CLAW 212 HUMAN RIGHTS treaty obligations that the Philippines has

acceded to: International Covenant on Civil and

THE PHILIPPINE COMMISSION ON HUMAN Political Rights (ICCPR), International Covenant
RIGHTS on Economic, Social and Cultural Rights
Creation: Mandated by the 1987 Constitution; (ICESCR), Convention Against Torture and Other
formally constituted by President Aquino’s Degrading Treatment or Punishment (CAT),
Executive Order No. 163 Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW),
Composition and Qualifications: One Chairman Convention Against Racial Discrimination
and four Members, who must be natural-born (CERD), Convention on the Rights of the Child
citizens of the Philippines and a majority of (CRC), Convention on the Protection of Migrant
whom shall be members of the Bar (Section 17, Workers and their Families (CMW); Convention
Art. XIII, 1987 Constitution) on the Rights of Persons with Disabilities
(CRPD).
Under Section 18, Article XIII of the Philippine
Constitution, the Commission's sole duty is to This also includes the entire aspect of
protect the civil and political rights of citizens in monitoring and evaluating the performance of
the Philippines. the Executive, Legislative, and Judiciary to
translate international human rights standards
MANDATES OF THE COMMISSION ON HUMAN
into national policies, laws, and practice.[
RIGHTS
POWER AND FUNCTION OF THE COMMISSION
1. Human Rights Protection - Investigation and
ON HUMAN RIGHTS
case management of complaints of violations,
including all the powers and services in aid of (1) Investigate, on its own or on complaint by
investigation, of civil and political rights as well any party, all forms of human rights violations
as economic, social, and cultural rights. involving civil and political rights;

Such powers and services include: citing for (2) Adopt its operational guidelines and rules of
contempt for violations of its rules of procedure, and cite for contempt for violations
procedure; legal aid and counseling; visitorial thereof in accordance with the Rules of Court;
powers over jails and detention facilities;
application of forensic techniques in aid of (3) Provide appropriate legal measures for the
investigation; witness protection; and, financial protection of human rights of all persons within
assistance to victim the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures
2. Human Rights Promotion which includes the and legal aid services to the under-privileged
wide range of strategies for policy, advocacy, whose human rights have been violated or need
promotion, social mobilization, education, protection;
training, public information, communication,
research, networking and linkages (4) Exercise visitorial powers over jails, prisons,
or detention facilities;
3. Human Rights Policy Advisory derived from
monitoring government’s compliance with the
(5) Establish a continuing program of research, Human rights allow a person to live with dignity
education, and information to enhance respect and in peace, away from the abuses that can be
for the primacy of human rights; inflicted by abusive institutions or individuals.

(6) Recommend to Congress effective measures United Nations (UN) defines human rights as
to promote human rights and to provide for universal and inalienable, interdependent and
compensation to victims of violations of human indivisible, and equal and non-discriminatory.
rights, or their families;
WEEK 3 TOPICS
(7) Monitor the Philippine Government’s
compliance with international treaty obligations HISTORICAL DEVELOPMENT OF HUMAN
on human rights; RIGHTS

