MIDTERM TOPICS Flashcards
are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion or any other status.
HUMAN RIGHTS
include the right to life and freedom from slavery and torture, freedom of opinion and expression, the right to work and education
HUMAN RIGHTS
Our present understanding of human rights is built on _____, ______, ______, ______ that have existed since ancient times. However, it was out of the atrocities of the Second World War that the modern human rights movement was born, culminating in the adaptation of the Universal Declaration of Human Rights in 1948, Article 1 sets the tone for this historic- document “All human beings are born free and equal in dignity and rights”
Principles of Freedom, justice, equality and human dignity
However, it was out of the atrocities of the Second World War that the modern human rights movement was born, culminating in the adaptation of the Universal Declaration of Human Rights in 1948, Article 1 sets the tone for this historic- document that
“All human beings are born free and equal in dignity and rights”
are generally defined as those rights which are inherent in our in our nature and without which we cannot live as human beings
HUMAN RIGHTS
branch of public law that deals with the body of laws, rules, procedures and institutions designed to respect, promote and protect human rights at national, regional and international levels
HUMAN RIGHTS
writer of the book “The Rights of Man”
Jean Jacques Maritain
Constitution of all laws; highest law of the laws
PHILIPPINE CONSTITUTION
BASIC CHARACTERISTICS OF HUMAN RIGHTS
- INHERENT
- INDIVISIBLE, INTERDEPENDENT AND INTERRELATED
- UNIVERSAL
- IMPRESCRIPTIBLE
- INALIENABLE
this means that you cannot lose them, because they are linked to the very fact of Human existence, they are inherent to all human beings (it is within you)
HUMAN RIGHTS IS INHERENT
this means that different human rights are intrinsically connected and cannot be viewed in isolation from each other. The enjoyment of one right depends on the enjoyment of many other rights and no one right more important than the rest.
And AUDENYL IS THE BEST BECAUSE HE US THE SAVIOUR.
HUMAN RIGHTS ARE INDIVISIBLE, INTERDEPENDENT AND INTERRELATED
they apply to all people everywhere in the world and with no time limit
Human Rights are UNIVERSAL
means Human Rights cannot be lost even if the person fails to assert them. It does not expire even by long passage of time.
Human Rights are IMPRESCRIPTIBLE
means that Human Rights cannot be taken away from an individual nor be given away, transferred or forfeited.
Human Rights is INALIENABLE
OTHER CHARACTERISTICS OF HUMAN RIGHTS
- HUMAN RIGHTS ARE ESSENTIAL AND NECESSARY
- HUMAN RIGHTS LIMITS STATE POWER
means that Human Rights is important to uplift the moral of the people and necessary to fulfill the purpose of human life
HUMAN RIGHTS IS ESSENTIAL AND NECESSARY
duty bearers such as State Bears the duty to observe and respect Human Rights. Thus, they have to comply with the norms and standards set by the law and international human rights law.
Human Rights LIMITS STATE POWER
CLASSIFICATION OF HUMAN RIGHTS
- ACCORDING TO SOURCE
- ACCORDING TO RECIPIENT
- ACCORDING TO ASPECT OF LIFE
- ACCORDING TO STRUGGLE FOR RECOGNITION
ACCORDING TO SOURCE
- natural rights
- constitutional rights
- statutory rights
ACCORDING TO RECIPIENT
- individual rights
- collective or group rights
ACCORDING TO ASPECT OF LIFE
- civil rights
- political rights
- economic rights
- social rights
- cultural rights
ACCORDING TO STRUGGLE FOR RECOGNITION
- first generation rights
- second generation rights
- third generation rights
- based on one’s dignity as Human person
NATURAL RIGHTS
-Unwritten God given rights, in the existence of man even if there were no established rules and regulations (it is entwined with you)
NATURAL RIGHTS
-outlined in the Constitution’s Bill of Rights
- can only be repealed by legislation
CONSTITUTIONAL RIGHTS
-as provided for by law
☆ rights reflected in Republic Acts, Presidential Decrees and other laws promulgated by any law-making body
STATUTORY RIGHTS
-rights applicable to individual (exclusive to one person only)
example: right to life, right to liberty
INDIVIDUAL RIGHT
-rights that can be enjoyed only in the company with others
example: right to environment, right to peaceably assemble, right to cultural preservation (AETA)
COLLECTIVE / GROUP / SOLITARY RIGHTS
-rights enjoyed by individuals to undertake the everyday business of life
example: right to self-expression, right to marry, right to religion
CIVIL RIGHTS
- it pertains to individuals participation in the government (either directly or indirectly)
example: right to suffrage (vote)
POLITICAL RIGHTS
- these are privileges that individuals and communities required to have a decent life
example: right to adequate food, right to adequate housing, right to education, right to health
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
encompasses an individual’s civil and political rights
FIRST GENERATION OF RIGHTS
encompasses socio-economic rights
SECOND GENERATION OF RIGHTS
encompasses broad class rights such as rights of indigenous people and religious minorities
THIRD GENERATION OF RIGHTS
are the aggregate of privileges, claims, benefits, entitlements and mural guarantees that pertain to man because of his humanity
HUMAN RIGHTS
wrote that HUMAN RIGHTS are regarded as a system of valves or elements which are inherent to human dignity.
