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Civil and political rights

From Wikipedia, the free encyclopedia
(Redirected fromCivil rights)
Rights preventing the infringement of personal freedom by other social actors
"Civil rights" redirects here. For other uses, seeCivil rights (disambiguation).
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Civil and political rights are a class ofrights that protectindividuals'freedom from infringement bygovernments,social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and thestate.

Civil rights generally include ensuring peoples' physical and mental integrity,life, andsafety, protection fromdiscrimination, the right toprivacy, the freedom ofthought,speech,religion,press,assembly, andmovement.

Political rights includenatural justice (procedural fairness) inlaw, such as therights of the accused, including theright to a fair trial;due process; the right to seek redress or alegal remedy; and rights ofparticipation incivil society andpolitics such asfreedom of association, theright to assemble, theright to petition, theright of self-defense, and theright to vote. These rights also must follow the legal norm as in they must have the force of law and fit into the system of administrative justice. A key feature in modern society is that the more a state can guarantee political rights of citizens the better the states relations are with its citizens.[1]

Civil and political rights form the original and main part of internationalhuman rights.[2] They comprise the first portion of the 1948Universal Declaration of Human Rights (witheconomic, social, and cultural rights comprising the second portion). The theory ofthree generations of human rights considers this group of rights to be "first-generation rights", and the theory ofnegative and positive rights considers them to be generallynegative rights.

History

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The phrase "civil rights" is a translation of Latinjus civis (right of the citizen). Roman citizens could be either free (libertas) or servile (servitus), but they all had rights in law.[3] After theEdict of Milan in 313, these rights included the freedom of religion; however, in 380, theEdict of Thessalonica required all subjects of the Roman Empire to profess Nicene Christianity.[4] Roman legal doctrine was lost during the Middle Ages, but claims of universal rights could still be made based on Christian doctrine. According to the leaders ofKett's Rebellion (1549), "all bond men may be made free, for God made all free with his precious blood-shedding."[5]

In the 17th century,English common law judge SirEdward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyedsuch rights. TheParliament of England adopted theEnglish Bill of Rights in 1689. It was one of the influences drawn on byGeorge Mason andJames Madison when drafting theVirginia Declaration of Rights in 1776. The Virginia declaration heavily influenced theU.S. Bill of Rights (1789).[6]

The removal by legislation of a civil right constitutes a "civil disability". In early 19th century Britain, the phrase "civil rights" most commonly referred to the issue of such legal discrimination against Catholics. In theHouse of Commons, support for civil rights was divided, with many politicians agreeing with the existing civil disabilities of Catholics. TheRoman Catholic Relief Act 1829 restored their civil rights.[7]

In the United States, the term civil rights has been associated with thecivil rights movement (1954–1968), which fought against racism.[8] The movement also fought segregation and Jim Crow laws and this fight took place in the streets, in public places, in government, and in the courts including the Supreme Court.[9] The civil rights movement was also not the only movement fighting for civil rights as The Black Panthers were also a group focused on fighting racism and Jim Crow.

Other things that civil rights have been associated with are not just race but also rights of Transgender and other LGBTQ individuals. These have been fights over sexuality instead of race and focused around whether these individuals may access certain spaces like bathrooms according to their sexual identity or biological sex. Gavin Grimm's fight in Virginia over whether he could use the bathroom of his choice is a well known case in these civil right fights.[10]

Another issue in civil rights has been the issue with police brutality in certain communities especially minority communities. This has been seen as another way for minority groups to be oppressed and their rights infringed upon. Outrage has also been a massive result of incidents caught on tape of police abusing and in some cases causing the deaths of people from minority groups such as African Americans. That is why to address the issue has been accountability to police engaging in such conduct as a way to deter other officers from committing similar actions.[11]

Protection of rights

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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 areconstitutional rights and are included in abill of rights or similar document. They are also defined ininternational human rights instruments, such as the 1948Universal Declaration of Human Rights and the 1966International Covenant on Civil and Political Rights.

Civil and political rights need not be codified to be protected. However, mostdemocracies worldwide do have formal written guarantees of civil and political rights. Civil rights are considered to benatural rights.Thomas Jefferson wrote in hisA 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 theirchief magistrate."

The question of to whom civil and political rights apply is a subject of controversy. Although in many countriescitizens are considered to have greater protections against infringement of rights than non-citizens, civil and political rights are generally considered to be universal rights that apply to allpersons. One thing to mention is that if individuals have fewer political rights than are they more likely to commit political violence such as in countries where individual rights are highly restricted.[12] That is why it is important for countries to protect the political rights of all citizens including minority groups. This extends to racial, ethnic, tribal, and religious groups. By granting them the same rights it helps reduce the risk of political violence breaking out.[13]

According to political scientist Salvador Santino F. Regilme Jr., analyzing the causes of and lack of protection from human rights abuses in the Global South should be focusing on the interactions of domestic and international factors—an important perspective that has usually been systematically neglected in the social science literature.[14]

Other rights

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Custom also plays a role. Implied orunenumerated rights are rights thatcourts may find to exist even though not expressly guaranteed by written law or custom; one example is theright to privacy in theUnited States, and theNinth Amendment explicitly shows that other rights are also protected.