(8) Grant immunity from prosecution to any The origins of human rights may be found both
person whose testimony or whose possession in Greek philosophy and the various world
of documents or other evidence is necessary or religions. In the Age of Enlightenment (18th
convenient to determine the truth in any century) the concept of human rights emerged
investigation conducted by it or under its as an explicit category.Man/woman came to be
authority; seen as an autonomous individual, endowed by
nature with certain inalienable fundamental
(9) Request the assistance of any department, rights that could be invoked against a
bureau, office, or agency in the performance of government and should be safeguarded by it.
its functions; Human rights were henceforth seen as
elementary preconditions for an existence
(10) Appoint its officers and employees in worthy of human dignity.
accordance with law; and
Before this period, several charters codifying
(11)Perform such other duties and functions as rights and freedoms had been drawn up
may be provided by law. constituting important steps towards the idea
WEEK 2 TOPICS of human rights. During the 6th Century, the
Achaemenid Persian Empire of ancient Iran
Definition of Human Rights established unprecedented principles of human
rights. Cyrus the Great (576 or 590 BC - 530 BC)
Human rights refers to norms that aim to
issued the Cyrus cylinder which declared that
protect people from political, legal, and social
citizens of the empire would be allowed to
abuses.
practice their religious beliefs freely and also
Human rights are commonly understood as abolished slavery.
inalienable fundamental rights to which a
The next generation of human rights documents
person is inherently entitled simply because she
were the Magna Charta Libertatum of 1215,
or he is a human being.
the Golden Bull of Hungary (1222), the Danish
Erik Klipping’s Håndfaestning of 1282, the
Joyeuse Entrée of 1356 in Brabant (Brussels),
the Union of Utrecht of 1579 (The Netherlands) appeared for the first time in the French
and the English Bill of Rights of 1689. Déclaration des Droits de l’Homme et du
Citoyen(1789).
These documents specified rights which could
be claimed in the light of particular The classic rights of the 18th and 19th centuries
circumstances (e.g., threats to the freedom of related to the freedom of the individual. Even at
religion), but they did not yet contain an all- that time, however, some people believed that
embracing philosophical concept of individual citizens had a right to demand that the
government endeavour to improve their living
liberty. Freedoms were often seen as rights conditions.
conferred upon individuals or groups by virtue
of their rank or status.

