Human rights in the United States
Encyclopedia
Human rights in the United States are legally protected by the Constitution of the United States and amendments
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...

, conferred by treaty, and enacted legislatively through Congress, state legislatures, and plebiscites (state referenda). Federal courts in the United States have jurisdiction over international human rights laws as a federal question, arising under international law, which is part of the law of the United States.

The first human rights organization in the Thirteen Colonies
Thirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...

 of British America
British America
For American people of British descent, see British American.British America is the anachronistic term used to refer to the territories under the control of the Crown or Parliament in present day North America , Central America, the Caribbean, and Guyana...

, dedicated to the abolition of slavery, was formed by Anthony Benezet
Anthony Benezet
Anthony Benezet, or Antoine Bénézet , was a French-born American educator and abolitionist.-Biography:Anthony Benezet was born in Saint-Quentin, France, on 31 January 1713. His family were Huguenots. Because of the persecution of Protestants after the revocation of the Edict of Nantes in 1685,...

 in 1775. A year later, the Declaration of Independence
United States Declaration of Independence
The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...

 would advocate for civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...

 based on the self-evident truth “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” This view of human liberties postulates that fundamental rights are not granted by the government but are inalienable and inherent to each individual, anteceding government.

Holding to these principles, the United States Constitution, adopted in 1787, created a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...

 that guaranteed several rights and civil liberties. Those rights and liberties were further codified in the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...

 (the first ten amendments of the Constitution) and subsequently extended over time to more universal applicability through judicial rulings and law and reflecting the evolving norms of societyslavery being constitutionally abolished in 1865 and women's suffrage being established nationally in 1920.

In the 20th century, the United States took a leading role in the creation of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 and in the drafting of the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

. Much of the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

 was modeled in part on the U.S. Bill of Rights. Even as such, the United States is in violation of the Declaration, in as much that "everyone has the right to leave any country" because the government may prevent the entry and exit of anyone from the United States for foreign policy, national security, or child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...

 rearage
Arrears
Arrears is a legal term for the part of a debt that is overdue after missing one or more required payments. The amount of the arrears is the amount accrued from the date on which the first missed payment was due...

 reasons by revoking their passport.

In the 21st century, the US actively attempted to undermine the Rome Statute of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

.

Legal framework

Domestic legal protection structure

According to Human Rights: The Essential Reference, "the American Declaration of Independence was the first civic document that met a modern definition of human rights." The Constitution recognizes a number of inalienable human rights, including freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

, freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...

, freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...

, the right to keep and bear arms, freedom from cruel and unusual punishment, and the right to a fair trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...

 by jury.

Constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...

s have been enacted as the needs of the society evolved. The Ninth Amendment
Ninth Amendment to the United States Constitution
The Ninth Amendment to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution.-Text:-Adoption:When the U.S...

 and Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

 recognize that not all human rights have yet been enumerated. The Civil Rights Act
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

 and the Americans with Disabilities Act are examples of human rights that were enumerated by Congress well after the Constitution's writing. The scope of the legal protections of human rights afforded by the US government is defined by case law, particularly by the precedent of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

.

Within the federal government, the debate about what may or may not prove to be an emerging human right is held in two forums, the United States Congress which may enumerate these or the Supreme Court which may articulate rights not recognized. Additionally the individual states, either through court action or legislation, have often protected human rights not recognized at federal level (for example Massachusetts being the first, of several, states to recognize same sex marriage.

Effect of international treaties

In the context of human rights and treaties which recognize or create individual rights, there are self-executing and non-self-executing treaties. Non-self-executing treaties, those which ascribe rights which under the Constitution may be assigned by law, require legislative action to execute the contract (treaty) before it can become applicable to law. There are also cases which explicitly require legislative approval according to the Constitution, such as cases which would potentially commit the U.S. to declare war or which require appropriation of funds.

Treaties regarding human rights, which create a duty to refrain from acting in a particular manner or confer specific rights, are generally held to be self-executing, requiring no further legislative action. In cases where legislative bodies refuse to recognize otherwise self-executing treaties by declaring them to be non-self-executing in an act of legislative non-recognition, constitutional scholars argue that such acts violate the separation of powersin cases of controversy, the judiciary, not Congress, has the authority under Article III to apply treaty law to cases before the court. This is a key provision in cases where the Congress declares a human rights treaty to be non-self-executing, for example, by contending it does not add anything to human rights under U.S. domestic law. The International Covenant on Civil and Political Rights is one such case, which, while ratified after more than two decades of inaction, was done so with reservations, understandings, and declarations.

Racial

The Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...

 of the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

 guarantees that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." In addition, Fifteenth Amendment to the United States Constitution
Fifteenth Amendment to the United States Constitution
The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...

 prohibits the denial of a citizen of the right to vote based on that citizen's "race, color, or previous condition of servitude".

The United States was the first major industrialized country to enact comprehensive legislation prohibiting discrimination on the basis of race and national origin in the workplace in the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

 (CRA), while most of the world contains no such recourse for job discrimination. The CRA is perhaps the most prominent civil rights legislation enacted in modern times, has served as a model for subsequent anti-discrimination laws and has greatly expanded civil rights protections in a wide variety of settings. The United States' 1991 provision of recourse for victims of such discrimination for punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...

 and full back pay has virtually no parallel in the legal systems of any other nation.

In addition to individual civil recourse, the United States possesses anti-discrimination government enforcement bodies, such as the Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,...

, while only the United Kingdom and Ireland possess faintly analogous bureaucracies. Beginning in 1965, the United States also began a program of affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...

 which not only obliges employers not to discriminate, but also requires them to provide preferences for groups protected under the Civil Rights Act to increase their numbers where they are judged to be underrepresented.

Such affirmative action programs are also applied in college admissions. The United States also prohibits the imposition of any "voting qualification or prerequisite to voting, or standard, practice, or procedure ... to deny or abridge the right of any citizen of the United States to vote on account of race or color", which prevents the use of grandfather clause
Grandfather clause
Grandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...

s, literacy test
Literacy test
A literacy test, in the context of United States political history, refers to the government practice of testing the literacy of potential citizens at the federal level, and potential voters at the state level. The federal government first employed literacy tests as part of the immigration process...

s, poll taxes and white primaries
White primaries
White primaries were primary elections in the Southern States of the United States of America in which any non-White voter was prohibited from participating. White primaries were found in many Southern States after 1890 about until 1944...

.

Prior to the passage of the Thirteenth Amendment to the United States Constitution
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...

, slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...

 was legal in some states of the United States until 1865. Influenced by the principles of the Religious Society of Friends
Religious Society of Friends
The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...

, Anthony Benezet
Anthony Benezet
Anthony Benezet, or Antoine Bénézet , was a French-born American educator and abolitionist.-Biography:Anthony Benezet was born in Saint-Quentin, France, on 31 January 1713. His family were Huguenots. Because of the persecution of Protestants after the revocation of the Edict of Nantes in 1685,...

 formed the Pennsylvania Abolition Society in 1775, believing that all ethnic groups were considered equal and that human slavery was incompatible with Christian beliefs. Benezet extended the recognition of human rights to Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...

 and he argued for a peaceful solution to the violence between the Native and European Americans. Benjamin Franklin
Benjamin Franklin
Dr. Benjamin Franklin was one of the Founding Fathers of the United States. A noted polymath, Franklin was a leading author, printer, political theorist, politician, postmaster, scientist, musician, inventor, satirist, civic activist, statesman, and diplomat...

 became the president of Benezet's abolition society in the late 18th century. In addition, the Fourteenth Amendment was interpreted to permit what was termed Separate but equal
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...

treatment of minorities until the United States Supreme Court overturned this interpretation in 1954, which consequently overturned Jim Crow laws
Jim Crow laws
The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans...

. Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...

 did not have citizenship rights until the Dawes Act
Dawes Act
The Dawes Act, adopted by Congress in 1887, authorized the President of the United States to survey Indian tribal land and divide the land into allotments for individual Indians. The Act was named for its sponsor, Senator Henry L. Dawes of Massachusetts. The Dawes Act was amended in 1891 and again...

 of 1887 and the Indian Citizenship Act of 1924
Indian Citizenship Act of 1924
The Indian Citizenship Act of 1924, also known as the Snyder Act, was proposed by Representative Homer P. Snyder of New York and granted full U.S. citizenship to America's indigenous peoples, called "Indians" in this Act...

.

Following the 2008 presidential election, Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

 was sworn in as the first African-American president of the United States on January 20, 2009. In his Inaugural Address, President Obama stated "A man whose father less than 60 years ago might not have been served at a local restaurant can now stand before you to take a most sacred oath....So let us mark this day with remembrance, of who we are and how far we have traveled".

Gender

The Nineteenth Amendment to the United States Constitution
Nineteenth Amendment to the United States Constitution
The Nineteenth Amendment to the United States Constitution prohibits any United States citizen to be denied the right to vote based on sex. It was ratified on August 18, 1920....

 prohibits the states and the federal government from denying any citizen the right to vote because of that citizen's sex. While this does not necessarily guarantee all women the right to vote, as suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...

 qualifications are determined by individual states, it does mean that states' suffrage qualifications may not prevent women from voting due to their gender.

The United States was the first major industrialized country to enact comprehensive CRA
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

 legislation prohibiting discrimination on the basis of gender in the workplace while most of the world contains no such recourse for job discrimination. The United States' 1991 provision of recourse for discrimination victims for punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...

 and full back pay has virtually no parallel in the legal systems of any other nation. In addition to individual civil recourse, the United States possesses anti-discrimination government enforcement bodies, such as the Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,...

, while only the United Kingdom and Ireland possess faintly analogous bureaucracies. Beginning in 1965, the United States also began a program of affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...

 which not only obliges employers not to discriminate, but also requires them to provide preferences for groups protected under the CRA
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

 to increase their numbers where they are judged to be underrepresented. Such affirmative action programs are also applied in college admissions.

The United States was also the first country to legally define sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...

 in the workplace. Because sexual harassment is therefore a Civil Rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 violation, individual legal rights of those harassed in the workplace are comparably stronger in the United States than in most European countries. , Employment Discrimination Law Under Title VII, Oxford University Press US, 2008, ISBN 0-19-533898-7 The Selective Service System
Selective Service System
The Selective Service System is a means by which the United States government maintains information on those potentially subject to military conscription. Most male U.S. citizens and male immigrant non-citizens between the ages of 18 and 25 are required by law to have registered within 30 days of...

 does not require women to register for a possible military draft and the United States military does not permit women to serve in some front-line combat units. The U.S does not allow women who work the same jobs as men to be paid the same amount, women only earn 77 cents for every dollar a man earns.

Disability

The United States was the first country in the world to adopt sweeping antidiscrimination legislation for people with disabilities, the Americans with Disabilities Act of 1990
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009....

 (ADA). The ADA reflected a dramatic shift toward the employment of persons with disabilities to enhance the labor force participation of qualified persons with disabilities and in reducing their dependence on government entitlement programs. The ADA amends the CRA
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

 and permits plaintiffs to recover punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...

