Difference Between Civil Rights and Civil Liberties

Difference Between Civil Rights and Civil Liberties: Civil liberties refer to fundamental freedoms, while civil rights involve the essential entitlement to be protected from discrimination based on characteristics like race, disability, color, gender, national origin, and more.

Civil rights and civil liberties are two important facets of a vibrant democracy. The United States legal jurisprudence makes a clear distinction between the two terms. Civil rights protect individuals from discrimination by the government. These rights are embedded in statutes and protect the citizens from discrimination. Civil liberties, on the other hand, prohibit the government from interfering in the citizens’ personal lives. These liberties are guaranteed by the Constitution itself.

In this article, we will look into the key differences between civil rights and civil liberties in detail along with the definitions, importance, and limitations of both.

Difference between Civil Rights and Civil Liberties

The difference between Civil Rights and Civil Liberties is stated in the table below:

Point of Difference	Civil Rights	Civil Liberties
Legal Definition	Civil rights ensure that everyone can enjoy their civil liberties without discrimination.	Civil liberties refer to the actual rights that are guaranteed by the Constitution such as the right to life, freedom of speech, etc.
Effect	Civil rights ensure that no person is subjected to discrimination at the workplace, school, etc. These are legal protections that are guaranteed by the government.	Civil liberties prevent the state from unduly interfering in the private life of its subjects. The civil liberties are protection against arbitrary government action.
Example	The Fair Housing Act, a US law prohibiting landlords from discriminating against tenants, is an example of a civil right.	The First Amendment of the US Constitution guarantees various civil liberties such as freedom of speech.
Primary Purpose	The primary purpose of civil rights is to prohibit discrimination based on religion, color gender, and race.	The primary purpose of civil liberties is to protect the citizens from tyrannical rule by the state.

What are Civil Rights?

Civil rights enable a person to lead a civilized and respectful life in society. These are legal rights that are recognized and conferred by certain statutes and laws. Civil rights include the right against discrimination and the right to fair and equal treatment. All these civil rights have prohibition of discrimination at their core. No person can be discriminated against based on age, color, gender, sex, or religion in matters of employment, education, medical treatment, etc.

Importance of Civil Rights

Civil rights are essential to enable the people to live a civilized life. These rights ensure that no person is subjected to discrimination at the workplace, in schools or at any other public place. These rights also protect the cultural and educational rights of the ethnic minorities.

What are Civil Liberties?

Civil liberties are those liberties which are guaranteed by the Constitution. They protect the citizens from tyrannical rule of the state. Some fundamental civil liberties are freedom of speech and expression, freedom of religion, freedom of press, etc. In the United States, civil liberties have been recognized in the Bill of Rights.

Importance of Civil liberties

Civil liberties ensure that the citizens are given the freedom to criticise the government and raise their voice against arbitrary and unfair actions of the government officials. The civil liberties provide the people with the freedom of speech and ensure that the public voices are not unnecessarily censored by the government.

Limitations of Civil Rights and Civil Liberties

Civil liberties are guaranteed by many countries in the world. Even dictatorships such as that in North Korea, guarantee liberties such as freedom of expression and freedom of press to its citizens. However, in many countries these liberties exist only on paper and there is no real enforcement of these liberties. Moreover, many states curtailed the civil liberties of their citizens during the COVID pandemic. Moreover, the liberties of one person may conflict with the liberties of another person. For example, the right to free speech of a person may have to be restricted to respect the right to privacy of another person.

Civil rights are not constitutionally guaranteed and they originate from the statutes enacted by the legislature. These rights can be restricted in the interest of public order, morality, sovereignty and integrity of the nation.

Conclusion – Civil Rights vs. Civil Liberties

While the terms ‘civil liberties’ and ‘civil liberties’ are often used interchangeably, they are fundamentally different from each other. Civil liberties are a negative obligation on the government, as the state cannot breach these constitutionally guaranteed liberties. The state has to refrain from interfering with the civil liberties of the citizens. Civil rights, on the other hand, cast a positive obligation on the state. The government has to take proactive steps to ensure that the civil rights of the citizens are not infringed. These active steps involve framing anti-discrimination laws and setting up proper investigation agencies.

People Also Read:

• Civil Rights Movement
• Understanding the Civil Rights Act of 1964
• Civil Liberties – Definition, Importance & Examples

FAQs on Difference Between Civil Rights and Civil Liberties

Who can be held responsible for the violation of Civil Liberties?

Since civil liberties are fundamental freedoms guaranteed by the Constitution against the government, these liberties can be enforced only against the government. In the event of a breach, the aggrieved person can file a suit against the government.

Who can be held liable for the breach of a Civil Right?

Civil rights are legal rights that can be enforced against other private persons. In the event of a breach, the aggrieved party can file a suit for damages or injury against the violator.

Which US Amendments deal with Civil Liberties and Civil Rights?

The first ten US Constitution amendments dealt with civil liberties. These civil liberties have been recognized in the Bill of Rights. The Fourteenth Amendment deals with civil rights.

Name any five Civil Liberties.

The five civil liberties are the right to a free trial, freedom of expression, freedom of the press, freedom of religion, and freedom to assemble peacefully.

What is the importance of Civil Liberties?

Civil liberties protect people from the tyrannical and arbitrary rule of the government. In the absence of civil liberties, the government would be able to arrest people for contrary political views.