Civil Rights and Civil Liberties Chapter 8-9 Test Review Guide Answers
Civil Rights vs. Ceremonious Liberties
"Civil rights" and "ceremonious liberties" are terms that are often used synonymously, interchangeably, but the terms are really very distinct. Civil liberties are freedoms guaranteed to the states past the Constitution to protect us from tyranny (recall: our freedom of spoken communication), while ceremonious rights are the legal rights that protect individuals from discrimination (think: employment discrimination).
You lot take the right to remain silent. You have the right to a fair court trial. You as well accept the right to vote and the correct to privacy. Americans are very familiar with these rights, but are they considered civil rights or civil liberties? This article explores the differences between civil rights and civil liberties, with specific laws corresponding to each term.
Ceremonious Rights
Ceremonious rights business organization the basic correct to exist gratuitous from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such every bit employment, education, housing, and access to public facilities. A civil rights violation occurs in designated situations where an private is discriminated against on the ground of a protected characteristic. Most civil rights laws are established through the federal authorities via federal legislation or case constabulary.
Civil Liberties
Civil liberties concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Beak of Rights and the Constitution, or interpreted or inferred through the years past legislatures or the courts.
Ceremonious liberties include:
- The correct to gratis speech
- The right to privacy
- The right to remain silent in a police interrogation
- The right to be free from unreasonable searches of your home
- The right to a fair court trial
- The right to marry
- The right to vote
Civil Rights v. Civil Liberties
The law differentiates betwixt civil rights, which ways the basic right of freedom from discrimination based on certain personal characteristics such every bit gender, race, or disability, and civil liberties which are basic freedoms. Ceremonious liberties business the bodily basic freedoms; civil rights concern the treatment of an individual regarding certain rights. Dissimilar civil liberties, where individuals savour broad-based rights, civil rights contain a protective aspect of those rights based on certain characteristics.
1 mode to consider the departure between civil rights and ceremonious liberties is to look at 1) what right is affected, and ii) whose right is afflicted.
For example, as an employee, you lot exercise not have the legal right to a promotion, mainly because getting a promotion is non a guaranteed "civil freedom." However, as a female employee you do accept the legal right to be free from discrimination in being considered for that promotion -- y'all cannot legally exist denied the promotion based on your gender (or race, or disability, etc.). By choosing non to promote a female person worker solely because of the employee's gender, the employer has committed a civil rights violation and has engaged in unlawful employment discrimination based on sex or gender.
Hither'due south another example: the right to marry is a civil liberty, while gay spousal relationship is a civil rights matter. If a couple (either same-sex or contrary-sexual practice) is denied a spousal relationship license considering the court clerk has decided not to issue them at all, then their civil liberties have been violated. Only if the clerk denied marriage licenses only to LGBT couples, information technology is a civil rights violation.
Contact a Civil Rights Attorney for Help with Your Legal Claim
Knowing the difference betwixt ceremonious rights and ceremonious liberties tin can aid to determine whether you have a civil rights claim. If you believe your civil rights have been violated, consider speaking with a ceremonious rights chaser near you to better understand your legal options.
Source: https://www.findlaw.com/civilrights/civil-rights-overview/civil-rights-vs-civil-liberties.html
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