Individual rights form the foundation of our legal system, representing the concepts of personal liberty, equality, and independence. These rights are protected by two fundamental concepts: civic liberties and civil rights. While both play an important role in defending our liberties, they serve different functions and address different parts of justice.

But what happens if these rights are violated? Understanding the distinction between civil liberties and civil rights is critical while negotiating situations of injustice. In this blog, we’ll look at the fundamental differences between civil liberties and civil rights, the importance of each in protecting your freedoms, and what you may do if your rights are violated. Most importantly, we’ll talk about how having an expert civil rights attorney on your side is crucial to achieving justice and accountability.

Civil Rights & Civil Liberties

(people protesting against civil rights violations)

 

Civil rights and civil liberties are frequently stated simultaneously, yet they have separate meanings and perform different functions in protecting individuals. Both are necessary to provide justice and fairness in our society, but understanding their distinctions clarifies how they work and why they are important.

Civil Liberties

Individuals’ civil liberties are fundamental freedoms guaranteed by the Constitution and the Bill of Rights. These rights are intended to safeguard individuals against government overreach and promote personal independence. Here are few examples: 

  • Freedom to Marry: The right to marry whomever you want, regardless of gender, race, or background, is a fundamental liberty protected by decisions such as Obergefell v. Hodges, which legalized same-sex marriage in the United States.
  • Unreasonable Searches: The Fourth Amendment protects citizens from unwarranted government intrusion into their homes, personal property, or digital devices. For example, law officials must acquire a warrant before searching your home, unless there are particular exceptions.
  • Right to Silence: The Fifth Amendment protects you against self-incrimination. This means you can’t be coerced to testify against oneself in a criminal trial.
  • Right to an Attorney: If you are accused of a crime, the Sixth Amendment guarantees you the right to legal representation, regardless of your financial circumstances. 
  • Right to a Fair Trial: The Sixth Amendment also guarantees that every individual is entitled to a speedy and impartial trial. This protects against unfair treatment and ensures justice is served.

Civil Rights

(civil rights)

 

Civil rights, on the other hand, seek to provide equal treatment and protect persons from discrimination based on specified traits. These safeguards are frequently imposed by federal legislation and court rulings. Examples include:

  • Protection in employment: Civil rights laws ban employment discrimination based on race, religion, gender, age, or disability. Employers, for example, cannot refuse to promote a qualified employee solely on the basis of gender or ethnicity.
  • Equal Access to Housing: The Fair Housing Act ensures that no one is denied the right to rent or buy a home because of their race, religion, sexual orientation, or disability.
  • Educational Opportunities: Civil rights laws require that all students, regardless of background, have access to a decent education. Schools are not allowed to segregate children or deny resources based on race or disability.
  • Access to Public Spaces: Civil rights ensure that everyone has equal access to public facilities including libraries, parks, and transportation systems, free of discrimination based on race, disability, or other protected characteristics.
  • Protection From Harassment: Individuals are protected from discriminatory harassment in the workplace, schools, and other public places, including acts that target someone’s religion, gender identity, or ethnicity.

Understanding and protecting civil liberties and rights are essential for fostering a fair and just society where everyone is treated equally under the law.

Violations of Civil Rights and Civil Liberties

(women protesting for equality)

 

Civil rights and liberties violations happen when fundamental freedoms or legal protections are denied. These activities, ranging from government overreach to discrimination, impair society’s justice and equality.

Civil Liberty Violations

  • Civil liberties violations occur when constitutional liberties are limited. For example:
  • Arresting someone for nonviolent protest is against their First Amendment right to free expression.
  • Forcing someone to participate in religious rituals that contradict their convictions violates their right to religious freedom.
  • Conducting searches without a legal warrant or sufficient grounds violates the right to privacy.
  • Detaining someone without a legal basis breaches their right to due process. 

Civil Right Violations

  • Civil rights violations happen when people are treated unfairly because of protected characteristics like race or gender. 
  • Examples of workplace discrimination include denying competent candidates employment based on their race or gender.
  • Fair housing regulations forbid discrimination based on race or sexual orientation.
  • Understanding these violations contributes to the defense of individual liberty and ensures justice for all.  

How a Civil Rights Attorney Can Help

Whether your civil rights or freedoms have been violated, having an expert civil rights attorney on your side can make a big difference. These legal experts specialize in defending your rights and fighting for justice, even in the most difficult circumstances.

At Kirakosian Law, we are committed to defending those who have been harmed, whether by government overreach, law enforcement wrongdoing, workplace discrimination, or another type of injustice. Civil rights are the foundation of a just and equitable society, and we are dedicated to protecting these principles for all. 

If you believe your civil rights or liberties have been violated, do not hesitate to contact us. Please contact Kirakosian Law to discuss your situation. Together, we will fight to safeguard your rights and bring justice. Justice is more than a goal for Kirakosian Law; it is a guarantee.