Human Rights: A Primer

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WHAT ARE HUMAN RIGHTS?

There is no singular definition of ”human rights“. According to the

United Nations, “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. ” In
other words, human rights are those rights that belong to us simply
by reason of our humanity. They are essential to our dignity as
persons and rooted in the conviction expressed in Article I of the
Universal Declaration on Human Rights that “all human beings are
born free and equal in dignity and rights.“

WHAT ARE THE ESSENTIAL CHARACTERISTICS OF HUMAN

RIGHTS?

Human rights are basically inherent, universal, inalienable,

indivisible, and interdependent.

 They are inherent because they attach to the person as soon

as he or she is born. They are our birthright and no laws are
necessary in order for us to possess or enjoy them.
 They are universal because all human beings, regardless of
race, color, sex, language, religion, national or social origin, or
status, are equally entitled to them. The human rights of
Filipinos are the same as those of other Asians, Europeans, or
people of other races.
 They are inalienable because they cannot be taken away from
us without due process of law.
 They are indivisible and interdependent because they cannot
be divided or compartmentalized. Neither can they be ranked
in hierarchical order because they have equal status as rights
and are intrinsically linked to each other.

WHAT ARE THE DIFFERENT KINDS OF HUMAN RIGHTS?

Human rights are classified into different categories. One of these is

the classification according to the historical development of their
recognition, namely: First Generation Rights, Second Generation
Rights, and Third Generation Rights.

First-generation rights cover civil and political rights:

 rights to life, liberty, property, and security of persons;

 rights to equal protection of the law and due process;
 freedom from slavery;
 freedom from torture or cruel, inhuman or degrading
punishment;
 right to a fair trial;
 right to be presumed innocent until proven guilty;
 right against ex post facto law or retrospective law;
 right to privacy of person, home, correspondence;
 freedom of thought, conscience, and religion;
 freedom of expression, association, and assembly;
 right to nationality;
 right to suffrage, to run for public office, and participate in
governance;
 right to marry and found a family; and
 right to travel.

Second-generation rights cover economic, social, and cultural

rights:

 right to work;
 right to fair conditions of employment;
 right to join and form trade unions;
 right to social security;
 right to protection of the family;
 right to an adequate standard of living including right to food,
clothing, and shelter;
 right to health;
 right to education; and
 right to culture.

Third-generation rights cover collective rights:

 right to a healthy environment;

 right to development; and
 rights of indigenous peoples.

IN WHAT LEGAL DOCUMENTS OR INSTRUMENTS ARE HUMAN

RIGHTS EXPRESSED AND GUARANTEED?
The Universal Declaration of Human Rights (UDHR) adopted by the
United Nations General Assembly on 10 December 1948 is
considered the catalogue of human rights. A landmark document, it
is the first global instrument expressing the basic principles of
human rights. The UDHR, however, is not legally binding and only
serves as a common standard of achievement for all peoples and
nations. In any case, the UDHR spawned two significant
International Covenants, namely: the International Covenant on Civil
and Political Rights (ICCPR) and International Covenant on
Economic, Social, and Cultural Rights (ICESCR). These two
Covenants were adopted in 1966 and, unlike the UDHR, are legally
binding on all States that ratify them. The UDHR, ICCPR. and
ICESCR comprise the International Bill of Human Rights.

Subsequently, more international human rights instruments,

whether in the form of covenants and treaties (binding documents)
or declarations (non-binding documents), addressing various
concerns (torture, apartheid, slavery, etc.), and vulnerable sectors
(women, children, persons with disabilities, etc.) have been
adopted.

ARE THESE HUMAN RIGHTS GUARANTEED UNDER PHILIPPINE

LAWS AS WELL?

Yes. Civil and political rights are embodied in Article III of the Bill of
Rights of the [Philippine Constitution of 1987]. On the other hand,
economic, social, and cultural rights are recognized in several
Articles: Article XII on National Economy and Patrimony; Article XIII
on Social Justice and Human Rights including Labor, Agrarian and
Natural Resources Reform, Urban Land Reform and Housing, Health,
Women, and Rights of People’s Organization; Article XIV on
Education, Science and Technology, Arts, Culture, and Sports; and
Article XV on the Family.

In addition, the Philippines is a State Party to or has ratified the

eight (8) core international human rights treaties, namely:
International Covenant on Civil and Political Rights (23 October
1986); International Covenant on Economic, Social, and Cultural
Rights (7 June 1974); International Convention on the Elimination of
All Forms of Racial Discrimination (15 September 1976);
International Convention on the Elimination of All Forms of
Discrimination against Women (5 August 1981); Convention on the
Rights of the Child (21 August 1990); Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
(30 April 1986); International Convention on the Protection of the
Rights of All Migrant Workers and their Families (13 November
1993); and International Convention on the Rights of Persons with
Disabilities (15 April 2008).

Under Article II, Section 2 of the [Philippine Constitution of 1987],

the Philippines “adopts the generally accepted principles of
international law as part of the law of the land.” In the same
manner, all treaties and agreements entered into by the Philippines
form part of our laws.

ARE ALL HUMAN RIGHTS ABSOLUTE?

No. Absolute or non-derogable rights are those that are so

fundamental they cannot be interfered with under any
circumstances. Hence, the government cannot invoke national
security, the existence of war, or a state of national emergency to
limit, restrict or suspend these rights. Among absolute or non-
derogable rights are the right to due process of law, freedom from
torture, freedom of thought and conscience, freedom from slavery,
and right against ex post facto law, among others.

In contrast, relative or derogable rights are those that can be

interfered with under defined circumstances. They may be
suspended, limited, or restricted depending on the circumstances
and upon compliance with the requirements of law. For example, a
person’s right to liberty may be curtailed if he or she has committed
a crime, the right of suffrage can be exercised only by citizens, and
freedom of speech and expression needs to be balanced with the
rights of others, etc.

WHAT ARE THE OBLIGATIONS CORRESPONDING TO HUMAN

RIGHTS?

The three-fold obligation corresponding to human rights are as

follows: to respect, protect and fulfill.

The obligation to respect constitutes a negative obligation or to

refrain from doing acts that would interfere with these rights. Most
civil and political rights are negative rights because the State is
enjoined not to perform any acts that would interfere with them. For
example, no person shall be deprived of life, liberty, and property
without due process of law, no law shall be passed abridging the
freedom of speech, no torture shall be used, etc.
The obligation to protect requires the State to enact laws as well as
to create mechanisms to prevent human rights violations either by
State authorities and/or agents as well as by non-state actors.

On the other hand, the obligation to fulfill is a positive obligation as

it obliges the State to take positive actions to facilitate the
realization or enjoyment of these rights. Economic, social, and
cultural rights are mostly positive rights as they require the State to
perform acts, e.g., enact laws, formulate policies and implement
programs, in order for the people to realize or enjoy them.

WHO HAS THE DUTY TO CARRY OUT THESE OBLIGATIONS?

Under international law, the State assumes the duties and

obligations to respect, protect and fulfill human rights. It is the
primary duty-bearer and, consequently, has to comply with the legal
norms and standards enshrined in the different international human
rights instruments to which it is a party.

At the individual level, however, while we are entitled to human

rights (claim holders), we are likewise obliged to respect the human
rights of others.

WHAT ARE THE REMEDIES IN CASES OF HUMAN RIGHTS

VIOLATIONS?

The remedies available to individuals vary depending on the nature

of human rights violated.

For civil and political rights, remedies may be availed of through

national or domestic institutions, e.g., the courts, quasi-judicial or
administrative bodies. At the domestic level, particularly in the
Philippine legal system, most human rights violations are
prosecuted as criminal offenses under the Revised Penal Code or
special laws. These cases are cognizable by regular courts or, in
certain cases, by special courts. The propriety of filing the
necessary information to prosecute criminal offenders generally lies
within the discretion of public prosecutors belonging to the
Department of Justice (DOJ). However, certain cases fall within the
mandate of the Ombudsman who is the “protector of the people”
following Article XI, Section 12 of the Constitution. Also, civil cases
for damages may be filed with the regular courts.
The Commission on Human Rights (CHR) is an independent body
created by the Constitution “to investigate, on its own or on a
complaint by any party, all forms of human rights violations
involving civil and political rights” pursuant to Article XIII, Section
18(1) thereof. According to the Supreme Court in Simon v.
Commission on Human Rights (204 SCRA 483 [1991]), the CHR’s
investigatory power is limited only to violations involving civil and
political rights. It has no power to adjudicate cases or issue
preliminary injunctions or restraining orders. If upon investigation,
the CHR finds that human rights violation had been committed, it
has to refer the matter to the DOJ for prosecution or to the
concerned government office or agency for appropriate action.

Fairly recently, and mainly to address the problem of extra-legal or

unexplained killings and enforced disappearances or threats
thereof, our Supreme Court has provided certain extraordinary
remedies.

The writ of Amparo may be availed of by a person whose right to

life, liberty, and security is violated or threatened. Under the Rule
on the Writ of Amparo (2007), the courts may grant the following
remedies: Temporary Protection Order, Inspection Order, Production
Order, and/or Witness Protection Order.

In 2008, the Supreme Court promulgated the Rule on the Writ

of Habeas Data to provide a remedy to any person whose rights to
privacy and life, liberty, or security are violated and threatened by
reason of “the gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of the
aggrieved party.” The relief that the courts may grant include “the
updating, rectification, suppression or destruction of the database
or information or files kept by the respondent.”

At the international level, an individual may file a complaint or

communication for human rights violation against a government
under three (3) international human rights treaties, namely: Optional
Protocol to the ICCPR, International Convention on the Elimination
of All Forms of Racial Discrimination and Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. It is necessary that the respondent government has
ratified these treaties in order for the appropriate UN Committee to
take cognizance of the complaint. Significantly, the Philippines is a
State Party to these treaties. Further, the complainant is required to
show that he or she had exhausted all the remedies available at the
domestic level before filing the complaint with the appropriate UN
Committee.

On the other hand, remedies for violations of economic, social, and

cultural rights are not as comprehensive. At the domestic level, an
individual filing a case for violation of these rights with the regular
courts must satisfy the requisites of justiciability, namely: (1)
existence of a demandable right; (2) a violation of that right; and
(3) locus standi or whether the person seeking redress suffered a
direct injury, except in those instances where the matter in issue is
of transcendental importance. The courts will take cognizance of
the case only when all these requisites have been complied with.

At present, the Philippines still has to ratify the Optional Protocol to

the ICESCR granting individuals or groups the right to submit before
the appropriate UN body complaints or communications concerning
non-compliance with ICESCR.

As an expression of its firm commitment to the promotion and

protection of human rights, whether civil, political, economic,
social, or cultural, the Philippine Government has strengthened and
expanded the functions of the Presidential Human Rights
Committee (PHRC) through Administrative Order (AO) 163 series of
2006.

Under the said AO, the PHRC is tasked, among others, to monitor
the government’s compliance with the eight (8) core international
human rights treaties that it has ratified as well as “assist the
victims of human rights violations and their families, especially
victims of enforced or involuntary disappearances, in enforcing their
rights under pertinent laws.”