Rights & Justice

JUSTICE
 Rights & Justice

Three Basic Types of Justice

1. Distributive Justice

2. Retributive Justice

3. Social Justice
 Rights & Justice
Definitions of Terms
1. Distributive Justice -
Distribution of goods & services equally among the
whose who are entitled to benefit from this common
source/resource.

2. Retributive Justice -
Basically the punishment for wrong doing . Punishment
for the crime (imprisonment, community service, capital
punishment, etc.) are considered as just payment for the
crime.
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Distributive Justice
• focuses on the relationships between community and its
members, Its specific function is to ensure that burdens
and benefits are distributed in the community according
to the needs, functions, ability, qualifications, capabilities
and merits.
Retributive Justice -
Basically the punishment for wrong doing . Punishment
for the crime (imprisonment, community service, capital
punishment, etc.) are considered as just payment for
the crime.
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Distributive Justice
• Distributive justice has to guide those in authority. For example,
PNG government had allocated money for each province but not
all received equal amount. Distributive justice is done by
distributing money according to the population, service and
businesses in the particular provinces. However, it would have
been unfair if government excluded two provinces in the budget.

• Thus distributive justice has to guide those in authority. If there is

no central authority to direct, govern, and protect the common
good of the people, then the different individuals or groups will
follow their own opinions, and then the community will surely be
torn apart.
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Social Justice
• Ethic of Justice is focus on rights and laws and serves
as a base for legal principles and ideal. Social justice
is the willingness to commitment and to favour the
common good of one’s community. It requires
individuals and groups in society to direct their
private actions to the common good. It is the
responsibility of individuals to the groups to which
they belong.
Rights & Justice

RIGHTS
 Rights & Justice
1. Definition of Terms
2. Components of Rights
3. Types of Rights
4. Human Rights in UN Declaration - 1947
5. Rights & Responsibilities in PNG constitution
 Rights & Justice
Definition
• HUMAN RIGHTS are the rights that all people have by
virtue of being human beings.

• HUMAN RIGHTS are derived from the inherent dignity of

the human person and are defined internationally,
nationally and locally by various law making bodies.
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Definition
HUMAN RIGHTS is defined as the supreme, inherent rights
to life, to dignity, and to self-development. It is concerned
with issues in both areas of civil and political rights and
economic, social and cultural rights founded on
internationally accepted human rights obligations
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Human Rights
• RIGHTS – moral power to hold (rights to life, nationality, own
property, rest and leisure), to do (rights to marry, peaceful
assembly, run for public office, education), to omit (freedom from
torture and cruel, inhuman or degrading punishment, freedom
from arbitrary arrest, detention or exile) or to exact something
(equal protection of the law, equal access to public service, equal
pay for equal work)

• NATURE – Human rights are more than legal concepts: they are
the essence of man. They are what make man human. That is
why they are called human rights; deny them and you deny man’s
humanity (Jose Diokno)
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Characteristics of Human Rights
• Universal
• Internationally guaranteed
• Legally protected
• Protects individuals and groups
• Cannot be taken away
• Equal and indivisible
• Obliges States and State actors
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• Five Categories of Human Rights

• Civil – the right to be treated as an equal to anyone

else in society
• Political – the right to vote, to freedom of speech and to
obtain information.
• Economic – the right to participate in an economy that
benefits all; and to desirable work
• Social – the right to education, health care, food,
clothing, shelter and social security
• Cultural – the right to freedom of religion, and to speak
the language, and to practice the culture of one’s
choice
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Some Civil Rights
• Life
• Belief in own religion
• Opinion
• Free speech
• Non-discrimination according to sex
• Marry
• Race
• Cultural background
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Some Political Rights
• Vote in elections
• Freely form or join political parties
• Live in an independent country
• Stand for public office
• Freely disagree with views and policies of political
leaders
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Some Economic Rights
• Jobs
• Work without exploitation
• Fair wage
• Safe working conditions
• Form trade unions
• Have adequate food
• Protection against labor malpractices
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Some Social Rights
• Housing
• Education
• Health services
• Recreation facilities
• Clean environment
• Social security
 Rights & Justice
Definitions of Terms
Right: “That to which one has a just claim”
Someone makes a claim over something

Justice: “Give to each ones due”

Justice is giving to his/her due. The due or
what is owed judged objectively and impartially.
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Components of Rights
The discussion of rights involves a system of relations. Right
has a three-term relation and a foundation on which these
relations are grounded.
1. Subject of rights – the one who claims the right
2. Matter of Rights – the thing that is claimed
3. Term of Rights – others to whom the claim is binding
4. Title of Rights – the foundation or the basis of the claim.
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Subject of Rights Matter Term of Rights

of Right

Foundation/ Basis of
Rights
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1. Subject of Rights – Human Person – able to know
and understand his/her rights.
2. Matter of Rights – The object claimed – can not be a
human being.
3. Term of Rights – Human Person – subject of
Obligation – understands other’s claim.
4. Title of Rights –
a. Congenital – born with – by nature
b. Acquired – rights through some historical facts
such as inheritance, purchase
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Types of Rights
Natural Right Legal Rights
are rights which are "natural" in the sense are based on a society's customs, laws,
of "not artificial, not man-made", Vs or actions by legislatures. E.g. right to
vote of citizens.

