Citizen and Public Rights

8/2/2019 Citizen and Public Rights

1/32

THE CITIZENS AND PUBLIC:Their Civil, Political

and Human Rights

Baysic, Kevin Keith M.POSC14


2/32

What is Human Rights?

United Nations Definition

Human Rights are generally defined as those rights which are

inherent in our nature and without which we cannot live as human

beings.

CHRPs Definition

Human rights are the supreme, inherent and inalienable

rights to life, to dignity and to self-development. It is the

essence of these rights that makes man human.


3/32

Classification of Rights

According to source

According to recipient

According to aspect of life

According to struggle

According to recipient


4/32

According to source

Natural rights

God-given rights, acknowledged by everybody to be morally good.

They are unwritten but they prevail as norms of the society

Constitutional rights

Rights guaranteed by the Constitution.

Statutory rights

Rights enacted by Congress.

Put together, constitutional rights and statutory rights

are sometimes referred to as legal rights.


5/32


6/32

According to the aspect of life

Civil rights

Those that the law will enforce at the

instance of private individuals for the purpose of

securing to them the enjoyment of their meansof happiness.

Political rightsThose rights which enable us to participate in

running the affairs of the government either

directly or indirectly.


7/32

Economic and social rights

Those which the law confers upon the people to enablethem to achieve social and economic development, thereby

ensuring them their well-being, happiness and financial

security, like right to property, education, promotion of

social justice.

Cultural rights

Those 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.


8/32

According to struggle andrecognition

First generation, first kind of rights

that people clamored and fought for.

These are the civil and political rights.

Second generation of rights are the

economic, social and cultural rights

Third generation of rights are thecollective rights


9/32

According toderogability :

Under the InternationalCovenant on Civil and PoliticalRights,

the non derogable rights are:

1 Right to life

2.Right against torture or cruel,inhuman or degrading treatment orpunishment

3. Right to recognition everywhereas a person before the law

4. Freedom from slavery andinvoluntary servitude

5. Right not to be imprisoned

merely on the ground of inability tofulfill a contractual obligation

6. Right against expost fact laws

7. Right to freedom of thought,conscience and religion

Non-derogableor absolute

rights

cannot besuspended or taken

away even onextreme emergency.


10/32

Three conditions should bepresent before a right can

be limited/ curtailednamely:

1.It is only publiclyannounced or legislated, itis not by officials whimonly;

2.There is a state ofemergency which requiresthe urgent preservation ofthe public moral, publicsafety and public good; and

3.There must be a timelimit.

Derogable orrelative rights

It can be suspendedor taken and maybelimited dependingon circumstances


11/32

NATURE OF STATE OBLIGATION

OBLIGATION OFCONDUCT

States mustrespect humanrights limitationsand constraints on

their scope ofaction.

OBLIGATION OFRESULT

States are obligedto be active intheir role asprotector andprovider.


12/32

OBLIGATION TO FULFILL OBLIGATION TO FACILITATE

requires the state to activelycreate conditions aimed atachieving full realization ofhuman rights.

*requires the state to take

necessary measures to ensurethat each individual has theopportunity to obtain theentitlements of human rightsthat can not be secured bypersonal or individual effortsalone.

* considered the mostintervention obligation and

programme obligation.

OBLIGATION TO PROVIDE

When individuals orgroupsare unable to realize theirrights bythe means at theirdisposal, for reasons

beyond their control, the statehas the obligation to provide

the right inquestion.


13/32

DUTIES OF INDIVIDUALSTOWARDS HUMAN RIGHTS

Duties of individuals vested with

authority to respect, protect and

promote human rights.

Duties of individuals to exerciserights responsibly.

General duties of individualstowards others and community


14/32

THE BILL OF RIGHTS

(Part II: Legal &

Political Rights)


15/32

LEGAL AND

POLITICAL RIGHTSUNDER ARTICLE III


16/32

Article III, Section 1

The right to due

process of law

The right to equalityunder the law


17/32


Protection against unwarranted searches and arrests

Basis of warrants: probable cause

Warrants must always be specific


18/32


Speaks of the right to haverecourse to thejudicialsystem

Enshrines the right toequality under the law


19/32


The right to a speedy trial

Justice delayed is justicedenied


20/32


Freedom from politicalpersecution

Freedom from forcedlabor unless aspunishment arising from a

conviction


21/32


Miranda rights

Permissible use ofpolice

powerAdmissible confessions

The right to redress in theevent of a violation of theserights


22/32


Right to bail

Extends to all crimes that do not constitute a capitaloffense or merit life sentences (i.e. 40 years)

Bail should always be reasonable


23/32


Right to due process of law in

criminal casesInnocent until proven guilty

The right to confront ones accusers

Basis for trials in absentia


24/32


Criteria for determining guilt:

Confession

Prima facie evidence

Reasonable doubt


25/32


Right against self-incrimination

Affirms the right of the accused to remainsilent

Taking the fifth


26/32


Writ ofhabeas corpus

An order demanding to produce the body of a detained prisoner

Similarly demands that sufficient cause be shown for keeping the individualin custody

Limitations of the writ

Rebellion or invasion


27/32


Right againstexcessive fines

Right to reasonable

and humanepunishment


28/32


Principle ofDouble Jeopardy

A person tried for an offense cannot betried/punished for that same offense whenjudgment has been passed

Protects against undue persecution under the

law


29/32


Freedom from debtors prisons

Ensures one is not punished due to

poverty

State power should not be used tocoerce payment of debts

Poll Tax

a fixed, residence tax


30/32


Protection from retroactive lawsEx post facto= Arising after the fact

Bill of Attainder

legislative act that inflicts punishment without atrial


31/32

No cause is more worthy than thecause of human rights. Human rights aremore than legal concepts; they are theessence of man. They are what make

man human. That is why they are calledhuman rights: deny them and you denymans humanity.

-Sen. Jose W. Diokno


32/32

Thank you!!

Have a good

day!!

Citizen and Public Rights

Documents

Transcript of Citizen and Public Rights