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Civil and political rights are a class of
rights Rights are legal, social, or ethical principles of 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 convention, or ethical theory ...
that protect individuals' freedom from infringement by
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 ...
s,
social organization In sociology, a social organization is a pattern of relationships between and among individuals and social groups. Characteristics of social organization can include qualities such as sexual composition, spatiotemporal cohesion, leadership, s ...
s, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
without discrimination or repression. Civil rights include the ensuring of peoples' physical and mental integrity,
life Life is a quality that distinguishes matter that has biological processes, such as Cell signaling, signaling and self-sustaining processes, from that which does not, and is defined by the capacity for Cell growth, growth, reaction to Stimu ...
, and
safety Safety is the state of being "safe", the condition of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings There are two slightly dif ...
; protection from discrimination on grounds such as
sex Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones ( ova, of ...
,
race Race, RACE or "The Race" may refer to: * Race (biology), an informal taxonomic classification within a species, generally within a sub-species * Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
,
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
,
national origin National origin is the nation where a person was born, or where that person's ancestors came from. It also includes the diaspora of multi-ethnic states and societies that have a shared sense of common identity identical to that of a nation while ...
,
color Color (American English) or colour (British English) is the visual perceptual property deriving from the spectrum of light interacting with the photoreceptor cells of the eyes. Color categories and physical specifications of color are assoc ...
,
age Age or AGE may refer to: Time and its effects * Age, the amount of time someone or something has been alive or has existed ** East Asian age reckoning, an Asian system of marking age starting at 1 * Ageing or aging, the process of becoming older ...
,
political affiliation A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or pol ...
, ethnicity, social class,
religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
, and
disability Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, ...
; and
individual rights Group rights, also known as collective rights, are rights held by a group '' qua'' a group rather than individually by its members; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which ...
such as privacy and the freedom of thought, speech,
religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
,
press Press may refer to: Media * Print media or news media, commonly called "the press" * Printing press, commonly called "the press" * Press (newspaper), a list of newspapers * Press TV, an Iranian television network People * Press (surname), a fam ...
,
assembly Assembly may refer to: Organisations and meetings * Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions * General assembly, an official meeting of the members of an organization or of their representa ...
, and movement. Political rights include
natural justice In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general c ...
(procedural fairness) in
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, 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 A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its ...
; and rights of
participation Participation or Participant may refer to: Politics *Participation (decision making), mechanisms for people to participate in social decisions *Civic participation, engagement by the citizens in government *e-participation, citizen participation ...
in
civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.politics Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that stud ...
such as
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...
, the
right to assemble Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
, the
right to petition The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals. In Europe, Article 44 of the Charter of Fundamental Rights of ...
, the
right of self-defense The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one' ...
, and the
right to vote Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
. Civil and political rights form the original and main part of international human rights. 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.


History

The phrase "civil rights" is a translation of Latin ''jus civis'' (right of the citizen). Roman citizens could be either free (''libertas'') or servile (''servitus''), but they all had rights in law. After the Edict of Milan in 313, these rights included the freedom of religion; however, in 380, the Edict of Thessalonica required all subjects of the Roman Empire to profess Catholic Christianity.Fahlbusch, Erwin and Geoffrey William Bromiley, ''The encyclopedia of Christianity'', Volume 4, p. 703. 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 of Kett's Rebellion (1549), "all bond men may be made free, for God made all free with his precious blood-shedding." In the 17th century, English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed Rights of Englishmen, such rights. The Parliament of England adopted the English Bill of Rights in 1689. It was one of the influences drawn on by George Mason and James Madison when drafting the Virginia Declaration of Rights in 1776. The Virginia declaration is the direct ancestor and model for the U.S. Bill of Rights (1789). 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 the House of Commons of the United Kingdom, House of Commons support for civil rights was divided, with many politicians agreeing with the existing civil disabilities of Catholics. The Roman Catholic Relief Act 1829 restored their civil rights. In the United States, the term civil rights has been associated with the civil rights movement (1954-1968), which fought against racism.


Protection 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. However, most Democracy, democracies worldwide do have formal written guarantees of civil and political rights. Civil rights are considered to be Natural and legal rights, natural rights. Thomas Jefferson wrote in his ''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." The question of to whom civil and political rights apply is a subject of controversy. Although in many countries citizens have greater protections against infringement of rights than non-citizens, civil and political rights are generally considered to be universal rights that apply to all persons. 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.


Other rights

Custom (law), 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, and the Ninth Amendment to the United States Constitution, Ninth Amendment explicitly shows that there are other rights that are also protected. The United 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. Some thinkers have argued that the concepts of self-ownership and cognitive liberty affirm rights to choose the food one eats, the Self-medication, medicine one takes, and the Recreational drugs, habit one indulges.


Social movements for civil rights

Civil rights guarantee equal protection under the law. When civil and political rights are not guaranteed to all as part of equal protection of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
s, or when such guarantees exist on paper but are not respected in practice, opposition, legal action and even Rebellion, social unrest may ensue. Civil rights movements in the United States gathered steam by 1848 with such documents as the Declaration of Sentiment. Consciously modeled after the United States Declaration of Independence, 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. Worldwide, several political movements for equality 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: * the civil rights movement in the United States, where rights of black citizens had been violated; * the Northern Ireland Civil Rights Association, formed in 1967 following failures in this province of the United Kingdom to respect the Roman Catholic minority's rights; and * movements in many Communist countries, such as the Prague Spring and Charter 77 in Czechoslovakia and the uprisings in Hungary. Most civil rights movements relied on the technique of civil resistance, using nonviolent methods to achieve their aims. 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 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

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.


First-generation rights

First-generation rights, often called "blue" rights, deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature, as well as strongly individual and group rights, individualistic: They serve negative and positive rights, negatively to protect the individual from excesses of the state. First-generation rights include, among other things, freedom of speech, the right to a fair trial, (in some countries) the right to keep and bear arms, freedom of religion, freedom from discrimination, and voting rights. They were pioneered in the seventeenth and eighteenth-century during the Age of Enlightenment. Political theories associated with the English, American, and French revolutions were codified in the English Bill of Rights in 1689 (a restatement of Rights of Englishmen, some dating back to Magna Carta in 1215) and more fully in the French Declaration of the Rights of Man and of the Citizen in 1789 and the United States Bill of Rights in 1791. They were enshrined at the global level and given status in international law first by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later in the 1966 International Covenant on Civil and Political Rights. In Europe, they were enshrined in the European Convention on Human Rights in 1953.


Civil and political rights organizations

. There are current organizations that exist to protect people's civil and political rights in case they are infringed upon. The ACLU, founded in 1920, is a well-known non-profit organization that helps to preserve freedom of speech and works to change policy. Another organization is the NAACP, 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 the AFL-CIO, which is America's union that represent the working-class people nationwide.


See also


References


External links


Abbott, Lewis F. Defending Liberty: The Case for a New Bill of Rights. (2019). ISR/Google Books.
*
Martin Luther King, Jr. and the Global Freedom Struggle
~ an online multimedia encyclopedia presented by the King Institute at Stanford University, includes information on over 1000 civil rights movement figures, events and organizations
Encyclopædia Britannica: Article on Civil Rights Movement

The History Channel: Civil Rights Movement

Civil Rights: Beyond Black & White
– slideshow by ''Life magazine''
Civil rights during the Eisenhower Administration, Dwight D. Eisenhower Presidential Library
{{Authority control Civil rights and liberties, Human rights concepts Identity politics Rights