ETHICS 1 – ETHICS AND
MORAL REASONING IN
MODULE 9
E V E R Y D AY L I F E RIGHTS-BASED ETHICS
TOPICS UNDER THIS MODULE
• The Story of Human Rights
• The Commission on Human Rights Philosophy Division
Department of Humanities
CAS, UPLB
Module 9: Rights-Based Ethics
INTRODUCTION
The concept of human rights is something that we often hear
about in conversations in our contemporary period. It is a phrase
thrown about by the president and government officials as either
something fundamental or something that could be ignored or even
abolished. As with any concept or phrase, we are only able to fruitfully
discuss it if we have a clear understanding of what it is. This module will
focus on our understanding of human rights, as well as the numerous
moral implications that it has.
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Identify the conditions that lead to our current understanding of
human rights
2. Identify the basic categories of human rights according to the
United Nations Universal Declaration of Human Rights
3. Recognize the state of human rights in everyday life within the
Philippine context
4. Argue as to whether human rights are innate or not
5. Reconcile morality based on human rights with the other ethical
frameworks presented in previous discussions
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DISCUSSION OF KEY CONCEPTS
I . T h e St o r y of H u m a n R i g h t s
To better understand our conception of human rights, it would be useful
to look back on the historical origin of human rights, as well as the document
that currently represents it.
The creation of the Universal Declaration of Human Rights was a
testament to the world’s commitment to the respect for human life. Given that,
it must be noted that the creation of such a document was warranted by the
experience of some of the worst things that humanity has done to one another
during World War II. The genocide, torture, and mass destruction during war
are only some of these conditions. In the discourse surrounding human rights
in the days before UDHR, slavery had been one of the prominent conditions
that slaves and their abolitionist allies struggled against, solidifying the idea of
freedom from slavery as a fundamental right. It then helps us to view human
rights as a continuously evolving concept, with each evolution stemming from
the conditions experienced by humanity. As the UDHR was affirmed, it became
the basis for bills of rights across different countries. Governments around the
world agreed not to pass any laws or ordinances that would go against these
principles.
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Fig. 6.1: A summary of the declaration of human rights
Although the specific articles of the UDHR have been produced or
influenced by specific events experienced by the world, they all share the same
basic premise. As can be seen in the preamble of the document, the affirmation
is based on the principle that all human beings everywhere possess these rights.
This results in an interesting argument between whether human rights really are
innate, or whether they are social constructs ascribed by humans to themselves.
On the side of the former, the United States Declaration of Independence
famously claims that rights to life, liberty, and the pursuit of happiness are
endowed to humans by a Creator, and thus cannot be taken away nor
surrendered for any reason. On the side of the latter, many critics would be quick
to point out that, although the language of the US declaration speaks to its
universality, the social practice of the United States at the time speak about how
rights are limited by existing social structures of the time. Despite the two
seemingly opposed arguments, it cannot be denied that the dynamic nature of
society and politics influence the changes in how we understand human rights
and how we implement rules and regulations because of it.
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Life
II. The Commission on Human Rights
Despite the multiple safeguards on the protection of human rights, and
the signed commitment of different countries in respecting this, multiple cases of
human rights violations are still reported today. Understanding how human rights
violations exist would be a step to further understand why it is important to
promote human rights as a basis for morality.
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Here in the Philippines, the constitution guarantees certain rights that
parallel the UDHR. Their enshrinement in the Philippine constitution is due in no
small part to the fact that the country was one of the signatories of the UDHR.
The Bill of Rights guarantees that no laws, orders, or guidelines in the Philippines
must be passed that go against these fundamental rights. Aside from the Bill of
Rights, another safeguard in ensuring that human rights are respected is the
Commission on Human Rights.
Fig. 6.2: Infograph on the mandate of CHR
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Like the United Nations and the UDHR, the CHR was formed as a response
to great horrors that were experienced. The Marcos Administration, with the
declaration of Martial Law, suppressed many of the democratic rights of Filipino
citizens, and the period was marked by the abuse of the state’s power wielded
against its citizens. Extrajudicial killings, enforced disappearances, torture, and
rape as committed by state forces became rampant. With the ousting of Marcos
in 1986, a new constitution for a new Philippine republic was drafted. This
constitution, which continues to be the law of the land up to this day, led to the
formation of the Commission on Human Rights, with the mandate of ensuring the
protection of Filipino civil and political rights, promotion of human rights
education, and facilitation of international relations with other human rights
groups.
It may be noticed that the atrocities during WW2 and the Martial Law
period in the Philippines were committed by governments or state forces. This
plays an important role in the classification of what is considered a human rights
violation versus what is considered a crime. Although crimes such as murder or
theft by private individuals or even groups are technically violations of human
rights as enshrined in the UDHR, they are classified as crimes, and are judged per
jurisdiction according to the relevant laws. What the CHR mainly considers as
human rights violations are actions done by governments or state forces that go
against the bill of rights in the constitution . These can include the enforcement
of laws that violate freedom of speech, and uniformed state personnel
committing extrajudicial killings. Human rights violations primarily occur when
any government, recognized or otherwise, along with its associated institutions,
violates the Bill of Rights. Another factor that may prompt the investigation of the
CHR is if an act is intended to suppress the civil or political rights of other
individuals, such as election related violence between rival political factions.
