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What Are Individual Rights? Definition and Examples

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Individual rights are the rights needed by each individual to pursue their lives and goals without interference from other individuals or the government. The rights to life, liberty, and the pursuit of happiness as stated in the United States Declaration of Independence are typical examples of individual rights.

Individual Rights Definition

Individual rights are those considered so essential that they warrant specific statutory protection from interference. While the U.S. Constitution, for example, divides and restricts the powers of the federal and state governments to check their own and each other’s power, it also expressly ensures and protects certain rights and liberties of individuals from government interference. Most of these rights, such as the First Amendment’s prohibition of government actions that limit the freedom of speech and the Second Amendment's protection of the right to keep and bear arms, are enshrined in the Bill of Rights . Other individual rights, however, are established throughout the Constitution, such as the right to trial by jury in Article III and the Sixth Amendment , and the Due Process of Law Clause found in the post-Civil War Fourteenth Amendment . 

Many individual rights protected by the Constitution deal with criminal justice , such as the Fourth Amendment ’s prohibition against unreasonable governmental searches and seizures and the Fifth Amendment’s well-known right against self-incrimination . Other individual rights are established by the U.S. Supreme Court in its interpretations of the often vaguely worded rights found in the Constitution.

Individual rights are often considered in contrast to group rights, the rights of groups based on the enduring characteristics of their members. Examples of group rights include the rights of an indigenous people that its culture should be respected and the rights of a religious group that it should be free to engage in collective expressions of its faith and that its sacred sites and symbols should not be desecrated.

Common Individual Rights

Along with political rights, the constitutions of democracies around the world protect the legal rights of people accused of crimes from unfair or abusive treatment at the hands of the government. As in the United States, most democracies guarantee all people the due process of law in dealing with the government. Also, most constitutional democracies protect the personal rights of all individuals under their jurisdictions. Examples of these commonly protected individual rights include:

Religion and Belief

Most democracies ensure the right to freedom of religion, belief, and thought. This freedom includes the right of all individuals to practice, discuss, teach, and promote the religion or belief of their choice. This includes the right to wear religious clothing and take part in religious rituals. People are free to change their religion or belief and to embrace a wide range of non-religious beliefs including atheism or agnosticism, satanism, veganism, and pacifism. Democracies typically limit the rights of religious freedom only when necessary to protect public safety, order, health or morals, or to protect the rights and freedoms of others.

Mentioned in the constitutions of more than 150 countries, the right to privacy refers to the concept that an individual’s personal information is protected from public scrutiny. U.S. Supreme Court Justice Louis Brandeis once called it “the right to be left alone.” The right to privacy has been interpreted to encompass the right to personal autonomy or to choose whether or not to engage in certain acts. However, privacy rights usually only pertain to family, marriage, motherhood, reproduction, and parenting.

Like religion, the right to privacy is often balanced against society’s best interests, such as maintaining public safety. For example, while Americans know the government collects personal information, most find such surveillance acceptable, especially when necessary to protect national security.

Personal Property

Personal property rights refer to the philosophical and legal ownership and use of resources. In most democracies, individuals are guareteed the right to accumulate, hold, assign, rent, or sell their property to others. Personal property may be either tangible and intangible. Tangible property includes items such as land, animal, merchandise, and jewelry. Intangible property includes items like stocks, bonds, patents, and copyrights to intellectual property.

Basic property rights ensure the possessor the continuous peaceful possession of both tangible and intangible property to the exclusion of others except persons who can be proven to hold a legally superior right or title to such property. They also ensure the possessor the right to recover personal property that has been illegally taken from them.

Rights of Speech and Expression

While the freedom of speech, as stated by the U.S. Constitution’s First Amendment, protects the right of all individuals to express themselves, it encompasses far more than simple speech. As has been interpreted by the courts, “expression” can include religious communications, political speech or peaceful demonstration, voluntary association with others, petitioning the government, or printed publication of opinion. In this manner, certain non-verbal “speech actions,” which express opinions, such as burning the U.S. flag , are treated as protected speech.

It is important to note that the freedom of speech and expression protects individuals from the government, not from other individuals. No federal, state, or local government body may take any action that prevents or discourage individuals from expressing themselves. However, freedom of speech does not prohibit private entities, such as businesses, from limiting or prohibiting certain forms of expression. For example, when the owners of some American professional football teams banned their players from kneeling rather than standing during the performance of the National Anthem as a form of protest against police shootings of unarmed Black Americans, they could not be deemed to have violated their employees’ rights of free speech.

