NSTP-1.pptx human rights lesson 4 in NSTP 1st Year 2024
- 2. 4.1 Definition of Terms What is the human rights? 1. Art II, Sec 11 of the Philippines Constitution provides that “the state values the dignity of every human person and guarantees full respect for Huamn rights.” 2. Article III, the Bill of Rights protects the rights of every Filipino Citizen.
- 3. 3. The United Nation (UN) defines human rights as those rights, which are inherent in our nature and without which we cannot live as human beings. 4. The Philippine Commission on Human RIghts (PCHR) on the other hand defines it as those rights that are supreme, inherent and inalienable rights to life, dignity and self development.
- 4. What is the human rights? Human Rights are inherent in the sense that as human beings we are born equak in dignity and in rights. Under the Philippine law, human rights start from the moment of conception such as the right to life. It also refers to those individuals rights and freedom that pertain to the human person highlighted in the UDHR (Universal Declaration of Human Rights) by reason man’s humanity, whether they are Civil, Political, Economis, Social and Cultural Rights.
- 5. 4.2 Seven (6) United Nations International Human Rights Treaties/ Declarations 1. Universal Declaration Of Human Rights. 2. International Covenant on Economic, Social, Cultural Rights. 3. Convention on the Rights of the Child. 4. Convention on the Elimination of Discrimination Againts Women. 5. International Convention on the Rights of Migrant Workers and their Families. 6. Convention on the Elimination of Racila Discrimination.
- 6. 4.3 Classification of Human Rights 4.3.1 According to Source a. Natural/Moral Rights~ God given rights acknowledged by everybody to be morally good. These right are unwritten but they prevail as norms of society. They are accepted based on the conscience of mankind. (e.g Right to life, Dignity and Self Development) b. Legal Rights 1. Constitutional RIghts~ Those rights guaranteed in the Constitution. (Art III ~ Bill of Rights of the 1987 Constitution)
- 7. B. Legal Rights a. Right to Life b. Freedom of Speech c. Freedom of the press and assembly d. Freedom of religion e. Right to Privacy f. Right to private correspondence g. Right of abode & Travel h. Right to own & inherent property i. Equal protection of the Law j. Right to remain silence
- 8. B. Legal Rights k. Right to peaceful assembly l. Right to meet a witness face to face m. Right to due process of law (a law which hears before it condems) n. The right to kno your rights (Miranda Doctrine) o. Right againts degrading and cruel treatment 2. Statutory Rights - Those prmulged and passed by legitative body.
- 9. 4.3.2 According to Aspect of life A. CIvil Rights - These rights guarantee people from abuse of agents of the state in the exercise of the inherent power states; Power of Taxation Power of Eminent Domain Police power B. Political Rights- Those rights which enable us to participate in running rhe affairs of the government either directly or indirectly, (e.g, right to vote and be voted upon, right to information on matters of public interest or concern, right to initiative and referendum). C. Economic, Social and Cultural Rights- Those rights of the people to self determination anf to pursue economic, social and cultural development and financial security. Social Rights Economic Rights Cultural Rights
- 10. 4.3.3 According to its Derogability A. Absolute or non-derogable are rights that cannot suspended, restricted, limited or taken away even in emergency situations. There are seven rights listed as absolute righst under the international convenant on Civil & Political Rights as follows; 1. Right to life 2. Right againts torture and cruel, inhuman or degrading treatment 3. Right to be recognized as a person before the law 4. Freedom againts slavery and servitude 5. Right not to be imprisoned due to non-payment of debt to poverty. 6. Freedom of religion 7. Right againts ex post facto laws B. Non-absolute or degrable rights can be suspended or taken and may be limited due to public morality, welfare and security.
- 11. 4.3.4 According to Recipient Individual Rights are those rights being accorded to individuals Collective Rights are rights of the society, those that can enjoyed only in compay with others..
