Module 1 HR Definition

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UNDERSTANDING

HUMAN RIGHTS
WHY
“Whereas, recognition of the inherent dignity
HUMAN and of equal and in alienable rights of all
RIGHTS? members of the human family is the
foundation of freedom,
justice and peace in the world”
(U.N. Declaration of Human Rights, Preamble)

“The state values the dignity of every human


person and guarantees full respect
for human rights”
(Constitutional policy on Human Rights, Art.
11, Sec 11, 1987 Philippine Constitution).
WHAT ARE
• Human rights are those rights which
HUMAN
are inherent in our nature and
RIGHTS?
without which we cannot live without
(U.N.)

• Human rights are those rights


which are supreme, inherent and
inalienable rights to life, dignity and
self-development. It is the essence
of these rights that make man
human. (CHR)
CLASSIFICATION OF HUMAN RIGHTS

A. According to Source
WHAT ARE THE
CLASSIFICATION
OF HUMAN
1. Natural
RIGHTS? Rights/Moral Rights

God given rights, acknowledged by


everybody to be morally good and
are unwritten.

Right to life, dignity and self-development.


2. Legal Rights

2.1 Constitutional Rights

WHAT Conferred
ARE THE and protected by the Constitution, cannot be
modified or taken away by the law-making body.
CLASSIFICATION
OF HUMAN
RIGHTS?
The Rights found under Art III of the Bill of Rights in
the 1987 Philippine Constitution.

2.2 Statutory Rights

Promulgated and passed by the legislative body. Can


be amended by the same body.
B. According to Aspect of Life
1. Civil Rights
WHAT ARE
LawTHE
enforced at the instance of private individuals for
CLASSIFICATION
the purpose of securing to them the enjoyment of their
OF HUMAN
means of happiness.
RIGHTS?

Rights to be secure in one’s own person, houses, papers


and effects; rights to privacy of communication, right to
travel, freedom of religion, Right to form and join
unions; Right to a name; Right to form a family.
2. Political Rights
Enable
WHAT ARE THEindividuals to participate directly or indirectly
CLASSIFICATION
in running the affairs of the government.
OF HUMAN
RIGHTS?
e.g.

Rights to vote and be voted upon


Right to information on matters of public concern
Right to initiative and referendum.
3. Economic, Social and Cultural Rights

Rights of the people to self-determination and to


pursue economic, social and cultural development and
WHATfinancial
ARE THE security.
CLASSIFICATION
OF HUMAN
Positive rights- state is expected to take effective
RIGHTS?
resources to fulfill them

Programmable rights - their fulfillment depend upon


the resources and political will of the state.

Right to the highest attainable health, Right to adequate food, Right


to education, Right to social security and Right to work.
C. According to Recipient
1. Individual Rights
• Accorded to individuals.

• Right to life, Right to adequate food, Right to education, Right to


social security, Right to work.

2. Collective Rights/People’s Right/Solidarity Rights

• Enjoyed only in company with others

Right to peaceful assembly, Right to peace, Right to development,


Right to self-determination, and Right to environment.
D. According to its Derogability
1. Absolute or non-derogable rights

Cannot be suspended, restricted, limited or


taken away even in emergency situations.

7 Absolute Rights under the International Covenant on


Civil and Political Rights:
a. Right to life
b. Right against torture and cruelty, inhuman or degrading treatment
c. Right to be recognized as a person before the law
d. Freedom against slavery and servitude
e. The right not to be imprisoned due to non-payment of debt
f.Freedom of religion
g. Right against ex post facto laws
2. Non-absolute/Derogable Rights

Can be suspended or taken and maybe limited due to


public morality, welfare and security.
WHAT ARE THE
CLASSIFICATION
Three conditions should be present before a right can be
OF HUMAN
limited or curtailed.
RIGHTS?
a. It is only publicly announced or legislated, it is not by officials’
whims only

b. There is a state of emergency which requires the urgent


preservation of the public moral, public safety and public good

c. There must be a time limit.


• Right to freely - imposition of curfews.

• Right of others/community - limit the


exercise of one’s right.

“YOUR RIGHT ENDS WHERE THE


RIGHTS OF OTHERS BEGIN”

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