Change and Continuity in the Concept of Civil Rights: Thurgood Marshall and Affirmative Action

1991 ◽  
Vol 8 (2) ◽  
pp. 150-171 ◽  
Author(s):  
Mark Tushnet
Keyword(s):  
Civil Rights ◽  
Fourteenth Amendment ◽  
Equal Treatment ◽  
Social Rights ◽  
Clear Understanding ◽  
Political Rights ◽  
Political Actors ◽  
Domains Of Life ◽  
The Right ◽  
Historical Accounts

In analyzing the development of the concept of civil rights since the adoption of the Fourteenth Amendment, two historical accounts seem available. According to the first account, the concept initially encompassed a relatively limited set of rights, associated with the ability of all citizens to engage in the productive activities of the economy and avail themselves of the protection of the legal system. Then the concept gradually expanded to include what had initially been thought of as political rights, such as the right to vote, and then to identify the entire set of rights to equal treatment in all domains of life outside a relatively narrowly-defined private sphere. According to the second account, the concept of civil rights was fuzzy from the outset; although political actors spoke as if they had a clear understanding of distinctions among civil, political, and social rights, close examination of their language shows that the distinctions tended to collapse under slight pressure.

scholarly journals Research Method for Exploring Discourse on the Rights for Religion for Transgender

2018 ◽  
Vol 18 (1) ◽  
pp. 105
Author(s):  
Rr. Siti Kurnia Widiastuti
Keyword(s):  
Life History ◽  
Civil Rights ◽  
Social Life ◽  
Religious Study ◽  
Social Rights ◽  
Political Rights ◽  
Human Beings ◽  
Economic Stability ◽  
Gender Based ◽  
The Right

This paper explores several research methods used by researchers and published in various scientific journals to examine transgender issues in various countries. Transgender individuals are one of the gender-based minorities in social life. They live in uncomfortable conditions. They face life’s problems, which include problems in expressing religious rights, economic stability, and getting professional jobs. Like other human beings, they also have the right as citizens. These rights include civil rights, including religious rights, political rights, and social rights. There are several research methodologies that may be appropriate to be applied in research on transgender-related issues, namely life history, ethnography, phenomenology, feminist approach, textual or hermeneutic interpretation, and case studies.[Tulisan ini mengeksplorasi beberapa metode penelitian yang digunakan oleh para peneliti yang dipublikasikan dalam berbagai jurnal ilmiah untuk meneliti isu-isu transgender di berbagai negara. Para individu transgender merupakan salah satu kelompok minoritas berdasarkan gender di dalam kehidupan bermasyarakat. Mereka hidup dalam kondisi yang tidak nyaman. Mereka menghadapi berbagai problem kehidupan, yang termasuk di dalamnya adalah problem dalam mengekspresikan hak beragama, stabilitas ekonomi, dan mendapatkan pekerjaan profesional. Sebagaimana layaknya manusia lainnya, mereka juga memiliki hak sebagai warga negara. Hak tersebut antara lain adalah hak sipil yang termasuk di dalamnya hak beragama, hak berpolitik, dan hak bersosial. Ada beberapa metodologi penelitian yang mungkin sesuai untuk diterapkan dalam penelitian pada isu-isu yang berkaitan dengan transgender, yaitu sejarah hidup (life history), etnografi, fenomenologi, pendekatan feminis, interpretasi teks atau hermeneutik, dan studi kasus.](This article is based on a preliminary of Dissertation that is written by Rr. Siti Kurnia Widiastuti for an Inter-Religious Study (IRS), Universitas Gadjah Mada, Yogyakarta, Indonesia.)

The idea of social human rights as interpreted by representatives of the school of revived natural law in Russia at the end of the 19th – beginning of the 20th centuries

2020 ◽  
pp. 417-425
Author(s):  
Angelina Lapayeva
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Natural Law ◽  
Social Rights ◽  
Political Rights ◽  
Social Equality ◽  
Important Place ◽  
Constitutional State ◽  
The Social ◽  
The Right

We analyze the representatives’ views of the school of revived natural law on the social human rights problem. We note that a key milestone in the state and legal transformations of Russia at the beginning of the 20th century was the consolidation of civil rights and freedoms for Russian citi-zens. We establish that representatives of the school of revived natural law developed a theory of individual rights and freedoms in the context of the re-lationship between the constitutional state with the ethics and morality prob-lems. We doctrinally justify that social rights, along with political rights, oc-cupied an important place in the catalog of human rights classification developed by scientists, due to the fact that they were associated with values such as social justice and social equality. We offer arguments indicating that representatives of the school of revived natural law considered the right to a dignified human existence as the source of social rights emergence, which were a prerequisite for the individual’s social emancipation and an attempt to transform the estate society into a civil one.

