Professional Documents
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RIGHTS
WHAT IS THE BASIC OF THIS NEW COURSE:
HUMAN RIGHTS EDUCATION?
Section 8,
(Curriculum Description)
Article V, CMO 05 Series of 2018
The BS Criminology Curriculum has a total of 177 units for:
I. General Education;
II. Professional Courses;
III. Practicum.
WHAT IS THE BASIC OF THIS NEW COURSE:
HUMAN RIGHTS EDUCATION?
Section 9
The Major Courses are comprised of the following:
I. 4 LEA;
II. 6 Forensic;
III. 9 CDI;
IV. 8 CS;
V. 3 CA;
VI. 2 CP; &
VII. 2 CFLM.
WHAT IS THE BASIC OF THIS NEW COURSE:
HUMAN RIGHTS EDUCATION?
Section 9
The Course Courses are comprised of the following:
I. CLG 1 (Intro to PCJS);
II. CLJ 2 (Human Rights Education);
III. CLJ 3 (Criminal Law I);
IV. CLJ 4 (Criminal Law II);
V. CLJ 5 (Evidence); &
VI. CLJ 6 (Criminal Procedure & CT).
HUMAN
RIGHTS
HUMAN RIGHTS DEFINES
• Defined as supreme, inherent , and inalienable rights to life, dignity, and to
delf development. The essence of these rights makes man human.
• It is concerned with:
Civil
Political
Economic
Social, and
Cultural rights
BASIC CHARACTERISTICS OF
HUMAN RIGHTS
1. Inherent
- natural or inborn. Not granted by any person or authority
2. Fundamental
essential. Without them, the life and dignity of man will be meaningless
3. Inalienable
Cannot be rightfully taken away from a free individual
4. Imprescriptible
Cannot be lost even if man fails to use or assert them, even by a long passage
of time
BASIC CHARACTERISTICS OF
HUMAN RIGHTS
5. Indivisible
Not capable of being divided. Cannot be denied even when other rights have
already been enjoyed
6. Universal
Applies irrespectable of one’s origin, status , or condition or place where one
lives
7. Interdependent
- The fulfilment or exercise of one cannot be had without the realization of the
other
CLASSIFICATION OF RIGHTS
According to Source
According to Recipient
According to Aspect of Life
According to Derogability
ACCORDING TO SOURCE
1. Natural Rights
God-given rights, acknowledged by everybody to be morally good. Unwritten, but prevail as
norms of the society.
Examples:
right to be happy
right to marry
right to life, etc.
ACCORDING TO SOURCE
2. Constitutional Rights
Conferred and protected by the Constitution and which cannot be modified or taken away by
the law-making body
Examples:
-right to suffrage
-right to religion, etc.
ACCORDING TO SOURCE
3. Statutory Rights
Those rights which are provided by law promulgated by the law-making body. May be
abolished by the body that created them.
Examples:
-rights of the accused
-rights of persons under custodial investigation, etc.
ACCORDING TO RECIPIENT
1. Individual Rights
Accorded to individuals
Examples:
-right to vote
-right to own property, etc.
ACCORDING TO RECIPIENT
2. Collective Rights
Also called “people’s rights” or “solidarity rights”. Rights of the society, those that can be
enjoyed only in company with others.
Examples:
-right to cultural preservation,
-environmental rights
-rights to assembly, etc.
ACCORDING TO ASPECT OF
LIFE
1. Civil Rights
Rights which the law will enforce at the instance of private individuals for the purpose of
securing to them the enjoyment of their means of happiness.
Examples:
-right to self expression
-right to marry
-right to religion, etc.
ACCORDING TO ASPECT OF
LIFE
2. Political Rights
Rights which enable us to participate in running the affairs of the government either directly
or indirectly
Examples:
-right to vote
-right to assembly,etc.
ACCORDING TO ASPECT OF
LIFE
3. Economic and Social Rights
Those which the law confers upon the people to enable them to achieve social and economic
development
Examples:
-right to own property
-right to employees, etc
ACCORDING TO ASPECT OF
LIFE
4. Cultural Rights
Rights that ensure the well-being of the individual and foster the preservation, enrichment,
and dynamic evolution of national culture based on the principle of unity in diversity.
Examples:
-right to practice one’s culture
-right to cultural religion
-right to use own language, etc.
ACCORDING TO
DEROGABILITY
1. Absolute or Non-Derogable Rights
Those that cannot be suspended nor taken away nor restricted/limited even in extreme
emergency and event if the government invokes national security.
Examples:
-right to freedom of thought
-right to conscience
-right to religion
ACCORDING TO
DEROGABILITY
2. Derogable or Can-Be-Limited Rights
May be suspended or restricted or limited dependeng on the circumstances which call for the
preservation of social life. It must satisfy three requirements for it to be valid:
i. It is provided for by law which is made known for every citizen;
ii. There is a state of emergency which needs urgent preservation of the public good, public
safety, and public moral;
iii. It does not exceed what is strictly necessary to achieve the purpose.
Examples:
-(during pandemic) the right to travel may be limited
-right to liberty which can be lawfully restricted
BILL OF RIGHTS
(1987 PHILIPPINE
CONSTITUTION)
BILL OF RIGHTS
(ART. III 1987 CONSTITUTION)
-It is a declaration and enumeration of a person’s rights and privileges which
the constitution is designated to protect against violation by the government or
by individual or groups of individuals. It is a charter of liberties for the
individual and a limitation upon the power of the state.
SECTION 1.
No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.
DUE PROCESS
It is the legal requirement that requires the state to respect all the legal rights owed to a person .
Due process balance the power of the state and protects the individual person from the power of
the state.
ASPECT OF DUE PROCESS OF
LAW
Procedural due process
Refers to the method or manner by which the law is enforced