Concepts of human rights

Chapter 8

                                  Concepts of human rights

The Philippines observes National Human Rights week every December 3-10 in accordance with proclamation No.177 promulgated by President Aquino in 1987. There are three important documents that the Philippines recognize in upholding the human rights of individuals. These are:

·         INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

·         UNIVERSAL DECLARATION OF HUMAN RIGHTS

·         1987 CONSTITUTION

What is Human Rights?

§  Human Rights are generally defined as those rights, which are inherent in our nature, and without which we cannot live as human beings.

-Phil.Commission on Human Rights

§  International norms that help to protect all people everywhere form serve political, legal, and social abuses.

THREE GREAT POWERS OF GOVERNMENT

1.      POLICE POWER

v  PUBLIC HEALTH

v  PUBLIC SAFETY

v  PUBLIC WELFARE

v  PUBLIC MORALS

2.      POWER OF EMINENT DOMAIN

3.      POWER OF TAXATION

CLASSES OF RIGHTSOF CITIZENS

1.      NATURAL RIGHTS

2.      CONSTITUTIONAL RIGHTS

v  POLITICAL RIGHTS

v  CIVIL RIGHTS

3.      STATUTORY RIGHTS

INDIVIDUAL RIGHTS IN RELATION TO SOCIETY AND STATE AUTHORITY

Rights refer to one’s privileges to claim and do what he is justly entitled to.

Freedom means to be free to do anything at will without prior restraint.

There are five human rights enumerated in this section. These are:

1.      Right to Life

2.      Right to Liberty

3.      Right to Property

4.      Right to Due Process of Law

5.      Right to Equal Protection of the Laws

Due process of law

It is also a right enshrined in the constitution. It has two aspects-procedural due process and substantive due process.

  Procedural due process

v  This refers to the manner or procedure which must be followed in the enforcement or application of law.

Substantive due process

v  This means that the law to be apply should be valid just and not arbitrary

v  When a warrantless arrest is considered lawful

v  A peace officer can arrest a person only if there is a valid warrant but Sec. 5 of Rules of Court; provides exceptions.

The bid for a warrantless arrest

On July 9;1990 the supreme court handed down a very controversial decision; which caused militant groups and advocates of human rights to take to the streets in vigorous protests.

RIGHT TO PRIVACY
- Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letters is a personal and private matter that nobody should intrude upon.
THE PRIVACY OF COMMUNICATION IS PROTECTED BY SECTION 3:
1. the privacy of communication and correspondence shall be inviolable  except upon lawful order requires otherwise as prescribed by law.
2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

FREEDOM OF EXPRESSION

Section 4 provides that. “No law shall be passed abridging the freedom of speech’ of expression of the press or the right of the people peaceably to assemble and petition the government for redress of grievances.”

FREEDOM OF SPEECH means an individual is free to speak whatever he wants without prior restraint.

FREEDOM OF THE PRESS means an individual is free to write, publish, and circulate whatever he pleases without restraint.

IMPORTANCE OF THE FREEDOM OF SPEECH

1.It encourages exploration of ideas and dissemination of knowledge, which are of public benefit and interest.

2. It enables the citizens to be informed of government acts and policies.

3. It brings government officials to the bar of public opinion and criticism in the exercise of their duties.

4. It helps prevent irregularities in any department of the government.

RELATIONSHIP OF THE FREEDOM OF EXPRESSION TO THE RIGHT TO ASSEMBLY RIGHT TO PETITION AND FREEDOM OF RELIGION

-The assembly of people requires dissemination of information publication of announcement and the exercise of free speech and of the press

THE PROHIBITATION ON PRIOR RESTRAIN

     PRIOR RESTRAIN means that restriction on the press and other forms of expression are imposed by the government in advance before the actual publication and circulation.

   EXAMPLE: are those that require license and permits to publish.

THERE ARE THREE STANDARDS IN REGULATING FREEDOM OF EXPRESSION (Bernas. S.J. 1997).

1. THE DANGEROUS TENDENCY RULE
2. THE CLEAR AND PRESENT DANGER RULE
3. THE BALANCING OF INTERESTS RULE

Rights to form Associations

•      section 8 provides that “the right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.”

Right to Own and Dispose Property

The following are the conditions for or limitations upon the exercise of the right to own and dispose property:

1. Existence of public use – it refers to the broad concept that covers anything that may be beneficial to the community.
2. Payment of just compensation – the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking.
3. Observance of due process of law in the taking – the owner shall have due notice and hearing in the expropriation proceedings especially if the owner of the private property is against selling it to the government.

Rights of the Accused

Specifically, these rights underlie the following:

1. A criminal case is an unequal contest between the accused and the government since all criminal offences are public crimes that the government must prevent.
2. A criminal accusation is a very serious matter. Whether you are guilty or not, you and your family will suffer immeasurably if you are accused of a criminal offence.
3. The protection of the innocent must be ensured.

4. the rights against being held secret incommunicado or similar forms solitary detention

       5)  The right to bail and against excessive bail.

6)      The right to due process of law

7)      The right to presumption of innocence.

8)      The right to be heard by himself.

9)      The right to be informed of the nature and cause of accusation against him.

10)  The right to have a speedy, impartial, and public trial.

11)  The right to meet the witnesses face to face.

12)  The right to have compulsory process to secure the attendance of the witnesses and the production of evidence in his behalf.

13)  The right against self-incrimination.

14)  The rights against detention by reason of political beliefs and aspirations.

15)   the right against excessive fines.

16)  the rights against cruel, degrading, in human punishment.

17)    the right against infliction of the death penalty except for heinous      crimes.

18)   the rights against double jeopardy.

Requisites for the existence of double Jeopardy (Ibid., 1997)

There is double Jeopardy if the following conditions are present:

1. The accused has been previously brought to trial.
2. In a court of competent jurisdiction.
3. Under a valid complaint or information which is sufficient in form and substance to sustain a conviction.
4. He has been arraigned and pleaded either guilty or not guilty to the charge.
5. He has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his expressed consent.
6. He has been charge again for the same offense.

Privilege of a Writ of Habeas Corpus

•      Section 15 states, “the privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

Ø  Suspension of the privilege of the Writ of Habeas Corpus

The president can suspend the privilege of the writ of habeas corpus but only in the following cases:

1. Invasion or rebellion
2. When public safety requires it

 reflection: concept of human right is the right of a person to have a fair justice and how to defend his/her self. Everyone has the right to fight for themselves being a human. Thats why we should know this so that no one can abuse others.