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Civil and political rights

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Civil and political rights

Civil and political rights are a class of rights that protect individuals' freedom 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.

Civil rights generally include ensuring peoples' physical and mental integrity, life, and safety, protection from discrimination, the right to privacy, the freedom of thought, speech, religion, 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. 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.

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.

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 Nicene Christianity. 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 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 heavily influenced 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, 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. 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. 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.

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