individual rights | Definition

Doc's CJ Glossary by Adam J. McKee
Courses: Introduction / Procedural Law

Individual rights are rights related to an individual’s freedom to pursue goals without interference from the government.


Individual rights are fundamental rights that are recognized as being inherent to every person, regardless of their race, gender, religion, or other personal characteristics. These rights are related to an individual’s freedom to pursue their goals without interference from the government and are essential for the protection of individual autonomy, dignity, and equality.

They can take many forms, but some of the most commonly recognized rights include the right to life, liberty, and property. These rights are often enshrined in national constitutions and international human rights treaties and are considered to be foundational to a free and democratic society.

The right to life is perhaps the most basic of these rights and refers to an individual’s right to be protected from arbitrary deprivation of life by the government. This can include protections against extrajudicial killings, the use of lethal force by law enforcement, and the imposition of the death penalty in certain circumstances.

The right to liberty is another fundamental right and refers to an individual’s right to be free from arbitrary detention or imprisonment by the government. This can include protections against arbitrary arrest or detention, as well as protections against torture and other forms of cruel, inhumane, or degrading treatment.

The right to property is also considered to be an important right and refers to an individual’s right to own and use the property without interference from the government. This can include protections against unlawful expropriation, as well as protections against unreasonable search and seizure.

In addition to these basic rights, there are many other rights that are recognized as being essential to the protection of individual autonomy and dignity. These can include the right to freedom of expression, the right to freedom of association, and the right to freedom of religion. These rights are considered to be essential for the protection of individual autonomy and the promotion of a free and democratic society.

Despite the importance of such rights, they are not absolute and can be subject to limitations in certain circumstances. For example, these rights may be limited in order to protect the rights of others, to maintain public safety and order, or to promote the public interest. However, any limitations on these fundamental rights must be proportionate, necessary, and non-discriminatory in order to be justified.


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Last Modified: 04/25/2023

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