History in the United States

The doctrine of individual rights in the United States was first formally expressed in the Declaration of Independence , approved by the Second Continental Congress on July 4, 1776, more than a year after the outbreak of the American Revolutionary War . While the Declaration’s primary purpose was to detail the reasons the thirteen American Colonies could no longer be a part of the British Empire, its primary author, Thomas Jefferson , also stressed the importance of individual rights to a free society. The philosophy was embraced not only by Americans but by people seeking freedom from oppressive monarchial rule worldwide, eventually influencing events like the French Revolution of 1789 to1802.

Though Jefferson left no personal record of it, many scholars believe he was motivated by the writings of the English philosopher John Locke . In his classic 1689 essay Second Treatise of Government, Locke contended that all individuals are born with certain “inalienable” rights—God-given natural rights that governments could take way or grant. Among these rights, wrote Locke, were “life, liberty, and property.” Locke believed that the most basic human law of nature is the preservation of mankind. To ensure the preservation of mankind, Locke reasoned that individuals should be free to make choices about how to conduct their own lives as long as their choices do not interfere with the liberty of others. Murders, for example, forfeit their right to life since they act outside of Locke’s concept of the law of reason. Locke, therefore, believed liberty should be far-reaching.

Locke believed that besides land and goods that could be sold, given away, or even confiscated by the government under certain circumstances, “property" referred to the ownership of one’s self, which included a right to personal well-being. Jefferson, however, chose the now-famous phrase, “pursuit of happiness,” to describe the freedom of opportunity as well as the duty to help those in want.

Locke went on to write that the purpose of government is to secure and ensure the God-given inalienable natural rights of the people. In return, wrote Locke, the people are obliged to obey the laws set down by their rulers. This sort of “moral contract,” however, would be voided if a government persecutes its people with "a long train of abuses" over an extended period. In such cases, Locke wrote, the people have both the right and duty to resist that government, alter or abolish it, and create a new political system.

By the time Thomas Jefferson penned the Declaration of Independence, he had witnessed how Locke’s philosophies had helped to fuel the overthrow of the rule of King James II of England in the bloodless Glorious Revolution of 1688.

The Constitution and Bill of Rights

With their independence from England secured, America’s Founders turned to create a form of government with enough power to act on a national level, but not so much power that it could ever threaten the individual rights of the people. The result, the Constitution of the United States of America, written in Philadelphia of 1787, remains the oldest national constitution in use today. The Constitution creates a system of federalism that defines the form, function, and powers of the principal organs of government, as well as the basic rights of citizens.

Taking effect on December 15, 1791, the first ten amendments to the Constitution—the Bill of Rights—protects the rights of all citizens, residents, and visitors on American soil by limiting the powers of the federal government of the United States. Created at the insistence of the Anti-Federalists , who feared an all-powerful national government, the Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear arms, the freedom of assembly, and the freedom to petition the government . It further prohibits unreasonable search and seizure, cruel and unusual punishment, forced self-incrimination, and the imposition of double jeopardy in the prosecution of criminal offenses. Perhaps most importantly, prohibits the government from depriving any person of life, liberty, or property without due process of law.

The most serious threat to the Bill of Rights’ universal protection of individual rights came in 1883 when the U.S. Supreme Court, in its landmark decision in the case of Barron v. Baltimore ruled that protections of the Bill of Rights did not apply to the state governments. The Court reasoned that the framers of the Constitution had not intended for the Bill of Rights to extend to the actions of the states.

The case involved John Barron, the owner of a busy and profitable deep-water wharf in Maryland’s Baltimore Harbor. In 1831, the city of Baltimore undertook a series of street improvements that required diverting several small streams that emptied into Baltimore Harbor. The construction resulted in large quantities of dirt, sand, and sediment being swept downstream into the harbor, causing problems for wharf owners, including Barron, who depended on deep water to accommodate vessels. As the material accumulated, the water near Barron’s wharf decreased to a point that it became almost impossible for merchant ships to dock. Left nearly useless, the profitability of Barron’s wharf declined substantially. Barron sued the city of Baltimore seeking compensation for his financial losses. Barron claimed that the city’s activities had violated the takings clause of the Fifth Amendment—that is, the city’s development efforts effectively allowed it to take his property without just compensation. While Barron originally sued for $20,000, the county court awarded him only $4,500. When the Maryland Court of Appeals reversed that decision, leaving him with no compensation whatsoever, Barron appealed his case to the U.S. Supreme Court.

In the unanimous decision authored by Chief Justice John Marshall , the Court ruled that the Fifth Amendment did not apply to the states. The decision contrasted with several of the major decisions of the Marshall Court that had expanded the power of the national government.

In his opinion, Marshall wrote that while the decision was one of “great importance,” it was “not of much difficulty.” He went to explain that, “The provision in the Fifth Amendment to the Constitution, declaring that private property shall not be taken for public use, without just compensation, is intended solely as a limitation on the exercise of power by the government of the United States, and is not applicable to the legislation of the states.” The Barron decision left the state governments free to disregard the Bill of Rights when dealing with their citizens and proved to be a motivating factor in the adoption of the 14th Amendment in 1868. A key part of the Post-Civil War amendment ensured all rights and privileges of citizenship to all persons born or naturalized in the United States, guarantees all Americans their constitutional rights, and prohibits the states from passing laws limiting those rights.