Fig 6.3 Infographs on the jurisdictions of CHR
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List of Notable Human Rights Violations investigated by the CHR
*List is not exhaustive
YEAR
CASE ENTITY INVESTIGATED
OCCURRED
Extrajudicial Killings under the war Republic of the
2016 – Present
on drugs Philippines
2019 Recruitment of child soldiers CPP – NPA
Violent dispersal of a rally at the
2016 PNP - NCRPO
US Embassy
2015 Mamasapano Massacre (SAF44) MILF – BIFF
Executions of Lumad School Magahat Bagani
2015
leaders (ALCADev) Paramilitary Group
2009 Maguindanao Massacre Andal Ampatuan Sr. et al
Enforced Disappearance and
2007 AFP – PNP
Torture of activist Jonas Burgos
Enforced Disappearance, Rape, and
2006 Torture of activists Sherlyn AFP – PNP
Cadapan and Karen Empeño
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III. Conclusion
The discussion on which things to add or accept as fundamental rights is
a continuing one. Adding to this, although the UN explicitly states that being a
human being is the sole requirement to afford these rights, disparities exist
between different groups of people who interpret and enjoy these rights in
varying degrees. Ultimately, our conception of human rights change as frequently
and as subtly as society does. While the world tries to make itself a better place,
we are bound to run into adversities and atrocities. These events shape us, just
as our responses to them shape what future we will live in. Also consider that
even with all the laws, guidelines, and institutions in place, these are not
absolute deterrents that would make human rights violations physically
impossible. Upholding and improving the state of human rights then falls under
the collective responsibility of each new generation.
GUIDE QUESTIONS FOR FURTHER REFLECTION
T h e c o n t ex t o f h u m a n r i g h t s c a n b e s e e n a s
c o m p a t i b l e w i t h t h e o t h e r e t h i c a l f ra m ew o r k s d i s c u s s ed i n
t h i s m o d u l e . I n 3 0 0 - 1 0 0 0 w o rd s , re l a t e t h e c o n c e p t o f
h u m a n r i g h t s w i t h a n y o f t h e e t h i c a l f ra m ew o r k s
p rev i o u s l y d i s c u s s e d ( E g o i s m , A l t r u i s m , V i r t u e E t h i c s , A s i a n
f ra m ew o r k s , K a n t i a n e t h i c s , U t i l i t a r i a n i s m ) .
1 . W h y i s u p h o l d in g h u m a n r i g h t s m o ra l a c c o rd i n g t o t h e
f ra m ew o r k / s t h a t y o u h a v e c h o s e n ?
2 . H ow d o e s t h e f ra m ew o r k e n r i c h y o u r u n d e r s t a n d i n g o f
human rights and/or vice-versa?
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REQUIRED READINGS
Youth for Human Rights International. The Story of Human Rights: The United
Nations Universal Declaration of Human Rights. Los Angeles: Youth for
Human Rights International, undated.
Article III of the 1987 Constitution of the Republic of the Philippines ‘Bill of
Rights’
Gavilan, Jodesz. “Hate Human Rights? They Protect Freedoms You Enjoy”
Rappler. December 9, 2016. [Link] -
rights-philippines-freedom-chr
S U P P L E M E N TA R Y R E A D I N G S
Curato, Nicole. The Duterte Reader: Critical Essays on Rodrigo Duterte’s Early
Presidency. Quezon City: Bughaw. 2017
McCoy, Alfred. Dark Legacy: Human rights under the Marcos regime. September
20, 1999. [Link]
Quitain, Miguel Elvir. “We Ought to Rethink Our Notion of Human Rights” Manila
Today. November 19, 2019. [Link] -ought-to-rethink-
our-notion-of-human-rights/
Robles, Raissa. Marcos Martial Law: Never Again. Philippines: Filipinos for a
Better Philippines. 2016 Page 4 of 4
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REFERENCES
Youth for Human Rights International. The Story of Human Rights: The United
Nations Universal Declaration of Human Rights. Los Angeles: Youth
for Human Rights International, undated.
Article III of the 1987 Constitution of the Republic of the Philippines ‘Bill of
Rights’
Commission on Human Rights. 2006 Accomplishment Report. Quezon City:
Commission on Human Rights. 2007. [Link]/chr-
accomplishment-report
----------2007 Accomplishment Report. Quezon City: Commission on Human
Rights. 2008.
----------2009 Accomplishment Report. Quezon City: Commission on Human
Rights. 2010.
----------2015 Accomplishment Report. Quezon City: Commission on Human
Rights. 2016.
---------- 2016 Accomplishment Report. Quezon City: Commission on Human
Rights. 2017.
---------- 2017 Accomplishment Report. Quezon City: Commission on Human
Rights. 2018
---------- 2018 Accomplishment Report. Quezon City: Commission on Human
Rights. 2019.
Jennica Rose A. de Guzman Jethro Daryll G. Pugal
LAYOUT DESIGNER / PROOFREADER MODULE AUTHOR
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