following a
series of miscarriages of justice which took place in the mid 1970s, the
Government has set up a Royal Commission to examine the effectiveness of the
criminal justice system.
(3) In jury trials the judge decides questions of
law, sums up the evidence for the jury, and discharges the accused or passes
sentence. A jury is independent of the judiciary. Any attempt to interfere with
the jury once it is sworn in is a criminal offence.
(4) Publicity: Court
proceedings are normally held in public and reporters from the media are
admitted. In rape cases, the identity of the complainant cannot be reported.
(1)
Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all
the guarantees necessary for his defence.
(2) No one shall be held guilty of
any penal offence on account of any act or omission which did not constitute a
penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was committed.
No one shall be
subjected to arbitrary arrest, detention, or exile. Everyone has a legal right
to personal liberty. No one can be arrested with the exception of those
suspected of committing a crime, those failing to comply with certain civil
court orders, or individuals in contempt of a superior court or of Parliament.
An arrest to enforce a court order in civil proceedings can only be made under a
warrant issued by a court or by a power of arrest granted by the court in cases
of domestic violence.
(1) Arrests in Criminal Proceedings: The police have
power to arrest a suspect without a warrant if he or she is reasonably suspected
of involvement in an arrestable offence, that is, one where the maximum penalty
is five years imprisonment or more. They must normally obtain a warrant before
arresting someone for other offenses; an immediate arrest without a warrant may,
however, take place if the police believe it is not possible or appropriate to
issue a summons to appear in court, for instance where a suspect refuses to give
a name and address.
(2) An arrested person has the right to:
- consult a
solicitor;
- ask the police to notify a relative or other named person likely
to take an interest in his or her welfare; and
- consult the code of practice
regarding treatment in police custody.
The police may delay the exercise of
the first two of these
rights for up to 36 hours.
(3) Consultation:
Solicitors are available on a 2 hour basis to offer free legal advice for people
being questioned at police stations. The police must caution a suspect before
any questions are put for the purpose of obtaining evidence. The caution informs
the suspect that he or she is entitled to refuse to answer questions - the
so-called 'right of silence'.
(4) The suspect may not normally be detained
for more than 24 hours without charge. In the case of a suspect arrested in
connection with a serious arrestable offence, however, he or she may be detained
for up to 36 hours without charge on the authority of a senior police officer;
if the police wish to detain the suspect for longer than 36 hours, they must
obtain authority from a court, which may not grant authority for a period beyond
96 hours from first detention. Reviews must be made of a person's detention at
regular intervals to check whether the criteria for detention are still
satisfied. If they are not, the person must be released immediately.
(5) Tape
recording of interviews with suspected offenders at police stations are
universal practice.
(6) Habeas Corpus: Anyone who thinks that his or her
detention is illegal may apply to the High Court for a writ of habeas corpus
against the person detaining him or her. If no lawful cause can be shown, the
prisoner must be released immediately. A habeas corpus case has priority over
other cases in the order of court business.
(7) Bail: Most accused people are
released on bail pending trial. They are not remanded in custody except where
strictly necessary.
No one shall be
subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Every one has the
right to the protection of the law against such interference or attacks.
(1)
The common law allows people to speak and act in their own homes as they please
and to carry on their daily business, provided that they do not infringe the
rights of others or commit an offence.
(2) Parents are free to bring up their
children as they so wish, provided that they do not infringe laws against
cruelty and exposure to moral and physical danger. Parents also have to observe
the law regarding compulsory education of their children.
(3) Is a criminal
offence for a man to commit a homosexual act with a person under the age of 18.
The age was changed from 21 to 18 with a vote of 336 to 129. A 1999
bill to further reduce that age to 16 has failed.
(4) Privacy and the
Press: Action is being taken by the Government to deal with media intrusion into
the privacy of individuals. The law against libel gives protection against
attacks on a person's honor and reputation.
(5) Some other forms of intrusion
are criminal offenses, for example, the use of unlicensed radio transmitters for
bugging, the harassment of tenants to make them quit, or the sending of
unsolicited obscene material through the post. Other attempts to obtain private
information may involve offenses of criminal trespass.
(6) Interception of
Communications: Legislation authorizes governmental interception of postal and
telephone services but only on certain limited grounds. Any interception outside
these procedures is a criminal offence.