. The ADA has been instrumental in the evolution of disability discrimination law in many countries, and has had such an enormous impact on foreign law development that its international impact may be even larger than its domestic impact. Although ADA Title I was found to be unconstitutional
Board of Trustees of the University of Alabama v. Garrett
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 , was a United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the Constitution...

, the Supreme Court has extended the protection
Bragdon v. Abbott
Bragdon v. Abbott, 524 U.S. 624 , was a case in which the Supreme Court of the United States held that reproduction does qualify as a major life activity according to the Americans with Disabilities Act of 1990 .- Facts :...

 to people with Acquired immune deficiency syndrome (AIDS).

It is important to note that federal benefits such as Social Security Disability Insurance
Social Security Disability Insurance
Social Security Disability Insurance is a payroll tax-funded, federal insurance program of the United States government. It is managed by the Social Security Administration and is designed to provide income supplements to people who are physically restricted in their ability to be employed...

 (SSDI) and Supplemental Security Income
Supplemental Security Income
Supplemental Security Income is a United States government program that provides stipends to low-income people who are either aged , blind, or disabled. Although administered by the Social Security Administration, SSI is funded from the U.S. Treasury general funds, not the Social Security trust fund...

 (SSI) are often administratively viewed in the United States as being primarily or near-exclusively the entitlement only of impoverished U.S. people with disabilities, and not applicable to those with disabilities who make significantly above-poverty level income. This is proven in practice by the general fact that in the U.S., if a disabled person on SSI without significant employment income suddenly finds him or her self in a position of employment, with a salary or wage at or above the living wage
Living wage
In public policy, a living wage is the minimum hourly income necessary for a worker to meet basic needs . These needs include shelter and other incidentals such as clothing and nutrition...

 threshold, s/he will often discover that the benefits to which s/he was previously entitled have been withdrawn by the state-based or federal government, because supposedly the new job "invalidates" the need for this assistance. The U.S. is the only industrialized country in the world to have this particular approach to physical disability assistance programming.

Sexual orientation

The Constitution of the United States explicitly recognizes certain individual rights. The 14th Amendment recognizes that some human rights may exist but are not yet recognized within constitutional law; for example, civil rights for people of color and disability rights were long unrecognized. There may exist additional gender-related civil rights that are presently not recognized by US law but it does not explicitly state any sexual orientation rights. Some states have recognized sexual orientation rights which are discussed below.

The United States Federal Government does not have any substantial body of law relating to marriage; these laws have developed separately within each state. The Full faith and credit clause
Full Faith and Credit Clause
The Full Faith and Credit Clause is the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." According to...

 of the US Constitution ordinarily guarantees the recognition of a marriage performed in one state by another. However, the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 passed the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...

 of 1996, which affirmed that no state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 (or other political subdivision within the United States
Political divisions of the United States
The political units and divisions of the United States include:*The 50 states are subdivided into counties . The counties may be further subdivided into townships, or towns in New York and New England...

) need recognize a marriage between persons of the same sex, even if the marriage was concluded or recognized in another state and the Federal Government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

 may not recognize same-sex or polygamous marriages
Plural marriage
Polygamy was taught by leaders of The Church of Jesus Christ of Latter-day Saints for more than half of the 19th century, and practiced publicly from 1852 to 1890.The Church's practice of polygamy has been highly controversial, both within...

 for any purpose, even if concluded or recognized by one of the states. The US Constitution denies the federal government any authority to limit state recognition of sexual orientation rights or protections. This federal law only limits the interstate recognition of individual state laws and does not limit state law in any way.

State laws

Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...

 was the first state to pass a law explicitly prohibiting discrimination on the basis of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

. In 1996, Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...

 ruled same-sex marriage is a Hawaiian constitutional right. Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...

, Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...

, and New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...

 are the only states that allow same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

. Same-sex marriage rights were established by the California Supreme Court in 2008, and over 18,000 same-sex couples were married. In November 2008 voters passed Proposition 8
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...

, amending the state constitution to deny same-sex couples marriage rights which was upheld in a May 2009 decision which also allowed existing same-sex marriages to stand.

Privacy

Privacy is not explicitly stated in the United States Constitution. In the Griswold v. Connecticut
Griswold v. Connecticut
Griswold v. Connecticut, , was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives...

case, the Supreme Court ruled that it is implied in the Constitution. In the Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...

case, the Supreme Court used privacy rights to overturn most laws against abortion in the United States
Abortion in the United States
Abortion in the United States has been legal in every state since the United States Supreme Court decision in Roe v. Wade, on January 22, 1973...

. In the Cruzan v. Director, Missouri Department of Health
Cruzan v. Director, Missouri Department of Health
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 , was a United States Supreme Court case argued on December 6, 1989 and decided on June 25, 1990...

case, the Supreme Court held that the patient had a right of privacy to terminate medical treatment. In Gonzales v. Oregon
Gonzales v. Oregon
Gonzales v. Oregon, 546 U.S. 243 , was a decision by the United States Supreme Court, which ruled that the United States Attorney General could not enforce the federal Controlled Substances Act against physicians who prescribed drugs, in compliance with Oregon state law, for the assisted suicide of...

, the Supreme Court held that the Federal Controlled Substances Act
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...

 can not prohibit physician-assisted suicide
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....

 allowed by the Oregon Death with Dignity Act. The Supreme Court upheld the constitutionality of criminalizing oral and anal sex in the Bowers v. Hardwick
Bowers v. Hardwick
Bowers v. Hardwick, , is a United States Supreme Court decision that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court...

decision; however, it overturned the decision in the Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...

case and established the protection to sexual privacy.

Accused

The United States maintains a presumption of innocence
Presumption of innocence
The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...

 in legal procedures. The Fourth
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...

, Fifth
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

, Sixth Amendment to the United States Constitution
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...

 and Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...

 deals with the rights of criminal suspects. Later the protection was extended to civil cases as well In the Gideon v. Wainwright
Gideon v. Wainwright
Gideon v. Wainwright, , is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own...

case, the Supreme Court requires that indigent criminal defendants who are unable to afford their own attorney be provided counsel at trial. Since the Miranda v. Arizona
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...

case, the United States requires police departments to inform arrested persons of their rights, which is later called Miranda warning
Miranda warning
The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...

 and typically begins with "You have the right to remain silent."

Freedom of religion

The establishment clause of the first amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 prohibits the establishment of a national religion by Congress or the preference of one religion over another. The clause was used to limit school praying
School prayer
School prayer in its common usage refers to state-approved prayer by students in state schools. Depending on the country and the type of school, organized prayer may be required, permitted, or prohibited...

, beginning with Engel v. Vitale
Engel v. Vitale
Engel v. Vitale, 370 U.S. 421 , was a landmark United States Supreme Court case that determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools....

, which ruled government-led prayer unconstitutional. Wallace v. Jaffree
Wallace v. Jaffree
Wallace v. Jaffree, , was a United States Supreme Court case deciding on the issue of silent school prayer.An Alabama law authorized teachers to set aside one minute at the start of each day for a moment of "silent meditation or voluntary prayer," and sometimes the teacher of the classroom asked...

banned moments of silence allocated for praying. The Supreme Court also ruled clergy-led prayer at public high school graduations unconstitutional with Lee v. Weisman
Lee v. Weisman
Lee v. Weisman, 505 U.S. 577 , was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It involved prayers led by religious authority figures at public school graduation ceremonies...

.

The free exercise clause
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...

 guarantees the free exercise of religion. The Supreme Court's Lemon v. Kurtzman
Lemon v. Kurtzman
Lemon v. Kurtzman, 403 U.S. 602 , was a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools for the salaries of teachers who...

decision established the "Lemon test" exception, which details the requirements for legislation concerning religion. The Employment Division v. Smith
Employment Division v. Smith
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 , is a United States Supreme Court case that determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was...

decision, the Supreme Court maintained a "neutral law of general applicability" can be used to limit religion exercises. In the City of Boerne v. Flores
City of Boerne v. Flores
City of Boerne v. Flores, 521 U.S. 507 , was a Supreme Court case concerning the scope of Congress's enforcement power under the fifth section of the Fourteenth Amendment...

decision, the Religious Freedom Restoration Act
Religious Freedom Restoration Act
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 , codified at through , is a 1993 United States federal law aimed at preventing laws that substantially burden a person's free exercise of their religion. The bill was introduced by Howard McKeon of California and...

 was struck down as exceeding congressional power; however, the decision's effect is limited by the Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal
Gonzales v. O Centro Espírita Beneficente União do Vegetal
Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 , is a case decided by the United States Supreme Court involving the Federal Government's seizure of a sacramental tea, containing a Schedule I substance, from a New Mexican branch of the Brazilian church União do Vegetal...

decision, which requires states to express compelling interest in prohibiting illegal drug use in religious practices.

Freedom of expression

The United States, like other liberal democracies
Liberal democracy
Liberal democracy, also known as constitutional democracy, is a common form of representative democracy. According to the principles of liberal democracy, elections should be free and fair, and the political process should be competitive...

, is supposed to be a constitutional republic
Constitutional republic
A constitutional republic is a state in which the head of state and other officials are representatives of the people and must govern according to existing constitutional law that limits the government's power over all of its citizens...

 based on founding documents that restrict the power of government to preserve the liberty of the people. The freedom of expression (including speech, media
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...

, and public assembly
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....

) is an important right and is given special protection, as declared by the First amendment of the constitution. According to Supreme Court precedent, the federal and lower governments may not apply prior restraint
Prior restraint
Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...

 to expression, with certain exceptions, such as national security and obscenity. There is no law punishing insults against the government, ethnic groups, or religious groups. Symbols of the government or its officials may be destroyed in protest, including the American flag. Legal limits on expression include:
  • Solicitation
    Solicitation
    Literally, solicitation means: 'urgently asking'. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services...

    , fraud
    Fraud
    In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

    , specific threats of violence, or disclosure of classified information
    Classified information
    Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...

    .
  • Advocating the overthrow of the U.S. government through speech or publication, or organizing political parties which advocate the overthrow of the U.S. government (the Smith Act
    Smith Act
    The Alien Registration Act or Smith Act of 1940 is a United States federal statute that set criminal penalties for advocating the overthrow of the U.S...

    ).
  • Civil offenses involving defamation, fraud, or workplace harassment
    Harassment
    Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...

  • Copyright
    Copyright
    Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...

     violations
  • Federal Communications Commission
    Federal Communications Commission
    The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...

     rules governing the use of broadcast media.
  • Crimes involving sexual obscenity in pornography and text only erotic stories.
  • Ordinances requiring mass demonstrations on public property to register in advance.
  • The use of free speech zone
    Free speech zone
    Free speech zones are areas set aside in public places for political activists to exercise their right of free speech in the United States. The First Amendment to the United States Constitution states that "Congress shall make no law... abridging.....

    s and protest free zones
    Exclusion zone
    An exclusion zone is an area that protesters are legally prohibited from protesting in.Exclusion zones often exist around seats of government and abortion clinics. As a result of protests by the Westboro Baptist Church at the funerals of soldiers killed in the Iraq War, 29 states and the US...

