HUMAN RIGHTS
HISTORY
* Cyrus the Great freed the slaves of Babylon
* Cyrus Cylinder - world's first charter of Human Rights
* Spread to India, Greece, and Rome
* The Magna Carta (Great Charter) signed by the King John
* Petition of Right of 1628
* The Charter of the United Nations took effect on October 24, 1945.
HISTORY
Following the second world war, a series of declarations and covenants began 1s articulate universal
human rights
* In 1948, for the first time, countries agreed on a comprehensive list of inalienable human rights: In
December of that year, the United Nations General Assembly adopted the Universal Declaration of
Human Rights (UDHR), a indestone that would profoundly influence the development of international
human nghts low
* In December 1966, the UN General Assembly adopted two international treaties that would further
shape Interational human rights: the international Covenant on Economic Social and Cultural Rights
(ICESCR), and the international Covenant on Civil and Political Rights (ICCPR): These are often referred to
as "the Internatioral Covenants.* Together, the UDHR and these two Covenants are known as the
International Bill of Human Rights.
Human - a human being, especially a person as distinguished from an animal or (in science fiction) an
alien.
Rights - A power or privilege held by the general public as the result of a constitution, statute,
regulation, judicial precedent, or other type of law. A legally enforceable claim held by someone as the
result of specific events or transactions.
HUMAN RIGHTS
• Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights include the right to life and liberty, freedom from
slavery and torture, freedom of opinion and expression, the right to work and education, and many
more. Everyone is entitled to these rights, without discrimination.
1. Inherent - not granted by law
2. Inalienable - cannot be taken away from any individual
3. Interdependent - fulfilment of one right cannot be attained without the fulfilment of the other
rights.
4. Imprescriptible - not lost by mere passage of time.
5. Indivisible - denial of one right Invariably impedes enjoyment of other rights.
6. Fundamental - it is essential and natural to the development of a Human Being.
7. Universal - available to all human beings without distinction.
CLASSIFICATION of HUMAN RIGHTS (as to DEROGABILITY)
[Link]-Derogable Rights / Absolute Rights
- Rights that cannot be suspended nor taken away nor restricted or limited even in extreme emergency
and even if government invoke national security.
[Link] Rights / Relative Rights - Maybe suspended or restricted or limited depending on
circumstances-for preservation of social life.
CLASSIFICATION of HUMAN RIGHTS (as to SOURCE)
1. Natural/Moral Rights - God given rights, acknowledged morally good.
2. Legal Rights - granted by law
3. Constitutional Rights
4. Statutory Rights
CLASSIFICATION of HUMAN RIGHTS (as to ASPECT of LIFE)
1. Civil Rights
2. Political Rights
3. Economic, Social, and Cultural Rights
CLASSIFICATION of HUMAN RIGHTS (as to ASPECT of LIFE)
1. Civil Rights (+)
Rights the law will enforce al instance of private individuals for purpose of securing to them the
enjoyment of happiness Civil rights guarantee people from abuses of State agents in the exercise of the
state's three (3) inherent powers (police power, power of imminent domain and power of taxation).
2. Political Rights (+)
are those rights which enables us to participate in the running of affairs of the government, either
directly or indirectly.
1. Economic, Social, and Cultural Rights (-)
Rights of people to self-determination, to pursue economic, social and cultural development and
financial security. Ensure a life dignity. Called positive rights - State expected to take effective measures
to fulfill them. Referred as programmable rights - depends upon resources and political will of the state.
KINDS of HUMAN RIGHTS
First generation: Civil and Political Rights
Second generation: Economic Social and Cultural Rights
Third generation: Solidarity Rights or Collective Rights
First Generation: - The first generation of nights gradually received over centuries during the long
development of democratic society and serve as a protection of the individuals from the arbitrary
exercise of police power. Examples of these rights are:
1. The right to life Iiberty and cocurty of person:
2. Right against tortures
3. Right to equal protection against any discrimination
4. Right against arbitrary arrest and detention;
5. Right to a fair and public hearing by an independent and impartial tribunal;
6. Right to be presumed innocent until proven guilty
7. Right to privacy, freedom of opinion and expression, etc
KINDS of HUMAN RIGHTS
First Generation- can be found in Philippine laws
1. The Constitution- Article III, Bill of Rights
2. Special Laws Republic Act No. 7438 (Rights of Persons Arrested, Detained or Under Custodial
Investigation) Republic Act No. 8493 (Speedy Trial Act of 1998), Republic Act No. 10350 (Anti-Enforced
Disappearance Act)
3. Republic Act No. 9745 (Penalizes Acts of Torture)
4. Republic Act No. 9851 (Penalizes Crime Against International Humanitarian Law, etc,) Republic
Act No. 10368 (Creation of Human Rights Victims Claims Board
Second Generation: - The second generation of rights, started to be recognized when people realized
that possession of the first generation of liberty rents would to valuesness without the enjoyment of
eonomic, social, and cultural rights The experience of tho Third World countries in their struggle against
colonizers , the influence of Socialism and encyclicals of the Popos all contributed to ta development and
appreciation of the economic, social and cultural rights
example of these rights are:
The right to work
Right to social security
Right to form and to join trade unions
Right to education
Right to rest and leisure
Right to health
Right to shelter
Third Generation: - The third generation of rights is Intended to benefit individuals, groups and peoples
and its realization will need global cooperation based on international solidarity (Rosas and Scheinin,
1999, p. 65).
