HUMAN RIGHTS NOTES | Prepared by levonappellee
INTRODUCTION because someone decides it is ‘less important’
or ‘nonessential’
HUMAN RIGHTS: DEFINITIONS, CHARACTERISTICS, CLASSIFICATION,
INDIVISIBILITY, AND CATEGORIZATION Human Rights are not capable of being divided
and should be enjoyed concurrently.
Definition of Human Rights
These are freedoms established by custom or international They cannot be denied even when other rights
agreement that impose standards of conduct on all nations. have already been enjoyed.
These are rights inherent to all human beings whatever nationality, Universal Human rights are enforceable without national
ethnicity, color, religion, sex, place of residence, language, or any border. They are the same for all human beings
other status. and apply regardless of one’s origin, status, or
Inalienable fundamental rights to which a person is inherently condition or place where one lives.
entitled simply because she/he is a human being. Interdependent Refers to the complementary framework of
human rights law. For example, your ability to
Characteristics of Human Rights participate in the government is directly affected
by your right to express yourself, to get an
education, and even obtain the necessities of
Characteristics Description life.
Inherent Rights are not granted by any person or
authority. They belong to people simply because The fulfillment or exercise of one cannot be had
they are human. without the realization of the other.
It does not have to be bought, earned, or
inherited. It is inherent to each individual.
Classification of Human Rights
Fundamental Without human rights, life and dignity of man
Classification by Karel Vasak (Three Generations)
will be meaningless.
Inalienable Rights belong to every person and cannot be
taken from a person under any circumstance. Civil and Political The rights of citizens to liberty and equality.
Rights They serve to protect individual from
No one has the right to deprive another person excesses of the state.
of it for any reason.
Referred to as the “First Generation Rights”
Human Rights are inalienable because: (1) They “Liberty-Oriented Rights”
cannot be rightfully taken away from a free
individual; (2) They cannot be given away or be International Covenant on Civil and Political
forfeited. Rights (ICCPR)
Imprescriptible Human Rights do not prescribe and cannot be
lost even if man fails to use or assert them, even Adopted in 1966, and entered into force in 1976.
by a long passage of time.
Indivisible Refers to the equal importance of each human ICCPR declares that all people have a broad
rights law. A person cannot be denied a right range of civil and political rights.
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Economic, Social, Rights that concern the production, Prioritization of Rights based on practical reasons is a widely accepted necessity
and Cultural Rights development, and management of material for because if every possible human rights is deemed to be essential, nothing will be
the necessities of life. The right to preserve and treated as though it is truly important. (Philip Alston) Such prioritization should adhere
develop one’s cultural identity. to core concepts such as reasonable attempts to progressive realization and
Rights that give people social and economic
principles like non-discrimination, equality, and participation.
security and sometimes referred to as “Security-
Oriented Rights” or “Second Generation However, such prioritization must be treated with caution since it does not suggest
Rights” that any obvious violations of rights can be ignored by prioritizing other rights.
International Covenant on Economic, Social, Civil and Political Rights (UDHR)
and Cultural Rights (ICESCR)
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Adopted in 1966, and entered into force 1976.
Article 5 Freedom from Torture and Degrading Treatment
ICESCR declares that all people have a broad Article 6 Right to Recognition as a Person before the Law
range of economic, social, and cultural rights. Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Environmental, There rights recognize that people have the right Article 9 Freedom from Arbitrary Arrest and Exile
Cultural, and to live in a safe and healthy environment and Article 10 Right to Fair Public Hearing
Developmental Rights that the groups of people have the right to Article 11 Right to be Considered Innocent until Proven Guilty
cultural, political, and economic development. Article 12 Freedom from Interference with Privacy, Family, Home and
Correspondence
Sometimes referred to as “Third Generation Article 13 Right to Free Movement in and out of the Country
Rights” or “Solidarity Rights” Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
It implicitly states that some rights can exist Article 16 Right to Marriage and Family
without the others which is against the Article 17 Right to Own Property
indivisibility of rights. Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Example: Article 20 Right of Peaceful Assembly and Association
1. Rights to live in an environment that is Article 21 Right to Participate in Government and in Free Elections
clean and protected from destruction;
2. Rights to cultural, political, and economic
development; Economic, Social, and Cultural Rights (UDHR)
3. Rights to self-determination, among many Article 22 Right to Social Security
others. 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
Note: Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
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Categorization of the Classification
Other Rights mentioned in UDHR Dissents of the indivisibility of Civil and Political Rights and the Economic,
Article 1 Right to Equality Social, Cultural Rights argue that the two types of rights are fundamentally
Article 2 Freedom from Discrimination different and require completely different approaches.
