Civil and political rights are classes of rights that protect the individual's freedom from abuse by governments, social organizations, and private individuals. They ensure the ability of a person to participate in the civil and political life of the community and the state without discrimination or oppression.
Civil rights include ensuring the integrity, life, and security of the human physical and mental; protection from discrimination on grounds such as race, sex, sexual orientation, gender identity, national origin, color, age, political affiliation, ethnicity, religion and disability; and individual rights such as privacy and freedom of thought, speech, religion, press, assembly, and movement.
Political rights include natural justice (procedural justice) in the law, such as the rights of the accused, including the right to a fair trial; legal proceedings; the right to seek redress or legal remedy; and the right of participation in civil and political society such as freedom of association, the right to assemble, the right to petition, the right to self-defense and the right to vote.
Civil and political rights form the original and major part of international human rights. They consist of the first part of the Universal Declaration of Human Rights of 1948 (with economic, social, and cultural rights comprising the second part). The three-generation theory of human rights regards these rights groups as "first generation rights," and theories of negative and positive rights consider them as generally negative rights.
Video Civil and political rights
History
The phrase "Right to Civil" is a Latin translation of ius civis (citizens' rights). Roman citizens can become free ( libertas ) or slaves ( servitus ), but they all have legal rights. After the Milan Decree in 313, these rights included religious freedom; But at 380, the Thessalonian Decree required all subjects of the Roman Empire to embrace Christian Catholicism. The doctrine of Roman law was lost during the Middle Ages, but the claim of universal rights can still be made on the basis of Christian doctrine. According to the leaders of the Kett Rebellion (1549), "all bonding men can be set free, for God makes everything free with the shedding of precious blood."
In the seventeenth century, British general law judge Sir Edward Coke reinvigorated the idea of ​​citizenship rights by claiming that the English had historically enjoyed those rights. The British parliament adopted the British Bill of Rights in 1689. This was one of the influences drawn by George Mason and James Madison when drafting the Virginia Declaration of Rights in 1776. The Virginia statement is an ancestral and direct model for the US Bill. of Rights (1789).
Elimination by civil rights law is a "civil disability". At the beginning of the 19th century England, the phrase "civil rights" most often refers to such legal discrimination issues against Catholics. In the DPR support for civil rights is shared, with many politicians agreeing with the existing civil disability of Catholics. The Roman Catholic Relief Act of 1829 restored their civil rights.
In the 1860s, Americans adapted this use to newly released blacks. Congress ratified civil rights actions in 1866, 1871, 1875, 1957, 1960, 1964, 1968, and 1991.
Maps Civil and political rights
Protection rights
T. H. Marshall notes that civil rights including the first are recognized and codified, followed later by political rights and still later by social rights. In many countries, they are a constitutional right and are included in bill of rights or similar documents. They are also defined in international human rights instruments, such as the Universal Declaration of Human Rights of 1948 and the 1967 International Covenant on Civil and Political Rights.
Civil and political rights need not be codified to be protected, although most democracies around the world do have formal written guarantees on civil and political rights. Civil rights are regarded as natural rights. Thomas Jefferson writes in his book The British Summary of American Rights that "free men [claim] their rights as derived from natural law, and not as a gift of their chief judge."
The question of who the civil and political rights apply is the subject of controversy. In many countries, citizens have greater protection against rights violations than non-citizens; at the same time, civil and political rights are generally regarded as universal rights applicable to all.
According to political scientist Salvador Santino F. Regilme Jr., analyzing the causes and lack of protection from human rights violations in Global South should focus on the interaction of domestic and international factors - an important perspective that is usually systematically ignored. in social science literature.
More rights
Custom also plays a role. The implied or unspecified rights are the rights which the court may find even though it is not expressly guaranteed by written law or practice; One example is the right to privacy in the United States, and the Ninth Amendment explicitly indicates that there are other rights that are also protected.
The United States Declaration of Independence states that people have inalienable rights including "Life, Freedom, and the pursuit of Happiness". It is considered by some that the only purpose of government is the protection of life, liberty and property.
The idea of ​​self-possession and cognitive freedom affirms the right to choose the food one eats, the medicine taken, the forced habit.
Social movement for civil rights
Civil rights guarantee equal protection under the law. Where civil and political rights are not guaranteed to all as part of equal legal protection, or where such assurances are on paper but are not respected in practice, controversy, legal action and even social unrest may occur.