    .
  • Military censorship of blogs written by military personnel claiming some include sensitive information ineligible for release. Some critics view military officials as trying to suppress dissent from troops in the field. The US Constitution specifically limits the human rights of active duty members, and this constitutional authority is used to limit speech rights by members in this and in other ways.


Some laws remain controversial due to concerns that they infringe on freedom of expression. These include the Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...

 and the Bipartisan Campaign Reform Act
Bipartisan Campaign Reform Act
The Bipartisan Campaign Reform Act of 2002 is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were Senators Russell Feingold and John McCain...

.

Although Americans are supposed to enjoy the freedom to peacefully protest, protesters are sometimes mistreated, arrested or jailed. On February 19, 2011, Ray McGovern was dragged out of a speech by Hillary Clinton on Internet freedom, in which she said that people should be free to protest without fear of violence. McGovern, who was wearing a Veterans for Peace
Veterans for Peace
Veterans For Peace is a United States organization founded in 1985. Made up of male and female US military veterans of World War II, the Korean War, the Vietnam War, the Gulf War, and other conflicts, as well as peacetime veterans, the group works to promote alternatives to war.-Foundation:The...

 t-shirt, stood up during the speech and silently turned his back on Clinton. He was then assaulted by undercover and uniformed police, roughed up, handcuffed and jailed. He suffered bruises and lacerations in the attack which required medical treatment. Protesters have also been arrested for protesting outside of designated “free speech zones”. At the 2004 Republican National Convention in New York City, over 1,700 protesters were arrested. On May 4, 1970, Ohio National Guardsmen opened fire on protesting students at Kent State University, killing four students. Investigators determined that 28 Guardsmen fired 61 to 67 shots. The Justice Department concluded that the Guardsmen were not in danger and that their claim that they fired in self-defense was untrue. The nearest student was almost 100 yards away at the time of the shooting. On March 7, 1965, approximately 600 civil rights marchers were violently dispersed by state and local police near the Edmund Pettus Bridge outside of Selma, Alabama.

In two high profile cases, grand juries have decided that Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...

magazine reporter Matthew Cooper and New York Times reporter Judith Miller must reveal their sources in cases involving CIA leaks. Time magazine exhausted its legal appeals, and Mr. Cooper eventually agreed to testify. Miller was jailed for 85 days before cooperating. U.S. District Chief Judge Thomas F. Hogan ruled that the First Amendment does not insulate Time magazine reporters from a requirement to testify before a criminal grand jury that's conducting the investigation into the possible illegal disclosure of classified information.

Approximately 30,000 government employees and contractors are currently employed to monitor telephone calls and other communications.

Freedom of movement

As per § 707(b) of the Foreign Relations Authorization Act, Fiscal Year 1979, United States passport
United States passport
United States passports are passports issued to citizens and non-citizen nationals of the United States of America. They are issued exclusively by the U.S. Department of State. Besides issuing passports , also limited use passport cards are issued by the same organization subject to the same...

s are required to enter and exit the country, and as per the Passport Act of 1926 and Haig v. Agee
Haig v. Agee
Haig v. Agee, 453 U.S. 280 , is a U.S. Supreme Court case involving Congressional delegation of authority over control of passports and the right to international travel. Philip Agee was an ex-Central Intelligence Agency agent living in West Germany who in 1974 declared a "campaign to fight the U.S...

, the Presidential administration may deny or revoke passports for foreign policy
Foreign policy
A country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries...

 or national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...

 reasons at any time. Perhaps the most notable example of enforcement of this ability was the 1948 denial of a passport to U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 Leo Isacson
Leo Isacson
Leo Isacson was an American Labor member of the United States House of Representatives from New York.Isacson was born in New York City. He graduated from New York University in 1931 and New York University School of Law in 1933. He was member of the New York State Assembly from 1945 until 1946...

, who sought to go to Paris to attend a conference as an observer for the American Council for a Democratic Greece, a Communist front
Communist front
A Communist front organization is an organization identified to be a front organization under the effective control of a Communist party, the Communist International or other Communist organizations. Lenin originated the idea in his manifesto of 1902, "What Is to Be Done?"...

 organization, because of the group's role in opposing the Greek government in the Greek Civil War
Greek Civil War
The Greek Civil War was fought from 1946 to 1949 between the Greek governmental army, backed by the United Kingdom and United States, and the Democratic Army of Greece , the military branch of the Greek Communist Party , backed by Bulgaria, Yugoslavia and Albania...

.

The United States prevents U.S. citizens to travel to Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...

, citing national security reasons, as part of an embargo against Cuba
United States embargo against Cuba
The United States embargo against Cuba is a commercial, economic, and financial embargo partially imposed on Cuba in October 1960...

 that has been condemned as an illegal act by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

. The current exception to the ban on travel to the island, permitted since April 2009, has been an easing of travel restrictions for Cuban-Americans visiting their relatives. Restrictions continue to remain in place for the rest of the American populace.

On June 30, 2010, the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

 filed a lawsuit on behalf of ten people who are either U.S. citizens or legal residents of the U.S., challenging the constitutionality of the government's "no-fly" list. The plaintiffs have not been told why they are on the list. Five of the plaintiffs have been stranded abroad. It is estimated that the "no-fly" list contained about 8,000 names at the time of the lawsuit.

The Secretary of State can deny a passport to anyone imprisoned, on parole, or on supervised release for a conviction for international drug trafficking or sex tourism, or to anyone who is behind on their child support payments.

The following case precedents are typically cited in defense of unencumbered travel within the United States:

"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.

"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

"Undoubtedly the right of locomotion, the right to move from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the 14th amendment and by other provisions of the Constitution." Schactman v. Dulles, 96 App DC 287, 293.

"The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

Freedom of association

Freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....

 is the right of individuals to come together in groups for political action or to pursue common interests.

Freedom of association in the U.S. is restricted by the Smith Act
Smith Act
The Alien Registration Act or Smith Act of 1940 is a United States federal statute that set criminal penalties for advocating the overthrow of the U.S...

, which bans political parties which advocate the violent overthrow of the U.S. government.

Between 1956 and 1971, the FBI attempted to "expose, disrupt, misdirect, discredit, or otherwise neutralize" radical groups through the COINTELPRO
COINTELPRO
COINTELPRO was a series of covert, and often illegal, projects conducted by the United States Federal Bureau of Investigation aimed at surveilling, infiltrating, discrediting, and disrupting domestic political organizations.COINTELPRO tactics included discrediting targets through psychological...

 program.

In 2008, the Maryland State Police admitted that they had added the names of Iraq War protesters and death penalty opponents to a terrorist database. They also admitted that other "protest groups" were added to the terrorist database, but did not specify which groups. It was also discovered that undercover troopers used aliases to infiltrate organizational meetings, rallies and group e-mail lists. Police admitted there was "no evidence whatsoever of any involvement in violent crime" by those classified as terrorists.

National security exceptions

The United States government has declared martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...

, suspended (or claimed exceptions to) some rights on national security grounds, typically in wartime and conflicts such as the United States Civil War, Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...

 or the War against Terror
War on Terrorism
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...

. 70,000 Americans of Japanese ancestry were legally interned during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

 under Executive Order 9066
Executive Order 9066
United States Executive Order 9066 was a United States presidential executive order signed and issued during World War II by U.S. President Franklin D. Roosevelt on February 19, 1942 authorizing the Secretary of War to prescribe certain areas as military zones...

. In some instances the federal courts have allowed these exceptions, while in others the courts have decided that the national security interest was insufficient. Presidents Lincoln, Wilson, and F.D. Roosevelt ignored such judicial decisions.

Historical restrictions

Sedition laws have sometimes placed restrictions on freedom of expression. The Alien and Sedition Acts
Alien and Sedition Acts
The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution's reign of terror and during an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams...

, passed by President John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...

 during an undeclared naval conflict with France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, allowed the government to punish "false" statements about the government and to deport "dangerous" immigrants. The Federalist Party used these acts to harass supporters of the Democratic-Republican Party. While Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...

 was president, another broad sedition law called the Sedition Act of 1918
Sedition Act of 1918
The Sedition Act of 1918 was an Act of the United States Congress that extended the Espionage Act of 1917 to cover a broader range of offenses, notably speech and the expression of opinion that cast the government or the war effort in a negative light or interfered with the sale of government bonds...

, was passed during World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

. It also caused the arrest and ten year sentencing of Socialist Party of America
Socialist Party of America
The Socialist Party of America was a multi-tendency democratic-socialist political party in the United States, formed in 1901 by a merger between the three-year-old Social Democratic Party of America and disaffected elements of the Socialist Labor Party which had split from the main organization...

 Presidential candidate Eugene V. Debs
Eugene V. Debs
Eugene Victor Debs was an American union leader, one of the founding members of the International Labor Union and the Industrial Workers of the World , and several times the candidate of the Socialist Party of America for President of the United States...

 for speaking out against the atrocities of World War I, although he would later be released early by President Warren G. Harding
Warren G. Harding
Warren Gamaliel Harding was the 29th President of the United States . A Republican from Ohio, Harding was an influential self-made newspaper publisher. He served in the Ohio Senate , as the 28th Lieutenant Governor of Ohio and as a U.S. Senator...

. Countless others, labeled as "subverts" (especially the Wobblies), were investigated by the Woodrow Wilson Administration.

Presidents have claimed the power to imprison summarily, under military jurisdiction, those suspected of being combatants for states or groups at war against the United States. Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...

 invoked this power in the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

 to imprison Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...

 secessionists. In that case, the Supreme Court concluded that only Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 could suspend the writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

, and the government released the detainees. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, the United States interned thousands of Japanese-Americans
Japanese American internment
Japanese-American internment was the relocation and internment by the United States government in 1942 of approximately 110,000 Japanese Americans and Japanese who lived along the Pacific coast of the United States to camps called "War Relocation Camps," in the wake of Imperial Japan's attack on...

 on alleged fears that Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

 might use them as saboteurs.

The Fourth Amendment of the United States Constitution forbids unreasonable search and seizure without a warrant, but some administrations have claimed exceptions to this rule to investigate alleged conspiracies
Conspiracy (political)
In a political sense, conspiracy refers to a group of persons united in the goal of usurping or overthrowing an established political power. Typically, the final goal is to gain power through a revolutionary coup d'état or through assassination....

 against the government. During the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...

, the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...

 established COINTELPRO
COINTELPRO
COINTELPRO was a series of covert, and often illegal, projects conducted by the United States Federal Bureau of Investigation aimed at surveilling, infiltrating, discrediting, and disrupting domestic political organizations.COINTELPRO tactics included discrediting targets through psychological...

 to infiltrate and disrupt left-wing organizations, including those that supported the rights of black Americans.

