Civil and political rights
Civil rights are the rights that relate to the relationship between citizen and state. In the European Union they are defined as a small part of the Charter of Fundamental Rights of the European Union in the Articles 39-46: Voting rights at EU and local level, the right to good administration, the right to access to documentation, Ombudsman, right to petition, freedom of movement and diplomatic protection.
Overview
Under civil rights is generally understood to only those rights that relate to the relationship between citizens and the state, and less on the ratio of population of the state among themselves.
The status of a citizen and the related civil rights were not always to all residents of a country or a city. So in medieval constitutions was the civil rights a privilege that was bestowed only certain residents of the city. The award of the civil rights took place in many European cities during the period between the Middle Ages and at the beginning of the 20th century, through inclusion in the public role and the granting of citizenship letter. The basis for this was mostly a request for inclusion, as well as the detection of certain conditions ( proof of income, reputation, oath of citizenship, and others). Even today the receipt of some rights (including voting rights ) is tied to the achievement of a specific age, so that in particular children and young people are excluded in many areas of the active exercise of these rights.
Conceptual delimitation
The civil law is to be distinguished from civil law: civil law is another name for private law (or civil law ), while civil rights are assigned to public law.
In Switzerland, civil rights within the meaning of citizenship and belonging is used for any of citizenship ( civil rights community ), please refer to Swiss citizenship.
Furthermore, to distinguish civil rights of the human rights that all people everywhere are entitled (should), no matter which country they belong or in which they are located. Point of the civil rights of citizenship and commitment to a community, to participate in its design ( for example, elections to municipal or state level, or freedom of expression). Starting point of human rights is the human being itself - by virtue of being human any man come to rights that do not depend on citizenship ( for example, right to life, or the right to liberty ).
Frequently, the term civil rights is not further defined by so-called civil rights movements used as a defense rights of citizens against the state. The fundamental rights or human rights but are mostly meant so that the use of the term civil rights is controversial.
History
The civil rights is closely related to the medieval town of rights, it has developed together with them. The citizens differed from the most destitute and lawless inhabitants. Citizen could only be one who
- Had reached a certain age;
- Home ownership and property in the city proved ( inheritance) or docked;
- Was taken by the citizens existing;
- Taxes and charges made ;
- Military service to defend the city made .
Only citizens had the right to vote for the city government, the right to vote as a census up to the present time in many regions of Europe had stock. The civil rights particularly of the free and imperial cities was quite comparable to the right of the ( lower ) nobility. So even reached the imperial period in many German cities, the proportion of citizens in the population is less than 10 %.
Situation in Germany
In Germany, civil rights, together with the human rights fundamental rights under the Basic Law for the Federal Republic of Germany. Civil rights ( any German ... and no German ... ) are exclusively Germans, human rights ( each ... and no one ... ) all people. The term " foreign citizens " comes as a euphemistisches oxymoron, concealing their true legal status than people without civil rights. On various civil rights, eg the right to free movement, also citizens of other EU countries may rely According to the EU treaties.
Restrictions of civil rights
After the attacks on September 11, 2001, the civil rights were partially restricted in the U.S. with the Patriot Act, and partly also in the Confederate States. Against this repeal or limiting changes of rights of citizens, there was strong opposition.