3. The Concept of Human Rights
• Human dignity
• Universality
• Inalienability
• Indivisibility
4. • A person has "as many social selves as there are individuals
who recognize him and carry an image of him in their minds.“
- William James (1890)
• Views of self reflect the standpoints of significant others in our
lives ("looking glass self")
- Charles Cooley (1902)
Slide 44
• We imagine the perspectives of others and incorporate these
into our self views -- and that this occurs continuously as we
interact with others on an ongoing, moment to moment basis.
- George Herbert Mead (1934)
5.
6. Stages of role-taking (mind, play,
game, generalized other)
Attitudes of others generalized
into a single view of the self
Take on the role of
many significant others
Act out the role of
significant others
Learn to interpret (socialized)
and rehearse
(spontaneous)
7. Not innate, but emerges when we can take on the role of others.
“The self is something which has a development; it is
not initially there, at birth, but arises in the process of
social experience and activity…it is an object to itself,
and that characteristic distinguishes it from other
objects and the body.”
Gestures and symbols become significant through interaction with others.
Reflexivity—put ourselves in the place of others and act as they do.
8. The way you see yourself
OR
The way others see you
9. Think on the
which you like most. Write them all (Do not
think too long. Just write down which
comes 1st to your mind as your favorite
animal).
• The first one should be the one which you
like most. The 2nd one your 2nd favorite
animal….
Describe each animal on your list with
(attributes,
characteristics).
9
10.
11.
12.
13. • What is and why do we have a Bill of Rights?
• What rights are Filipinos entitled to under Article III of
the constitution?
Bill of Rights
• Fundamental characteristic of a republican
system
• It is “a charter of liberties for the individual
and a limitation upon the power of the
State”
15. ARTICLE III, Section 1
“No person shall be deprived of life, liberty or property
without due process of law, nor shall any person be
denied the equal protection of the laws.”
16. Article-III, Section-I
Sample Case: If A is a doctor who earns
Php. 35,000/month, and B a teacher who is
earning 12,000/month, if they will be taxed
with the same amount of Php. 800/month, is
it just and fair? Does this observed Equal
Protection of the Law?
17. Sample Case
Question: A
and B were lovers. B was willing to marry A
except that A is already married. A thought of killing his
wife. He prepared her breakfast every morning, and
every morning, he placed a little dose of arsenic poison
into the breakfast of the wife. The wife consumed all the
food prepared by her husband including the poison but
nothing happened to the wife. Because of the volume of
the household chores that the wife had to attend to daily,
she developed a physical condition that rendered her so
strong and resistance to any kind of poisoning, so the
amount of poison applied to her breakfast has no effect
to her. Is there a crime?
18. Sample Case
Question: A thought of having her husband
killed because the latter was maltreating
her. She hired some persons to kill him
and pointed at her husband. The goons
got hold of her husband and started
mauling him. The wife took pity and
shouted for them to stop but the goons
continued. The wife ran away and was
prosecuted for parricide. Can the wife be
convicted for parricide?
19. Sample Case
A fired at B and B was hit on the shoulder.
But B's wound was not mortal. What A then
did was to approach B, and told B, “Now you
are dead, I will kill you.” But A took pity and
kept the revolver and left. What is the crime
committed…attempted homicide or physical
injuries?
20. Question: In another instance, A has a very
seductive neighbor in the person of B. A had
always been looking at B and had wanted to
possess her but their status were not the
same. One evening, after A saw B at her
house and thought that B was already
asleep, he entered the house of B through
the window to abuse her. He, however,
found out that B was nude, so he lost interest
and left. Can A be accused of attempted
rape?
21. ARTICLE III, Section 2
“The right of the people to be secure in their persons, houses,
papers and effects against unreasonable searches and seizures
of whatever nature and for any purpose shall be inviolable and
no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, particularly describing the place to be
searched and the persons or things to be seized.”
22. ARTICLE III, Section 3
• Right to privacy
• Especially with respect to correspondence
• Illegally obtained material as inadmissible evidence
23. A telephone conversation between two (2)
drug pushers secretly recorded by police
officers by tapping its wire without court
order is not acceptable. As evidence in
court due to the privacy of communication
enshrined in the Philippine Constitution.
However, recording of conversation
through telephone extension is not a
violation of the Anti-Wire Tapping Law.
24. ARTICLE III, Section 4
Limitations to Freedom of
Speech:
1. Severe calumny
2. Anything lewd or
obscene
3. Anything that
provokes violence or
disorder
4. Seditious messages
5. “Clear and present
danger”
26. ARTICLE III, Section 4
- Implies freedom of association.