In the centuries after the Middle Ages, the Taking into account the principle of
concept of liberty became gradually separated equality as contained in the French Declaration
from status and came to be seen not as a of 1789, several constitutions drafted in Europe
privilege but as a right of all human beings. around 1800 contained classic rights, but also
included articles which assigned responsibilities
Spanish theologists and jurists played a to the government in the fields of employment,
prominent role in this context. Among the welfare, public health, and education. Social
former, the work of Francisco de Vitoria (1486- rights of this kind were also expressly included
1546) and Bartolomé de las Casas (1474-1566) in the Mexican Constitution of 1917, the
should be highlighted. These two men laid the Constitution of the Soviet Union of 1918 and
(doctrinal) foundation for the recognition of the German Constitution of 1919.
freedom and dignity of all humans by defending
the personal rights of the indigenous peoples
inhabiting the territories colonised by the
Spanish Crown. In the 19th century, there were frequent inter-
state disputes relating to the protection of the
The Enlightenment was decisive in the rights of minorities in Europe. These conflicts
development of human rights concepts. The led to several humanitarian interventions and
ideas of Hugo Grotius (1583-1645), one of the calls for international protection arrangements.
fathers of modern international law, of Samuel One of the first such arrangements was the
von Pufendorf (1632-1694), and of John Locke Treaty of Berlin of 1878, which accorded special
(1632-1704) attracted much interest in Europe legal status to some religious groups. It also
in the 18th century. served as a model for the Minorities System
that was subsequently established within the
Locke, for instance, developed a League of Nations.
comprehensive concept of natural rights; his list
of rights consisting of life, liberty and property. The need for international standards on
Jean-Jacques Rousseau (1712-1778) elaborated human rights was first felt at the end of the
the concept under which the sovereign derived 19th century, when the industrial countries
his powers and the citizens their rights from a began to introduce labour legislation. This
social contract. The term human rights legislation - which raised the cost of labour -
had the effect of worsening their competitive formally accepted the obligations contained in
position in relation to countries that had no the UN Charter, and in doing so subscribed to
labour laws. the principles and ideals laid down in the UDHR.
This commitment was made explicit in the
Economic necessity forced the states to consult Proclamation of Teheran (1968), which was
each other. It was as a result of this that the adopted during the first World Conference on
first conventions were formulated in which Human Rights, and repeated in the Vienna
states committed themselves vis-à-vis other Declaration and Programme of Action, which
states in regard to their own citizens. The Bern was adopted during the second World
Convention of 1906 prohibiting night-shift work Conference on Human Rights (1993).
by women can be seen as the first multilateral
convention meant to safeguard social rights. Since the 1950s, the UDHR has been
backed up by a large number of international
Many more labour conventions were conventions. The most significant of these
later to be drawn up by the International conventions are the International Covenant on
Labour Organisation (ILO), founded in 1919. Civil and Political Rights (ICCPR) and the
Remarkable as it may seem, therefore, while International Covenant on Economic, Social and
the classic human rights had been Cultural Rights (ICESCR).
acknowledged long before social rights, the These two Covenants together with the UDHR
latter were first embodied in international form the International Bill of Human Rights. At
regulations. the same time, many supervisory mechanisms
The atrocities of World War II put an end to the have been created, including those responsible
traditional view that states have full liberty to for monitoring compliance with the two
decide the treatment of their own citizens. The Covenants.
signing of the Charter of the United Nations Human rights have also been receiving
(UN) on 26 June 1945 brought human rights more and more attention at the regional level.
within the sphere of international law. In In the European, the Inter-American and the
particular, all UN members agreed to take African context, standards and supervisory
measures to protect human rights. mechanisms have been developed that have
The Charter contains a number of already had a significant impact on human
articles specifically referring to human rights. rights compliance in the respective continents,
Less than two years later, the UN Commission and promise to contribute to compliance in the
on Human Rights (UNCHR), established early in future.
1946, submitted a draft Universal Declaration of 1. Religious/Theological Approach
Human Rights (UDHR) to the UN General
Assembly (UNGA). The Assembly adopted the  A basis of human rights theory
Declaration in Paris on 10 December 1948. This stemming from a law higher
day was later designated Human Rights Day. than the state and whose
source is the Supreme Being.
During the 1950s and 1960s, more and more
countries joined the UN. Upon joining they
 * Human rights are not law of God, commonly known as the scholastic
concessions granted by human institutions or natural law
states, or any international organization as they
are God-given rights. o Central to the doctrines Hugo Grotius – the natural characteristics of
of all religions is the concept of dignity of man human beings are the social impulse to live
as a consequence of human rights. peacefully and in harmony with others
whatever conformed to the nature of men as
 The divine source gives human natural human beings was right and just;
beings a high value of worth. whatever is disturbing to social harmony is
wrong and unjust
2. Natural Law Theory
John Locke – envisioned human beings in a
 Originated from the Stoics and state of nature, where they enjoyed life, liberty
elaborated by Greek and property which are deemed natural rights
philosophers and later by
ancient Roman law jurists. 3. Positivist Theory/Legal Positivism

 Perceives that the conduct of  All rights and authority come

men must always conform to from the state and what
the law of nature. officials have promulgated.