A claim right A liberty right or privilege,

is a right which entails that another is freedom or permission for the right-
person does not have a right. Vs holder to do something, and other
parties have rights

Positive rights Negative rights

are permissions or entitlement to do an entitlement to non-interference
things "right to a lawyer Vs such as a right against being assaulted

Individual rights Group rights

are rights held by individual people Vs corporate body, Divine Word
regardless of their group membership. University
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3. Fundamental (Human) Rights

The following are considered Fundamental Human Rights:

•the right to due process
•the right to freedom of speech
•the right to freedom of religion
•the right to privacy
•the right to marry
•the right to interstate and intrastate travel
•the right to equality
•the right to assemble
•the right to bear arms
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Universal Declaration of Human Rights (UDHR)

1. The UDHR is a declaration adopted by the United Nations

General Assembly on 10 December 1948 at the Palais de
Chaillot, Paris.
2. The Declaration arose directly from the experience of the
Second World War and represents the first global expression
of rights to which all human beings are inherently entitled.
3. The Declaration consists of thirty articles which have
been elaborated in subsequent international treaties,
regional human rights instruments, national constitutions,
and other laws.
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The Universal Declaration of Human Rights
Structure: Foundation, four Sections and Conclusion
Foundation - 1 - 2 principles of dignity, liberty, equality, and brotherhood.
Section One: 3–11 The rights of the individual such as the right to life and
the prohibition of slavery.
Section Two: 12–17 The rights of the individual in civil and political
society including such things as Freedom of movement.
Section Three 18–21 Concerned with spiritual, public, and political
freedoms such as freedom of association, thought, conscience, and religion.
Section Four 22–27 Concerns with social, economic, and cultural rights.
Conclusion 28-30 Concerned with the duty of the individual to society and
the prohibition of use of rights in contravention of the purposes of the
United Nations Organization
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The Universal Declaration of Human Rights

Article 1. All human beings are born free and equal in dignity
and rights.
Article 2. Everyone is entitled to all the rights and freedoms set
forth in this Declaration, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Article 3. Everyone has the right to life, liberty and security of
person.
Article 4. No one shall be held in slavery or servitude; slavery
and the slave trade shall be prohibited in all their forms.
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The Universal Declaration of Human Rights

Article 5. No one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment.
Article 6. Everyone has the right to recognition everywhere as a person
before the law.
Article 7. All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration and
against any incitement to such discrimination.
Article 8. 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.
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
 Rights & Justice
5. Rights and obligations Under PNG Constitution.

Since Independence in 1975, PNG became a member of the

United Nations and signed to uphold the United Nations
Declaration of Human Rights.
In the constitution of PNG there are two places where rights
and obligations are stated.
1. In the preamble of the Constitution: Basic Rights and
Basic Obligations of Citizens
2. In the Constitution (32 – 74) basic Rights, freedom,
privileges are outlined.
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Basic Rights.
WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed
by law on non-citizens, all persons in our country are entitled to the
fundamental rights and freedoms of the individual, that is to say, the
right, whatever their race, tribe, places of origin, political opinion,
colour, creed or sex, but subject to respect for the rights and freedoms
of others and for the legitimate public interest, to each of the
following:–
(a) life, liberty, security of the person and the protection of the law; and
(b) the right to take part in political activities; and
(c) freedom from inhuman treatment and forced labour; and
(d) freedom of conscience, of expression, of information and of
assembly and association; and
 Rights & Justice
Basic Rights.
(e) freedom of employment and freedom of movement; and
(f) protection for the privacy of their homes and other
property and from unjust deprivation of property,
and have accordingly included in this Constitution provisions
designed to afford protection to those rights and freedoms,
subject to such limitations on that protection as are contained
in those provisions, being limitations primarily designed to
ensure that the enjoyment of the acknowledged rights and
freedoms by an individual does not prejudice the rights and
freedoms of others or the legitimate public interest.
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Basic Social Obligations.
WE HEREBY DECLARE that all persons in our country have the following basic
obligations to themselves and their descendants, to each other, and to the Nation:–
(a) to respect, and to act in the spirit of, this Constitution; and
(b) to recognize that they can fully develop their capabilities and advance their true
interests only by active participation in the development of the national community
as a whole; and
(c) to exercise the rights guaranteed or conferred by this Constitution, and to use the
opportunities made available to them under it to participate fully in the
government of the Nation; and
(d) to protect Papua New Guinea and to safeguard the national wealth, resources
and environment in the interests not only of the present generation but also of
future generations; and
(e) to work according to their talents in socially useful employment, and if necessary
to create for themselves legitimate opportunities for such employment; and
(f) to respect the rights and freedoms of others, and to co-operate fully with others
in the interests of interdependence and solidarity; and
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Basic Social Obligations.
(g) to contribute, as required by law, according to their means to the revenues
required for the advancement of the Nation and the purposes of Papua New
Guinea; and
(h) in the case of parents, to support, assist and educate their children (whether
born in or out of wedlock), and in particular to give them a true understanding
of their basic rights and obligations and of the National Goals and Directive
Principles; and
(i) in the case of the children, to respect their parents.

