THERAPEUTIC MODALITIES MODULE 1

MODULE OBJECTIVES

The objectives of this module are to

1. Conduct Criminological research on crimes, crime causation

and modes of therapies for criminals.

2. Internalize the concepts of Human rights and victim welfare.

3. Demonstrate competence and broad understanding in

correctional therapeutic modalities promoting public safety
and criminal justice.

4. Ensure offender’s welfare and development through

therapeutic modalities for their re- integration to the
community.

5. Collaborate the different therapeutic modalities effectively

and independently to all types of person deprived of liberty.

6. Engage in lifelong learning and devising therapeutic

modalities for all types of person deprived of liberty.

7. Apply professional, social, and ethical standards in the

practice correcting criminals.

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 UNIT 1 –
LAWS ON
HUMAN
RIGHTS
Human rights are the basic rights inherent to all human beings from birth until death.
These rights include the right to life and liberty, personal security, freedom from
torture, freedom from discrimination and freedom from arbitrary arrest, among others.

PREAMBLE

We, peoples of the Philippines, give highest value to the dignity and fullness of life of
the human person and share a common aspiration for human rights—even as we
speak different languages and dialects, profess different spiritual beliefs and uphold
different ideologies.

Ours is a history of revolutionary struggle against all forms of oppression for national
freedom, justice, equality and peace. The same struggle and aspirations for freedom
and respect for human rights have inspired our collective spirit to become a nation
proud of our heritage and diverse culture. Today, we rekindle the same revolutionary
spirit in our struggle against the negative effects of globalization, debt burden,
environmental destruction, social inequality and poverty. These make human and
peoples’ rights our foremost concern.

We assert that human and peoples’ rights are our fundamental, inherent and
inalienable rights to life, dignity and development. We recognize that these rights are
universal, interdependent and indivisible and are essential to fulfil and satisfy our civil,
political, economic, social, cultural, spiritual and environmental needs. They are what
make us human.

The growing democratization process and human rights consciousness as

exemplified in the active participation and assertion of civil society have served as
tools in opposing all forms of human rights violations and all forces that block our
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development as individuals and as a nation.

Therefore, we hereby proclaim by this declaration, the basic standards for the
protection, promotion, respect and fulfillment of human and peoples’ rights by the
State.

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INDIVIDUALS, SOCIETY AND THE STATE

 We have the natural right to life and liberty and are equal in dignity. Equal concern and
respect for these basic rights should be guaranteed, protected and upheld by the State.

 The State has the duty to safeguard and assure the dignity of its peoples as individuals and
as members of communities and ensure their capacity for self-development. The State should
formulate policies, enact laws and provide mechanisms that are in conformity with universal
human rights standards.

 The State has the obligation to provide the highest standard of living for its citizens by
eradicating social, economic, political, cultural, ethnic and gender inequalities. In the
determination and implementation of laws and policies, the government must always respect
and consider the concerns of women, children and youth, persons with disabilities, the
mentally challenged, older persons, indigenous and Moro peoples, the urban and rural poor,
farmers and fisher folk, workers - local and overseas, public or private, whether formally
employed or not, displaced families and communities and other vulnerable sectors, with the
view to ensuring their empowerment.

 The diversity and plurality of the Philippines must be safeguarded through respect and
tolerance. The State must respect and promote harmony and understanding between and
among individuals, communities and peoples. It must uphold non-discrimination among
peoples regardless of age, race, ethnicity, religion, gender, physical ability, sexual orientation,
social beliefs and political convictions. Cultural traditions and institutionalized power shall not
serve as justification for any form of violence, abuse, neglect, or deprivation of human and
peoples’ rights.

CIVIL RIGHTS

 We have the right to life, liberty, security and property. We have the right to a transparent,
credible, competent and impartial justice system, free from influence and corruption, where
wrongs are redressed and justice is dispensed fairly, speedily and equitably. We must have
equal access to the courts and adequate legal assistance. We must be treated equally before
the law regardless of our political, social and economic status.

 We have a right to the security and privacy of our persons and our homes. The State shall
respect and uphold our right to the privacy of communication, information, private
transactions and affairs. The State shall ensure our freedom of movement and liberty of
abode.

 The requirements of due process of law shall be observed before, during and after trial. The
accused is presumed innocent until proven guilty and shall enjoy the right against self-
incrimination, the right to an independent and competent counsel preferably of his or her own
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 choice, and the right to be informed of such rights.

 Detainees and prisoners have the right to humane conditions of detention with adequate
food, space and ventilation, rest and recreation, sanitary and health services, and skills
training. They have the right to communicate with counsel, family and friends and be visited
by them. The right to practice their religious beliefs and to express themselves shall likewise
not be denied. The State must provide separate detention facilities for women and children in
conflict with the law. Detainees and prisoners shall be given the opportunity for correction and
rehabilitation towards their reintegration into society.

