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Understanding Third Generation Rights

This document defines and provides examples of three generations of human rights: 1) First generation rights include civil and political rights like freedom of speech and the right to vote. 2) Second generation rights are economic, social and cultural rights like the rights to work, healthcare, education, and an adequate standard of living. 3) Third generation rights emerged more recently and include the right to a healthy environment, right to peace, and right to development. These rights focus more on collective rights than individual freedoms.

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0% found this document useful (0 votes)
64 views10 pages

Understanding Third Generation Rights

This document defines and provides examples of three generations of human rights: 1) First generation rights include civil and political rights like freedom of speech and the right to vote. 2) Second generation rights are economic, social and cultural rights like the rights to work, healthcare, education, and an adequate standard of living. 3) Third generation rights emerged more recently and include the right to a healthy environment, right to peace, and right to development. These rights focus more on collective rights than individual freedoms.

Uploaded by

Ato Teja
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as XLSX, PDF, TXT or read online on Scribd

3 Generation

of Human Define Example


Rights

Political Right- are those


Right to Vote, rights to
rights which enable us to
information on matters of
participate in running the
public concern, and the right
affairs of the government
to initiative and referendum.
either directly or indirectly.

First They include the rights


Generation against involuntary servitude
Right and imprisonment for non-
payment of debt or poll tax;
the constitutional rights of the
Civil Right- are those which
accused; the social and
the law will enforce at the
economic rights; liberty of the
instance of private
abode and changing the
individuals for the purpose of
same. Freedom of speech, of
securing to them the
expression, and the right to
enjoyment of their means of
form an associations are
happiness
likewise civil rights. however,
they partake of the nature of
political rights when they are
utilized as a means to
participate in the government.
include: the right to work and
to fair conditions of work,
including the right to engage
Economic Right- are part in self-employment. The right
of a range of legal principles to join and participate in trade
based on the philosophy of unions and the right to rest
human cultural and social and leisure, including
obligations in which reasonable limitation of
economic equality and working hours and periodic
freedom are preserved. holidays with pay. There is
also a human right to peaceful
enjoyment of private
property.

Social Right- rights that


include: the right to social
guaranteed every person be
security; the right to social
afforded conditions under
assistance; the right to an
which they are able to meet
adequate standard of living
their needs, an expansive
and rights to adequate food,
and significant set of rights
water, clothing and shelter.
designed to protect
The right to the enjoyment of
individuals from unfair
Second the highest attainable
treatment; they are the
Generation rights of individuals to standard of physical and
Right mental health, the right to
receive equal treatment in a
education and the right to
number of settings, based
adequate social protection of
on certain legally protected
the family are protected.
characteristics.

Cultural right- are those


that ensure the well-being of
include the right to
the individual and foster the
participate in the culture of
preservation, enrichment,
one’s communities and to
and dynamic evolution of
enjoy the benefits of scientific
national culture based on the
and technological endeavour.
principle of unity and
Ethnic, religious and/or
diversity in a climate of free
linguistic minorities have the
artistic and intellectual
right to practice their own
expression.
culture, faith and language.

political status and their


Right to self-determinationeconomic, social, and cultural
development
Right to economic and social development - is an inalienable human right by virtue of which

Third
Generation
requires a healthy human
Right
habitat, including clean water,
Right to a healthy environment
air, and soil that are free from
toxins or hazards that
threaten human health.

such as the right to housing,


peoples' “right to a generally
satisfactory environment
Right to natural resources favourable to their
development” and peoples'
right to freely dispose of their
natural resources

Right
to communicate and commun
ication rights

Group and collective rights
Right to live peace-
Intl Convention

• International Convention in Civil and Political Rights


(ICCPR) Art. 1 – right to self-determination
Art. 25 Right to take part in government
• Convention on the Political Rights of Women