National security, as well as other concerns like unemployment
Unemployment
Unemployment , as defined by the International Labour Organization, occurs when people are without jobs and they have actively sought work within the past four weeks...

, has sometimes led the United States to toughen its generally liberal immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...

 policy. The Chinese Exclusion Act
Chinese Exclusion Act (United States)
The Chinese Exclusion Act was a United States federal law signed by Chester A. Arthur on May 8, 1882, following revisions made in 1880 to the Burlingame Treaty of 1868. Those revisions allowed the U.S. to suspend immigration, and Congress subsequently acted quickly to implement the suspension of...

 of 1882 all but banned Chinese
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

 immigrants, who were accused of crowding out
Crowding out (economics)
In economics, crowding out occurs when Expansionary Fiscal Policy causes interest rates to rise, thereby reducing private spending. That means increase in government spending crowds out investment spending....

 American workers.

Nationwide Suspicious Activity Reporting Initiative

The federal government has set up a data collection and storage network that keeps a wide variety of data on tens of thousands of Americans who have not been accused of committing a crime. Operated primarily under the direction of the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...

, the program is known as the Nationwide Suspicious Activity Reporting Initiative
Nationwide Suspicious Activity Reporting Initiative
The Nationwide Suspicious Activity Reporting Initiative is a program of the United States Government used to collect and share reports of suspicious activity by people in the United States....

 or SAR. Reports of suspicious behavior noticed by local law enforcement or by private citizens are forwarded to the program, and profiles are constructed of the persons under suspicion. see also Fusion Center
Fusion center
A fusion center is a terrorism prevention and response center, many of which were created under a joint project between the Department of Homeland Security and the US Department of Justice's Office of Justice Programs between 2003 and 2007....

.

Labor rights

Labor rights in the United States have been linked to basic constitutional rights. Comporting with the notion of creating an economy based upon highly skilled and high wage labor employed in a capital-intensive dynamic growth economy, the United States enacted laws mandating the right to a safe workplace, Workers compensation, Unemployment insurance, fair labor standards, collective bargaining
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...

 rights, Social Security
Social Security (United States)
In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...

, along with laws prohibiting child labor
Child labor
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...

 and guaranteeing a minimum wage
Minimum wage
A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labour. Although minimum wage laws are in effect in a great many jurisdictions, there are differences of opinion about...

. While U.S. workers tend to work longer hours than other industrialized nations, lower taxes and more benefits give them a larger disposable income than those of most industrialized nations, however the advantage of lower taxes have been challenged. See: Disposable and discretionary income. U.S. workers are among the most productive in the world. During the 19th and 20th centuries, safer conditions and workers' rights were gradually mandated by law. In 1935, the National Labor Relations Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...

 recognized and protected "the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands." However, many states hold to the principle of at-will employment
At-will employment
At-will employment is a doctrine of American law that defines anemployment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a...

, which says an employee can be fired for any or no reason, without warning and without recourse, unless violation of State or Federal civil rights laws can be proven.

Health care

The Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

, adopted by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 in 1948, states that “everyone has the right to a standard of living adequate for the health and well-being of oneself and one’s family, including food, clothing, housing, and medical care.” In addition, the Principles of Medical Ethics of the American Medical Association require medical doctors to respect the human rights of the patient, including that of providing medical treatment when it is needed. Americans' rights in health care are regulated by the US Patients' Bill of Rights.

Unlike most other industrialized nations, the United States does not offer most of its citizens subsidized health care. The United States Medicaid
Medicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...

 program provides subsidized coverage to some categories of individuals and families with low incomes and resources, including children, pregnant women, and very low-income people with disabilities (higher-earning people with disabilities do not qualify for Medicaid, although they do qualify for Medicare). However, according to Medicaid's own documents, "the Medicaid program does not provide health care services, even for very poor persons, unless they are in one of the designated eligibility groups."

Nonetheless, some states offer subsidized health insurance to broader populations. Coverage is subsidized for persons age 65 and over, or who meet other special criteria through Medicare
Medicare (United States)
Medicare is a social insurance program administered by the United States government, providing health insurance coverage to people who are aged 65 and over; to those who are under 65 and are permanently physically disabled or who have a congenital physical disability; or to those who meet other...

. Every person with a permanent disability, both young and old, is inherently entitled to Medicare
Medicare (United States)
Medicare is a social insurance program administered by the United States government, providing health insurance coverage to people who are aged 65 and over; to those who are under 65 and are permanently physically disabled or who have a congenital physical disability; or to those who meet other...

 health benefits — a fact not all disabled US citizens are aware of. However, just like every other Medicare recipient, a disabled person finds that his or her Medicare benefits only cover up to 80% of anything in the U.S. medical system, and that the other 20% must be paid by other means (typically supplemental, privately-held insurance plans, or cash out of the person's own pocket). Therefore, even the Medicare program is not truly national health insurance
National health insurance
National health insurance is health insurance that insures a national population for the costs of health care and usually is instituted as a program of healthcare reform. It is enforced by law. It may be administered by the public sector, the private sector, or a combination of both...

 or universal health care
Universal health care
Universal health care is a term referring to organized health care systems built around the principle of universal coverage for all members of society, combining mechanisms for health financing and service provision.-History:...

 the way most of the rest of the industrialized world understands it.

The Emergency Medical Treatment and Active Labor Act
Emergency Medical Treatment and Active Labor Act
The Emergency Medical Treatment and Active Labor Act is a U.S. Act of Congress passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act . It requires hospitals to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to...

 of 1986, an unfunded mandate
Unfunded mandate
In United States law and politics, unfunded mandates are regulations or conditions for receiving grants that impose costs on state or local governments or private entities for which they are not reimbursed by the federal government....

, mandates that no person may ever be denied emergency services regardless of ability to pay, citizenship, or immigration status. The Emergency Medical Treatment and Labor Act has been criticized by the American College of Emergency Physicians
American College of Emergency Physicians
The American College of Emergency Physicians is the first and largest professional organization of emergency medicine physicians in the United States. It was founded in 1968 and is now headquartered in Irving, Texas. As of 2009 ACEP has over 28,000 physician members.The college exists to support...

 as an unfunded mandate.

46.6 million residents, or 15.9 percent, were without health insurance coverage in 2005.
This number includes about ten million non-citizens, millions more who would be eligible for Medicaid
Medicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...

 but have never applied, and 18 million with annual household incomes above $50,000. According to a study led by the Johns Hopkins Children's Center, uninsured children who are hospitalized are 60% more likely to die than children who are covered by health insurance.

Justice system

The Fourth, Fifth, Sixth and Eighteenth Amendments of the Bill of Rights, along with the Fourteenth Amendment, ensure that criminal defendants have significant procedural rights that are unsurpassed by any other justice system. The Fourteenth Amendment's incorporation of due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...

 rights adds these constitutional protections to the state and local levels of law enforcement. Similarly, the United States possesses a system of judicial review over government action more powerful than any other in the world.

Death penalty

Capital punishment is controversial. Death penalty opponents regard the death penalty as inhumane and criticize it for its irreversibility and assert that it lacks a deterrent effect, as have several studies and debunking studies which claim to show a deterrent effect. According to Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

, "the death penalty is the ultimate, irreversible denial of human rights."

The 1972 US Supreme Court case Furman v. Georgia
Furman v. Georgia
Furman v. Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was...

held that arbitrary imposition of the death penalty at the states' discretion constituted cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...

 in violation of the Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...

. In California v. Anderson
California v. Anderson
The People of the State of California v. Robert Page Anderson, 493 P.2d 880, 6 Cal. 3d 628 , was a landmark case in the state of California that outlawed the use of capital punishment...

64 Cal.2d 633, 414 P.2d 366 (Cal. 1972), the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...

 classified capital punishment as cruel and unusual
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...

 and outlawed the use of capital punishment in California, until it was reinstated in 1976 after the federal supreme court rulings Gregg v. Georgia
Gregg v. Georgia
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 , reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon...

, , Jurek v. Texas, , and Proffitt v. Florida, . As of January 25, 2008, the death penalty has been abolished in the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 and fourteen states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

, mainly in the Northeast
Northeastern United States
The Northeastern United States is a region of the United States as defined by the United States Census Bureau.-Composition:The region comprises nine states: the New England states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont; and the Mid-Atlantic states of New...

 and Midwest
Midwestern United States
The Midwestern United States is one of the four U.S. geographic regions defined by the United States Census Bureau, providing an official definition of the American Midwest....

.

The UN special rapporteur
Rapporteur
Rapporteur is used in international and European legal and political contexts to refer to a person appointed by a deliberative body to investigate an issue or a situation....

 recommended to a committee of the UN General Assembly that the United States be found to be in violation of Article 6 the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...

 in regards to the death penalty in 1998, and called for an immediate capital punishment moratorium. The recommendation of the special rapporteur
Rapporteur
Rapporteur is used in international and European legal and political contexts to refer to a person appointed by a deliberative body to investigate an issue or a situation....

 is not legally binding under international law, and in this case the UN did not act upon the lawyer's recommendation.

Since the reinstatement of the death penalty in 1976 there have been 1077 executions in the United States (as of May 23, 2007). There were 53 executions in 2006. Texas overwhelmingly leads the United States in executions, with 379 executions from 1976 to 2006; the second-highest ranking state is Virginia, with 98 executions.

A ruling on March 1, 2005 by the Supreme Court in Roper v. Simmons
Roper v. Simmons
Roper v. Simmons, was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5-4 decision overruled the Court's prior ruling upholding such sentences on offenders above or at the...

prohibits the execution of people who committed their crimes when they were under the age of 18. Between 1990 and 2005, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 recorded 19 executions in the United States for crime committed by a juvenile.

It is the official policy of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

 and a number of non-EU nations to achieve global abolition of the death penalty. For this reason the EU is vocal in its criticism of the death penalty in the US and has submitted amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...

briefs in a number of important US court cases related to capital punishment. The American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

 also sponsors a project aimed at abolishing the death penalty in the United States, stating as among the reasons for their opposition that the US continues to execute minors and the mentally retarded, and fails to protect adequately the rights of the innocent.

Some opponents criticize the over-representation of blacks on death row as evidence of the unequal racial application of the death penalty. This over-representation is not limited to capital offenses, in 1992 although blacks account for 12% of the US population, about 34 percent of prison inmates were from this group. In McCleskey v. Kemp
McCleskey v. Kemp
McCleskey v. Kemp, 481 U.S. 279 , was a United States Supreme Court court case, in which the death penalty sentencing of McCleskey for armed robbery and murder was upheld...

, it was alleged the capital sentencing process was administered in a racially discriminatory manner in violation of the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...

 of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

.

In 2003, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 reported those who kill whites are more likely to be executed than those who kill blacks, citing of the 845 people executed since 1977, 80 percent were put to death for killing whites and 13 percent were executed for killing blacks, even though blacks and whites are murdered in almost equal numbers.

