HUMAN RIGHTS on Human Rights, one of the first commission on human

rights in the world.

Polsci 24
• Two of its important functions under Section 18, Article
SOURCES AND FOUNDATION OF HUMAN RIGHTS XII of the 1987 Constitution.
• It has been the basis of laws passed by the Congress.
The 1987 Philippine Constitution
• The 1987 Philippine Constitution is also called as a
• The basic source of Human rights law in the Philippines
Human Rights constitution because of its so many
• Rich in Human rights rather than the previous Human Rights related provisions in several Articles.
constitution of the Philippines such as from Biak na Bato (Bill of rights, Commission on Human Rights, State
of 1897 to the 1986 Freedom constitution Policies, and etc..)
In the 1987 Constitution • The 1987 Philippine Constitution is a pivotal document
that not only enshrines human rights within its text but
The first • Article III- Bill of Rights also establishes mechanisms for their protection and
generation - Civil and Political promotion.
• Article XII- National
The second Economy and Patrimony INTERNATIONAL BILL OF RIGHTS
generation • Article XIII- Social Justice
and Human Rights “a Magna Carta for mankind”
• Article XIV- Education, “is the essential prerequisite for peace at home and in
Science and Technology, Arts, the world" (Sarmiento, 1993, p.6)
Culture and Sports
- Social, Economic, and Universal Declaration of Human Rights (UDHR)
Cultural. • 30 ARTICLES
• Article II- Declaration of • Resolution 217
The third Principles and State Policies Adopted by the UN General Assembly in Dec
generation • Article XV- The Family 10,1948 as a “common standard of achievement for all
- Solidarity and Collective people and all nations”
Considered a milestone Documents for its
universalist language and direct inspiration for
• A novel feature of the 1987 Constitution is the international human rights law.
Independent constitutional office called the Commission International Covenant on Economic, Social and
Cultural Rights (ICESCR)
 • 31 Articles • Authored of “The social Contract” like people agreed
Adopted by the UN In 1966, entered into force in to form a society, giving up some freedom to a
1976. Covers economic, social and cultural rights with government in exchange for the protection and
obligation for “Progressive Realization” others.

International Covenant on civil and political rights Baron de Montesquieu (1689-1755)

(ICCPR) • A French philosopher , wrote “The spirit of the laws”
• 53 Articles • The spirit of the law is about the separation of power of
Adopted by the UN in 1966, entered into force in 1976. each government to have fair, and to stop on having to
Covers civil and political rights like freedom of religion, much of power. They divide in into 3 branches which
fair trail, and prohibition of torture. are; Legislative, Executive, and Judiciary.

