Republic of the Philippines

UNIVERSITY OF EASTERN PHILIPPINES

University Town, Catarman Northern Samar

College of Arts and Communication

Department of Criminology

CORRECTIONAL
ADMINISTRATION
(Therapeutic
Modalities)

Module 2

Prepared by:

ROSAN E. DITCHE, RCrim

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OVERVIEW

Laws are used by the

state to regulate or govern
the behavior of their members
and which it may be enforce
by the imposition of penalties
while treatment and
punishment is for the
development of correctional
administration in the country.

Module 2 encompasses
the basic human rights as
well as various laws on
human rights. This must be
learned and mastered by the students in preparation for the next module.

OBJECTIVES:

After going through this module, you are expected to:

1. State the basic human rights;

2. Enumerate the various laws on human rights;
3. Differentiate the human rights in application to correctional administration.

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Basic Concepts to Ponder

Laws on Human Rights

What is Law?
- The system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the
imposition of penalties.
What is human rights?
- Are moral principles or norms for certain standards of human behavior and
are regularly protected in municipal and international law.
- These are basic rights and freedoms that belong to every person in the
world, birth until death. These basic rights are based on shared values like
dignity, fairness, equality, respect and independence. These values are
defined and protected by law.
- The rights we have simply because we are human.

What are the characteristics of human rights?

1. Universal-the birthright of all human beings.
2. Focus on the inherent dignity and equal worth of all human beings.
3. Equal, indivisible and interdependent.
4. Cannot be waived or taken away.
5. Impose obligations of action and omission, particularly on States.
6. Have been internationally guaranteed.
7. Legally protected.
8. Protect individuals and, to some extent, groups.

Which organizations/institutions are tasked with protecting human

rights in the Philippines?
There are so many organizations and institution, among them are;
1. Commission on Human Rights (CHR)
2. Department of Justice (DOJ)
3. Internal Affairs Service (IAS), PNP
4. National Police Commission (NAPOLCOM)
5. People’s Law Enforcement Board (PLEB)
6. Non-Government Organization’s (NGO’s)
7. National Human Rights Commissions or Institutes and others.

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Commission on Human Rights- in the Philippines, the CHR primarily handles the
investigations of human rights violations. However, it has no power to resolve cases
as stated in the Supreme Court decision in 1991. Aside from investigations, it also
provides assistance and legal measures for the protection of human rights guided by
Section 18 Article XIII of the Philippine Constitution.

Article III of the 1987 Philippine Constitution- the law of the land that ensures the
human rights or the Filipino citizen. Also called the Bill of Rights or the rights of
every Filipino’s which includes 22 sections which declare a Filipino citizen’s rights
and privileges that the Constitution has to protect, no matter what.
Aside from various local laws, human rights in the Philippines are also guided
by the UN’S International Bill of Human Rights-a consolidation of 3 legal documents
including the Universal Declaration of Human Rights (UDHR), the International
Covenant on Civil and Political Rights (ICCPR), and the International Covenant on
Economic, Social AND Cultural Rights (ICESCR).

List of 30 Basic Human Rights

According to United Nations, there are 30 basic human rights that is
recognized around the world. So what are the 30 basic human rights list? Here are
full list of 30 human rights according to Universal Declaration of Human Rights
(UDHR) by United Nations, signed in Paris on 10 December 1948.
1. All human beings are free and equal.
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a spirit
of brotherhood.
2. No discrimination.
Everyone is entitled to all the rights and freedoms, without distinction of any
kind, such as race, color, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs.
3. Right to life.
Everyone has the right to life, liberty and security of person.
4. No slavery.
No one shall be held in slavery or servitude; slavery and the slave trade shall
be prohibited in all their forms.
5. No torture and inhuman treatment.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
6. Same right to use law.
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 Everyone has the right to recognition everywhere as a person before the law.

