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Habeas Corpus, Human Rights and Detention

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Habeas Corpus, Human Rights and Detention Curriculum subject: Citizenship Key Stage: 3 and 4 Theme: Magna Carta today Topic: Habeas corpus, human rights and detention Rationale In this activity, pupils are introduced to the principle of habeas corpus and how it relates to Magna Carta and human rights. They will learn about the ‘right to liberty’ and where this right can conflict with other rights. Pupils investigate a contemporary situation where a person’s rights and freedoms have been limited or denied, for example in order to protect the public from harm. Pupils also explore the key arguments for and against detention and find out what campaigners say about why some of the people held are being denied their human rights. Pupils will benefit from some prior knowledge and understanding of the principles of human rights and basic features of the justice system. Pupils will need to be equipped to discuss some sensitive and controversial case study materials. Care should be taken to consider and address the needs of any pupils who may have experience of migration and/or detention. Additional information: In 1215 Magna Carta included a clause stating that no one could be imprisoned unlawfully. However, habeas corpus as we know it today was not made law until over 400 years later in 1679. It remains an Act of Parliament today. The principle of habeas corpus is protected by Article 5 of the 1998 Human Rights Act, which sets out the right to liberty and security. However, detention without charge remains on the UK political agenda in the debates surrounding anti-terror legislation and in relation to the treatment of those held in migration removal centres. Content Historical sources: Magna Carta, 1215 The Bill of Rights (1689) George Cruikshank's satirical drawing 'Liberty suspended!' (1817) Cartoon entitled 'Magna Carta? Habeas Corpus?' and featuring Charles Clarke (2005) Supreme Court judgement for Boumediene v. Bush relating to detention at Guantánamo Bay (2007-08) The British Library | www.bl.uk/magna-carta |www.teachithistory.co.uk |24371 1 Recommended reading (short articles): Timeline of Magna Carta and its legacy External links: Equalities and Human Rights commission Right to liberty and security http://www.equalityhumanrights.com/your-rights/human-rights/what-are-human- rights%3F/the-human-rights-act/right-to-liberty-and-security Migration Observatory information http://www.migrationobservatory.ox.ac.uk/briefings/immigration-detention-ukurces Campaigning organisations https://www.liberty-human-rights.org.uk/tags/habeas-corpus http://detentionaction.org.uk http://habeas-corpus.org.uk http://www.amnesty.org/en/detention Case study: Moazzam Begg http://www.theguardian.com/world/moazzam-begg Case study: Children held in Migration Removal Centre http://www.refugeecouncil.org.uk/latest/news/4241_revealed_children_still_locked_up_in_ca mpsfield https://www.justiceinspectorates.gov.uk/hmiprisons/wp- content/uploads/sites/4/2015/02/Campsfield-House-web-2014.pdf Key questions What is habeas corpus? How does habeas corpus relate to Magna Carta? How does habeas corpus relate to human rights? Why do some people believe those held under terror legislation or in migration detention centres are having their rights denied? Activities 1) Recap with pupils what the 1215 Magna Carta says about the being unlawfully detained. 2) Ask students to find out what habeas corpus is and when it came about. Using an age- appropriate summary or text from the documents, ask pupils to discuss in pairs: what do Article 6 of the European Convention on Human Rights and Article 5 in the 1998 Human Rights Act say about the right to liberty and security. Discuss their findings The British Library | www.bl.uk/magna-carta |www.teachithistory.co.uk |24371 2 through a class debrief and ensure they are building an understanding of how the right to liberty has developed over time. 3) Introduce the idea that rights are not absolute but can conflict and need to be balanced against other rights. Using a range of case studies (real or created for the purpose) where the right to justice and a fair trial have been limited or denied, ask pupils to work in their pairs to identify, explore and discuss the rights involved. Ensure each case study contains information that presents the key facts about the situation and the people affected. For example: Case of Moazzam Begg, a charity worker in Syria, who was held in a UK prison on suspicion of terrorism with no evidence brought against him in a court and subsequently released in October 2014 (see Case study: Moazzam Begg) Three children held in Campsfield House migration removal centre whilst their status as asylum seekers is investigated (see Case study: Children held in Migration Removal Centre) For each case ask pupils to create a flow chart to identify the links and connections between the right being denied and other rights, which as a consequence may also be affected. For example, for ‘a terror suspect being held without charge under anti-terror legislation in a prison’, the right to liberty has been denied, leading to the removal of the right to private and family life, and the freedom of assembly and association and potentially limiting the right to a fair trial and to be considered innocent until proven guilty. Through the activity pupils learn that human rights cannot be divided up, they are ‘indivisible’ and are interdependent. 4) Introduce pupils to different sources (written, audio, video) of information about the rights issues where detention is used (see other sources above). This might include information from the Home Office about migration ‘removal centres’ or ‘anti-terror legislation’ and from campaigning organisations such as Liberty or Detention Action. For the issue they are investigating ask pupils to develop an enquiry sequence and use the sources to find answers to enquiry questions, for example: why is this happening? What does the campaign say about the problem or issue? Where is this taking place? Which rights are affected? What is the impact on the individual(s) involved? What are the consequences for wider society? Are these positive/negative effects? What is the campaign trying to do about this? 5) Next ask pupils to work in small groups to create and present their findings as an active citizenship ‘poster presentation’ to inform their peers about the issue they have investigated and consider what actions they might take. The British Library | www.bl.uk/magna-carta |www.teachithistory.co.uk |24371 3 6) Finally, show pupils the cartoon ‘Magna Carta? Habeas corpus?’ Can they identify the issues being raised in the cartoon. What do they think of it? During a final discussion, recap key learning points about the development of the right to liberty from Magna Carta, habeas corpus and human rights. Extension activities Historical examples of the use of detention could also be used such as that of John Wilkes or Charles I. Pupils could investigate an international example where detention without trial is an issue. For example, in the case of Guantanamo Bay, Boumediene versus Bush, and Amnesty International’s campaign to close Guantanamo bay in Cuba. Students could be encouraged to campaign about their findings through a blog, school newspaper article or by proposing their own modern day Magna Carta which covers topics such as habeas corpus. The British Library | www.bl.uk/magna-carta |www.teachithistory.co.uk |24371 4 .
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