HUMAN RIGHTS EDUCATION

Prepared by: Marjorie Pascual Bunagan, RCrim

CHAPTER I
HUMAN RIGHTS EDUCATION

The preamble of the Universal Declaration of Human Rights (UDHR) states that respect for human
rights and dignity is the foundation of freedom, justice, and world peace.
The United Nations General Assembly has proclaimed the declaration as "a common standard of
achievement for all peoples and all nations, to the end that every individual and every organ of
society, keeping this Declaration in mind, shall strive by teaching and education to promote
respect for these rights and freedoms and by progressive measures, national and international, to
secure their universal and effective recognition and observance both among the peoples of
member States themselves and among the peoples of territories under their jurisdiction." The
United Nations Decade for Human Rights Education (1995-2004), proclaimed in accordance with
the Vienna Declaration and Programme of Action (1993) has provided governments, international
organizations, NGOs, professional associations, and all other sectors of civil society with a
common strategy in worldwide efforts for human rights education, training and public
information. The current World Programme for Human Rights Education of the United Nations
serves to continue what the UN Decade had started.
What is Human Rights Education?
Human rights education is all learning that develops the knowledge, skills, and values of human
rights. The United Nations Decade for Human Rights Education (1995-2004) has defined Human
Rights Education as "training, dissemination, and information efforts aimed at the building of a
universal culture of human rights through the imparting of knowledge and skills and the molding
of attitudes which are directed to:
(a) The strengthening of respect for human rights and fundamental freedoms;
(b) The full development of the human personality and the sense of its dignity;
(c) The promotion of understanding, respect, gender equality, and friendship among all nations,
indigenous peoples and racial, national, ethnic, religious and linguistic groups;
(d) The enabling of all persons to participate effectively in a free society;
(e) The furtherance of the activities of the United Nations for the Maintenance of Peace."
(Adapted from the Plan of Action of the United Nations Decade for Human Rights Education
(1995-2004), paragraph 2)
During this Decade, the UN is urging and supporting all member states to make knowledge about
human rights available to everyone through both the formal school system and through popular
and adult education.
Human Rights Education as a Human Right
Education in human rights
is itself a fundamental
human right and also a responsibility: the Preamble to the Universal Declaration of Human Rights
(UDHR exhorts
"every individual and every organ of society" to "strive by teaching and education to promote
respect for these rights and freedoms.
." The International Covenant on Civil and
Political Rights (ICCPR) declares that a government "may not stand in the way of people learning
about [their rights]."
Although news reports refer to human rights every day, "human rights literacy" is not widespread
in the United States. Students of law and international relations or political science may study
human rights in a university setting, but most people receive no education, formally or informally,
about human rights. Even human rights activists usually acquire their knowledge and skills by
self-teaching and direct experience.
When Americans say, "I've got my rights," they usually think of those civil and political rights
defined in the US Bill of Rights, which includes freedom of assembly, freedom of worship, and the
right to a fair trial. Few, however, realize that social, economic, and cultural rights such as health
care, housing, or a living wage, are also human rights guaranteed in the UDHR.
People who do not know their rights are more vulnerable to having them abused and often lack
the language and conceptual framework to effectively advocate for them.
Growing consensus around the world recognizes education for and about human rights as
essential. It can contribute to the building of free, just, and peaceful societies. Human rights
education is also increasingly recognized as an effective strategy to prevent human rights abuses.
Rights, Responsibilities, and Action
Integral to learning about one's human rights is learning about the responsibilities that
accompany all rights.
Just as human rights belong to both individuals and society as a whole, the responsibility to
respect, defend, and promote human rights is both individual and collective. The Preamble of the
UDHR, for example, calls not only on governments to promote human rights, but also on "every
individual and every organ of society." Human rights education provides the knowledge and
awareness needed to meet this responsibility.
The responsibilities of all citizens in a democratic society are inseparable from the responsibility
to promote human rights. To flourish, both democracy and human rights require people's active
participation. Human rights education includes learning the skills of advocacy - to speak and act
every day in the name of human rights.
