Civil and political rights


Civil and political rights

Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.

Civil rights include the ensuring of peoples' physical integrity and safety; protection from discrimination on grounds such as physical or mental disability, gender, religion, race, national origin, age, sexual orientation, or gender identity;[1][2][3] and individual rights such as the freedoms of thought and conscience, speech and expression, religion, the press, and movement.

Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.

Civil and political rights form the original and main part of international human rights.[4] They comprise the first portion of the 1948 Universal Declaration of Human Rights (with economic, social and cultural rights comprising the second portion). The theory of three generations of human rights considers this group of rights to be "first-generation rights", and the theory of negative and positive rights considers them to be generally negative rights.

The phrase "civil rights" is a translation of Latin ius civis (rights of citizens). Roman citizens could be either free (libertas) or servile (servitus), but they all had rights in law.[5] After the Edict of the Milan in 313, these rights included the freedom of religion.[6] Roman legal doctrine was lost during the Middle Ages, but claims of universal rights could still be made based on religious doctrine. According to the leaders of Kett's Rebellion (1549), "all bond men may be made free, for God made all free with his precious blood-shedding."[7]

In the 17th century, English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishman had historically enjoyed such rights The English Bill of Rights was adopted in 1689. The Virginia Declaration of Rights, by George Mason and James Madison, was adopted in 1776. The Virginia declaration is the direct ancestor and model for the U.S. Bill of Rights (1789).

In early 19th century Britain, the phrase "civil rights" most commonly referred to the problem of legal discrimination against Catholics. In the House of Commons support for the British civil rights movement was divided, many more largely known politicians supported the discrimination towards Catholics. Independent MPs (such as Lewis Eves and Matthew Mountford) applied pressure on the larger parties to pass the civil rights act of the 1920s.

In the 1860s, Americans adapted this usage to newly freed blacks. Congress enacted civil rights acts in 1866, 1871, 1875, 1957, 1960, 1964, 1968, and 1991.

Contents

Guarantees of rights

T.H. Marshall Notes that civil rights were among the first to be recognized and codified, followed later by political rights and still later by social rights. In many countries, they are constitutional rights and are included in a bill of rights or similar document. They are also defined in international human rights instruments, such as the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights.

Civil and political rights need not be codified to be protected, although most democracies worldwide do have formal written guarantees of civil and political rights. Civil rights are often considered to be natural rights. Thomas Jefferson wrote in his 1774 A Summary View of the Rights of British America that "a free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate."

Custom also plays a role. Implied or unenumerated rights are rights that courts may find to exist even though not expressly guaranteed by written law or custom; one example is the right to privacy in the United States.

The question of to whom civil and political rights apply is a subject of controversy. In many countries, citizens have greater protections against infringement of rights than non-citizens; at the same time, civil and political rights are considered to be universal rights that apply to all persons.

Civil rights movement

When civil and political rights are not guaranteed to all as part of equal protection of laws, or when such guarantees exist on paper but are not respected in practice, opposition and even social unrest may ensue.

Civil Rights movements began as early as 1848 in the USA with such documents as the Declaration of Sentiment [8]. Consciously modeled after the Declaration of Independence, the Declaration of Rights and Sentiments became the founding document of the American women's movement, and it was adopted at the Seneca Falls Convention, July 19 and 20, 1848 [9]

The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. The movement had a legal and constitutional aspect, and resulting in much law-making at both national and international levels. It also had an activist side, particularly in situations where violations of rights were widespread. Movements with the proclaimed aim of securing observance of civil and political rights included:

Most civil rights movements relied on the technique of civil resistance, using nonviolent methods of struggle, to achieve their aims.[10] In some countries, struggles for civil rights were accompanied, or followed, by civil unrest and even armed rebellion. While civil rights movements over the last 60 years have resulted in an extension of civil and political rights, the process was long and tenuous in many countries, and many of these movements did not achieve or fully achieve their objectives.

Problems and analysis

Questions about civil and political rights have frequently emerged. For example, to what extent should the government intervene to protect individuals from infringement on their rights by other individuals, or from corporations — e.g., in what way should employment discrimination in the private sector be dealt with?

Political theory deals with civil and political rights. Robert Nozick and John Rawls expressed competing visions in Nozick's Anarchy, State, and Utopia and Rawls' A Theory of Justice. Other influential authors in the area include Wesley Newcomb Hohfeld and Jean Edward Smith.

See also

References

  1. ^ The Civil Rights act of 1964, ourdocuments.gov
  2. ^ Americans with Disabilities Act of 1990, accessboard.gov
  3. ^ Summary of LGBT civil rights protections, by state, at Lambda Legal, lambdalegal.org
  4. ^ A useful survey is Paul Sieghart, The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights, Oxford University Press, 1985.
  5. ^ Mears, T. Lambert, Analysis of M. Ortolan's Institutes of Justinian, Including the History and, p. 75.
  6. ^ Fahlbusch, Erwin and Geoffrey William Bromiley, The encyclopedia of Christianity, Volume 4, p. 703.
  7. ^ "Human Rights > 1500-1760 - Background"
  8. ^ ("Signatures to the Seneca Falls Convention 'Declaration of Sentiments'." American History Online, Facts On File, Inc.(accessed October 3, 2011)
  9. ^ (Cullen-DuPont, Kathryn. "Declaration of Rights and Sentiments." Encyclopedia of Women's History in America, Second Edition. New York: Facts On File, Inc., 2000. American History Online. Facts On File, Inc.(accessed October 3, 2011).
  10. ^ Adam Roberts and Timothy Garton Ash (eds.), Civil Resistance and Power Politics: The Experience of Non-violent Action from Gandhi to the Present, Oxford University Press, 2009. Includes chapters by specialists on the various movements.

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