CONSTITUTIONAL LAW II , SAN BEOA MEMORY AID cole Generations of Human Rights: 1. First Generation of Human Rights ~ it covers civil and political rights; it favors the abstention, rather than intervention, of government in the ‘exercise of freedoms and in the quest of human dignity (1d. at 10) The International Covenant on Civil and Polltcal Rights (ICCPR) is the primary covenant which governs the first generation of human rights. It ‘was adopted by the Philippines on December 19, 1966 and was raed on October 23, 1988. While Articles 3 to 21 of the Universal Declaration of ‘Human Rights (UDHR) contains the catalogue of civil and political rights under the First Generation (of human rights (SARMIENTO, supra at 73). 2. Second Generation of Human Rights — it ‘covers esonomic, social, and cultural rights which ‘consist the fundamental claims to social equality The Intemational Covenant on Economic, Socal assisting a person to commit suicide, penalized under ‘Article 253 of the RPC (COQUIA, supra at 62). ‘Abortion refers to the expulsion of the fetus from the woman’s womb before the term of its viability. The constitution guarantees the protection of the unborn lnder ‘Article Il, Section 12 which provides that the State shall equally protect the life of the mother and the life of the unborn from conception (ld. at 62) ‘The Revised Penal Code punishes any person who ‘shall commit infanticide, intentional abortion, and Unintentional abortion (REVISED PENAL CODE, Arts. 255-257). Torture, Cruel, Inhuman or Degrading Treatment and Punishment ‘Any act by which severe pain or suffering, whether physical or mental, is intentionally inficted on a person for such purposes as obtaining from him or a {hira person information or a confession, punishing and Cultural Rights (ICESCR) is ‘act he or a third person has committed or ‘covenant of the ICCPR; itiielades the 1d of having committed, or intimidating or of the rohit to an adequate Senderd F wg, ¢soegpM fim or gtd person, or for any reason including the right to food, clothing and. (COQUIA, supra at 10). It was sept by te Philippines on December 19,. ratified on June 7, 1974. 3. Third Generation of Human collective ngnts as a product of decine of naton-States, such people to peace or the right environment (COQUIA, supra at 1H} Rights under the ist Ganson 5 Rights: 41. Right to Life, Liberty, and Security; Death Penalty ~ no person, not even the State authority, has the right to take the life of a person. The ‘Second Optional Protocol of the ICCPR appeals for ‘the abandonment of the death penalty even for heinous crimes (COQUIA, supra at 59). ‘The Phiippines signed the second optional protocol of ICCPR on September 20, 2006 and ratified it on November 20, 2007. Thus, the death penalty was Prohibited and was ‘replaced with either reclusion erpetua or life imprisonment (R.A. 9346, ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES, Sec. 2) Euthanasia ~ Euthanasia pertains to the decision of terminally il persons, with litle hope of recovery, to give his consent to a physician to terminate his life or to withdraw all fe support or medicine. This was hhaavily opposed by the CHR for it is ikened to 138 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS: ‘uated on diseripinstion of any kind, when such pain SLANG a plc y ore meget i oF acquiescence of a public oficial Gn acting in an_ official capacity AGAINST TORTURE, Art. 1; RA No. atigh are inadmissible as evidence because iearly, the right ofa prospective extradites to apply {or bal inthis jurisdiction must be viewed in the ight ‘of the various treaty obligations of the Philippines ‘concerning respect for the promotion and protection ‘of human rights. Under these teaties, the presumption lies in favor of human liberty. Thus, the Philippines should see to I thal the right to liberty of ‘every individual isnot impaired (Gov. of Hongkong v. Olalia, G.R. No. 153675, April 19, 2007). 5. Right to Compensation Due to Miscarriage of Justice; Under the 1987 Philippine Constitution, the CHR may recommend to the Congress effective measures 10 promote human rights and to provide for Compensation to victims of violations of human rights ‘or their families (CONST. Art. Xl, Sec. 18 (6).CONSTITUTIONAL LAW II SAN BEDA MEMORY AID 2018 This was echoed by RA No. 7309 creating the Board of Claims under The Department of Justice. It provides that any person wito was unjustly accused, ‘convicted, and imprisoned but subsequently released by vitue of a judgment of acquittal may file 2 claim ‘for compensation before the said Board (RA 7309, ‘Section 3(@). 6. Right to Privacy; 7. Freedom of Opinion and Expression; 8. Right of Access to Information; 9 Right to Peaceful Assembly for the Redress of Grievances; 10. Right to Suftrage; and 11, Freedom of Association (COQUIA, supra at 56- 100), Rights under the Second Generation of Human Rights: Social justice is neither communism, nor despotism, ‘nor atomism, nor anarchy, but the humanization of 10. Right of Students and Academic Freedom; and ‘Academic freedom of educational institutions. has ‘been defined as the right of the school or college to decide for itself, its aims and objectives, and how best, {o attain them ~ free from outside coercion or interference save possibly when the overriding public welfare calls for some restraint. It has a wide sphere. (of autonomy certainly extending to the choice of students (Garcia v. The Faculty Admission Committee, G.R. No. L-40779, Noveriber 28, 1975). The intornal conditions for academic freedom in a university are that the academic staff should have de facto control ofthe following functions: ‘a. The admission and examination of students; The curricula for courses of study; The appointment and tenure of office of academic staff; and 4d. The allocation of income among the diferent categories of expenditure (d.). laws and the equalization of social and nin Cultural Life and Benefits of : fe Progress 4 human person and all peoples Participate in, contribute to, and social, cutural and political develop hhuman rights and fundamental freed. realized (DECLARATION ON THE: DEVELOPMENT, Art.1). Right to Work Under Decent Living Right to Strike; Right to Social Security: Right to Religious Education and instruction; Right to Mary and Found a Family Right to an Adequate Standard of Living Right to High Standard of Physical and Mental Health; 8. Right to Education and Development of Human Personality; The Stato shall protect and promote the right of all citizens to quality education at allievels and shall take appropriate steps to make such education accessible toall (CONST. Art. XIV, Sec.) Education shall be directed tothe full development of the human personality and the sense of its dignity and shal strengthen the respect for human rights and fundamental freedoms (ICESCR Art. 13, Sec.1) es the rg of everyone to take Piarae te njy the bonet or sen i eopltalons, as wal ane {he mora_and’ mater! iret Many, erry or tats lore ste aur {COOUA supra 158 within a framework of security and stability, ‘Reutralty and freedom, such that all other rights can be fully realised. As such each state should continue to enhance friendship and cooperation in the furtherance of peace, harmony and stability (2012 ASEAN HUMAN RIGHTS DECLARATION, Soc. 38) 2. Right to Healthful Environment ‘The State shall protect and advance the right of th ‘people to a balanced and healthful ecology in accord with the shiythm and harmony of nature (CONST. Art. 1, Sec.16). Environmental protection is subsumed under international human rights law. However, the current {tend today propels the development of a separate field known as intemational_ environment law (SANTIAGO, Intemational Law (2018), p. 657). 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 1138