Is there a difference between human rights and civil rights?

Many people are curious about the differences between human rights and civil rights, and in many cases, the lines are sufficiently blurred that it may be difficult to see the differences. If you’re a citizen of the United States, both your human and civil rights are protected by law. There have been almost two and a half centuries of constitutional and case law expanding the rights of individuals to become all-encompassing.

What are human rights?

Human rights are considered to be the most fundamental of rights. The Declaration of Independence refers to “life, liberty, and the pursuit of happiness” as fundamental rights. But in a more specific sense, human rights include:

• The right to live
• The right to access to educational materials
• Freedom from slavery
• The right to move about freely
• The right to be free from torture
• Freedom of expression

In totalitarian dictatorships, like North Korea, these rights don’t exist, but it’s not always an oppressive government that’s responsible for oppression. Many underdeveloped countries are at the mercy of tribal warlords who oppress personal freedoms. Human rights are generally thought of as the most fundamental rights. They include the right to life, education, protection from torture, free expression. There are some unfortunate times when a person faces police harassment and in this situation, you will need one lawyer with experience in police brutality cases to fight the case for you.

The Universal Declaration of Human Rights was adopted in 1948 by the UN general assembly and establishes a baseline for human rights.

Civil Rights

Closely related to human rights are civil rights. Civil rights are the result of constitutional protections or other legislation. The U.S. Constitution and its amendments bestow rights among citizens and other protected parties. Some of these include freedom of speech, the right to be free of illegal search and seizure by the government, and the right to due process. Many of these rights are also human rights, but they are protected under the law.

Rights Violations in the United States

If you watch the news or follow social media, you can see examples of civil rights violations committed by the government on a daily basis. Many of these incidents involve the overreach of the police. These can happen on a broad or narrow scale. Some of the more common civil rights violation that law enforcement officers are accused of include:

• Unlawful Use of Force (Police Brutality) – Officers are required to follow guidelines when it comes to the use of force on any subject, regardless of the crime,
• Illegal Stops – Police need a legally valid reason to stop you. They cannot just claim that you appeared to be “suspicious.” You also have a right to know why you are being stopped.
• Illegal Search – Police officers cannot search you, your property, your vehicle or your cellphone without a warrant unless a warrant exception exists. If they do, they risk losing any evidence they discover and open themselves up to liability.
• Coercion – Any statements that you make must be of your own volition. Police aren’t allowed to threaten you or otherwise coerce a statement from you.
• The Right to Assemble – People have the right to peacefully assemble in public spaces. In recent years, there have been dozens of examples of police clearing otherwise peaceful protests.

If you believe that your civil rights have been violated, you may have a case. In Atlanta, the Stewart Trial Attorneys would like to hear your story.