HUMAN RIGHTS
Human Rights – rights that are inherent to all human beings. it’s the basic rights and freedom of every
human being
The Term Human Rights was first used by THOMAS PINE when he translated the French declaration of
the rights of man and citizens
Human rights law – are created to legally guarantee human rights to every individual to protect against
actions that might interfere with fundamental freedoms and human dignity
Civil rights – are those rights which the law will enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of their means of happiness
Example of Civil Rights : rights against involuntary servitude, rights against imprisonment for non-
payment of debt or a poll tax, the constitutional right of the accused
Political Rights – are those rights which enable us to participate in running the affairs of the government
either directly or indirectly
Example : right to vote,right to information on matters of public concern, right to initiative and
referendum
Economic,Social and Cultural rights – rights to work and free choice of employment,form trade unions,
social security,adequate standard of living, health , education and take part in cultural life and
enjoyment of scientific process
Solidarity/collective rights – rights to self-determination, rights of indigenous peoples or minorities and
right to development
Equality and nondiscrimination – substantive right
BASIC CHARACTERISTICS OF HUMAN RIGHTS
Inherent – they are not granted by any person or authority
Inalienable – they cannot be rightfully taken away from an individual
Imprescriptible – they cannot be lost even by a long passage of time
Indivisible – they cannot be denied even when other rights have already been enjoyed
Interdependent – The fulfillment or exercise of a right cannot be had without the realization of other
rights
Universal – they are available to all human beings irrespective of their origin status or condition or place
where they live
Fundamental – without them the life and dignity of man will be meaningless
Customary international law – developed through the general and consistent practice of states and is
followed out of a sense of legal obligation
Treaty law – human rights provided in international agreements such as treaties, covenants and
conventions have been collectively (either bilaterally or unilaterally) developed, signed , and ratified by
different states
TWO MAIN APPROACHES MAY BE ADOPTED TO EXPLAIN THE NATURE OF HUMAN RIGHTS
1. Philosophical Approach ( also known as Theoretical approach )
2. Pragmatic approach – another way of explaining the nature of human rights
Philosophical approach five Theories
1. Natural Right Theory – are god given rights,acknowledge by everybody to be morally good. they
are unwritten but they prevail as norms of the society
John Locke ( American Philosopher ) – according to him human beings are born with inalienable natural
right and these rights are god given and can never be taken away or be given away
2. Legal Rights Theory – is that human rights completely depend on the recognition by states and
institutions. it provides that an individual cannot claim his or her rights if these are not
recognized by his or her states and institutions
3. Historical theory of rights – states that the rights of human beings are not created by the state
but the product of historical evolution of humans
4. social welfare theory of rights – believes that human rights are created by society based on and
in consideration of the common welfare of human beings
5. Idealistic Theory of Rights – also known as Personality Right Theory, it suggests that human
rights are the external factors affecting the internal and real development of an individual
TWO TYPES OF HUMAN RIGHT
1. Legal Right – human rights are recognized by society through laws
2. Natural Right – are established through divine origin, are intrinsic to human nature and are
hence taught to be independent from cultural customs
Theory – a set of hypothetical facts,principles,or circumstances that attempts to provide a rational
explanation of the cause and effect
Inherent - an inseperable or permanent part of someone or something
Humanist – is a democratic and ethical life stance that affirms that human beings have the right and
responsibility to give meaning to their own lives
Dialectal – used to describe theories, methos and situations in resolving opposing factors
Western View – human rights are considered to be not permanent and have no eternal source of criteria
of a cosmic order.
POLITICAL AND SOCIAL CONDITIONS EXISTING IN BRITAIN,FRANCE AND AMERICA
- The Habeas Corpus
- Magna Carta
- The bill of rights
- the French charter of human rights
- The Ten Amendments of the American Constitution
The main Purpose of these laws is to protect the people from their states, and it can be said that in
western societies, human rights are given more importance
Eastern View – religion is one of the most influential factors affecting the human rights view of eastern
societies
Religion – is an integral part of daily life and almost dictates man facets of their lives, as religious
teachings provide guidelines for acceptable behaviors and duties of an individual
Socialist view – human rights are not conferred to an individual by its nature but a product of the
processes that played the role in various histories
Religious View – human rights originate from the ideas of mercy,kindness to others and pity on a human
beings
Holy book of Hinduism,Vedas - includes a prim of light on friendly dealing and behavior toward all
creatures of the world, may it be human or not
Vedas -Considered by many to be the oldest of the world's scriptures, And the most sacred Hindu texts.
