THERAPEUTIC

MODALITIES
Laws on Human Rights
 Learning Objectives
1. Gain Some knowledge about the General nature and
definition of Human Rights
2 Familiarize on the source and foundation of Human
Rights
3. Understand the meaning and concept of civil and
political rights
 Basic Characteristic of Human Rights

• 1. Inherent – not granted by any person or authority

• 2. Fundamental – without them , the life and dignity of a man will be
meaningless
• 3. Inalienable – Cannot be taken and given away or forfeited
• 4. Imprescriptible – Cannot be lost even it is not use
• 5. Indivisible –Cannot be denied even have already enjoyed
• 6. Universal – No Boarder
• 7. Interdependent – The fulfilment or exercise of one be had without
the realization of the other
 Source and Foundation of Human Rights

• 1. The 1987 Constitution

• 2. The Biak and Bato ( Signed by Aguinaldo and
Spanish General Fernando Primo
• 3. National Human Rights Commission
• 4. Human Rights Constitution
 What are some Human Rights

• 1. Freedom to speech
• 2. Freedom of Religion
• 3. Freedom to assembly
• 4. Freedom to Petition
• 5. Freedom of Press
• 6. Freedom for self discrimination
• 7. Freedom to life
• 8. Rights of equality
• 9 Freedom from torture
• 10. Freedom from slavery
11. Right of liberty and security of person
12. Right to be traded with humanly while in prison
13 Freedom of Movement
 What is Bill of Rights
1. Right of Individual
a. Right to vote
b. Right to have trial
c. Right to have Lawyer
d. Right to Bail
e. Right to peaceful assembly
f. Right to equality
g Right of protection
h, Right to due process of law
j Right of privacy
k. Freedom of speech
 Classification of Rights

• 1. Natural Rights – God given rights , Unwritten

• a) Right to Life
• b) Right of liberty
• c ) Right of security
• d) Right of Property
• 2. Constitutional Rights – Rights under our Constitution
• 3. Statutory Rights – Rights provided by Law promulgated by law making
body .
• A) Miranda Rights
• b) RA 7438
 Right of Person Under Custodial
Investigation
• A. Section 12 Article II of 1987 Constitution
• - Any person under custodial investigation for an offense
shall have the right
• 1. Remain Silent
• 2. To have competent and independent counsel provably his /her
own choice , if person cannot afford the services of an counsel
, he must be provided with one .
• 3. These right cannot be waived except in writing and in the
presence of counsel
 Miranda Rights

• Miranda Rights came from US case Miranda vs Arizona . 16 l. ed 2d 694

which US Supreme Court laid down the principle of custodial rights of an
accused
• The Miranda rights must be relay on a dialect personally understand by
the accused
• Miranda Rights
• The right to be informed of his/her rights
 Miranda Rights
The right to remain silent and to be reminded that anything to say can and will be
used against him
The Right to an attorney or to counsel , preferably of his own choice : if not one be
provided for him
- This is to protecting him/her against torture , violence , threat , intimidation, or
any other means which impair the free will of the person
- Rights against secret detection places , solidarity , incommunicado or other
similar forms of detention
 Miranda Rights
• Any confession and admission in violation of this rights are in admissible
in evidence . It might be considered FRUIT of the Poisonous tree Doctrine

• . Miranda Rights is only applicable on person under arrested

• Mirada Rights is written is any confession and admission signed by the
person under arrest and his/her lawyer or PAO
 Republic Acts 7438
Rights of Person arrested detained or under custodial Investigation and Duties of
Arresting Officer and provided penalties thereof

