ROTC

Rules of Law: Human Rights, Bill of Rights, IHL

Rules of Law: A Study Guide

Enabling Learning Objective: Understand the fundamental principles of Human Rights, the Bill of Rights as enshrined in the 1987 Philippine Constitution, and the basic tenets of International Humanitarian Law.

I. Key Concepts and Principles

A. Human Rights

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Definition: Fundamental rights and freedoms inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. They are basic standards necessary for individuals to live with dignity.

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Classifications (According to Source):

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Natural Rights: Rights possessed inherently, not granted by the state (considered God-given).

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Legal Rights: Rights granted by law: * Constitutional Rights: Specifically guaranteed in a country's constitution (e.g., the Bill of Rights). * Statutory Rights: Created and defined by legislative bodies through statutes.

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Classifications (According to Aspect of Life):

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Civil Rights: Rights related to individual liberty and equality (e.g., right to name, nationality, marriage).

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Political Rights: Rights enabling participation in the political process (e.g., right to vote, run for office, access information).

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Economic and Social Rights: Rights related to basic necessities and well-being (e.g., right to work, social security, property, education).

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Basic Principles of Human Rights:

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Inherent: Present from birth.

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Fundamental: Essential for a meaningful life.

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Inalienable: Cannot be taken away or transferred.

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Imprescriptible: Do not expire over time.

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Universal: Apply to everyone, everywhere.

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Interdependent: The realization of one right often depends on the realization of others.

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Equality: All individuals are entitled to their rights without discrimination.

B. Bill of Rights (Article III, 1987 Constitution of the Republic of the Philippines)

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Definition: A list of fundamental rights and freedoms guaranteed to individuals within a state, primarily protecting them against abuses by the government. It serves as a safeguard for individual liberties.

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Key Sections (Summary):

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Section 1: Due process and equal protection of the laws.

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Section 2: Right against unreasonable searches and seizures.

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Section 3: Inviolability of communication and correspondence; inadmissibility of illegally obtained evidence.

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Section 4: Freedom of speech, expression, the press, assembly, and petition.

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Section 5: Freedom of religion.

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Section 6: Liberty of abode and travel.

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Section 7: Right to information on matters of public concern.

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Section 8: Right to form unions, associations, or societies.

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Section 9: Right to just compensation for private property taken for public use.

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Section 10: Non-impairment of the obligation of contracts.

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Section 11: Free access to courts and adequate legal assistance.

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Section 12: Rights of a person under investigation.

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Section 13: Right to bail.

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Section 14: Rights of the accused in criminal prosecutions (due process, presumption of innocence, etc.).

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Section 15: Privilege of the writ of habeas corpus.

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Section 16: Right to speedy disposition of cases.

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Section 17: Right against self-incrimination.

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Section 18: Prohibition against detention solely for political beliefs and involuntary servitude.

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Section 19: Prohibition against excessive fines, cruel and unusual punishment, and limitations on the death penalty.

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Section 20: Prohibition against imprisonment for debt or non-payment of poll tax.

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Section 21: Right against double jeopardy.

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Section 22: Prohibition against ex post facto laws and bills of attainder.

C. International Humanitarian Law (IHL)

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Definition: A set of rules that seek to limit the effects of armed conflict for humanitarian reasons. It aims to protect persons who are not or are no longer participating in hostilities and to restrict the means and methods of warfare.

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General Objectives and Areas of Concern:

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"Geneva Law" or "Red Cross Law": Focuses on the protection of victims of armed conflict (e.g., wounded, sick, prisoners of war, civilians).

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"Hague Law": Focuses on the limitations on the means and methods of warfare (e.g., prohibited weapons, tactics).

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Essential Rules:

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Distinction: Parties to a conflict must always distinguish between civilians and combatants, and direct attacks only at military objectives.

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