Prison system

The United States is seen by social critics, including international and domestic human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 groups and civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 organizations, as a state that violates fundamental human rights, because of disproportionately heavy, in comparison with other countries, reliance on crime control, individual behavior control (civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...

), and societal control of disadvantaged
Disadvantaged
The "disadvantaged" is a generic term for individuals or groups of people who:* Face special problems such as physical or mental disability * Lack money or economic support....

 groups through a harsh police and criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...

 system. The U.S. penal system is implemented on the federal, and in particular on the state and local levels. This social policy
Social policy
Social policy primarily refers to guidelines, principles, legislation and activities that affect the living conditions conducive to human welfare. Thus, social policy is that part of public policy that has to do with social issues...

 has resulted in a high rate of incarceration, which affects Americans
The New Jim Crow
The New Jim Crow is a 2010 book and a name given to a category of race-related social and political phenomena in the United States by Michelle Alexander, a civil rights litigator and legal scholar...

 from the lowest socioeconomic backgrounds and racial minorities
Minority group
A minority is a sociological group within a demographic. The demographic could be based on many factors from ethnicity, gender, wealth, power, etc. The term extends to numerous situations, and civilizations within history, despite the misnomer of minorities associated with a numerical statistic...

 the hardest.

Some have criticized the United States for having an extremely large prison population, where there have been reported abuses. As of 2004 the United States had the highest percentage of people in prison of any nation. There were more than 2.2 million in prisons or jails, or 737 per 100,000 population, or roughly 1 out of every 136 Americans. According to The National Council on Crime and Delinquency, since 1990 the incarceration of youth in adult jails has increased 208%. In some states youth - juvenile is defined as young as 13 years old. The researchers for this report found that Juveniles often were incarcerated to await trial for up to two years and subjected to the same treatment of mainstream inmates. The incarcerated adolescent is often subjected to a highly traumatic environment during this developmental stage. The long term effects are often irreversible and detrimental. "Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

 believes the extraordinary rate of incarceration in the United States wreaks havoc on individuals, families and communities, and saps the strength of the nation as a whole."

Examples of mistreatment claimed include prisoners left naked and exposed in harsh weather or cold air; "routine" use of rubber bullet
Rubber bullet
Rubber bullets are rubber or rubber-coated projectiles that can be fired from either standard firearms or dedicated riot guns. They are intended to be a non-lethal alternative to metal projectiles...

s and pepper spray
Pepper spray
Pepper spray, also known as OC spray , OC gas, and capsicum spray, is a lachrymatory agent that is used in riot control, crowd control and personal self-defense, including defense against dogs and bears...

;, solitary confinement
Solitary confinement
Solitary confinement is a special form of imprisonment in which a prisoner is isolated from any human contact, though often with the exception of members of prison staff. It is sometimes employed as a form of punishment beyond incarceration for a prisoner, and has been cited as an additional...

 of violent prisoners in soundproofed
Sensory deprivation
Sensory deprivation or perceptual isolation is the deliberate reduction or removal of stimuli from one or more of the senses. Simple devices such as blindfolds or hoods and earmuffs can cut off sight and hearing respectively, while more complex devices can also cut off the sense of smell, touch,...

 cells for 23 or 24 hours a day; and a range of injuries from serious injury to fatal gunshot wounds, with force at one California prison "often vastly disproportionate to the actual need or risk that prison staff faced." Such behaviors are illegal, and "professional standards clearly limit staff use of force to that which is necessary to control prisoner disorder."

Human Rights Watch raised concerns with prisoner rape and medical care for inmates. In a survey of 1,788 male inmates in Midwestern prisons by Prison Journal, about 21% claimed they had been coerced or pressured into sexual activity during their incarceration and 7% claimed that they had been raped in their current facility. Tolerance of serious sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...

 and rape in United States prisons
Prison rape
Prison rape commonly refers to the rape of inmates in prison by other inmates or prison staff.In 2001, Human Rights Watch estimated that at least 140,000 inmates had been raped while incarcerated. and there is a significant variation in the rates of prison rape by race...

 are consistently reported as widespread. It has been fought against by organizations such as Stop Prisoner Rape.

The United States has been criticized for having a high amount of non-violent and victim-less offenders incarcerated, as half of all persons incarcerated under State jurisdiction are for non-violent offences and 20 percent are incarcerated for drug offences, mostly for possession of cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...

.

The United States is the only country in the world allowing sentencing of young adolescents to life imprisonment without the possibility of parole. There are currently 73 Americans serving such sentences for crimes they committed at the age of 13 or 14. In December 2006 the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 took up a resolution calling for the abolition of this kind of punishment for children and young teenagers. 185 countries voted for the resolution and only the United States against.

Police brutality

In a 1999 report, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 said it had "documented patterns of ill-treatment across the U.S., including police beatings, unjustified shootings and the use of dangerous restraint techniques."
According to a 1998 Human Rights Watch report, incidents of police use of excessive force had occurred in cities throughout the U.S., and this behavior goes largely unchecked. An article in USA Today reports that in 2006, 96% of cases referred to the U.S. Justice Department for prosecution by investigative agencies were declined. In 2005, 98% were declined. In 2001, the New York Times reported that the U.S. government is unable or unwilling to collect statistics showing the precise number of people killed by the police or the prevalence of the use of excessive force.
Since 1999, at least 148 people have died in the United States and Canada after being shocked with Tasers by police officers, according to a 2005 ACLU report.
In one case, a handcuffed suspect was tasered nine times by a police officer before dying, and six of those taserings occurred within less than three minutes. The officer was fired and faced the possibility of criminal charges.

Inhumane treatment and torture of captured non-citizens

International and U.S. law prohibits torture and other ill-treatment of any person in custody in all circumstances. However, the United States Government has categorized a large number of people as unlawful combatants, a United States classification used mainly as an excuse to bypass international law, which denies the privileges of prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...

 (POW) designation of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...

.

Certain practices of the United States military and Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...

 have been condemned by some sources domestically and internationally as torture. A fierce debate regarding non-standard interrogation techniques exists within the US civilian and military intelligence community, with no general consensus as to what practices under what conditions are acceptable.

Abuse of prisoners is considered a crime in the United States Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

. According to a January 2006 Human Rights First
Human Rights First
Human Rights First is a nonprofit, nonpartisan human rights organization based in New York City and Washington, D.C....

 report, there were 45 suspected or confirmed homicides while in US custody in Iraq and Afghanistan; "Certainly 8, as many as 12, people were tortured to death."

Abu Ghraib prison abuse


In 2004, photos showing humiliation and abuse of prisoners were leaked from Abu Ghraib prison
Abu Ghraib prison
The Baghdad Central Prison, formerly known as Abu Ghraib prison is in Abu Ghraib, an Iraqi city 32 km west of Baghdad. It was built by British contractors in the 1950s....

, causing a political and media scandal in the US. Forced humiliation of the detainees included, but is not limited to nudity, rape, human piling of nude detainees, masturbation, eating food out of toilets, crawling on hand and knees while American soldiers were sitting on their back sometimes requiring them to bark like dogs, and hooking up electrical wires to fingers, toes, and penises. Bertrand Ramcharan
Bertrand Ramcharan
Dr. Bertrand G. Ramcharan, from Guyana, a former United Nations official who once held functional diplomatic status, was elected in January 2011 President of UPR Info, an non-governmental organisation based in Geneva working to promote and strengthen the Universal Periodic Review...

, acting UN High Commissioner for Human Rights stated that while the removal of Saddam Hussein represented "a major contribution to human rights in Iraq" and that the United States had condemned the conduct at Abu Ghraib and pledged to bring violators to justice, "willful killing, torture and inhuman treatment" represented a grave breach of international law and "might be designated as war crimes by a competent tribunal."

In addition to the acts of humiliation, there were more violent claims, such as American soldiers sodomizing detainees (including an event involving an underage boy), an incident where a phosphoric light was broken and the chemicals poured on a detainee, repeated beatings, and threats of death. Six military personnel were charged with prisoner abuse in the Abu Ghraib torture and prisoner abuse
Abu Ghraib torture and prisoner abuse
Beginning in 2004, human rights violations in the form of physical, psychological, and sexual abuse, including torture, rape, sodomy, and homicide of prisoners held in the Abu Ghraib prison in Iraq came to public attention...

 scandal. The harshest sentence was handed out to Charles Graner
Charles Graner
Charles A. Graner, Jr., is a former U.S. Army reservist who was convicted of prisoner abuse in connection with the 2003–2004 Abu Ghraib prisoner abuse scandal...

, who received a 10 year sentence to be served in a military prison and a demotion to private; the other offenders received lesser sentences.

In their report The Road to Abu Ghraib, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

 describe how:
The severest abuses at Abu Ghraib occurred in the immediate aftermath of a decision by Secretary Rumsfeld to step up the hunt for "actionable intelligence" among Iraqi prisoners. The officer who oversaw intelligence gathering at Guantanamo was brought in to overhaul interrogation practices in Iraq, and teams of interrogators from Guantanamo were sent to Abu Ghraib. The commanding general in Iraq issued orders to "manipulate an internee's emotions and weaknesses." Military police were ordered by military intelligence to "set physical and mental conditions for favorable interrogation of witnesses." The captain who oversaw interrogations at the Afghan detention center where two prisoners died in detention posted "Interrogation Rules of Engagement" at Abu Ghraib, authorizing coercive methods (with prior written approval of the military commander) such as the use of military guard dogs to instill fear that violate the Geneva Conventions and the Convention against Torture and Other Cruel, Inhuman Degrading Treatment or Punishment.

Enhanced interrogation and waterboarding

On February 6, 2008, the CIA director General Michael Hayden stated that the CIA had used waterboarding on three prisoners during 2002 and 2003, namely Khalid Shaikh Mohammed
Khalid Shaikh Mohammed
Khalid Sheikh Mohammed is a Kuwait-born militant in U.S. custody in Guantánamo Bay for alleged acts of terrorism, including mass murder of civilians....

, Abu Zubayda and Abd al-Rahim al-Nashiri
Abd al-Rahim al-Nashiri
Abd al-Rahim al-Nashiri is a Saudi Arabian citizen alleged to be the mastermind of the USS Cole bombing and other terrorist attacks, he allegedly headed al-Qaeda operations in the Persian Gulf and the Gulf states prior to his capture in November 2002 by the CIA's Special Activities Division.The...

.

The June 21, 2004 issue of Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...

stated that the Bybee memo, a 2002 legal memorandum drafted by former OLC lawyer John Yoo
John Yoo
John Choon Yoo is an American attorney, law professor, and author. As a former official in the United States Department of Justice during the George W...

 that described what sort of interrogation tactics against suspected terrorists or terrorist affiliates the Bush administration would consider legal, was "prompted by CIA questions about what to do with a top Qaeda captive, Abu Zubaydah
Abu Zubaydah
Abu Zubaydah is a Saudi Arabian citizen, sentenced to death in Jordan and currently held in U.S. custody in Guantanamo Bay, Cuba.Not neutral: Arrested in Pakistan in March 2002, he has been in US custody for more than eight years, four-and-a-half of them spent incommunicado in solitary confinement...