(7) Computers: Under the Data
Protection Act 1984, which gives effect to a Council of Europe Convention, data
users are required to register a description of the personal data they hold, the
purposes for which they use it, the sources from which they obtain it and the
categories of person to whom they may disclose it. They must also provide an
address to which data subjects may write for access to the data. Individuals
have the legal right to know about the data held on them and the right to
ask
a court to have factually wrong or misleading data corrected or deleted. In
addition they have the right to claim compensation for damages if the data are
lost, inaccurate, or disclosed without authority.
(1) Everyone
has the right to freedom of movement and residence within the borders of each
State.
(2) Everyone has the right to leave any country, including his own,
and to return to his country.
Everyone has the
right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief
(1) Worship and
religious teaching take place without any interference from the State. There is
complete freedom of thought, conscience or form of worship and no restriction on
the right of any citizen to change his or her religion. Atheists and agnostics
are also free to propagate their views.
(2) A person may, however, be held
guilty of blasphemous libel if he or she publishes scurrilous and offensive
references to Christianity that go beyond the limits of proper controversy. This
does not apply to debate and discussion about the truth of Christian
doctrines.
(3) Churches and religious societies of all kinds own property,
run schools and propagate their beliefs in speech and writing. Inquiries are not
made about religion in population censuses or other official returns.
(4)
There is no religious bar to the holding of public office except in the case of
the Sovereign who must by law be a Protestant. The Church of England and the
Church of Scotland are the established 'official' churches for state ceremonies
of a religious nature. Their members, however, do not obtain any advantages from
being members of an established church rather than of any other church.
(5)
Religious education has to be provided in all schools financed from public funds
and is part of the national curriculum. Parents have the right to ask for their
children to be withdrawn from such classes. Some publicly maintained schools are
provided by religious denominations and receive varying amounts of public
finance, according to type.
(6) Television and radio programs are broadcast
on religious topics; these include religious services as well as programs in
which adherents of the main religions and non-believers discuss their views.
Advertising aiming to promote religious ends is not permitted on television or
radio.
Everyone has the
right to freedom of opinion and expression
(1)
Restrictions include the official secrets, civil defamation, criminal libel,
obscenity, sedition, incitement to racial hatred, and contempt of court.
(2)
There are legal remedies against defamation. Fair comment on matters of public
interest may be a defence. Proof that the alleged defamatory matter is true is
also a defence. In the same way, frank discussion of sexual problems is not
considered to be an infringement of the law on obscenity.
(3) There is no
state control or censorship of the press. Foreign language papers are freely
imported.
(4) British broadcasting is based on the tradition that it is a
public service accountable to the people through Parliament. Television and
radio services are provided by the British Broadcasting Corporation (BBC). Other
operators are licensed individually by the Independent Television Commission
(ITC)
and the Radio Authority. The responsibilities of these public bodies
are set out in legislation. The Government itself is not responsible for program
content or broadcasters' day-to-day conduct of business.
(5) The independence
of the broadcasters requires them to maintain certain standards regarding
programs and program content. Under the relevant legislation and the codes of
practice applied by the broadcasting authorities, programs must display, as far
as possible, a proper balance and wide range of subject matter, and impartiality
in matters of controversy. There are also rules relating to violence and
standards of taste and decency in television programs, particularly during hours
when large numbers of children are likely to be watching. Broadcasters must also
comply with the general law relating to obscenity and incitement to racial
hatred.
(6) According to 1991 European agreements on cross-border
broadcasting, programs may not be indecent, contain pornography, give undue
emphasis to violence, or be likely to incite racial hatred. Nor should programs
unsuitable for children be broadcast when they can be expected to be
watching.
(7) Theater: There is no censorship of plays. It is, however, a
criminal offence to present or direct an obscene performance of a play in public
or private. Such a performance is defined as one which, taken as a whole, tends
to 'deprave and corrupt persons who are likely to attend it'. There is a defence
against an obscenity charge on the grounds that the performance is for the
public good in the interest of drama, opera or literature.
(8) Films and
Video: Government has no power to censor films. Cinemas are licensed by local
government authorities, which have a legal duty to prohibit the admission of
children under 16 to unsuitable films, and may prevent the showing of any film,
although this particular power is hardly ever exercised. In assessing the
suitability of films, authorities rely on the British Board for Film
Classification, an independent non-statutory body to which films offered to the
public must be submitted.