 Natural law embodies those  The only law is what is

elementary principles of justice commanded by the sovereign. o
which were right reason, i.e., in The source of human rights is to
accordance with nature, be found only in the enactment
unalterable, eternal. of a law with sanctions
attached.
 Became the basis of the natural
rights of man against  A right is enjoyed only if it is
oppressive rulers. recognized and protected by
legislation promulgated by the
 Nuremberg Trials – rationale for state.
finding the Nazis guilty: the
crimes committed were 4. Historical Theory
offenses against humanity and
there is no need of a law  Advocates that human rights
penalizing the acts are not deliberate creation or
the effort of man but they have
already existed through the
common consciousness of the
Philosophers: people of what is right and just.
Thomas Aquinas – considered natural law as  Human rights exist through
the law of right reason in accordance with the gradual, spontaneous and
evolutionary process without
 any arbitrary will of any 7. Utilitarian Theory
authority.Advocates that
human rights are not deliberate  Seeks to define the notion of
creation or the effort of man rights in terms of tendencies to
but they have already existed promote specified ends such as
through the common common good.
consciousness of the people of  Every human decision was
what is right and just. motivated by some calculation
 Human rights exist through of pleasure and pain. The goal is
gradual, spontaneous and to promote the greatest
evolutionary process without happiness of the greatest
any arbitrary will of any number.
authority.  Everyone is counted equally,
5. Theory of Marxism but not treated equally.
Requires the government to
 Emphasizes the interest of maximize the total net sum of
society over an individual man’s citizens.
interest. Individual freedom is
recognized only after the  An individual cannot be more
interest of society is served. important than the entire
group. A man cannot simply live
 Concerned with economic and alone in disregard of his
social rights over civil or impulse to society.
political rights of community. o
Referred to as “parental” with  The composite society of which
the political body providing the the individual is a unit has on its
guidance in value choice. But own wants, claims and
the true choice is the demands. An act is good only
government set by the state when it takes into consideration
the interests of the society and
6. Functional/Sociological Approach tends to augment the
happiness of the entire
 Human rights exist as a means community.
of social control, to serve the
social interests of society. 8. Theory Based on Dignity of Man/Policy
Science Approach
 Lays emphasis of obtaining a
just equilibrium of multifarious  Human rights means sharing
interests among prevailing values of all identified policies
moral sentiments and the social upon which human rights
and economic conditions of the depend on.
time and place.
  The most important values are  Governments must treat all
respect, power, knowledge, their citizens equally. For this
health, and security. purpose, the government must
intervene in order to advance
 The ultimate goal of this theory general welfare.
is a world community where
there is democratic sharing and Origin of Human Rights in the Philippines
distribution of values.
 20 June 1899 – Malolos Constitution:
 All available resources are contained several provisions on civil
utilized to the maximum and and political rights
the protection of human dignity
is recognized.  1902 – Philippine Bill of 1902

9. Theories of Justice  1916 – Philippine Autonomy Act of

1916/Jones Law
 Each person possesses
inviolability founded on justice.  1934 – Philippine Independence Act of
1934/Tydings-McDuffee Law
 The rights secured for justice
are not subject to political  1935 – First Philippine Constitution:
bargaining or to social interests. contained Bill of Rights

