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69-635: The NAACP Legal Defense and Educational Fund, Inc. ( NAACP LDF , the Legal Defense Fund , or LDF ) is an American civil rights organization and law firm based in New York City . LDF is wholly independent and separate from the NAACP . Although LDF can trace its origins to the legal department of the NAACP created by Charles Hamilton Houston in the 1930s, Thurgood Marshall founded LDF as

138-506: A bill of rights or similar document. They are also defined in international human rights instruments , such as the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights . Civil and political rights need not be codified to be protected. However, most democracies worldwide do have formal written guarantees of civil and political rights. Civil rights are considered to be natural rights . Thomas Jefferson wrote in his A Summary View of

207-745: A famine in 6 AD, he attempted to relieve strain on the food supply by granting senators the liberty to leave Rome and to travel to wherever they wished. In England , in 1215, the right to travel was enshrined in Article 42 of the Magna Carta : In the Holy Roman Empire , a measure instituted by Joseph II in 1781 permitted serfs freedom of movement. The serfs of the Russian Empire were not given their personal freedom until Alexander II 's Edict of Emancipation of 1861. At

276-413: A burden on the social assistance system". If the citizen does not have a travel document, the member state must afford them every facility in obtaining the documents. Under no circumstances can an entry or exit visa be required. There are some security limitations and public policy restrictions on extended stays by EU residents. For instance, a member state may require that persons register their presence in

345-544: A minor child, thereby restricting the ability of the parents of that child to travel with their child. The Visa Restrictions Index ranks countries based on the number of other countries its citizens are free to enter without visa. Most countries in the world require visas or some other form of entrance permit for non-citizens to enter their territory. Those who enter countries in defiance of regulations requiring such documentation are often subject to imprisonment or deportation. Most countries require that their citizens leave

414-767: A nation that is generally permissive with respect to travel may restrict that right during time of war . Restrictions may include the following: In some jurisdictions, questions have arisen as to the extent to which a private owner of land can exclude certain persons from land which is used for public purposes, such as a shopping mall or a park . There is also a rule of law that a landowner whose property has no public access can be awarded an easement to cross private land if necessary to reach his own property. Conversely, public nuisance laws prevent alternate use of public streets designated for public transit from being used for block parties and playing basketball. Parents or other legal guardians are typically able to restrict

483-433: A passport issued does not guarantee the right to exit the country. A person may be prohibited to exit a country on a number of reasons, such as being under investigation as a suspect, serving a criminal sentence, being a debtor in default, or posing a threat to national security. This applies to aliens as well. In some countries prohibition to leave may take the form of revocation of a previously issued passport. For example,

552-603: A residence permit. Since 25 March 2001, all five states are also in the Schengen Area. The Mercosur alliance between Argentina , Brazil , Paraguay and Uruguay includes a freedom of movement area between its member states and five other associate states. Citizens don't require a passport to travel through other Mercosur or associate countries. Freedom of movement also extends to certain associated countries ( Chile , Bolivia , Colombia , Ecuador and Peru ), citizens of which can also travel to their territories without

621-538: A role. Implied or unenumerated rights are rights that courts may find to exist even though not expressly guaranteed by written law or custom; one example is the right to privacy in the United States , and the Ninth Amendment explicitly shows that other rights are also protected. The United States Declaration of Independence states that people have unalienable rights including "Life, Liberty, and

690-463: A separate legal entity in 1940, which became totally independent from the NAACP in 1957. Janai Nelson serves as the eighth President and Director-Counsel, since March 2022. Previous Director-Counsels include Sherrilyn Ifill (2012–2022), John Payton (2008–2012), Ted Shaw (2004–2008), Elaine Jones (1993–2004), Julius Levonne Chambers (1984–1993), Jack Greenberg (1961–1984), and founder Thurgood Marshall (1940–1961). While primarily focused on