, who had turned uncooperative ... and was drafted after White House meetings convened by George W. Bush's chief counsel, Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...

, along with Defense Department general counsel William Haynes
William Haynes
William Haynes may refer to:* William J. Haynes, II , American lawyer, General Counsel of the U.S. Department of Defense* William S. Haynes, American silversmith and flute maker* William E. Haynes , United States Representative for Ohio...

 and David Addington
David Addington
David Spears Addington , was legal counsel and chief of staff to former Vice President Dick Cheney, and is now vice president of domestic and economic policy studies at The Heritage Foundation....

, Vice President Dick Cheney
Dick Cheney
Richard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....

's counsel, who discussed specific interrogation techniques", citing "a source familiar with the discussions". Amongst the methods they found acceptable was waterboarding.

In November 2005, ABC News
ABC News
ABC News is the news gathering and broadcasting division of American broadcast television network ABC, a subsidiary of The Walt Disney Company...

 reported that former CIA agents claimed that the CIA engaged in a modern form of waterboarding, along with five other "enhanced interrogation techniques
Enhanced interrogation techniques
Enhanced interrogation techniques or alternative set of procedures are terms adopted by the George W. Bush administration in the United States to describe certain severe interrogation methods, often described as torture...

," against suspected members of al Qaeda.

UN High Commissioner for Human Rights, Louise Arbour
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...

, stated on the subject of waterboarding "I would have no problems with describing this practice as falling under the prohibition of torture", and that violators of the UN Convention Against Torture should be prosecuted under the principle of universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...

.

Bent Sørensen, Senior Medical Consultant to the International Rehabilitation Council for Torture Victims
International Rehabilitation Council for Torture Victims
The International Rehabilitation Council for Torture Victims , is an independent, international health professional organisation that promotes and supports the rehabilitation of torture victims and works for the prevention of torture worldwide....

 and former member of the United Nations Committee Against Torture has said:

It’s a clear-cut case: Waterboarding can without any reservation be labeled as torture. It fulfils all of the four central criteria that according to the United Nations Convention Against Torture (UNCAT) defines an act of torture. First, when water is forced into your lungs in this fashion, in addition to the pain you are likely to experience an immediate and extreme fear of death. You may even suffer a heart attack from the stress or damage to the lungs and brain from inhalation of water and oxygen deprivation. In other words there is no doubt that waterboarding causes severe physical and/or mental suffering – one central element in the UNCAT’s definition of torture. In addition the CIA’s waterboarding clearly fulfills the three additional definition criteria stated in the Convention for a deed to be labeled torture, since it is 1) done intentionally, 2) for a specific purpose and 3) by a representative of a state – in this case the US.


Lt. Gen. Michael D. Maples
Michael D. Maples
Lieutenant General Michael David Maples, USA served as the 16th Director of the Defense Intelligence Agency , appointed on November 4, 2005. He received his third star on November 29. Maples also commanded the Joint Functional Component Command for Intelligence, Surveillance and Reconnaissance ...

, the director of the Defense Intelligence Agency
Defense Intelligence Agency
The Defense Intelligence Agency is a member of the Intelligence Community of the United States, and is the central producer and manager of military intelligence for the United States Department of Defense, employing over 16,500 U.S. military and civilian employees worldwide...

, concurred by stating, in a hearing before the Senate Armed Services Committee, that he believes waterboarding violates Common Article 3 of the Geneva Conventions.

The CIA director testified that waterboarding has not been used since 2003.

In April 2009, the Obama administration released four memos in which government lawyers from the Bush administration approved tough interrogation methods used against 28 terror suspects. The rough tactics range from waterboarding
Waterboarding
Waterboarding is a form of torture in which water is poured over the face of an immobilized captive, thus causing the individual to experience the sensation of drowning...

 (simulated drowning) to keeping suspects naked and denying them solid food.

These memos were accompanied by the Justice Department's release of four Bush-era legal opinions covering (in graphic and extensive detail) the interrogation of 14 high-value terror detainees using harsh techniques beyond waterboarding
Waterboarding
Waterboarding is a form of torture in which water is poured over the face of an immobilized captive, thus causing the individual to experience the sensation of drowning...

. These additional techniques include keeping detainees in a painful standing position for long periods (Used often, once for 180 hours), using a plastic neck collar to slam detainees into walls, keeping the detainee's cell cold for long periods, beating and kicking the detainee, insects placed in a confinement box (the suspect had a fear of insects), sleep-deprivation, prolonged shackling, and threats to a detainee's family. One of the memos also authorized a method for combining multiple techniques.

Details from the memos also included the number of times that techniques such as waterboarding
Waterboarding
Waterboarding is a form of torture in which water is poured over the face of an immobilized captive, thus causing the individual to experience the sensation of drowning...

 were used. A footnote said that one detainee was waterboarded 83 times in one month, while another was waterboarded 183 times in a month.
This may have gone beyond even what was allowed by the CIA's own directives, which limit waterboarding to 12 times a day.
The Fox News website carried reports from an un-named US official who claimed that these were the number of pourings, not the number of sessions.

Physicians for Human Rights
Physicians for Human Rights
Physicians for Human Rights was founded in 1986 by a small group of doctors who believed the unique scientific expertise and authority of health professionals could bring human rights violations to light and provide justice for victims...

 has accused the Bush administration of conducting illegal human experiments and unethical medical research during interrogations of suspected terrorists. The group has suggested this activity was a violation of the standards set by the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....

.

Guantánamo Bay

The United States maintains a detention center at its military base at Guantánamo Bay, Cuba where numerous enemy combatants of the war on terror are held. The detention center has been the source of various controversies regarding the legality of the center and the treatment of detainees. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 has called the situation "a human rights scandal" in a series of reports. 775 detainees have been brought to Guantánamo. Of these, many have been released without charge. The United States assumed territorial control over Guantánamo Bay under the 1903 Cuban-American Treaty
Cuban-American Treaty
The Cuban–American Treaty was signed on February 17, 1903, by the first president of Cuba, Tomás Estrada Palma, and on February 23, 1903, by the president of the United States, Theodore Roosevelt...

, which granted the United States a perpetual lease of the area. United States, by virtue of its complete jurisdiction and control, maintains "de facto" sovereignty over this territory, while Cuba retained ultimate sovereignty over the territory. The current government of Cuba regards the U.S. presence in Guantánamo as illegal and insists the Cuban-American Treaty was obtained by threat of force in violation of international law.

A delegation of UN Special Rapporteurs to Guantanamo Bay claimed that interrogation techniques used in the detention center amount to degrading treatment in violation of the ICCPR and the Convention Against Torture.

In 2005 Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 expressed alarm at the erosion in civil liberties since the 9/11 attacks. According to Amnesty International:
The Guantánamo Bay detention camp has become a symbol of the United States administration’s refusal to put human rights and the rule of law at the heart of its response to the atrocities of 11 September 2001. It has become synonymous with the United States executive’s pursuit of unfettered power, and has become firmly associated with the systematic denial of human dignity and resort to cruel, inhuman or degrading treatment that has marked the USA’s detentions and interrogations in the "war on terror".


Amnesty International also condemned the Guantánamo facility as "the gulag
Gulag
The Gulag was the government agency that administered the main Soviet forced labor camp systems. While the camps housed a wide range of convicts, from petty criminals to political prisoners, large numbers were convicted by simplified procedures, such as NKVD troikas and other instruments of...

 of our times", which raised heated conversation in the United States. The purported legal status of "unlawful combatants" in those nations currently holding detainees under that name has been the subject of criticism by other nations and international human rights institutions including Human Rights Watch and the International Committee of the Red Cross
International Committee of the Red Cross
The International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...

. The ICRC, in response to the US-led military campaign in Afghanistan, published a paper on the subject. HRW cites two sergeants and a captain accusing U.S. troops of torturing prisoners in Iraq and Afghanistan.

However, former Republican governor Mike Huckabee
Mike Huckabee
Michael "Mike" Dale Huckabee is an American politician who served as the 44th Governor of Arkansas from 1996 to 2007. He was a candidate in the 2008 United States Republican presidential primaries, finishing second in delegate count and third in both popular vote and number of states won . He won...

, for example, has stated that the conditions in Guantánamo are better than most US prisons.

The US government argues that even if detainees were entitled to POW status, they would not have the right to lawyers, access to the courts to challenge their detention, or the opportunity to be released prior to the end of hostilities and that nothing in the Third Geneva Convention provides POWs such rights, and POWs in past wars have generally not been given these rights. The U.S. Supreme Court ruled in Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...

on June 29, 2006 that they were entitled to the minimal protections listed under Common Article 3 of the Geneva Conventions. Following this, on July 7, 2006, the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...

 issued an internal memo stating that prisoners would in the future be entitled to protection under Common Article 3.

Extraordinary rendition

United States citizens and foreign nationals are occasionally captured and abducted
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...

 outside of the United States and transferred to secret US administered detention facilities, sometimes being held incommunicado for periods of months or years, a process known as extraordinary rendition.

According to The New Yorker
The New Yorker
The New Yorker is an American magazine of reportage, commentary, criticism, essays, fiction, satire, cartoons and poetry published by Condé Nast...

, "The most common destinations for rendered suspects are Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

, Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...

, Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....

, and Jordan, all of which have been cited for human-rights violations by the State Department, and are known to torture suspects."
Notable cases

In November 2001, Yaser Esam Hamdi
Yaser Esam Hamdi
Yaser Esam Hamdi is a now-former American citizen who was captured in Afghanistan in 2001. It is claimed by the U.S. government that he was fighting against U.S. and Afghan Northern Alliance forces with the Taliban...

, a U.S. citizen, was captured by Afghan Northern Alliance forces in Konduz, Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

, amongst hundreds of surrendering Taliban fighters and was transferred into U.S. custody. The U.S. government alleged that Hamdi was there fighting for the Taliban, while Hamdi, through his father, has claimed that he was merely there as a relief worker and was mistakenly captured. Hamdi was transferred into CIA custody and transferred to the Guantanamo Bay Naval Base
Guantanamo Bay Naval Base
Guantanamo Bay Naval Base is located on of land and water at Guantánamo Bay, Cuba which the United States leased for use as a coaling station following the Cuban-American Treaty of 1903. The base is located on the shore of Guantánamo Bay at the southeastern end of Cuba. It is the oldest overseas...

, but when it was discovered that he was a U.S. citizen, he was transferred to naval brig in Norfolk
Norfolk, Virginia
Norfolk is an independent city in the Commonwealth of Virginia in the United States. With a population of 242,803 as of the 2010 Census, it is Virginia's second-largest city behind neighboring Virginia Beach....

, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

 and then he was transferred brig in Charleston
Charleston, South Carolina
Charleston is the second largest city in the U.S. state of South Carolina. It was made the county seat of Charleston County in 1901 when Charleston County was founded. The city's original name was Charles Towne in 1670, and it moved to its present location from a location on the west bank of the...

, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...

. The Bush Administration
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 identified him as an unlawful combatant
Unlawful combatant
An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.The Geneva Conventions apply in wars...

 and denied him access to an attorney or the court system, despite his Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

 right to due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...

. In 2002 Hamdi's father filed a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

petition, the Judge ruled in Hamdi's favor and required he be allowed a public defender; however, on appeal the decision was reversed. In 2004, in the case of Hamdi v. Rumsfeld
Hamdi v. Rumsfeld
Hamdi v. Rumsfeld, 542 U.S. 507 was a U.S. Supreme Court decision reversing the dismissal of a habeas corpus petition brought on behalf of Yaser Esam Hamdi, a U.S. citizen being detained indefinitely as an "illegal enemy combatant." The Court recognized the power of the government to detain enemy...

the U.S. Supreme court reversed the dismissal of a habeas corpus petition and ruled detainees who are U.S. citizens must have the ability to challenge their detention before an impartial judge.

In December 2004, Khalid El-Masri
Khalid El-Masri
Khalid El-Masri is a German citizen who was kidnapped in the Republic of Macedonia, flown to Afghanistan, allegedly beaten, stripped, raped, and interrogated and tortured by the CIA for several months as a part of the War on Terror, and then released...

, a German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 citizen, was apprehended by Macedonian
Republic of Macedonia
Macedonia , officially the Republic of Macedonia , is a country located in the central Balkan peninsula in Southeast Europe. It is one of the successor states of the former Yugoslavia, from which it declared independence in 1991...

 authorities when traveling to Skopje
Skopje
Skopje is the capital and largest city of the Republic of Macedonia with about a third of the total population. It is the country's political, cultural, economic, and academic centre...

 because his name was similar to Khalid al-Masri
Khalid al-Masri
Khalid al-Masri is the name of a person alleged to have approached two 9/11 hijackers on a train in Germany and suggested that they contact an alleged al Qaeda operative in Duisburg....

, an alleged mentor to the al-Qaeda Hamburg cell
Hamburg cell
The Hamburg cell was, according to U.S. and German intelligence agencies, a group of radical Islamists based in Hamburg, Germany that included students who eventually came to be key operatives in the 9/11 attacks...

. After being held in a motel in Macedonia for over three weeks he was transferred to the CIA and extradited to Afghanistan. While held in Afghanistan, El-Masri claims he was sodomized, beaten, and repeatedly interrorgated about alleged terrorist ties. After being in custody for five months, Condoleezza Rice
Condoleezza Rice
Condoleezza Rice is an American political scientist and diplomat. She served as the 66th United States Secretary of State, and was the second person to hold that office in the administration of President George W. Bush...

 learned of his detention and ordered his release. El-Masri was released at night on a desolate road in Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...

, without apology, or funds to return home. He was intercepted by Albanian guards, who believed him to be a terrorist due to his haggard and unkept appearance. He was subsequently reunited with his wife who had returned to her family in Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...

, with their children, because she thought her husband had abandoned them. Using isotope analysis
Isotope analysis
Isotope analysis is the identification of isotopic signature, the distribution of certain stable isotopes and chemical elements within chemical compounds. This can be applied to a food web to make it possible to draw direct inferences regarding diet, trophic level, and subsistence...

, scientists at the Bavarian archive for geology
Geology
Geology is the science comprising the study of solid Earth, the rocks of which it is composed, and the processes by which it evolves. Geology gives insight into the history of the Earth, as it provides the primary evidence for plate tectonics, the evolutionary history of life, and past climates...

 in Munich
Munich
Munich The city's motto is "" . Before 2006, it was "Weltstadt mit Herz" . Its native name, , is derived from the Old High German Munichen, meaning "by the monks' place". The city's name derives from the monks of the Benedictine order who founded the city; hence the monk depicted on the city's coat...

 analyzed his hair and verified that he was malnourished during his disappearance.

In 2007, U.S. President Bush signed an Executive order banning the use of torture in the CIA's interrogation program.

Extrajudicial killings

On 30 April 2011, United States forces, authorised by the President of the United States, carried out the extrajudicial killing of Al-qaeda leader Osama Bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...

 on Pakistani territory.

International comparison

According to Canadian historian Michael Ignatieff
Michael Ignatieff
Michael Grant Ignatieff is a Canadian author, academic and former politician. He was the leader of the Liberal Party of Canada and Leader of the Official Opposition from 2008 until 2011...

, during and after the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...

, the United States placed greater emphasis than other nations on human rights as part of its foreign policy, awarded foreign aid to facilitate human rights progress, and annually assessed the human rights records of other national governments.

Support

The U.S. Department of State publishes a yearly report "Supporting Human Rights and Democracy: The U.S. Record" in compliance with a 2002 law which requires the Department to report on actions taken by the U.S. Government to encourage respect for human rights. It also publishes a yearly "Country Reports on Human Rights Practices.". In 2006 the United States created a "Human Rights Defenders Fund" and "Freedom Awards." The "Ambassadorial Roundtable Series", created in 2006, are informal discussions between newly-confirmed U.S. Ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....

s and human rights and democracy non-governmental organizations. The United States also support democracy and human rights through several other tools.

The "Human Rights and Democracy Achievement Award" recognizes the exceptional achievement of officers of foreign affairs agencies posted abroad.
  • In 2006 the award went to Joshua Morris of the embassy in Mauritania who recognized necessary democracy and human rights improvements in Mauritania and made democracy promotion one of his primary responsibilities. He persuaded the Government of Mauritania to re-open voter registration lists to an additional 85,000 citizens, which includes a significant number of Afro-Mauritanian minority individuals. He also organized and managed the largest youth-focused democracy project in Mauritania in 5 years.
  • Nathaniel Jensen of the embassy in Vietnam was runner-up. He successfully advanced the human rights agenda on several fronts, including organizing the resumption of a bilateral Human Rights Dialogue, pushing for the release of Vietnam’s prisoners of concern, and dedicating himself to improving religion freedom in northern Vietnam.


Under legislation by congress, the United States declared that countries utilizing child soldiers may no longer be eligible for US military assistance, in an attempt to end this practice.

Treaties ratified

See also International Covenant on Civil and Political Rights - United States


The U.S. has signed and ratified the following human rights treaties:
  • International Covenant on Civil and Political Rights
    International Covenant on Civil and Political Rights
    The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...

     (ICCPR) (ratified with 5 reservations
    Reservation (law)
    A reservation in international law is a caveat to a state's acceptance of a treaty. By the 1969 Vienna Convention on the Law of Treaties , a reservation is defined as a...

    , 5 understandings, and 4 declarations.)
  • Optional protocol on the involvement of children in armed conflict
    Optional protocol on the involvement of children in armed conflict
    The United Nations General Assembly adopted the Optional protocol on the involvement of children in armed conflict to the Convention on the Rights of the Child in Annex I of a resolution on 25 May 2000.The protocol came into force on 12 February 2002....

  • International Convention on the Elimination of All Forms of Racial Discrimination
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    United Nations Convention Against Torture
    The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....

  • Protocol relating to the Status of Refugees
    Protocol Relating to the Status of Refugees
    The Protocol Relating to the Status of Refugees entered into force on October 4, 1967. Where the United Nations 1951 Convention relating to the Status of Refugees had restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951", as...

  • Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography


Non-binding documents voted for:
  • Universal Declaration of Human Rights
    Universal Declaration of Human Rights
    The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...


International Bill of Rights

See also International Covenant on Civil and Political Rights - United States


The International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...

 (ICCPR) and the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...

 (ICESCR) are the legal treaties that enshrine the rights which are outlined in the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

. Together, and along with the first
First Optional Protocol to the International Covenant on Civil and Political Rights
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered...

 and second
First Optional Protocol to the International Covenant on Civil and Political Rights
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered...

 optional protocols of the ICCPR they constitute the International bill of rights
International bill of rights
The International Bill of Human Rights is an informal name given to one General Assembly resolution and two international treaties established by the United Nations...

 The US has not ratified the ICESCR or either of the optional protocols of the ICCPR.

The US's ratification of the ICCPR was done with five reservations
Reservation (law)
A reservation in international law is a caveat to a state's acceptance of a treaty. By the 1969 Vienna Convention on the Law of Treaties , a reservation is defined as a...

 – or limits – on the treaty, 5 understandings and 4 declarations. Among these is the rejection of sections of the treaty which prohibit capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

. Included in the Senate's ratification was the declaration that "the provisions of Article 1 through 27 of the Covenant are not self-executing", and in a Senate Executive Report stated that the declaration was meant to "clarify that the Covenant will not create a private cause of action in U.S. Courts." This way of ratifying the treaty was criticized as incompatible with the Supremacy Clause by Louis Henkin
Louis Henkin
Louis Henkin , widely considered one of the most influential contemporary scholars of international law and the foreign policy of the United States, was a former president of the American Society of International Law and of the American Society for Political and Legal Philosophy and University...

.

As a reservation that is "incompatible with the object and purpose" of a treaty is void as a matter of international law, Vienna Convention on the Law of Treaties, art. 19, 1155 U.N.T.S. 331 (entered into force Jan. 27, 1980) (specifying conditions under which signatory States can offer "reservations"), there is some issue as to whether the non-self-execution declaration is even legal under domestic law. At any rate, the United States is but a signatory in name only.

International Criminal Court

The U.S. has not ratified the Rome Statute of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

 (ICC), which was drafted for prosecuting individuals above the authority of national courts in the event of accusations of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

, crimes against humanity, war crimes, and crime of aggression. Nations that have accepted the Rome Statute can defer to the jurisdiction of the ICC or must surrender their jurisdiction when ordered.

The US rejected the Rome Statute after its attempts to include the nation of origin as a party in international proceedings failed, and after certain requests were not met, including recognition of gender issues, "rigorous" qualifications for judges, viable definitions of crimes, protection of national security information that might be sought by the court, and jurisdiction of the UN Security Council to halt court proceedings in special cases. Since the passage of the statute, the US has actively encouraged nations around the world to sign "bilateral immunity agreements" prohibiting the surrender of US personnel before the ICC and actively attempted to undermine the Rome Statute of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

. The US Congress also passed a law, American Service-Members' Protection Act (ASPA) authorizing the use of military force to free any US personnel that are brought before the court rather than its own court system. Human Rights Watch criticized the United States for removing itself from the Statute

Judge Richard Goldstone
Richard Goldstone
Richard Joseph Goldstone is a South African former judge. After working for 17 years as a commercial lawyer, he was appointed by the South African government to serve on the Transvaal Supreme Court from 1980 to 1989 and the Appellate Division of the Supreme Court of South Africa from 1990 to 1994...