(1)
Everyone has the right to take part in the government of his country, directly
or through 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; this will shall be expressed in
periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures.
(4)
Britain is a parliamentary democracy, the Government being responsible to the
people through the elected House of Commons, which has the power to force a
government to resign on a vote of no-confidence. The other House in the British
Parliament is the non-elected House of Lords, which is normally a chamber of
discussion and revision of proposals and not a rival to the Commons. Its powers
to delay legislation are limited by law.
(5) Candidature for parliamentary
elections is open to anyone aged 21 and over who is eligible to vote.
(6) The
secret ballot is used in all British elections. The electoral system is the
'simple majority' system. The candidate with the largest number of votes is
elected.
(7) Officials working in central and local government have a long
tradition of political neutrality. A change of minister therefore does not
involve a change of departmental staff, whose functions remain the same
whichever political party is in office.
Public offices are open to men and
women, without distinction on grounds of sex, religion, race or color. Staff are
recruited
to the Civil Service and its executive agencies through fair and
open competition solely on the basis of merit.
(1) Everyone has
the right to seek and to enjoy in other countries asylum from
persecution.
(2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary to the
purposes and principles of the United Nations.
(3) Britain is a signatory of
the 1951 United Nations Convention Relating to the Status of Refugees and its
1967 Protocol and continues to meet its obligations to refugees under these
instruments. The Convention defines a refugee as a person who has a well-founded
fear of being persecuted for reasons of race, religion, nationality, membership
of a particular social group or political opinion'.
(4) Britain and the other
European Community members have signed the Dublin Convention, which defines when
a member state is responsible for dealing with an asylum application. Applicants
may no longer lodge successive claims in different countries.
(5) Under
recent legislation people are not extradited to face trial or imprisonment if
they face persecution on grounds of race, religion, nationality or political
opinion. British extradition law prevents extradition for political offenses.
(1) Everyone has the
right to a 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 (in cases of legitimate birth) or mother is a British citizen or is
settled in Britain.
(4) British Dependent Territories citizens, British
Nationals (Overseas), British overseas citizens, British subjects under the
Citizenship Act and British protected persons are entitled to be registered as
British citizens after five years' residence in Britain. British Dependent
Territories citizens from Gibraltar have an absolute right to be registered as
British citizens without needing to reside in Britain.
(5) Commonwealth
citizens, citizens of the Irish Republic and foreign nationals can acquire
British citizenship by naturalization.
(6) British citizenship can be
renounced by a person if he or she possesses, or is about to acquire, the
nationality or citizenship of another country.
(7) Under the Hong Kong Act
1985 citizens are entitled to acquire a new form of nationality, that of British
National (Overseas), together with a passport showing that an entry clearance is
not required to visit Britain. In April 1990 legislation was passed to give
British citizenship to 50,000 key people in Hong Kong and their dependents
without their having to leave the territory to qualify. Its purpose is to
persuade these people - selected under a points system - to remain in Hong Kong
so that the territory can remain stable and prosperous up to the change to
Chinese sovereignty in 1997 and beyond.
(1)
Everyone has the right to freedom of peaceful assembly and association.
(2)
No one may be compelled to belong to an association.
Everyone, as a
member of society, has the right to social security and is entitled to the
realization, through national effort and international co-operation and in
accordance with the organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the
free
development of his personality.
(1) Everyone has the right to
work, to free choice of employment, to just and favorable conditions of work and
to protection against unemployment.
(2) Everyone, without any discrimination,
has the right to equal pay for equal work.
(3) Everyone who works has the
right to just and favorable remuneration ensuring for himself and his family an
existence worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
(4) Everyone has the right to form and to join
trade unions for the protection of his interests.
(5) The Employment Service,
an executive agency of the Department of Employment, helps unemployed people to
find work through its job placement and other services and pays benefits and
allowances to those entitled to them.
(6) A fundamental reform of the
vocational qualifications system is being undertaken by the National Council for
Vocational Qualifications. It aims to develop a system of nationally recognized
vocational qualifications based on standards of workplace competence set by
employers. Equal esteem for academic and vocational qualifications is being
promoted with clearer and more accessible paths between them.