7. Equal before the law.

All are equal before the law and are entitled without any discrimination to
equal protection of the law.
8. Right to treated fair by court.
Everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights granted him by the constitution or
by law.
9. No unfair detainment.
No one shall be subjected to arbitrary arrest, detention or exile.
10. Right to trial.
Everyone is entitled in fully equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and obligations
and of any criminal charge against him.
11. Innocent until proved guilty.
Everyone charged with a penal offense has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defense. No on shall be held guilty of any penal
offense on account of any act or omission which did not constitute a penal offense,
under national or international law, at the time when it was committed.
12. Right to privacy.
No one shall be to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation.
13. Freedom to movement and residence.
Everyone has the right to freedom of movement and residence within the
borders of each state. Everyone has the right to leave any country, including his
own, and to return to his country.
14. Right to asylum.
Everyone has the right to seek to enjoy in other countries asylum from
persecution. This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and principles
of the United Nations.
15. Right to nationality.
Everyone has the right to a nationality. No one shall be arbitrarily deprived of
his nationality nor denied the right to change his nationality.
16. Rights to marry and have family.
Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its dissolution. Marriage shall be
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entered into only with the free and full consent of the intending spouses. The family
is the natural and fundamental group unit of society and is entitled to protection by
society and the state.
17. Right to own things.
Everyone has the right to own property alone as well as in association with
others. No one shall be arbitrarily deprived of his property.
18. Freedom of thought and religion.
Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either alone or
in community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
19. Freedom of opinion and expression.
Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive, and
impart information and ideas through any media and regardless of frontiers.
20. Right to assemble.
Everyone has the right to freedom of peaceful assembly and association. No
one maybe compelled to belong to an association.
21. Right to democracy.
Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives. Everyone has the right of equal access to
public service in his country.
22. Right to social security.
Everyone, as a member of society, has the right to social security and is
entitled to realization, through national effort and international cooperation and in
accordance with the organization and resources of each state, of the economic,
social and cultural rights indispensable for his dignity and the free development of
his personality.
23. Right to work.
Everyone has the right to work, to free choice of employment, to just and
favorable conditions of work, and to protection against unemployment. Everyone,
without any discrimination, has the right to equal pay for equal work. Everyone has
the right to form and to join trade unions for the protection of his interests.
24. Right to rest and holiday.
Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.
25. Right of social service.
Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care
and necessary social services, and the right to security in the event of
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unemployment, sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control. Motherhood and childhood are entitled to special
care and assistance. All children shall enjoy the same social protection.
26. Right to education.
Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
27. Right of cultural and art.
Everyone has the right freely to participate in the cultural life of the community,
to enjoy the arts and to share in scientific advancement and its benefits. Everyone
has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which is he is the author.
28. Freedom around world.
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
29. Subject to law.
Everyone has duties to the community in which alone the free and full
development of his personality is possible. In the exercise of his rights and
freedoms, everyone shall be subject only to such limitations as are determined by
law solely for the purpose of securing due recognition and respect for the rights and
freedoms of others and of meeting the just requirements of morality, public order
and the general welfare in a democratic society.
30. Human rights can’t be taken away.
Nothing in this Declaration may be interpreted as implying for any State, group
or person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.

So those are all Universal Declaration of Human Rights list by United Nations
General Assembly. All universal human rights list above commonly known as 30
Basic Human Rights that must be respected and protected by the law.

