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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 civil rights of an individual.

Civil Rights

Right to Life, Liberty, and Security:

The right to life, liberty and security of person is made up of three distinct but strongly interconnected elements.  Article 21 of the Indian Constitution talks about this right.

  • The right to life is one of the most fundamental human rights enshrined in international law. It is basic to all human rights, and without it all other rights are without meaning. The term ‘life’ has been interpreted widely by courts internationally to include the right to livelihood, health, education, environment and dignity.
  • The right to liberty protects the physical liberty of the person through a cluster of interrelated rights like the right not to be deprived of liberty except on such grounds and in accordance with such procedures as are established by law, the right not to be arbitrarily arrested, detained or exiled, the right to be secure from unreasonable search and seizure, including of the person, the right to be free from torture and cruel, inhumane and degrading treatment.
  • The right to security is closely associated with the right to liberty. The right to security includes national and individual security. National security is how the State protects the physical integrity of its citizens from external threats, such as invasion, terrorism, and biosecurity risks to human health. Individual security is how the State protects the physical integrity of its citizens from abuse by official authorities and other citizens.
Provisions in International Laws and Conventions:
  • Article 3 of the Universal Declaration of Human Rights talks about the right of everyone to “…life, liberty and security of person…”
  • Article 9 of the Universal Declaration of Human Rights forbids “…arbitrary arrest, detention or exile.” These provisions are of great importance for mentally disabled persons who are subject to unlawful detention.
  • Article 8 of the International Covenant on Civil and Political Rights states “… except on such ground and in accordance with such procedures as are established by law…”
  • Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms speaks of the basic principles of right to liberty and security of the person at a regional level.
  • Article 7 of the American Convention on Human Rights and article 6 of the African Charter on Human and Peoples’ Rights talks about this right.

Right to Equal Protection Before the Law:

Equal protection means the right to equal treatment in similar circumstances, both in the privileges conferred and in the liabilities imposed. Equal protection of the laws means that amongst equals the law should be equal and should be equally administered and the likes should be treated alike. Thus, the principle forbids a discrimination between persons who are substantially in similar circumstances or conditions. It does not forbid different treatment for unequal. Article 14 of the Indian Constitution talks about equality before law and equal protection by law.

Provisions in International Laws and Conventions:
  • Article 6 of the Universal Declaration of Human Rights proclaims the right of everyone to be recognised as a person before the law. It focuses on the legal position of the individual.
  • Article 7 of the Universal Declaration of Human Rights recognises the right to equality before the law and to the equal protection of the law without discrimination.
  • The International Covenant on Civil and Political Rights speaks in article 16 of the rights of every person to recognition as a person before the law.
  • Article 26 of the International Covenant on Civil and Political Rights develops that statement stating that the law shall prohibit any discrimination and guarantee effective protection against discrimination. Even if disability is not expressly included in the grounds belonging to the article, it can be included under other status.
  • Article 24 of the American Convention on Human Rights states the right to equal protection.
  • Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms deals with equality before the Convention, and the prohibition of any discrimination in the enjoyment of the rights and freedoms set forth in this Convention.

Right to Privacy:

There is no definition of the word ‘privacy’ in the law. According to Black’s Law Dictionary right of privacy includes the “right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned. It can be considered as a human right enjoyed by every human being by virtue of his or her existence. It includes bodily integrity, personal autonomy, informational self-determination, protection from state surveillance, dignity, confidentiality, compelled speech and freedom to dissent or move or think. Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”.  Article 21 of the Indian Constitution is analysed in different lights by the Supreme Court to define meaning of privacy in different circumstances.

Provisions in International Laws and Conventions:
  • Article 12 of Universal Declaration of Human Rights states that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence nor to attack upon his honour and reputation. Everyone has the right to protection of the law against such interference or attacks.”
  • Article 17 of International Covenant of Civil and Political Rights (to which India is a party) states “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home and correspondence, nor to unlawful attacks on his honour and reputation”
  • Article 11 of the American Convention on Human Rights states the right to privacy for everyone and the right to have one’s dignity recognised. Article 11 (2) prohibits any arbitrary or abusive interference with the private life, the home, or the correspondence.
  • Article 8 of European Convention on Human Rights states “Everyone has the right to respect for his private and family life, his home and his correspondence; there shall be no interference by a public authority except such as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals or for the protection of the rights and freedoms of others.”

Freedom of movement:

Everyone has the right to freedom of movement and residence within the borders of each State, the right to leave any country and to return to any country, and to seek and enjoy asylum from persecution in other countries.

Provisions in International Laws and Conventions:
  • Article 12 of the International Covenant on Civil and Political Rights talks of this freedom with restrictions “…provided by law, necessary to protect national security, public order, public health or morals on the rights and freedom of others.”
  • The right to freedom of movement is also included in general terms in article 3 of the Universal Declaration of Human Rights.
  • Articles 5, 8, and 39 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families contains provision of this right.

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 an incitement to discrimination, hostility or violence.

Freedom of Conscience and Religion:

All persons have the right to think freely, and to entertain ideas and hold positions based on conscientious or religious or other beliefs. Subject to certain limitations, persons also have the right to demonstrate or manifest religious or other beliefs, by way of worship, observance, practice and teaching.

Provisions in International Laws and Conventions:
  • Article 18 of the Universal Declaration of Human Rights confers that everyone shall have the right to freedom of religion. This right includes freedom to change one’s religion or belief, and freedom to manifest one’s religion or belief.
  • Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms confers the right to freedom of religion.
  • Article 12 of the American Convention on Human Rights and the African Charter on Human and Peoples’ Rights guarantees free practice of religion (article 8).
  • Article 18 of the International Covenant on Civil and Political Rights lays down that the right of conscience and religion shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

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.

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. 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.

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