• “Rights or Individual Rights.” Annenberg Classroom , https://www.annenbergclassroom.org/glossary_term/rights-or-individual-rights/.
• “The Constitution's Basic Principles: Individual Rights.” U.S. Congress: Constitution Annotated , https://constitution.congress.gov/browse/essay/intro_2_2_4/.
• Locke, John. (1690). “Second Treatise of Government.” Project Gutenberg , 2017, http://www.gutenberg.org/files/7370/7370-h/7370-h.htm.
• “The Constitution: Why a Constitution?” The White House , https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/.
• “The Bill of Rights: What Does it Say?” U.S. National Archives, https://www.archives.gov/founding-docs/bill-of-rights/what-does-it-say.
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Individual Rights versus Common Good Essay

It has been a common practice by most governments and institutions to impose actions forcefully in the pretext of a common good. Examples of these include, rising of income taxes which has resulted to unrest in most countries, government funding directed towards unnecessary projects, and passing of unreasonable laws.

Some governments have gone to the level of taking individuals’ property and giving to others while claiming to increase the revenue from tax. Some include destroying peoples’ livelihoods while claiming to protect endangered species or expanding roads for the good of the public. There has also been a common practice of infringing the privacy of individuals, free market interference all in the name of a common good (Howard, 2002).

Many rights have been curtailed and in some cases done away with for good of the public. Individual rights which do no harm to others must be protected by the governments, institutions or organizations at all costs. The government is for instance not justified to harm or even steal from people while trying to benefit a few individuals or groups.

The liberty of an individual should not be interfered with provided that his/her liberty is not harmful to others. The laws that govern a people should not forcefully bring about differences both socially and economically just to gratify a few people who are in power or in higher positions. In the book: The Civil Society Reader, it is noted:

“Among these powerful elite, the crisis of civic membership is expressed in the loss of civic consciousness, of a sense of obligation to the rest of society, which leads to a secession from society into guarded, gated residential enclaves and ultra-modern offices, research centers, and universities.

Its sense of social covenant, of the idea that we are all members of the same body, is singularly weak. What is even more disturbing about this knowledge/power elite than its secession from society is its predatory attitude towards the rest of the society, its willingness to pursue its own interests without regard to anyone else” (Hodgkinson, 2003).

There are several incidences where governments and regimes have abused individual rights for the common good. Take for instance the case where people who are prone to the danger of attack are disarmed for the common good. They are then prone to danger; some are attacked and killed, “for the common good.” Some utilitarian regimes barn certain types of music, they suppress freedom of speech and association all for the common good. Some regulate people’s believes for the common good (Murphy, 1990).

There has to be a balance between the very important individual rights as well as their freedom and the needs of the society at large. In the cases of totalitarian societies, people tend to insist more on getting more individual liberty. On the other hand, in most of the western democracies, there is increased individual self-indulgence and the element of community self responsibility is lacking. In fact, people tend to criticize communitarian ideas.

There ought to be a balance between the two. Hodgkinson and Foley in their book: The Civil Society Reader, note that; “Every state is a community of some kind, and every community is established with a view to some good; for everyone always acts in order to obtain that which they think good. But if all communities aim at some good, the state or political community [polis], which is the highest of all and which embraces all the rest, aims at good in a greater degree than any other at the highest good,” (Hodgkinson, 2003).

There are some cases however when the rights of an individual could be curtailed for the sake of the public. Take for instance a case where someone becomes a nuisance to others as in the case of playing loud music in the places where noise is not tolerated or during odd hours.

Other cases would be when one touches other people inappropriately which could even amount to sexual violence, destroying other people’s property at will or infringing on their property. One could easily perceive talking on the phone while driving as an individual right. It could however amount to endangering the lives of others as it could easily lead to an accident (Rousseau, 1978).

It may at times be necessary to interfere with an individual’s right if the freedom that that person enjoys could put his/her own life in danger. Take a case where an individual decides not to fasten a safety belt while in a vehicle, such a person could be endangering his/her life just in the event of an accident.

The law enforcers are therefore justified to hold that person to account over such an action. As long as one is living with others, that persons freedom must be limited to the level where he/she does not violet the rights and freedoms of others (Microsoft Corporation, 2007).

All in all, it seems as though the current society is witnessing excessive erosion of people’s individual privacy. It is for instance possible that one’s neighbors will listen to that person’s conversation over the phone. An employer is now able to get access an individual’s mailbox and read the employee’s emails and his/her medical records.

