Human Rights
Course Objectives.
a. Understand the definition and scope of human rights.
b. Explore the historical development of human rights.
c. Learn the fundamental principles of human rights.
d. Identify the different categories of human rights.
e. Examine the status of human rights in the Philippines.
f. Understand the application of human rights in the Bureau of Fire Protection
(BFP).
1. Definition.
● Human Rights is defined as the supreme inherent, and inalienable 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.
● Rights defined as moral power to hold (right to life, nationality, own property,
rest and leisure), to do (rights to marry, peaceful assembly, run for public
office, education), to omit (freedom form torture and cruelty, inhuman and
degrading punishment, freedom from arbitrary arrest, detention and exile) or
to exact something (equal protection of law, equal access to public service,
equal pay for equal work).
2. Brief History.
2.1. Basis for formulation of Human Rights.
● Throughout much of history, people acquired rights and
responsibilities through their membership in a group – a family,
indigenous nation, religion, class, community, or state.
2.2. Earliest sources
2.2.1. Code of Hammurabi
● The Code of Hammurabi is a Babylonian legal text composed during
1755–1750 BC. It is the longest, best organized, and best-preserved
legal text from the ancient Near East. It is written in the Old
Babylonian dialect of Akkadian, purportedly by Hammurabi, sixth king
of the First Dynasty of Babylon.
● The Hammurabi code of laws, a collection of 282 rules, established
standards for commercial interactions and set fines and punishments
to meet the requirements of justice.
● In the prologue, Hammurabi claims to have been granted his rule by
the gods "to prevent the strong from oppressing the weak".
2.2.2. Analects of Confucius
● Confucian teaching develops based on 'jen' or benevolence and
respect for other people
2.2.3. Roman Empire.
● The Roman Empire developed the concepts of natural law and the
rights of citizens.
2.2.4. Christianity and the Bible
● Jesus Christ preaches morality, tolerance, justice, forgiveness and
love. The Christian New Testament teaches equality before God: 'In
Christ there is neither Jew nor Greek, slave nor free, male nor female.'
2.2.5. Prophet Mohammed and the Quran
● Prophet Mohammed teaches the principles of equality, justice and
compassion revealed in the Qur’ān.
2.3. Medieval Period
2.3.1. Magna Carta (1215)
● Magna Carta, charter of English liberties granted by King John on June
15, 1215, under threat of civil war and reissued, with alterations, in
1216, 1217, and 1225. By declaring the sovereign to be subject to the
rule of law and documenting the liberties held by “free men,” the
Magna Carta provided the foundation for individual rights in Anglo-
American jurisprudence.
2.3.2. Sir Thomas Aquinas and the Theory of Natural Rights (13th Century)
● asserting that certain rights are inherent by virtue of human nature
endowed by nature; traditionally God or a transcendent source and
can be understood universally through human reason.
2.4. Age of Enlightenment
2.4.1. English Declaration of the Rights of Man (1689)
2.4.2. U.S. Declaration of Independence (1776)
2.4.3. French Declaration of the Rights of Man and of the Citizen (1789)
2.4.4. United States Constitution and Bill of Rights (1791)
2.4.5. 1863: Emancipation Proclamation, United States
2.4.6. 1864 & 1949: Geneva Conventions, International Red Cross
2.4.7. 1919: League of Nations Covenant, International Labor Organization (ILO)
Created
2.4.8. 1920: Women gain the right to vote in the U.S.
2.4.9. 1926: Slavery Convention
2.4.10.1945: United Nations Charter, San Francisco
2.4.11.1947: Mohandas Gandhi used non-violent protests leading India to
independence.
2.5. After the World War II
● In 1945, after the horrors of World War II, an international organization was
established, the United Nations. It was dedicated to maintaining peace and
security and to solving humanitarian problems.
● So, in 1948, they developed a code of conduct for the protection of basic
human rights to be used across the world. This was called the “Universal
Declaration of Human Rights”
● It is not legally binding, but its content has been incorporated into the laws of
many countries, and it has become a standard measure of human rights
across the world.