CIVIL RIGHTS UNDER ARTICLE III,
Section 8
27. ARTICLE III, Section 4
Therefore….
“No law shall be passed abridging the
freedom of speech, of expression, or of the
press, or the right of the people peaceably
to assemble and petition the government for
redress of grievances.”
28. ARTICLE III, Section 5
Therefore….
“No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment
of religious profession and worship, without discrimination and worship
shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.”
The protection of human rights and basic individual freedom stems from the recognition and appreciation of the innate dignity of the human person. You are a person- a unique self, such that spiritual writers say “God Himself cannot create another you.” a self with great capacity for self achievement in this world within your lifetime. a self able to generously eAlso stated in the same preamble is the affirmation of faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of man and woman.The concept of person, however, is vey abstract and so practical efforts must be initiated in order to draw the youth to the recognition and appreciation of the self dignity or that person in them which identifies with the other selves of the human community.
A bill of rights exists in republican systems because individuals are ruled by representatives. Hence, some mechanism must be in place to ensure that these representatives do not encroach upon the well being of those they claim to represent.
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.Life – is not limited to the literal meaning of life. It includes the right of individual to its body in its completeness, free from dismemberment, and extends to God-given faculties which makes life enjoyable.(Crimes against Person: Parricide 1. Murder 2.Homicide 3.Death Cause in a Tumultuous AffrayPhysical injuries inflicted in a tumultuous affrayGiving Assistance to SuicideDischarge of FirearmsLiberty - the right to exist and right to be free from personal restraint or servitude, the right to contract, the right to choose one’s employment, the right to labor etc.Property - refers to anything that can come under the right of ownership and be subject of contract.Due Process of Law-It is a legal maxims which hears before it condemns and renders judgment only after trial. Due process: that before being subjected to such deprivations, the appropriate (legal/judicial) procedures are undertaken. These procedures must further be fair and reasonable.Equal Protection of Law-It means that all persons or things similarly situated should be treated alike both as to rights conferred and responsibilities imposed.Equality under the law: the law is “reason free from passion” (Aristotle). Meaning that the law is objective and indiscriminate; it must apply to all people evenly and without prejudice.
Answer : No. It is unjust and unfair to impose the same amount of tax to two (2) different individuals who have different monthly income.
Answer: No impossible crime is committed because the fact itself stated that what prevented the poison from taking effect is the physical condition of the woman. So it implies that if the woman was not of such physical condition, the poison would have taken effect. Hence, it is not inherently impossible to realize the killing. The crime committed is frustrated parricide.
Answer: No. Because there was desistance on the part of the wife. The presence of desistance will exempt her from parricide. Desistance negates criminal liability.Act of DesistanceThe Supreme Court has ruled that one who desisted is not criminally liable. “When a person has set foot to the path of wickedness and brings back his foot to the path of righteousness, the law shall reward him for doing so.”Desistance on the part of the offender negates criminal liability in the attempted stage. Desistance is true only in the attempted stage of the felony. If under the definition of the felony, the act done is already in the frustrated stage, no amount of desistance will negate criminal liability.The spontaneous desistance of the offender negates only the attempted stage but not necessarily all criminal liability. Even though there was desistance on the part of the offender, if the desistance was made when acts done by him already resulted to a felony, that offender will still be criminally liable for the felony brought about his act. What is negated is only the attempted stage, but there may be other felony constituting his act.
The crime committed is attempted homicide and not physical injuries, because there was an intention to kill. The desistance was with the second shot and would not affect the first shot because the first shot had already hit B. The second attempt has nothing to do with the first.
Answer: No, because there was desistance, which prevented the crime from being consummated. The attempted stage was erased because the offender desisted after having commenced the commission of the felony.The attempted felony is erased by desistance because the offender spontaneously desisted from pursuing the acts of execution. It does not mean, however, that there is no more felony committed. He may be liable for a consummated felony constituted by his act of trespassing. When A entered the house through the window, which is not intended for entrance, it is always presumed to be against the will of the owner. If the offender proceeded to abuse the woman, but the latter screamed, and A went out of the window again, he could not be prosecuted for qualified trespass. Dwelling is taken as an aggravating circumstance so he will be prosecuted for attempted rape aggravated by dwelling.
The purpose of Section-II is to protect the privacy and the sanctity of the person and of his house and other possessions (papers, documents, effects, etc.) found therein against arbitrary intrusions by agents of the state.N.B. Unreasonable searches may only be contested by those whose personal rights were involved. You can’t complain on another’s behalf.