759-551: A visa in Czech Republic may need to obtain an exit visa. In Russia , the inconvenience goes even further as the legislation there does not formally recognize residency permits as valid visas; thus, foreign citizens lawfully residing in Russia need to obtain "exit-entry" visas in order to do a trip abroad. This, in particular, affects foreign students, whose original entry visas expire by the time they return home. Citizens of

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828-666: A visa. Citizens of certain countries in the Caribbean (Antigua and Barbuda, Commonwealth of Dominica, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia and Saint Vincent and the Grenadines) may enter, reside, study and work in each respective country indefinitely without a visa. The military regime in Burma has been criticized for allegations of restrictions to freedom of movement. These include restrictions on movement by political dissidents, women, and migrant workers. In

897-410: Is America's union that represent the working-class people nationwide. Freedom of movement Freedom of movement , mobility rights , or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country , and to leave the country and return to it. The right includes not only visiting places, but changing

966-519: Is a translation of Latin jus civis (right of the citizen). Roman citizens could be either free ( libertas ) or servile ( servitus ), but they all had rights in law. After the Edict of Milan in 313, these rights included the freedom of religion; however, in 380, the Edict of Thessalonica required all subjects of the Roman Empire to profess Nicene Christianity. Roman legal doctrine was lost during

1035-459: Is a well-known non-profit organization that helps to preserve freedom of speech and works to change policy. Another organization is the NAACP , founded in 1909, which focuses on protecting the civil rights of minorities. The NRA is a civil rights group founded in 1871 that primarily focuses on protecting the right to bear arms. These organizations serve a variety of causes, one being the AFL–CIO , which

1104-675: Is in Manhattan , with regional offices in Washington, D.C. LDF has nearly two dozen staff lawyers and hundreds of cooperating attorneys across the nation. The board of directors of the NAACP created the Legal Defense Fund in 1940 specifically for tax purposes. In 1957, LDF was completely separated from the NAACP and given its own independent board and staff. Although LDF was originally meant to operate in accordance with NAACP policy, after 1961, serious disputes emerged between

1173-583: Is often cited to justify a wide variety of movement restrictions by almost every country that is party to it. During the COVID-19 pandemic , restrictions on freedom of movement were implemented by many of the world's governments. The countries of the Commonwealth of Independent States have concluded a number of agreements among themselves in the field of citizens' mobility rights , which regulate visa-free travel, recognition of documents, cooperation in

1242-411: Is often more limited for minors, and penal law can modify this right as it applies to persons charged with or convicted of crimes (for example, parole , probation , registration). In some countries, freedom of movement has historically been limited for women, and for members of disfavored racial and social groups. Circumstances, both legal and practical, may operate to limit this freedom. For example,

1311-402: Is that if individuals have fewer political rights than are they more likely to commit political violence such as in countries where individual rights are highly restricted. That is why it is important for countries to protect the political rights of all citizens including minority groups. This extends to racial, ethnic, tribal, and religious groups. By granting them the same rights it helps reduce

1380-514: Is the free movement of people in the European Union , where citizens of any country in the EU and EFTA generally enjoy indefinite stay in other EU/EFTA countries. Furthermore, restrictions on the right to relocate or live in certain areas of a country have been imposed in several countries, most prominently China. In a child custody dispute, a court may place restrictions on the movement of

1449-508: The acquis communautaire of the European Union . It is part of the free movement of persons and one of the four economic freedoms : free movement of goods , services , labour and capital . Article 45 TFEU (ex 39 and 48) states that: A different arrangement amongst 29 European countries, covers some but not all European Union member states together with some non-member states. The arrangement allows visa-free travel between

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1518-546: The English Bill of Rights in 1689. It was one of the influences drawn on by George Mason and James Madison when drafting the Virginia Declaration of Rights in 1776. The Virginia declaration heavily influenced the U.S. Bill of Rights (1789). The removal by legislation of a civil right constitutes a "civil disability". In early 19th century Britain, the phrase "civil rights" most commonly referred to

