Civil liberties helper

4.1 The Freedom of the Individual

Civil liberties are guarantees of freedom from government interference that
prevent the government from placing restrictions on many individual actions and
choices. However, individuals live in communities, or groups of people with
shared interests and values, and their actions within their communities affect
other people. Community responsibilities are an individual’s duties or
obligations to the community—those things that are expected of individuals if
they wish to remain members of that community.
4.2 Constitutions and Individual Liberties
Most countries have a formal constitution—a framework, blueprint, or
foundation for the operation of a government. A constitution may be expressed
in terms of negative rights, when it is written in a way that emphasizes
limitations on the government, or positive rights, when it is written to emphasize
the government’s obligation to guarantee the people’s rights. The amount of
freedom of action that a constitution guarantees the individual varies by political
system.
Individualist systems emphasize the importance of individuals over the
importance of the community, while communitarian systems emphasize
community cohesiveness while also recognizing the importance of
individual freedoms. Countries vary in terms of the nature and degree to which
they stress individualism or communitarianism.
Constitutionalism has three main elements: adherence to the rule of law, limited
government, and guarantees of individual rights. The rule of law requires that
government and private actors be held accountable under the law; that laws be
clear, publicized, stable, and applied evenly; that the processes by which laws
are enacted, administered, and enforced be accessible, fair, and efficient; and
that justice be delivered in a timely manner by competent, ethical, and
independent representatives who are accessible, have adequate resources, and
reflect the communities they serve.
Due process is a legal requirement that the government respect the rights of the
people. Procedural due process concerns the written guidelines for how the
government interacts with a person, while substantive due process concerns the
individual’s right to be treated fairly when interacting with the government.
4.3 The Right to Privacy, Self-Determination, and the Freedom of Ideas
The most fundamental aspect of civil liberty is the right to privacy—that is, the
right to be free from interference in thought, speech, and actions. Each society
interprets what is acceptable and when there is a compelling reason for the
government to place restrictions on personal decisions. Interpretations of the
right to privacy change over time and vary widely around the world.
The right to free expression of ideas includes the right to free speech and the
right to the free exercise of
religion. Freedom of expression and religion are not absolute. Even in countries
with extensive speech protections, certain types of speech, including libel,
slander, obscenity, fighting words or threats, inciting lawless conduct, breach of
national security or classified information, disclosures that impact the right of
privacy, and perjury, are not protected.
While liberal democracies tolerate the free expression of ideas, many such
countries place restrictions on the expression of ideas that are considered
intolerant and in conflict with the public good. This intolerant stance
on views that a government deems intolerant is referred to as the paradox of
tolerance.
4.4 Freedom of Movement
Freedom of movement can be divided into two categories: the freedom to move
about within one’s home country and the freedom to move internationally.
Around the world, international travel is more strictly regulated than domestic
travel. Migration differs from international travel because the individual does
not intend to return to their starting point. Immigration laws, refugee status, and
open borders are all areas of intense debate surrounding the freedom of
movement.

4.5 The Rights of the Accused

The rights of the accused are intended to protect individuals if their freedom is at
stake. In rule-of-law countries, police must advise individuals at the time of their
arrest that they have the right to remain silent, anything they say can be used
against them in court, they have a right to legal counsel, and they have a right to
defend themselves in court. In all rule-of-law countries, a person held in jail has
a right to demand to be brought into court and told why they are being jailed.
4.6 The Right to a Healthy Environment
Many human rights organizations assert that environmental damage, including
climate change, is a violation of human rights because it impacts the ability of
people to live safe and healthy lives. As climate change becomes an increasingly
urgent issue, the implications for human rights will be a growing area of
political and legal debate.