Civil and political rights
Appearance
Ininternational law,civil and political rightsare thoserightsa person has over their ownautonomy(civil) and their right to have a part in theirgovernment(political).[1]Civil and political rights are guaranteed to every person by theUniversal Declaration of Human Rights(UDHR) and theInternational Covenant on Civil and Political Rights(ICCPR).[2]
Civil rights[change|change source]
Universal civil rights include:[1]
- Theright to life- Everyhuman beinghas right to their life. It is protected bylawand no one has a right to take another person's lifearbitrarily.[3]This means without a legal reason.
- Theright to a fair trial- Every person has a right to a fair trial.[4]They have the right to be equal before courts and tribunals.[4]They have a right to a fair and public trial before a competent and impartial court.[4]
- Thefreedom from torture- Every person has the right to be free from torture.[5]They have the right to be free of cruel, inhuman or degrading treatment or punishment.[5]
- Thefreedom of speech- Article 19 of the ICCPRguaranteesthe right tofree expression.But it is aderogable right,meaning it can beregulatedif that regulation serves a vital public interest.[6]An example is theUS Supreme CourtJusticeOliver Wendell Holmes, Jr.in the caseSchenck v. United States(1919). The case was about limiting free speech duringwartimeto serve the greater good. He is famously quoted as saying: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."[6]
- Theright to privacy- Article 17 of the ICCPR protects all persons from anyinterference,unlawfulorarbitrary,with their "privacy, family, home orcorrespondence."[7]
- The rights oflibertyandsecurity- Article 9(1) of the ICCPR uses the expression "Liberty and security of the person."[8]It says no one may be arbitrarilyarrestedor detained. No one may havetheir libertytaken away except bylawful process.[8]
- Theright of asylum- When the UDHR was first drafted, one of the rights granted was the right to enjoy asylum. This status right was included with the right to a nationality and the right to be recognized before the law.[9]
- The rightswere made in 1964 by President Lyndon B. Johnson.
Political rights[change|change source]
Political rights include:
- The right tonatural justice- Includes the principals of a fair hearing. It is also calledAudi alteram partem.[10]Latinfor "hear the other side".[11]
- The right todue process- The right to due process incriminal proceedingsunder the law.[12]Currently it is not a derogable right[12](see freedom of speech above).
- The right to seeklegal redress- This is a right all people have to the court system. It is the right to bring alawsuitagainst another person,organizationorgovernment.
- The right toPolitical participation- A right granted UDHR.[9]It states: "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."[13]
- Theright to assemble- Theright of assemblyis provided by the UDHR.[13]It says: "Everyone has the right to freedom of peaceful assembly and association". It adds: "No one may be compelled to belong to an association".[13]
- Theright to petition- This is a right to complain about injustices and to have those complaints heard. Several international conventions provide the right to petition to individuals.[14]
- Theright of self-defense- This applies to persons and is a right to defend themselves against immediate harm. It applies when a person is charged with a crime.[15]It also applies to collective self-defense against attack.[15]
- Theright to vote- This was first granted by the UDHR.[9]The ICCPR expanded this right to include the rights to vote, to beelected,to vote bysecret ballotanduniversal suffrage[3](the right for all adults to vote regardless of race or sex).
References[change|change source]
- ↑1.01.1Zoran Milovanovich."Civil and Political Rights".The Lincoln University. Archived fromthe originalon 26 October 2015.Retrieved29 October2015.
- ↑Berta E. Hernandez-Truyol, 'Civil and Political Rights – An Introduction',University of Miami Inter-American Law Review,Vol. 28-1 (January 1, 1997), p. 235
- ↑3.03.1"International Covenant on Civil and Political Rights".United Nations.Retrieved29 October2015.
- ↑4.04.14.2Jixi Zhang, 'Fair Trial Rights in ICCPR',Journal of Politics and Law,Vol. 2, No. 4 (December 2009), p. 39
- ↑5.05.1"The Right to Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment".Icelandic Human Rights Centre.Retrieved29 October2015.
- ↑6.06.1"International Covenant on Civil and Political Rights".Levin Institute, State University of New York. Archived fromthe originalon 18 September 2015.Retrieved29 October2015.
- ↑Steven M. Watt (13 March 2014)."Privacy Rights are Human Rights".American Civil Liberties Union.Retrieved29 October2015.
- ↑8.08.1Dr Alex Conte; Dr Richard Burchill,Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee,Second Edition (Surrey, UK; Burlington, VT: Ashgate Publishing, 1971), p. 111
- ↑9.09.19.2Annemarie Devereux,Australia and the Birth of the International Bill of Human Rights, 1946-1966(Annandale, N.S.W.: Federation Press, 2005), p. 59
- ↑Dr Alex Conte; Dr Richard Burchill,Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee,Second Edition (Surrey, UK; Burlington, VT: Ashgate Publishing, 1971), p. 174
- ↑"Audi Alteram Partem Definition:".Duhaime's Law Dictionary. Archived fromthe originalon 14 September 2007.Retrieved29 October2015.
- ↑12.012.1Roza Pati,Due Process and International Terrorism(Leiden; Boston: Martinus Nijhoff Publishers, 2009), p. 31
- ↑13.013.113.2"Universal Declaration of Human Rights".United Nations.Retrieved29 October2015.
- ↑P Sukumar Nair,Human Rights In A Changing World(Delhi: Kalpaz Publications, 2011), p. 289
- ↑15.015.1Connie de la Vega,Dictionary of International Human Rights Law(Cheltenham, UK: Edward Elgar, 2013), p. 131
Other page[change|change source]
- Civil rights movement(worldwide)
- Civil Rights Movement(in case ofUnited States)