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HUMAN RIGHTS EDUCATION

4
“HUMAN RIGHTS EDUCATION”

MR. PATRICK CABRERA, RCRIM


NO. 4
HUMAN RIGHTS EDUCATION

WHAT IS HUMAN RIGHTS?


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HUMAN RIGHTS EDUCATION

HUMAN RIGHTS
• Those rights, which are inherent in our nature and without it we cannot
live as a human being
• These are inherent to all human beings, regardless of race, sex,
nationality, ethnicity, language, religion or any other status
• These include the right to life and liberty, freedom from slavery and
torture, freedom of expression and opinion and the right to work and
education
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HUMAN RIGHTS EDUCATION

PRINCIPLE OF HUMAN RIGHTS

• The dignity if a man and human life is inviolable. From the


dignity of man is derived the right of every person to free
development of his personality

• A legitimate state should exist to ensure that in the


discharge of government functions, the dignity that is the
birthright of every human being is duly safeguard
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HUMAN RIGHTS EDUCATION

LEGAL DOCUMENT OR INSTRUMENT IN WHICH


HUMAN RIGHTS ARE EXPRESSED AND GUARANTEDED

1. Universal Declaration of Human Rights which was adopted by the


United Nations General Assembly on December 10, 1948 is
considered the catalogue of human rights
2. From the UDHR: International Covenant on Civil and Political Rights
(ICCPR); and International Covenant on Economic, Social and
Cultural Rights (ICESCR). These were adopted in 1966 and are legally
binding on all states that ratify them

*****These three Comprise the INTERNATIONAL BILL OF HUMAN RIGHTS*****


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HUMAN RIGHTS EDUCATION

HUMAN GUARANTEED UNDER PHILIPPINES LAWS

1. CIVIL AND POLITICAL RIGHTS (Article III, Bill of Rights)


2. ECONOMIC, SOCIAL AND CULTURAL RIGHTS (Article XII on National Economy and
Patrimony; Article XIII on Social Justice and Human Rigths including Labor, Agrarian and
Natural Resources Reform, Urban Land Reform and Housing, health Women and Rigth’s of
People’s Organization; Article XVI on Education, Science and Technology, Arts, Culture and
Sports and Article XV on the Family)
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HUMAN RIGHTS EDUCATION

STATE OBLIGATION CORRESPONDING TO HUMAN RIGHTS


1. TO RESPECT
it constitutes a negative obligation, or duty to refrain from doing acts that
would interfere with these rights. Most civil and political rights are negative
rights because that state is enjoined not to perform any acts would interfere
with them.
2. TO PROTECT
It requires the state to enact laws as well as to create mechanism to prevent
human rights violation either by the State authorities and/or agents as well
as by non-state actors
3. TO FULLFILL
It is a positive obligation as it obliges the state to take positive actions to
facilitate the realization or enjoyment of these rights
NO. 4
HUMAN RIGHTS EDUCATION

CHARACTERISTICS OF HUMAN RIGHTS


1. INHERENT- it means that is not granted by any person or authority
2. FUNDAMENTAL- Without them the life and dignity of man will be meaning less
3. INALIENABLE- It cannot be taken away from a free individual. It cannot be given away, taken
or forfeited
4. IMPRESCRIPTIBLE- It cannot be lost even if man fails to use or assert them, even by a long
passage of time
5. INDIVISIBLE- It is not capable of being divided. It cannot be denied even when other rights
have already been enjoyed
6. UNIVERSAL- It applies irrespective of one’s origin status or condition or place where one
lives. It can be forced regardless or territorial borders
7. INTERDEPENDENT AND INTERRELATED- Each one contributes to the realization of person’s
human dignity through the satisfaction of his or her development, physical, psychological
and spiritual needs
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HUMAN RIGHTS EDUCATION

CLASSIFICATION OF RIGHTS

1. Natural Rights- God-given rights, acknowledge by everybody to be


morally good. Unwritten but prevails as norms of the society
2. Constitutional rights- Confered and protected by the constitution
and which cannot be modified or taken away by the law-making
body
3. Statutory Rights- These are rights which are provided by law
promulgated by the law-making body. May be abolished by the body
that created them.
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HUMAN RIGHTS EDUCATION

ACCORDING TO RECIPIENT
1.INDIVIDUAL RIGHTS- Rights that are required to live
a free and equitable life and cannot be interfered
with or denied by the government or other
individuals. (Civil Rights)
2.COLLECTIVE RIGHTS- People’s rights or solidarity
rights. Rights of the society those can be enjoyed
only in company with others
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HUMAN RIGHTS EDUCATION

ACCORDING TO ASPECT OF LIFE


1. Civil Rights- These are rights that belong to every citizen of the state
or country or in a wider sense
2. Political Rights- These refer to the right to participate, directly or
indirectly in the establishment or administration of government.
3. Economics and Social Rights- These refers to those rights that the
law confers upon the people to enable them to achieve social and
economic development (e.g. The rights of suffrage and the right to
hold public office)
4. Cultural Rights- These are rights that ensure the well-being of the
individual and foster the preservation, enrichment, and dynamic
evolution of nation culture based on the principle of unity in
diversity in a climate of free artistic and intellectual expression
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HUMAN RIGHTS EDUCATION