• International Convention in Civil and Political Rights


ICCPR (Art. 2 and 3 right to effective Judicial Remedy,
Art. 6 and 9 right to life, liberty and security,
Art 6 Prohibit Death Penalty
Art. 7 right against torture,
Art. 8 rights against slavery,
Art. 11 right to presume innocent ,
Art. 12 freedom of opinion and movement,
Art. 15 Right against ex post facto law and bill of
attainder,
Art. 14 Equality before the courts and tribunal, right to
fair trial, right to presumed innocent,
Art. 17 right to privacy,
Art. 18 Freedom of thought, conscience and religion,
Art. 19 Freedom of expression,
Art. 21-22 Freedom of assembly and association,
Art. 23- Right to marry and found a family,
Art. 26- right to equal protection.
• International Convention on the Elimination of All Forms
of Racial Discrimination
• Convention on the rights of the Child
• Convention on the Elimination of all Forms of
Dscrimination Against Women (CEDAW)
• International Convention for Protection of all Persons
from Enforced Disapperances
• International Convention for the Protection and
Promotion of the Rights and Dignity of Person with
Dissabilities.
• Convention Against Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment (CAT)
International Convention on Economic, Social and Cultural
Rights (ICESCR) Article 6 and 7 - Right to work, right to
rest and leisure)

• International Convention on Economic, Social and


Cultural Rights ICESCR
• Convention against Discrimination in Education
• Constitution of the International Labour Organization

• Convention on Consent to Marriage, Minimum Age for


Marriage and Registration of Marriages

International Convention on Economic, Social and Cultural


Rights ICESCR Art. 27 right
to enjoy economic, social and cultural life and freedom to
practice or manifest religious belief)

Article 1 of ICCPR and ICESCR "all people hav the right to


self determination. By vitue of that right they freely
determine their poitical status and freely pursue their
economic, social and cultural development.
1992 Rio Declaration on Environment and Development
Conventions on
Environmental Law

1986 Convention for the Protection of the Natural


Resources and Environment of the South Pacific Region
(SPREP)
Bill of Rights Local Laws

• Right to Vote under Article V Section 1-2 of


1987 Constitution.
• R.A. 7160 – Local Government Code of
• Art. IV – Natural-born citizens who are citizens
1991
from birth and have the right to vote and right to
• B.P. No. 881 – Omnibus Election Code
run for public office and Naturalized citizens, who
• RA 6735 “Initiative and Referendum
are immigrants who acquire, voluntarily or by
Act”
operation of law, the citizenship of the Philippines
Citizen
• Art. VI Section 32 The power of the people to
exercise the power of initiative and referendum
o Article III of the Constitution
• Section 1. Right to Life, Liberty and Property and
Equal Protection of Law. • RA 10173 Privacy Data Protection Act
• Section 2- Warrant of Arrest, Search and Seizure, and Cybercrime bill
Probable Cause and Warrantless Arrest.
• RA 9262 Anti Violence Against Women
• Section 3- The Privacy of communication and Children
• Section 4- Freedom of speech, right to a Free Press,
Freedom of Assembly, right to Petition
• RA 7877 Law against Sexual Harassment
• Section 6- the liberty of abode and the right to
travel
• The Anti-Enforced or Involuntary
• Section 7- The right of people to information on Disappearance Act of 2012
matters of public concern shall be recognized.
• Section 8- Right to form Union • RA 9745 Anti Torture Act
• Section 9- Private property shall not be taken for
public use without just compensation • The Rule on the Writ of Amparo
• Section 10- Non impairment clause
• Section 11- Free access to court and adequate legal
• Admin Order 181- Investigation and
assistance and shall not be denied to any person by
reason of poverty Prosecution of Political and Media Killings
• Section 12-Right of person under custodial
Investigation • Admin Order 197 Enforced
• Section 13- The right to Bail and Against Excessive Disappearance and Killings.
Bail
• Section 14- Rights of the accused • RA 7309 Law Creating the Board of
Claims
• Section 15- The Writ of Habeas Corpus • Rule 102, Rules of Court- The Rule on
• Section 16- The right to a speedy disposition of the
Habeas Courpus
cases
• Section 17- Right to Self-incrimination
• Section 18- Right to political belief and aspiration • Rule 9439 Law Against Hospital
Detention
• Section 19- Prohibition against cruel, degrading, or • RA 10368 Human Rights Victims
inhuman punishment. Reparation and Recognition Act of 2013
• Section 20- Non imprisonment of debt
• RA 9745 Anti- Torture Act of 2009,
• Section 21- Right against double jeopardy
• Section 22- Ex post facto law and bill of attainder
Art III Section 8- Right to form Union
Art XIII- Social Justice and Human Right Section
PD 442 Labor Code of the Philippines,
3 full protection to labor, local and overseas,
incorporating the New Labor Relations Law
organized and unorganized, and promote full
and the Prohibition on Discrimination
employment and equality of employment
Against Women.
opportunities for all, Section 11-13
RA 8084 as ammended by RA
“comprehensive approach of health
10022- Migrant Workers Acts
development” and Section 14” to protect working
woman”

