•HUMAN DIGNITY AND HUMAN RIGHTS

Definition & importantnce of human rights

•Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status

every individual
can live a life of
dignity and a life
that is worthy of
a human being.

 Why It’s Important to Know Your Human Rights.

 Human rights define relationships between people. They empower people to express
themselves and get fair treatment in jobs and other social setups. They also restrict
those in power from oppressing the less advantaged. They place a code that all persons
are equal before the law.

1.5 Classification of Human Rights

CLASSIFICATIONS OF HUMAN RIGHTS

Human Rights broadly can be classified from two different

perspectives: Firstly, from the perspective of different aspects of human life, civil, political
moral, social, economical; and secondly from the perspective of the ways of securing them. The
human rights can be classified as under:

NATURAL RIGHTS

Natural rights are those rights which are considered to be inherent and
integral to human nature. In fact, every individual, by nature, is given an individual property of
his own which cannot be taken away by any authority. Such rights include intellectual rights,
rights of the mind and also rights of acting as an individual for his own comfort and happiness,
provided they are not injurious to the natural rights of others. Moral Rights

These rights are based on the general principles of firmness and justice.
These are simply aspirations and ideals of the people who aim for it. Sometimes, people justify
these rights on the ground of the role they perform or the position they occupy in society. For
example, the mother of a family might complain that she has the right to be consulted about what
is going on in her family. In this case, she is applying the principle that parents are entitled to be
consulted when family decisions affect the members. So it is the moral duty of other members to
do the same.

FUNDAMENTAL RIGHTS

There are certain rights which are more important and basic than the others. For
example, right to life is the most basic of all rights upon which the enjoyment of other rights
depends. Among other basic rights to be recognized as a person before the law, the right to equal
protection under law, and freedom from illegal arrest or detention. These rights can never be
restricted or taken away by any authority. That is why every society has a fundamental duty to
protect these at all times.

LEGAL RIGHTS

Legal rights are otherwise known as positive rights. These rights are laid down in
law. They are also guaranteed and protected by the law of the State. Thus, legal rights are
uniform and open to all irrespective of the caste, color, race or culture. Legal rights are those
rights which are accepted and enforced by the state. Any defilement of any legal right is
punished by law. Law courts of the state enforce legal rights. These rights can be enforced
against individuals and also against the government. In this way, legal rights are different from
moral rights. Legal rights are equally available to all the citizens. All citizens follow legal rights
without any discrimination. They can go to the courts for getting their legal rights enforced.

Legal Rights are of three types:

1. Civil Rights:
Civil rights are those rights which provide opportunity to each person to lead a
civilized social life. These fulfill basic needs of human life in society, Righ t to life, liberty and
equality are civil rights. Civil rights are protected by the state.

2. Political Rights:
Political rights are those rights by virtue of which inhabitants get a share in the
political process. These allow them to take an active part in the political process. These rights
include right to vote, right to get elected, right to hold public office and right to criticize and
oppose the government. Political rights are really available to the people in a democratic state.

3. Economic Rights:
Economic rights are those rights which provide economic security to the people.
These empower all citizens to make proper use of their civil and political rights. The basic needs
of every person are related to his food, clothing, shelter, and medical treatment. Without the
fulfillment of these no person can really enjoy his civil and political rights. It is therefore
essential, that every person must get the right to work, right to adequate wages, right to leisure
and rest, and right to social security in case of illness, physical disability and old age.
CIVIL & POLITICAL RIGHTS

Rights that are granted by government or civil society are called civil and
political rights. These rights provide the basis for the fulfillment of elementary conditions of the
social life. Without them, civilized life is not possible and they are, therefore, considered very
essential for the free and progressive life of man. Civil and political rights, however, include the
right to the freedom of speech, of assembly the right to move freely, to hold property and
practice trade or profession, and the right to take part in the government of one’s country.
Economic, Social and Cultural Rights

These are entitlements of the individual vice versa the State, in order to
eradicate social inequality, economic imbalances and to limit disadvantages caused by nature,
age and so on. These rights however are bestowed by the State. The State is not bound to meet
these entitlements all at once. It depends upon the economic resources of the society.

Most of the socialist states recognize these rights as fundamental rights of

the people Right to equality, right to work, right to have family, right to privacy, right to
information, right to public assistance during old age and sickness, right to health- care, right to
special care during childhood and during motherhood are some of the examples of these rights.

The rights mentioned above do not fully serve` the purpose in the sense that rights
have tendency to grow with the corresponding changes in the society. Some of the rights are of
recent origin like the right to development, the right to know and the right to self determination.
There are many controversies regarding the question as to which are the more important rights.
The Vienna Declaration issued after a conference in which representatives of 171 countries
affirmed that “all human rights are universal, indivisible, inter-dependent and inter-related ".