(7) In most
industries the pay and conditions of workers are settled by national and/or
plant bargaining between employers and trade unions.
(8) Laws impose duties
on employers and others to ensure the health, safety and welfare of their
employees in factories offices, mines, building sites and ali other work
activities.
(9) People may join trade unions, which have members in virtually
every occupation and some 10 million members in all. Dismissals for union
membership or non-membership are automatically unfair. It is also unlawful for
an employer to refuse to employ an individual on the grounds of that
individual's membership or non-membership of a trade union.
Everyone has the right
to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.
The basic working week in Great Britain is about
37,5 to 40 hours for manual work and 35 to 38 for non-manual work. A five-day
week is usually worked. Overtime is paid at higher rates.
(1) Everyone has the right to
a standard of living adequate for the health and well-being of himself and of
his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control.
(2) Motherhood and childhood are entitled
to special care and assistance. Aa children, whether born in or out of wedlock,
shall enjoy the same social protection.
(3) The National Health Service (NHS)
provides comprehensive health care to all residents. Treatment is based on
medical priority regardless of patients' income and is financed mainly out of
general taxation. Patients pay charges for prescriptions although in practice
some 75 per cent are supplied free, since charges do not apply to people on low
incomes, children, expectant mothers, pensioners and other groups.
(4)
Patients are free to seek private medical treatment and doctors, dentists,
opticians and pharmacists are able to practice privately. NHS hospital doctors,
too, can practice privately, subject to certain rules. There is limited
provision for them to treat their private patients in NHS hospitals. NHS
patients are sometimes treated at public expense in private hospitals. Some 7,5
million people are covered by private medical insurance.
(5) A local
authority may apply to the court for a child care order. This can only be made
by the court if it is satisfied that the child is suffering, or is likely to
suffer, significant harm.
(6) Children who break the criminal law are brought
before youth courts.
(7) The social security system aims to provide financial
help to people who are elderly, sick, disabled, unemployed, widowed or bringing
up children. The system includes contributory national insurance benefits
covering sickness, invalidity, unemployment, widowhood, and retirement. There is
also statutory sick pay and maternity pay paid for their employees by employers.
Another part of the system consists of non-contributory benefits such as child
benefit paid for every child in a family and a range of benefits for severely
disabled people and those looking after them.
(8) Preventive services are
designed to safeguard the health of pregnant women and mothers with young
children. Pregnant working women have the right to visit clinics during working
hours. Nearly all women have their babies in hospital, returning home shortly
after to be attended by a midwife or health visitor and, where necessary, the
family doctor. Child health centers check the physical and mental health of
pre-school children. There are voluntary programs of immunization against
diphtheria, measles, rubella (women of child-bearing age and girls only),
poliomyelitis, tetanus, tuberculosis, and whooping cough. There is a combined
vaccination against measles, mumps and rubella for children in the second year
of life.
(9) Statutory maternity pay is available for up to 18 weeks when a
women is away from work because of her pregnancy. The pay is 90 per cent of
earnings for six weeks followed by a flat rate payment for a further 12 weeks.
To qualify, a woman must have worked for the same employer for at least two
years; where a woman has been employed for between six months and two years, she
is entitled to payments for the full 18 weeks at the flat rate only. If a woman
does not qualify for maternity pay, she may receive a maternity allowance if she
has worked for an employer or as a self-employed person and paid a specified
number of national insurance contributions. The allowance is paid for 18
weeks.
(10) Britain is a party to the Council of Europe's convention on the
legal status of children born to unmarried parents. This provides for common
rules under which the legal status of such children is the same as for those
born to a married couple. Legislation has been passed to remove former legal
disadvantages suffered by children of unmarried parents.
(11) Under the
Abortion Act 1967, as amended in 1990, a pregnancy may only be terminated if two
registered doctors consider that this step is justified in terms of one or more
of the grounds specified in the Act. The Act does not apply in Northern
Ireland.
(12) The birth of the world's first 'test tube baby' took place in
Britain in 1978, using the technique of in-vitro fertilization. The social,
ethical, and legal implications were examined by a committee of enquiry under
Baroness Warnock, which concluded that certain specialized forms of infertility
treatment, including artificial insemination by donor and in-vitro
fertilization, were ethically acceptable. The committee also considered that
research on human embryos could take place under certain conditions.