Article 1 –Statement of Policy

Article 2 – Rights of Person Arrested , Detained or under custodial
Investigation
Article 3- Assisting Counsel –
Article 4 Penalty Clause
 RA 7438
• Section 2
• 1. Any person under arrested must be always be assisted by a counsel
• 2. He shall be informed of his rights
• 3. Custodial investigation must be in witting
• 4. Extra Judicial must be in the presence of counsel if not it is in un admissable
• 5. Waiver of Article 125 of RPC must be in writing and in the presence of counsel
• 6. Person arrested shall be allowed to visit by families medical doctor , religious sector , NGO ,
Human Rights Organization .
 RA 7438
• Section 3 Assisting counsel can charge the following
• 1. 150 for light offense
• 2. 250 for Less grave offense
• 3. 350 for capital offense
 RA 7438
• Section 4 Penalty Clause
• 1. Arresting Officer who failed to inform the legal rights shall suffer 6, 000.00 or
imprisonment of 8 to 10 years , or both
• 2. Perpetual absolute disqualification shall be imposed upon investigating Officer
who was been convicted of same offense
• 3. The same penalty shall be imposed upon public officer or employee or to anyone
acting upon the order of investigator who fails to provide a competent and
independent counsel to person arrested detained or under custodial investigation if
the latter cannot produce the services of a counsel of his choice
 RA 7438
• B) Any person who obstruct . Prevent of prohibit any member of person
arrested , detained or under custodial investigation , his family, religious
sector NGO Human Rights commission will suffer 6 years and fined of
4,000.00
UN Standard Minimum Rules in treatment of
Prisoner
• > Rule 1 – Prisoner Must be treated with respect and dignity and value as human
being ( protect from torture cruelty punishment , Safety of prisoner shall be always
priority and visitors shall be ensured at all times
• >Rule 2 – prisoner shall be impartial , no discrimination . Age , color sex language ,
religion, opinion,. It shall be all respect .
• > Rule 3 Imprisonment will deprive their liberty from outside world
• >Rule 4 The purpose of a sentenced imprisonment is to protect society against crime
and to reduce recidivism and to ensure that when prisoner will reintegrate to society
they are law abiding citizen and self supportive life
UN standard Rule on treatment of Prisoner
.Section 5 - - The prison regime should seek to the minimized any differences between
prison life and life at liberty that tend to lessen the responsibility of prisoner and to
respect them with dignity
Section 6.- There shall be a standardized prisoner file management system in every
place where person are imprisoned . There must be electronic data base with numbered
and signed pages . It must be secured to prevent unauthorized person.
Section 7 – No person shall be received without commitment order
Commitment order – is an order of a court ordering a penal colony or jail to
commit a person in their institution
 UN Rule on Treament of Prisoner
• Rule 8- Prisoner’s personal information shall be entered in Prisoner file
management system while in prison
• Rue 9 – Rule 7 and 8 must be confidential . Every prisoner must have
access to such records . He shall entitled to have a copy of his/her file and
shall received official copy when released .
• Rule 10 – PFMS shall be used as reliable date and characteristic of
prison population. Including occupancy rates , in order to create a basis
for evidence –bases decision making.
 UN Rules in treatment of prisoner
• Rule 11 The Different categories shall be separate thru sex. Age, criminal
records , the reason are for category of treatment
• Rule 12 - Accommodation- sleeping cell shall be individual each room
but in over crowded person two person per room shall apply.
• Rule 13- Sleeping accommodation shall be meet with the health
depending on the climate , cubicle should have air with minimum floor
space , lighting, heater and ventilated .
UN Standard Rule of Treatment of Prisoner
• Rule 14- In all places prisoner are required to work
• a ) Window shall be large enough enable prisoner to read and work on natural
light and for fresh air
• b) Artificial shall be provided for sufficient lightning
• Rule 15 – The sanitary shall be adequate for the needs of prisoner and must be
clean and decent manner .
• Rule 16 – Adequate bathing and shower installation shall be provided .
Temperature must be suitable .
 UN Standard Rules I treatment Prisoner
• Rule 17 – All parts of prison regularly used by prisoner shall be properly maintained
and kept clean at all times
• Rule 18- Prisoner are required to keep clean and must be provided with water with
such toilet artcles for health and cleanliness
• Rule 19- Every prisoner who us not allowed to wear his or her clothing shall be
provided with clothing suitable to the climate and to keep them in good health . Such
clothing shall in no manner be degrading and humiliating.
• Rule 20 – If prisoner allowed to used his /her clothing, arrangement shall be made on
their own admission to the prison to ensure that it shall be clean and fix to use .
 UN Rule on treatment of Prisoner
Rule 22- FOOD – 1. Every prisoner shall be provided on usual hour food with nutrition adequate for health and
strength
2. Drinking water shall be available when ever they need
Rule 23 – 1. Prisoner who are not employed shall be given one hour to be outdoor in open air if weather permits
2. Young prisoner and other suitable age shall received PHYSCAL AND RECREATIONAL TRAINING,
during the period of exercise . They should be giving space to do so
 UN Rule Treaemnt of Prisoner
Rule 24 ( Health care services ) – The Health care of Prison should be the
responsibility of the State. They have to enjoy the health care available in
community and should have necessary health care and free charge
Rule 36 . ( Restriction , Discipline and Sanction) - Discipline and order shall be
maintained and more restriction is necessary to ensure safe custody . The secure
operation of the prison and a well ordered community life.
 UN Rule treatment on Prisoner
Rule 50( Instrument of Restrain )-The use of chain , irons or other instrument of
restraint which are inherently degrading or painful shall be prohibited