Abstract
Civil and political rights are a class of rights that protect individuals' freedoms from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state without discrimination or repression. Civil rights include the ensuring of peoples' physical and mental integrity, life, and safety; protection from discrimination on grounds such as race, gender, national origin, color, sexual orientation, ethnicity, religion, or disability; and individual rights such as privacy, the freedoms of thought and conscience, speech and expression, religion, the press, assembly, 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.
TopIntroduction
Civil and political rights are two general types of internationally recognized human rights. They provide for the protection of the state (e.g. the right to a fair trial, the presumption of innocence, freedom of speech) and require the state to provide certain legal and political options (e.g. the right to vote, the right to a fair trial by jury). These rights are set out in the International Covenant on Civil and Political Rights and articles 1-21 of the Universal Declaration of Human Rights.
Civil rights can be different in different societies and different eras. It could be:
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The right to the proper application of the law (the right to a fair trial),
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The right to be protected from political and social discrimination (based on gender, religion, race, etc.),
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Political freedoms: freedom of thought, freedom of religion, freedom of speech, freedom of the press, as well as the right to participate in public organizations, the right to vote in elections or seek election (the right to vote), and others.
The idea of civil rights grows from the traditional recognition of human rights (such as equality before the law, freedom of speech, and conscience) to the assertion of political (such as the right to vote in elections) and social (health care, pensions, etc.).
Any restrictions on civil rights based on gender, race, class, or religion are regarded as a violation of the status of a citizen, which is contrary to the norms of democracy.
The personal resolution of disputes arising in connection with the issue of civil rights is the prerogative of the court and is carried out on the principles of constitutional legality (International Covenant on Civil and Political Rights, 1966).
These rights are natural and personal. Natural, civil, and personal rights are one group of rights, which include such rights as the right to life, the right to liberty, personal integrity, and so on. \\Civil rights are natural and personal, or are they different groups of rights? It is impossible to focus on this paragraph in this matter since the first sentence inclines us to believe that this is the same thing, the second delimit them.
Key Terms in this Chapter
Political Rights: The rights that involve participation in the establishment or administration of a government and are usually held to entitle the adult citizen to exercise of the franchise, the holding of public office, and other political activities.
Universal Declaration of Human Rights (UDHR): Is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France.
Natural Rights: Those rights that are not dependent on the laws or customs of any particular culture or government, and so are universal , fundamental , and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights.
Civil Rights: Guarantee equal social opportunities and equal protection under the law, regardless of race, religion, or other personal characteristics. Examples of civil rights include the right to vote, the right to a fair trial, the right to government services, the right to public education, and the right to use public facilities. Civil rights are an essential component of democracy; when individuals are being denied opportunities to participate in political society, they are being denied their civil rights. In contrast to civil liberties, which are freedoms that are secured by placing restraints on government, civil rights are secured by positive government action, often in the form of legislation. Civil rights laws attempt to guarantee full and equal citizenship for people who have traditionally been discriminated against based on some group characteristic. When the enforcement of civil rights is found by many to be inadequate, a civil rights movement may emerge to call for equal application of the laws without discrimination.
Civil Society: A community that embraces shared norms and ethical standards to collectively manage problems without coercion and through peaceful and democratic procedures for decision-making aimed at improving human welfare.
Human Rights: The political rights and civil liberties recognized by the international community as inalienable and valid for individuals in all countries under their humanity.
Legal Rights: Those rights bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights.