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Human Rights in the Philippines: Origins and Violations

Human rights are a set of basic rights that people from around the world have agreed are essential, including the right to life, fair trial, freedom from torture, and rights to health, education, and adequate living. These rights apply to all people equally. The International Bill of Human Rights and Philippine constitution both recognize and aim to protect human rights.
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0% found this document useful (0 votes)
21 views2 pages

Human Rights in the Philippines: Origins and Violations

Human rights are a set of basic rights that people from around the world have agreed are essential, including the right to life, fair trial, freedom from torture, and rights to health, education, and adequate living. These rights apply to all people equally. The International Bill of Human Rights and Philippine constitution both recognize and aim to protect human rights.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

● Introduction to Human Rights

Human rights are a set of principles concerned with equality and fairness. They recognise our
freedom to make choices about our lives and to develop our potential as human beings. They
are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as a number of basic rights that people from around the
world have agreed are essential. These include the right to life, the right to a fair trial, freedom
from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion,
and the rights to health, education and an adequate standard of living.

These human rights are the same for all people everywhere – men and women, young and old,
rich and poor, regardless of our background, where we live, what we think or what we believe.
This is what makes human rights ‘universal’.

(What is HR? Importance of HR, International Bill of HR, Origin of HR in the Philippines)

The International Bill of Human Rights is a powerful statement of your rights and should
persuade all Governments to respect your rights.

Agreement of the philippine constitution which provides for the establishment of a Commission
on Human Rights on February 20 1986 then President Ferdinand Marcos signed Presidential
Decree No. 2036 creating the Commission on Human Rights

● Characteristics of Human Rghts


● Categories of Human Rrights

● Human Rights Violation


● Types of Human Rights Violation
● Consequences of Human Rights Violation
● Accountability and Action

Focusing on the right to


information, it is from this right that other basic human rights can flow, and considering
different
cases studies to show that information empowers people to demand adherence to the
whole range of
their human rights and how the right has been used by ordinary people to change
systems and redress
grievances.

The effectiveness of an accountability mechanism often depends on the strength of the


legal system in which it is
situated. Advocates seeking to hold perpetrators of human rights abuses accountable
should consider which legal
system offers the best opportunity for accountability: the legal system of the country
where the human rights
violations occurred; the domestic laws of another country; an international tribunal; or
another international
mechanism.
Advocates should also consider their objectives, the types of outcomes that various
accountability mechanisms
can offer, and the likelihood that those outcomes will happen. Judicial mechanisms
typically focus on punishing perpetrators or compensating victims. Truth commissions
generally focus on creating a public record of the
human rights violations and making recommendations to governmental bodies.
Ombudsmen and national human
rights commissions can be uniquely situated to advance institutional reforms within
government structures.
Suspension or expulsion from intergovernmental organizations often targets a country’s
leadership, but it can
have consequences for others in the country as well.

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a public trust. Public officers and employees must, at all
times, be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and lead modest lives.

Section 2. The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be removed
from office on impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All
other public officers and employees may be removed from office as provided by law, but
not by impeachment.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate
all cases of impeachment.

● Conclusion
● Reference

Common questions

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Impeachment serves as a critical tool for accountability, specifically targeting high-profile officials such as the President and Supreme Court members in the Philippines . It allows for the removal of officials on grounds of culpable constitutional violations, treason, bribery, and other major offences, reinforcing a system where abuse of power is checked . However, the effectiveness of impeachment is contingent on the political will and independence of legislative bodies, as well as public pressure and vigilance. Its procedural complexities and potential for politicization can sometimes challenge its efficiency and realizability .

Human rights advocates face several challenges when selecting among accountability mechanisms, including the disparity in legal systems and varying efficacy of outcomes . Advocates must appraise which jurisdiction offers the best avenues for accountability: domestic laws, international tribunals, or other international entities . Each mechanism offers distinct outcomes, such as punishment, compensation, or systemic reform, and choosing the most effective involves predicting the likelihood of achieving desired outcomes. This complexity is compounded by political, cultural, and logistical considerations, making it a nuanced and strategic decision .

The concept of public office as a public trust in the Philippine Constitution implies that public officials are caretakers of the public good, expected to perform their duties with integrity, accountability, and a focus on serving citizens . This principle requires them to act with responsibility, patriotism, and justice, maintaining efficiency and humility . The emphasis on public trust signifies a moral and ethical obligation where failure to adhere can result in impeachment or removal from office for severe violations such as graft, corruption, or betrayal of public trust .

Accountability mechanisms such as judicial processes, truth commissions, and ombudsmen can address human rights violations in several ways. Judicial mechanisms can impose penalties on perpetrators and provide compensation to victims, reinforcing legal consequences . Truth commissions offer a platform to document abuses, aiding in historical reconciliation and providing recommendations for policy improvements . Ombudsmen and national human rights commissions focus on structural reforms, advancing systemic changes to prevent future violations . Each mechanism brings distinct outcomes, but their combined application can create comprehensive redress and deterrence against further violations .

The International Bill of Human Rights contributes to the universality of human rights principles by establishing a set of basic rights that are acknowledged as essential and applicable to all individuals regardless of their background or beliefs . As a comprehensive statement of rights, it mandates governments worldwide to recognize and ensure adherence, promoting uniformity and encouraging compliance across different jurisdictions. This universality underscores the global commitment to provide all individuals with freedoms such as speech, religion, and fair trial, aligning international communities on common standards for human rights .

Suspending or expelling a country from intergovernmental organizations can primarily impact its leadership but also have broader repercussions for the general populace. Such actions may limit the country's diplomatic influence and access to international support or cooperation, potentially pressuring its government to amend policies . However, it can also have economic implications, affecting aid and trade relations, thereby inadvertently impacting citizens' standards of living and access to resources . This approach can serve as a deterrent, but must be balanced to avoid exacerbating conditions within the sanctioning country .

The right to information empowers individuals by providing them with the knowledge necessary to understand, claim, and defend their human rights proficiently. Access to information enables individuals and communities to become informed about levels of governance, decisions being made, and how they can influence these processes to adhere to the broader spectrum of human rights . This empowerment is crucial for transparency, enabling public participation in government, and for holding authorities accountable through mechanisms such as advocacy, legal action, or public discourse .

Human rights education promotes global adherence to human rights standards by raising awareness and understanding of human rights issues, principles, and laws . It empowers individuals by informing them of their rights and how to claim them, fostering active citizenship and participation in governance processes. Educating communities encourages cultural and societal shifts towards tolerance, equity, and justice, aiding in the prevention of abuses and violations. It also supports the development of skills necessary for advocacy, accountability, and constructive dialogue, thus enhancing the global commitment to upholding human rights standards .

The establishment of a Commission on Human Rights in the Philippines signifies a progressive step in the institutionalization of human rights protection in the country . It marks a shift towards formal recognition and safeguarding of human rights post-1986, reflecting constitutional commitments and international standards . This evolution has been shaped by historical contexts, such as the need for accountability following years of authoritarian rule, leading to provisions that ensure monitoring and addressing rights violations, thus embedding a culture of rights in political and social frameworks .

The Philippine 1987 Constitution ensures the removal of public officers through impeachment for high-ranking officials and legal avenues for other officers. Impeachment processes target culpable violations of the constitution, treason, bribery, and similar offences, while other employees can be removed by law for professional misconduct or ethical failures . This dual mechanism reinforces a framework whereby ethical and moral lapses are met with concrete repercussions, thereby promoting integrity and accountability within public services .

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