LAWS ON HUMAN

RIGHTS
Therapeutic Modality
Objectives

1. Gain some knowledge about the general nature and definition of human rights.
2. Acquaint on the sources and foundations of human rights law.
3. Understand the meaning and concept of civil and political rights.
Human Rights

■ Those rights, which are inherent in our nature and without which, we cannot live as
human beings.
Basic Characteristics of Human Rights

■ Inherent – not granted by any person or authority.

■ Fundamental – w/o them, life and dignity of man will be meaningless.
■ Inalienable – cannot be rightfully taken away from a free individual. Can’t be given away or forfeited.
■ Imprescriptible – cannot be lost even if man fails to use or assert them, even by a long passage of
time.
■ Indivisible – not capable of being divided. Cannot be denied even when other rights have already been
enjoyed.
■ Universal – it applies irrespective of one’s origin, status, or condition or place where one lives. Rights
can be enforced w/o national border
■ Interdependent – the fulfillment or exercise of one cannot be had w/o the realization of the other.
HUMAN RIGHTS
PRINCIPLES
The dignity of man and human life is inviolable.
Classification of Rights

1. Natural rights
– God-given rights, acknowledge 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 law-making body. May be
abolished by the body that created them.
Stages of Human Rights

1. Idealization
– Notions about HR starts in the realm pf ideas that reflect a consciousness against
oppression or inadequate performance of the state.
2. Positivization
– Where the support for the ideas become strong, and thus incorporate them into
legal instruments.
3. Realization
– When these rights are already being enjoyed by the citizens by the transformation
of the social, economic, and political order
Sources and Foundations of Human
Rights Law
■ The 1987 PH Constitution
■ International Bill of Rights
■ Universal Declaration of Human Rights (UDHR)
■ International Covenant on Civil and Political Rights (ICCPR)
■ International Covenant on Economics, Social and Cultural Rights (ICESCR)
 CIVIL AND
POLITICAL RIGHTS
Bill of Rights int the 1987 Constitution

■ The Bill of Rights is a regular fixture in all Philippine Constitutions, except in Biak na
Bato Constitution of 1897.
■ 1935 Constitution, 1973 Constitution, 1986 Freedom Constitution - Bill of Rights
■ 1943 Constitution – Duties and Responsibilities of the Citizens
■ 1899 Malolos Constitution – The Filipinos and their National and Individual Rights
Bill of Rights

■ An enumeration of civil and political rights that are self-executing.

■ It also serves as a restriction upon the powers of the State in order to preserve
constitutional harmony and stability.
– Father Joaquin Bernas, SJ
■ The Bill of Rights is to declare some forbidden zones in the private sphere inaccessible
to any power holder.
RIGHTS OF A PERSON
under custodial investigation
Custodial Rights of a Person
Section 12, Art. III, 1987 Constitution
■ (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of the counsel, he must
be provided with one. These rights cannot be waived except in writing and in the presence
of counsel.
■ (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado or other
similar forms of detention are prohibited.
■ (3) Any confession or admission obtained in violation of this, or section 17 hereof shall be
inadmissible in evidence.
■ (4) the law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their
families.
Custodial Investigation

■ Is any questioning by law enforcement after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way.
■ It refers to the investigation conducted by law enforcement immediately after arrest for
the commission of an offense
What is the Miranda Doctrine?

■ Comes from the U.S. case Miranda vs. Arizona (16 L. Ed 2d 694)
■ US Supreme Court laid down the principle of custodial rights of an accused
What are the rights of a person during
custodial investigation?
1. The right to informed of his rights
2. The right to remain silent and to be reminded that anything he says can and will be
used against him
3. The right to an attorney or to counsel, preferably of his own choice; if not, one will be
provided for him
4. Right against torture, force, violence, intimidation, or any other means which vitiate the
free will of the person
5. Right against secret detention places, solitary, incommunicado, or any similar forms of
detention
End of Presentation