Civil and Political Rights are the individuals’ rights to engage and participate in civil and political activities without discrimination and oppression. These rights include freedom of speech, the right to fair trial, right to vote and the right to privacy.
The 1987 Philippine Constitution protects the civil and political rights of individuals including:
Article 1, Section II: "The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them."
Article III (Bill of Rights) provides for various civil liberties, such as freedom of expression and assembly.
Real-life example: The citizens of the Philippines have the right to vote in elections.
Economic, Social, and Cultural Rights are rights pertaining to the production and distribution of resources, social welfare, and cultural engagement. These rights guarantee that individuals are able to attain happiness and engage completely in society.
The Philippine Constitution also supports economic, social, and cultural rights:
Article XIV emphasizes the right to education: "The State shall provide for a complete, adequate, and integrated system of education."
Article XIII promotes social justice in all phases of national development.
Real-life example: Under these rights, everyone has access to high-quality education. Here in the Philippines, elementary and secondary education are offered for free.
Human rights are fundamental rights that every person is entitled to simply because they are human. These rights are universal and inalienable, meaning they cannot be taken away or denied. They include both civil and political rights as well as economic, social, and cultural rights.
The Philippines is a signatory to various international human rights treaties, including:
The Universal Declaration of Human Rights (UDHR), which outlines fundamental human rights.
Republic Act No. 9745 or the Anti-Torture Act of 2009 aims to prevent torture and other cruel treatment.
Real-life example: Fundamental human rights include the freedom from torture and the right to live. There have been human rights violations in the Philippines, which led to calls for responsibility from both domestic and international communities.
Legal rights are created and legalized by laws and legal systems. It is based on the society’s customs, laws, statuses, and actions by legislatures. Legal rights affect every citizen including freedoms granted by the government. Legal rights affect all citizens of a country given by its government.
Nature of Legal Rights
Legal rights exist in a society stemming humans’ nature as social beings.
These rights fosters the national development, that serves as the foundational elements for building a strong and progressive country or nation.
It is acknowledged by everyone within the society.
It is rational and ethical, it is not arbitrary and do not rely on trial-and-error approaches.
It cannot be exercised that could cause harm to the community or the society.
Universally accessible to all the individuals without forming any discrimination.
It is flexible and can be adjusted based on the prevailing circumstances in the society.
It is not absolute, it comes with limitations deemed necessary to ensure the safety of the public health, security, order and morality.
It is interconnected with the duties of the citizens living in the society.
It is enforced and strictly implemented by the nations’ laws with the government having an inherent responsibility to protect the rights of its citizens.
Kinds of Legal Rights
Perfect and Imperfect Rights
Positive and Negative Rights
Real and personal rights
Rights in rem and rights in personam
Propriety and personal rights
Inheritable and non inheritable rights
Principal and accessory rights
Rights in Re Propria and Rights in Re Aliena
Legal and Equitable Rights
Primary and secondary rights -
Public and private rights
Vested and contingent rights
Servient and dominant rights
Municipal and international rights
Rights at rest and rights in motion
Fus ad Rem
Real-life example: Freedom of speech and expression in the Philippines, as enshrined in the Article III, Section 4 of the 1987 constitution. This right allows individuals to express their opinions, ideas and criticisms, including against the government, without fear of punishment. They exercise their rights by voicing their concerns about the government policies, human rights violations and social issues.
Positive and Negative Rights are the concepts of legal and political philosophy that describes different types of rights. The one requires action and the other one requires inaction.
Positive Rights are the rights that require action or provision from others, like the government to ensure that it is for the good of all individuals. It is about the entitlement to certain benefits or services.
Real-life example: The right to of the people to Education, healthcare, essential needs to live such as housing and social security.
Public education to all the children from the government is an example of positive right.
Negative Rights
Negative Rights are the rights that require others, including the government to abstain the interfering with individual actions. Like about freedom from interference. It is the requirements of someone else not to interfere with your personal requirement or needs, of something else to provide you with something.
Real-life example: Right to privacy, the right to live, and the right to control one's property safeguard various forms of human freedom and liberty. These are referred to as negative rights because they establish a claim by one individual that places a "negative" obligation on others—not to interfere with that person's activities in specific areas. For instance, the right to privacy requires us to refrain from intruding into someone's private matters.
Right to privacy like individuals have the right to communicate privately through phone, emails, and text without unauthorized surveillance or interception.
Group or collective rights relate to entitlements held by specific groups based on shared characteristics, such as ethnicity, religion, or indigenous status. These rights recognize the importance of preserving specific communities' cultural, social, and political identities.
Legal and Moral rights - are two different but related aspects of the rights discourse that influence legal frameworks, social conventions, and ethical issues.
Legal rights - are those rights which are recognized and enforced by a law system, like the constitution or the government laws. These are formal entitlements that people or groups may claim in society and can argue for or defend them in court. Some examples of legal rights include the right to an uncomplicated trial, freedom to have or share opinions, or the ability to vote. The laws protect it and legal action can be taken if violated.
Difference from moral: legal rights are protected by the laws and the law courts. Moral rights, on the other hand, are based on ethical or moral belief concerning what is right or wrong. Moral rights would perhaps never be litigated in court, but they represent the value that society puts into fairness and respect.
Real-life Example: Among the democratic countries, most have laws that offer the right to vote to citizens. Every nation's amendment, such as the U.S. Constitution, provides it so that preventing a person from voting is considered illegal.