Rights and Duties
by:
Pedro Germinal III
Angelie Sonido
Jazz Ann Quiamas
BPE – SPE 3B
Man is born with rights and
duties. Having rights is an attribute
of a person. Some suspect that
duties are not given the same
emphasis. We insist on our rights
but ignore our duties. Duties
however are more fundamentals
than rights. The duty to do good
and to avoid evil is above all rights.
Notion of right
Right, objectively taken, is anything
which is owed or due. Taken subjectively,
that is, as residing in a person, right is a
moral power, bound to be respected by
others, of doing, possessing, or requiring
something.(Glenn: 136)
Rights is founded upon law, either
natural law or human positive law.
But because all laws are derived
ultimately from the Eternal Law,
Then rights are founded on eternal
law.
Kinds of Rights
1. Natural Rights – are those based on the
natural law, that is, on human nature
.Examples of natural rights are: the right
to live, the right to education, the right
to work.
2. Human Rights – are those based on
the natural laws, either those
enacted by the state or the religious
sector. Civil rights are those
dependent upon the laws of the
state. Ecclesiastical or religious rights
are those dependent upon the laws
of the church or religious sector.
Examples of human rights are: the
right to form associations, the right
to legal due process, and the right to
travel. Examples of religious rights
are: the right to worship, the right to
marry within one’s church and the
right to be educated in the faith.
3. Alienable and Inalienable Rights.
Alienable rights are those, civil rights
or religious rights, which can be
surrendered, renounced or removed
such as the right to travel. Inalienable
rights are those which cannot be
surrendered, renounced or removed
such as the right to decent livelihood.
4. Right of Jurisdiction – is the power
of lawful authority to govern his
subjects and to make laws for them.
Examples is A father who has the
right of jurisdiction over his children.
5. Right of property – is the power to
own, to sell, to barter, to lend, to
change or to give away one’s
personal possession. Example is the
farmer has the right to the land owns
and the produce thereof.
6. Juridical Rights – refers to all rights
in so far as they are based on law.
These rights must be respected,
allowed, fulfilled, as a master of strict
justice. Non-juridical rights are those
which are not founded on laws,
either natural or human, but on
virtue. Thus, these are also called
moral rights.
Characteristics of rights
1. Coaction is the power inherent in rights to
prevent their violation and to exact redress
for their unjust violation.
2. Limitations is the natural limits or boundary
beyond which a right may not be insisted
without violating the rights of another.
3. Collision is the conflict of two rights so
related that it is not possible to exercise one
without violating the another.
If indeed such conflict is to be
resolved, the rights which prevails is
that which:
1. belongs to the more universal order
2. is concerned with a graver matter
3. is found upon the stronger title or
claim
(ibid.:139)
Subject rights
Rights are vested only on persons,
who may either be an individual or a
juridical person. An individual person is
every human being while a juridical
person any legal entity or association of
men, such are corporations, clubs,
fraternities and unions.
Animals do not have rights. But they
should be cared for and should not be
subjected to cruelty or unnecessary
harm. Cruelty to animals is not in accord
with the dictate of reason
The “ bill of rights ”
The Bill of Rights is a list of
rights pertaining to persons.
These rights are recognized,
guaranteed and protected
against invasion, reduction or
destruction.
“The bill of rights is premised on the belief
in the dignity of man and the intrinsic
worth of human life. The powerful idea
of human dignity, taught by great ethical
teachers from Confucius to Christ and
Kant, received a tremendous boost from
the democratic ideal of equality .Human
dignity and equality led to the
recognition of inherent and inalienable
rights of the person , beyond the reach
of even the most benevolent ,not to say,
the most tyrannical powers of
government”.
Civil and Political Rights
The bill of the Rights includes the civil and
political rights of the people.
1.Civil Rights are those which an individual
enjoys in his private activities, or in his
transactions with others, as protected and
granted by law.
2. Political Rights are those which an
individual enjoys in participation in
government affairs.
The Meaning of Human Rights Today
Human rights are more than just the sum of our
political and civil rights. Included as human rights are
our economic, social and cultural rights.
The Philippines is a signatory to the International
Covenant on Economic, Social and Cultural Rights of
the United Nations General Assembly. The Covenant
calls on all signatory States to recognize and
guarantee the basic social, economic, and cultural
rights of any person.
Nation of Duty
Duty, taken objectively, is anything we are
obliged to do or to omit. Taken subjectively, is a
moral obligation incumbent upon a person of
doing, omitting, or avoiding something.
Duty, is a moral obligation because it depends
upon free will. As such, it resides on a person.
And because it depends upon free will. As such,
it resides on a person. And because duty is
defined by law, any wilful neglect of duty makes
the person accountable for such act.
Correlation of Right and Duty
Rights and duties are inseparable. They
are correlative in a given person. One who
has right to something has the duty to act
consistent with that right. If a person has
the right to life, he is duty bound to look
for the means that would sustain that life.