(13)
About two thirds of the housing stock in Britain is owner-occupied. With a few
exceptions, secure public sector tenants have the right to buy their house or
flat at a discount if they have been public sector tenants for at least two
years. Under legislation passed in 1988 a Housing Action Trust can be proposed
for an area of public sector housing in England and Wales. If the majority of
tenants vote in support of a proposal to set up a Trust in their area, the
Trust, which is a public body, takes over the ownership of the housing in order
to undertake major physical, social, and economic regeneration. Once the work is
completed, the tenants decide on the future of their homes, such as a transfer
to a housing association, formation of a tenants' co-operative, or a return to
the local government authority. Additional low-cost housing is provided by
non-profit-making housing associations.
(14) Local government authorities
have a statutory duty to ensure that accommodation is provided for people who
are or are about to become unintentionally homeless.
(15) It is a criminal
offence for a landlord to harass tenants. If tenants are driven out by
harassment or illegally evicted, they must he compensated. If a landlord
harasses or evicts a tenant in order to re-let at market rent, the courts may
award damages to the tenant based on the profit made by the landlord. As a
general principle, tenants and most other residential occupiers cannot be
evicted without a court order.
(1) Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages. Elementary education
shall be compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to all on
the basis of merit.
(2) Education shall be directed to the full development
of the human personality and to the strengthening of respect for human rights
and fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further the
activities of the United Nations for the maintenance of peace.
(3) Parents
have a prior right to choose the kind of education that shall be given to their
children.
(4) The state education system is free, but a small proportion of
children attend private fee-paying schools. Local education authorities have to
meet the parents' wishes unless the school is full or, if selective, the child
does not meet required academic standards. Secondary schools - those catering
for 11- to 16-year-olds - in England and Wales are required to admit pupils up
to the limit of their available physical capacity if there is sufficient demand
on behalf of eligible children by parents.
(5) Children whose learning
difficulties are severe or complex, wherever possible, are educated in ordinary
schools.
(1) Everyone has the right
freely to participate in the cultural life of the community, to enjoy the arts,
and to share in scientific advancement and its benefits.
(2) Everyone has the
right to the protection of the moral and material interests resulting from any
scientific, literary, or artistic production of which he is the author.
(3)
The Government and local government authorities give financial support to the
arts. The preservation of the artistic heritage is encouraged by tax relief and
other measures including certain controls on the export of works of art. The
Arts Council allocates funds to the major opera, dance, and drama companies,
symphony orchestras, small touring theaters, experimental groups, and creative
artists.
(4) Original literary, dramatic, musical, or artistic works, films,
and sound recordings are automatically protected. The copyright owner has rights
against unauthorized reproduction, public performance, and broadcasting of his
or her work. In most cases the author is the first owner of the copyright, its
term being the life of the author and a period of 50 years after his or her
death (50 years from the date of release for films and sound recordings). Under
legislation passed in 1988 authors have the right to be identified on their
works and to object to any unjustified modifications of them. The law also
protects performers against the trading in unauthorized recordings of live
performance, the term of protection being 50 years from the year in which the
performance is given. A copyright work first published in Britain has automatic
copyright in all other
countries which are members of the Berne Copyright
Convention and the Universal Copyright Convention. The law secures the rights of
the originators of inventions, new industrial designs, and trade marks.
Protection is also available under the European Patent Convention and the Patent
Co-operation Treaty; benefits may be claimed in other countries under the
International Convention for the Protection of Industrial Property.
(5) The
Government has taken steps to protect the ownership of ideas by means of
patents, registered designs, trade marks, and copyright. Measures include the
extension of copyright protection to computer software owners, the extension of
trade marks to cover services, and powers to enable customs authorities to
prevent the entry of counterfeit goods. Legislation passed in 1988 made
provision for a new form of protection for designs and made litigation regarding
patents simpler and cheaper.
(1) Everyone has
duties to the community in which alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations as are determined by law
solely for the purpose of securing due recognition and respect for the rights
and freedoms of others and of meeting the just requirements of morality, public
order, and the general welfare in a democratic society.
(3) These rights and
freedoms may in no case be exercised contrary to the purposes and principles of
the United Nations.
