V. CLASSIFICATIONS OF RIGHTS v2

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WHAT IS A RIGHT

CLASSIFICATIONS OF
Rights are legal, social,
or ethical principles of
freedom or entitlement.

RIGHTS They are the fundamental


or standard rules about
what is allowed of people
or owed to people
according to some legal
system, social
convention, or ethical
theory.

THREE BASIC RIGHTS OR RIGHTS OF MAN The right to life is more


than the right to live, it is
THE RIGHT
the right to live in a
TO LIFE
manner that befits our
The Three Basic Rights or Rights common human dignity
of Man are the following: and enable us to bring
our particular talents to
1.The right to life the fullest.
2. The right to dignity
3. The right to develop ourselves. The right to life is the
source of our right to
health, the right to rest
and leisure among
others.

THE RIGHT THE RIGHT


TO DIGNITY TO DEVELOP

The right to dignity The right to


develop is the
is the source of our source of our right
right to recognition, to education, the
right to form and
to honor and
join association in
reputation, to order to facilitate
freedom of religion the development
of the person.
and others.
A. As to Source
1. Natural rights
2. Constitutional rights
3. Statutory rights
3. Statutory rights Statutory rights are those
rights which are provided by
2. Constitutional rights law. They are promulgated by
Constitutional rights are conferred the law-making body as such
and protected by the Constitution. It they may be abolished by the
1. Natural rights is difficult to modify or be taken body that created them
Natural rights are god given away by law-making body.
rights. It is acknowledge by
everyone to be morally
good. It is unwritten, but
prevail as norms of society.

B. According to Recipient C. According to Aspects of Life


1. Individual rights 1. Civil Rights
1. Civil rights 4. Cultural Rights
2. Political Rights
2. Collective Rights Civil rights refer Cultural rights are
to rights which 3. Economic and Social Rights rights which
2. Collective rights 4. Cultural Rights
the law will ensure the well-
Collective right is also called people’s rights or solidary
enforce at the being of the
rights. These are rights pertaining to society that can be
instance of individual and
enjoyed only in the company of others.
private 2. Political Rights 3. Economic and foster the
individuals for Political rights are Social Rights preservation,
the purpose of rights which enable us It refers to those enrichment, and
securing to to participate in rights which the law dynamic evolution
them the running the affairs of confers upon the of national culture
enjoyment of the government either people to enable based on the
1. Individual rights their means of directly or indirectly. them to achieve principle of unity in
This is accorded to individuals happiness. social and economic diversity in a
development. climate of free
artistic and
intellectual
expression.

B. According to Struggle for Recognition NEGATIVE AND POSITIVE RIGHTS


1. First Generation Rights
Negative rights Positive rights are rights that
2. Second Generation Rights
because such provide something that
3. Third Generation Rights rights are claim by people need to secure their
one person that well-being. Positive rights
1. First Generation Rights imposes a impose a positive duty to
This refers to civil and political rights which derives "negative" duty on help sustain the welfare of
primarily from the 17th and 18th centuries reformist all others—the duty those who are in need of
theories. not to interfere with help.
a person's activities
in a certain area. Example
It conceives of Human rights more in negative
The right to an education,
(freedom from) than positive (rights to) terms.
Example the right to food, the right
The right to privacy, for to medical care, the right to
It favors the abstention rather than intervention of example, imposes the housing, or the right to a
government in the exercise of freedoms and in the duty not to intrude into job.
quest for human dignity. the private activities of
a person. A person's right to an
education imposes a duty
to provide that person with
an education.
2. Second Generation Rights 3. Third Generation Rights
It covers economic, social, and Cultural rights which
It covers collective Rights.
find their origin primarily in the socialist tradition.
Third generation rights impose upon the
government the duty to respect and promote
It conceives of human rights more in positive terms. and fulfill them, but this depends on the
availability of resources.
Secondary right guarantee different members of the
citizenry equal conditions and treatment.
Example
The right to housing, the right to education,
right to a healthy environment, right to natural
resources.
Secondary rights would include a right to be employed in
just and humane condition, rights to food, housing and
health care, as well as social security and unemployment
benefits

E. According to Derogability
2. Derogable or Can-Be-Limited Rights
1. Absolute or Non-derogable Rights In human rights law, derogability is whether the right
2. Derogable or Can-Be-Limited Rights may be infringed in certain circumstances.

1. Absolute or Non- A non-derogable Example This right may be suspended or restricted or limited
derogable Rights Right to life,
right is one whose depending on the circumstances which call for the
It refers to those preservation of social life.
infringement is not freedom from
rights that cannot be
suspended nor taken justified under any torture,
It must satisfy three requirements for it to be valid:
away nor circumstances. inhuman, or
restricted/limited even in degrading a. it is provided for by law which is made known to every citizen:
extreme emergency and treatment.
even if the government b. there is a state emergency which necessitates the urgent preservation of
public good, public safety, and public moral;
invokes national security.
c. it does not exceed what is strictly necessary to achieve the purpose.

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