CHILEAN LAWYER JOSE ZALAQUENT
In his book ______ French Philosopher Jean Jacques, Maritain stressed why man has rights. “The human person” said “possesses rights because of the very fact that it is a person, a whole master of itself, and of it’s acts and which consequently is not merely a means to an end, but an end which must be treated as such”
The Rights of Man
SOME THEORIES ADVANCED AS THE SOURCES OF HUMAN RIGHTS
- RELIGIOUS THEOLOGICAL APPROACH
- NATURAL LAW
- POSITIVIST
- MARXIST
5.FUNCTIONAL/SOCIOLOGICAL APPROACH - UTILITARIAN THEORY
- THEORY BASED ON JUSTICE
- THEORY BASED ON EQUALITY AND RESPECT
- THEORY BASED ON THE DIGNITY OF MAN
-doctrine of a Supreme Being, the creator, the Father of all Humanity. Central is the concept of the dignity of man as a consequence of human rights and therefore the rights are universal, inalienable and cannot be denied by mortal beings (men)
RELIGIOUS THEOLOGICAL APPROACH
- the conduct of men must always conform to the law of nature and this theory & detached from religion. The natural characteristics of human beings are the social impulse to live peacefully and in harmony with others and whatever conformed to the nature of men was right and just. Whatever is disturbing to social harmony is wrong and unjust
NATURAL LAW
-states that all rights and authority come from the state and what officials have promulgated, that rights are enjoyed if recognized and protected by legislation promulgated by the State
POSITIVIST
The Legislative Branch will delegate their powers to the
MAYOR, BARANGAY (LGU)
-emphasizes the interest of society over an individual’s interest- communism
MARXIST
-human rights exists as a mean of social control, that human rights exist to serve the social interest of society.
FUNCTIONAL/SOCIOLOGICAL APPROACH
-this approach was developed in the early 20th century when there were demands for a variety of wants, as help for the unemployed (walang work), handicapped (ngo ngo), unprivileged (poor people), minorities (under age) and other disadvantage groups
FUNCTIONAL/SOCIOLOGICAL APPROACH
- principle that requires governments to maximize the total net sum of citizens
- It emphasizes that an individual cannot be more important than the entire group.
- an act is good only when it takes into consideration the interests of the society and tends to augment the happiness of the entire community
UTILITARIAN THEORY
-each person has equal rights to the whole system of liberties. The general conception of justice is one of fairness and those social primary goods such as opportunity, income and wealth and self-respect are to be distributed equally
THEORY BASED ON JUSTICE
- government must treat all their citizens equally, and must intervene in order to advance the general welfare.
THEORY BASED ON EQUALITY AND RESPECT
this theory proceeds on the premise that human rights means sharing values of all identified policies upon which human rights depend on.
THEORY BASED ON THE DIGNITY OF MAN
-The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values.
-All available resources are utilized to the maximum and the protection of human dignity is recognized.