, the first chief prosecutor at The Hague war crimes tribunal on the former Yugoslavia, echoed these sentiments saying:

I think it is a very backwards step. It is unprecedented which I think to an extent smacks of pettiness in the sense that it is not going to affect in any way the establishment of the international criminal court...The US have really isolated themselves and are putting themselves into bed with the likes of China, the Yemen and other undemocratic countries.


While the US has maintained that it will "bring to justice those who commit genocide, crimes against humanity and war crimes," its primary objections to the Rome Statute have revolved around the issues of jurisdiction and process. A US ambassador for War Crimes Issues to the UN Security Council said to the US Senate Foreign Relations Committee that because the Rome Statute requires only one nation to submit to the ICC, and that this nation can be the country in which an alleged crime was committed rather than defendant’s country of origin, U.S military personnel and US foreign peaceworkers in more than 100 countries could be tried in international court without the consent of the US. The ambassador states that "most atrocities are committed internally and most internal conflicts are between warring parties of the same nationality, the worst offenders of international humanitarian law can choose never to join the treaty and be fully insulated from its reach absent a Security Council referral. Yet multinational peacekeeping forces operating in a country that has joined the treaty can be exposed to the court's jurisdiction even if the country of the individual peacekeeper has not joined the treaty."

Other treaties not signed or signed but not ratified

Where the signature is subject to ratification, acceptance or approval, the signature does not establish the consent to be bound. However, it is a means of authentication and expresses the willingness of the signatory state to continue the treaty-making process. The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from acts that would defeat the object and the purpose of the treaty.

The U.S. has not ratified the following international human rights treaties:
  • First Optional Protocol to the International Covenant on Civil and Political Rights
    First Optional Protocol to the International Covenant on Civil and Political Rights
    The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered...

     (ICCPR)
  • Second Optional Protocol to the International Covenant on Civil and Political Rights
    Second Optional Protocol to the International Covenant on Civil and Political Rights
    The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty is a side agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989, and entered into force on 11 July 1991. As of...

    , aiming at the abolition of the death penalty
  • Optional Protocol to CEDAW
    Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
    The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women...

  • Optional Protocol to the Convention against Torture
  • Convention relating to the Status of Refugees
    Convention Relating to the Status of Refugees
    The United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...

     (1951)
  • Convention Relating to the Status of Stateless Persons (1954)
  • Convention on the Reduction of Statelessness
    1961 Convention on the Reduction of Statelessness
    The Convention was originally intended as a Protocol to the Convention Relating to the Status of Refugees, while the 1954 Convention Relating to the Status of Stateless Persons was adopted to cover stateless persons who are not refugees and therefore not within the scope of the Convention Relating...

     (1961)
  • International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families


The US has signed but not ratified the following treaties:
  • Convention on the Elimination of All Forms of Discrimination against Women
    Convention on the Elimination of All Forms of Discrimination Against Women
    The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....

     (CEDAW) (signed but not ratified)
  • Convention on the Rights of the Child
    Convention on the Rights of the Child
    The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...

     (CRC) (signed but not ratified)
  • International Covenant on Economic, Social and Cultural Rights
    International Covenant on Economic, Social and Cultural Rights
    The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...

     (signed but not ratified)


Non-binding documents voted against:
  • Declaration on the Rights of Indigenous Peoples
    Declaration on the Rights of Indigenous Peoples
    The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 62nd session at UN Headquarters in New York City on 13 September 2007....

     in September 2007.

Inter-American human rights system

The US is a signatory to the 1948 American Declaration of the Rights and Duties of Man
American Declaration of the Rights and Duties of Man
The American Declaration of the Rights and Duties of Man was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a year....

 and has signed but not ratified the 1969 American Convention on Human Rights
American Convention on Human Rights
The American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...

. It is a member of Inter-American Convention on the Granting of Political Rights to Women (1948). It does not accept the adjudicatory jurisdiction of the Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....

-based Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...

.

The US has not ratified any of the other regional human rights treaties of the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...

, which include:
  • Protocol to the American Convention on Human Rights to Abolish the Death Penalty (1990)
  • Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights
  • Inter-American Convention to Prevent and Punish Torture
    Inter-American Convention to Prevent and Punish Torture
    The Inter-American Convention to Prevent and Punish Torture is an international human rights instrument, created in 1985 within the Western Hemisphere Organization of American States and intended to prevent torture and other similar activities....

     (1985)
  • Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (1994)
  • Inter-American Convention on Forced Disappearance of Persons (1994)
  • Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities

Coverage of violations in the media

Studies have found that the New York Times coverage of worldwide human rights violations is seriously biased, predominantly focusing on the human rights violations in nations where there is clear U.S. involvement, while having relatively little coverage of the human rights violations in other nations. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

's Secretary General Irene Khan
Irene Khan
Irene Zubaida Khan is a Bangladeshi human rights activist. She was the seventh Secretary General of Amnesty International until her resignation on 31 December 2009. She was appointed as a member of the Charity Commission of England and Wales on 1 January 2010 but resigned after a controversy over...

 explains, "If we focus on the U.S. it's because we believe that the U.S. is a country whose enormous influence and power has to be used constructively ... When countries like the U.S. are seen to undermine or ignore human rights, it sends a very powerful message to others."

Further assessments

According to Freedom in the World, an annual report by US based think-tank Freedom House
Freedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...

, which rates political rights and civil liberties, in 2007, the United States was ranked "Free" (the highest possible rating), together with 92 other countries.

The Polity data series
Polity data series
The Polity data series is a widely used data series in political science research. The latest version, Polity IV, contains coded annual information on regime authority characteristics and transitions for all independent states with greater than 500,000 total population and covers the years...

, which rate regime and authority characteristics, covering the years 1800-2004, has ranked the United States with the highest possible rating since 1871.

According to the Economist Magazine's Democracy Index
Democracy Index
The Democracy Index is an index compiled by the Economist Intelligence Unit that claims to measure the state of democracy in 167 countries, of which 166 are sovereign states and 165 are UN member states...

, the US ranks 17 out of 167 nations.

According to the annual Worldwide Press Freedom Index published by Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...

, due to wartime restrictions the United States was ranked 53rd from the top in 2006 (out of 168), 44th in 2005. 22nd in 2004, 31st in 2003 and 17th in 2002.

According to the annual Corruption Perceptions Index
Corruption Perceptions Index
Since 1995, Transparency International publishes the Corruption Perceptions Index annually ranking countries "by their perceived levels of corruption, as determined by expert assessments and opinion surveys." The CPI generally defines corruption as "the misuse of public power for private...

, which was published by Transparency International
Transparency International
Transparency International is a non-governmental organization that monitors and publicizes corporate and political corruption in international development. It publishes an annual Corruption Perceptions Index, a comparative listing of corruption worldwide...

, the United States was ranked 20th from the top least corrupt in 2006 (out of 163), 17th in 2005, 18th in 2003, and 16th in 2002.

According to the annual Privacy International
Privacy International
Privacy International is a UK-based non-profit organisation formed in 1990, "as a watchdog on surveillance and privacy invasions by governments and corporations." PI has organised campaigns and initiatives in more than fifty countries and is based in London, UK.-Formation, background and...

 index of 2007, the United States was ranked an "endemic surveillance society", scoring only 1.5 out of 5 privacy points.

According to the Gallup International
Gallup International Association
Gallup International Association is an association of polling organizations registered in Zurich, Switzerland. Gallup International was founded in May 1947. Dr. George H. Gallup served as its first President, until his death in 1984.Gallup Inc...

 Millennium Survey, the United States ranked 23rd in citizens' perception of human rights observance when its citizens were asked, "In general, do you think that human rights are being fully respected, partially respected or are they not being respected at all in your country?"

Other issues

In the aftermath of the devastation caused by Hurricane Katrina
Hurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...

, criticism by some groups commenting on human rights issues was made regarding the recovery and reconstruction issues The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

 and the National Prison Project documented mistreatment of the prison population during the flooding, while United Nations Special Rapporteur Doudou Diène
Doudou Diène
Doudou Diène of Senegal was United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in 2002—2008....

 delivered a 2008 report on such issues. The United States was elected in 2009 to sit on the United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...

 (UNHRC), which the U.S. State Department had previously asserted had lost its credibility by its prior stances and lack of safeguards against severe human rights violators taking a seat. In 2006 and 2007, the UNHCR and Martin Scheinin were critical of the United States regard permitting executions by lethal injection, housing children in adult jails, subjecting prisoners to prolonged isolation in supermax prisons
Supermax
Supermax is the name used to describe "control-unit" prisons, or units within prisons, which represent the most secure levels of custody in the prison systems of certain countries...

, using enhanced interrogation techniques and domestic poverty gaps.

See also

Criticism of the US Human rights record
  • Human Rights Record of the United States
    Human Rights Record of the United States
    .The Human Rights Record of the United States is a publication on the annual human rights record in the United States of America, published by the Information Office of the State Council of the People's Republic of China...

    , Report prepared by the People's Republic of China
    People's Republic of China
    China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...


US Human rights abuses
    • Human experimentation in the United States
      Human experimentation in the United States
      There have been numerous experiments performed on human test subjects in the United States that have been considered unethical, and were often performed illegally, without the knowledge, consent, or informed consent of the test subjects....


Organizations involved in US human rights
    • Pennsylvania Abolition Society
    • US Human Rights Network
      US Human Rights Network
      The US Human Rights Network is a national network composed of over 200 self-identified grassroots human rights organizations and over 700 individuals working to strengthen what they regard as the protection of human rights in the United States...


People involved in US human rights
    • Susan B. Anthony
      Susan B. Anthony
      Susan Brownell Anthony was a prominent American civil rights leader who played a pivotal role in the 19th century women's rights movement to introduce women's suffrage into the United States. She was co-founder of the first Women's Temperance Movement with Elizabeth Cady Stanton as President...

    • Anthony Benezet
      Anthony Benezet
      Anthony Benezet, or Antoine Bénézet , was a French-born American educator and abolitionist.-Biography:Anthony Benezet was born in Saint-Quentin, France, on 31 January 1713. His family were Huguenots. Because of the persecution of Protestants after the revocation of the Edict of Nantes in 1685,...

    • Louis Henkin
      Louis Henkin
      Louis Henkin , widely considered one of the most influential contemporary scholars of international law and the foreign policy of the United States, was a former president of the American Society of International Law and of the American Society for Political and Legal Philosophy and University...

    • Gay McDougall
      Gay McDougall
      Gay J. McDougall was Executive Director of Global Rights, Partners for Justice . In August 2005, she was named the first United Nations Independent Expert on Minority Issues.- Early years :...


Notable comments on Human Rights
    • Four Freedoms
      Four Freedoms
      The Four Freedoms were goals articulated by US President Franklin D. Roosevelt on January 6, 1941. In an address known as the Four Freedoms speech , he proposed four fundamental freedoms that people "everywhere in the world" ought to enjoy:# Freedom of speech and expression# Freedom of worship#...

      , A speech made by U.S. President Franklin D. Roosevelt
      Franklin D. Roosevelt
      Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

    • Moynihan's law

External links

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