 No person shall be subjected to arrests, searches, seizures and detention without due
process of law. No suspect, detainee or prisoner shall be subjected to torture, force, violence,
intimidation, harassment or threats. No accused shall be subjected to trial by publicity.
Neither shall cruel, inhuman or degrading punishment or treatment or incommunicado or
solitary confinement be imposed. We have the right against involuntary disappearances. The
State shall protect its citizens from all forms of systematic and massive extrajudicial and
summary killings. The State shall take responsibility for all the acts of its State agents and
give information and assistance to the families of the disappeared.

POLITICAL RIGHTS

 We have the right to live in a democracy and are entitled to enjoy its benefits. The right to
meaningful representation, participation and decision-making about individual and community
concerns shall be recognized and maintained. The protection of life, liberty and property, the
upliftment of economic conditions and the promotion of the general welfare are essential
prerequisites of a truly democratic society.

 Public office is a public trust. Transparency, accountability, integrity and competence are
minimum standards of good governance. It is the State’s duty to eliminate graft and
corruption at all levels of the bureaucracy. Towards this end, our right to information on
matters involving public interest shall be safeguarded.

 We have the right to determine, participate, intervene and take action in all matters that
directly and indirectly affect our welfare. The freedoms of speech, press, association and
peaceful assembly shall at all times be recognized and protected by the State.

 The State shall provide equal access to opportunities for public service to all competent and
qualified citizens. The State must equitably diffuse political power and prohibit political
dynasties in accordance with democratic principles.

 Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive and
corrupt regime by means consistent with general principles of human rights.

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SOCIAL AND CULTURAL RIGHTS

 We have the right to enjoy the highest standard of health. The State shall ensure that its
citizens shall be adequately nourished and free from hunger. The State has the obligation to
establish a responsive social housing program and protect the people from unjust evictions
from their homes. Protection and assistance shall be accorded marginalized families and
vulnerable sectors of society.

 We have the right to a free, accessible, relevant, nationalistic, quality, gender and culturally
sensitive education, responsive to our needs, which advances the culture of human rights.

 The State must establish a responsive social welfare system that contributes to the
continuous improvement of its people and their lives. All public utilities should be accessible
and affordable to meet the peoples’ basic necessities.

 Children and youth have rights to special care, education, health, and protection against all
forms of abuse, discrimination, exploitation, corruption, and conditions affecting their moral
development. The best interest of the child shall always take precedence in State policies and
laws.

 Women are partners of men in nation building. They have equal rights in civil, political, social,
and cultural aspects of life. The State shall protect and defend them from discrimination,
exploitation, trafficking, assault, battery and other forms of abuse and violence.

 Men and women have reproductive rights. The State shall recognize the rights of all couples
and individuals to decide freely and responsibly the number, spacing and timing of their
children and to have the information and means to do so, and the right to attain the highest
standard of sexual and reproductive health. The State shall also recognizethe rights of
couples in making decisions regarding reproduction free of discrimination, coercion and
violence, as expressed in human rights documents.

 The indigenous and Moro peoples have the right to equality with all other peoples and against
all forms of discrimination. They have the right to existence as distinct peoples free from
assimilation as well as the right to resist development aggression, which threatens their
survival as a community. Thus, the State shall assist and support them in the protection and
preservation of their culture, language, tradition and belief. They have an inherent right to
their ancestral domain, which must be given urgent immediate attention and protection by the
State and should be respected and defended by all.

 The State shall accord special protection to persons with disabilities. They have the right to

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 enjoyment of equal opportunity as well as appropriate and accessible social services,
education, employment, rehabilitation and social security.
 Older persons shall be given preferential treatment by the State. They shall be given priority in
terms of accessible social security and health.

ECONOMIC RIGHTS

 We have the right to a nationalistic and independent economic policy protected from foreign
domination and intrusion. We have the right to a self-reliant economy based on national
industrialization. We have the right to resist all forms of oppressive and unreasonable trade
liberalization, to oppose a subservient debt management strategy, and to repudiate all foreign
debts that do not benefit the people. The State shall develop efficient and effective debt
management strategies that will benefit the people and shall give preferential treatment to
local capital.

 We have the right to equal access to employment opportunities and professional

advancement. The labor force is the lifeblood of the country and all workers have the right to
just compensation, dignified and humane working environment, job security, the right to form
and join unions and organizations, to bargain collectively, to go on strike and to actively
participate in political life. Discrimination in the work place, sexual harassment, slavery,
exploitation, and child labor shall not be tolerated. Moreover, overseas workers have the right
to enjoy the basic rights accorded to workers in their respective host countries, consistent
with international labor laws or standards.

 Land, as a limited resource, bears a social function. The right to own land should be limited to
Filipinos and shall be guided by the principle of stewardship and subject to the demands of
the common good. Peasants shall have the right to own the land they till through a genuine
agrarian reform program including support services. Landowners shall also be protected from
land grabbers through effective legal and administrative measures.