-This is better referred to as policy science approach
THEORY BASED ON THE DIGNITY OF MAN
The first generation is known as the
first generation of civil and political rights
The second generation is known as the
second generation of economic social and cultural rights
The third generation is known as the
third generation of solidarity rights or collective rights.
include the ensuring of peoples’ physical and mental integrity, rights like right to life and safety, protection from discrimination on grounds such as race, gender, nationality, color, political affiliation, ethnicity, religion, sexual orientation, disability, and individual rights such as privacy and different freedoms like the freedoms of thought, speech, occupational, religion, assembly, forming institutions and movement.
CIVIL RIGHTS
include the rights that involve the participation of people in the establishment or administration of a government or any other authority, and are usually held to entitle a citizen to exercise his rights related to governance of the state(like right to vote) and other political activities
Example: SANGGUNIANG KABATAAN
POLITICAL RIGHTS
Some of the historical foundations of The First Generation of human rights in chronological order:
- The Magna Carta in 1215.
- Petition of rights in 1628.
- The Bill of Rights (Declaration of Rights) in 1689, England
- The American Declaration of Independence in 1776
- The French Declaration of Human and Citizen Rights in 1789.
- Universal Declaration of Human Rights in 1948 UDHR
- The International Covenant on Civil and Political Rights in 1966. (Came into force on 23rd March 1976) ICCPR
meaning “The Great Charter”, it looks like a plain, unassuming piece of parchment but it is one of the important most famous documents in the world. It has inspired people across the centuries from Thomas Jefferson to Mahatma Gandhi.
Magna Carta
Medieval England, in the year 1215, the ruler is _____ was one of the worst kings in history. He imprisoned his former wife, starved his opponents to death, allegedly murdered his own nephew, and bulled the beards of the Irish Chiefs.
KING JOHN
had imposed heavy taxes on his barons in order to pay for his expensive foreign wars. If they refused to pay, he punished them severely or seized their property. The barons demanded that King John obey the law; when he refused, they captured London and John was forced to negotiate.
KING JOHN
become a powerful symbol of liberty around the world.
Magna Carta
The most famous clause, which is still part of the law today, for the first time gave all freemen the
right to justice and fair trial
When King John died of ______ in 1216, nine year old Henry III took to the throne. To keep the peace, Magna Carta was reissued several times during the 13th century until it was finally made part of English Law.
DYSENTERY
- The Petition of Right of 1628 contained four main points:
- No quartering of soldiers in citizens homes.
- No martial law may be used in peacetime.
- No taxes could be levied without Parliament’s consent.
- No English subject could be imprisoned without cause - thus reinforcing the right of habeas corpus.
Magna carta has lived on for ____ yrs and is echoed in the United States Declaration of Independence and the Universal Declaration of Human Right 1948.
800
- The main purpose of the act was simply to declare various practices of James II illegal. Among such practices proscribed were the royal prerogative of doing away with the law in certain cases and at the king’s will, the complete suspension of laws without the consent of Parliament, and the manipulation of taxes and the maintenance of a standing army in peacetime without parliamentary authorization.
THE BILL OF RIGHTS (DECLARATION OF RIGHTS) IN 1689, ENGLAND
-A number of clauses sought to eliminate royal interference in parliamentary matters, stressing that elections must be free and that members must have complete freedom of speech. Certain forms of interference in the course of justice were also proscribed.
THE BILL OF RIGHTS (DECLARATION OF RIGHTS) IN 1689, ENGLAND
THE AMERICAN DECLARATION OF INDEPENDENCE IN 1776
stressed two themes:
individual rights and the right of revolution
Philosophically, the Declaration stressed two themes: individual rights and the right of revolution. These ideas became widely held by Americans and spread internationally as well, influencing in particular the French Revolution.
THE AMERICAN DECLARATION OF INDEPENDENCE IN 1776
is a document that outlines the rights and freedoms to which all citizens are entitled. It serves as a cornerstone of the principles of liberty, equality, and fraternity that characterized the Revolution.
THE FRENCH DECLARATION OF HUMAN AND CITIZEN RIGHTS IN 1789
The Declaration of Independence states that The Declaration of Independence states that ____________
And in this way the declaration’s objective was to provide every man with equal rights so as to provide everyone with an equal status in the society and dignified life.
