HUMAN RIGHTS

EDUCATION

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

HUMA
N
RIGHT
S
EDUCA
TION

WEEK 2 TOPICS

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Definition of Human Rights
HUMA
N Human rights refers to norms that aim to protect people from political,
RIGHT
S
legal, and social abuses.
EDUCA
TION
Human rights are commonly understood as inalienable fundamental rights
to which a person is inherently entitled simply because she or he is a
human being.

Human rights allow a person to live with dignity and in peace, away from
the abuses that can be inflicted by abusive institutions or individuals.

United Nations (UN) defines human rights as universal and inalienable,

interdependent and indivisible,
02/22/2024 and
ATTY. GLINDA B. equal
TRINIDAD and non-discriminatory.
(Instructress)
 Characteristics of Human Rights
HUMA
N 1. Inherent
RIGHT
S  Not granted by any person or authority
EDUCA
TION

2. Fundamental
 Without them, the life and dignity of man will be meaningless

3. Inalienable
 Cannot be rightfully taken away from a free individual unless
specific situations call for it. However, the deprivation of a
person's right is subject to due process.
02/22/2024  Cannot be givenATTY.
away or B.be
GLINDA forfeited
TRINIDAD (Instructress)
 Characteristics of Human Rights
HUMA
N 4. Universal
RIGHT
S
 Applies irrespective of one’s origin, status, or condition or place where
EDUCA one lives
TION
 Rights can be enforced without national border

5. Imprescriptible
 Cannot be lost even if man fails to use or assert them, even by a long
passage of time

6. Indivisible
 Not capable of being divided
02/22/2024  Cannot be denied ATTY.
even when
GLINDA other(Instructress)
B. TRINIDAD rights have already been enjoyed
 Characteristics of Human Rights
HUMA
N
RIGHT
S
EDUCA
7. Equal and non-discriminatory
TION  Human rights protect all people regardless of race, nationality,
gender, religion, and political leaning, among others. They
should be respected without prejudice.

8. Interdependent
 The fulfillment or exercise of one cannot be had without the
realization of the other

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Classification of Rights According to Source
HUMA
N
1. Natural Rights
RIGHT  God-given rights, acknowledged by everybody to be morally good
S
EDUCA  Unwritten, but prevail as norms of the society
TION

2. Constitutional Rights
 Conferred and protected by the Constitution and which cannot be modified
or taken away by the law-making body

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

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Classification of Rights According to Recipient
HUMA
N
RIGHT
S
EDUCA
1. Individual Rights
TION
 Accorded to individuals

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
02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)
 Classification of Rights According to Aspect of Life
HUMA
N
RIGHT
S
1. Civil Rights
EDUCA  Rights which the law will enforce at the instance of private individuals for
TION
the purpose of securing to them the enjoyment of their means of happiness

 Partake of the nature of political rights when they are utilized as a means to
participate in the government.

2. Political Rights
 Rights which enable us to participate in running the affairs of the
government either directly or indirectly

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Classification of Rights According to Aspect of Life
HUMA
N
RIGHT
S 3. Economic and Social Rights
EDUCA
TION  Those which the law confers upon the people to enable them
to achieve social and economic development

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 in a
climate of free artistic and intellectual expression.
02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)
 Classification of Rights According to Struggle for Recognition
HUMA
N
RIGHT 1. First Generation Rights
S
EDUCA
TION
 Civil and political rights which derives primarily from the 17th
and 18th centuries’ reformist theories.

 Conceives of human rights more in negative (“freedom from”)

than positive (“rights to”) terms.

 Favors the abstention rather the intervention of government in

the exercise of freedoms and in the quest for human dignity
02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)
 Classification of Rights According to Struggle for Recognition
HUMA
N
RIGHT
S 2. Second Generation Rights
EDUCA
TION

 Covers economic, social, and cultural rights which find their

origin primarily in the socialist tradition.

 Conceives of human rights more in positive terms.

 Fundamental claims to social equality

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)
 Classification of Rights According to Struggle for Recognition
HUMA
N
RIGHT
3. Third Generation Rights
S
EDUCA
TION  Third generation or ‘solidarity rights’ cover group and collective rights, which
include, inter alia, the right to development, the right to peace, right to a
clean environment and the right to self determination.

