FUNDAMENTAL

HUMAN RIGHTS
“The rights of every man are
diminished when the rights
of one man are threatened.”
― John F. Kennedy
 1. WHAT ARE HUMAN RIGHTS?
●Concept of rights: rights are guarantees,
freedoms, privileges, etc ... that people
have. They may or may not be guaranteed
by the law, and they aim to provide
protection and security to every citizen.
Every right carries with it the fulfillment
of a duty.
●Concept of duties: duties are rules, laws
or regulations that rule our coexistence in
society and that we are obliged to comply.
●We call fundamental rights or human
rights to those conditions that every
human being has by the mere fact of
being, and whose effective realization is
essential for their integral development.
Human rights belong to all men without
exception or distinction of any kind.
●The rights may have an individual
dimension, whether they refer to one
person, or collective, if they refer to a
group or association of persons. In the first
case we talk about individual rights, and
in the second about social rights.
●Individual rights are fundamental
human needs. Historically they have
focused on freedom. The right to life and
freedom of speech are some of them.
●Social rights revolve around equality
and solidarity: some examples include
the right to education and health.
●The number of human rights has been
growing steadily. In the first generation
only civil and political rights of individuals
were contemplated. Later, in the second
generation social, economic and cultural
rights were included. Finally, in response
to cooperation between nations, a third
generation of rights was adopted : those
of solidarity, environment, peace and
development of peoples.
●Characteristics of Human Rights:
-Human rights are universal: they are valid
for everybody, without any difference based
on race, sex, national origin, religion,
language or any other characteristic.
-They are inalienable: they belong to the
individual and can not be assigned or
transferred to others.
-They are not negotiable: all human rights
are important. You can not negotiate the
failure of one or more rights to facilitate the
compliance of others.
 1. HUMAN RIGHTS IN THE
WORLD TODAY.
●In today's world the most basic rights of
millions of people are not respected.
Some countries practice a continuing
violation of these rights: torture, illegal
arrests, political repression, violence, etc..
Child exploitation, discrimination against
women, the involvement of children in
wars, slavery, …are also frequent.
What is the Meaning of  Fundamental
Human Rights?

A fundamental human right is a

privilege or prerogative conferred by law
upon a person. It is expressed in the 
constitution or law of the
state. Fundamental human
rights remain rights as long as the
state has power to protect them. 
Types of Human Rights
There are several types of fundamental human rights.

• Natural Rights

Natural rights are inherent in us as human beings. Natural

rights are inherent and inalienable in man. In other words,
every human being is entitled to these rights as of right. An
individual cannot be dispossessed of these rights without
due process.
• Social Right

Social rights are conferred on an individual

by virtue of his membership of the state. For
example, every citizen of the United States of
America has the right to use roads, bridges,
markets, hospitals, libraries and schools
provided by the government.
• Political Rights
Political rights are rights conferred on an
individual by virtue of his membership of a political
community. They are the rights of the citizen to
participate in managing the affairs of his country.
They include right to vote and be voted for, right to
form or join a political party, right to hold public
office, right to call for periodic elections or
participate in writing the constitution.

Their primary purpose is to reduce the exercise of

the coercive powers of the state.
•Economic Rights

Economic rights deal with the economic

sustenance of the individual. Such rights
include right to own and sell property,
right to work and right to compensation.
• Legal Rights

Legal rights deal with the enforcement of

the right of the individual. Examples are
right to sue and be sued, right to fair
hearing, right to fair trial, right to equality
before the law and right to serve as a
witness .

Reference
https://studyhq.net/fundamental-human-rights/
 BASIC EMPLOYEES RIGHTS
(DOLE)
•  Equal Work Opportunities for All

The State shall protect labor, promote full employment, provide

equal work opportunity regardless of gender, race, or creed; and
regulate employee-employer relations.
  Male and female employees are entitled to equal compensation for
work of equal value and to equal access to promotion and training
opportunities. Discrimination against female employees is unlawful. It is
also unlawful for an employer to require a condition of employment that
a woman employee shall not get married, or to stipulate expressly or
tacitly that a woman employee shall be deemed dismissed upon
marriage.
• Security of Tenure
    

Every employee shall be assured security of tenure. No

employee can be dismissed from work except for a just
or authorized cause, and only after due process.
    