 Each person has equal rights to  1973 – Second Philippine Constitution

the whole system of liberties.  1983 – Third Philippine Constitution
There is no justice in a
community where there are  1987- Present Constitution
social and economic
inequalities.
WEEK 4 TOPICS
 The general conception of
justice is one of fairness and BASIC PRINCIPLES OF HUMAN RIGHTS
those social primary goods such
as opportunity, income and 1. Universality: Human rights must be afforded
wealth and self-respect are to to everyone, without exception. The entire
be distributed equally. premise of the framework is that people are
entitled to these rights simply by virtue of being
10. Theory Based on Equality and Respect of human.
Human Dignity
2. Indivisibility: Human rights are indivisible and
 The recognition of individual interdependent, which means that in order to
rights in the enjoyment of the guarantee civil and political rights, a
basic freedoms such as freedom government must also ensure economic, social
of speech, religion, assembly, and cultural rights (and visa versa). The
fair trial and access to courts. indivisibility principle recognizes that if a
government violates rights such as health, it domestic law without the need to enact
necessarily affects people’s ability to exercise separate national law.
other rights such as the right to life.
Domestic law including constitution that
3. Participation: People have a right to contravene international law may be declared
participate in how decisions are made regarding invalid. Netherlands is considered a monist
protection of their rights. This includes but is state.
not limited to having input on government
decisions about rights. To ensure human rights, b. Dualist Theory – International law and
governments must engage and support the domestic law are different legal system.
participation of civil society on these issues. International law does not become obligatory
to its citizen until a states passes a
4. Accountability: Governments must create corresponding domestic law containing its
mechanisms of accountability for the provision.
enforcement of rights. It is not enough that
rights are recognized in domestic law or in Domestic law are considered more
policy rhetoric, there must actually be effective binding and superior by judges and legal
measures put in place so that the government practitioners although this could mean possible
can be held accountable if those rights violation by the state of its treaty obligation.
standards are not met. The lex posterior principle is resorted to in
dualist system, whichever is the latter law
5. Transparency: Transparency means that prevail.
governments must be open about all
information and decision-making processes The consent of the state to be bound by a
related to rights. People must be able to know treaty is expressed by signature, exchange of
and understand how major decisions affecting instruments constituting a treaty, ratification or
rights are made and how public institutions, by any other means as agreed upon.
such as hospitals and schools, which are needed Signature ad referendum means that the
to protect rights, are managed and run. signature becomes definitive only once
6. Non-Discrimination: Human rights must be confirmed by the state.
guaranteed without discrimination of any kind. Definitive signature operates as the consent of
This includes not only purposeful a state to be bound by treaty without
discrimination, but also protection from policies ratification, acceptance or approval.
and practices which may have a discriminatory
effect. ENFORCEMENT OF INTERNATIONAL HUMAN
RIGHTS LAW
DOMESTIC APPLICATION OF INTERNATIONAL
HUMAN RIGHTS LAW 1. Enforcement against individuals – In
order to effectively protect individuals
a. Monist Theory – International law and from infringements of their human
domestic law comprise one legal system. rights, enforcement at the national level
International law automatically becomes is necessary and desirable.
 2. Enforcement against states – redress 3. Obligations to fulfil: This level of obligation
may be sought at the national, regional requires the state to take measures to ensure,
or international courts. for persons within its jurisdiction, opportunities
to obtain satisfaction of the basic needs as
SOURCES OF INTERNATIONAL HUMAN RIGHTS recognised in human rights instruments, which
LAW cannot be secured by personal efforts.
1. International conventions refers to Although this is the key state obligation
international agreement or treaties. in relation to economic, social and cultural
2. International custom are general rights, the duty to fulfil also arises in respect to
practices accepted as law civil and political rights. It is clear that enforcing,
for instance, the prohibition of torture (which
3. General principles of law are unwritten requires, for example, police training and
and uncodified concepts from which preventive measures), the right to a fair trial
laws are based. (which requires investments in courts and
judges), the right of free and fair elections or
4. Judicial decisions may consist of
the right to legal assistance, entails
judgments of international tribunal, the
considerable cost.
regional courts and even domestic
courts. POWER AND FUNCTION OF THE COMMISSION
ON HUMAN RIGHTS
TYPES OF STATE DUTIES IMPOSED BY ALL
HUMAN RIGHTS TREATIES 4) Exercise visitorial powers over jails, prisons,
or detention facilities;
1. Obligations to respect: In general, this level
of obligation requires the state to refrain from (5) Establish a continuing program of research,
any measure that may deprive individuals of the education, and information to enhance respect
enjoyment of their rights or of the ability to for the primacy of human rights;
satisfy those rights by their own efforts.
(6) Recommend to Congress effective measures
2. Obligations to protect: This level of to promote human rights and to provide for
obligation requires the state to prevent compensation to victims of violations of human
violations of human rights by third parties. The rights, or their families;
obligation to protect is normally taken to be a
central function of states, which have to (7) Monitor the Philippine Government’s
prevent irreparable harm from being inflicted compliance with international treaty obligations
upon members of society. This requires states: on human rights;
a) to prevent violations of rights by any (8) Grant immunity from prosecution to any
individual or non-state actor; b) to avoid and person whose testimony or whose possession
eliminate incentives to violate rights by third of documents or other evidence is necessary or
parties; and c) to provide access to legal convenient to determine the truth in any
remedies when violations have occurred in investigation conducted by it or under its
order to prevent further deprivations. authority;
(9) Request the assistance of any department, Section 2. The right of the people to be secure
bureau, office, or agency in the performance of in their persons, houses, papers, and effects
its functions; against unreasonable searches and seizures of
whatever nature and for any purpose shall be
(10) Appoint its officers and employees in inviolable.
accordance with law; and
 No search warrant or warrant
(11)Perform such other duties and functions as of arrest shall issue except upon
may be provided by law. probable cause to be
WEEK 7 TOPICS determined personally by the
judge after examination under
THE PHILIPPINE BILL OF RIGHTS oath or affirmation of the
complainant and the witnesses
Section 1. No person shall be deprived of life,
he may produce, and
liberty, or property without due process of law,
particularly describing the place
nor shall any person be denied the equal
to be searched and the persons
protection of the laws.
or things to be seized. (rights
Three rights under these section against unreasonable search
includes: and seizure)