“all men are created equal… [and] are endowed by their Creator with certain unalienable Rights.”
The Declaration states that all men are born and remain free and equal in rights. These rights include the freedom of speech and religion, the right to own property, and the protection of law.
The Declaration also asserts that the purpose of government is to protect the natural rights of its citizens and that any government that fails to do so is illegitimate.
THE FRENCH DECLARATION OF HUMAN AND CITIZEN RIGHTS IN 1789
The Declaration further specifies that the law should be the same for everyone, regardless of status or social class, It asserts that everyone has the right to participate in the formation of the law, either directly or through elected representatives.
It also provides that taxes should be levied only with the consent of the people, and that the law should provide for the defense and the general welfare of society.
THE FRENCH DECLARATION OF HUMAN AND CITIZEN RIGHTS IN 1789
The Declaration also emphasizes the importance of individual liberty, stating that no one should be arrested or except in cases specified by law, and that everyone has the right to a fair trial.
It also establishes the principle of equality before the law, stating that everyone is equal in the eyes of the law, regardless of social status or wealth.
THE FRENCH DECLARATION OF HUMAN AND CITIZEN RIGHTS IN 1789
is a that outlines the basic rights and freedoms to which all citizens are entitled. It asserts the principles of liberty, equality, and fraternity, and provides for the protection of individual rights and the welfare of society as a whole. It serves as a cornerstone of the French Revolution and continues to be an influential document in the world today.
THE FRENCH DECLARATION OF HUMAN AND CITIZEN RIGHTS IN 1789
was formed with the end of the second world war, with the objective of maintaining peace and preventing another world war. During the second World War, the Allies adopted the following Four Freedoms freedom of speech and expression, freedom of religion, freedom from fear, and freedom from want-as their basic war aims.
United Nations
When the ______ was drafted in 1948, some of the principles behind these freedoms were taken into consideration. The United Nations Charter “reaffirmed faith in fundamental human rights, and dignity and worth of the human person” and committed all member states to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”.
UNIVERSAL DECLARATION OF HUMAN RIGHTS IN 1948 (UDHR)
came into force on 23rd March 1976
THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS IN 1966
is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and it came in force from 23 March, 1976, in accordance with Article 49 of the covenant.
THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS IN 1966
The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS IN 1966
THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS IN 1966 mentioned in the covenant are
Article 12-Freedom of movement and choice of residence for lawful residents
Article 13-Rights of aliens.
Article 14-Equality before the courts and tribunals. Right to a fair trial.
Article 15-No one can be guilty of an act of a criminal offence which did not constitute a criminal offence.
Article 16-Right to recognition as a person before the law.
Article 17-Freedom from arbitrary or unlawful interference.
Article 18-Right to freedom of thought, conscience and religion.
Article 19-Right to hold opinions without interference.
Article 20-Propaganda for war shall be prohibited by law.
Article 21-Right of peaceful assembly.
Article 22-Right to freedom of association with others.
Article 23-Right to marry.
Article 24-Children’s rights
Article 25-Right to political participation.
Article 26-Equality before the law.
Article 27-Minority protection
THREE GENERATIONS OF HUMAN RIGHTS
- FIRST-GENERATION HUMAN RIGHTS
- SECOND-GENERATION HUMAN RIGHTS
- THIRD-GENERATION HUMAN RIGHTS
______ allowed that the covenant will enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession.
ARTICLE 49
ARTICLE
12-
13-
14-
15-
16-
17-
18-
19-
20-
21-
22-
23-
24-
25-
26-
27-
Article 12-Freedom of movement and choice of residence for lawful residents
Article 13-Rights of aliens.
Article 14-Equality before the courts and tribunals. Right to a fair trial.
Article 15-No one can be guilty of an act of a criminal offence which did not constitute a criminal offence.
Article 16-Right to recognition as a person before the law.
Article 17-Freedom from arbitrary or unlawful interference.
Article 18-Right to freedom of thought, conscience and religion.
Article 19-Right to hold opinions without interference.
Article 20-Propaganda for war shall be prohibited by law.
Article 21-Right of peaceful assembly.
Article 22-Right to freedom of association with others.