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above
Rights
Economic, Social, and Cultural
Civil and Political Rights Rights
Indivisibility
o UDHR included both the Civil and Political Rights and the
Economic, Social, and Cultural Rights based on the principle that
Negative Positive
“different rights could only successfully exist in combination”
State is being required only to prevent Requires active provision of
o Enjoyment of such rights can only be achieved if conditions are breach of rights. State can protect them entitlements by the state.
created whereby everyone may enjoy his civil and political rights as simply by taking no action.
well as his economic, social, and cultural rights. It is because
without civil and political rights, the public cannot assert their
economic, social, and cultural rights. Similarly, without Cost-free Resource-intensive
livelihoods and a working society, the public cannot assert or
make use of their civil or political rights. (Full Belly Thesis) Inexpensive or Free and easy to Expensive and difficult to provide
provide
o This principle was confirmed by the 1993 Vienna Declaration and
Programme of Action (World Conference on Human Rights):
“Since all human rights are universal, indivisible, related, Immediate Progressive
and interdependent, the international community must treat
They can be immediately provided if They will take significant time to
human rights globally in a fair and equal manner, on the
the state decides to. implement.
same footing, and with the same emphasis.”
In practice, Western cultures often give priority to civil and Precise Vague
political rights at the expense of the economic, social, and
cultural rights while ex-Soviet Bloc and Asian countries Their provision is easy to judge and They cannot be quantitatively
give priority to economic, social, and cultural rights but measure measured, and whether they are
have failed to provide civil and political rights. adequately provided or not is difficult to
judge
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Non-Ideological/ Non-political Ideologically divisive/ political Before, people are merely recipients of basic public services and beneficiaries
of the fruits of development but now, people become: the (1) actual
There is consensus on what should and There is no consensus on what should participants in the process of development; and (2) contributors to the
shouldn’t be provided as a right. and shouldn’t be provided as a right. attainment of development goals and objectives.
Capitalist Socialist
PEOPLE’S PARTICIPATION OR INVOLVEMENT
Favors inequality to encourage Values equality and fairness like
Direct Participation
innovation and development redistributing resources from the rich to
o The people themselves perform specific tasks and responsibilities
(competition). the poor. This ensures everyone has
both equal opportunities and equal o Examples:
outcomes. 1. Providing the labor, technical inputs or assistance when
projects are being implemented;
2. Giving relevant information for development planning
Justiciable Non-justiciable purposes;
3. Participating in consultative meetings and group
Their provision, or breach of them can Their provision, or the breach of them, discussions;
be judged in a court of law. cannot be judged in a court of law. 4. Serving in management committees;
5. Joining the project implementation and monitoring team;
and
Real ‘legal’ rights Aspiration or goals 6. Others
A right that attached to a thing or Based on intent or will
Indirect Participation
property than to a person.
A right that is based on one’s status as o This kind of participation can be done through representation like
an individual (Personal Right) the election or designation of a person, group, or organization
representatives to promote and protect their interests and
concerns.
o Examples:
RIGHTS-BASED APPROACH SYSTEM SYSTEMS AND TOOLS 1. Party list system in the House of Representatives;
2. The sectoral representatives in the local legislative
Chapter 1
councils; and
Introduction 3. Various special bodies of the local government units
(LGUs)
a. Local Development Council;
b. Local Health Board;
PEOPLE
c. Local Education Board; etc
People are the center of development
Development efforts are undertaken to benefit all people.
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HOW DO PEOPLE PARTICIPATE EFFECTIVELY? THE GOAL AND THE PROBLEM
People have to be treated as individual human beings FIRST because GOAL: Human Rights and Human Development should operate
people have the right to realize their full human development. interdependently and mutually reinforce each other to achieve the common
Hence, proper interventions from the government and other goals of increasing opportunities for people. (This has never been the case
development players must be geared towards that direction. yet)
PROBLEM: Poverty remains a persistent problem it indicates the need
HUMAN DEVELOPMENT for more development interventions to be done for people to be able to
achieve their full potentials towards growth and self-improvement.