RELIGION AS A SOURCE OF HUMAN RIGHTS

PHILOSOPHY AS A SOURCE OF HUMAN RIGHTS
Human Dignity
Philosophy- The foundation of the Universal declaration of • Is the principle that every person has inherent worth and
Human rights (1948), The English Bill of Rights (1689), The deserve to be treated with respect, compassion, and
American Declaration of Independence (1776), The French justice.
Declaration of the Rights of Man and of the Citizens (1789), and The Sanctity of Life
the other human rights instruments. • Serve as a foundational source of Human rights by
affirming the inherent value and protection of each
John Locke (1632-1704) individual’s life.
• English Philosopher, wrote the Second Treatise of The Importance of Conscience
Government. • Lies as the inner guide that helps individuals to
• Argued that Sovereignty resides in the people distinguish the what is right from wrong, make ethical
• He wrote that the legitimate government is instituted decisions, and align their action with their moral and
by the covenant of the governed and that the spiritual values.
legitimate government is duty-bound to preserve the Social Justice
rights of life, liberty, health and property of its • all individuals receive fair and equitable treatment,
citizens. access to resources and opportunities and are protected
Jean Jacques Rousseau (1712-1778) from discrimination and exploitation.
• Franco-swiss philosopher Respect for Creation
 • Recognizing and honoring the natural creation and prohibited cruel and unusual punishments, ensured
responsible to care for the environmental as a moral and freedom from arbitrary arrest and detention, and protected the
spiritual obligation. right to a fair trial. These provisions were significant in
establishing the principle that certain rights were inviolable.
American Declaration of Independence (1776)
Rights of Various Group declared that all men are created equal and are endowed
• Ensuring that all individuals, regardless of their status, with certain unalienable rights, including life, liberty,
background, or identity, will receive fair treatment, and the pursuit of happiness.
protection and opportunities.
French Declaration of the Rights of Man and of the Citizen
(1789)
THE FIRST GENERATION OF BILL OF RIGHTS IN It asserted that men are born free and equal in rights and
1987 CONSTITUTION that the aim of every political association is the
preservation of the natural and imprescriptible rights of
• Mainly focus Civil and Political rights, which are rooted man, including liberty, property, security, and resistance
in the principles of liberty and individualism. to oppression.
• Proposed by Karel Vasak in 1979
Civil and Political Rights under Article 3 Bill of rights of
• Often described as “negative rights”. 1987 Philippine Constitution.
• Historical development of First Generation derives Civil Rights- are rights to Political Rights- rights
primarily from the 17th- and 18th-century reformist imposed at the instance of private which gives the people the right to
individual to ensure to them the participate in running the affairs of
theories noted above (i.e., those associated with the enjoyment of their means of government.
English, American, and French revolutions) happiness.
• Right to life, liberty and ARTICLE III, SECTION 4 The
NOTE: FIRST-GENERATION RIGHTS, WHILE OFTEN prosperity right of the people to peaceably
ARTICLE III, SECTION 1. assemble and petition the
CHARACTERIZED AS "NEGATIVE" RIGHTS No person shall be deprived of life, Government for redress of grievances
shall not be abridged
PROTECTING INDIVIDUAL LIBERTY FROM liberty, or property without due process
of law, nor shall any person be denied
GOVERNMENT INTERFERENCE, ALSO REQUIRE the equal protection of the laws.
SOME LEVEL OF "POSITIVE" ACTION FROM THE • FREEDOM FROM
ARBITRARY
GOVERNMENT TO BE FULLY REALIZED AND DETENTION:
ARTICLE III, SECTION 1 No person
EFFECTIVE. shall be detained or held for political
beliefs and aspirations. No involuntary
English Bill of Rights (1689) servitude in any form shall exist except
 as a punishment for a crime whereof the COMPREHENSIVE AGREEMENT
party shall have been duly convicted.
Article III, Section 14 "In all Article III, Section 14 "In all
criminal prosecutions, the accused shall criminal prosecutions, the accused On Respect for Human Rights and International Humanitarian
be presumed innocent until the contrary shall be presumed innocent until the
is proved, and shall enjoy the right to be contrary is proved, and shall enjoy Law
heard by himself and counsel, to be the right to be heard by himself and
informed of the nature and cause of the counsel, to be informed of the nature
accusation against him, to have a speedy, and cause of the accusation against CARHRIHL- Comprehensive Agreement on Respect for
impartial, and public trial, to meet the him, to have a speedy, impartial, and Human Rights and International Humanitarian Law
witnesses face to face, and to have public trial, to meet the witnesses
compulsory process to secure the face to face, and to have compulsory
attendance of witnesses in his behalf. process to secure the attendance of Comprehensive Agreement- This is the first substantive
witnesses in his behalf.
Article III, Sections 21 and 22 No agreement signed by the Negotiating Panels of the Government
SECTION 8.
person shall be twice put in jeopardy of of the Republic of the Philippines (GRP) and the National
punishment for the same offense. No ex
post facto law or bill of attainder shall be Democratic Front (NDF) on March 16, 1998 in the Hague,
enacted. Netherlands
Article III, Section 4 No law shall be SECTION 10
passed abridging the freedom of speech,
of expression, or of the press, or the right Objective of this Agreement (part 11, Article 2)
of the people peaceably to assemble and
petition the Government for redress of
grievances. a. to guarantee the protection of human rights to all
Article III, Section 2 The right of the
people to be secure in their persons, Filipinos under all circumstances
houses, papers, and effects against b. to affirm and apply the principles of international
unreasonable searches and seizures of
whatever nature and for any purpose humanitarian law in order to protect the civilian
shall be inviolable, and no search population and individual civilians
warrant or warrant of arrest shall issue
except upon probable cause to be c. to establish effective mechanisms and measures for
determined personally by the judge after realizing, monitoring, verifying and ensuring
examination under oath or affirmation of
the complainant and the witnesses he compliance with the provisions
may produce, and particularly d. to pave the way for comprehensive agreements on
describing the place to be searched and
the persons or things to be seized economic, social and political reforms that will ensure
the attainment of a just and lasting peace
Civil and Political Rights

• Emphasizing individuals Liberty

• These rights are designed to prevent the government
from unnecessary interfering in the private affair of the
people.
7 Parts of the Agreement Listed Human Rights (Part III, Article 2)