Article 23-Right to marry.
Article 24-Children’s rights
Article 25-Right to political participation.
Article 26-Equality before the law.
Article 27-Minority protection
gradually evolved over centuries during the long development of democratic society and serve as a protection of the individuals from the arbitrary exercise of police power.
first generation of rights
often called “blue” rights, which are rights of individuals against the state such as civil and political rights. They are fundamentally civil and political in nature: They serve negatively to protect the individual from excesses of the state.
First-generation human rights
This generation of subjective rights is the generation of civil and political rights acquired through the force of writing and of arms.
First-generation human rights
started to be recognized when people realized that possession of the first generation of liberty rights would be valueless without the enjoyment of economic, social, and cultural nights
second generation of rights
The second generation of economic, social, and cultural rights is also known as the
second generation of equality rights
are related to equality and began to be recognized by governments after World War II. They are fundamentally economic, social, and cultural in nature. They guarantee different members of the citizenry equal conditions and treatment.
Second-generation human rights
would include a right to be employed in just and favorable condition, rights to food, housing and health care, as well as social security and unemployment benefits.
Second-generation human rights
Like first-generation rights, they were also covered by the Universal Declaration of Human Rights, and further embodied in Articles 22 to 28 of the Universal Declaration, and the International Covenant on Economic, Social, and Cultural Rights
Second-generation human rights
In the United States of America, he proposed a Second Bill of Rights, covering much the same grounds, during his State of the Union Address on January 11, 1944.
President Franklin D. Roosevelt
INTERNATIONAL BILL OF RIGHTS COLLECTIVE NAME FOR THE UDHR AND TWO OTHER HUMAN RIGHT TREATIES (IICCPR and ICESCR)
A. 1948 UNIVERSAL DECLARATION OF HUMAN RIGHTS
b. 1966 International Covenant on Civil and Political Rights
C. 1966 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
D. 1987 PHILIPPINE CONSTITUTION
1966 International Covenant on Civil and Political Rights protocols
- JURISDICTION OF HUMAN RIGHTS COMMITTEE TO RECEIVE AND CONSIDER COMMUNICATIONS FROM THOSE WHO ARE VICTIMS OF HUMAN RIGHTS VIOLATION.
- ABOLITION OF DEATH PENALTY
- is not a treaty but has evolved into general principles of international law.
-Contains a preamble and 30 articles.
1948 UNIVERSAL DECLARATION OF HUMAN RIGHTS
agreement between countries on a certain matters
Treaty
suspended Death Penalty in PH
GLORIA MACAPAGAL ARROYO
-Contains the Preamble
-Article II which stipulates the State’s principle of adhering to human rights and international laws promoting the same (focused on incorporation laws) and Article III which constitutes the Bill of Rights
1987 PHILIPPINE CONSTITUTION
CLASSIFICATION OF HUMAN RIGHTS
- FIRST GENERATION OF RIGHTS
- SECOND GENERATION OF RIGHTS
- THIRD GENERATION OF RIGHTS
-a.k.a “POLITICAL RIGHTS AND CIVIL LIBERTIES”
FIRST GENERATION OF RIGHTS
-Prohibition against searches and seizures, undue intervention to freedom of expression
FIRST GENERATION OF RIGHTS
-Rights expressed in the “negative”.
FIRST GENERATION OF RIGHTS
RIGHTS OF FIRST GENERATION OF RIGHTS
A. RIGHT TO LIFE
B. FREEDOM AGAINST TORTURE AND INHUMANE PRISON CONDITIONS
C. EQUALITY BEFORE THE LAW
D. RIGHT TO LIBERTY, FREEDOM FROM ARBITRARY DETENTION
E. FREEDOM AGAINST SLAVERY
F. FREEDOM OF MOVEMENT
G. RIGHT TO SECURITY
Article 6 -Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
RIGHT TO LIFE ICCPR (INTERNATIONAL CONVENTION ON CIVIL AND POLITICAL RIGHTS)
Article 7- “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”
FREEDOM AGAINST TORTURE AND INHUMAN PRISON CONDITIONS ICCPR
Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life
Article 6
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”
Article 7
which stipulates the State’s principle of adhering to human rights and international laws promoting the same (focused on incorporation laws)
Article II
which constitutes the Bill of Rights
Article III
- 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 1, Article III
Article 26, ICCPR.- All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
EQUITY BEFORE THE LAW
Article 8, ICCPR - 1. No one shall be held in slavery, slavery and the slave trade in all their forms shall be prohibited.