Examples of these rights are:
Right to peace
Right to development Environmental rights
Rights of women Rights of children
Right to humanitarian disaster Right to waiver
OBLIGATIONS to HUMAN RIGHTS
- Obligation to Respect
- Obligation to Protect
- Obligation to Fulfill
STATE OBLIGATIONS to HUMAN RIGHTS
1. Obligation to Respect - requires the state and all its organs and agents to abstain from doing
anything that violates the integrity of individual or fringes on his or her freedom
2. Obligation to Protect - requires the state and its agents the measures necessary to prevent other
individuals or groups from violating the integrity freedom of action or the human rights of the individual.
3. Obligation to Fulfill - requires the state measures to ensure for each person within its jurisdiction
opportunities to obtain satisfaction of those needs, recognized in the human rights instruments, which
cannot be secured by personal efforts.
CONDITIONS JUSTIFY to LIMITATION of HUMAN RIGHTS
1. It is provided by law which is made known to every citizen.
2. There is a state emergency which necessitates the urgent preservation of the public good, public
safety, and public morals.
3. It does not exceed what is strictly necessary to achieve its purpose.
FREEDOM VS HUMAN RIGHTS
Rights are an individual's moral or legal entitlement to have or do something.
Freedom is the absence of necessity, coercion, or constraint in choice or action.
Right - something you can demand; common. privilege
Freedom - absence of control over action
- Getting a chance to vote at the national elections means getting your rights.
- Getting a chance to vote for someone you really want to vote for means freedom
Rights Vs. Freedoms....
What is a right?
* A legal, moral or social claim that citizens can expect mainly from their government.
* Inalienable rights: Guaranteed incitements trial cannot be transferred from one person to another
What Is a freedom?
• The right to conduct one's affairs without government interference.
The STATE / GOVERNMENT
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
Bill of Rights and Constitutional Rights
What is Constitution?
Constitutions are described as the basic principles of the state, the structures and processes of
government and the fundamental higher law that cannot be unilaterally changed by an ordinary
legislative act. This higher law or supreme law is usually referred to as a constitution.
Human Rights Legal Framework In the Philippines.
Under the Philippine setting, the rights of the Filipinos can be found at Article III (Bill of Rights) of the
Philippine Constitution.
Human rights in the Philippines are also guided by the UNs International Bill of Human Rights - a
consolidation of 3 legal documents 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).
Bill of Rights and Constitutional Rights The past constitutions of the Philippines include:
* The 1899 Maloos Constution (1899-1901)
* The 1935 Constlution (1935-1943, 1945-1973)
* The 1943 Constflution (1943-1945)
* The 1973 Corsitution (1973-1868)
* The 1987 Consitution (1967-present)
Bill of Rights may be defined as a declaration and enumeration of a person's rights and privilege which
the Constitution is designed to protect against violations by the government, or by an individual or
groups of individuals. It is a charter of liberties for the individual and a limitation. upon the power of the
state.
Who Oversees the Fulfillment and Protection of Human Rights or Bill of Rights in the Philippines?
In the Philippines, the Commission on Human Rights (CHR) primarily handles the Investigations of
human rights violations. However, it has no power to resolve issues.
Established in 1986 during the administration of President Corazon Aquino, CHR is an independent body
which ensures the protection of human rights guaranteed by the Bill of Rights.
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.
Section 20. No person shall be imprisoned for debt or nonpayment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Statutory Rights
* Rights of the Accused
* Rights of a Person under Custodial Investigation, and Deprivation of Liberty
* Women and Children's Rights
* Rights of Cultural Minorities or IP
* Rights of Prisoners
* Human Rights and the CJS
Due process of law
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Due process of law
1. The accused must be heard by a court of COMPETENT JURISDICTION
2. He must have been proceeded against under ORDERLY PROCESSES OF THE LAW
3. He may be punished only after INQUIRY AND INVESTIGATION
4. There must be NOTICE to the accused
5. The accused must be given an OPPORTUNITY TO BE HEARD
6. Judgment must be rendered WITHIN THE AUTHORITY of constitutional law
Free Access to Courts
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Adequate legal assistance
Section 14. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of witnesses and the production
of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear is unjustifiable.
Rights of a Person under Custodial Investigation, and Deprivation of Liberty
Custodial Investigation refers to the investigation conducted by law enforcement immediately after
arrest for the commission of an offense.
Rights of a Person under Custodial Investigation, and Deprivation of Liberty
The Miranda doctrine requires that:
* any person under custodial investigation has the right to remain silent;
* anything he says can and will be used against him in a court of law:
* he has the right to talk to an attorney before being questioned and to have his counsel present
when being questioned; and
* if he cannot afford an attorney, one will be provided before any questioning if he so desires.
Rights of a Person under Custodial Investigation, and Deprivation of Liberty
When is an extrajudicial confession admissible?
It is admissible when:
1. Voluntary:
2. Made with assistance of counsel;
3. In writing; and
4. Express.
Rights of a Person under Custodial Investigation, and Deprivation of Liberty
Republic Act No. 7438 - An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing
Penalties for Violations thereof.
Rights of a Person under Custodial Investigation, and Deprivation of Liberty
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence of
his counsel; otherwise the waiver shall be null and void and of no effect.
Rights of a Person under Custodial Investigation, and Deprivation of Liberty
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Women and Children's Rights
Republic Act 9262- An Act Defining Violence Against Women. and their Children, Providing for
Protective Measures for Victims thereof, and for other Purposes
Republic Act 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act