IV. Civil Liberties and Civil Rights
Civil liberties and civil rights are two related but distinct concepts. Civil liberties refer to the basic freedoms and rights that are guaranteed to individuals by the Constitution and protected by laws, such as freedom of speech, religion, and association. Civil rights, on the other hand, are personal rights that are guaranteed and protected by the Constitution and federal laws enacted by Congress, such as the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. Civil rights include protection from unlawful discrimination based on race, color, national origin, sex, age, disability, or religion. Social services are programs and services provided by the government or private organizations to assist individuals and families in need. Social services can be related to civil liberties and civil rights in that they may provide assistance to individuals who have been discriminated against or who are in need of support to exercise their civil liberties or civil rights. For example, social services may provide legal assistance to individuals who have experienced discrimination or may provide support to individuals with disabilities to access public accommodations.
Civil liberties and civil rights are two distinct concepts that are often used interchangeably. The main differences between civil liberties and civil rights is:
- Civil liberties are freedoms and rights that are guaranteed to individuals by the Constitution and protected by laws.
- Civil liberties are personal freedoms protected from government intrusion, such as freedom of speech, religion, and association.
- Civil liberties are limitations on the power of the government to restrain or dictate how individuals act.
- Civil liberties are commonly referred to as rights, but they act as government restrictions.
- Civil rights are legal rights that protect individuals from discrimination based on certain personal characteristics such as gender, race, or disability.
- Civil rights are government policies and laws that have been created to protect individuals from discrimination.
- Civil rights guarantee equal opportunities and protection under the law, regardless of race, religion, or other characteristics.
- Civil rights concern the treatment of an individual regarding certain rights.
In summary, civil liberties are personal freedoms protected from government intrusion, while civil rights are legal rights that protect individuals from discrimination. Civil liberties place limitations on the power of government to restrain or dictate how individuals act, while civil rights guarantee equal opportunities and protection under the law.
IV.A The Bill of Rights
The Bill of Rights is a set of amendments to the United States Constitution that outlines the fundamental rights of American citizens. Social services are programs and services provided by the government to assist individuals and families in need. While the Bill of Rights does not specifically mention social services, there are laws and regulations that protect the rights of individuals who receive these services. For example, the Foster Care Bill of Rights
- The Bill of Rights: What Does it Say?The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
IV.B Freedom of Religion, Speech, Assembly and Privacy
Freedom of Religion, Speech, Assembly, and Privacy are fundamental rights protected by the U.S. Constitution and various international human rights instruments. Freedom of Religion is protected by the First Amendment to the U.S. Constitution, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
This right guarantees individuals the freedom to practice their religion or no religion at all without government interference. Freedom of Speech is a principle that supports individuals' and communities' right to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. - American Civil Liberties Union
This right is protected by the First Amendment to the U.S. Constitution and is recognized as a human right in the Universal Declaration of Human Rights (UDHR) and international human rights law - Wikipedia, The Free Encyclopedia
Freedom of Assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas - Wikipedia, The Free Encyclopedia
This right is recognized as a human right, a political right, and a civil liberty, and is protected by the UDHR and other human rights instruments - Wikipedia, The Free Encyclopedia
The Right to Privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals - Wikipedia, The Free Encyclopedia
While the U.S. Constitution does not explicitly mention the right to privacy, it is often interpreted through Article 12 of the UDHR, which states that "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks" - Wikipedia, The Free Encyclopedia
The right to privacy is also derived from penumbras of other explicitly stated constitutional protections, such as the First, Third, Fourth, Fifth, and Ninth Amendments - Wikipedia, The Free Encyclopedia
These fundamental rights are essential for a democratic society, as they allow individuals to express their opinions, practice their beliefs, gather with others to advocate for change, and protect their personal information and autonomy. - Cornell Law School Legal Information Institute
IV.C Balancing the Rights of Individuals and the Rights of Society
Balancing the rights of individuals and the rights of society is a complex issue that has been debated for centuries. While there is no one-size-fits-all approach, governments and societies attempt to balance individual rights with the common good in various ways. Here are some ways that governments and societies try to balance individual rights with the good of society:
- Establishing laws and regulations that protect individual rights while also promoting the common good.
- Entrusting elected representatives to make important decisions in advancing and balancing the common good with individual rights.
- Holding elected representatives accountable if they veer off course.
- Attempting to promote public safety while also protecting individual rights.
- Taking away some rights (such as the right to harm others) to ensure maximum natural rights preservation.
- Respecting the rights of individuals and ensuring basic liberties to all members of society.
It is important to note that balancing individual rights with the good of society is an ongoing process that requires constant evaluation and adjustment. The Supreme Court has played a significant role in balancing claims of individual liberty against laws promoting public order and safety. - Khan Academy
While there are different approaches to balancing individual rights and the common good, the ultimate goal is to create a just society that respects the rights of individuals and ensures basic liberties to all members of society. - Khan Academy
Human Rights Watch - United States
- Human Rights Watch - United StatesThe US Program leads with the principle of racial justice and equity as a fundamental human right providing the foundational, over-arching, and unifying theme for all our work. Our strategic priorities focus on immigration and border rights, criminal justice, and democracy research and advocacy, each operationalized by our theory of change that centers our partners and the most impacted people. Our broader racial justice and equity work focuses on reparative and economic justice, and we advocate for the US to meet its international human rights obligation to end all forms of racial discrimination.