RIGHT TO LIBERTY, FREEDOM FROM ARBITRARY ARREST
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 26, ICCPR
- No one shall be held in slavery, slavery and the slave trade in all their forms shall be prohibited.
- No one shall be held in servitude
Article 8, ICCPR
- unlawful arrest
ARBITRARY ARREST
- No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.
Article 11, ICCPR
(which literally means to “produce the body”) is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person’s detention.
WRIT OF HABEAS CORPUS
WARRANTLESS ARRESTS RULE 113 SEC. 5 (ARREST WITHOUT WARRANT; WHEN LAWFUL)
☆ WHEN, IN HIS PRESENCE, THE PERSON TO BE ARRESTED HAS COMMITTED, IS ACTUALLY COMMITTING, OR IS ATTEMPTING TO COMMIT AN OFFENSE;
☆ WHEN AN OFFENSE HAS JUST BEEN COMMITTED AND HE HAS PROBABLE CAUSE TO BELIEVE BASED ON PERSONAL KNOWLEDGE OF FACTS OR CIRCUMSTANCES THAT THE PERSON TO BE ARRESTED HAS COMMITTED IT; AND
☆ WHEN THE PERSON TO BE ARRESTED IS A PRISONER WHO HAS ESCAPED FROM A PENAL ESTABLISHMENT OR PLACE WHERE HE IS SERVING FINAL JUDGMENT OR IS TEMPORARILY CONFINED WHILE HIS CASE IS PENDING, OR HAS ESCAPED WHILE BEING TRANSFERRED FROM ONE CONFINEMENT TO ANOTHER.
- Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
ARTICLE 9, ICCPR
release of the body of the person that was illegally detained
WRIT OF HABEAS CORPUS
- Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
ARTICLE 9, ICCPR
- Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
ARTICLE 9, ICCPR
- Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
ARTICLE 9, ICCPR
- Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
ARTICLE 9, ICCPR
Article 8. 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
FREEDOM AGAINST SLAVERY
- No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
- No one shall be held in servitude.
Article 8
Article 12. 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. No one shall be arbitrarily deprived of the right to enter his own country.
FREEDOM OF MOVEMENT ICCPR
- Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
- Everyone shall be free to leave any country, including his own.
- No one shall be arbitrarily deprived of the right to enter his own country.
Article 12
- The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law
1987 CONSTITUTION, ARTICLE III, SECTION 6
Article 17. 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.
2. Everyone has the night to the protection of the law against such interference and attacks.
RIGHT TO SECURITY ICCPR
- No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.
- Everyone has the night to the protection of the law against such interference and attacks.
Article 17
A search warrant may be issued for the search and seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense.
-The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized
1987 Constitution, Article III, Section 2
WARRANTLESS SEARCHES; VALID WAIVER
- PEOPLE VS. OMAWENG, 213 SCRA 462
- VEROY VS. LAYAGUE, 210 SCRA 97
- LOPEZ VS. COMM. OF CUSTOMS, 68 SCRA 320
The consent to check if there were rebels inside the house was not consent to conduct a room to room search.
VEROY VS. LAYAGUE, 210 SCRA 97
The Court held that a person who consented to the search of his vehicle cannot thereafter complain that he was illegally searched.
PEOPLE VS. OMAWENG, 213 SCRA 462
SCRA MEANING
SUPREME COURT REPORTS ANNOTATED
the consent of a “manicurist by profession who was as the time, in the hotel room, was a valid waver that authorized the search of the hotel room.
LOPEZ VS. COMM. OF CUSTOMS, 68 SCRA 320
-A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.
SEC. 13. SEARCH INCIDENT TO LAWFUL ARREST
The search of a suspicious looking pouch on the waist of Malmstedt was valid considering that there was probable cause to arrest him. The Court also held that the search of the two bags under the control of Malmstedt was an incident to a lawful arrest.
