HUMAN RIGHTS UNITED NATIONS' DEFINITION those rights, which are inherent in our nature, without which, w cannot

t live as a human being.

IMPRESCRIPTIBLE cannot be lost even by a long passage of time Ex. Freedom of thought and religion. INDIVISIBLE or they are not capable of being divided Ex. Freedom from expression of belief opinion. INTERDEPENDENT

PERSON Family Barangay Municipalities/Cities Philippines International Communities BASIC CHARACTERISTICS UNIVERSAL

(UF I-5)

the fulfillment or exercise of one cannot be had without the realization of the other

Ex. Right to life and existence as a all human beings are essentially the person. It cannot be realized without the same right to work in order to maintain a living. rights can be enforced without national good standard of border

Ex. Human rights of Asian are no BILL OF RIGHTS different from the human rights of Check and balance in order for public European. officials/governement ot observe the right on an individual. FUNDAMENTAL without them, the life and dignity of ACCORDING TO ASPECTS OF LIFE man will be meaningless Ex. Right to individual liberty; freedom religion INHERENT they are not granted by any person or authority Ex. Right to life and right to dignity as a and or human being. INALIENABLE they cannot be taken away from a free individual Ex. Freedom from torture CIVIL RIGHTS those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness Ex. Right against involuntary servitude imprisonment for non-payment of debt tax. POLITICAL RIGHTS those rights which enable us to participate in running the affairs of the government either directly or indirectly Ex. Right to vote; right to initiative and

of

referendum. ECONOMIC & SOCIAL RIGHTS

referred to as legal rights.

those which the law confers upon the ACCORDING TO RECIPIENT people to enable them to achieve INDIVIDUAL RIGHTS social and economic development, thereby ensuring them their well-being, happiness and financial security those rights bieng individuals Ex. Right to property; right to education. COLLECTIVE RIGHTS CULTURAL RIGHTS those rights that ensure the well-being of the individual and foster thepreservation, enrichment, and dynamic evolution of national culture based on the principle of unity n dicersity in a climate of free artistic and intellectual expression

accorded

to

also called people's rights or solidarity rights rights of the society, those that can be enjoyed only n company with others. Ex. right to peacebly assemble, right to environment

ACCORDING TO SOURCES NATURAL RIGHTS they are God-given rights, acknowledged by everybody to be morally good They are unwritten but they prevail as norms of the society Ex. Right to life, dignity, and selfdevelopment. CONSTITUTIONAL RIGHTS those rights which are conferred and protected by the Constitution and which cannot be modified or taken away by the law-making body STATUTORY RIGHTS those right which are provided by law promulgated by the law-making body and, consequently, may be abolished by the same body

ACCORDING RECOGNITION

TO

STRUGGLE

AND

FIRST GENERATION covers civil and political rights derives primarily from the 17th and 18th century. associated with the English, American and French revolutions. conceives of human rights more in negative (freedom from) than positive (rights to) terms. favors the abstention (refraining) rather than the intervention of government in the exercise of freedoms and in the quest for human dignity. SECOND GENERATION covers economic, social and cultural rights find their origin primarily in the social tradition and have been variously promoted by revolutionary struggles and welfare movements conceives of human rights more in positive terms (right to) they are fundamental claims to social equality

Note: Constitutional rights and statutory rights are

requirements to be valid: 1. provided for by law which is made know to every citizen 2. there is a state emergency which necessitates the urgent preservation of the public good, safety, moral; and 3. it does not exceed what is strictly necessary to achieve the purpose

