Deaton US History. What Rights do you have as a citizen? Citizen Rights.
Citizen and Public Rights
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Transcript of Citizen and Public Rights
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THE CITIZENS AND PUBLIC:Their Civil, Political
and Human Rights
Baysic, Kevin Keith M.POSC14
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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.
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Classification of Rights
According to source
According to recipient
According to aspect of life
According to struggle
According to recipient
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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THE BILL OF RIGHTS
(Part II: Legal &
Political Rights)
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LEGAL AND
POLITICAL RIGHTSUNDER ARTICLE III
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Article III, Section 1
The right to due
process of law
The right to equalityunder the law
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Article III, Section 2
Protection against unwarranted searches and arrests
Basis of warrants: probable cause
Warrants must always be specific
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Article III, Section 11
Speaks of the right to haverecourse to thejudicialsystem
Enshrines the right toequality under the law
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Article III, Section 16
The right to a speedy trial
Justice delayed is justicedenied
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Article III, Section 18
Freedom from politicalpersecution
Freedom from forcedlabor unless aspunishment arising from a
conviction
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Article III, Section 12
Miranda rights
Permissible use ofpolice
powerAdmissible confessions
The right to redress in theevent of a violation of theserights
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Article III, Section 13
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
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Article III, Section 14
Right to due process of law in
criminal casesInnocent until proven guilty
The right to confront ones accusers
Basis for trials in absentia
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Article III, Section 14
Criteria for determining guilt:
Confession
Prima facie evidence
Reasonable doubt
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Article III, Section 17
Right against self-incrimination
Affirms the right of the accused to remainsilent
Taking the fifth
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Article III, Section 15
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
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Article III, Section 19
Right againstexcessive fines
Right to reasonable
and humanepunishment
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Article III, Section 21
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
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Article III, Section 20
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
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Article III, Section 22
Protection from retroactive lawsEx post facto= Arising after the fact
Bill of Attainder
legislative act that inflicts punishment without atrial
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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
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Thank you!!
Have a good
day!!