Human Rights

-generally defined as those rights, which are inherent in our nature, and without which, we cannot live
as human beings (UN)

-Human rights are supreme, inherent, and inalienable rights to life, dignity and self-development. It is
the essence of these rights that makes man human (Phil CHR)

Basic Characteristics of Human Right

1. Inherent not granted by any person or authority (right to life and right to dignity)
2. Fundamental without them, life and dignity of men will be meaningless (right to individual
liberty and security of a person or freedom of thought or religion)
3. Inalienable they cannot be taken away from a free individual (freedom from torture)
4. Imprescriptible cannot be lost even by a long passage of time (freedom of thought, conscience
or religion)
5. Indivisible- not capable of being divided (freedom of expression, belief or opinion, religion and
worship)
6. Universal- universal to all human beings irrespective of their origin, status or condition or place
where they live; can be enforced without national border
7. Interdependent- because the fulfillment or exercise of one cannot be had without the
realization of the other

Classification of rights

1. Source
Natural rights- God given rights; unwritten but prevail as norms (right to life, dignity and
self development
Constitutional rights- conferred and protected by the Constitution and which cannot be
modified or taken away by the law-making body
Statutory rights- provided by law promulgated by the law-making body and may be
abolished by the same
2. Recipient
Individual rights being accorded to individuals
Collective- peoples rights or solidary rights, rights of the society (right to peaceably
assemble, right to peace, right to development
3. Aspect of life
Civil- those rights which the law enforce for the purpose of securing to them the
enjoyment of their means of happiness (rights of the accused; social and economic
rights; liberty of abode; freedom of speech, expression, press, right to assemble,
petition, right to form association)
Political- rights which enable us to participate in running the affairs of the government
either directly or indirectly (right to vote, information, right to initiative and
referendum)
 Economic those which law confers upon the people to enable them to achieve social
and economic development, thereby ensuring them their well-being, happiness and
financial security (right to property, education and promotion of social justice)
Social
Cultural- to foster the preservation, enrichment, and dynamic evolution of national
culture
4. Struggle or recognition
First generation
Second generation
Third generation
5. Derogability
Absolute- cannot be suspended or taken away even if the government invokes national
security
Limited can be suspended depending on the circumstances which call for the
preservation of social life.
a. It is provided by law which is made known to every citizen
b. There is a state of emergency
c. Does not exceed what is strictly necessary to achieve the purpose