Claiming Martin Luther King, Jr. for the right: The Martin Luther King Day holiday in the Reagan era

2021 ◽  
pp. 175069802199593
Author(s):  
Francesca Polletta ◽  
Alex Maresca
Keyword(s):  
Civil Rights ◽  
Racial Inequality ◽  
Martin Luther ◽  
Political Actors ◽  
Historical Figures ◽  
General Abstract ◽  
The Right ◽  
Reagan Era ◽  
Martin Luther King ◽  
Roll Back

The article traces how American conservatives laid claim to the memory of Martin Luther King, Jr. We focus on a key moment in that process, when Republicans in the early 1980s battled other Republicans to establish King’s birthday as a federal holiday and thereby distinguish a conservative position on racial inequality from that associated with southern opposition to civil rights. The victory was consequential, aiding the New Right’s efforts to roll back gains on affirmative action and other race-conscious policies. We use the case to explore the conditions in which political actors are able to lay claim to venerated historical figures who actually had very different beliefs and commitments. The prior popularization of the figure makes it politically advantageous to identify with his or her legacy but also makes it possible to do so credibly. As they are popularized, the figure’s beliefs are made general, abstract, and often vague in a way that lends them to appropriation by those on the other side of partisan lines. Such appropriation is further aided by access to a communicative infrastructure of foundations, think tanks, and media outlets that allows political actors to secure an audience for their reinterpretation of the past.

scholarly journals Theoretical reflection on the impact of globalization processes on civil rights

2015 ◽  
Vol 16 (SE) ◽  
pp. 309-326
Author(s):  
Ehsan Madmalil ◽  
Fereydoun Akbarzadeh
Keyword(s):  
Political Philosophy ◽  
Civil Rights ◽  
Western Europe ◽  
Modern Human ◽  
Modern Theory ◽  
Political Rights ◽  
Theoretical Terms ◽  
Contemporary World ◽  
The Right ◽  
The Impact

The concept of citizenship is one of the old key concepts in political philosophy that has been reproduced in various forms since the formation of classical political philosophy up to modern times within the theory set forth in this type of theoretical philosophy. So, pre-modern theory, modern theory and postmodern theory can be noted. The concept of citizenship is an idea which governs the right of modern human and was emerged in the Western Europe and is a product of modern politics. Accepting Legal and political rights and duties is raised by citizenship status, its main foundation and the basic idea of the concept. In the contemporary world, citizenship has been interested more than other societies. The question that comes to mind here is that how is the situation of civil rights in the era of theoretical terms in globalization? In response to the question hypothesis is that with globalization, citizenship in its modern form that was enclosed in the geography of the national government has lost its sense and civil rights embodied in the discourses that are outside the reach of state law. This study aimed to investigate the impact of globalization on the civil right and conceptual evolution theoretically, as contemporary theorists have theorized it. Research findings indicate the "global citizenship" as a concept is emerging in the era of globalization as the result of rethinking of citizenship in the modern age. The methodology of study is analysis - descriptive, this means that the concept of civil right is described and then the theoretical changes in the era of globalization will be analyzed.

Comparing Children's Rights: Introducing the Children's Rights Index

2010 ◽  
Vol 18 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Brian Gran
Keyword(s):  
Civil Rights ◽  
Nongovernmental Organizations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Social Rights ◽  
Political Rights ◽  
Economic Rights

AbstractChildren's rights continue to be subject of international debates. Moving past these debates can be facilitated with an international measure of children's rights. This article introduces the Children's Rights Index, an international measure of children's rights for over 190 countries. The Children's Rights Index consists of two civil rights, two political rights, two social rights, and two economic rights. This article presents country scores on the Children's Rights Index, then examines whether children's rights vary by region and other differences, such as country wealth. It is hoped that the Children's Rights Index will provide evidence on children's rights important to the work of governments and nongovernmental organizations, as well as scholars and others concerned about children's welfare.

Economic and Social Rights

2017 ◽  
Author(s):  
William F. Felice
Keyword(s):  
Capabilities Approach ◽  
Social Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Human Needs ◽  
Social Basis ◽  
Right To Development ◽  
Equal Importance ◽  
The Right ◽  
Politics And Law

Economic rights refer to the right to property, the right to work, and the right to social security. Social rights are those entitlements necessary for an adequate standard of living, including rights to food, housing, health, and education. Since economic rights have a social basis, and social rights have an economic basis, both classifications are considered of equal importance and interdependent. The intellectual and social dimensions of economic and social rights have evolved from at least four spheres: religion, philosophy, politics, and law. Throughout history, individuals and groups debated and accepted obligations to help the needy and prevent suffering. There were both religious and secular dimensions to these undertakings. Early human rights advocates moreover proclaimed an interdependence between civil and political rights and economic and social rights and criticized those who made too sharp a distinction between them. A central debate over economic and social rights relates to their legal validity. Some scholars argue that by their very nature, economic and social rights are not “justiciable.” Another issue is the link between economic and social rights in meeting basic human needs and the alleviation of global poverty. The right to development is also important in debates on economic and social rights, as it attempts to correct the economic distortions left by the legacy of colonial domination. Perhaps the most promising new approach to economic and social rights is Amartya Sen’s capabilities approach, which focuses on what individuals need for adequate functioning.

