Being the Martin Luther King Jr Day weekend, it brings up the question, “Do victims of domestic abuse have civil rights?”
Before we delve into that question, let’s discuss the difference between civil rights and human rights.
Seems to be a gray area. Or maybe it’s just a gray area for the State of Idaho.
In the United States, some areas of Canada, and a handful of other countries, the third Monday of January is set aside to celebrate Martin Luther King Jr Day. It’s a federal holiday in the US honoring the legacy of the chief spokesperson of the Civil Rights Movement. Dr. King was a nonviolent activist appealing for racial equality in the 1960’s.
The holiday brings awareness to the issue of civil rights, endorses the use of nonviolence, and encourages people into public service.
While most states recognize this holiday as MLK Day, in 1990 Idaho named the holiday Idaho Human Rights Day. However, internationally since 1948, the United Nations has been observing Human Rights Day on December 10th each year.
The UN has been very outspoken on its position that violence against women is a pervasive breach of human rights. In fact, in 2008, the UN Secretary-General launched the UNiTE by 2030 to End Violence against Women initiative.
So what is the difference between CIVIL RIGHTS and HUMAN RIGHTS?
According to the Law School at Howard University, “Human rights are rights one acquires by being alive. Civil rights are rights that one obtains by being a legal member of a certain political state.”
The Howard Law School acknowledges the fact that these two categories of rights have several liberties that tend to overlap. The following is a breakdown of the differences found on their website:
Human rights include:
- the right to life
- the right to education
- protection from torture
- freedom of expression
- the right to a free trial
Civil rights within the United States include:
- protection from discrimination
- the right to free speech
- the right to due process
- the right to equal protection
- the right against self-incrimination
So is domestic violence a civil rights issue … a human rights issue … or BOTH?
Merriam-Webster defines civil rights as follows:
civil rights – plural noun
: the nonpolitical rights of a citizen
especially : the rights of personal liberty guaranteed to U.S. citizens by the 13th and 14th amendments to the Constitution and by acts of Congress
was charged with violating the victim’s civil rights
Constitution Annotated, a website published by the United States government, has the interpretations of the Amendments explained like this:
United States 13th Amendment states “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
United States 14th Amendment states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
A Google search gives a much broader civil rights definition.
“The rights of citizens to political and social freedom and equality.” – Provided by Oxford Languages.
Again, gray area. This definition speaks to civil rights as a social freedom, which sounds like a birthright, just because we are human.
If we are to have peace on earth … Our loyalties must transcend our race, our tribe, our class, and our nation; and this means we must develop a world perspective.
Dr. Martin Luther King Jr.
At the end of the day, it doesn’t matter whether you define it as a civil right or a human right. If we want peace, true peace, even behind closed doors, our loyalties must transcend our gender, race, tribe, and class. And, all nations must stand up for the end of domestic abuse, once and for all!
What do you think? Share your thoughts in the comments below.