Reciprocity of Rights and
Duties
In interpersonal relationships, rights
and duties are reciprocal. The right of one
people implies in all others the duty to
respect that right. Thus, the right of Pedro
to life entails on all other persons or
agencies the duty not to do him harm and
to help him instead fulfil such right.
Kinds of Duties
1.Natural Duties are those imposed by natural law such as,
the duty to care for our health.
2. Positive Duties are those imposed by a human positive law
such as, the duty to pay taxes and to observe traffic rules.
3. Affirmative duties are those which require the
performance of a certain act, such as casting a ballot during
election; or, applying for a business licence. Negative duties
are those which require the omission of a certain act, such
as not carrying illegal firearms, or not destroying the
property of another
Exemption from Duty
Duties are to be fulfilled readily unless compliance is
prevented by a strong and just reason. A student has to
attend his classes unless sickness prevents him from doing
so. A driver must observe the speed limit unless he is
rushing a dying person to a hospital.
While the person concerned has to decide for himself when
he may claim exemption, such claim should never be
arbitrary or whimsical. To guide us in our decision on the
matter, some general principles are proposed:
1.Negative duties arising from negative
natural law admit no exemption.
2. Affirmative duties arising from affirmative
precepts of natural law admits exemptions
when the act is rendered impossible under
certain circumstances or would involved
excessive hardships on the person.
3. Ordinary hardships which come along
with the performance of a duty do not
exempt one from complying with such
duty.
Conflict of Duties
It happens sometimes that a person is
confronted with several duties, which must be
complied with at the same time. In this
situation, a person must learn how to
prioritize his duties. The following guidelines
will be useful:
1. Duties towards God must be given
priority over those towards men.
Theoretically, one should rather be
worshipping in his church rather than
attending a social meeting of, say, a
sports club. “Theoretically”, we say,
because in practice it is possible to
arrange one’s schedule of activities so
that both obligations are met.
2. Duties that secure public order or
common good have priority over
those that safeguard the
individual. needs to obey traffic
rules is prior to one’s personal
convenience.
Equality before the Law
(Jose C. Sison)
The twin brother of the “due process of law” in our
Constitution is the “equal protection of the laws” clause
found in the same Section 1 Article III. They are twins
because they are more or less based on the same
principle of reasonableness and fair play and freedom
from arbitrariness. In fact, equal protection may be said
to be a part of due process of law although it is more of
a guaranty against discrimination.
Thank you !

Rights and-duties

  • 1.
    Rights and Duties by: PedroGerminal III Angelie Sonido Jazz Ann Quiamas BPE – SPE 3B
  • 2.
    Man is bornwith rights and duties. Having rights is an attribute of a person. Some suspect that duties are not given the same emphasis. We insist on our rights but ignore our duties. Duties however are more fundamentals than rights. The duty to do good and to avoid evil is above all rights.
  • 3.
    Notion of right Right,objectively taken, is anything which is owed or due. Taken subjectively, that is, as residing in a person, right is a moral power, bound to be respected by others, of doing, possessing, or requiring something.(Glenn: 136)
  • 4.
    Rights is foundedupon law, either natural law or human positive law. But because all laws are derived ultimately from the Eternal Law, Then rights are founded on eternal law.
  • 5.
    Kinds of Rights 1.Natural Rights – are those based on the natural law, that is, on human nature .Examples of natural rights are: the right to live, the right to education, the right to work.
  • 6.
    2. Human Rights– are those based on the natural laws, either those enacted by the state or the religious sector. Civil rights are those dependent upon the laws of the state. Ecclesiastical or religious rights are those dependent upon the laws of the church or religious sector.
  • 7.
    Examples of humanrights are: the right to form associations, the right to legal due process, and the right to travel. Examples of religious rights are: the right to worship, the right to marry within one’s church and the right to be educated in the faith.
  • 8.
    3. Alienable andInalienable Rights. Alienable rights are those, civil rights or religious rights, which can be surrendered, renounced or removed such as the right to travel. Inalienable rights are those which cannot be surrendered, renounced or removed such as the right to decent livelihood.
  • 9.
    4. Right ofJurisdiction – is the power of lawful authority to govern his subjects and to make laws for them. Examples is A father who has the right of jurisdiction over his children.
  • 10.
    5. Right ofproperty – is the power to own, to sell, to barter, to lend, to change or to give away one’s personal possession. Example is the farmer has the right to the land owns and the produce thereof.
  • 11.
    6. Juridical Rights– refers to all rights in so far as they are based on law. These rights must be respected, allowed, fulfilled, as a master of strict justice. Non-juridical rights are those which are not founded on laws, either natural or human, but on virtue. Thus, these are also called moral rights.
  • 12.
    Characteristics of rights 1.Coaction is the power inherent in rights to prevent their violation and to exact redress for their unjust violation. 2. Limitations is the natural limits or boundary beyond which a right may not be insisted without violating the rights of another. 3. Collision is the conflict of two rights so related that it is not possible to exercise one without violating the another.