HUMAN AND LEGAL RIGHTS

There is some difference between moral or human rights and legal

rights. Legal rights require justification for an existing system of law. Legal rights are, roughly,
what the law says they are, so far as the law is enforced. Legal rights gain their force first of all
through legislation or decree by a legally authorized authority. Those who support adoption of
laws establishing legal rights often appeal to a notion of human rights. Laws against theft might
appeal to notions of a moral right to own property. But human or moral rights must gain their
validity through some other source other than legal rights, since people can appeal to human or
moral rights to criticize the law or advocate changes in the law (or legal rights), and people could
not do this if moral rights were based upon the law.

CONTRACTUAL RIGHTS

Contractual rights originated from the practice of promisekeeping. They

apply to particular individuals to whom contractual promises have been made. Contractual rights
ascend from specific acts of contract making. They normally come into being when the contract
is made, and they reflect the contractual duty that another party has acquired at the same time.
As a result of a contract, party A has a contractual duty, say, to deliver some good or service to
party B, who has a contractual right to the good or service. Contractual rights may be upheld by
the law, and in that sense can rest upon legal rights, but it is possible to conceive of contracts
made outside of a legal framework and to rest purely upon moral principles. However, such
contracts are less secure than contracts made within a legal framework, for obvious reasons.
There are numerous examples of contractual rights such as:

Rights to purchase a particular product or service

Rights to be sell a product or service

Rights to be the only seller or buyer

Rights to delivery and timely payment

Rights to refunds or repairs

Various rights according to the specific intentions of each party.

COLLECTIVE RIGHTS

Collective Rights are a type of Human Rights, which unlike traditional rights,
are not vested in a single individual but belongs to all people so that all of them can collective
enjoyed. That is, they are enjoyed jointly rather than severally. Collective Rights are also
called Third Generation Rights, Solidarity Rights or New Rights.

Group rights, also known as collective rights, are rights held by a group rather than
by its members severally; in contrast, individual rights are rights held by individual people; even
if they are group-differentiated, which most rights are, they remain individual rights if the right-
holders are the individuals themselves. Group rights have historically been used both to infringe
upon and to facilitate individual rights, and the concept remains controversial.

Collective Rights

• Right to Development.
• Right to Peace.
• Right to Common Heritage.
• Right to Self-determination.
• Right to Safe Environment.
SOLIDARITY

Solidarity is an element of human association that emphasizes the cohesive social

bond that holds a group together, which is valued and understood by all group members. There
are different motives for solidarity. For some, affection and shared norms and beliefs are
motives, while for others rational choice and self-interest are drivers.

•CONCEPTS AND 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

Universality and Inalienability: Human rights are universal and inalienable. All people everywhere in the
world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of
the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and
rights.”

Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic,
political or social issues, human rights are inherent to the dignity of every human person.
Consequently, all human rights have equal status, and cannot be positioned in a hierarchical
order. Denial of one right invariably impedes enjoyment of other rights. Thus, the right of
everyone to an adequate standard of living cannot be compromised at the expense of other
rights, such as the right to health or the right to education.

Interdependence and Interrelatedness: Human rights

are interdependent and interrelated. Each one contributes to the realization of a person’s
human dignity through the satisfaction of his or her developmental, physical, psychological and
spiritual needs. The fulfilment of one right often depends, wholly or in part, upon the fulfilment
of others. For instance, fulfilment of the right to health may depend, in certain circumstances,
on fulfilment of the right to development, to education or to information.

Equality and Non-discrimination: All individuals are equal as human beings and by virtue of the
inherent dignity of each human person. No one, therefore, should suffer discrimination on the
basis of race, colour, ethnicity, gender, age, language, sexual orientation, religion, political or
other opinion, national, social or geographical origin, disability, property, birth or other status
as established by human rights standards.
Participation and Inclusion: All people have the right to participate in and access information
relating to the decision-making processes that affect their lives and wellbeing. Rights-based
approaches require a high degree of participation by communities, civil society, minorities,
women, young people, indigenous peoples and other identified groups.

Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of
human rights. In this regard, they have to comply with the legal norms and standards enshrined in
international human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled
to institute proceedings for appropriate redress before a competent court or other adjudicator in
accordance with the rules and procedures provided by law. Individuals, the media, civil society and the
international community play important roles in holding governments accountable for their obligation to
uphold human rights.

THE LAWS AND DECLARATION THAT PROTECT HUMAN RIGHTS

Amnesty International
WHAT IS THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND WHY WAS IT
CREATED?