TheUnited States Declaration of Independence states that people have unalienable rights including "Life, Liberty, and the pursuit of Happiness". It is considered by some that the sole purpose of government is the protection of life, liberty, and property.[15]

Some thinkers have argued that the concepts ofself-ownership andcognitive liberty affirm rights to choose the food one eats,[16][17] themedicine one takes,[18][19][20] and thehabit one indulges.[21][22][23]

Social movements for civil rights

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Main article:Civil rights movements
Savka Dabčević-Kučar,Croatian Spring participant; Europe's first female prime minister

Civil rights guarantee equal protection under the law. When civil and political rights are not guaranteed to all as part of equal protection oflaws, or when such guarantees exist on paper but are not respected in practice, opposition, legal action and evensocial unrest may ensue.

Civil rights movements in the United States gathered steam by 1848 with such documents as the Declaration of Sentiment.[24][full citation needed] Consciously modeled after theDeclaration of Independence, theDeclaration 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.[25][full citation needed]

Worldwide, severalpolitical movements forequality before the law occurred between approximately 1950 and 1980. These movements had a legal and constitutional aspect, and resulted in much law-making at both national and international levels. They 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 ofcivil resistance, usingnonviolent methods to achieve their aims.[26] In some countries, struggles for civil rights were accompanied, or followed, bycivil unrest and even armed rebellion. While civil rights movements over the last sixty 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

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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 otherindividuals, or fromcorporations—e.g., in what way shouldemployment discrimination in theprivate sector be dealt with?

Political theory deals with civil and political rights.Robert Nozick andJohn Rawls expressed competing visions in Nozick'sAnarchy, State, and Utopia and Rawls'A Theory of Justice. Other influential authors in the area includeWesley Newcomb Hohfeld, andJean Edward Smith.

First-generation rights

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First-generation rights, often called "blue" rights,[citation needed] deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature, as well as stronglyindividualistic: They servenegatively to protect the individual from excesses of the state. First-generation rights include, among other things,freedom of speech, theright to a fair trial, (in some countries) theright to keep and bear arms,freedom of religion,freedom from discrimination, andvoting rights. They were pioneered in the seventeenth and eighteenth-century during theAge of Enlightenment. Political theories associated with the English, American, and French revolutions were codified in theEnglish Bill of Rights in 1689 (a restatement ofRights of Englishmen, some dating back toMagna Carta in 1215) and more fully in the FrenchDeclaration of the Rights of Man and of the Citizen in 1789 and theUnited States Bill of Rights in 1791.[27][28]

They were enshrined at the global level and given status ininternational law first by Articles 3 to 21 of the 1948Universal Declaration of Human Rights and later in the 1966International Covenant on Civil and Political Rights. In Europe, they were enshrined in theEuropean Convention on Human Rights in 1953.

Civil and political rights organizations

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There are current organizations that exist to protect people's civil and political rights in case they are infringed upon. TheACLU, founded in 1920, is a well-known non-profit organization that helps to preserve freedom of speech and works to change policy.[29] Another organization is theNAACP, founded in 1909, which focuses on protecting the civil rights of minorities. The NRA is a civil rights group founded in 1871 that primarily focuses on protecting the right to bear arms. These organizations serve a variety of causes, one being theAFL–CIO, which is America's union that represent the working-class people nationwide.[30]