ACCORDING TO STRUGGLE
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HUMAN RIGHTS EDUCATION

FIRST GENERATION RIGHTS

• First-generation rights, also known as civil and political


rights, primarily focus on individual freedoms and the
protection of individuals from government overreach. These
rights are often enshrined in legal documents like the
Universal Declaration of Human Rights (UDHR) and the
International Covenant on Civil and Political Rights (ICCPR).
Here are some key aspects:
NO. 4
HUMAN RIGHTS EDUCATION

•Right to Life: The fundamental right that protects individuals from arbitrary
deprivation of life.
•Freedom from Torture and Inhumane Treatment: Prohibits torture, cruel,
inhuman, or degrading treatment or punishment.
•Freedom of Speech and Expression: Protects the right to express opinions
and ideas without censorship or restraint.
•Right to Privacy: Ensures that individuals have the right to privacy in their
personal and family life, home, and correspondence.
•Right to a Fair Trial: Guarantees the right to due process and a fair hearing in
legal matters.
•Freedom of Assembly and Association: Protects the right to peacefully
assemble and associate with others.
•Right to Vote: Ensures that citizens have the right to participate in the political
process, including voting in elections.
•Freedom of Religion: Protects the right to practice any religion or none at all,
and to change one's religion.
NO. 4
HUMAN RIGHTS EDUCATION

SECOND GENERATION RIGHTS

Second-generation rights, also known as economic,


social, and cultural rights, focus on ensuring
individuals have access to essential resources and
opportunities that promote well-being and
development. These rights emphasize the role of the
state in providing and protecting these rights. Key
aspects include:
NO. 4
HUMAN RIGHTS EDUCATION
•Right to Work: Ensures the opportunity to gain a living through freely
chosen or accepted work, including fair wages and safe working conditions.
•Right to Education: Guarantees access to education for all, promoting the
right to learn and develop skills necessary for personal and societal growth.
•Right to Health: Protects the right to a standard of health that allows for a
decent life, including access to healthcare services and necessary
medicines.
•Right to Social Security: Ensures individuals have access to social
services and benefits in times of need, such as unemployment, disability, or
old age.
•Right to an Adequate Standard of Living: Includes the right to sufficient
food, clothing, housing, and continuous improvement of living conditions.
•Right to Participate in Cultural Life: Protects the right to enjoy and
contribute to cultural activities, including the preservation of cultural
heritage.
•Right to Family Life: Acknowledges the importance of family and the right
to marry and found a family.
NO. 4
HUMAN RIGHTS EDUCATION

THIRD GENERATION RIGHTS


Third-generation rights, often referred to as collective
or solidarity rights, focus on the rights of groups and
communities rather than just individuals. These rights
emphasize global and communal interests and
highlight the interconnectedness of people across
borders. Key aspects include:
NO. 4
HUMAN RIGHTS EDUCATION

•Right to Development: Asserts that all peoples have the right to participate in
and benefit from economic, social, cultural, and political development.
•Right to a Healthy Environment: Recognizes the importance of a sustainable
environment and the right of individuals and communities to live in a safe,
clean, and healthy environment.
•Right to Peace: Emphasizes the importance of peace as a fundamental
condition for the realization of human rights and the well-being of individuals
and communities.
•Right to Self-Determination: Affirms that peoples have the right to determine
their political status and pursue their economic, social, and cultural
development.
•Cultural Rights: Highlights the right of communities to maintain and develop
their cultural identities and practices.
•Rights of Future Generations: Acknowledges the responsibility to protect the
rights and well-being of future generations, particularly regarding environmental
sustainability.
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HUMAN RIGHTS EDUCATION

ACCORDING TO DEROGABILITY
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HUMAN RIGHTS EDUCATION

ABSOLUTE OR NON-DEROGABLE
Human rights can be categorized according to
derogability, which refers to the ability of a state to
limit or suspend certain rights under specific
circumstances, such as during a state of emergency.
The concept of derogability is important in
international human rights law, as some rights are
deemed so fundamental that they cannot be
suspended, while others may be restricted
temporarily under strict conditions.
NO. 4
HUMAN RIGHTS EDUCATION

•Right to life: Protection against arbitrary deprivation of


life.
•Freedom from torture: Prohibition of torture, cruel,
inhuman, or degrading treatment or punishment.
•Freedom from slavery and servitude: Absolute
prohibition of slavery or forced labor.
•Freedom from retrospective penal laws: Protection
from being tried or punished for an act that was not a
crime when it was committed.
•Recognition as a person before the law: The right to
be recognized as a person in legal terms.
NO. 4
HUMAN RIGHTS EDUCATION

These rights are protected even in times of war,


emergency, or public danger
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HUMAN RIGHTS EDUCATION

DEROGABLE
Derogable rights can be temporarily limited or
suspended during emergencies, such as national
crises, provided that certain conditions are met, such
as the derogation being necessary, proportionate, and
limited in duration. Examples of derogable rights
include:
NO. 4
HUMAN RIGHTS EDUCATION

•Freedom of movement: This can be restricted


during situations like martial law or national
lockdowns.
•Freedom of expression: It can be limited to
maintain public order, national security, or public
health.
•Right to privacy: May be restricted during a
state of emergency for reasons such as national
security.
•Freedom of assembly and association: Can
be limited for public safety or in emergencies.
NO. 1
SPECIAL CRIME INVESTIGATION 2 WITH
SIMULATION TO INTERROGATION AND
INTERVIEW

“The only One who can


define yourself is you”

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