BASIC HUMAN RIGHTS

Presented by: Atty. Josefina I. Paredes Commission on Human Rights of the Philippines (CHRP), Region 7

What is Human Rights?
United Nations Definition: Those rights which are inherent in our nature without which we cannot live as human beings. CHRP Definition: defined as the supreme, inherent, and inalienable rights to life , to dignity and to self-development. It is the essence of these rights that makes us human.

Seven Characteristics of Human Rights
A. B. C. D. E. F. G. Inherent ± innate, natural, inborn. They are not granted by any authority; don¶t need any event for their existence. Fundamental ± basic, essential, primary; without it the life and dignity of man will be meaningless. Inalienable ± cannot be separated, transferred or taken away from an individual; it cannot be forfeited. *Universal ± human rights belong to all people regardless of their sex, race, color, language, national origin, age, class, religion or political belief. *Indivisible ± they cannot be divided and cannot be denied even when other rights have already been enjoyed. *Inter-related and *Interdependent ± they become sources of other rights. Imprescriptible ± no time limit.

Sources of Human Rights Law
a. b. c. d. e. f. g. h. i. *U.D.H.R. or Universal Declaration of Human Rights; *I.C.C.P.R. or International Covenant on Civil and Political Rights; *I.C.E.S.C.R. or International Covenant on Economic, Social, and Cultural Rights; International Convention on the Elimination of all forms of Racial Discrimination or C.E.R.D; C.E.D.A.W. or Convention on the Elimination of Discrimination Against Women; C.R.C. or Convention on the Rights of the Child; C.A.T. or Convention Against Torture and other cruel, inhuman or degrading treatment or punishment; 1987 Constitution; Other international and local laws.

Classification of Human Rights
1. Individual Rights ± those rights that are accorded to individuals. These are the Civil, Political, Economic, Social and Cultural rights. a.) Civil and Political rights ± the rights of citizens to liberty and equality (first generation rights). Ex. Right to life, right to privacy, rights of children, rights of minorities, freedom from slavery, freedom of movement, freedom from correspondence, rights of prisoners, right to travel, rights of accused persons, etc.

Classification ± cont.
b.) Economic, Social and Cultural Rights ± refer to the rights that entitle all persons, families and communities to live with dignity founded on their basic needs; Ex. Right to work, right to trade unions, right to health, right to education, right to culture, right to marry, right to have a family, right to social security, etc.

Classifications ± cont.
c. Collective Rights ± are rights of society that can be enjoyed only in company with others. Ex. Right to peaceably assemble.

Classification ± cont.
Natural or God-given rights ± they are unwritten but they prevail as norms of the society. Ex. Right to life, dignity and selfdevelopment. Constitutional rights ± based on the constitution Ex. Bill of Rights and other rights based on the constitution; Statutory rights ± promulgated by lawmaking body and may be abolished by the same body.

Classification: Accdg. to Struggle & Recognition
First Generation of Human rights ± it covers Civil and Political rights which derives from 17th and 18th centuries reformist theories; Second Generation of Human rights ± covers Economic, Social and Cultural rights which find their origin in socialist tradition; Third Generation of Human rights ± covers Collective rights.

* Fourth Generation Rights Developed through the peace keeping efforts and through the solidarity of the international community. Includes: Control of the manufacture and use of weapons of mass destruction (atomic bombs, chemical or biological warfare, the protection of the environment and the Right to development) ± collective rights

Classification: Accdg. to its Derogability
Non- derogable or Absolute rights- are those that cannot be suspended nor taken away nor restricted/limited even in extreme emergency and even if the government invokes national security. Ex. Right not to be deprived of life arbitrarily, the rights to freedom from torture, the right to be recognized as a person, and the right to freedom of thought or conscience. Derogable or Relative rights ± may be suspended or restricted or limited depending on the circumstances which call for the preservation of social life. Ex. Right to freely move may be limited through the imposition of curfew

Classification of Human Rights
Individual Rights ± are those rights being accorded to individuals. These are the Civil, Political, Social, Economic and Cultural rights: A. Civil and Political rights ± The rights of citizens to liberty and equality, Ex. Right to life, rights of children, right to privacy, freedom from slavery, freedom of opinion and expression, right to peaceful assembly, freedom of association, family and right to marry, rights of minorities, rights of accused persons, freedom of movement, etc. B. Economic, Social and Cultural Rights ± those that concern development, management of materials for the necessities of life and the preservation and development of cultural identity. Ex. Right to work, right of trade unions, right to social security, marriage and family rights, right to health, to education, to culture and science, to adequate standard of living, and right to enjoy just and favorable conditions of work, etc. C. Collective Rights ± are rights of society that can be enjoyed only in company with others. Ex. Right to peaceably assemble.

Levels of State Obligations
Obligation to Protect: > take steps to prohibit others from violating rights; > no measures which erode status of rights; > act to preclude further deprivation;

Levels of ± cont.
Obligation to Respect: > abstain from acts which violate individual integrity or freedom; > non-interference;

Levels of ± cont.
Obligation to Fulfill: > facilitate or promote ± create conditions for full realization; > provide ± when individuals are unable to realize rights.

END Thank you

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