Between health and salary: The incomplete regulation of working time in European law

2019 ◽  
Vol 10 (4) ◽  
pp. 370-385
Author(s):  
Vincenzo Ferrante
Keyword(s):  
Health And Safety ◽  
Case Law ◽  
Working Time ◽  
Equal Treatment ◽  
Social Rights ◽  
The European Union ◽  
International Regulation ◽  
History Of ◽  
Definition Of ◽  
The Right

The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.

Social and Economic Factors and Negro Voter Registration in the South

1963 ◽  
Vol 57 (1) ◽  
pp. 24-44 ◽  
Author(s):  
Donald R. Matthews ◽  
James W. Prothro
Keyword(s):  
Civil Rights ◽  
Direct Action ◽  
Effective Means ◽  
Attorney General ◽  
Voter Registration ◽  
Political Rights ◽  
The South ◽  
Student Nonviolent Coordinating Committee ◽  
Congress Of Racial Equality ◽  
The Right

The vote is widely considered the southern Negro's most important weapon in his struggle for full citizenship and social and economic equality. It is argued that “political rights pave the way to all others.” Once Negroes in the South vote in substantial numbers, white politicians will prove responsive to the desires of the Negro community. Also, federal action on voting will be met with less resistance from the white South—and southerners in Congress—than action involving schools, jobs, or housing.Such, at least, seems to have been the reasoning behind the Civil Rights Acts of 1957 and 1960, both of which deal primarily with the right to vote. Attorney General Robert F. Kennedy and his predecessor, Herbert Brownell, are both reported to believe that the vote provides the southern Negro with his most effective means of advancing toward equality, and recent actions of the Justice Department seem to reflect this view. Many Negro leaders share this belief in the over-riding importance of the vote. Hundreds of Negro registration drives have been held in southern cities and counties since 1957. Martin Luther King, usually considered an advocate of non-violent direct action, recently remarked that the most significant step Negroes can take is in the “direction of the voting booths.” The National Association for the Advancement of Colored People, historically identified with courtroom attacks on segregation, is now enthusiastically committed to a “battle of the ballots.” In March, 1962, the Southern Regional Council announced receipt of foundation grants of $325,000 to initiate a major program to increase Negro voter registration in the South. The Congress of Racial Equality, the NAACP, the National Urban League, the Southern Christian Leadership Conference, and the Student Nonviolent Coordinating Committee are among the organizations now participating in the actual registration drives.

scholarly journals THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

2018 ◽  
pp. 43-60
Author(s):  
GERMANA AGUIAR RIBEIRO DO NASCIMENTO
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Second World War ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Social Rights ◽  
Political Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Second World

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.

scholarly journals Reconciling civil liberties and public health in the response to COVID-19

FACETS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 887-898
Author(s):  
Colleen M. Flood ◽  
Vanessa MacDonnell ◽  
Bryan Thomas ◽  
Kumanan Wilson
Keyword(s):  
Public Health ◽  
Civil Rights ◽  
Precautionary Principle ◽  
Civil Liberties ◽  
Burden Of Proof ◽  
Political Rights ◽  
The Precautionary Principle ◽  
Response Strategies ◽  
The Right ◽  
Health Discourse

The COVID-19 pandemic has highlighted the challenges governments face in balancing civil liberties against the exigencies of public health amid the chaos of a public health emergency. Current and emerging pandemic response strategies may engage diverse rights grounded in civil liberties, including mobility rights, freedom of assembly, freedom of religion, and the right to liberty and security of the person. As traditionally conceived, the discourses of civil rights and public health rest on opposite assumptions about the burden of proof. In the discourse of civil and political rights of the sort guaranteed under the Canadian Charter of Rights and Freedoms, the onus rests on government to show that any limitation on rights is justified. By contrast, public health discourse centers on the precautionary principle, which holds that intrusive measures may be taken—lockdowns, for example—even in the absence of complete evidence of the benefits of the intervention or of the nature of the risk. In this article, we argue that the two principles are not so oppositional in practice. In testing for proportionality, courts recognize the need to defer to governments on complex policy matters, especially where the interests of vulnerable populations are at stake. For their part, public health experts have incorporated ideas of proportionality in their evolving understanding of the precautionary principle. Synthesizing these perspectives, we emphasize the importance of policy agility in the COVID-19 response, ensuring that measures taken are continually supported by the best evidence and continually recalibrated to avoid unnecessary interference with civil liberties.

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