See also

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References

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  1. ^Fokina, Anastasiia O.; Yushchyk, Oleksii O.; Kunenko, Iryna S.; Ryndiuk, Vira I.; Machuska, Iryna B. (2023-12-30)."Normative determination of guarantees of political rights in the sphere of administrative justice"(PDF).Revista Amazonia Investiga.12 (72):246–253.doi:10.34069/AI/2023.72.12.22.ISSN 2322-6307.
  2. ^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.
  3. ^Mears, T. Lambert,Analysis of M. Ortolan's Institutes of Justinian, Including the History and, p. 75.
  4. ^Fahlbusch, Erwin and Geoffrey William Bromiley,The encyclopedia of Christianity, Volume 4, p. 703.
  5. ^"Human Rights: 1500–1760 – Background". Nationalarchives.gov.uk.Archived from the original on 2020-08-07. Retrieved2012-02-11.
  6. ^"Bill of Rights: The 1st Ten Amendments". Bill of Rights Institute.Archived from the original on 12 November 2023. Retrieved12 November 2023.
  7. ^"The Roman Catholic Relief Act of 1829".www.princeton.edu.Archived from the original on 2024-01-25. Retrieved2024-01-25.
  8. ^"Civil Rights Movement: Timeline, Key Events & Leaders".History. 2024-01-22.Archived from the original on 2020-04-11. Retrieved2024-01-25.
  9. ^"A Brief History of Civil Rights in the United States: The Black Panther Party This guide focuses on the civil rights that various groups have fought for within the United States". RetrievedSeptember 19, 2024.
  10. ^Rand, Erin J. (2024-01-02).""The Rosa Parks of the trans bathroom debate": Gavin Grimm and the racialization of transgender civil rights".Quarterly Journal of Speech.110 (1):51–73.doi:10.1080/00335630.2023.2259963.ISSN 0033-5630.
  11. ^Clifton, Michael-James; Rab, Suzanne; Scorey KC, David, eds. (2024).Building Bridges in European and Human Rights Law: Essays in Honour and Memory of Paul Heim CMG (1 ed.). Hart Publishing.doi:10.5040/9781509952618.0015.ISBN 978-1-5099-5261-8.
  12. ^Piazza, James (2024-04-02)."Intolerance of non-Muslim political rights and engagement in political violence: a study of public opinion in 11 Arab countries".Behavioral Sciences of Terrorism and Political Aggression.16 (2):212–226.doi:10.1080/19434472.2022.2061570.ISSN 1943-4472.
  13. ^Mustafa, Dr. Ghulam; Ahmad, Tooba; Arslan, Muhammad (2021-09-27)."An Analysis of Family Laws of Religious Minorities in Pakistan".Pakistan Journal of International Affairs.4 (3).doi:10.52337/pjia.v4i3.239.ISSN 2664-360X.
  14. ^Regilme, Salvador Santino F. Jr. (3 October 2014). "The Social Science of Human Rights: The Need for a 'Second Image Reversed'?".Third World Quarterly.35 (8):1390–1405.doi:10.1080/01436597.2014.946255.S2CID 143449409.
  15. ^House Bill 4Archived 2012-10-01 at theWayback Machine
  16. ^Robert Book (March 23, 2012)."TheReal Broccoli Mandate".Forbes. Archived fromthe original on March 28, 2012. RetrievedSeptember 15, 2013.
  17. ^Meredith Bragg & Nick Gillspie (June 21, 2013)."Cheese Lovers Fight Idiotic FDA Ban on Mimolette Cheese!".Reason.Archived from the original on September 25, 2013. RetrievedSeptember 15, 2013.
  18. ^Jessica Flanigan (July 26, 2012)."Three arguments against prescription requirements".Journal of Medical Ethics.38 (10):579–586.doi:10.1136/medethics-2011-100240.PMID 22844026.Archived from the original on December 25, 2016. RetrievedSeptember 14, 2013.
  19. ^Kerry Howley (August 1, 2005)."Self-Medicating in Burma: Pharmaceutical freedom in an outpost of tyranny".Reason.Archived from the original on April 29, 2013. RetrievedSeptember 14, 2013.
  20. ^Daniel Schorn (February 11, 2009)."Prisoner Of Pain".60 Minutes.Archived from the original on November 4, 2012. RetrievedSeptember 15, 2013.
  21. ^Emily Dufton (Mar 28, 2012)."The War on Drugs: Should It Be Your Right to Use Narcotics?".The Atlantic.Archived from the original on February 19, 2019. RetrievedSeptember 13, 2013.
  22. ^Doug Bandow (2012)."From Fighting the Drug War to Protecting the Right to Use Drugs – Recognizing a Forgotten Liberty"(PDF).Towards a Worldwide Index of Human Freedom. Chapter 10. Fraser Institute. pp. 253–280. Archived fromthe original(PDF) on 2015-09-24.
  23. ^Thomas Szasz (1992).Our Right to Drugs: The Case for a Free Market. Praeger.ISBN 9780815603337.
  24. ^"Signatures to the Seneca Falls Convention 'Declaration of Sentiments'". American History Online, Facts On File, Inc.
  25. ^Cullen-DuPont, Kathryn. "Declaration of Rights and Sentiments".Encyclopedia of Women's History in America, 2nd ed. New York: Facts On File, Inc., 2000. American History Online.[ISBN missing][page needed]
  26. ^Adam Roberts andTimothy Garton Ash (eds.),Civil Resistance and Power Politics: The Experience of Non-violent Action from Gandhi to the PresentArchived 2023-08-20 at theWayback Machine, Oxford University Press, 2009. Includes chapters by specialists on the various movements.
  27. ^Domaradzki, Spasimir; Khvostova, Margaryta; Pupovac, David (2019-12-01)."Karel Vasak's Generations of Rights and the Contemporary Human Rights Discourse".Human Rights Review.20 (4):423–443.doi:10.1007/s12142-019-00565-x.ISSN 1874-6306.
  28. ^"Types and Generations of Human Rights".faculty.chass.ncsu.edu.Archived from the original on 2020-11-04. Retrieved2020-10-30.
  29. ^"About the ACLU".American Civil Liberties Union.Archived from the original on 2021-01-25. Retrieved2020-10-26.
  30. ^"Civil Rights Organizations".The Civil Rights Project at UCLA.Archived from the original on 2017-08-04. Retrieved2020-10-26.

External links

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