List of various Laws on Human Rights

1. Rights of the Child
 RA 9344- Juvenile Justice and Welfare Act of 2006
 RA 7610- Law against Child Abuse
 RA 9231- Elimination of the Worst Forms of the Child Labor
 RA 9775- Law against Child Pornography
 RA 8044- Youth in Nation-Building Act
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  RA 6972- Act Establishing Day Care Centers in every Barangay
 PD 603- the Child and Youth Welfare Code
2. Rights of Women
 RA 9262- Anti-Violence against Women and Their Children
 RA 10364- the Expanded Anti-Trafficking in Persons Act of 2012
 RA 9710- Magna Carta of Women
 RA 7877- Law Against Sexual Harassment
 Act 4112- Women Suffrage Act
 PD 633, as amended- Creating the National Commission on the Role of
Filipino Women
 EO 273- Philippine Plan for Gender-Responsive Development
 Pres. Proc 1172-Campaign to End Violence Against Women
3. Rights of Lesbian, Gay, Bisexual and Transgender Persons (LGBT)
 Ang Ladlad v. Comelec, April 8, 2010
4. Right of Senior Citizens
 RA 7432- Senior Citizen’s Act
 RA 7876- Senior Citizen Center Act
 RA 9994-Expanded Senior Citizen’s Act
5. Rights of Disabled Persons
 BP 344- an Act to Enable the Mobility of Disabled Persons
 RA 7277- Magna Carta of Disabled Persons
 RA 9442- Law amending the Magna Carta of Disabled Persons
 RA 10070- Act requiring the creation of Persons with Disability Affairs Office
by local government units
 DILG Memorandum Circular(MC) 2009-37-on issuance of identification cards
and purchase booklets for PWD’s
 DILG MC 2009-29- on community-based programs for children with disability
6. Rights of Workers and Laborers
 PD 442, as amended- Labor Code of the Philippines, incorporating the New
Labor Relations Law and the Prohibition of Discrimination Against Women
 RA 8024- Migrant Workers Act
 RA 10022- Law amending the Migrant Workers Act
 RA 8187- Paternity Leave Act
7. Right to Social Security
 RA 8282, amending RA 1161- the Social Security Law
 RA 8291- the Government Service Insurance System Act
 RA 7875- National Health Insurance Act
 Pres. Proc. 46- Child and Mother Immunization Project
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8. Right to a health environment
 Oposa v. Factoran, July 30, 1993
 Supreme Court A.M.08-1-16-SC-the Rule on Habeas Data
 RA 9995- Anti-Photo and Video Voyeurism Act
 RA 10173- Privacy Act of 2012
9. Right to life, liberty and security
 Anti-Enforced or Involuntary Disappearance Act of 2021
 RA 9745- Anti- Torture Act
 The Rule on the Writ of Amparo Administrative Order (AO)181- Investigation
and Prosecution of Political and Media Killings
 AO 197- Enforced Disappearances and Killings
10. Remedies of Unjustly Arrested and/or Detained Persons
 Rule 102, Rules of Court- the Rule on Habeas Corpus
 Rule on 9439- Law against Hospital Detention
 RA 10368- Human Rights Victims Reparation and Recognition Act of 2013
11. Rights of Accused, Victims and Witnesses of Crimes
 RA 8505- Rape Victims Assistance Act
 RA 6981- Witness Protection Act
 RA 999- Free Legal Assistance Act
 RA 9346- Law abolishing Death Penalty
 Article III-Bill of Rights of 1987 Philippines Constitution
 Rule 115, Revised Rules of Court
 Act 3815- Revised Penal Code of the Philippines Human Rights mechanisms

REFERENCES:

Apela, Renor N. et al, Comprehensive Correctional Administration Handbook with

Therapeutic Modalities. 2019.

www.therapeuticmodalitiesinthephilippinesettingimages.com.ph
www.probationandprobationadministration.gov.ph
www.businessmirror.com.ph/humanrights-101/.ph

LEARNING EXERCISE 1

Directions: In your own opinion, answer the following questions. Support your
answer. (5 points each)
1. Is human rights a right or a privilege?
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2. Can the government take away our human rights? Why?
3. Do criminals or those who break the law still enjoy human rights? Why?
4. Why should anyone respect human rights?
5. Is Philippines one of the country’s with many recorded violations in human rights?
Why?

Hello, are you done answering the learning exercises? If NO, keep answering! You can do
it! If YES, did you get the correct answers? Congratulations! You did great! You’re finally
done with the second module. See you on the next module!

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