CU-2-Human-Rights-Education FSHR

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HUMAN RIGHTS

EDUCATION

ATTY. GLINDA B. TRINIDAD


04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 1
HUMA
N
RIGHT
S
EDUCA
TION

WEEK 2 TOPICS

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 2


Definition of Human Rights
HUMA
N
Human rights refers to norms that aim to protect people from political, legal,
RIGHT and social abuses.
S
EDUCA
TION
Human rights are commonly understood as inalienable fundamental rights
to which a person is inherently entitled simply because she or he is a human
being.

Human rights allow a person to live with dignity and in peace, away from the
abuses that can be inflicted by abusive institutions or individuals.

United Nations (UN) defines human rights as universal and inalienable,


interdependent and indivisible,
04/28/2023
and equal and non-discriminatory.
ATTY. GLINDA B. TRINIDAD (Instructress) 3
Characteristics of Human Rights
HUMA
N 1. Inherent
RIGHT
S
 Not granted by any person or authority
EDUCA
TION

2. Fundamental
 Without them, the life and dignity of man will be meaningless

3. Inalienable
 Cannot be rightfully taken away from a free individual unless specific
situations call for it. However, the deprivation of a person's right
is subject to due process.
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 Cannot be given away or be forfeited
ATTY. GLINDA B. TRINIDAD (Instructress) 4
Characteristics of Human Rights
HUMA
N
4. Universal
RIGHT
S
 Applies irrespective of one’s origin, status, or condition or place where one
EDUCA lives
TION
 Rights can be enforced without national border

5. Imprescriptible
 Cannot be lost even if man fails to use or assert them, even by a long
passage of time

6. Indivisible
 Not capable of being divided
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 Cannot be denied evenATTY.when
GLINDA B. other rights have already been enjoyed
TRINIDAD (Instructress) 5
Characteristics of Human Rights
HUMA
N
RIGHT
S
EDUCA
7. Equal and non-discriminatory
TION  Human rights protect all people regardless of race, nationality,
gender, religion, and political leaning, among others. They
should be respected without prejudice.

8. Interdependent
 The fulfillment or exercise of one cannot be had without the
realization of the other

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 6


Classification of Rights According to Source
HUMA
N
1. Natural Rights
RIGHT  God-given rights, acknowledged by everybody to be morally good
S
EDUCA  Unwritten, but prevail as norms of the society
TION

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

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 7


Classification of Rights According to Recipient
HUMA
N
RIGHT
S
EDUCA
1. Individual Rights
TION
 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

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 8


Classification of Rights According to Aspect of Life
HUMA
N
RIGHT
S
1. Civil Rights
EDUCA  Rights which the law will enforce at the instance of private individuals for the
TION
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

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 9


Classification of Rights According to Aspect of Life
HUMA
N
RIGHT
S 3. Economic and Social Rights
EDUCA
TION  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.

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 10


Classification of Rights According to Struggle for Recognition
HUMA
N
RIGHT 1. First Generation Rights
S
EDUCA
TION
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
04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 11
Classification of Rights According to Struggle for Recognition
HUMA
N
RIGHT
S 2. Second Generation Rights
EDUCA
TION

 Covers economic, social, and cultural rights which find their origin
primarily in the socialist tradition.

 Conceives of human rights more in positive terms.

 Fundamental claims to social equality

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 12


Classification of Rights According to Struggle for Recognition
HUMA
N
RIGHT
3. Third Generation Rights
S
EDUCA
TION  Third generation or ‘solidarity rights’ cover group and collective rights, which include,
inter alia, the right to development, the right to peace, right to a clean environment
and the right to self determination.

 Freedom of association and assembly, freedom of religion and, more especially, the
freedom to form or join a trade union, fall into this category.

 The collective element is even more evident when human rights are linked
specifically to membership of a certain group, such as the right of members of ethnic
and cultural minorities to preserve their own language and culture.
04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 13
Classification of Rights According to Derogability
HUMA
N
1. Absolute or Non-Derogable Rights
RIGHT
S
EDUCA Those that cannot be suspended nor taken away nor restricted/limited even in
TION
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

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 14


Classification of Rights According to Derogability
HUMA
N
RIGHT
S a. It is provided for by law which is made known to every citizen;
EDUCA
TION

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


preservation of the public good, public safety, and public moral;

c. It does not exceed what is strictly necessary to achieve the


purpose.

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Categories of Human Rights
HUMA
N
1. Fundamental Freedom in Political Rights
RIGHT  Freedom of conscience and religion
S
EDUCA  Freedom of thought, belief, opinion and expression
TION
 Freedom of the press and communication
 Freedom of association, freedom of peaceful assembly
 Rights to privacy, reputation, and human dignity

2. Democratic Rights
 Commonly exercised in a democratic state
a. Right to vote and to participate in the electoral process
b. Right to participate in public or governmental affairs

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Categories of Human Rights
HUMA 3. Mobility Rights
N
RIGHT  National and international in character
S
EDUCA
a. Right to travel
TION b. Right to return to one’s country
c. 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
Ex: Right to protection against political and other extrajudicial killings, the disappearances of
persons, and torture and other cruel inhuman or degrading treatment or punishment

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 17


Categories of Human Rights
HUMA
N
5. Legal Rights
RIGHT Constitute due process that can be invoked by persons accused.
S
EDUCA
TION
a. Freedom from arbitrary arrest and detention
b. Protection against unreasonable search and seizure
c. Right to counsel
d. Right to fair and public trial
e. Presumption of innocence
f. Right against self-incrimination

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 18


Categories of Human Rights
HUMA
N
6. Rights of Equality
RIGHT
S
EDUCA
TION
 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

 Protection against discrimination on the grounds of sex, race, religion,


ethnic origin, age, marital status, and political and social condition

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 19


Categories of Human Rights
HUMA
N
7. Economic, Social and Cultural Rights
RIGHT
S
EDUCA  Considered more of standards to be observed by the state
TION
a. Right to social security, social insurance, protection and assistance to the
family
b. Right to an adequate standard of living, adequate food, clothing and housing
c. Right to physical and mental health
d. Right to education
e. Right to be part of the artistic and scientific life of the country

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 20


Categories of Human Rights
HUMA 8. Workers’ Rights
N
RIGHT a. Right to association
S
EDUCA
b. Right to organize unions
TION c. Right to bargain collectively
d. Prohibition of forced labor
e. Prohibition of employment of children
f. Guarantee of minimum wages and other support

9. Aboriginal Rights
 Associated with the rights of indigenous cultural tribes or communities

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 21


Categories of Human Rights
HUMA 10. Reproductive Rights
N
RIGHT
S  Right to found a family and bear children
EDUCA
TION a. Right to gender sensitivity and the biomedical technology
b. Right to family planning

11. 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

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 22


Categories of Human Rights
HUMA
N
RIGHT
S
12. Right of Self-determination
EDUCA
TION
 Right of people to be free from colonial rule

a. Right of people to decide their own destiny

13. Minority Group Rights


 Protection of ethnic, linguistic and religious minorities

04/28/2023 ATTY. GLINDA B. TRINIDAD (Instructress) 23

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