 Fisher folk have the right of access to fishing grounds, to protection from foreign incursions
and local large- scale/commercial fishing business, to genuine aquatic reforms and to the
preservation and protection of communal fishing grounds.

 We have the preferential right to the judicious cultivation, utilization, and preservation of our
natural resources which will ensure an ecological balance that can support and sustain the
total physical and economic well-being of every person, family and community.

 The marginalized and vulnerable sectors shall have preferential access/control to credit and
micro-finance, and the right to skills and livelihood training, which shall contribute to the
constant improvement of their lives.

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COLLECTIVE RIGHTS

 We have the right to self-determination. This right provides us with the

freedom to develop ourselves as peoples, preserve our culture and retain
our national identity. Our peoples shall not be coerced into assimilation, nor
shall force evacuation, dislocation and displacement resulting from
development aggression and other State policies should be allowed. We
have the right to resist any form of political, economic, social or cultural
domination by resorting to any legitimate means.

 We have the right to a clean, safe and sustainable environment that

supports an equitable quality of life. Ecological balance must be preserved
in the pursuit of national development because the capacity of our
resources to continue supporting our daily needs is limited. Collectively, we
have the intergenerational responsibility to protect, conserve and develop
our natural environment for the enjoyment of present and future
generations of Filipinos.

 We have the right to a social order, which is conducive to peace and

development. It is the duty of the State to undertake a comprehensive
peace process that reflects the sentiments, values and principles important
to all peoples of the Philippines. Therefore, it shall not be defined by the
State alone, nor the different contending groups only, but by all peoples of
the Philippines as one community. The promotion and protection of our
rights must be geared towards international understanding, solidarity
among peoples and nations, and friendship among all racial, ethnic or
religious groups.

WHAT KINDS OF HUMAN RIGHTS EXIST?

Human rights are inherent to all humans, regardless of their nationality, race,
gender, religion, language, or sexual orientation. The concept of human rights may
not be new, but it’s gone through significant changes over time. In the past, only
the rights of privileged groups of people were respected. In 1948, the newly-
formed United Nations General Assembly adopted the Universal Declaration of
Human Rights (UDHR). This codified the necessity of human rights for all.
International law, national constitutions, and other conventions support and
expand on the UDHR. What kinds of human rights exist?

THEORETICAL CATEGORIZATIONS

Some theories help us understand where the concept of current-day human rights
comes from. “ Natural rights” are a very old philosophical concept. Related to
natural law, natural rights refer to rights that are universal and inalienable. They
are not related to any government or culture. By being human, a person is entitled

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to their natural rights. That’s where we get the concept of universal human rights.
Another example of human rights categorization is the distinction between
positive rights and negative rights. The state must provide access to positive
rights, like food, housing, education, and healthcare. Negative rights refer to the
freedom from certain things, like slavery, torture, and suppression. It’s the state’s
role to ensure these violations do not occur. In the “three generations” framework
of human rights law, which has most impacted Europe, negative rights are first
generation, while positive rights are part of the second and third generations.

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

The UDHR and other documents lay out five kinds of human rights: economic,
social, cultural, civil, and political. Economic, social, and cultural rights include the
right to work, the right to food and water, the right to housing, and the right to
education. Documents like the International Covenant on Economic, Social, and
Cultural Rights, which was established in 1976, protect these rights. Conventions
like the Convention on the Rights of the Child safeguard the economic, social, and
cultural rights of specific groups. As with all types of human rights, the state’s
responsibility is to protect, promote, and implement economic, social, and cultural
rights. Specific examples in this category include:
 The right to work in a safe environment for a fair wage
 The right to access medical care, including mental health care
 The right to accessible education
 The right to adequate food, clothing, and housing
 The right to affordable sanitation and clean water
 The right to take part in cultural life
 The right to enjoy the benefits of scientific progress
 The right to social security

CIVIL AND POLITICAL RIGHTS

Civil and political rights include articles from the first part of the Universal
Declaration of Human Rights. They state that people must be allowed to
participate freely in civil and political life without facing repression or
discrimination. While economic, social, and cultural rights are framed as rights a
person is entitled to, most civil and political rights are about protection from certain
things, like torture and slavery. Documents like the International Covenant on Civil
and Political Rights and its two Optional Protocols outline rights such as:

 The right to life, which is violated by actions like death by torture, neglect,
and use of force
 The right to freedom of expression, which is violated by restricting
access to ideas and limiting press freedom
 The right to privacy, which is violated by intruding on a person’s sexual life
or personal data

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 The right to asylum, which is violated by deporting someone to a country
where their lives are at risk
 The right to a fair trial and due process, which is violated by a court that’s
not impartial and excessive delays
 The right to freedom of religion, which is violated when someone is
punished for following their beliefs or forced to adopt another religion
 The right to freedom from discrimination, which is violated when traits
like race, gender, religion, etc are used as justification for actions like
being fired from a job.

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