Law and You > Legal Concepts > Human Rights > Political Rights
Human rights can be divided into two broad categories: (a) civil and political rights and (b) social, economic, and cultural rights. Civil and political rights are a class of rights that protect individuals’ freedom from infringement by governments, social organizations, and private individuals, and which ensure one’s ability to participate in the civil and political life of the society and state without discrimination or repression. Civil rights are those which are related to the protection of life and personal liberty. They enable a person to live a dignified life. Civil rights include the right to life, liberty, and security, the right of privacy, freedom of movement, freedom of thought, conscience, and religion. Political rights are those basic rights which allow an individual to participate directly or indirectly in the political activities of the state. Political rights include the right to vote, the right to be elected, the right to take part in public affairs, etc. In this article, we shall discuss the political rights of an individual.
Participation in Political Life:
Everyone has the right to take part in the Government of his country, either directly or indirectly, through freely chosen representatives. The right to elect and to be elected is closely related with the right of political life and it helps everyone to be part of formation and operation of the government without restriction. This right involves fair and periodic elections, declaration of results of election.
Provisions in International Laws and Conventions:
- Article 21 of the Universal Declaration of Human Rights provides that everyone has the right to take part in the Government of his country, either directly or indirectly, through freely chosen representatives. Periodic and genuine elections shall be open to every citizen of the country, with universal and equal suffrage.
- Article 25 of the ICCPR states that every citizen has the right without unreasonable restrictions to take part in the conduct of public affairs, and to vote and be elected at genuine periodic elections. It also requires equal access to public services in the country.
- Article 23 of the American Convention on Human Rights states the right to participate in Government that belongs to every citizen of the country. Article 23 (2) deals with the law regulation of the exercise of this right, only on the basis of age, nationality, residence language, education, civil and mental capacity.
- Article 13 of the African Charter on Human and Peoples’ Rights states that every citizen shall have the right to participate freely in the Government of his country.
- Article 16 of the European Convention on Human Rights protects the political activities of aliens.
Freedom of Expression:
Everyone has the right to freedom of opinion and expression. Freedom of expression refers to the ability of an individual or group of individuals to express their beliefs, thoughts, ideas, and emotions about different issues free from government censorship.
Provisions in International Laws and Conventions:
- Article 19 of the Universal Declaration of Human Rights provides for the liberty of opinion and expression, and consequently the liberty to hold opinions without any interference.
- Article 19 of the International Covenant on Civil and Political Rights reiterated this statement. Article 20 sets out a limitation on freedom of speech. It asks States to forbid any kind of propaganda constituting incitement to discrimination, hostility, or violence.
Access to Information:
Access to information or Freedom of Information (FOI) can be defined as the right to access information held by public bodies. It is an integral part of the fundamental right of freedom of expression.
Provisions in International Laws and Conventions:
- The Universal Declaration of Human Rights states in article 19 that the right to freedom of expression includes the right to seek, receive and impart information.
- Article 19 of the International Covenant on Civil and Political Rights adds that the exercise of this right carries with it special duties and responsibilities.
- Article 13 of the American Convention on Human Rights deals with this right, and 13 (2) prohibits prior censorship and imposes liability.
Right to Freedom of Assembly:
All persons have the right to freedom of peaceful assembly and association, and no one can be compelled to belong to an association. Another aspect of this right constitutes a right to take part in the government of one’s country, directly or through freely chosen representatives. The right to peaceful assembly protects the right of individuals and groups to meet for a common purpose or in order to exchange ideas and information, to express their views publicly and to hold a peaceful protest.
Provisions in International Laws and Conventions:
- Article 20 of the Universal Declaration of Human Rights provides the right.
- Article 21 of the International Covenant on Civil and Political Rights deals with the right of peaceful assembly. It introduces some provisions due to the necessity to protect a democratic system, the interest of national security or public safety, public order, health, morals, and protection of the rights or freedom of others.
- Article 22 of the International Covenant on Civil and Political Rights reiterates the right to freedom of association and provides for the right to join trade unions. It emphasizes the role of trade unions in the defence of the workers and the prevention of all kinds of disabilities due to working conditions.
- Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms provides everyone the right of peaceful assembly and association, and to protect his / her interests. However, it does not explicitly tackle the right to take part in the Government of his / her country, or the right of equal access to public service.
- Article 15 of the American Convention on Human Rights states the right of peaceful assembly and forbids any restrictions as far as it is not imposed in conformity with the law. Article 16 states the right of association for any purpose, and with the exception of legal restrictions necessary in democratic societies.
- Article 11 of the African Charter on Human and Peoples’ Rights provides for the same right of assembly.
Conclusion:
Civil and political rights are a class of rights that protect individuals’ freedom from infringement by governments, social organizations, and private individuals, and which ensure one’s ability to participate in the civil and political life of the society and state without discrimination or repression. Political rights include the right to vote, the right to be elected, the right to take part in public affairs, etc. These rights help individuals to be part in the formation and working of Government.
Related Topics:
- The Universal Declaration of Human Rights
- Characteristics of Human Rights
- Civil Rights
- Economic, Social, and Cultural Rights
- Right of Self-Determination