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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.
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
The Civil Rights Cases, 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by private individuals. The holding that the Thirteenth Amendment did not empower the federal government to punish racist acts done by private citizens would be overturned by the Supreme Court in the 1968 case Jones v. Alfred H. Mayer Co. The Fourteenth Amendment not applying to private entities, however, is still valid precedent to this day. Although the Fourteenth Amendment-related decision has never been overturned, in the 1964 case of Heart of Atlanta Motel, Inc. v. United States, the Supreme Court held that Congress could prohibit racial discrimination by private actors under the Commerce Clause, though that and other loose interpretations of the Clause to expand federal power have been subject to criticism.
Section 15 of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution of Canada, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs.
The Constitution of Bangladesh is the supreme law of Bangladesh. It was adopted on November 4, 1972, and came into effect on December 16, 1972, marking the first anniversary of Bangladesh’s victory in its Liberation War in 1971. The Constitution establishes Bangladesh as a unitary parliamentary democracy, with commitments to nationalism, socialism, democracy and secularism as its four fundamental principles. These four principles reflected the four tenets of Mujibism, the political ideology of the country's founding president Sheikh Mujibur Rahman.
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India.
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 17, established in 2015, underscores the link between promoting human rights and sustaining peace.
The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.
Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution of Bangladesh. However, constitutional and legal experts believe many of the country's laws require reform to enforce fundamental rights and reflect democratic values of the 21st century.
Title 2 of the Swiss Federal Constitution of 18 April 1999, entitled "Fundamental Rights, Civil Rights and Social Goals", contains a comprehensive and directly enforceable bill of rights, as well as a set of social goals which the state authorities are to pay heed to. A few rights, notably political ones, are explicitly reserved to Swiss citizens, while all others apply to all persons in Switzerland, including legal entities such as corporations.
The Constitution of Bosnia and Herzegovina is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, signed on 14 December 1995. The Constitution saw the end of war in Bosnia and Herzegovina, however it has seen a large amount of criticism. Under the supervision of international community, an "arrangement of amendments" to the Constitution, agreed upon by leading political parties, was proposed for adoption in the Parliamentary Assembly of Bosnia and Herzegovina in April 2006, but it failed to get the approval of two-thirds of members in the House of Representatives.
Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other names earlier. Though there were religious and political equipments and institutions from almost prehistoric era, Mughals first tried to recognise and establish them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.
The Constitution of Bangladesh includes secularism as one of the four fundamental principles, despite having Islam as the state religion by 2A. Islam is referred to twice in the introduction and Part I of the constitution and the document begins with the Islamic phrase Basmala which in English is translated as “In the name of Allah, the Beneficent, the Merciful” and article (2A) declares that :"Islam is the state religion of the republic". Bangladesh is mostly governed by secular laws, set up during the times when the region was ruled by the British Crown.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
The Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved on 28 April 1992 through a national referendum after 92% support. It defines the fundamental political principles, establishing the structure, procedures, powers and duties of the government, structure of the judiciary and legislature, and spells out the fundamental rights and duties of citizens. It is made up of 26 chapters, not including the preamble.
Fundamental Rights in the Federal Republic of Germany are a set of rights guaranteed to everyone in Germany and partially to German people only through their Federal Constitution, the Grundgesetz and the constitutions of some of the States of Germany. In the Federal Constitution, the majority of the Grundrechte are contained in the first title, Articles 1 to 19 of the Grundgesetz (GG). These rights have constitutional status, binding each of the country's constitutional institutions. In the event that these rights are violated and a remedy is denied by other courts, the constitution provides for an appeal to the Federal Constitutional Court (Bundesverfassungsgericht).
The Constitution of the Arab Republic of Egypt was the former fundamental law of Egypt. It was signed into law by President Mohamed Morsi on 26 December 2012, after it was approved by the Constituent Assembly on 30 November 2012 and passed in a referendum held 15–22 December 2012 with 64% support, and a turnout of 33%. It replaced the 2011 Provisional Constitution of Egypt, adopted in 2011 following the Egyptian revolution. On 3 July 2013, the constitution was suspended by order of the Egyptian army. On 8 July 2013, acting President Adly Mansour issued a decree that envisaged the introduction of amendments to the constitution and put them to a referendum; if approved, the suspended-constitution would be restored into law. The current constitutional declaration has the power of a constitution; it outlines the authorities of the president and establishes many rights.
Secularism in Bangladesh is known as "neutrality of religion" under Bangladeshi law. In the Constitution of Bangladesh, secularism is mentioned in the preamble as one of the fundamental principles of Bangladeshi law. Article 8 enshrines secularism as one of the fundamental principles of state policy. and yet, after the assasination of mujibbur rehman, in 1975 bangladesh went to military rule, and their after in 1979 removed the term secular from their constitution. Article 12 elaborates further on secularism and freedom of religion.
Bangladesh Sadharon Chhatra Odhikar Songrokkhon Parishad, commonly known BSRC is a Bangladeshi democratic student organization to promote and protect general students' right, to reform quotas and eliminate all types of discriminations in the recruitment of government employees. The organization first came to prominence in 2018 for leading Bangladesh quota reform movement. Due to the movement's increasing popularity, Bangladesh government accepted its five-point demands and abolished quotas in the recruitment of Bangladesh Civil Service cadres though no reform was announced in the recruitment of lower grade officers. In July 2018, many involved in the demonstrations of the organization were brutally attacked. In July 2018, the embassies of Germany, USA, Norway, Switzerland and few other countries in Dhaka expressed their concern over the 'brutal attacks' on peaceful demonstration of Bangladesh Sadharon Chhatra Odhikar Songrokkhon Parishad. For 2019, DUCSU election, the organization announced its panel on 25 February 2019. The organization made Nurul Haq Nur vice-president candidate of the panel and Muhammad Rashed Khan general secretary contender and Faruk Hasan assistant general secretary nominee.
References
- 1 2 3 "Fundamental Rights". Banglapedia . Retrieved 2019-02-20.
- ↑ মৌলিক অধিকার. Judiciary of Bangladesh (in Bengali). Archived from the original on 2018-07-05. Retrieved 2019-02-22.
- ↑ যেগুলো আপনার মৌলিক অধিকার. Prothom Alo (in Bengali). 9 August 2018. Retrieved 2019-02-20.
- 1 2 BonikBarta. "দেড় দশকে বিচারবহির্ভূত হত্যা ২,৬৯৯ ও গুম হন ৬৭৭ জন". দেড় দশকে বিচারবহির্ভূত হত্যা ২,৬৯৯ ও গুম হন ৬৭৭ জন. Retrieved 2024-09-24.