ETHICS: Module 6 Deciding What is Right (III) : Rights Based Ethics

Rights Based Ethics
Active
Passive
recognize
Conform

• The “Rights” philosophy

• The morality of an action depends on whether they _ and _ with the rights others rightfully deserve.

• Hindi enough yung recognize dapat may _.

• A_ rights

• P_ rights

Active rights
Privilege
Power

• The _ and the _ _ rights that concern their holders’ own action.

• Maeenjoy mo lang to kapag ginagawa mo.

• “Right to vote”

• A professor has an (_) privilege-right to choose how to conduct his examinations, as well as the grading therof.

Passive rights
Claim
immunity
Positive
Negative

• The _ and the _ are “_” that regulate the actions of others.

• Kahit wala kang ginagawa, naeenjoy mo siya.

• Right to privacy.

• A professor has a _ immunity-right that his university does not reprimand him for being too political.

• Interference:

  • P_

  • N_

• Involves another person.

Economic, Social, and Cultural Rights
Adequate food
Housing
Education
Health,
Social security,
Cultural life,
water and sanitation,
work
Demographic
Group
Economic
Social

• Include the rights to A_, H_, E_, H_, S_, take part in C_, W_ and S_, and W_.

• Depend on the _ that you have.

• Depend on the _ that you belong.

• Depend on you _ group, _ group.

Civil and Political rights
Life
Religion
Speech
Assembly
Electoral rights
Due process
Fair trial

• Include the rights to L_, freedom of R_, freedom of S_, freedom of A, E_, and right to D_ and a F_.

• They apply to everyone regardless of your demographic, sex, group, whatnot.

Human rights
Inherent
Race
Sex
Nationality
Ethnicity
Language
Religion
Human rights
Indivisible
impossible
Whelan

• Are rights _ to all human beings, regardless of R_, S_, N_, E_, L_, R_, or any other status.

• Everyone is entitled to these rights without discrimination.

• Since _ are _, the full

  realization of civil and political rights without the

  enjoyment of economic, social, and cultural

  rights is _ (_, 2010).

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Section I, Article III, 1987 Bill of Rights?

Procedural process
Substantive process

Due processes:

Procedural process
What process is due
When it is due
Degree of what is due.

• requires a determination of _, _, and _.

• Technicality

Substantive process
Fair
Reasonable
Just

• Requires that the law must be _, _, and _.

• Reason

Equal Protection Clause

• Applies only to persons or things that are identically situated and does not bar a reasonable classification of the subject of legislation and a classification is reasonable.

• Men and Women are not identically situated.

Plain View
Moving Vehicle
Airport search
Customs search
Waiver / Consented search
Stop and Frisk / Terry search
Search incidental to a lawful arrest
Emergency and exigent circumstances

Warrantless arrest: (P M A C W S S E)
SEARCH WARRANT

Right
Persons
Houses
Papers
Effects
Unreasonable searches and seizures
Inviolable
search warrant
warrant of arrest
Except
Probable cause
personally by the judge
Under oath or affirmation of the complainant
Particularly describing
Place
Searched
Persons
Things
Seized

Section 2, Article III, 1987 Philippine Constitution:

• The _ of the people to be secure in their _, _, _, and _ against _ of whatever nature and for any purpose shall be _,
  
  and no _ or _ shall issue
  
  except upon _ to be determined _ after examination _ and the witnesses he may produce, AND _ the _ to be _ and the _ or _ to be _.

privacy of communication
correspondence
inviolable
lawful order of the court
public safety
order requires
prescribed by law.

Evidence
violation
Preceding section
inadmissible
purpose
proceeding

Section 3, Article III, 1987 Philippine Constitution:

• (1) The _ and _ shall be _ except upon _, or when _ or _ otherwise as _.

• (2) Any _ obtained in _ of this or the _ shall be _ for any _ in any _.

Shall
Passed
Speech
Expression
Press
The right
The people peaceably
Assemble
Petition
Government
Redress
Grievances

Section 4, Article III, 1987 Philippine Constitution:

• No law _ be _ abridging the freedom of _, of _, or of the _, or _ of _ to _ and _ the _ for _ of _.

The Commission on Human Rights
Governments
State forces

• Like the United Nations and the UDHR, the _ was formed as a response to great horrors that were experienced (i.e., Martial Law).

• What the _ mainly considers as human rights violations are actions done by _ or _ that go against the bill of rights in the constitution.

It shall equally protect the life of the mother and the life of the unborn

Section 12, Article II, 1987 Philippine Constitution:

• The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. _ from conception. XXX

Marriage
permanent union
conjugal
family life
Foundation
Family
Inviolable social institution
Nature
Consequences
Incidents
Law
Stipulation

Article 1, Family Code of the Philippines:

• _ is a special contract of _ between a man and a woman entered into in accordance with law for the establishment of _ and _. It is the _ of the _ and an _ whose _, _, and _ are governed by _ and not subject to _,...

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Criminal Procedure
In flagrante delicto
Hot Pursuit
Escapee Arrest

Exceptions (Warrantless Arrests)
Section _, Rule _, Revised Rules on _

In Flagrante Delicto
Hot pursuit
Escapee arrest

Arrest Warrant Exemptions: (I H E)