Some historians argue that New Orleans is the birthplace of the civil rights movement in the United States, due to the Creole's early efforts to integrate the military in mass. W.C.C. Claiborne, appointed by Thomas Jefferson to become the governor of the Orleans Territory, formally accepted the sending of the French colony on December 20, 1803. The free-colored people had been members of the militia for decades under Spanish and French control over the Louisiana colony. They offered their services and pledged loyalty to Claiborne and to their newly adopted country.
However, in early 1804, the new US administration in New Orleans, under Governor Claiborne, faced a previously unknown dilemma in the United States, namely military integration by incorporating all previously formed "color" militia units. See, for example, February 20, 1804 letter to Claiborne of the War Secretary Henry Dearborn that "it would be wise not to increase the Corps, but to reduce, if it can be done without giving offense".
The civil rights movement in the United States was collected in 1848 with documents such as the Sentiment Declaration. Conscious models after the Declaration of Independence, the Declaration of Rights and Sentiments became the founding documents of the American women's movement, and were adopted at the Seneca Falls Convention, July 19 and 20, 1848.
Around the world, several political movements for equality before the law occurred between about 1950 and 1980. These movements have legal and constitutional aspects, and resulted in many national and international law-making. They also have an activist side, especially in situations where rights violations are widespread. Movements with the aim of proclaiming to secure adherence to civil and political rights include:
- the civil rights movement in the United States, where the rights of blacks have been violated;
- The Northern Irish Civil Rights Association, formed in 1967 after the failure in the British province to honor the rights of the Roman Catholic minority; and
- movements in many Communist countries, such as the Prague Spring and Charter 77 in Czechoslovakia and the uprising in Hungary.
Most civil rights movements rely on civil defense techniques, using nonviolent methods to achieve their goals. In some countries, the struggle for civil rights is accompanied, or followed, by civil unrest and even armed insurrection. While the civil rights movement over the past sixty years has resulted in an expansion of civil and political rights, the process is long and weak in many countries, and many of these movements do not achieve or fully achieve their goals. There is currently an ongoing nonviolent Civil Rights Movement. This is called knee picking and is started by NFL athlete Colin Kaepernick. People of every race and nationality participate in it.
Problems and analysis
Questions about civil and political rights often arise. For example, to what extent does the government intervene to protect individuals from violating their rights by other individuals, or from the company - for example, in what ways does job discrimination in the private sector be addressed?
Political theory deals with civil and political rights. Robert Nozick and John Rawls proclaim a competitive vision in Nozick's Anarchy, State, and Utopia and Rawls' A Theory of Justice. Other influential authors in the field include Wesley Newcomb Hohfeld, and Jean Edward Smith.
First generation rights
The rights of the first generation, often called "purple" rights, basically deal with freedom and participation in political life. They are essentially civil and political, and highly individualistic: They serve negatively to protect individuals from state excesses. First generation rights include, inter alia, free speech, the right to fair trials, (in some countries) the right to keep and bear arms, freedom of religion and voting rights. They were pioneered in the United States by the Bill of Rights and in France by the Declaration of Human and Citizen Rights in the 18th century, although some rights and rights to date of legal proceedings returned to Magna Carta of 1215 and the Rights of the English expressed in the English Bill of Rights in 1689.
They are immortalized at the global level and granted status in the first international law by Articles 3 through 21 of the Universal Declaration of Human Rights 1948 and later in the International Covenant 1966 on Civil and Political Rights. In Europe, they were enshrined in the European Convention on Human Rights in 1953.
The civil rights movement is a struggle for social justice that occurred especially during the 1950s and 1960s for blacks to gain equal rights under the law in the United States. In 1868, the 14th amendment to the constitution gave blacks the same protection under the law. In the 1960s, Americans who only knew the potential of "equal legal protection" were expecting the president, the Congress, and the courts to fulfill the promise of the 14th Amendment.
See also
Martin Luther King Jr.
References
External links
- Altman, Andrew. "Civil rights". In Zalta, Edward N. Stanford Encyclopedia of Philosophy .
- Martin Luther King, Jr. and the Global Freedom Struggle ~ online multimedia encyclopedia presented by the King Institute at Stanford University, including information on more than 1,000 civil rights figures, events and organizations,
- EncyclopÃÆ'Â|dia Britannica: Articles on the Civil Rights Movement
- Channel History: Civil Rights Movement
- Civil Rights: Beyond Black & amp; White - slideshow by Life magazine
- Civil Rights in America: Connection to Movement
- Civil rights during the Eisenhower Administration, Presidential Library Dwight D. Eisenhower
- Categories of Human Rights in the Philippines, from Gancayco Balasbas & amp; Associates Law Offices
Source of the article : Wikipedia
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