(1) The British
constitution is made up of statute law, common law, and conventions. Conventions
are rules and practices which are not legally enforceable but which are regarded
as indispensable to the working of government; many are derived from the
historical events through which the British system of government has
evolved.
(2) The Queen
- head of the executive;
- an integral part of the
legislature;
- head of the judiciary;
- commander-in-chief of all the
Armed Forces
- the 'supreme governor' of the
established Church of England.
The Queen acts on the advice of her ministers.
Britain is governed by Her Majesty's Government in the name of the Queen. In
international affairs the Queen, as head of State, has the power to declare war
and make peace, to recognize foreign states and governments, to conclude
treaties and to annex or cede territory.
(3) Three elements make up
Parliament - the Queen, the House of Lords and the elected House of Commons. The
agreement of all three is normally required for legislation. As there are no
legal restraints imposed by a written constitution, Parliament can make or
change any law. It can even prolong its own life beyond the normal period
without consulting the electorate. In practice, however, Parliament does not
assert its supremacy in this way.
(4) The validity of an Act of Parliament,
once passed, cannot be disputed in the law courts. The House of Commons is
directly responsible to the electorate, and in this century the House of Lords
has recognized the supremacy of the elected chamber. The system of party
government helps to ensure that
Parliament legislates with its responsibility
to the electorate in mind.
(5) A Parliament has a maximum duration of five
years, but in practice general elections are usually held before the end of this
term. The maximum life has been prolonged by legislation in rare circumstances
such as the two world wars.
(1) Officers: The
officers of the House of Commons
(2) Electorate: British
citizens, together with citizens of other Commonwealth countries and citizens of
the Irish Republic resident in Britain, may vote provided they are aged 18 or
over, included in the annual register of electors for the constituency, and not
subject to any disqualification.
(3) Elections: For electoral purposes
Britain is divided into 651 constituencies, each of which returns one member to
the House of Commons. Each elector may cast one vote
(4) Candidates: British citizens
and citizens of other Commonwealth countries, together with citizens of the
Irish Republic, may stand for election as MPs provided they are aged 21 or over
and are not disqualified. A candidate must also deposit 500 pounds, which is
returned if he or she receives 5 per cent or more of the votes cast. The maximum
sum a candidate may spend on a general election campaign is 4,330 pounds plus
3.7 pence for each elector in a borough constituency or 4.9 pence for each
elector in a county constituency. All election expenses, apart from the
candidate's personal expenses, are subject to the statutory limit.
(1) Parties are not
registered or formally recognized in law, but in practice most candidates in
elections, and almost all winning candidates, belong to one of the main parties.
In 1992 General Elections, the Conservative Party reached 42%, Labour Party 35%,
and the Liberal Democrats 18% of votes.
(2) Since 1945 either the
Conservative Party, whose origins go back to the eighteenth century, or the
Labour Party, which emerged in the last decade of the nineteenth century, has
held power. A new party - the Liberal Democrats - was formed in 1988 when the
Liberal Party, which could trace its origins to the eighteenth century, merged
with the Social Democratic Party, which was formed in 1981.
(3) Leaders of
the Government and Opposition sit on the front benches on either side of the
Commons chamber with their supporters - the backbenchers - sitting behind them.
Inside Parliament, party control is exercised by the Chief Whips and their
assistants, who are chosen within the party.
(4) Annual assistance from
public funds helps opposition parties carry out their parliamentary work at
Westminster. It is limited to parties which had at least two members elected at
the previous general election or one member elected and a minimum of 150,000
votes cast. The amount is 2,550 pounds for every seat won, plus 5.10 pounds for
every 200 votes.
(1) Each subject starts
off as a proposal or 'motion' by a member. At the end of each debate the
question may be decided without voting, or by a simple majority vote. The
Speaker has discretion on whether to allow a motion to end discussion so
that
a matter may be put to the vote and has powers to put a stop to irrelevance and
repetition in debate, and to save time in other ways.
(2) In a tied vote the
Speaker gives a casting vote, without expressing an opinion on the merits of the
question.
(3) Members with a financial interest in a debate in the House must
declare it when speaking. To act as a disqualification from voting the interest
must be direct, immediate and personal.
(4) Proceedings of both Houses are
normally public and visitors can watch the proceedings from the galleries of
both chambers. The minutes and speeches are published daily. The records of the
Lords from 1497 and of the Commons from 1547, together with the parliamentary
and political papers of a number of former members of both Houses, are available
to the public through the House of Lords Record Office. The proceedings of both
Houses of Parliament may be broadcast on television and radio, either live or,
more usually, in recorded or edited form.
(1) Bills: Draft laws
take the form of parliamentary Bills
(2) A draft law is given a first reading
in the House of Commons without debate; this is followed by a thorough debate on
general principles at second reading. It is then given detailed consideration,
clause by clause, by a Commons committee before report stage in the whole House,
and a third and final reading.
(3) Bills must normally be passed by both
Houses. They must then receive the Royal Assent before becoming Acts. In
practice this is a formality.
(1) Standing committees
debate and consider amendments to public Bills at the committee stage and, in
certain cases, discuss them at the second reading stage. Ordinary standing
committees do not have names but are referred to simply as Standing Committee A,
B, C, and so on; a new set of members are appointed to them to consider each
Bill. Each committee has between 16 and 50 members, with a party balance
reflecting as far as possible that in the House as a whole.
(2) Select
committees are appointed, normally for the duration of a Parliament, to examine
subjects by taking written and oral evidence. After private discussion they
report their conclusions and recommendations. Committees include those on
European Legislation, Science and Technology, Public Accounts, Members'
Interests, and the Parliamentary Commissioner for Administration.
(3) Party
Committees: In addition to the official committees of the two Houses there are
several unofficial party organizations or committees. The Conservative and
Unionist Members' Committee (the 1922 Committee) consists of the backbench
membership of the party in the House of Commons. When the Conservative Party is
in office, ministers attend its meetings by invitation and not by right. When
the party is in opposition, the whole membership of the party may attend
meetings. The leader appoints a consultative committee, which acts as the
party's 'shadow cabinet'.
There are opportunities
for criticism and examination of government policy in the House of Lords at
daily question time and during debates on general motions. Other opportunities
include 'unstarred' questions, which can be debated at the end of the day's
business, and debates on proposed legislation.
The Finance Act
To keep the
two Houses informed of European Community developments, and to enable them to
scrutinise and debate Community policies and proposals, there is a select
committee in each House and two standing committees debate specific European
legislative proposals in the House of Commons. Ministers also make regular
statements about Community business.
(1) Members
of Parliament represent all their constituents, including those who voted for
other parties.
(2) The privileges of the members of the Commons include
freedom of speech; freedom from arrest in civil actions; exemption from serving
on juries, or being compelled to attend court as witnesses; and the right of
access to the Crown, which is a collective privilege of the House.
The
Parliamentary Commissioner for Administration investigates, independently,
complaints of maladministration when asked to do so by MPs on behalf of members
of the public. The Commissioner must report annually to Parliament. He or she
also publishes details of selected investigations at quarterly intervals and may
submit other reports where necessary.
(1) The Prime Minister
is appointed by the Queen, and all other ministers are appointed by the Queen on
the recommendation of the Prime Minister. Most ministers are members of the
Commons, although the Government
(2) The composition of governments can vary both in the number of
ministers and in the titles of some offices.
(3) The Prime Minister is, by
tradition, First Lord of the Treasury and Minister for the Civil Service. The
Prime Minister's office is located at 10 Downing Street in central
London.
(4) Ministers in charge of government departments are usually in the
Cabinet; they are known as 'Secretary of State' or 'Minister', or may have a
special title, as in the case of the Chancellor of the Exchequer.
(5) To keep
the workload of the Cabinet within manageable limits, a great deal of work is
carried on through the committee system. The membership of all ministerial
Cabinet committees is published.
(6) The doctrine of collective
responsibility means that the Cabinet acts unanimously even when Cabinet
ministers do not all agree on a subject.
As press adviser to the Prime
Minister, the Prime Minister's Press Secretary and other staff in the Prime
Minister's Press Office have direct contact with the parliamentary press through
regular meetings with the Lobby correspondents. The Lobby correspondents are a
group of political correspondents who
have the special privilege of access to
the Lobby of the House of Commons where they can talk privately to government
ministers and other members of the House. The Prime Minister's Press Office is
the accepted channel through which information about parliamentary business is
passed to the media.