Human rights education also provides a basis for conflict resolution and the promotion of social
order. Rights themselves often clash, such as when one person's commitment to public safety
conflicts with another's freedom of expression. As a value system based on respect and the
equality and dignity of all people, human rights can create a framework for analyzing and
resolving such differences. Human rights education also teaches the skills of negotiation,
mediation, and consensus building.
The Goals of Human Rights Education
Human rights education teaches both about human
rights and for human rights.
Its goal is to help people understand human rights, value human rights, and take responsibility
for respecting, defending, and promoting human rights. An important outcome of human rights
education is empowerment, a process through which people and communities increase their
control of their own lives and the decisions that affect them. The ultimate goal of human rights
education is people working together to bring about human rights, justice, and dignity for all.
Education about human rights provides people with information about human rights. It includes
learning -
1. about the inherent dignity of all people and their right to be treated with respect
2. about human rights principles, such as the universality, indivisibility, and interdependence of
human rights
3. about how human rights promote participation in decision making and the peaceful resolution
of conflicts
4. about the history and continuing development of human rights
5. about international law, like the Universal Declaration of Human Rights or the Convention on
the Rights of the Child
6. about regional, national, state, and local law that reinforces international human rights law
7. about using human rights law to protect human rights and to call violators to account for their
actions
8. about human rights violations such as torture, genocide, or violence against women and the
social, economic, political, ethnic, and gender forces which cause them
9. about the persons and agencies that are responsible for promoting, protecting, and respecting
human rights Education for human rights helps people feel the importance of human rights,
internalize human rights values, and integrate them into the way they live. These human rights
values and attitudes include -
1. "strengthening respect
for human rights and
fundamental freedoms" (UDHR Article 30.2)
2. nurturing respect for others, self-esteem, and hope
3. understanding the nature of human dignity and respecting the dignity of others
4. empathizing with those whose rights are violated and feeling a sense of solidarity with them
5. recognizing that the enjoyment of human rights by all citizens is a precondition to a just and
humane society.
6. perceiving the human rights dimension of civil, social, political, economic, and cultural issues
and conflicts both in the US and other countries
7. valuing non-violence and believing that cooperation is better than conflict
Education for human rights also gives people a sense of responsibility for respecting and
defending human rights and empowers them through skills to take appropriate action.
These skills for action include -
1. recognizing that human rights may be promoted and defended on an individual, collective, and
institutional level
2. developing critical understanding of life situations
3. analyzing situations in moral terms
4. realizing that unjust situations can be improved
5. recognizing a personal and social stake in the defense of human rights
6. analyzing factors that cause human rights violations
7. knowing about and being able to use global, regional, national, and local human rights
instruments and mechanisms for the protection of human rights
8. strategizing appropriate responses to injustice
9. acting to promote and defend human rights
Who Needs Human Rights Education?
Human rights should be part of everyone's education.
However, certain groups have a particular need for human rights education: some because they
are especially vulnerable to human rights abuses, others because they hold official positions and
upholding human rights is their responsibility, still others because of their ability to influence and
educate.
Among these groups are the following:
Administrators of Justice:
1. law enforcement personnel, including police and security forces 2. prison officials
3. lawyers, judges, and prosecutors
Other Government and Legislative Officials:
1. members of the legislature
2. public officials, elected and appointed
3. members of the military
Other Professionals:
1. educators
2. social workers
3. health professionals
4. journalists and media representatives
Organizations, Associations, and Groups
1. women's organizations
2. community activists and civic leaders
3. minority groups
4. members of the business community
5. trade unionists
6. indigenous peoples
7. religious leaders and others with a special interest in social justice issues
8. children and youth
9. students at all levels of education
10. refugees and displaced persons
11. people of all sexual orientations
12. poor people, whether in cities or rural areas
13. people with disabilities
14. migrant workers

Basic Human Rights Principles

Human rights are rights inherent to all human beings, whatever our
nationality, place of residence, sex, national or ethnic origin, color, religion,
language, or any other status. We are all equally entitled to our human
rights without discrimination. These rights are all interrelated,
interdependent and indivisible.
Universal human rights are often expressed and guaranteed by law, in the
forms of treaties, customary international law, general principles and other
sources of international law. International human rights law lays down
obligations of Governments to act in certain ways or to refrain from certain
acts, in order to promote and protect human rights and fundamental
freedoms of individuals or groups.
