polsc2 11 introduction to bill of rights

Bill of Rights

Human Rights

are not the making of philosophers, or lawyers or commissions or of parliaments

they are not fruit of philosophical ideas

are born out of the concrete struggle of the people

Senator Jose W. Diokno . . . . .

“HUMAN RIGHTS are more than legal concepts: they are the essence of man; deny them and you deny man’s humanity”

What is Human Rights?

• (United Nations) are generally defined as those rights which are inherent in our nature and without which we cannot live as human beings

• (CHR) the supreme inherent and inalienable rights to life, to dignity and to self development. It is the essence of this rights that makes man human

Bill of Rights

• A declaration and enumeration of a person’s rights and privileges which the constitution is designed to protect against violations by the government or by an individual or groups of individuals.

Classes of Rights

1. Natural rights– Those rights possessed by every

citizen without being granted by the state for they are given to man by God as a human being created to His image so that he may lived a happy life

Classes of Rights

2. Constitutional rights

They are those rights which are conferred and protected by the Constitution

Classes of Rights

3. Statutory rights– Rights that are provided by laws

promulgated by the law-making body and, consequently, may be abolished by the same body

Constitutional rights

Political rights Civil rights

Social and Economic

Rights

Rights of the Accused

Constitutional rights

• Political rights– Rights of the citizens which give them

the power to participate, directly or indirectly, in the establishment or administration of the government

– Example: right of citizenship, right to suffrage

Constitutional rights

• Civil rights– Rights that the law will enforce at the

instance of private individuals for the purpose of securing them the enjoyment of their means of happiness

– Examples: right to due process of law, religious freedom, liberty of abode

Constitutional rights

• Social and economic rights – They include those rights which are

intended to insure the will-being and economic security of the individual.

– Examples: right to property, right to just compensation for private property taken for public use

Constitutional rights

• Why political and civil rights can only be fully enjoyed if the social and economic rights are ensured?

Constitutional rights

• Rights of the accused– They are the (civil) rights intended for

the protection of a person accused of any crime

– Examples: right against unreasonable search and seizure, the right to presumption of innocence, and the right to a speedy, impartial and public trial

Classify the following rights into political, civil, social and economic rights or rights of the accused

1. Right to life2. Freedom from torture or cruel,

inhuman or degrading treatment

3. Freedom from slavery4. Right to liberty and security of

persons5. Freedom of movement6. Right to equality before the law7. Rights of accused persons8. Right against retroactive penal

laws9. Right to recognition as a person

before the law10. Right to privacy11. Rights to children

12. Right to social security13. Marriage and family rights14. Right to adequate standard of

living15. Right to health16. Right to education17. Right to culture, arts and

science18. Right to remain silent19. Freedom of speech20. Right against cruel, degrading,

or inhuman punishment

Reading assignment

Section 1, Article 3 of the 1987 Philippine Constitution– Aspects of due process of law– Persons protected– Meaning of life, liberty, and property– Meaning of equal protection of the laws