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Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.

Codification of human rights is recent, but the UK law had one of the world's longest human rights traditions. Today the main source of jurisprudence is the Human Rights Act 1998, which incorporated the European Convention on Human Rights into domestic litigation.^[1][2]

History

The Bill of Rights
The Bill of Rights (1689)
Ratified	16 December 1689
Location	Parliamentary Archives
Author(s)	Parliament of England
Purpose	Assert certain rights.

Codification of human rights is recent, but before the Human Rights Act 1998 and the European Convention on Human Rights, UK law had one of the world's longest human rights traditions. The Magna Carta 1215 bound the King to require Parliament's consent before any tax, respect the right to a trial "by lawful judgment of his Peers, or by the Law of the Land", stated that "We will sell to no man, we will not deny or defer to any man either Justice or Right", guaranteed free movement for people, and preserved common land for everyone.^[3]

It implicitly supported what became the writ of habeas corpus, safeguarding individual freedom against unlawful imprisonment with right to appeal.^[4] After the first representative English parliament in 1265, the emergence of petitioning in the 13th century is some of the earliest evidence of parliament being used as a forum to address the general grievances of ordinary people.^[5][6]

During the early 17th century, the Petition of Right 1628 reasserted the values of the Magna Carta against King Charles I. The idea of freely debating rights to political representation took form during the Putney Debates of 1647. After the English Civil War the Bill of Rights 1689 in England and Wales, and the Claim of Rights Act 1689 in Scotland, enshrined principles of representative democracy, no tax without Parliament, freedom of speech in Parliament, and no "cruel and unusual punishment".^[7]

Philosophers began to think of rights not as privileges to be granted by the government or the law, but as a fundamental part of what it means to be a person.^[7] John Locke (1632–1704), one of the most influential of Enlightenment thinkers, argued that protection of "property" – which to him meant "life, liberty and estates" – were the very reasons that society existed. He articulated that every person is created equal and free but, in return for the advantages of living in an organised society, a person may need to give up some of this freedom.^[8]

During the 18th century, the landmark case of Entick v Carrington, following Locke almost exactly, established that the state and government could do nothing that is not expressly provided for by law, and that people could do anything but that which is prohibited by law.^[9] In Somerset v Stewart,^[10] Lord Mansfield held that slavery was unlawful at common law so that a person who had purportedly been enslaved in Boston, Massachusetts had to be freed in England. This was a severe grievance of southern colonies in the run up to the US Declaration of Independence.^[11]

By 1789, ideas of inherent rights had evolved and inspired both the US Bill of Rights, and the Declaration of the Rights of Man and of the Citizen after the American and French Revolutions. Although some labelled natural rights as "nonsense upon stilts",^[12] more legal rights were slowly developed by Parliament and the courts. In 1792, Mary Wollstonecraft began the British movement for women's rights and equality,^[13] while movements behind the Tolpuddle martyrs and the Chartists drove reform for labour and democratic freedom.^[14]

Upon the catastrophe of World War II and the Holocaust, the new international law order put the Universal Declaration of Human Rights 1948 at its centre, enshrining civil, political, economic, social and cultural rights. Though a UN General Assembly Declaration, not a treaty, the rights are binding jus cogens norms in international law, and the UK ratified two further treaties which recast the Universal Declaration: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 1966.

In 1950, the UK co-authored the European Convention on Human Rights, enabling people to appeal to the European Court of Human Rights in Strasbourg even against Acts of Parliament: Parliament has always undertaken to comply with basic principles of international law.^[15]

Because this appeals process was long, Parliament legislated to "bring rights home" with the Human Rights Act 1998, so that people can raise human rights claims in UK courts based on the Convention directly. The Convention contains the rights to life, rights against torture, against forced labour, to marry, to an effective remedy, and the right to suffer no discrimination in those rights.^[16] Most case law concerns the rights to liberty, privacy, freedom of conscience and expression, and to freedom of association and assembly.^[17] The UK also enshrines rights to fair labour standards, social security, and a multitude of social and economic rights through its legislation.

In May 2019, the British government announced to appoint its first human rights ambassador. Foreign Secretary Jeremy Hunt appointed Rita French, Hunt's former principal private secretary, to promote UK's work at the United Nations Human Rights Council and internationally.^[18] In January 2023 the Sunak government announced plans to broaden the scope of the Public Order Bill, which would allow the UK police to prosecute more easily against peaceful protest,^[19] if the government deems such protest to be "disruptive",^[20] forcing deemed protestors to wear tracking devices even if un-prosecuted.^[21][22] Human Rights activists have accused the bill of being authoritarian.^[23][24] Zdroj:https://en.wikipedia.org?pojem=Privacy_laws_of_the_United_Kingdom
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