I. Definition of Human Rights
a. Human rights are rights that every human being has by virtue of
his or her human dignity;
b. Human rights are the sum of individual and collective rights laid
down in State constitutions and international law;
c. Human rights are manifold – human rights pertain to all aspects
of life.
II. The importance of studying human rights:
a. Human rights education promotes democratic principles and
examines human rights issues without bias and from diverse
perspectives through a variety of educational practices;
b. It promotes understanding of the complex global forces that create
abuses, as well as the ways in which abuses can be abolished and
even avoided;
c. Human rights education provides multicultural and historical
perspectives on the universal struggles for justice and dignity;
d. It declares commitment and asserts the responsibility to respect,
protect, and promote the rights of all people regardless of
differences;
e. Human rights education includes learning about human rights
and for human rights.
III. Characteristics of Human Rights:
1. Universal and Inalienable - The principle of universality of human
rights is the cornerstone of international human rights law. This principle, as first emphasized in
the Universal Declaration on Human
Rights in 1948, has been reiterated in numerous international human
rights conventions, declarations, and resolutions. Human rights are
universal in a sense that it is applicable to everybody regardless
of age, gender preference, races, language, status and religion.
Human rights are inalienable. They should not be taken away,
except in specific situations and according to due process. For
example, the right to liberty may be restricted if a person is found
guilty of a crime by a court of law.
2. Interdependent and Indivisible - All human rights are indivisible,
whether they are civil and political rights, such as the right to life,
equality before the law and freedom of expression; economic, social
and cultural rights, such as the rights to work, social security and
education, or collective rights, such as the rights to development and
self-determination, are indivisible, interrelated and interdependent.
The improvement of one right facilitates advancement of the
others. Likewise, the deprivation of one right adversely affects the
others.
3. Equal and non-discriminatory - Non-discrimination is a cross-cutting
principle in international human rights law. The principle applies to
everyone in relation to all human rights and freedoms and it prohibits
discrimination on the basis of a list of non-exhaustive categories
such as sex, race, colour and so on. The principle of non-
discrimination is complemented by the principle of equality, as
stated in Article 1 of the Universal Declaration of Human Rights: “All
human beings are born free and equal in dignity and rights.”
4. Both rights and obligations - Human rights entail both rights and
obligations. States assume obligations and duties under
international law to respect, to protect and to fulfil human rights.
The obligation to respect means that States must refrain from
interfering with or curtailing the enjoyment of human rights. The
obligation to protect requires States to protect individuals and
groups against human rights abuses. The obligation to fulfil means
that States must take positive action to facilitate the enjoyment
of basic human rights. At the individual level, while we are entitled
our human rights, we should also respect the human rights of
others.
IV. Abbreviated version of the Universal Declaration of Human
Rights:
Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery ls Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and
Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights
Education for human rights helps people feel the importance of human
rights, internalize human rights values, and integrate them into the way they
live. These human rights values and attitudes include the following:
a. Understanding the nature of human dignity and respecting the dignity
of others;
b. Empathizing with those whose rights are violated and feeling a sense
of solidarity with them;
c. Recognizing that the enjoyment of human rights by all citizens is a
precondition to a just and humane society;d. Valuing non-violence and believing that cooperation
is better than
conflict
Education for human rights empowers people through skills to take
appropriate action such as:
a. b. c. Developing critical understanding of life situations;
Analyzing situations in moral terms;
Realizing that unjust situations can be improved;
d. Recognizing a personal and social stake in the defense of human
rights;
e. f. Analyzing factors that cause human rights violations;
Knowing about and being able to use global, regional, national, and
local human rights instruments and mechanisms for the protection of
human rights.
V. a. 1896
Origin of Human Rights in the Philippines
- Educated Filipinos were already aware of the basic
constitutional guarantees mentioned in the American and
English Bill of Rights
b. June 20, 1899
- The Malolos Constitution was adopted, establishing a
Republican government. The Constitution contained several
provisions on civil and political rights, guaranteeing freedom
from arbitrary arrest and detention, freedom from searches and
seizures, freedom to choose abode and freedom of religion.
c. 1901
- President McKinley directed application of the American Bill of
Rights through his Instruction to the Philippine Commission
since United States assumed sovereignty over the Philippines.