3. Principles of Human Rights.
3.1. Main Principle.
● The rights that someone has simply because he or she is a human
being and born into this world.
3.2. Core Principles of Human Rights
3.2.1. Human Dignity
● Every human being is entitled to dignity and respect.
3.2.2. Equality and Non-discrimination
● Everyone is equal before the law and should be treated without
discrimination based on any characteristic.
3.2.3. Universality
● Human rights apply to all individuals, everywhere in the world.
3.2.4. Interdependency
● The enjoyment of one human right often depends on the enjoyment of
others.
3.2.5. Indivisibility
● All human rights are equally important and interconnected.
3.2.6. Inalienability
● Human rights cannot be taken away.
3.2.7. Responsibility.
● Individuals also have a responsibility to respect the rights of others.
4. Categories of Human Rights.
4.1. Primary Categories
● Civil Rights
● Political Rights
● Economic Rights
● Social Rights
● Cultural Rights
4.2. Civil and Political Rights
● These rights focus on individual liberties and freedom from state
interference.
4.2.1. Covenant of Civil and Political Rights
● Prohibits discrimination based on “race, color, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status” without regard to citizenship
● Prohibits torture and cruel, inhuman or degrading treatment or
punishment (personal integrity)
● Prohibits slavery
● Right to elect government and vote
● Limits the death penalty.
● Prohibits arbitrary arrest or detention
● Protects freedom of movement and residence
● Protects the right to trial, presumption of innocence, right to a lawyer,
right to an appeal, freedom from self-incrimination, and freedom from
double jeopardy
● Protects freedom of opinion and expression
● Protects freedom of association and assembly
4.3. Economic, Social and Cultural Rights.
● These rights concern the well-being of individuals and societies.
● Economic Rights deal with the sphere of human beings working,
producing and servicing.
● Social Rights deal with standard of living and quality of life for all
persons, including those not participating in economic activities.
● Cultural Rights deal with the cultural sphere of life including ethnic
culture, subcultures, arts and science.
4.3.1. Covenant of Economic, Social and Cultural Rights.
● Right to work and make a “decent living for themselves and their
families”
● Safe and healthy working conditions
● Right to form trade unions with the right to strike
● Right of everyone to Social Security, including social insurance
“widest possible protection and assistance should be accorded to
the family, which is the natural and fundamental group unit of
society”
● Right to adequate food, clothing and housing and to the continuous
improvement of living conditions
● Right to education
● Right to health care
● Right against labor malpractice
● Right to use their own language, cultural development and ancestral
domain.
5. Human Rights in the Philippines
● The fundamental source of human rights in the Philippines is enshrined in
the 1987 Philippine Constitution particularly Article III Bill of Rights.
● Human Rights in the Philippines are consistent with the Universal
Declaration of Human Rights (UHDR) considering the Philippines is one of
the countries voted for the declaration in 1948.
6. Present Challenges:
6.1. Extrajudicial Killings: Concerns remain about extrajudicial killings,
particularly those linked to the "drug war" and by unidentified assailants.
6.2. Enforced Disappearances: Enforced disappearances, including those of
activist Jonas Burgos and students Karen Empeno and Sherlyn Cadapan,
remain unresolved.
6.3. Restrictions on Media Freedom: Concerns exist about violence, threats, and
unjustified arrests or prosecutions of journalists, along with the use of
criminal libel laws.
7. Human Rights application in the BFP.
● The BFP as a government institution, must uphold and respect human rights
when performing its mandates.
● The Fire Code must be enforced taking into consideration the rights of its
clients particularly the right of privacy. Therefore, the fire safety inspection
must be done only with valid Inspection Order and the consent of the
property owner.
● Deprivation of property through the issuance of Closer Order must only be
done if all the procedures provided in the Fire Code have been followed,
especially the notices.
● Consent must always be asked before administering any first aid to victims
or patients.