1587-580: The International Covenant on Civil and Political Rights (1966). Article 13 of the Universal Declaration of Human Rights, adopted by the U.N. General Assembly , reads, Article 12 of the International Covenant on Civil and Political Rights incorporates this right into treaty law: The ICCPR entered into force for the initial ratifying states on 23 March 1976, and for additional states following their ratification. In 1999,

1656-585: The People's Republic of China who are residents of the mainland are required to apply for exit and entry endorsements in order to enter the special administrative regions of Hong Kong and Macau (and SAR residents require a Home Return Permit to visit the mainland). Since 2016, residents of the Xinjiang Uyghur Autonomous Region have been required to deposit their passports with the police. Each trip abroad must be approved by

1725-462: The U.N. Human Rights Committee , which is charged with interpreting the treaty, issued its guidelines for Article 12 of the ICCPR in its "General Comment No. 27: Freedom of Movement". While the treaty sets out the freedom of movement in broad and absolute terms, part four of Article 12 of the ICCPR admits that these freedoms may be restricted for a variety of reasons in the public interest. This clause

1794-606: The United Kingdom and Ireland , and other British nationals resident in the Isle of Man and the Channel Islands , to travel freely in this area. The arrangements also extend to certain foreign nationals who hold visas issued by these countries. Saudi , Omani , Kuwaiti , Bahraini , Qatari , Emirati - Gulf Cooperation Council (GCC) citizens do not need a visa to enter each others countries and they also have

1863-409: The United States of America may revoke passports at will. Some countries, such as the former Soviet Union , further required that their citizens, and sometimes foreign travelers, obtain an exit visa to be allowed to leave the country. Currently, some countries require that foreign citizens have valid visas upon leaving the country if they needed one to enter. For example, a person who overstayed

1932-596: The right to a fair trial , (in some countries) the right to keep and bear arms , freedom of religion , freedom from discrimination , and voting rights . They were pioneered in the seventeenth and eighteenth-century during the Age of Enlightenment . Political theories associated with the English, American, and French revolutions were codified in the English Bill of Rights in 1689 (a restatement of Rights of Englishmen , some dating back to Magna Carta in 1215) and more fully in

2001-427: The right to assemble , the right to petition , the right of self-defense , and the right to vote . These rights also must follow the legal norm as in they must have the force of law and fit into the system of administrative justice. A key feature in modern society is that the more a state can guarantee political rights of citizens the better the states relations are with its citizens. Civil and political rights form

2070-579: The Commonwealth of Independent States. The single market has provided for the free movement of labor without work permits for the worker and his or her family members since 2012, including access to health care and recognition of educational credentials. The national identity document or internal passport is valid within the Union (a single market is a deeper degree of integration than a common market). The Commonwealth of Independent States overlaps with

2139-757: The Eurasian Economic Union. Within the European Union , residents are guaranteed the right to freely move within the EU's internal borders by the Treaty on the Functioning of the European Union and the European Parliament and Council Directive 2004/38/EC of 29 April 2004. Union residents are given the right to enter any member state for up to three months with a valid passport or national identity card , and over three months with evidence of "sufficient resources... not to become

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2208-914: The French Declaration of the Rights of Man and of the Citizen in 1789 and the United States Bill of Rights in 1791. They were enshrined at the global level and given status in international law first by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later in the 1966 International Covenant on Civil and Political Rights . In Europe, they were enshrined in the European Convention on Human Rights in 1953. There are current organizations that exist to protect people's civil and political rights in case they are infringed upon. The ACLU , founded in 1920,

2277-520: The Middle Ages, but claims of universal rights could still be made based on Christian doctrine. According to the leaders of Kett's Rebellion (1549), "all bond men may be made free, for God made all free with his precious blood-shedding." In the 17th century, English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights . The Parliament of England adopted

2346-461: The NAACP's lawsuit, the U.S. Court of Appeals for the D.C. Circuit recognized that the "universal esteem in which the [NAACP] initials are held is due in significant measure to [LDF's] distinguished record as a civil rights litigator" and that the NAACP has "benefitted from the added luster given to the NAACP initials by the LDF's litigation successes." Probably the most famous case in the history of LDF