  • 13.
    If indeed suchconflict is to be resolved, the rights which prevails is that which: 1. belongs to the more universal order 2. is concerned with a graver matter 3. is found upon the stronger title or claim (ibid.:139)
  • 14.
    Subject rights Rights arevested only on persons, who may either be an individual or a juridical person. An individual person is every human being while a juridical person any legal entity or association of men, such are corporations, clubs, fraternities and unions.
  • 15.
    Animals do nothave rights. But they should be cared for and should not be subjected to cruelty or unnecessary harm. Cruelty to animals is not in accord with the dictate of reason
  • 16.
    The “ billof rights ” The Bill of Rights is a list of rights pertaining to persons. These rights are recognized, guaranteed and protected against invasion, reduction or destruction.
  • 17.
    “The bill ofrights is premised on the belief in the dignity of man and the intrinsic worth of human life. The powerful idea of human dignity, taught by great ethical teachers from Confucius to Christ and Kant, received a tremendous boost from the democratic ideal of equality .Human dignity and equality led to the recognition of inherent and inalienable rights of the person , beyond the reach of even the most benevolent ,not to say, the most tyrannical powers of government”.
  • 18.
    Civil and PoliticalRights The bill of the Rights includes the civil and political rights of the people. 1.Civil Rights are those which an individual enjoys in his private activities, or in his transactions with others, as protected and granted by law.
  • 19.
    2. Political Rightsare those which an individual enjoys in participation in government affairs.
  • 20.
    The Meaning ofHuman Rights Today Human rights are more than just the sum of our political and civil rights. Included as human rights are our economic, social and cultural rights. The Philippines is a signatory to the International Covenant on Economic, Social and Cultural Rights of the United Nations General Assembly. The Covenant calls on all signatory States to recognize and guarantee the basic social, economic, and cultural rights of any person.
  • 21.
    Nation of Duty Duty,taken objectively, is anything we are obliged to do or to omit. Taken subjectively, is a moral obligation incumbent upon a person of doing, omitting, or avoiding something. Duty, is a moral obligation because it depends upon free will. As such, it resides on a person. And because it depends upon free will. As such, it resides on a person. And because duty is defined by law, any wilful neglect of duty makes the person accountable for such act.
  • 22.
    Correlation of Rightand Duty Rights and duties are inseparable. They are correlative in a given person. One who has right to something has the duty to act consistent with that right. If a person has the right to life, he is duty bound to look for the means that would sustain that life.
  • 23.
    Reciprocity of Rightsand Duties In interpersonal relationships, rights and duties are reciprocal. The right of one people implies in all others the duty to respect that right. Thus, the right of Pedro to life entails on all other persons or agencies the duty not to do him harm and to help him instead fulfil such right.
  • 24.
    Kinds of Duties 1.NaturalDuties are those imposed by natural law such as, the duty to care for our health. 2. Positive Duties are those imposed by a human positive law such as, the duty to pay taxes and to observe traffic rules. 3. Affirmative duties are those which require the performance of a certain act, such as casting a ballot during election; or, applying for a business licence. Negative duties are those which require the omission of a certain act, such as not carrying illegal firearms, or not destroying the property of another
  • 25.
    Exemption from Duty Dutiesare to be fulfilled readily unless compliance is prevented by a strong and just reason. A student has to attend his classes unless sickness prevents him from doing so. A driver must observe the speed limit unless he is rushing a dying person to a hospital. While the person concerned has to decide for himself when he may claim exemption, such claim should never be arbitrary or whimsical. To guide us in our decision on the matter, some general principles are proposed:
  • 26.
    1.Negative duties arisingfrom negative natural law admit no exemption. 2. Affirmative duties arising from affirmative precepts of natural law admits exemptions when the act is rendered impossible under certain circumstances or would involved excessive hardships on the person. 3. Ordinary hardships which come along with the performance of a duty do not exempt one from complying with such duty.
  • 27.
    Conflict of Duties Ithappens sometimes that a person is confronted with several duties, which must be complied with at the same time. In this situation, a person must learn how to prioritize his duties. The following guidelines will be useful:
  • 28.
    1. Duties towardsGod must be given priority over those towards men. Theoretically, one should rather be worshipping in his church rather than attending a social meeting of, say, a sports club. “Theoretically”, we say, because in practice it is possible to arrange one’s schedule of activities so that both obligations are met.
  • 29.
    2. Duties thatsecure public order or common good have priority over those that safeguard the individual. needs to obey traffic rules is prior to one’s personal convenience.
  • 30.
    Equality before theLaw (Jose C. Sison) The twin brother of the “due process of law” in our Constitution is the “equal protection of the laws” clause found in the same Section 1 Article III. They are twins because they are more or less based on the same principle of reasonableness and fair play and freedom from arbitrariness. In fact, equal protection may be said to be a part of due process of law although it is more of a guaranty against discrimination.
  • 31.