Written in ancient Sanskrit the Vedas are a collection of four different works.
The Cyrus Cylinder – one of the oldest evidence of human rights recognition. it established racial
equality, including religious freedom for all people of the Persian empire
Cyrus ll – began his reign as the of Persia by decreeing a reform written on The cyrus cylinder
Magna Carta
- provide all freemen the right to achieve justice and fair trial through the establishment of the
principles of due process and equality before the law
- and also recognize that the church is an individual institution that is free from governmental
interference.
- was released in 1216
Twentieth century ( 20th) – the term Human Rights was used instead of the traditionally known as the
“natural rights law” or the “Fundamental Rights of man”
1215, King John of England – he signed the magna carta also known as the Great Charter which
established the idea that everybody, including the king is subject to the law
Magna carta is often viewed as providing a crucial turning point in establishing freedom
Petition of Right – was sent by the English parliament to the king of England ( king Charles l ), the
petition was raised when Charles l started ti force loans on his people and tax them excessively, sending
to prison those who did not pay.
Four Principles of Petition of rights
1. the king cannot tax people without the consent of the parliament
2. No person shall be imprisoned without cause
3. No soldier shall be quartered within the city or public areas
4. Martial law shall not be implemented in time of peace
Bill of Rights – limits the power of the government of the US, the bill protects the freedom of speech and
the opinions of people and their right to voice out themselves.
United Nation – was established in 1945 for the maintenance of international peace and prevention of
conflicts
World War II – the turning point for the acceptance of international law by sovereign states
The Universal Declaration of Human Rights
- December 1948 the UDHR was adopted by the United Nation General Assembly
- Considered as the international version of Magna Carta
Commission on Human Rights – was tasked to draft documents that lay down the meaning of the
fundamental rights and freedoms of every individual as enunciated in the UDHR
Extra Judicial killing – killing of a person by authorities without judicial sanction
Kian Loyd Delos Santos case – one of the infamous examples of EJk
Habeas Corpus – public official are allowed to detain individuals without bringing the said person to the
court of law
Oplan Tokhang – this was part of the war on drugs campaign famously known as an operation where
police would knock on the doors of suspected users and ask them to surrender
International Convention on the elimination of all forms of racial discrimination (ICERD) – adopted on
December 21, 1965, this convention upholds that the existence of racial barriers is repugnant to the
ideals of any human society, it seeks to combat all forms of racial discrimination
International Covenant on Civil and Political Rights ( ICCPR) – Adopted on December 16, 1966 , this
convention states that by virtue of that right they freely determine their political status and freely
pursue their economic,social and cultural development
Convention on the Elimination of All forms of Discimination Against Women (CEDAW) – Adopted on
December 18, 1979, this convention upholds the equality of rights of men and women in line with
existing international covenants on human rights. it defines discrimination against women
Convention Against Torture and Other Cruel,Inhuman, or Degrading Treatment or Punishment (CAT) -
Adopted on December 10, 1984, this convention upholds that “No one shall be subjected to torture or
to cruel,inhuman or degrading treatment or punishment”
Torture – any act which is intentionally inflicted on a person causing severe pain or suffering whether
physical or mental for the purpose of obtaining information or a confession
Convention on the rights of the child (CRC) – Adopted on November 20, 1989, it serves as the
foundation of the pillars of children’s right, namely survival, protection, development and participation
International Convention on the protection of the rights of all migrant workers and members of their
families (ICMW) – Adopted on December 19, 1990, it defines the various types of migrant workers and
taking from previous international conventions of rights, emphasized that they too apply to all
individuals engaged in remunerated activity in a country in which one is not a citizen
International Convention for the protection of all persons from enforced disappearance (CPED) –
adopted on December 20, 2006, defines enforced disappearance as “the arrest, detention, abduction, or
any other form of deprivation of liberty by agents of the state or by persons or groups of persons acting
with the authorization, support, or acquiescence of the state.