IN ADDITION, WE HEREBY DECLARE that all citizens have an obligation to

themselves and their descendants, to each other and to the Nation to use profits
from economic activities in the advancement of our country and our people, and
that the law may impose a similar obligation on non-citizens carrying on economic
activities in or from our country.
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Rights in the Constitution of PNG
Structure:
Subdivision A – Introductory.
32. Right to freedom.
33. Other rights and freedoms, etc.
34. Application of Division 3.
Subdivision B – Fundamental Rights.
35. Right to life.
36. Freedom from inhuman treatment.
37. Protection of the law.
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Rights in the Constitution of PNG

Subdivision C – Qualified Rights.

38. General qualifications on qualified rights.
39. “Reasonably justifiable in a democratic society”, etc.
40. Validity of emergency laws.
41. Proscribed acts.
42. Liberty of the person.
43. Freedom from forced labour.
44. Freedom from arbitrary search and entry.
45. Freedom of conscience, thought and religion.
46. Freedom of expression.
47. Freedom of assembly and association.
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Rights in the Constitution of PNG

48. Freedom of employment.

49. Right to privacy.
50. Right to vote and stand for public office.
51. Right to freedom of information.
52. Right to freedom of movement.
53. Protection from unjust deprivation of property.
54. Special provision in relation to certain lands.
55. Equality of citizens.
56. Other rights and privileges of citizens.
 Rights & Justice
Rights in the Constitution of PNG

57. Enforcement of guaranteed rights and freedoms.

58. Compensation.
59. Principles of natural justice.
60. Development of principles.
61. Basic rights and freedoms.
62. Decisions in “deliberate judgement”.
63. Enforcement of the Basic Social Obligations.
64. Dual citizenship.
65. Automatic citizenship on Independence Day.
66. Citizenship by descent.
67. Citizenship by naturalization.
68. Special provisions relating to naturalization.
69. Application for naturalization.
70. Automatic loss of citizenship.
71. Acts done under compulsion of law.
72. Renunciation of citizenship.
73. Regaining citizenship.
74. Loss and regaining of citizenship by certain children.
 Rights & Justice
Rights in the Constitution of PNG

Some examples
35. RIGHT TO LIFE.
(1) No person shall be deprived of his life intentionally except–
(a) in execution of a sentence of a court following his conviction of an offence for which the
penalty of death is prescribed by law; or

(b) as the result of the use of force to such an extent as is reasonable in the circumstances of the
case and is permitted by any other law–
(i) for the defense of any person from violence; or
(ii) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained; or
(iii) for the purpose of suppressing a riot, an insurrection or a mutiny; or
(iv) in order to prevent him from committing an offence; or
(v) for the purpose of suppressing piracy or terrorism or similar acts; or
(c) as the result of a lawful act of war.
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Rights in the Constitution of PNG

36. FREEDOM FROM INHUMAN TREATMENT.

(1) No person shall be submitted to torture (whether physical or
mental), or to treatment or punishment that is cruel or otherwise
inhuman, or is inconsistent with respect for the inherent dignity of the
human person.
(2) The killing of a person in circumstances in which Section 35(1)(a)
(right to life) does not, of itself, contravene Subsection (1), although
the manner or the circumstances of the killing may contravene it.
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Rights in the Constitution of PNG
Qualified Right
45. FREEDOM OF CONSCIENCE, THOUGHT AND RELIGION.
(1) Every person has the right to freedom of conscience, thought and
religion and the practice of his religion and beliefs, including freedom to
manifest and propagate his religion and beliefs in such a way as not to
interfere with the freedom of others, except to the extent that the
exercise of that right is regulated or restricted by a law that complies
with Section 38 (general qualifications on qualified rights).
(2) No person shall be compelled to receive religious instruction or to take
part in a religious ceremony or observance, but this does not apply to
the giving of religious instruction to a child with the consent of his parent
or guardian or to the inclusion in a course of study of secular instruction
concerning any religion or belief.
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Rights in the Constitution of PNG
45. FREEDOM OF CONSCIENCE, THOUGHT AND RELIGION.
(3) No person is entitled to intervene unsolicited into the religious
affairs of a person of a different belief, or to attempt to force his or
any religion (or irreligion) on another, by harassment or otherwise.
(4) No person may be compelled to take an oath that is contrary
to his religion or belief, or to take an oath in a manner or form
that is contrary to his religion or belief.
(5) A reference in this section to religion includes a reference to
the traditional religious beliefs and customs of the peoples of
Papua New Guinea.