- Human Rights Watch - United States Events of 2021The administration of United States President Joe Biden and the US Congress took positive steps on human rights by championing the rights of women and lesbian, gay, bisexual, transgender, and intersex (LGBTI) people that had been weakened under the previous administration, committing to racial equity, and taking action to address the Covid-19 pandemic and its harmful economic impacts.
- Human Rights Watch - United States Events of 2022The United States made some progress implementing more rights-respecting policies. It enacted a law, the Inflation Reduction Act, which advances the right to health and takes steps to address the climate crisis. However, officials need to take bolder steps to dismantle the systemic racism baked into many US institutions and structures; meet the challenges posed by climate change, threats to democracy domestically and abroad, and health crises like the Covid-19 pandemic; and ensure respect for rights. Entrenched, unequal power structures—largely based on racism, white supremacy, and economic inequality—are barriers to meaningful change.
- Human Rights Watch - United States Events of 2023The United States made some progress implementing more rights-respecting policies. It enacted a law, the Inflation Reduction Act, which advances the right to health and takes steps to address the climate crisis. However, officials need
to take bolder steps to dismantle the systemic racism baked into many US institutions and structures; meet the challenges posed by climate change, threats to democracy domestically and abroad, and health crises like the Covid-pandemic;
and ensure respect for rights. Entrenched, unequal power structures— largely based on racism, white supremacy, and economic inequality—are
barriers to meaningful change.
Person Centered Language
Using person-centered or person-first language means acknowledging that people are so much more than their disability. This is in contrast to deficit-based language, which identifies people according to ableist misconceptions assumed weaknesses, or misunderstood medical conditions. - ALSO
The way we communicate with others, about others, and for others, says a lot about who we are. This is why, at ALSO, we always use person-centered and identity-first language when we speak about and work with the people that we support. This type of language is extremely important to us because it acknowledges that no matter what kind of disability a person might have, they are a person first – a person who deserves respect, compassion, and dignity, just like anyone else. - ALSO
Examples of Person-Centered Language
Individual Rights and Social Responsibilities
Mastering Social Work Values and Ethics by ISBN: 9781849052740Publication Date: 2012-12-15Service users often say that the traits they most value in social workers are their ability to be non-judgmental, their listening skills and their sense of fairness: their strong ethical value base. But how can social workers ensure the decisions they make are ethically sound? This book offers guidelines to negotiating ethical dilemmas in various social work settings; from direct care work with individual service users to working within organisational and multidisciplinary contexts. It provides social workers with useful frameworks within which to re-visit their personal value base and enable more reflective, and therefore more effective, practice. Case studies and questionnaire style chapters encourage reassessment of values including views on abortion, female genital mutilation, drug and alcohol misuse and homosexuality. By assessing a range of dilemmas at both personal and organisational levels, this book offers the tools and resources to enable professionals and students to self-manage and develop their practice. This book is essential reading for social work students, practitioners, managers, practice teachers and assessors, and trainers, as well as those in allied professions.
Books
Boundary Issues and Dual Relationships in the Human Services by Call Number: eBookISBN: 9780231550611Publication Date: 2020
Social and Community Development Practice by Call Number: eBookISBN: 9788132118459Publication Date: 2014-07-08
NASW Code of Ethics: Ethical Standards (NASW)
The NASW Code of Ethics is a set of standards that guide the professional conduct of social workers. The 2021 update includes language that addresses the importance of professional self-care. Moreover, revisions to Cultural Competence standard provide more explicit guidance to social workers. All social workers should review the new text and affirm their commitment to abide by the Code of Ethics.
6.01 Social Welfare
Social workers should promote the general welfare of society, from local to global levels, and the development of people, their communities, and their environments. Social workers should advocate for living conditions conducive to the fulfillment of basic human needs and should promote social, economic, political, and cultural values and institutions that are compatible with the realization of social justice.
6.02 Public Participation
Social workers should facilitate informed participation by the public in shaping social policies and institutions.
6.03 Public Emergencies
Social workers should provide appropriate professional services in public emergencies to the greatest extent possible.
6.04 Social and Political Action
(a) Social workers should engage in social and political action that seeks to ensure that all people have equal access to the resources, employment, services, and opportunities they require to meet their basic human needs and to develop fully. Social workers should be aware of the impact of the political arena on practice and should advocate for changes in policy and legislation to improve social conditions to meet basic human needs and promote social justice.
(b) Social workers should act to expand choice and opportunity for all people, with special regard for vulnerable, disadvantaged, oppressed, and exploited people and groups.
(c) Social workers should promote conditions that encourage respect for cultural and social diversity within the United States and globally. Social workers should promote policies and practices that demonstrate respect for difference, support the expansion of cultural knowledge and resources, advocate for programs and institutions that demonstrate cultural competence, and promote policies that safeguard the rights of and confirm equity and social justice for all people.
(d) Social workers should act to prevent and eliminate domination of, exploitation of, and discrimination against any person, group, or class on the basis of race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical ability.