2415-502: The Rights of British America that "a free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate ." The question of to whom civil and political rights apply is a subject of controversy. Although in many countries citizens are considered to have greater protections against infringement of rights than non-citizens, civil and political rights are generally considered to be universal rights that apply to all persons . One thing to mention

2484-715: The United States gathered steam by 1848 with such documents as the Declaration of Sentiment. Consciously modeled after the Declaration of Independence , the Declaration of Rights and Sentiments became the founding document of the American women's movement, and it was adopted at the Seneca Falls Convention, July 19 and 20, 1848. Worldwide, several political movements for equality before

2553-435: The area include Wesley Newcomb Hohfeld , and Jean Edward Smith . First-generation rights, often called "blue" rights, deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature, as well as strongly individualistic : They serve negatively to protect the individual from excesses of the state. First-generation rights include, among other things, freedom of speech ,

2622-420: The bathroom of his choice is a well known case in these civil right fights. Another issue in civil rights has been the issue with police brutality in certain communities especially minority communities. This has been seen as another way for minority groups to be oppressed and their rights infringed upon. Outrage has also been a massive result of incidents caught on tape of police abusing and in some cases causing

2691-497: The civil rights of African Americans in the U.S., LDF states it has "been instrumental in the formation of similar organizations that have replicated its organizational model in order to promote equality for Asian-Americans, Latinos, and women in the United States." LDF has also been involved in "the campaign for human rights throughout the world, including in South Africa, Canada, Brazil, and elsewhere." LDF's national office

2760-430: The context of imprisonment. Restrictions may also be placed on convicted criminals who are on probation or have been released on parole . Persons who have been charged with crimes and have been released on bail may also be prohibited from traveling. A material witness may also be denied the right to travel. Though travelling to and from countries is generally permitted (with some limitations), most governments restrict

2829-504: The countries as well as within the countries. The freedom of movement is restricted in a variety of ways by various governments and may even vary within the territory of a single country. Such restrictions are generally based on public health, order, or safety justifications and postulate that the right to these conditions preempts the notion of freedom of movement. Restrictions on international travel on people (immigration or emigration) are commonplace. Within countries, freedom of travel

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2898-465: The countries in this area, in general without border controls. A foreign national who holds a visa issued by any of these countries can travel freely within the area. The Nordic Passport Union allows citizens of the Nordic countries – Iceland, Denmark, Norway, Sweden, and Finland – to travel and reside in another Nordic country without any travel documentation (e.g. a passport or national identity card) or

2967-410: The country "within a reasonable and non-discriminatory period of time". In general, however, the burden of notification and justification lies with the state. EU citizens also earn a right to permanent residence in member states they have maintained an uninterrupted five-year period of legal residence. This residency cannot be subject to any conditions, and is lost only by two successive years absence from

3036-413: The country on a valid passport, travel document issued by an international organization or, in some cases, identification document. Conditions of issuance and the governments' authority to deny issuance of a passport vary from country to country. Under certain circumstances, countries may issue travel documents (such as laissez-passer ) to aliens, that is, to persons other than their own citizens. Having

3105-463: The deaths of people from minority groups such as African Americans. That is why to address the issue has been accountability to police engaging in such conduct as a way to deter other officers from committing similar actions. T. H. Marshall notes that civil rights were among the first to be recognized and codified, followed later by political rights and still later by social rights. In many countries, they are constitutional rights and are included in

3174-411: The field of employment and the common labor market. Usually a travel passport is required for abroad visits, unless there are other agreements that a national identity document or internal passport is valid (a common market is a lesser degree of integration than a single market and separate agreements are more restrictive than the provisions of a single market). The Eurasian Economic Union overlaps with

3243-502: The government intervene to protect individuals from infringement on their rights by other individuals , or from corporations —e.g., in what way should employment discrimination in the private sector be dealt with? Political theory deals with civil and political rights. Robert Nozick and John Rawls expressed competing visions in Nozick's Anarchy, State, and Utopia and Rawls' A Theory of Justice . Other influential authors in

