polsc2 11 introduction to bill of rights
DESCRIPTION
Philippine ConstitutionTRANSCRIPT
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