Hundreds of Facebook users have spread unsubstantiated allegations that UK passport holders do not have to comply with coronavirus travel restrictions and can sue the government for fraud.
Reuters showed the report (here) to British law professor Alison Young (here), who responded in an email: ‘It’s almost hard to know where to start! To say that it is misleading is an understatement. ”
This check will set out the most difficult demands.
INVALUABLE RIGHTS
The Facebook message begins by saying: “Note Boris and his fellow conspirators. You have inalienable rights not to travel through him, the police or courts, can take it away or stop it. ‘
However, Young explained that there are no inalienable rights in the UK. The term refers to the principle that certain rights cannot be removed by legislation, which is recognized by the US Constitution (here and bit.ly/3g6v3Jj). This document is the highest law governing the USA (here).
The UK, on the other hand, is a parliamentary democracy (here) based on parliamentary legislative supremacy (here). This means that parliament can create or end any law, including the right to free movement.
During the pandemic, the British government used emergency legislation – mostly Part 2A of the Public Health (Control of Disease) Act 1984 (here) – to establish public health rules for England and Wales. These regulations have been approved in various ways (here) and have been proven to be legal in a legal challenge (here). In summary, British citizens have no inalienable rights and must abide by the law.
FREEDOM OF MOVEMENT
Young told Reuters that “there is no general right to free movement of persons in the UK”, which is contrary to the Facebook report that no government has the power to prevent travel.
Fundamental rights and freedoms in the United Kingdom are set out in the 1998 Human Rights Act, which incorporates the principles of the European Convention on Human Rights (here). Article 5 states that you have the right to move to the United Kingdom and travel abroad, unless there are laws that allow you to do so. These laws are allowed in certain circumstances, including the spread of infectious diseases (here).
PASSPORT
The Facebook status also claims that passport holders can claim for “misrepresentation and fraud” if their rights to travel are removed because “you paid a fee for the passport”. It is not true. Passports are not a contract between you and the government.
‘You have no legal right to a passport. It is issued at the discretion of the Minister of the Interior and the money you pay is an administration fee, not a contract in which you buy a passport. “There is therefore no element of fraud or misrepresentation,” Young said.
She added that passports do not offer the right to leave the UK and enter other countries. The government outlines this information here.
TRAVEL INTERNATIONAL
The post concludes by asking: “Where does my name appear on a list or letter addressed to me personally stating that I can not travel and where did Queen Elizabeth say I can no longer travel? ? “
Young, however, explained that it is governments that decide who may enter or leave their country, a power regulated by local and international law. Legislation allows for borders to be closed for health reasons, such as a pandemic.
VERDICT
Untrue. Passport holders are legally required to comply with COVID-19 restrictions restricting travel within and outside the UK.
This article was produced by the Reuters Fact Check team. Read more about our fact-checking work here.