1.3: Rights and Responsibilities

Figure \(\PageIndex{1}\): In this illustration, Benjamin Franklin, John Adams, and Thomas Jefferson draft the Declaration of Independence. The Declaration laid the groundwork for American democracy by proclaiming, "All men are created equal. ..."

Democracies rest upon the principle that government exists to serve the people. In other words, the people are citizens of the democratic state, not its subjects. Because the state protects the rights of its citizens, they, in turn, give the state their loyalty. Under an authoritarian system, by contrast, the state demands loyalty and service from its people without any reciprocal obligation to secure their consent for its actions.

FUNDAMENTAL RIGHTS

This relationship of citizen and state is fundamental to democracy. In the words of the U.S. Declaration of Independence, written by Thomas Jefferson in 1776:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

More specifically, in democracies, these fundamental or inalienable rights include freedom of speech and expression, freedom of religion and conscience, freedom of assembly, and the right to equal protection before the law. This is by no means an exhaustive list of the rights that citizens enjoy in a democracy, but it does constitute a set of the irreducible core rights that any democratic government worthy of the name must uphold. Since they exist independently of government, in Jefferson’s view, these rights cannot be legislated away, nor should they be subject to the whim of an electoral majority.

SPEECH, ASSEMBLY, AND PROTEST

Freedom of speech and expression, especially about political and social issues, is the lifeblood of any democracy. Democratic governments do not control the content of most written and verbal speech. Thus democracies are usually filled with many voices expressing different or even contrary ideas and opinions. Democracies tend to be noisy.

Democracy depends upon a literate, knowledgeable citizenry whose access to information enables it to participate as fully as possible in the public life of society and to criticize unwise or oppressive government officials or policies. Citizens and their elected representatives recognize that democracy depends upon the widest possible access to uncensored ideas, data, and opinions. For a free people to govern themselves, they must be free to express themselves—openly, publicly, and repeatedly—in speech and in writing.

The protection of free speech is a so-called "negative right," simply requiring that the government refrain from limiting speech. For the most part, the authorities in a democracy are uninvolved in the content of written and verbal speech.

Protests serve as a testing ground for any democracy—thus the right to peaceful assembly is essential and plays an integral part in facilitating the use of free speech. A civil society allows for spirited debate among those in disagreement over the issues. In the modern United States, even fundamental issues of national security, war, and peace are discussed freely in newspapers and in broadcast media, with those opposed to the administration’s foreign policy easily publicizing their views.

Freedom of speech is a fundamental right, but it is not absolute, and cannot be used to incite violence. Slander and libel, if proven, are usually defined and controlled through the courts. Democracies generally require a high degree of threat to justify banning speech or gatherings that may incite violence, untruthfully harm the reputation of others, or overthrow a constitutional government. Many democracies ban speech that promotes racism or ethnic hatred. The challenge for all democracies, however, is one of balance: to defend freedom of speech and assembly while countering speech that truly encourages violence, intimidation, or subversion of democratic institutions. One can disagree forcefully and publicly with the actions of a public official; calling for his (or her) assassination, however, is a crime.

RELIGIOUS FREEDOM AND TOLERANCE

All citizens should be free to follow their conscience in matters of religious faith. Freedom of religion includes the right to worship alone or with others, in public or private, or not to worship at all, and to participate in religious observance, practice, and teaching without fear of persecution from government or other groups in society. All people have the right to worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes.

Figure \(\PageIndex{2}\): Democracy as hope: In 2006, 20,000 people marched in Hong Kong carrying banners reading "Justice, Equality, Democracy, and Hope."

Like other fundamental human rights, religious freedom is not created or granted by the state, but all democratic states should protect it. Although many democracies may choose to recognize an official separation of church and state, the values of government and religion are not in fundamental conflict. Governments that protect religious freedom for all their citizens are more likely to protect other rights necessary for religious freedom, such as free speech and assembly. The American colonies, virtually theocratic states in the 17th and 18th centuries, developed theories of religious tolerance and secular democracy almost simultaneously. By contrast, some of the totalitarian dictatorships of the 20th century attempted to wipe out religion, seeing it (rightly) as a form of self-expression by the individual conscience, akin to political speech. Genuine democracies recognize that individual religious differences must be respected and that a key role of government is to protect religious choice, even in cases where the state sanctions a particular religious faith. However, this does not mean that religion itself can become an excuse for violence against other religions or against society as a whole. Religion is exercised within the context of a democratic society but does not take it over.

Figure \(\PageIndex{3}\): Democratic development and economic prosperity often go hand in hand: above, a market in Istanbul.

CITIZEN RESPONSIBILITIES

Citizenship in a democracy requires participation, civility, patience—rights as well as responsibilities. Political scientist Benjamin Barber has noted, "Democracy is often understood as the rule of the majority, and rights are understood more and more as the private possessions of individuals. ... But this is to misunderstand both rights and democracy." For democracy to succeed, citizens must be active, not passive, because they know that the success or failure of the government is their responsibility, and no one else’s.

It is certainly true that individuals exercise basic rights—such as freedom of speech, assembly, religion—but in another sense, rights, like individuals, do not function in isolation. Rights are exercised within the framework of a society, which is why rights and responsibilities are so closely connected.

Democratic government, which is elected by and accountable to its citizens, protects individual rights so that citizens in a democracy can undertake their civic obligations and responsibilities, thereby strengthening the society as a whole.

At a minimum, citizens should educate themselves about the critical issues confronting their society, if only so that they can vote intelligently. Some obligations, such as serving on juries in civil or criminal trials or in the military, may be required by law, but most are voluntary.

The essence of democratic action is the peaceful, active, freely chosen participation of its citizens in the public life of their community and nation. According to scholar Diane Ravitch, "Democracy is a process, a way of living and working together. It is evolutionary, not static. It requires cooperation, compromise, and tolerance among all citizens. Making it work is hard, not easy. Freedom means responsibility, not freedom from responsibility." Fulfilling this responsibility can involve active engagement in organizations or the pursuit of specific community goals; above all, fulfillment in a democracy involves a certain attitude, a willingness to believe that people who are different from you have similar rights.

Figure \(\PageIndex{4}\): As democracies become stable, they permit more freedoms. When French voters were given the right to vote by referendum on the proposed European Constitution (here being mailed to them in May 2005), they expressed their binding opinion by rejecting it.