HUMAN RIGHTS

• Those rights, which are inherent in our nature and without which, we cannot live
as a human beings.
• Supreme, inherent, inalienable

3 GENERATIONS OF RIGHTS:
FIRST GENERATION OF CIVIL AND POLITICAL RIGHTS
• Also known as the first generation of liberty rights
• Civil and political rights are individual rights against the state and are party seen
as negative because they can prevent the state from the performance of certain
acts that are considered harmful.
Examples:
• Right to life, liberty, and security of a person
• Right against torture
• Right to equal protection against any discrimination
• Right against arbitrary arrest and detention
• Right to fair and public hearing by an independent and impartial tribunal
• Right to be presumed innocent until proven guilty
• Right to privacy, freedom of opinion and expression
SECOND GENERATION OF ECONOMIC SOCIAL AND CULTURAL RIGHTS
• Also known as the second generation of equality rights
• This started to be recognized when people realize that possession of the first
generation of liberty would be valueless without the enjoyment of economic,
social, and cultural rights
Examples:
• Right to work
• Right to social security
• Right to form and join trade unions
• Right to education
• Right to rest and leisure
• Right to health
• Right to shelter
THIRD GENERATION OF SOLIDARITY RIGHTS OR COLLECTIVE RIGHTS
• Also known as the third generation of solidarity rights
• Intended to benefit individuals, groups and peoples and its realization will need
global cooperation based on international liberty
Examples:
• Right to peace?
• Right to development?
• Environmental rights?
• Right to self-determination
• Right to food?
• Rights of women?
• Rights of children?
• Right to humanitarian disaster relief?
• Right to water (latest addition)
CHARACTERISTICS OF HUMAN RIGHTS
1. Inherent
Not granted by any person or authority
2. Fundamental
Without them, the life and dignity of man will be meaningless.
3. Inalienable
Cannot be rightfully taken away from a free individual. Cannot be given away or
forfeited
4. Indivisible
Not capable of being divided. Cannot be denied even when the other rights have
already enjoyed.
5. Imprescriptible
Cannot be lost even if the man fails to use or assert them, even by a long passage
of time.
6. Universal
It applies irrespective of ones origin, status, or condition or place where one lives.
7. Interdependent
The fulfillment exercise of one cannot be had without realization of the other.

CLASSIFICATION OF HUMAN RIGHTS

NATURAL RIGHTS
God - given rights, acknowledge by everybody to be morally good. Unwritten, but
prevail as norms of the society.
CONSTITUTIONAL RIGHTS
Conferred and protected by the constitution and which cannot be modified or taken
away by the law- making body.
STATUTORY RIGHTS
Those are which provided by the law, promulgated by the law making body. May
be abolished by the body that created them.

STAGES OF HUMAN RIGHTS

IDEALIZATION IDEALIZATION REALIZATION

Notions about Human Where support for the ideas When the rights area
Rights start in the realm of become strong, Thus already being enjoyed by
ideas that reflect the incorporate them into legal the citizen by the
consciousness against instrument transformation of the social
oppression or inadequate economic and political
performance of the state. power
SOURCES OF FOUNDATIONS OF HUMAN RIGHTS
The basic source of human rights law in the Philippines is the 1987 Constitution
• First generation of rights:
- Article III, Bill of Rights
• Second Generation of Rights:
- Article XII, National Economy and Patrimony
- Article XIII, Social Justice and Human Rights
- Article XIV, Education, Science and Technology, Arts, Culture and Sports
 • Third Generation of Rights:
- Article II, Declaration of Principles and State Policies
- Article XV, The Family
Law passed by the Congress based from The 1987 Philippine Constitution
First generation:
• RA 7438 (Rights of Persons Arrested, Detained, or Under Custodial
Investigation?
• RA 8493 (Speedy Trial Act of 1998)
• RA 10350 (Anti-Enforced Disappearance Act)
• RA 9745 (Penalizes Acts of Torture)?
• RA 9851 (Penalizes Crimes Against International Humanitarian Law, etc.)?
• RA 10368 (Creation of Human Rights Victim Board)
Second generation:
• RA 6657 (Comprehensive Agrarian Reform Law)?
• RA 7279 (Urban Development and Housing Act of 1992)
• RA 8282 (Social Security Act of 1992)
• RA 6938 (The Cooperative Code)?
• RA 8435 (Agriculture and Fisheries Modernization Act of 1997)
Third generation:
• RA 7192 (Women in Development and Nation-Building Act)
• RA 8505 (Rape Victim Assistance and Protection Act of 1998)
• RA 6955 (Declares Unlawful the Practice of Matching Filipino Women for
Marriage To Foreign Nationals on a Mail Order Basis)
• RA 7610 (An Act Providing for the Magna Carta of Women?
• RA 7610 (An Act Providing For Stranger Deterrence and Special Protection
AgainstChild Abuse, etc.)
• RA 8749 (Philippine Clean Air Act of 1999)
• RA 9003 (Ecological Solid Waste Management and Protection Act)
• RA 9147 (Wildlife Resources Conservation and Protection Act)
Rehabilitation
Is a program of activity directed to restore a PDL self respect and sense of
responsibility to the community, there making him/her a law-abiding citizen after serving
his/her sentence.
What is a Person Deprived of Liberty
Refers to a detainee, inmate, or prisoner, or other person under confinement or
custody in any other manner. However, in order to prevent labeling, branding or shaming
by the use of these or other derogatory words, the term "prisoner" has been replaced by this
new and neutral phrase "person deprived of liberty" under Article 10, of International
Covenant on Civil and Political Rights (ICCPR), who "shall be treated with humanity and
with respect for the inherent dignity of the human person."

THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE

TREATMENT OF PRISONERS
• It provide states with detailed guidelines for protecting the rights of persons
deprived of their liberty.
• The rules are based on an obligation to treat all prisoners with respect for their
inherent dignity and value of human beings, and to prohibit torture and other forms
of ill treatment.
• The Promotion of the general welfare and safeguarding the basic rights of every
prisoner incarcerated in the national penitentiary by promoting and and ensuring
their reformation and social reintegration, creating an environment conducive to
rehabilitation and compliant with the United Nations Standard Minimum Rules for
Treatment of Prisoners (UNSMRTP), is a responsibility of the state. (IRR RA10575,
2016, Section 2 Bureau of Corrections Act of 2013)
RULES OF GENERAL APPLICATION
• Rule 1. All prisoners shall be treated with the respect due to the inherent dignity
and value as human beings. No prisoner shall be subjected to, and all prisoners
shall be protected from, torture and other cruel, inhumane or degrading treatment or
punishment, for which no circumstances whatsoever may be invoked as a
justification. The safety and security of prisoners, staff, service providers and
visitors shall be ensured at all times.

• Rule 2. The present rules shall be applied impartially.

• Rule 3. Imprisonment and other measures that result in cutting off persons from the
outside world are afflictive by the very fact of taking from these persons the right
of self- determination by depriving them of their liberty. Therefore the prison
system shall not, except as incidental to justifiable separation or the maintenance of
discipline, aggravate the suffering inherent in such a situation.
 • Rule 4. The purposes of a sentence of imprisonment or similar measures deprivative
of person's liberty are primarily to protect society against crime and to reduce
recidivism.

• Rule 5. The prison regime should seek to minimize any differences between prison
life and life at liberty that tend to lessen the responsibility of the prisoners or the
respect due to their dignity as human beings.

• Rule 6. There shall be a standardized prisoner file management system in every

place where persons are imprisoned.

• Rule 7. No person shall be received in a prison without any valid commitment

order.

• Rule 8. Prisoner's personal information shall be entered in the prisoner file

management system in the course of imprisonment.

SEPARATION ON CATEGRORIES
• Rule 11. The different categories of prisoners shall be kept in separate institutions,
taking account of their sex, age, criminal record, the legal reason for their detention
and the necessities of their treatment.
ACCOMMODATION
• Rule 12. Where sleeping accommodation is in individual cells or rooms, each
prisoner shall occupy by night cell or room by himself or herself. If for special
reasons, such as temporary overcrowding, it becomes necessary for the central
prison administration to make an exception to this rule, it is not desirable to have
two prisoners in a cell or room.
• Rule 13. All accommodation provided for the use of prisoners and in particular all
sleeping accommodation shall meet all requirements of health, due regard being
paid to climatic conditions and particularly to cubic content of air, minimum floor
space, lighting, heating and ventilation.
• Rule 14. In all places where prisoners are required to live or work:
(a)The windows shall be large enough to enable the prisoners to read and
work by natural light and shall be so constructed that they can allow the
entrance of fresh air whether or not there is artificial ventilation;
 (b) Artificial light shall be provided sufficient for the prisoners to read or
work without injury to eyesight.

• Rule 15. The sanitary installations shall be adequate to enable every prisoner to
comply with the needs of nature when necessary and in a clean and decent manner.

• Rule 16. Adequate bathing and shower installations shall be provided so that
every prisoner can, and may be required to, have a bath shower, at a temperature
suitable to the climate, as frequently as necessary for general hygiene according to
season and geographical region, but at least once a week in a temperate climate.

• Rule 17. All parts of a prison regularly used by prisoners shall be properly
maintained and kept scrupulously clean at all times.

PERSONAL HYGIENE
• Rule 18. Prisoners shall be required to keep their persons clean, and to this end they
shall be provided with water and with such toilet articles as are necessary for health
and cleanliness.

CLOTHING AND BEDDING

• Rule 19. Every prisoner who is not allowed to wear his/her own clothing shall be
provided with an outfit of clothing suitable for the climate and adequate to keep him
or her in good health. Such clothing shall in no manner be degrading or
humiliating.

• Rule 20. If prisoners are allowed to wear their own clothing, arrangements shall be
made on their admission to the prison to ensure that it shall be clean and fit for use.

• Rule 21. Every prisoner shall, in accordance with local or national standards, be
provided with a separate bed and with separate and sufficient bedding which shall
be clean when issued, kept in good order and changed often enough to ensure its
cleanliness.

FOOD
• Rule 22
1. Every prisoners shall be provided by the prison administration at the usual hours
with food of nutritional value adequate for health and strength, of wholesome
quality and well prepared and served.
2. Drinking water shall be available to every prisoner whenever he or she needs it.
 EXERCISE AND SPORT
• Rule 23
1. Every prisoner who is not employed in outdoor work shall have at least one
hour of suitable exercise in the open air daily if the weather permits.
2. Young prisoners, and others suitable age and physique, shall receive physical
and recreational training during the period of exercise. To this end, space,
installations and equipment should be provided.