Human Dignity, Rights, and Common Good

True

T/F: Human rights do not depend on wealth, status, usefulness, or government permission.

Essence of man/woman; deny man/woman’s dignity

"No cause is more worthy than that cause of human rights. Human rights are more than legal, they are the _____ of man/woman. They are what makes man/woman human. That is why they are called human rights, deny them and you deny man/woman's _____." - Jose W. Diokno

Human Rights

are inherent in our nature, and without which we cannot live as human beings.

True

T/F: The dignity of humans is inviolable.

1. Inherent

2. Inalienable

3. Universal

4. Indivisible

5. Inter-related and interdependent

Basic Characteristics of Human Rights

1. According to Source

2. According to Aspect

3. Rights may also be absolute or not absolute

Classification of Rights

1. Human Rights

2. Natural Rights

3. Constitutional Rights

4. Statutory Rights

Rights according to source

Human Rights

rights that belong to an individual or group of individuals simply for being human.

Natural Rights

They may be unwritten but acknowledged by everyone as morally good (e.g., life, liberty, property).

Constitutional Rights

Rights enshrined in the Constitution

Statutory Rights

Rights which are provided by law

Civil Rights

Guarantees of equal social opportunities and equal protection under the law

Political Rights

Rights that enable us to participate in running the affairs of the government either directly or indirectly.

Economic and Social Rights

Those which the law confers upon the people to enable them to achieve social and economic development.

Cultural Rights

Those rights that ensure the well-being of the individual and foster the preservation, enrichment, and dynamic evolution of culture.

Collective rights

Rights may also be exercised in a collective manner and are realized only collectively

Absolute Rights

cannot be suspended, even in extreme emergencies

Non-Absolute Rights

may be suspended during emergencies (i.e., the right to freedom of movement), but they have to satisfy 3 conditions

1. Provided for by law, which is made known to everyone concerned;

2. Necessity to urgently preserve the public good, public health, and/or public safety; and

3. Do not exceed what is strictly necessary to achieve the purpose.

3 conditions of non-absolute rights

1. Respect

2. Protect

3. Fulfill

State Obligation

False; Human rights are universal.

T/F: Human rights are relative.

Civil and Political Rights

human rights that limit the government in doing actions that affect people's autonomy;
and give the opportunity to people to participate in political affairs

1966 International Covenant on Civil and Political Rights (ICCPR)

These fundamental freedoms and rights (civil and political) are enshrined in the _____?

The United Nations Human Rights Committee

monitors the situation on civil and political rights.

Right to self-determination

The first civil and political right mentioned in the ICCPR is one's right to ______.

1. The Right to Life

2. The Right to Participate in Government

3. Freedom of Opinion and Expression

4. The Right to Peaceful Assembly and Association

Normative Elements of Selected Civil and Political Rights

The Right to Participate in Government

freely, voluntarily, effectively, and fully, and in processes constituting the conduct of public affairs, without sanction or threat

The Right to Participate in Government

may be exercised directly, indirectly, individually or collectively

The Right to Participate in Government

freedom to engage in political activity, the freedom to debate public affairs, to hold peaceful demonstrations and meetings, to criticize and oppose, to publish political material, to campaign and to advertise political ideas

The Right to Participate in Government

supported by ensuring freedom of expression, assembly and association

Freedom of Opinion and Expression

right to hold opinions without interference and the right to seek, receive, and impart information and ideas through any media, either orally, in writing, or in print, in the form of art, or through any media

Freedom of Opinion and Expression

free and responsible media

Freedom of Opinion and Expression

carries special duties and responsibilities (respect the honor, reputation, rights, and dignity of others)

Freedom of Opinion and Expression

may be restricted or limited:

• provided by law to respect the rights or reputation of others to protect national security

• public order

• public health and morals

The Right to Peaceful Assembly and Association

associated with the rights to free speech, expression, petition government for redress of grievances, and participate in government.

The Right to Peaceful Assembly and Association

right to form and join organizations and associations concerned with political, social, economic, cultural, and public affairs.

The Right to Peaceful Assembly and Association

not absolute; it may be restricted or limited by law under certain reasonable conditions to protect national security, public safety, public order, public health, public morals, or the rights and freedoms of others.

Article II: Declaration of State Policies and Principles

Article Ill: Bill of Rights

Article IV: Citizenship

Article V: Suffrage Article VI, Sec. 32: Right of Initiative and Referendum

Article XVII, Sec. 2: Right of Initiative and Referendum

The 1987 Constitution of the Philippines

has similarities with the provisions found in the United States Constitution and its amendments.

if there are issues that have yet to be resolved concerning our Constitution, the Supreme Court sometimes refers to how the US Supreme Court applies its Constitution's provisions

Article Ill: Bill of Rights

Economic, Social and Cultural Rights

human rights relating to the workplace, social security, family life, participation in cultural life, and access to housing, food, water, health care and education

1966 International Covenant on Economic, Social and Cultural Rights (ICESCR)

These rights (economic, social, cultural) are enshrined in the ______.

UN Committee on Economic, Social and Cultural Rights

The situation of economic, social and cultural rights in all countries is monitored by the _______.

1. Right to social security and social protection

2. Right to an adequate standard of living

3. Protection of and assistance to the family

4. Workers' rights

5. Right to education

6. Right to health

7. Cultural rights

Basic List of Economic, Social and Cultural Rights

Progressive Realization

describes a central aspect of States' obligations in connection with economic, social and cultural rights under international human rights treaties.

False; A lack of resources cannot justify inaction or indefinite postponement of measures to implement these rights.

T/F: In Progressive Realization, a lack of resources can justify inaction or indefinite postponement of measures to implement these rights.

1. The elimination of discrimination

2. Some ESCR should be respected immediately

3. Obligation to "take steps"

4. Non-retrogressive measures

5. Minimum core obligations

Immediate Obligations on ESCR

Article II: Declaration of State Policies and Principles

Article XII: National Economy and Patrimony

Article XIII: Social Justice and Human Rights

Article XIV: Education, Science, Arts, Technology and Culture

Article XV: The Family

Human Rights in the 1987 Constitution Economic, Social and Cultural Rights