3312-611: The government, which is more difficult for members of the Uyghur ethnic group. Saudi Arabia and Qatar require all resident foreigners, but not citizens, to obtain an exit visa before leaving the country. When Augustus established the Roman Empire in 27 BC, he assumed monarchical powers over the new Roman province of Egypt and was able to prohibit senators from traveling there without his permission. However, Augustus would also allow more liberty to travel at times. During

3381-418: The host nation. Family members of EU residents, in general, also acquire the same freedom of travel rights as the resident they accompany, though they may be subject to a short-stay visa requirement. Furthermore, no EU citizen may be declared permanently persona non grata within the European Union, or permanently excluded from entry by any member state. Freedom of movement for workers is a policy chapter of

3450-552: The issue of such legal discrimination against Catholics. In the House of Commons , support for civil rights was divided, with many politicians agreeing with the existing civil disabilities of Catholics. The Roman Catholic Relief Act of 1829 restored their civil rights. In the United States, the term civil rights has been associated with the civil rights movement (1954–1968), which fought against racism. The movement also fought segregation and Jim Crow laws and this fight took place in

3519-424: The law occurred between approximately 1950 and 1980. These movements had a legal and constitutional aspect, and resulted in much law-making at both national and international levels. They also had an activist side, particularly in situations where violations of rights were widespread. Movements with the proclaimed aim of securing observance of civil and political rights included: Most civil rights movements relied on

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3588-442: The length of time that temporary visitors may stay in the country. This can be dependent on country of citizenship and country travelled to among other factors. In some instances (such as those of refugees who are at risk of immediate bodily harm on return to their country or those seeking asylum), indefinite stay may be allowed on humanitarian grounds, but in most other cases, stay is generally limited. One notable exception to this

3657-425: The mainland of the People's Republic of China , the hukou system of household registration makes internal migration difficult, especially for rural residents to move to urban areas. Many people move to places in which they do not have a local hukou , but local governments can restrict services like subsidized schooling, subsidized housing , and health insurance to those with local hukou . The system

3726-692: The mainland to Hong Kong or Macau only for travel, but not for residence unless they obtain the " one-way permit " from Chinese authorities. Currently, the issuance of the "one-way permit" is limited to 150 per day. The Tibetan Centre for Human Rights and Democracy claimed in 2000 that people in Tibet had to promise not to criticize the Chinese Communist Party before receiving official permission to leave for India or Nepal . Additionally, it alleged that people of Han descent in Tibet have

3795-413: The movements of minor children under their care, and of other adults who have been legally deemed incompetent to govern their own movement. Employers may legally set some restrictions on the movements of employees, and terminate employment if those restrictions are breached. Governments may generally sharply restrict the freedom of movement of persons who have been convicted of crimes, most conspicuously in

3864-593: The need of a passport. The Central America-4 Border Control Agreement abolished in 2006 land border checks among El Salvador , Guatemala , Honduras , and Nicaragua . The countries have adopted a harmonized external border and visitor policy. The Trans-Tasman Travel Arrangement between Australia and New Zealand allow citizens of each country to move between, and work within, the two countries with few limitations. The arrangements also extend to holders of permanent resident and resident return visas of Australia. The Common Travel Area arrangements allow citizens of

3933-463: The original and main part of international human rights . They comprise the first portion of the 1948 Universal Declaration of Human Rights (with economic, social, and cultural rights comprising the second portion). The theory of three generations of human rights considers this group of rights to be "first-generation rights", and the theory of negative and positive rights considers them to be generally negative rights . The phrase "civil rights"

4002-476: The place where the individual resides or works. Such a right is provided in the constitutions of numerous states , and in documents reflecting norms of international law . For example, Article 13 of the Universal Declaration of Human Rights asserts that: Some people and organizations advocate an extension of the freedom of movement to include a freedom of movement – or migration – between