National Human Rights Institutions – created for the promotion and protection of human rights
Commission on Human Rights ( Primary HR institution in Ph ) – Created under the 1987 Constitution, it
was established through Executive Order No.163 on May 5, 1987, it was tasked to investigate human
rights violations among vulnerable groups
Types of Models of NHRIs worldwide
Human Rights Commissions – focused on abuses committed by individuals, groups, or governments
Human Rights Ombudsman Institutions – focused on abuses committed by public officials or institutions
Hybrid Institution – this is when the human rights commission also takes on the function of the
ombudsman commission
Consultative and advisory bodies – primarily focused on offering legal recommendations to enhance
human rights protection and promotion
Institutes and centers - focused on providing support, conducting research, and implementing human
rights education for specific marginalized or vulnerable group
Multiple Institutions – sometimes, human rights protection and promotion are made possible through a
collaboration of several institutions working together
Artile 1 of the Universal Declaration of Human Rights – provides that all human beings are born free and
equal in dignity and rights
STATE OBLIGATIONS IN HUMAN RIGHTS
Obligation to respect human rights – refrain from illegal and disproportional acrions. avoid unjustified
interferences, such as the right to privacy and the sanction of a home
Obligation to protect human rights – take executive, legislative and judicial action to ensure human
rights of every human being such as the rights of a person arrested and under custodial investigation
unde R.A No.7438
Obligation to fulfill human rights - means that states must take positive action to facilitate the
enjoyment of basic human rights
R.A No. 9344 - An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the
Juvenile Justice and Welfare Council under the Department of Justice.
R.A 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
who makes Human Rights Rules? : The State
Venue of Rules on Human Rights : International bodies
Two levels of stakeholders who monitor human rights : (1) National Level (2) international level
National level is composed of :
1. Concerned government agencies and service, including the police
2. National Human Rights institutions
3. Human Rights and other nongovernmental organizations
4. The courts
5. Parliament
6. The Media
7. Professional Organizations
8. Trade Unions
9. Religious organizations
10. universities and their human right center
International level :
1. Regional organizations and institutions
2. International nongovernment organizations
3. the united nations through conventional mechanism and extra-conventional mechanism
4. The united nation through peacekeeping and human rights operations
General International Human Rights instruments
1. Universal Declaration of human rights
2. international Convention on the elimination of all forms of racial discrimination
3. International covenant on civil and political rights
4. international covenant on economic, social and cultural rights
5. United Nations Convention on the Elimination of all forms of discrimination against women
6. united nations convention on the rights of the child
7. United nations convention on the rights of persons with disabilities
8. European Convention on Human Rights
9. European Social Charter
10. Charter of Fundamental Rights of the European Union
Article 1 of the Convention Against Torture – provides that every human being must be protected
against torture or acts that cause pain
International Convention for the Protection of all persons from Enforced Disappearance – its purpose is
to raise awareness of the extreme seriousness of enforced disappearance,which constitutes a crime and
in some jurisdiction, is even a crime against humanity
Commission on Human Rights – was created as response to the atrocities committed during martial law
Section 1 of Article 13 of the 1987 Constitutions –mandates the congress to give the highest priority to
the enactment of measures that protect and enhance the right of all the people
Section 17 and 18 of Article 13 of the 1987 Constitutions – provide for the creation of an independent
office called the commission on human rights and defines its powers and functions
Section 11, Article 2 of the 1987 Constitution – provides that “the state values the dignity of every
human person and guarantees full respect for human rights “
The Commission on Human Rights shall be composed of : A Chairman and 4 members ( Natural-Born
Citizens of The Philippines, at least 35yrs old, and must not have been candidates for any elective
Position in the election)