- 12. 4.4 Human RIghts Principles These are essential conditions to facilitate the definite enjoyment of rights. 1. Accountablity- (answerability/liability) - The government is answerable to those it governs. the government are responsible to all decisions and action. The primary responsibility in promoting and protecting human rights reside in the government. 2. Attention to vulnerable groups- Special attention and importance must be given to the promotion and protection of human rights of those belonging to vulnerable groups or marginalize sectors of society namely: - Women -Children - Elderly - Youth - Prisoners - Indigenous people - Persons with disabilities
- 13. 3. Empowerment ~ “Sovereignty resides in the people and government authority emanates from them”. Sovereignty is the power to act for and on their own behalf to claim their rights. 4. Equality and Non discrimination ~ All persons are entitled to and should enjoy human rights on equal basis. 5. Equity ~ One has to be fair, just and impartial in ensuring respect, protection and promotion of fundamental rights and freedom. 6. Good Governance ~ refers to the proper way of handling the management of the government with involvement of people concerned. 7. Indivisibility ~ Human rights are not piecemeal rights and freedom, hence, not capable of division 8. Interdependence and Interrelatedness ~ The fulfillment, enjoyment, or exercise of a particular right cannot be attained without the realization of the other rights.
- 14. 9. Legistative Capacity ~ The legislature must formulate laws that promote and protect the inherent dignity of every human being. 10. People’s Participation ~ The human person is the center of development. 11. Transparency ~ The paramount aspect of governance is transparency which is mirrored in well informed constituents. 12. Universality ~ Human rights are endowed to every human being woithout distinction regardless of race and nationality.
- 15. 4.5 Rights of Student in School (Education Act of 1982) Section 9. Rights of Students in school. In addition to other rights and subject to the limitations prescribed by law and regulations, students and pupils in all schools shall enjoy the following rights; 1. The right to recieve, primarily through competent instruction, relevant quiality education in line with national goals and conductive to their full development as persons with human dignity. 2. The right to freely choose their field and study subject to existing curricula and to continue their course there in up to graduation, except in cases of academic deficiency or violation of disciplinary regulations. 3. The right to school guidance and couseling services for making decisions and selecting the alternative in field of work suited to his potentialities. 4. The right to access one’s own school records, the confidentiality of which the
- 16. 5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials, and other similar documents within thirty days from request. 6. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia, and other activities of similar nature. 7. The right to free expression of opinions and suggestions, and toeffective channels of commuication with appropriate acadernic and administrative bodies of the school or institution. 8. The right to form, establish, join, and participate in 9. organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join, and maintain organizations and societies for purposes not contrary to law. The right to be free from involuntary contributions, except thoseapproved by their own organizations or societies. 4.6 Duties and Responsibilities of Students (Sec. 15, Education Act of 1982)
- 17. In addition to those provided for under existing laws, every student shall: 1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society. 2. Uphold the academic integrity of the school, endeavor to achieve academic excellence, and abide by the rules and regulations 3.Governing his academic responsibilities and moral integrity. . Promote and maintain the peace and tranquility of the school by observing the rules of discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel. 4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate, and orderly society. 5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare, and of the rights of others.
- 18. 4.7 Sexual Harassment is a violation of human rights Sexual Harassment is an act or series of acts involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government employee or official in a work-related, training or education- related environment of the person complained of.
- 19. 4.7.1 Forms of Sexual Harassment a. Physical 1 Malicious touching 2. Overt sexual advances 3. Gestures with lewd insinuation b. Verbal, such as but not limited, to requests or demands for sexual favors, and lurid remarks c. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings d. Other forms analogous to the foregoing
- 20. Sexual Harassment committed in an education or training environment: 1. Against one who is under the care, custody, or supervision of the offender; 2. Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender; 3. When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance, or other benefits, privileges or considerations: or 4. When the sexual advances result in an intimidating, hostile offensive environment for the student, trainee, or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another, without which it would not have been committed, shall also be held liable under this Act.