 Freedom of association and assembly, freedom of religion and, more

especially, the freedom to form or join a trade union, fall into this category.

 The collective element is even more evident when human rights are linked
specifically to membership of a certain group, such as the right of members
of ethnic and cultural minorities to preserve their own language and culture.
02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)
 Classification of Rights According to Derogability
HUMA
N
1. Absolute or Non-Derogable Rights
RIGHT
S
EDUCA  Those that cannot be suspended nor taken away nor restricted/limited even
TION
in extreme emergency and even if the government invokes national security

2. Derogable or Can-Be-Limited Rights

 May be suspended or restricted or limited depending on the circumstances

which call for the preservation of social life

 Must satisfy three requirements for it to be valid

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Classification of Rights According to Derogability
HUMA
N
RIGHT
S a. It is provided for by law which is made known to every
EDUCA
TION citizen;

b. There is a state of emergency which necessitates the urgent

preservation of the public good, public safety, and public moral;

c. It does not exceed what is strictly necessary to achieve the

purpose.
02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)
 Categories of Human Rights
HUMA
N
1. Fundamental Freedom in Political Rights
RIGHT  Freedom of conscience and religion
S
EDUCA  Freedom of thought, belief, opinion and expression
TION
 Freedom of the press and communication
 Freedom of association, freedom of peaceful assembly
 Rights to privacy, reputation, and human dignity

2. Democratic Rights
 Commonly exercised in a democratic state
a. Right to vote and to participate in the electoral process
b. Right to participate in public or governmental affairs
02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)
 Categories of Human Rights
HUMA 3. Mobility Rights
N
RIGHT  National and international in character
S
EDUCA
a. Right to travel
TION b. Right to return to one’s country
c. Freedom of movement within the country

4. Right to Life, Liberty, and Security of the Person

 Represent the core of fundamental rights which relate to the right to physical and
personal integrity, consistent with human dignity
Ex: Right to protection against political and other extrajudicial killings, the disappearances
of persons, and torture and other cruel inhuman or degrading treatment or punishment

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Categories of Human Rights
HUMA
N 5. Legal Rights
RIGHT
S
 Constitute due process that can be invoked by persons accused.
EDUCA
TION
a. Freedom from arbitrary arrest and detention
b. Protection against unreasonable search and seizure
c. Right to counsel
d. Right to fair and public trial
e. Presumption of innocence
f. Right against self-incrimination

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Categories of Human Rights
HUMA
N
6. Rights of Equality
RIGHT
S
EDUCA
TION
 Also known as the right against discrimination

 Everyone is equal before the law and is entitled to equal protection

or the equal benefit of the law

 Protection against discrimination on the grounds of sex, race,

religion, ethnic origin, age, marital status, and political and social
condition

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Categories of Human Rights
HUMA
N
7. Economic, Social and Cultural Rights
RIGHT
S
EDUCA  Considered more of standards to be observed by the state
TION
a. Right to social security, social insurance, protection and assistance to the
family
b. Right to an adequate standard of living, adequate food, clothing and
housing
c. Right to physical and mental health
d. Right to education
e. Right to be part of the artistic and scientific life of the country

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Categories of Human Rights
HUMA 8. Workers’ Rights
N
RIGHT a. Right to association
S
EDUCA b. Right to organize unions
TION
c. Right to bargain collectively
d. Prohibition of forced labor
e. Prohibition of employment of children
f. Guarantee of minimum wages and other support

9. Aboriginal Rights
 Associated with the rights of indigenous cultural tribes or communities

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Categories of Human Rights
HUMA 10. Reproductive Rights
N
RIGHT
S
EDUCA  Right to found a family and bear children
TION
a. Right to gender sensitivity and the biomedical technology
b. Right to family planning

11. Protective Rights of Persons in Armed Conflicts

 Provided in the international humanitarian law for the protection of children,

women and non-combatants during internal armed conflicts

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)

 Categories of Human Rights
HUMA
N
RIGHT
S 12. Right of Self-determination
EDUCA
TION
 Right of people to be free from colonial rule

a. Right of people to decide their own destiny

13. Minority Group Rights

 Protection of ethnic, linguistic and religious minorities

02/22/2024 ATTY. GLINDA B. TRINIDAD (Instructress)