Published on March 6, 2014
RIGHT DUTIES Notion of Right The Meaning of Duty Kinds of Right Kinds of Duties Characteristic of Rights Exemption from Duty Civil and Political Rights Conflict of Duties Economic, Social and Cultural Rights RIGHTS AND DUTIES Correlation of Right and Duty Reciprocity of Rights and Duties
Notion of RIGHT • RIGHT is anything which is owed or due. • RIGHT is the moral power, bound to be respected by others.
Kinds of Right 1. Natural Rights – based on the natural law.
2. Human Rights – based on human positive laws, either those enacted by the State or by Religion.
3. Alienable and Inalienable Rights • Alienable rights are those which could be surrendered, renounced or removed –such as the right to travel and the right to operate a business. • Inalienable rights are those which cannot be surrendered, renounced or removed –such as the right to life, the right to marry and the right to education.
4. Juridical and Non-Juridical Rights • Juridical rights are those based on the law. These rights are to be respected, permitted, and fulfilled as a matter of justice. • Non-Juridical rights are those based on virtue rather than strict justice. 5. Right of Jurisdiction – is the power of a lawful authority to govern and make laws for his constituent or dependents.
Characteristic of Rights 1. Coaction is the power to inherent in rights to prevent their being violated and to exact redress for their unjust violation. 2. Limitation is the natural limits or boundary beyond which a right may not be insisted without violating the right of another.
3. Collision is the conflict of two rights so related that it is not possible to exercise one without violating the other. In the resolution of conflict, the right which should prevail is that which (1) belongs to the higher order, or (2) is concerned with a graver matter, or (3) founded upon a stronger title or claim.
Civil and Political Rights • Civil Rights – enjoyed by person as private individuals in pursuit of their personal activities and in their transaction with others.
• Political rights – enjoyed by persons as citizens in their participation in government affairs.
“THE BILL OF RIGHTS” A list of rights pertaining to persons. These rights are recognized, guaranteed and protected against invasion, reduction or destruction. Premised on the belief in the dignity of man and the intrinsic worth of human life.
Economic, Social and Cultural Rights Economic, social and cultural rights are as important as political and civil rights. For freedom from detention, torture and other forms of political repression will be meaningless when people are hostage to hunger, disease, ignorance and unemployment.
The Meaning of DUTY • DUTY is anything we are bound to do or omit. • DUTY is a moral obligation incumbent upon a person to do, omit, or avoid something.
Correlation of Right and Duty Right and Duty are correlative in a given person. One who has a right to something has the duty to act consistent with that right. A prevailing error is insisting that other people respect our rights, while we ourselves do very little about our duty to act consistently with such right.
Reciprocity of Rights and Duties In interpersonal relationship, rights and duties are reciprocal. The right of one person implies in another the duty to respect that right.
Kinds of Duties 1. Natural Duties – imposed by natural law
2. Positive – imposed by a human positive law
Duties are either affirmative or negative *Affirmative duties are those that require the performance of an act. *Negative duties are those which require the omission of an act.
Exemption from Duty 1. Negative duties arising from negative natural law admit no exemption 2. Affirmative duties arising from affirmative percepts of natural law admit exemptions when the act is rendered impossible under certain conditions or would involve excessive hardship 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 1. Duties towards God must be given priority over those towards men. 2. Duties that secure public order or the common good have priority over those that safeguard the individual. 3. Duties towards the family and relatives take precedence over those towards strangers.
4. Duties of greater importance take precedence those of lesser importance. 5. Duties based on higher law take precedence over those coming from lower laws.
Reported by GROUP 1; ALAMPAYAN, bree BRINGAS, earlo MARISCAL, annaselle MORAL, zyrah SAMSON, james Patrick SUDARIO, janine Ezra (February 3, 2014)
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