a. right to life Search warrant is an order in writing

issued in the name of the People of the
b. liberty rights Philippines, signed by a judge and
directed to a peace officer,
c. property rights
commanding him to search for personal
Right to life is the right to be born well, and property described therein and bring it
security from pain endangering human before the court.
existence. It starts from conception and ends
Warrant of arrest is an order issued by
after death.
the court commanding any peace
Liberty right freedom to act within the bounds officer to take a person into custody in
of law. order that he may be bound to answer
for the commission of an offense.
Property rights involves ownership,
management and disposition of property SEARCH WARRANT VS. WARRANT OF
allowed by law to be appropriated. ARREST

Due process means an opportunity given for SEARCH WARRANT

one to be notified and heard before
The applicant must show:
condemnation involving rights.

Equal protection of law signifies treatment of

fairness among individuals similarly situated. It
allows valid classification.
 1. that the items sought are in fact  It must be contemporaneous with the
seizable by virtue of being connected arrest in both time and place.
with criminal activity; and
b. Search of moving vehicles

c. Consent searches
1. that the items will be found in the place
to be searched.  Only the person whose right may be
violated can give the consent; it is a
2. The judge must conduct a personal, personal right. The requisites are:
searching examination of the applicant
and his witnesses (1) The person has knowledge of his
right against the search;
WARRANT OF ARREST
(2) He freely gives his consent in spite of
The applicant must show: such knowledge.

d. Objects in plain view

1. probable cause that an offense has The following are the requisites:
been committed; and
(1) There must have been a prior
valid intrusion, and the officer must have had a
right to be at the place searched at the time of
1. that the person to be arrested the search;
committed it
(2) The evidence was inadvertently
2. The judge need not conduct a personal discovered;
examination of the applicant and his
witnesses. He may rely on the affidavits (3) The evidence must be
of the witnesses and the immediately apparent;
recommendation of the prosecutor.
(4) There was no need for further
GROUND FOR WARRANTLESS SEARCH search.

 A search and seizure without a warrant e. Customs searches

is still reasonable if conducted under
the following circumstances: f. Stop and Frisk/ Exigent circumstances

a. Incident to a lawful arrest g. Emergency

 It must be made AFTER the arrest. The A peace officer or private person may arrest
objective is to make sure that the life of without warrant:
the peace officer will not be 1. When in his presence, the person to be
endangered. arrested has committed, is actually committing,
or is about to commit an offense;
2. When an offense has just been officer is allowed to procure written
committed, and he has probable cause based order from the court to record,
on personal knowledge of facts and intercept or overhear private
circumstances that the person to be arrested conversation.
has committed it; and
 Those in possession of recorded
3. When the person to be arrested is a conversation may also be held liable in
prisoner who has escaped from a penal case of disclosure.
establishment or place where he is serving final
judgment or is temporarily confined while his Section 4. No law shall be passed abridging the
case is pending or has escaped while being freedom of speech, of expression, or of the
transferred from one confinement to another. press, or the right of the people peaceably to
assemble and petition the government for
Section 3. (1) The privacy of communication redress of grievances.
and correspondence shall be inviolable except
upon lawful order of the court, or when public  This rights is expressed only as against
safety or order requires otherwise, as the government.
prescribed by law. ( Right to privacy of  Content neutral regulation is imposed
communication and correspondence) as a limitation of this right. Content
(2) Any evidence obtained in violation of this or neutral covers the following:
the preceding section shall be inadmissible for a. time
any purpose in any proceeding.
b. Place
 Every person is entitled to privacy as to
letters or any messages in written or c. Manner in exercising the
electronic forms. freedom