PEOPLE V. MALMSTEDT, 198 SCRA 401
A search at a checkpoint that was set up as a result of months of surveillance and intelligence information and done contemporaneously with a valid warrantless arrest is a valid search
PEOPLE VS. LIBNAO, ET AL, GR. NO. 136860, JANUARY 20, 2003
of a law enforcement officer who has a (2) right to be in the position to have the view are subject to seizure and may be presented in evidence.
PLAIN VIEW
The Court held that when Padilla raised his hand and thereby exposed the handgun tucked in his waist, the gun was a plain view of the officers and may be seized. Same is true of the armalite magazine in his pocket, as well as the baby armalite which was in plain view when Padilla opened his vehicle.
PADILLA V. CA, 269 SCRA 402
ELEMENTS OF PLAIN VIEW
- A previous valid intrusion (legal yung pagpasok)
- Evidence is inadvertently discovered (nadiscover lang, walang ginawa)
- Evidence is apparently illegal
- Seizure of the item without further search (walang kang ginalaw, nakita lang)
rights involving participation directly or indirectly in the government (right to vote, right to life, liberty, property, privacy, free from intrusion)
CIVIL RIGHTS
rights enable to participate in the running of the affairs of the government
POLITICAL RIGHTS
is a regular fixture in all Philippine Constitution, except in the Biak-na-Bato Constitution of 1897.
BILL OF RIGHTS
In the 1935 Constitution, the 1973 Constitution and the 1986 Freedom Constitution, it was called
Bill of Rights
In the 1943 Constitution, it was called
Duties and Rights of the Citizen
in the 1899 Malolos Constitution, it was called
The Filipinos and Their National and Individual Rights
It is ______ in the 1987 Constitution.
Bill of Rights
is an enumeration of civil and political rights that are self-executing (no need of implementing legislation) and serves as a restriction upon the powers of the State. Government, in order to preserve constitutional harmony and stability has to honor and respect these rights while exercising its fundamental powers like police power, eminent domain, and taxation.
BILL OF RIGHTS
“What the Bill of Rights does,” “is to declare some forbidden zones in the private sphere inaccessible to any power holder” wrote by
Fr. Joaquin Bernas, S.J.,
recognized, among others, the right of the subjects to petition the king, the free election of members of Parliament, the freedom of speech and debates in Parliament, the prohibition against excessive bail and excessive fines and the non-infliction of cruel and unusual punishment.
Bill of Rights of 1689
The Bill of Rights in the 1987 Constitution traces its beginning to __________ that later on became known as ___________
- Britain’s 1689 Declaration of Rights
- Bill of Rights of 1689
The Bill of Rights of 1689 influenced the Inclusion of ____ and finally the introduction of the first 10 amendments to the US
Bill of Rights in the State Constitutions of Massachusetts, New Jersey, and Virgina
Constitution which are now known as the
Bill of Rights of 1791.
-This is the first substantive agreement signed by the Negotiating Panels of the Government of the Republic of the Philippines and the National Democratic Front (NDF) on March 16, 1998 in The Hague, The Netherlands. It took many years of peace talks between the two Panels at various venues at The Netherlands and of consultations with their principals before the draft was completed and signed.
COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW
☆ it sets rules which seeks humanitarian reasons to limit the effects of armed conflicts.
☆ It protects person who are no longer participating in those facilities and restrict them in means and methods of war fair.
☆ It deals with the rights of every individual if there is conflict of laws so the impact of the conflict will not affect that much on the populace
INTERNATIONAL HUMANITARIAN LAW
COMPREHENSIVE AGREEMENT CONSISTS OF SEVEN PARTS
(1) the Preamble
(2) Declaration of Principles;
(3) Bases, Scope, and Applicability;
(4) Respect for Human Rights;
(5) Respect for International Humanitarian Law;
(6) Joint Monitoring Committee; and
(7) Final Provisions.
