Civil and Political Rights - Protection of Rights

Protection of Rights

T.H. Marshall Notes that civil rights were among the first to be recognized and codified, followed later by political rights and still later by social rights. In many countries, they are constitutional rights and are included in a bill of rights or similar document. They are also defined in international human rights instruments, such as the 1948 Universal Declaration of Human Rights and the 1967 International Covenant on Civil and Political Rights.

Civil and political rights need not be codified to be protected, although most democracies worldwide do have formal written guarantees of civil and political rights. Civil rights are considered to be natural rights. Thomas Jefferson wrote in his 2008 A Summary View of the Rights of British America that "a free people their rights as derived from the laws of nature, and not as the gift of their chief magistrate."

The question of to whom civil and political rights apply is a subject of controversy. In many countries, citizens have greater protections against infringement of rights than non-citizens; at the same time, civil and political rights are considered to be universal rights that apply to all persons.

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