The right to petition government for redress of grievances is the
right
Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
to make a complaint to, or seek the assistance of, one's
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
, without fear of punishment or reprisals.
In Europe, Article 44 of the
Charter of Fundamental Rights of the European Union ensures the right to petition to the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
.
Basic Law for the Federal Republic of Germany guarantees the right of petition to "competent authorities and to the legislature". The
right to petition in the United States is granted by the
First Amendment to the United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...
(1791).
United States
The prohibition of abridgment of the "right to
petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.
In the colloquial sense, a petition is a document addressed to some offici ...
" originally referred only to the
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
and the
U.S. federal courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
. The
incorporation doctrine
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the ...
later expanded the protection of the right to its current scope, over all state and federal courts and legislatures, and the executive branches of the state
and federal governments.
China
Ancient and Imperial Chinese dynasties recognised the right to petition for all subjects. Commoners could petition the Emperor to remove local officials. The
Huabiao, a ceremonial column common in traditional Chinese architecture, is believed to have originated from signboards set up by ancient rulers to offer an avenue for the public to write petitions.
In modern China the use of local petitioning bureaus remains common, however, those who remain dissatisfied still travel to the capital as a last resort to appeal to the central government. The National Public Complaints and Proposals Administration () and local bureaus of letters and calls receive suggestions and grievances. The officers then channel the issues to respective departments and monitor the progress of settlement, which they feedback to the filing parties. If unsatisfied, they can move up the hierarchy to bring complaints to the next higher level.
[HRW's "Alleyway" citing Jonathan K. Ocko, "I'll take it all the way to Beijing: Capital appeals in the Qing," Journal of Asian Studies, vol. 47.2 (May 1988), p.294]
See also
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Strategic lawsuit against public participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with t ...
*
We the People (petitioning system)
*
Bill of Rights, the 1689 bill of rights passed by the Parliament of England
*
Seven Bishops
References
{{DEFAULTSORT:Right To Petition
Human rights
Human rights by issue