Just Cause refers to any wrongdoing committed by an
employee including:
1.serious misconduct
2.willful disobedience of employers' lawful orders
connected with work
3.gross and habitual neglect of duty
4.fraud or willful breach of trust
5.commission of crime or offense against the employer,
employer's family member/s or representative
6.other analogous cases
 
Authorized Cause refers to an economic circumstance
not due to the employee's fault, including:

1.the introduction of labor-saving devices

2.redundancy
3.retrenchment to prevent losses
4.closure or cessation of business
    
Due Process in cases of just cause involves:
5.notice to employee of intent to dismiss and
grounds for dismissal
6.opportunity for employee to explain his or
her side
7.notice of decision to dismiss
 Work Days and Work Hours  
    

Work Day refers to any day during which an employee is

regularly required to work. Hours of Work refer to all the time an
employee renders actual work, or is required to be on duty or to
be at a prescribed workplace. The normal hours of work in a day
is 8 hours. This includes breaks or rest period of less than one
hour, but excludes meal periods, which shall not be less than one
hour.
     

An employee must be paid his or her wages for all hours worked.
If all or any part of his or her regular work hours falls between
10:00 p.m. to 6:00 a.m., a covered employee shall be entitled to a
night shift pay in addition to his or her  pay for regular work hours.
If he or she works for more than 8 hours in one day, he or she
shall be entitled to overtime pay.
Wage and Wage-Related Benefits   
    
Wage is the amount paid to an employee in exchange for a
task, piece of work, or service rendered to an employer. This
includes overtime, night differential, rest day, holiday and 13th
month pay. It also includes the fair and reasonable value of
board, lodging and other facilities customarily furnished by
the employer.
     
Wage may be fixed for a given period, as when it is computed
hourly, daily or monthly. It may also be fixed for a specified
task or result. If wage is for a fixed period, the minimum wage
for a regular 8-hour workday shall not be lower than the
minimum daily wage applicable to the place of work as
determined by the Regional Tripartite Wage and Productivity
Board having jurisdiction over workplace.
     
Payment of Wages
     

Wages shall be paid in cash, legal tender at or near the

place of work. Payment may be made through a bank
upon written petition of majority of the workers in
establishments with 25 or more employees and within
one (1) kilometer radius to a bank. Payment shall be
made directly to the employees.
     
Wages shall be given not less than once every two (2)
weeks or twice within a month at intervals not
exceeding 16 days.
 Employment of Women  
    

Night work prohibition unless allowed by the Rules:

• in industrial undertakings from 10PM to

6AM
• in commercial/non-industrial undertakings
from 12MN to 6AM
• in agricultural undertakings, at night time
unless given not less than 9 consecutive
hours of rest
• Employment of Children  
    

Minimum employable age is 15 years. A worker

below 15 years of age should be directly under the
sole responsibility of parents or guardians; work
does not interfere with child's schooling/normal
development.
     
No person below 18 years of age can be
employed in a hazardous or deleterious
undertaking.
•  Safe Working Conditions  
     
Employers must provide workers with every kind
of on-the-job protection against injury, sickness or
death through safe and healthful working
conditions.
    

Jobs may be hazardous or highly hazardous.

Hazardous jobs are those which expose the
employee to dangerous environment elements,
including contaminants, radiation, fire, poisonous
substances, biological agents and explosives, or
dangerous processes or equipment including
construction, mining, quarrying, blasting,
stevedoring, mechanized farming and operating
heavy equipment.
REFERENCES

https://studyhq.net/fundamental-human-rights/

https://bwc.dole.gov.ph/the-workers-basic-rights

ADDITIONAL BOOK REFERENCE

“ETHICS OR MORAL PHILOSOPHY” FR. ALFREDO PANIZO, O.P
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