Said principles were reiterated in the Philippine Bill of 1902,
the Philippine Autonomy Act of 1916 (Jones Law), and the
Philippine Independence Act of 1934 (Tydings-McDuffie Law).
d. 1935
- The first Philippine Constitution was adopted. The 1935
Constitution provided the legal basis of the Commonwealth
Government which was considered a transition government
before the granting of the Philippine independence with
American-inspired constitution; the Philippine government
would eventually pattern its government system after American
government.
- The Philippine Constitution was reiterated and the Bill of
e. 1937
Rights were included which are now known as civil and political
rights.
f. 1942-1944
- Filipinos were temporarily deprived of the enjoyment of their
civil and political rights as a military rule of Japan.
g. 1945
- The civil and political rights of Filipinos were restored
h. 1970s
under the rule of President Ferdinand Marcos.
- Filipinos were again subjected to violation of human rights
- Martial Law took effect and the rights of the Filipinos were
- The clamor to freedom of the Filipinos resulted to the EDSA
subjected to the violations and discriminations.
i. 1986
Revolution adopting a new resolution which took effect the
following year. This was known as the Freedom Constitution
under the rule of Corazon C. Aquino.
j. 1987
- The birth of the new Constitution which categorically states
that the State values the dignity of every human person and
guarantees full respect for human rights. This is found under
Article III of the 1987 Constitution also known as the Bill of
Rights.
Miranda Rights – is the formal warning given by law enforcers to
suspects, informing them of their legal rights during an interrogation
in a police custody.
Miranda Rights provide the following rights to an individual:
i. ii. The right to remain silent during an interrogation;
The right to ask for a counsel before or during the
interrogation;
iii. The knowledge that whatever an individual says during the
interrogation could be used as an evidence to incriminate him;
VI. Classification of Human Rights
Human rights can be classified in a number of different ways. Some rights
may fall into more than one of the available categories. One of the most
widely used classifications distinguishes three general categories: (1) classic
or civil and political rights, (2) social rights that also include economic
and cultural rights, and (3) collective rights.
A. Classic rights (Civil and Political Rights) - generally restrict the
powers of the government in respect of actions affecting the
individual and his or her autonomy (civil rights) and confer an
opportunity upon people to contribute to the determination of laws
and participate in government (political rights).
B. Economic, Social and Cultural Rights - require the governments to
act in a positive, interventionist manner so as to create the
necessary conditions for human life and development. The
governments are expected to take active steps toward promoting
the well-being of all its members out of social solidarity.
C. Collective Rights – are rights held by a group and not reducible to
the individual.
International human rights treaties and customary law impose three
obligations on States: the duty to respect; the duty to protect; and
the duty to fulfil. Moreover, States have a duty to provide a remedy
at the domestic level for human rights violations.
i. What does the “obligation to respect” mean?
- The “obligation to respect” means that States are obliged to
refrain from interfering in the enjoyment of rights by
individuals and groups. It prohibits State actions that may
undermine the enjoyment of rights.
ii. What does the “obligation to protect” mean?
- The “obligation to protect” requires States to protect individuals
against abuses by non-State actors, foreign State agents, or
State agents acting outside of their official capacity. The
obligation entails both a preventative and remedial dimension.
iii. What does the “obligation to fulfil” mean?
- According to the “obligation to fulfil”, States are required to
take positive action to ensure that human rights can be
realized. The extent of the obligation to fulfil varies according to
the right concerned and the State’s available resources.
Generally speaking, however, States should create “the legal,
institutional and procedural conditions that rights holders need
in order to realize and enjoy their rights in full.”
Bill of Rights under the 1987 Constitution
Article III of the Philippine Constitution is the Bill of Rights. It establishes the
relationship of the individual to the State and defines the rights of the
individual by limiting the lawful powers of the State. It is one of the most
important political achievements of the Filipinos.
The rights protected by the Bill of Rights are referred to as those fundamental
rights that inhere in the “great and essential principles of
liberty and free government.” Thus, the existence of the Bill of Rights is one of
the manifestations of republicanism.
It is said that the rights embodied in the Bill of Rights are actually limitations
on government, they are rights declared without need of government grant,
that may not be taken away by government and that government has the duty
to protect.