 Marriage is not a valid defense to  It is also subject to tests that may result
disrespect privacy of communication to curtailment of right and liability.
and correspondence. These test includes the following:

 Under anti wiretapping law (RA 4200), a. Clear and present danger rule
intercepting telephone conversation
b. Dangerous tendency test
without any authority and or court
order is invalid and therefore against c. Balancing of interest test
the law.
CLEAR AND PRESENT DANGER RULE – that
 Overhearing conversation using words are used in such a circumstance and are
telephone extension is not covered by of such a nature as to create a clear and present
communication privacy rights. danger that they will bring about the substantial
evils that a lawmaker has a right to prevent.
 Upon written application for crimes
Government has a right to be protected against
against national interest, any peace
broadcasts which incite listeners to overthrow DIFFINITION OF TERMS
it.
 Freedom of peaceful assembly,
DANGEROUS TENDENCY TEST requires that “if sometimes used interchangeably with
the words uttered create a dangerous tendency the freedom of association, is the
which the State has a right to prevent, then individual right or ability of people to
such words are punishable. Is applied to detect come together and collectively express,
whether an act caused evil for a society. When promote, pursue, and defend their
a substantive evil is identified, it is not collective or shared ideas. The right to
unconstitutional for a government to interfere. freedom of association is recognized as
a human right, a political right and a
BALANCING OF INTEREST TEST is any judicial civil liberty.
test in which the jurists weigh the importance
of multiple factors. It requires that a  The terms freedom of assembly and
determination must first be made whether the freedom of association may be used to
necessary safeguarding of the public interest distinguish between the freedom to
involved may be achieved by some other assemble in public places and the
measure less restrictive of the protected freedom to join an association.
freedom. Freedom of assembly is often used in
the context of the right to protest,
LIMITATION ON THE FREEDOM OF EXPRESSION while freedom of association is used in
1. Overbroad Regulation: A regulation of the context of labor rights.
speech is unconstitutionally overbroad if it Freedom of speech is the liberty to speak
regulates a substantial amount of openly without fear of government restraint. It
constitutionally protected expression which is closely linked to freedom of the press
provides that a regulation of speech can sweep because this freedom includes both the right to
too broadly and prohibit protected as well as speak and the right to be heard.
non-protected speech.
Freedom of the press protects the right to
2. Content-Based Regulation: A regulation of obtain and publish information or opinions
speech or expression that is based on the without government censorship or fear of
substance of the message being communicated, punishment. Censorship occurs when the
rather than just the manner or method in which government examines publications and
the message being expressed. productions and prohibits the use of material it
3. Content-Neutral Restriction: A restriction on finds offensive.
the manner in which an expression can be  both the freedom of speech and
communicated or conveyed. These restrictions freedom of press are commonly called
apply equally to all communications, regardless freedom of expression.
of the message or view being espoused.
(Content-neutral restrictions are also  Section 5. No law shall be made
sometimes known as "time, place and manner" respecting an establishment of religion,
restrictions.) or prohibiting the free exercise thereof.
 The free exercise and enjoyment of
religious profession and worship,
without discrimination or preference,
shall forever be allowed. No religious
test shall be required for the exercise of
civil or political rights.

 Freedom of religion is a principle that

supports the freedom of an individual
or community, in public or private, to
manifest religion or belief in teaching,
practice, worship, and observance. It
also includes the freedom to change
one's religion or beliefs.

DUAL ASPECT OF FREEDOMOF RELIGION

1. Right to believe

2. Right to act on ones belief

 The right to hold a belief is absolute -

the State is not permitted to interfere
with a person’s right to autonomously
develop thoughts and a conscience.

 Once a belief is manifested (that is,

implemented) in action, it leaves the
sphere of absolute protection, because
the manifestation of a religious belief
may have an impact on others.