• RA 10157 Kindergarten Education Act

• R.A. 9155 – Governance of Basic


Education Act of 2001

• Article XIV Section 1-5 "Education" of


1987 Constitution

• Art XV Section 1- 4 "The Family’’ • RA 8282 amending RA 1161 The Social


• Art XIII Section 11-13 "Heath" The State shall Security Law
adopt an integrated and comprehensive • RA 8291- The Government Service
approach to health development which shall Insurance System Act.
endeavor to make essential goods, health and
other social services available to all the people at • RA 7875- National Health Insurance Act
affordable cost and Section 14 "Healthful working
condition of woman" • RA 7432 Senior Citizen Act and RA 9994
Expanded Senior Citizen Act
• Pantawid Pamilyang Pilipino Program
• Migrant Workers Act of 1995 (RA 8042)
• RA 8187 Paternity Leave Act of 1996
• Republic Act 7322 Maternity Leave
Benefit
• RA 7277- Magna Carta of Disabled
Person
• Art III Bill of Rights Section 5- The Free
exercise and enjoyment of religious profession
and worship without discrimination

• ART XII National Economy and Patrimony


Section 5 rights of indigenous cultural
communities to their ancestral lands to ensure
their economic, social, and cultural well-being. Republic Act No. 8371 The Indigenous
• Article XIV Section 14-18 "Arts and Culture" of Peoples Rights Act of 1997
1987 Constitution

• Article II Section 22 The State recognizes and


promotes the rights of indigenous cultural
communities within the framework of national
unity and development.
• Art XII Section 1The goals of the national
economy are a more equitable distribution of
opportunities, income, and wealth; a sustained
increase in the amount of goods and services
produced by the nation for the benefit of the
people; and an expanding productivity as the key
to raising the quality of life for all, especially the
underprivileged. PD 107 Creating National Economic and
Development and Authority
• Art XIII Section 3 The State shall regulate the
relations between workers and employers,
recognizing the right of labor to its just share in
the fruits of production and the right of
enterprises to reasonable returns to investments,
and to expansion and growth.

• Writ of Kalikasan under Rule 7 of the


Rules of Procedure for Environmental
Cases as a Special Civil Action
• Republic Act No. 3931 National Water &
Air Pollution Control Commission Act
• Republic Act No. 6969 Toxic Substances
& Hazardous & Nuclear Wastes Control Act
Article II Section 16 The State shall protect and
of 1990
advance the right of the people to a balanced
• Republic Act No. 9003 Ecological Solid
and healthful ecology in accord with the rhythm
Waste Management Act of 2000
and harmony of nature.
• Republic Act No. 8749 Philippine Clean
Air Act of 1999
• Republic Act No. 9147 Wildlife Resources
Conservation and Protection Act
• Presidential Decree No. 825 Penalty for
Improper Garbage Disposal

• Presidential Decree No. 1899 Small-


Scale Mining Law
Art. XII Section 1-2 the efficient use of natural
• Republic Act No. 7942 Philippine Mining
resourrces
Act of 1995

the Philippines

• RA 4200 Anti-Wire Tapping Law


Art II Section 24 The State recognizes the vital
role of communication and information in nation-
• RA 9372 Human Security act of 2007
building.
• RA 8792 "Electronic Commerce Act of
2000."