The main function of the
Privy Council is to advise the Queen to approve Orders in Council - those made
under prerogative powers and those made under statutory powers. Cabinet
ministers must be Privy Counsellors and are sworn in on first assuming office.
(1) Local
authority councils
(2) In the
metropolitan counties, district councils are responsible for all services apart
from the police, the fire service and public transport and, in some areas, waste
regulation and disposal. In Greater London the boroughs and the City Corporation
have similar functions but London's metropolitan police force is directly
responsible to the Home Secretary.
(3) Local authorities in Great Britain
raise revenue through a council tax. Each household receives a single bill based
on the market value of property and the number of adults living in it. Couples
on low incomes will be entitled to rebates of up to 100 per cent on their
council tax bills.
(1)
Although Britain is a unitary state, England and Wales, Scotland and Northern
Ireland all have their own legal systems, with considerable differences in law,
organization and practice. However, a large amount of modern legislation applies
throughout Britain. The law is divided into criminal law and civil law; the
latter regulates the conduct of people in ordinary relations with one another.
The distinction between the two is reflected in the procedures used, the courts
in which cases may be heard and the sanctions which may be applied.
(2) The
legal system of England and Wales comprises both an historic body of conventions
known as common law and equity, and parliamentary and European Community
legislation. Common law, which is based on custom and interpreted in court cases
by judges, has never been precisely defined or codified. It forms the basis of
the law except when superseded by legislation. Equity law consists of a body of
historic rules and principles which are applied by the courts. The English legal
system is therefore distinct from many of those of Western Europe, which have
codes derived from Roman law.
(3) European Community law, which applies
throughout Britain, is confined mainly to economic and social matters; in
certain circumstances it takes precedence over domestic law. It is normally
applied by the domestic courts, but the most authoritative rulings are given by
the Community's Court of Justice.
(1) The
judiciary is independent
(2) The Lord Chancellor is head
of the judiciary, except in Scotland. His responsibilities include court
procedure and the administration of courts
(1) Summary or
less serious offenses, which make up the vast majority of criminal cases, are
tried in England and Wales by unpaid lay magistrates - justices of the peace
(JPs), although in areas with a heavy workload there are a number of full-time,
stipendiary magistrates. More serious offenses are tried by the Crown Court,
presided over by a judge sitting with a jury. The Crown Court sits at about 90
centers and is presided over by
High Court judges, full-time 'circuit judges'
and part-time recorders.
(2) Appeals from the magistrates' courts go before
the Crown Court or the High Court. Appeals from the Crown Court are made to the
Court of Appeal (Criminal Division). The House of Lords is the final appeal
court in all cases.
(1) Magistrates'
courts have limited civil jurisdiction. The 286 county courts have a wider
jurisdiction; cases are normally tried by judges sitting alone. The 80 or so
judges in the High Court cover civil cases and some criminal cases, and also
deal with the appeals. The High Court sits at the Royal Courts of Justice in
London or at 26 district registries. Appeals from the High Court are heard in
the Court of Appeal (Civil Division), and may go on to the House of Lords, the
final court of appeal.
(1) Tribunals are a
specialized group of judicial bodies, akin to courts of law. They are normally
set up under statutory powers which also govern their constitution, functions
and procedure. Tribunals often consist of laypeople, but they are generally
chaired by someone who is legally qualified. They tend to be less expensive, and
less formal, than courts of law.
(2) Independently of the executive,
tribunals decide the rights and obligations of private citizens towards one
another or towards a government department or other public authority. Important
examples are industrial tribunals, rent tribunals and social security appeal
tribunals.
(3) In many cases there is a right of appeal to a higher tribunal
and, on points of law, to the courts. Tribunals do not normally employ staff or
spend money themselves, but their expenses are paid by the government
departments concerned. An independent Council on Tribunals exercises general
supervision over many tribunals.
(1) The Court of
Justice consists of 13 judges. It interprets and adjudicates on the meaning of
the treaties and on measures taken by the Council of Ministers and the
Commission. It also hears complaints and appeals brought by or against Community
institutions, member states or individuals and gives preliminary rulings on
cases referred by courts in member states. It represents the final authority on
all aspects of Community law.
(2) The Single European Act of 1986 provided
for a Court of First Instance to relieve the Court of Justice of a substantial
part of its workload. The new court began working in 1989.Don't see the navigation on the left? Click here.