which introduces the Agreement and articulates the reasons for and the intention of the parties in entering into the Agreement;
Preamble
The three principles of human rights, namely, ___________________________ are enunciated in the agreement through numerous rights like the right of the people to oppose oppression and tyranny; the right of the victims and their families to adequate compensation and indemnification, restitution, and rehabilitation; the right to effective sanctions and guarantees against repetition of human fights violations and impunity; the right against summary executions (salvaging) and involuntary disappearances (nawawala);
UNIVERSALITY, INDIVISIBILITY, AND INTERDEPENDENCE
ARTICLE 3 TO ARTICLE 21 OF THE DECLARATION contains the catalogue of civil and political rights of the first generation. These are the right to life, liberty, and security; freedom from slavery and servitude; freedom from torture and inhuman treatment or punishment; the right to recognition as a person before the law; freedom from arbitrary arrest, detention or exile; the right to equal protection of the law; the right to an effective remedy; the right to a fair trial; the right to privacy; freedom of movement and residence; the right to nationality; freedom of thought, conscience and religion; freedom of opinion and expression; freedom of assembly and association; the right to property; the right to participate in government, etc
UNIVERSAL DECLARATION OF HUMAN RIGHTS
contains the catalogue of civil and political rights of the first generation.
ARTICLE 3 TO ARTICLE 21 OF THE DECLARATION
-This Covenant was adopted unanimously by 106 States and entered into force in 1976.
-It is divided into a Preamble and six parts.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)
contain the international monitoring provisions, some principles of interpretation and final clauses CNowak, 1999, pp. 84- 85).
Parts IV to VI (Articles 28 to 53)
contain all substantive rights and some general provisions like prohibition of discrimination and misuse, gender equality, a derogations and a savings clause.
Parts I to III (Articles 1 to 27)
- became part of social Justice and human rights in The 1987 Constitution
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
(SECOND GENERATION OF RIGHTS)
is an innovation in the 1987 Constitution. It is not found in previous Philippine Constitutions. It contains a rich inventory of economic, social and cultural rights like rights of all workers to self-organization, collective bargaining, and negotiations, and peaceful concerted activities; right to security of tenure (hindi basta matatanggal sa work unless may profound evidence), human conditions of work, and a living wage; right to agrarian and natural resources reform; right to urban land reform and housing, right to health; and right of working women by providing them safe and healthful working conditions.
Article on Social Justice and Human Rights
is not defined in the 1987 Constitution
SOCIAL JUSTICE
Chairperson of the Committee on Social Justice in the 1986 Constitutional Commission, said that social justice is the centerpiece of the 1987 Constitution and rights, dignity, and participation remain illusory without social justice.
Commissioner Teresa Nieva
who defined social justice as “neither communism nor despotism, not atomism, nor anarchy, but the humanization of plans and the equalization of social and economic forces by the State so that justice or in its rational and objectively secular conception may at least be approximated…
Calalang v. Williams
is not only a repository of the first generation of rights but also of the second generation of rights
Universal Declaration of Human Rights
enumerates these rights as the right to social security, the right to work, the right to rest and leisure, the right to an adequate standard of living, the right to education and the right to participate in the cultural life (CDrzewicki, 1997 p. 73).
Articles 22 to 27
in the Declaration has served as an inspirational tool for regional human rights instruments and national constitutions
second generation of rights
protects the right to work in Article 15, the right to health in Article 16, and the right to education in Article 17
African Charter on Human and People’s Rights
recognizes right to work, to favorable working conditions, the right to join trade unions and to take collective labor in Articles 1 to 10, the right to health in Article 11, the right to social security including the right to medical assistance and right to social welfare services in Articles 12 to 14.
European Social Charter
-This Covenant is the sister covenant of the International Covenant on Civil and Political Rights. The two sister covenants were adopted unanimously by 106 States (including the PH)
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
consists of 31 Articles contained in six sections: the Preamble and Parts I to V.
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
The meat of the Covenant is found in Part III that lists the rights to be protected.
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
international instruments affirm these rights mentioned in the Covenant
- International Convention on the Rights of the Child (Articles 24-31);
- the Convention on the Elimination of All Forms of Discrimination Against Women (Article 1) and
- certain instruments of the International Labor Organization
is given to economic, social and cultural rights in the African Charter on Human and People’s Rights and in the European Social Charter (ESC) (p. 104).
RECOGNITION