RA 9372 Human Security act of 2007

Common questions

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Social rights protect individuals from unfair treatment by ensuring access to essential services and conditions that enable people to meet their basic needs. Key rights include the right to social security, social assistance, adequate living standards, food, water, and shelter . These rights are designed to prevent discrimination and inequality, especially in contexts like education and health, thereby reinforcing the idea of equitable treatment across various human development aspects .

The right to self-determination encompasses the freedom to determine political status, pursue economic, social, and cultural development, and control access to and use of natural resources . These components support autonomy by allowing nations or groups to establish governance systems that reflect their values and priorities, thus encouraging tailored development strategies . This right affirms the sovereignty and independence of peoples, fostering economic and cultural independence that is crucial for sustainable development .

The right to an effective judicial remedy is crucial in upholding human rights as it ensures individuals can seek and obtain redress for violations through impartial courts . Internationally, this right is implemented through human rights instruments such as the ICCPR, which mandates state parties to establish domestic legal processes to address rights infringements . By providing mechanisms for accountability and redress, this right strengthens the enforcement of other rights and promotes a rule-of-law culture at the national and global levels .

Second-generation economic rights contribute to social equality by ensuring individuals have fair access to work opportunities, fair labor conditions, and the right to form trade unions, which promote equitable economic participation . Examples include the right to work, the right to fair wages and safe working conditions, and rights related to rest and leisure, such as limitations on working hours and paid holidays . These rights aim to balance economic disparities and support social cohesion by recognizing the significance of equal economic opportunities .

Environmental rights are pivotal for global sustainable development as they ensure that natural habitats remain healthful and free from pollutants, which are essential for maintaining human health and enhancing quality of life . Critical legislative measures protecting these rights include the Philippine Clean Air Act and the Ecological Solid Waste Management Act, which aim to control air pollution and manage waste, respectively . The recognition of the right to a balanced and healthful ecology in legislation reflects an understanding of the interconnectedness of environmental health and human prosperity, emphasizing the need for policies that promote sustainable ecological practices .

Local laws in the Philippines, particularly the 1987 Constitution, have a significant impact on economic rights and social justice by mandating full protection for labor, both local and overseas, and promoting employment and equality in work opportunities . Articles in the Constitution ensure that labor relations are regulated to provide fair wages and participating workers a fair share in the productivity gains . Moreover, laws such as RA 8282 and RA 8291 focus on social welfare by ensuring social security and insurance for both private and government employees, thereby underlining the state's commitment to improving economic and social protection for its citizens .

Cultural rights under the second generation of human rights ensure the preservation of cultural identities by recognizing individuals' rights to engage in their cultural communities and to enjoy the benefits of scientific and artistic progress . These rights support the flourishing of diverse cultural expressions, languages, and traditions, particularly for ethnic, religious, and linguistic minorities . By promoting the protection of cultural practices and fostering free artistic expression, cultural rights help maintain cultural diversity and unity, thereby enriching societies collectively and individually .

First-generation political rights, such as the right to vote, participate in referendums, and access information on public matters, enable direct participation in governance and decision-making processes . These rights differ from civil rights, which are more focused on the protection of individual freedoms and liberties like freedom from involuntary servitude and the right to a fair trial . Civil rights are typically enforced at the individual level to secure personal happiness and freedom, whereas political rights facilitate broader democratic engagement and accountability in governance .

Third-generation rights address global issues by recognizing the need for collective and environmental rights that impact humanity as a whole. These include the right to a healthy environment, emphasizing clean air, water, and soil free from toxins . Another example is the right to economic and social development, which integrates sustainable practices and equitable resource distribution . These rights reflect an understanding that individual well-being is deeply interconnected with global ecological and socio-economic systems .

International conventions like the International Covenant on Civil and Political Rights (ICCPR) play a pivotal role in safeguarding political and civil rights by establishing legal standards that countries must adhere to. The ICCPR protects rights such as the right to a fair trial, freedom of expression, assembly, association and prohibits practices like torture and slavery . Articles such as Article 6 and 9 safeguard the right to life and security, while Article 18 ensures freedom of religion and thought . These conventions provide a framework for identifying rights violations and applying international pressure to enforce compliance, thus promoting global human rights standards .

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