INNOVATIVE COLLEGE OF SCIENCE & TECHNOLOGY

Malitbog, Bongabong, Oriental Mindoro

CRIMINOLOGY DEPARTMENT

HUMAN RIGHTS EDUCATION

ATTY. PRINCESS JANINE R. SY

I. OBJECTIVES
1. To discuss the definition and principles of human rights
2. To discuss the different categories of Human rights.
3. To enumerate and explain the Classification of Rights as provided for by the 1987
Constitution.

II. TIME FRAME

Week 1 – January 15-20, 2024

[Link]

GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

Human Rights

 According to Jeremy Bentham, human rights refer to “the basic rights and freedoms that
all humans should have the right to life and liberty, freedom of thought and expression,
equality before the law”.
 Those rights, which are inherent in our nature, and without which, we cannot live as
human beings.
 Allow us to develop and use our human qualities, intelligence, talents and conscience,
and to satisfy our spiritual and other needs.
 Supreme, inherent, and inalienable rights to life, dignity, and self-development.
 The essence of these rights makes man human.

Basic Characteristics of Human Rights:

1. Inherent
 Not granted by any person or authority
2. Fundamental
 Without them, the life and dignity of man will be meaningless
3. Inalienable
 Cannot be rightfully taken away from a free individual
 Cannot be given away or be forfeited
4. Imprescriptible
 Cannot be lost even if man fails to use or assert them, even by a long passage of
time
5. Indivisible
 Not capable of being divided
 Cannot be denied even when other rights have already been enjoyed
6. Universal
 Applies irrespective of one’s origin, status, or condition or place where one lives
 Rights can be enforced without national border
7. Interdependent

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  The fulfillment or exercise of one cannot be had without the realization of the
other

Human Rights Principles

 Human rights are universal and inalienable; indivisible; interdependent and interrelated.

 They are universal because everyone is born with and possesses the same rights,
regardless of where they live, their gender or race, or their religious, cultural or ethnic
background.

 Inalienable because people’s rights can never be taken away.

 Indivisible and interdependent because all rights – political, civil, social, cultural and
economic – are equal in importance and none can be fully enjoyed without the others.

 They apply to all equally, and all have the right to participate in decisions that affect their
lives.

 They are upheld by the rule of law and strengthened through legitimate claims for duty-
bearers to be accountable to international standards.

Classification of Rights:

According to Source

1. Natural Rights
 God-given rights, acknowledged by everybody to be morally good
 Unwritten, but prevail as norms of the society
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

According to Recipient

1. Individual Rights
 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

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
 Partake of the nature of political rights when they are utilized as a means to
participate in the government
2. Political Rights

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  Rights which enable us to participate in running the affairs of the government
either directly or indirectly
3. Economic and Social Rights
 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.

According to Struggle for Recognition

1. First Generation Rights

 Civil and political rights which derives primarily from the 17 th 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
2. Second Generation Rights
 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
3. Third Generation Rights
 Covers collective rights

According to Derogability

I. Absolute or Non-Derogable Rights

 Those that cannot be suspended nor taken away nor restricted/limited even in
extreme emergency and even if the government invokes national security
II. 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:
i. It is provided for by law which is made known to every citizen;
ii. There is a state of emergency which necessitates the urgent preservation of
the public good, public safety, and public moral;
iii. It does not exceed what is strictly necessary to achieve the purpose.

Categories of Human Rights

1. Fundamental Freedom in Political Rights

i. Freedom of conscience and religion
ii. Freedom of thought, belief, opinion and expression
iii. Freedom of the press and communication
iv. Freedom of association, freedom of peaceful assembly
v. Rights to privacy, reputation, and human dignity
2. Democratic Rights
 Commonly exercised in a democratic state
i. Right to vote and to participate in the electoral process

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 ii. Right to participate in public or governmental affairs
3. Mobility Rights
 National and international in character
i. Right to travel
ii. Right to return to one’s country
iii. 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
i. Right to protection against political and other extrajudicial killings, the
disappearances of persons, and torture and other cruel inhuman or
degrading treatment or punishment
5. Legal Rights
 Constitute due process that can be invoked by persons accused
i. Freedom from arbitrary arrest and detention
ii. Protection against unreasonable search and seizure
iii. Right to counsel
iv. Right to fair and public trial
v. Presumption of innocence
vi. Right against self-incrimination
6. Rights of Equality
 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
i. Protection against discrimination on the grounds of sex, race, religion,
ethnic origin, age, marital status, and political and social condition
7. Economic, Social and Cultural Rights
 Considered more of standards to be observed by the state
i. Right to social security, social insurance, protection and assistance to the
family
ii. Right to an adequate standard of living, adequate food, clothing and
housing
iii. Right to physical and mental health
iv. Right to education
v. Right to be part of the artistic and scientific life of the country
8. Workers’ Rights
i. Right to association
ii. Right to organize unions
iii. Right to bargain collectively
iv. Prohibition of forced labor
v. Prohibition of employment of children
vi. Guarantee of minimum wages and other support
9. Aboriginal Rights
 Associated with the rights of indigenous cultural tribes or communities
10. Reproductive Rights
i. Right to found a family and bear children
ii. Right to gender sensitivity and the biomedical technology
iii. Right to family planning
11. Protective Rights of Persons in Armed Conflicts

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  Provided in the international humanitarian law for the protection of children,
women and non-combatants during internal armed conflicts
12. Right of Self-determination
i. Right of people to be free from colonial rule
ii. Right of people to decide their own destiny
13. Minority Group Rights
i. Protection of ethnic, linguistic and religious minorities

IV. Comprehensive check – up

1. What are the classification of human rights?
2. Give at least five(5) categories of human rights.

Checked by:

Mrs. Melody Comia- Dimapilis

Department Head

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