4071-653: The pursuit of Happiness". It is considered by some that the sole purpose of government is the protection of life, liberty , and property. Some thinkers have argued that the concepts of self-ownership and cognitive liberty affirm rights to choose the food one eats, the medicine one takes , and the habit one indulges . Civil rights guarantee equal protection under the law. When civil and political rights are not guaranteed to all as part of equal protection of laws , or when such guarantees exist on paper but are not respected in practice, opposition, legal action and even social unrest may ensue. Civil rights movements in

4140-421: The right to privacy , the freedom of thought , speech , religion , press , assembly , and movement . Political rights include natural justice (procedural fairness) in law , such as the rights of the accused , including the right to a fair trial ; due process ; the right to seek redress or a legal remedy ; and rights of participation in civil society and politics such as freedom of association ,

4209-588: The right to work in each GCC country. GCC citizens can use a GCC national identity card (rather than a passport) to travel between these states. Freedom of movement between Russia and Belarus for local citizens exists similar to that which exists for British and Irish citizens within the Common Travel Area. Citizens of the FSM , Marshall Islands , Palau , and the United States may enter, reside, study and work in each respective country indefinitely without

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4278-472: The risk of political violence breaking out. According to political scientist Salvador Santino F. Regilme Jr., analyzing the causes of and lack of protection from human rights abuses in the Global South should be focusing on the interactions of domestic and international factors—an important perspective that has usually been systematically neglected in the social science literature. Custom also plays

4347-817: The streets, in public places, in government, and in the courts including the Supreme Court. The civil rights movement was also not the only movement fighting for civil rights as The Black Panthers were also a group focused on fighting racism and Jim Crow. Other things that civil rights have been associated with are not just race but also rights of Transgender and other LGBTQ individuals. These have been fights over sexuality instead of race and focused around whether these individuals may access certain spaces like bathrooms according to their sexual identity or biological sex. Gavin Grimm's fight in Virginia over whether he could use

4416-560: The technique of civil resistance , using nonviolent methods to achieve their aims. In some countries, struggles for civil rights were accompanied, or followed, by civil unrest and even armed rebellion. While civil rights movements over the last sixty years have resulted in an extension of civil and political rights, the process was long and tenuous in many countries, and many of these movements did not achieve or fully achieve their objectives. Questions about civil and political rights have frequently emerged. For example, to what extent should

4485-574: The time, most of the inhabitants of Russia, not only the serfs but also townsmen and merchants, did not have freedom of movement and were confined to their places of residence. After the end of hostilities in World War II , the United Nations was established on October 24, 1945. The new international organization recognized the importance of freedom of movement through documents such as the Universal Declaration of Human Rights (1948) and

4554-408: The two organizations. These disputes ultimately led the NAACP to create its own internal legal department while LDF continued to operate and score significant legal victories as an independent organization. At times, this separation has created considerable confusion in the eyes and minds of the public. In the 1980s, the NAACP unsuccessfully sued LDF for trademark infringement. In its ruling rejecting

4623-447: The years, including Barack Obama who was an LDF cooperating attorney. The following, non-exhaustive list of LDF alumni demonstrates the breadth of positions these attorneys have held or currently hold in public service, the government, academia, the private sector, and other areas. Civil rights Civil rights generally include ensuring peoples' physical and mental integrity, life , and safety , protection from discrimination ,

4692-584: Was Brown v. Board of Education , the landmark case in 1954 in which the United States Supreme Court explicitly outlawed de jure racial segregation of public education facilities. During the civil rights protests of the 1960s, LDF represented "the legal arm of the civil rights movement" and provided counsel for Dr. Martin Luther King Jr. , among others. A number of prominent attorneys have been affiliated with LDF over

4761-509: Was used as far back as the Han dynasty for tax collection , and more recently in the People's Republic to control urbanization . The Hukou system has also led many municipal governments to disregard the welfare of migrant workers as measures of wellbeing and economic progress are based almost exclusively on conditions for those with a local hukou. Also, Chinese citizens are allowed to go from

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