HRE-CLJ

Human Rights Education

Jhon Rio D. Rosario, RCrim.

Honey Mica Pamiloza, RCrim.

CHAPTER I

Human Rights

 Those rights, which are inherent in our nature, and without which, we cannot live as human
beings.
 Allow us to develop and use our human qualities, intelligence, talents, and conscience and to
satisfy our spiritual and other needs.
 Supreme, inherent and inalienable rights to life, dignity, and self-development.
 The essence of these rights makes man human.

Basic Characteristics of Human Rights:

1. lnherent
➢ Not granted by any person or authority
2. Fundamental
➢ Without them, the life and dignity of man will be meaningless
3. lnalienable
➢ Cannot be rightfully taken away from a free individual
➢ Cannot be given away or be forfeited
4. lmprescriptible
➢ Cannot be lost even if man fails to use or assert them, even by a long passage of
time
5. lndivisible
➢ Not capable of being divided
➢ Cannot be denied even when other rights have already been enjoyed
6. Universal
➢ Applies irrespective of one’s origin, status, or condition or place where one lives
➢ Rights can be enforced without national border
7. Interdependent
➢ The fulfillment or exercise of one cannot be had without the realization of the other

Human Rights Principles:

➢ The dignity of man and human life is inviolable. From the dignity of man is derived the
right of every person to free development of his personality.
➢ A legitimate state should exist to assure that in the
 discharge of the governmental functions, the dignity that is the birthright of every human
being is duly safeguarded.

Classification of Rights:

According to Source

1. Natural Rights
➢ God−given rights, acknowledged by everybody to be morally good
➢ Unwritten, but prevail as norms of the society
2. Constitutional Rights
➢ Conferred and protected by the Constitution and which cannot be modified or
taken away by the law−making body
3. Statutory Rights
➢ Those rights which are provided by law promulgated by the law−making body
➢ May be abolished by the body that created them

According to Recipient

1. lndividual Rights
➢ Accorded to individuals
2. Collective Rights
➢ Also called “people’s rights” or “solidarity rights”
➢ Rights of the society, those that can be enjoyed only in company with others

According to Aspect of Life

1. Civil Rights
➢ 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
➢ Partake of the nature of political rights
when they are utilized as a means to participate in the government

2. Political Rights
➢ Rights which enable us to participate in running the affairs of the government
either
directly or indirectly
3. Economic and Social Rights
➢ Those which the law confers upon the people to enable them to achieve social and
economic development
4. Cultural Rights
➢ Rights that ensure the well−being of the individual and foster the preservation,
 enrichment, and dynamic evolution of national culture based on the principle of
unity in diversity in a climate of free artistic and intellectual expression.

According to Struggle for Recognition

1. First Generation Rights

➢ Civil and political rights which derives primarily from the 17th and 18th
centuries’ reformist theories
➢ Conceives of human rights more in negative
(“freedom from”) than positive (“rights to”) terms
➢ Favors the abstention rather the
intervention of government in the exercise of freedoms and in the quest for human
dignity
2. Second Generation Rights
➢ Covers economic, social, and cultural rights which find their origin primarily
in the socialist tradition.
➢ C o v e r s o f h u m a n rights more in positive terms.
➢ Fundamental claims to social equality
3. Third Generation Rights
➢ Covers collective rights

According to Derogability

1. Absolute or Non−Derogable Rights

➢ Those that cannot be suspended nor taken away nor restricted/limited even in
extreme emergency and even if the government invokes national security
2. Derogable or Can−Be−Limited Rights
➢ May be suspended or restricted or limited depending on the circumstances which
call for the preservation of social life
➢ Must satisfy three requirements for it to be
valid:
i. lt is provided for by law which is made known to every citizen;
ii. There is a state of emergency
which necessitates the urgent preservation of the public good, public
safety, and public moral;

iii. lt does not exceed what is strictly

necessary to achieve the purpose.
Categories of Human Rights

1. Fundamental Freedom in Political Rights

i. Freedom of conscience and
religion
ii. Freedom of thought, belief,
opinion and expression
i. Freedom of the press and communication
ii. Freedom of association, freedom
of peaceful assembly
iii. Rights to privacy, reputation, and human dignity
2. Democratic Rights
➢ Commonly exercised in a democratic state
i. Right to vote and to participate in the electoral process
ii. Right to participate in public or governmental affairs
3. Mobility Rights
➢ National and international in character
i. Right to travel
ii. Right to return to one’s country
iii. Freedom of movement within the country
4. Right to Life, Liberty, and Security of the Person
➢ Represent the core of fundamental rights which relate to the right to physical
and personal integrity, consistent with human dignity
i. Right to protection against political
and other extrajudicial killings, the disappearances of persons, and torture
and other cruel inhuman or degrading treatment or punishment
5. Natural Rights
 Constitute due process that can be invoked by persons accused
[Link] from arbitrary arrest and detention
[Link] against unreasonable search and seizure
[Link] to counsel
[Link] to fair and public trial
[Link] of innocence
[Link] against self−incrimination

6. Rights of Equality
 Also known as the right against discrimination
 Everyone is equal before the law and is entitled to equal protection or the
equal benefit of the law
i. Protection against discrimination on the grounds of sex, race, religion,
ethnic origin, age, marital status, and political and social condition
7. Economic, Social and Cultural Rights
➢ Considered more of standards to be observed by the state
i. Right to social security, social insurance protection and assistance to the family
ii. Right to an adequate standard of living, adequate food, clothing and
housing
iii. Right to physical and mental health
iv. Right to education
v. Right to be part of the artistic and scientific life of the country

6. Workers’ Rights
i. Right to association
i. Right to organize unions
ii. Right to bargain collectively
iii. Prohibition of forced labor
iv. Prohibition of employment of children
v. Guarantee of minimum wages and other support

7. Aboriginal Rights
➢ Associated with the rights of indigenous cultural tribes or communities

8. Reproductive Rights
i. Right to found a family and bear children
ii. Right to gender sensitivity and the
biomedicaltechnology
i. Right to family planning

9. 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

10. Right of Self−determination

 Right of people to be free from colonial rule
 Right of people to decide their own destiny

11. Minority Group Rights

i. Protection of ethnic, linguistic and religious minorities