It has become easier for a reporter for instance to access ones record of the online transactions and other personal online operations. People have been pressing for new laws that should be geared towards protecting them from data rape.

It could only be necessary to access one’s private computerized data if the activities that that person is engaging in are suspicious and are geared towards defrauding others or even harming them. Such data could help employers in choosing their employees carefully. Such information could also help I tacking drug lords and other illicit drug activities. Someone’s medical history could be submitted to a health registry that is universal and computerized.

This would help in ensuring right diagnosis for a patient’s illness. Privacy is not absolute and it may have to be infringed in the cases where there is need to curb the spread of an infectious contagious disease. The intrusion of one’s privacy should however be minimized and it should be the last resort after all other possible ways fail. Those who test infected patients are not supposed to use the same data to discriminate individuals on the basis of their medical record (Singer, 2008).

It would be more helpful to carry out moral dialogues where individuals can resolve their value differences. Rationalistic deliberations that do not give values the attention they deserve or culture wars may not be of any importance in this case. Excessive press for individual rights can be of no importance if that freedom or right does not add up to the freedom of others as well. In the book; The Civil Society Reader, it is noted that:

“The highest task which nature has set for mankind must therefore be that of establishing a society in which freedom under external laws would be combined to the greatest possible extend with irresistible force in other words of establishing a perfect just civil constitution…Man who is otherwise so enamored with unrestrained freedom is forced to enter this state of restriction by sheer necessity.

And this is indeed the most stringent of all forms of necessity, for it is imposed by men upon themselves in that their inclination makes it impossible for them to exist side by side for long in a state of wild freedom” (Hodgkinson, 2003).

In summary, ones individual freedom should not be an excuse for infringing the freedom of other. At the same time, the pursuit of the common good needs not to be a way of terrorizing the civilians, denying them of the right to privacy and other basic rights as well as taking their property all in the name of protecting the interests of others. If this happens, the society will be paralyzed due to the fear of legal action they may undergo by doing anything that could be perceived as going contrary to the common good.

The authority that exist should be geared towards honoring individual rights and at the same time protect the public. None of the two should overshadow the other. Any legislation that is passed should be aimed at serving people and not necessarily people being slaves of the laws that are passed.

Reference List

Hodgkinson, V. F. (2003). The Civil Society Reader . Lebanon: University Press of New England.

Howard, P. K. (2002). The Collapse of the Common Good. Oxford: Oxford University Press.

Microsoft Corporation. (2007). Liberty (freedom). Washington: Microsoft Corporation.

Murphy, M. C. (1990). The Common Good in Review of Metaphysics. The Common Good , 16.

Rousseau, J. J. (1978). The Common Good. Questia , 77.

Singer, D. (2008). Individual Freedom and The Common Good. London: Macmillan.

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Crime is an act that violates or breaks a given set of rules or laws and which may lead to the person being prosecuted. Crimes vary from region to region and also from the different countries. The constitution governs acts of crime, disputes and also defines the laws of a county or country. When a person commits a crime, the kind of action to be taken against that person and the equivalent punishment are defined within the laws.

Basis through which the society determines the criminality of an individual’s actions

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The first cost incurred is the repatriation of profits from the small countries by multinational corporations. In some cases, most of the profits accrue to the developed nations. The second cost is the transfer of skilled labor from the market of the small country to other countries with better conditions.

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Arunabha Banerjee

Senior Associate, Corporate & Compliance Solutions, Thomson Reuters Abstract This article proposes to compare the reigns of Chief Justice Earl Warren and William Rehnquist, two stalwarts of the Federal Supreme Court, in influencing civil rights protection jurisprudence in the history of American Constitutional law. After individually addressing key aspects of their respective tenures, the article delves into a comparative analysis and examines recent trends in protection of civil liberties in light of past developments and future prospects. Keywords: Supreme Court, Warren, Rehnquist, Civil Rights, Civil Liberties, Constitution, National Security

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Discussion 1

An Anthology Of Arguments (Part 3) Essay

Question #1

275 words = 1 page double-spaced

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The Day the Electronic Medical Records System Went Down

• 1 Department of Medicine, Mount Auburn Hospital, Cambridge, Massachusetts
• 2 Harvard Medical School, Boston, Massachusetts

It was at 7 am , the time when the night team signs out to the day team, that the incoming residents heard the horrifying news: our electronic medical records (EMR) system (Epic) was down. There was an unexpected fatal error to the system that the IT department was working to resolve. The estimated downtime was unknown. This news spread throughout the hospital as quickly as a code blue announced by overhead paging. Everyone panicked.

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Mettler SK. The Day the Electronic Medical Records System Went Down. JAMA Intern Med. Published online April 29, 2024. doi:10.1001/jamainternmed.2024.1066

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