The Universal Declaration of Human Rights (UDHR) is a document that acts like a global road
map for freedom and equality – protecting the rights of every individual, everywhere. It was the
first time countries agreed on the freedoms and rights that deserve universal protection in order
for every individual to live their lives freely, equally and in dignity.

The UDHR was adopted by the newly established United Nations on 10 December 1948, in
response to the “barbarous acts which […] outraged the conscience of mankind” during the
Second World War. Its adoption recognized human rights to be the foundation for freedom,
justice and peace.

Work on the UDHR began in 1946, with a drafting committee composed of representatives of a
wide variety of countries, including the USA, Lebanon and China. The drafting committee was
later enlarged to include representatives of Australia, Chile, France, the Soviet Union and the
United Kingdom, allowing the document to benefit from contributions of states from all regions,
and their diverse religious, political and cultural contexts. The UDHR was then discussed by all
members of the UN Commission on Human Rights and finally adopted by the General Assembly
in 1948.

The Declaration outlines 30 rights and freedoms that belong to all of us and that nobody can take
away from us. The rights that were included continue to form the basis for international human
rights law. Today, the Declaration remains a living document. It is the most translated document
in the world.
WHAT IS IT DESIGNED TO DO?

The UDHR is a milestone document. For the first time, the world had a
globally agreed document that marked out all humans as being free and
equal, regardless of sex, colour, creed, religion or other characteristics.

The 30 rights and freedoms set out in the UDHR include the right to be free
from torture, the right to freedom of expression, the right to education and
the right to seek asylum. It includes civil and political rights, such as the rights
to life, liberty and privacy. It also includes economic, social and cultural
rights, such as the rights to social security, health and adequate housing
E

Universal Declaration of Human Rights

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the rule of
law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights
of men and women and have determined to promote social progress and better standards of life
in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation with the United
Nations, the promotion of universal respect for and observance of human rights and fundamental
freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for
the full realization of this pledge,

Now, therefore,
The General Assembly

proclaims

This Universal Declaration of Human Rights

as a common standard of achievement for all peoples and all nations, to the end that every
individual and every organ of society, keeping this Declaration constantly in mind, shall strive by
teaching and education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and among the peoples of
territories under their jurisdiction.

Article I

All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or

international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms. Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.

Article 11

(1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees necessary
for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of each
State.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical
crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality. Article 16

(1) Men and women of full age, without any limitation due to race, nationality or religion, have
the right to marry and to found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.
Article 17

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21

(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.

(2) Everyone has the right to equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself
and his family an existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

Article 25

(1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible
to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy
the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth
in this Declaration can be fully realized.

Article 29

(1) Everyone has duties to the community in which alone the free and full development of
his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just requirements of morality,
public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.

THE HUMAN RIGHT SITUATION IN THE PHILIPPINES

*DRUG WAR KILLINGS

*ATTACKING JOURNALIST
obligations of every
citizen in democratic
society:
1. TO BE LOYAL TO THE
REPUBLIC. This means
that we have faith and
confidence in the
Republic and love and
devotion to the country.
We have to be proud being
a Filipino, respect
our customs, traditions,
language and
institutions.
2. TO DEFEND THE STATE.
Considering the fact
that our country is our
home, it is our prime
duty to love and defend the
state at all costs
regardless of our creed,
religious beliefs, and
wisdom.
3. TO CONTRIBUTE TO THE
DEVELOPMENT AND
WELFARE OF THE STATE.
We are a part of the
state and we directly
receive the benefits from
the government in the form
of infrastructure,
peace and order, etc. in
return, how can we
contribute to the
development and welfare of
the state? We can do this in
the form of paying
taxes willingly and
promptly, by helpin
THE PHILIPPINE
CONSTITUTION
What is a Philippine
Constitution?
- Constitution refers to
“that body of rules
and maxims in accordance
with which the
powers of sovereignty
are habitually
exercised.
What is Constitution of the
Philippines?
- Constitution of the
Philippines may be
defined as that written
instrument by
which the fundamental
powers of the
government are
established limited, and
define and by which
these powers are
distributed among the
several
departments or branches
for their safe
and usefulness exercise for
the benefit of
the people
THE PHILIPPINE
CONSTITUTION
What is a Philippine
Constitution?
- Constitution refers to
“that body of rules
and maxims in accordance
with which the
powers of sovereignty
are habitually
exercised.
What is Constitution of the
Philippines?
- Constitution of the
Philippines may be
defined as that written
instrument by
which the fundamental
powers of the
government are
established limited, and
define and by which
these powers are
distributed among the
several
departments or branches
for their safe
and usefulness exercise for
the benefit of
the peo