THIRD GENERATION

covers collective rights a product of both the rise and decline of the nation-States in the last half of CATEGORIES OF HUMAN RIGHTS th 20th centurty AS FUNDAMENTAL FREEDOM IN POLITICAL RIGHTS Ex. Right of people to development or healthy environment the Bill of Rights in the Philippine Constitution contains thiese fundamental freedoms of the individual ACCORDING TO ITS DEROGABILITY such as the freedom of conscience and religion; freedom of thought, belief, NON-DEROGABILITY opinion, and expression also include the rights to privacy, or absolute rights reputation, and human dignity those that cannot be suspended nor taken away nor restricted/limited even AS DEMOCRATIC RIGHTS in extreme emergency and even if the government invokes national security. commonly exercised in a democratic state such as the right to vote and to Ex. Right to be deprived of life participate in the electoral process, and arbitrarily; right of freedom from torture; the right to participate in public or right to be recognized as a person governmental affairs Note: AS MOBILITY RIGHTS Some individual rights are not absolute or are derogable. Hand in hand with human right to travel and to return to one's rights which individuals must enjoy is the country and the freedom of movement right of the state to national security. within the country these rights are national as well as DEROGABLE international in character or relative rights may be suspended or restricted or limited depending on the circumstances which call for the preservation of social life. AS RIGHT TO LIFE, LIBERTY AND SECURITY OF THE PERSON these rights represent the core of fundamental rights which relate to the right to physical and personal integrity, consistent with human dignity include the right to protection against political and other extrajudicial kilings, the disappearance of persons, and torture and other cruel, inhuman or degrading treatment or punishment

Ex. Right to freely move may be limited through the imposition of curfew. Note: the imposition of restrictions on certain individual rights must satisfy three (3)

AS LEGAL RIGHTS include the freedom from arbitrary arrest and detention and the protection against unreasonable search and seizure, right to counsel, right to fair and public trial, presumption of innocence, right against selfincrimination. These rights contitute due process that can be invoked by persons accused AS RIGHTS OF EQUALITY everyone is equal before the law and is entitled to equal protection or the equal benefit of law includes the protection against discrimination on the grounds of sex, race, religion, ethnic origin, age, marital status and political and social condition AS ECONOMIC, CULTURAL RIGHTS SOCIAL AND include the right to found a family and bear children, to gender sensitivity and to family planning Article XV, Section 3 of the Philippine Constitution guarantees the right to found a family, it prohibits the right to abortion in view of Article II, Section 12 which guarantees the protection of the life of the unborn. AS PROTECTIVE RIGHTS OF PERSONS IN ARMED CONFLICTS provided in the international humanitarian law for the protection of children, women, and non-combatants during internal armed conflicts AS RIGHT OF SELF-DETERMINATION asserted by colonial people in their struggle for independence (means the right of the people to be free from colonial rule and decide their own destiny) AS MINORITY GROUP RIGHTS include the protection of ethnic, linguistic, and religious minorities (provided in Article 27 of the Covenant on Civil and Political Rights and Article XIV, Sec. 17 of the Philippine Constitution). WITHOUT ANY

considered more of standards to be observed by the state. Include the right to social security, social insurance, protection and assitance to the family, the right to an adequate standard of living, adequate food, clothing, and housing, and the right to physical and mental health also include the right to education and the right to be part of the artistic and scientific life of the country AS WORKERS' RIGHTS

HUMAN RIGHTS LIMITATION Note:

include the right to association, the right to organize unions, to bargain collectively, the prohibition of forced labor, the prohibition of employement of children, and the guarnatee of minimum wages and other support AS ABORIGINAL RIGHTS

Certain rights may never be limited suspended even in emergency situations.

or

Ex. Right to life, freedom from torture, freedom from enslavement or servitude, protection from imprisonment for debt etc. AND rights FOURTH are the

associated with the indigenous cultural communities

rights tribes

of SECOND, THIRD, or GENERATION RIGHTS second generation

AS REPRODUCTIVE RIGHTS

economic, social, and cultural rights third and fourth generation rights were developed through the peace-keeping efforts and through solidarity of the international community include the control of manufacture and use of weapons of mass destruction like atomic bombs, chemical or biological warfare, the protection of environment better known as collective rathen than individual rights