Professional Documents
Culture Documents
1. Due Process
Human Rights - Law that hears before it condemns
- inherent to all human beings, - This clause in our fundamental
regardless of race, sex, nationality, charter means that no person shall
ethnicity, language, religion, or any be deprived of his life, liberty or
other status property unless due process is
- include the right to life and liberty, observed.
freedom from slavery and torture,
freedom of opinion and expression, 2. Equal Protection of the Law
the right to work and education, - This refers to equality in the
and many more enjoyment of similar rights and
privileges granted by law. Thus, no
Kinds of Rights reason shall be deprived of the
INNATE OR NATURAL RIGHTS same protection of laws enjoyed by
- John Locke, a famous English other persons in the same place and
Philosopher stated that “all in similar circumstance.
individuals are equal in the sense
that they are born with certain 3. Right against unreasonable
"inalienable" natural rights.” searches and seizures
Natural Rights - the right of the people to be secure
Life and Liberty in their persons, houses, papers and
Property and effects against unreasonable
ownership searches and seizures of whatever
Free will and choice nature and for any purpose should
Independent thought be inviolable and that no search
and speech warrant or warrant of arrest shall be
Socialization and issued except upon probable cause
relationships to be determined personally by
Personal beliefs and judge after examination under oath
values or affirmation of the complainant
and the witnesses he may produce,
Rights Mandated by Law and particularly describing the
place to be searched and the
CONSTITUTIONAL RIGHTS persons or things to be seized (Sec.
- Mandated, granted and protected by 2, Article 3)
the Constitution. - however, instances when search
- Outlined in a Constitution’s Bill of and seizure may be done without
Rights warrant (De Leon, 2003). When
- May be amended, change there is a waiver or consent, a
search and seizure can be still
CONSTITUTIONAL RIGHTS OF THE considered legal. A warrantless
FILIPINO CITIZENS arrest, however, may be made by
either private citizens or police freedom of speech, right to
officers when the person to be information. They are the rights
arrested is a prisoner who escaped enjoyed by an individual by virtue
from prison or person to be arrested of his citizenship in a shape or
has committed, is actually community.
committing or is attempting to
commit an offense. Economic Rights
- These are rights to property,
4. Freedom of Speech whether personal, real or
- No law shall be passed abridging intellectual. Some examples of
the freedom of speech, of these rights include the following:
expression, or of press, or the right right to use and dispose of his
of the people to peaceably assemble property, right to practice one’s
and petition the government for profession, and the right to make a
redress of grievances (Sec.4, living
Article III).
- This is however limited Social or Cultural Rights
the state can punish a person - Freedom to participate in living out
for speech encouraging one’s belief
people to engage in illegal - Includes the right to establish or
action or become disloyal join any organization and our right
to the State even if the to marry.
danger is quite remote Forcibly evicting people
government can punish a from their homes (the right
person for speech that to adequate housing)
presents a clear and Contaminating water, for
present a danger leading to example, with waste from
illegal acts State-owned facilities
(the right to health)
Statutory Rights Failure to ensure a minimum
- These are rights provided by the wage sufficient for a decent
law – making body of a country or living (rights at work)
by law, such as the right to receive Failure to prevent starvation
a minimum wage and the right to in all areas and communities
preliminary investigation. Ratified in the country (freedom
and approved by the Congress or from hunger)
law makers. Denying access to
information and services
Categories of Rights according to law related to sexual and
reproductive health (the
Civil Rights right to health)
- These are the rights specified under Systematically segregating
the Bill of Rights, such as the
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children with disabilities
from mainstream schools
(the right to education)
Failure to prevent employers
from discriminating in
recruitment (right to work)
Failure to provide for a
reasonable limitation of
working hours in the public
and private sector (rights at
work)
Political Rights
- These are rights an individual
enjoys as a consequence of being a
member of a body politic. Some
examples of political rights are the
following: right to vote, right to be
voted into public office
Right to vote
Right to be elected
Right to petition
Right to form political
parties
Right to criticize
gical or emotional
Structural or systematic
Forms of
Human
Rights
Violations