CHAPTER 3 CIVIL AND POLITICAL RIGHTS (First Generation of Rights)

BILL OF RIGHTS in the 1987 Constitution regular fixture in all Philippine Constitutions, except: BIAK-NA-BATO Constitution of 1897 named as Duties and Rights of the Citizen (1943 Constitution) and The Filipinos and Their National and Individual Rights (1899 Malolos Constitution) an enumeration of civil and political rights that are self-executing considered as a restriction upon the powers of the State Government in order to preserve constitutional harmony and stability; has to honor and respect these rights while exercising its fundamental powers declares forbidden zones in the private sphere inaccessible to any power (Bernas)

1. Preamble introduces the Agreement and articulates the reasons for and the intention of the parties in entering into the Agreement 2. Declaration of Principles 3. Bases, Scope, and Applicability 4. Respect for Human Rights 5. Respect for International Humanitarian Law 6. Joint Monitoring Committee 7. Final Provisions Principles of human rights: universality, indivisibility and interdependence are enunciated

UNIVERSAL DECLARATION OF HUMAN RIGHTS Art. 3 21 of the Declaration contains the catalogue of civil and political rights of the first generation Examples: right to life, liberty and security; freedom from slavery and servitude; freedom from torture and inhuman; freedom of opinion and expression; right to participate in government

FOUR TYPES CLASSIFIED IN THE CONSTITUTION 1. Completely new provisions 2. Old provisions that contain amendments 3. Old provisions where words and phrases were amended by deletion 4. Old provisions that remained intact BEGINNING OF BILL OF RIGHTS in the 1987 CONSTITUTION Traces its beginning to Britains 1689 Declaration of Rights Influenced of Bill of Rights in the State Constitution of Massachusetts, NJ and Virginia Introduced first 10 amendments to the U.S. Constitution, known as Bill of Rights

INTERNATIONAL COVENANT on CIVIL and POLITICAL RIGHTS Adopted unanimously by 106 states and entered into force in 1976 Divided into Preamble and six parts Parts I III (Art. 1-27) contain substantive rights, some general provisions like: gender equaltiy, prohibition of discrimination and misuse Parts IV VI (Art. 28-53) contain the international monitoring provisions, some principles of interpretation and final clauses Part III (Art. 6-16) include: rights to life, prohibition of torture and inhuman prison conditions, rights to personal liberty and security, recognition of legal personality, freedom of movement and protection of aliens against arbitrary expulsion First Optional Protocol to the Covenant provides for possibility of individual complaints Second Optional Protocol provides for abolition of death penalty

COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN RIGHTS and INTERNATIONAL HUMANITARIAN LAW First substantive agreement signed by Negotiating Panels of the Govt of Phil. and National Democratic Front Consists of 7 Parts -