1) Preamble – introduces the Agreement and articulates First Generation: Civil and Political Rights
the reasons for and the intention of the parties in entering
into the Agreement. • Right to life
2) Declaration of Principles (7 Articles) – establishes • Right to liberty
the foundational guidelines and commitments governing • Right to security
the peace negotiations. • Right against torture and inhumane treatment
3) Bases, Scope, and Applicability (5 Articles) – • Right against forced labor
outlines the foundational framework, goals, and extent of • Right to due process
the agreement, focusing on the protection and promotion
• Right to justice for violations
of human rights and the application of international
• Right to equal protection
humanitarian law during the armed conflict in the
Philippines. • Right to freedom of thought and expression
4) Respect for Human Rights (13 Articles) – addresses • Right to free speech and assembly
various aspects of human rights protection and the • Right to privacy
enforcement of legal standards related to violations • Right to freedom of movement
during the conflict. • Right against forced evacuations
5) Respect for International Humanitarian Law (14 • Right to information
Articles) – details the specific human rights that both • Right to universal suffrage
parties commit to upholding. • Right to own property
6) Joint Monitoring Committee (6 Articles) – establishes
the framework for monitoring and ensuring compliance Second Generation: Economic, Social, and Cultural
with the agreement’s provisions, serves as a critical Rights
mechanism.
7) Final Provisions (5 Articles) – provides a clear • Right to employment
framework for how the agreement will be implemented, • Right to education and health
amended, and enforced, while also addressing potential • Right to engage in cultural pursuits
disputes and ensuring that both parties adhere to their • Right to family life
commitments • Equal rights for women in all fields
• Rights of children and the disabled to protection
and care
Third Generation: Collective or Solidarity Rights Restrictions on:

• Right to self-determination • Means and Methods of Warfare

• Right to establish a just society • Nuclear, Biological and Chemical Weapons
• Rights of minority communities Accountable Measures
Listed Principles and Standards of IHL Persons liable for violations and abuses of human rights and
principles of international humanitarian law.
Apply and protect the rights of persons, entities or
shall be subject to investigation and, if evidence warrants, to
objects involved or affected in any of the cases or
prosecution and trial.
situations (cited under Article 4 of Part IV)
Protection of: Victims or their survivors
shall be indemnified (entitled to compensation or
• Non-Combatants and Hors De Combat indemnification for the harm they suffered).
• Neutral and Medical Personnel
• Civilians and Civilian Properties All necessary measures
• Educational, Medical, and Religious Facilities shall be undertaken to remove the conditions for violations and
abuses of human rights and to render justice and indemnification
Right to:
• Demand Accountability
• Humane Treatment of Detainees
• Facilitation for Humanitarian Entities
Search and Care for the:
• Wounded
• Sick
• Missing
• Dead
UNIVERSAL DECLARATION OF HUMAN RIGHTS 6. RIGHT TO WORK AND EDUCATION:
• The Universal Declaration of Human Rights (UDHR) is The UDHR states that everyone has the right to work, to
a milestone document in the history of human rights. free choice of employment, and to education (Articles 23
Adopted by the United Nations General Assembly on and 26).
December 10, 1948, in Paris, the UDHR consists of 30 7. PARTICIPATION IN GOVERNMENT
articles that outline the fundamental human rights that Article 21 emphasizes the right of every individual to
should be universally protected. participate in the government of their country, directly or
through freely chosen representatives.
Key Principles under UDHR
1. Inherent dignity GLOBAL IMPACT AND INFLUENCE
The declaration emphasizes that all human beings are International Treaties:
born free and equal in dignity and rights. This principle The UDHR has influenced numerous international
underlines the intrinsic value of every individual. human rights treaties, including the International
2. Equality and non-discrimination Covenant on Civil and Political Rights (ICCPR) and the
Article 2 states that everyone is entitled to rights and International Covenant on Economic, Social, and
freedoms without distinction of any kind, such as race, Cultural Rights (ICESCR)
gender, nationality, or religion.
3. Right to life, liberty and security National Legislation:
The UDHR asserts that everyone has the right to life, Many countries have incorporated UDHR principles into
liberty, and personal security (Article 3). their constitutions and legal frameworks, promoting
4. FREEDOM OF THOUGHT, CONSCIENCE, AND human rights at the national level.
RELIGION
Individuals have the right to freedom of thought, Human Rights Movements:
conscience, and religion (Article 18). This includes the The UDHR has inspired civil rights movements,
freedom to change one's religion or beliefs. advocacy organizations, and grassroots efforts to
5. FREEDOM OF OPINION AND EXPRESSION: promote and protect human rights across the globe.
Article 19 guarantees the right to freedom of opinion and
expression, allowing individuals to express their views CHALLENGES AND CRITICISMS
without interference. 1. Implementation gaps 2. Cultural Relativism 3.
Evolving Human rights issues
INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS (ICCPR)

• The International Covenant on Civil and Political Rights

( ICCPR) is a multilateral treaty adopted by the United
Nations General Assembly by 106 States in 1966 and
entered into force in 1976
Structure
• Preamble: Sets out the principles and goals of the
covenant.
• 53 articles divided into six (6) parts: Each addressing
different aspects of civil and political rights.
• Part I-III: Articles 1-27
• Part IV-VI: Articles 28-53