It is a complex process that can only be achieved through: (1) the convergent
(combination of) efforts of different key players and stakeholders
(interested parties); and (2) the efficient monitoring of relevant efforts
and initiatives. POVERTY
It consist of recognizing, protecting, promoting, and fulfilling the basic rights DEFINITION: “Degrees of deprivation as to food, housing, education,
of human beings. health, and access to all social services that inhibit the poor from attaining
It is regarded as the centerpiece of the entire governance and development their development to a standard befitting a human being with inherent
process. dignity.” (United Nations)
MEANS: Rights-based Approach
It enables users to identify and monitor the efforts and initiatives 32% of the national population is the poverty level of the Philippines as of
meant to contribute to the achievement of human development. 2000. (CHR and UNDP, October 2003)
RATIONALE FOR RBA APPLICATION IN GOVERNANCE AND SOLUTION TO ACHIEVE HUMAN DEVELOPMENT
DEVELOPMENT IN THE PHILIPPINES
GOOD GOVERNANCE is believed to be a means that through it,
development will be managed more effectively and efficiently and then
The Philippines is a member of UN and a signatory to a total of 23 international human eventually result in human development.
rights instruments adopted and implemented globally by the UN System. Government failed to make it a reality due to:
o Controversies in the political, socio-cultural and administrative
Hence, the Philippines has the OBLIGATION to adhere to human rights realms of the national affairs; and
standards stipulated in those different instruments. o Issues of credibility and integrity.
VISION: “By observing human rights standards, we will be able to
expand the choices and opportunities of the vulnerable sectors of our PUBLIC AND PRIVATE ENTITIES
society, essentially helping them to achieve their development as
They play a key and more active roles in the development and enjoyment of
human beings.” human rights and in the service delivery administration.
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They have the institutional mandate and mission to respond in ensuring that TARGET USERS
the development benefits are shared by the ordinary citizens, most especially
the poor and the vulnerable groups. 1. National Government Agencies (NGAs) and Local
Government Units (LGUs) and their specific bodies (offices/units or
focal persons designated to monitor their respective agency’s performance
OBJECTIVES OF THE RIGHTS-BASED APPROACH MANUAL ensuring that the human rights of their employees and target clients are
respected, protected, promoted, and fulfilled.
Serves as a guide in identifying and monitoring the efforts and initiatives 2. Civil Society Organizations (CSOs) involved in development
meant to contribute to the achievement of human development. programs and activities (whether at the national, regional, local or community
OVERALL PURPOSE: To aid national and local government agencies, levels).
academic institutions, private and semi-private development organizations, 3. Members of the Association of Schools of Public
and other stakeholders in carrying their challenging task of Administration in the Philippines (ASPAP), Government
mainstreaming the rights-based approach in their strategic plans, Networks, as well as stakeholders interested in human rights
programs, projects and activities. are expected to use and benefit;
4. The general public
SPECIFIC OBJECTIVES OF RIGHTS-BASED APPROACH (RBA)
1. To increase understanding and appreciation of the RBA
among public and private institutions concerned as well as the ordinary
citizens (the ultimate beneficiaries of development);
2. To provide a helpful guide for RBA focal units or persons in
monitoring the application of the RBA in their respective
agencies/institutions.
3. To enhance the capabilities of RBA users in the proper and
effective means of applying the RBA systems and tools;
4. To attain a wider reach of RBA to many relevant
agencies/institutions in the country as possible; and
5. To help develop greater consciousness among agencies/institutions
concerned regarding their mission to respect, promote, and fulfill human
rights that are guaranteed under applicable international instruments and
standards.
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Originated from human rights norms
DEFINITION OF TERMS
The essential conditions that facilitate the definite enjoyment of rights
Chapter 2
Human Rights
Supreme, inherent, and inalienable rights to life, to dignity, and to self-
development which makes a man human.
Basic Human Rights:
Right to life
Equality and Non-discrimination
Political Rights and Freedoms:
1. Right to participate in the government
2. Freedoms of Opinion and Expression
3. Freedom of Movement
4. Right of Peaceful Assembly and Association
5. Right to Social Security
6. Right to Work
7. Right to Health
8. Right to Food
9. Right to Housing
10. Right to Education
11. Right of Reparation
Human Development
Involves expanding choices for all people in the society, wherein men
and women, particularly the poor and the vulnerable, are at the center
of the development process.
Protection of the life opportunities for future generations and
protection of the natural systems on which all life depends
PURPOSE: To create an ENABLING environment in which
all can enjoy long, healthy, and creative lives.
Human Rights Principles
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