Understanding Your Rights and Getting the Legal Help You Need
Individuals have a right to basic civil rights protected by the Constitution and federal and state laws. Seeking legal information and assistance can protect individuals from exploitation and abuse.
Many legal aid organizations provide free or low-cost legal services. They use the Federal Poverty Guidelines chart to determine if you qualify for help.
Basic Rights
There are a variety of legal rights and freedoms that all individuals are guaranteed. These include basic human rights that are based on shared values such as dignity, fairness, equality, and independence, as well as civil and political rights, which deal with an individual’s participation in the civic life of their communities, without discrimination or oppression. These include the right to vote, freedom of religion, and the ability to speak freely. These rights also extend to economic, social, and cultural rights that are intended to allow people to prosper and take part in cultural activities without interference.
These rights are inalienable, meaning they cannot be voluntarily given up or taken away from someone. They are indivisible and interrelated, so no one right is more important than another. They are also enforceable, meaning that people can make legitimate claims against duty-bearers that fail to meet international standards in the protection of these rights.
When someone is not aware of their rights and the protections that come with them, they may be more likely to fall victim to exploitation or illegal treatment. That is why it is so critical that everyone knows their rights, especially when interacting with law enforcement. Unfortunately, some would like to discredit these resources and keep people in the dark about their rights. This is dangerous and can allow injustice to continue unchecked.
Civil Rights
A civil rights violation occurs when an individual is treated unfairly because of their characteristics, such as race or gender. Governments often enact civil rights laws to protect individuals from discrimination in areas such as employment, education, and housing.
Civil rights are different from human rights in two important ways: civil rights are specific freedoms that a person receives by being a citizen of a country or state; in contrast, human rights are derived from natural law and universally recognized and protected (Zietlow 2005). The goal of civil rights is social and political equality; in other words, the goal is to provide equal opportunity for citizenship to groups who were formerly or still are profoundly unequal by their previous condition of servitude, their historical or ongoing exclusion from the benefits of citizenship, or their widespread social stigma or oppression (Ackerman 2014).
Legal aid organizations, pro bono services, and court systems are all resources available to help people understand and exercise their legal rights. They can also help individuals seek justice when their rights are violated. Understanding your rights and accessing these resources is vital to protecting yourself against exploitation and abuse, and promoting justice and equity in our communities. Seeking out information and assistance can also give you a sense of empowerment, as it can empower you to take steps to protect yourself against discrimination or other forms of injustice.
Criminal Rights
Your rights in the criminal justice system are designed to protect you during investigations, trials, and other proceedings. They include protections from unnecessarily searching your property (the Fifth Amendment prohibits compelled self-incrimination), a right to an attorney, and the presumption of innocence.
You also have the right to access evidence used against you. If law enforcement officers obtain evidence in violation of your rights, the court may rule that the evidence is inadmissible during trial. This is known as the exclusionary rule.
Other criminal rights include the right to a fair trial and the Sixth Amendment’s guarantee that suspects must be informed of the nature of the charges against them. This means that the accused must be told of what they are being charged with and have access to the evidence against them, including witness testimony.
The criminal justice system is also obligated to treat everyone equally, and it cannot discriminate against people based on their race, sex, or age. It is also prohibited from prosecuting a person for the same crime twice if they were acquitted in one trial.
Employment Rights
Every employee has certain rights and protections. Federal, state, and city laws have been created to shield workers from unsafe working conditions, exploitation, and employment discrimination.
All employees are guaranteed the right to be paid for their work. This means that an employer must pay at least the minimum wage set by the government and must also provide overtime for hours worked beyond 40 in a week. The law protects against wage and hour violations by requiring employers to keep accurate records of employee hours and wages.
An employer is prohibited from discriminating against an employee based on age, race, national origin, religion, sexual orientation, gender identity, or disability. If you think that you have been a victim of illegal employment discrimination, you can file a complaint with the EEOC. You can also sue your employer for retaliation after you report their conduct to the EEOC.
All employees have the right to freedom of association and can join unions to advocate for their interests in the workplace. The National Labor Relations Act grants workers the right to engage in protected concerted activities, such as discussing pay issues with coworkers or forming a group to organize a union. If your employer interferes with this activity, they can be violating the NLRA. If you believe that your job has been terminated illegally, you may be able to receive compensation for lost wages, expenses incurred in finding a new position (including relocation costs), emotional distress, and legal fees.