MODULE 4

Civil and Political Rights- are the rights which the law will enforce at the instance of individual
without discrimination for the enjoyment of their lives, liberty and means of happiness.
 Example: The right to be free from arbitrary arrest and detention, freedom from
torture and right to life.
 Most of the rights are adopted in the Bill of Rights in the Philippines Constitution and
statutory legislation.
 It is origin from the American Bill of Right and the French Declaration commonly
known as “negative rights” as restrained upon the tyrannical government which is “no
one should be tortured” no one should deprived of the freedom of religion,
association and conscience. Life, property and liberty.
Right of Self- Determination- The international covenant of Civil and Political rights starts with
the right of all peoples of self- determination.
 The right of self-determination includes the right to freely determine their political
status and to pursue their economic, social and cultural development. ( Art.1 Sec.1)
 One of the major factors that promote friendly relations among nations. To promote
the observance of the said right, the General Assembly of the U.N adopted a
resolution granting independence colonialism.
 June 4, 1946- alien rule ended in the Phil. With the withdrawal of the sovereignty of
the U.S. The independence of the Phil.
 “the state shall pursue an independent foreign policy. In its relations with the other
states the paramount consideration shall be national sovereignty, territorial, integrity,
national interest, and the right to self-determination” (Art.2 Sec.7)
 Several other provisions of the Phil. Constitutions reserve Filipino citizens the
exploration, development and utilization of natural resources ( Art.12)
 The marines wealth in the archipelagic waters territorial sea and exclusive economic
zone is reserve exclusively for Filipino Citizens ( Art 12. Par.2)
Right to life, liberty and security- the most basic human rights from which other rights flow is
the right to life (Art. 3 of the Universal Declaration )
 The covenant on Civil and Political Rights states, that: Every human being has the
inherent right to life. This right shall be protected by the law. No one shall be
arbitrary deprived of his life” Art.6 (1)
 Art. 9(1) “everyone has the right liberty and security of person. No one shall be
subjected to arbitrary arrest or detention… established by the law.
 The Philippine constitution similarly provide: Art 3. Sec. 1 No one person shall
deprived of his life, liberty or property without due process of law…
Death Penalty
 The trend in the United Nations is to abolish death penalty even for heinous crimes as
shown in the Second Optional Protocol to covenant on civil and political rights.
  R.A 7659 imposing the death penalty for particular heinous crime, in the phil. Senate
refused to ratify the aforesaid protocol.
 R.A 8177 providing lethal injection in executing the death sentence.
 The Commission on Human Rights in opposing death penalty law, recommended the
ratification of the protocol, as it violates human rights.
 The Rome Statute of the international criminal court adopted 1998, imposes the
maximum of penalty of life imprisonment even heinous crimes.
 According to the Preamble of the second protocol of the covenant on C and P rights. “
the abolition of the death penalty contributes to the enhancement of human dignity
and progressive development human rights”
 The UDHR guarantees the right to lls of persons and that no one shall be subjected to
torture, cruel, inhuman or degrading treatment punishment. Art. 6 of the Political
covenant which PH ratified in 1986.
Admonition on Death Penalty
 In his Encylical, Evangelium Vitae ( Gospel of Life ), issued by Saint John Paul
II admonished that modern society now has all the means of effectively
suppressing all crimes by rendering criminals harmless w/o definitely denying
them the chance to reform.
 The imposition of death penalty in the Phil. Can no longer contain commission of
serious crimes exempt by killing the offender. Saint Ambrose said “god prepared the
correction rather than death of sinner…”
Euthanasia- Mercy Killing
 It means decision of a person who is terminally ill with little hope of recovering may
give his consent to a physician to terminate his life.
 A billed files by the Congress of the PH proposing legalize euthanasia, it was
opposed by the CHR as it constitutes assistance to the commission of suicide
penalized by Art. 253 of RPC.
Abortion
 Whether intentional or unintentional expulsion of the fetus from the woman’s womb
before the term of its visibility is another violation of right to life.
 The PH rejected the doctrine of laid down by the USSC in Roe vs. Wade, legalizing
the abortion committed by a woman at a certain stage of her pregnancy, on the ground
of her right to privacy.
 The PH Constitution guarantees the protection of the life of the unborn. Art.2 Sec. 12
of constitution.
 Legalizing abortion in the PH also contradicts Art. 256 and 257 of RPC.
Prohibition of Slavery has been