Human Rights (Philippine Commission on Human Rights)

Defined as supreme, inherent, and inalienable rights to life, to dignity, and to self development. The essence of
these rights makes man human.
It is concerned with civil, political, economic, social, and cultural rights.

Basic Characteristics of Human Rights

[Link]-natural or inborn. Not granted by any person or authority
2. Fundamental-essential. Without them, the life and dignity of man will be meaningless
[Link]-Cannot be rightfully taken away from a free individual
[Link]-Cannot be lost even if man fails to use or assert them, even by a long passage of time
Basic Characteristics of Human Rights
5. Indivisible - Not capable of being divided. Cannot be denied even when other rights have already been
enjoyed
6. Universal- Applies irrespective of one's origin, status, or condition or place where one lives
7. Interdependent-The fulfillment or exercise of one cannot be had without the realization of the other.

Classification of Rights
According to Source
According to Recipient
According to Aspect of Life
According to Derogability

According to Source
1. Natural Rights- God-given rights, acknowledged by everybody to be morally good. Unwritten, but prevail
as norms of the society
Examples: The right to be happy, right to marry, right to life and property, etc.
According to Source
[Link] Rights - Conferred and protected by the Constitution and which cannot be modified or taken
away by the law-making body
Examples: right to suffrage, rigt to religion, etc.
3. Statutory Rights - Those rights which are provided by law promulgated by the law-making body. May be
abolished by the body that created them.
Examples: rights of the accused, rights of persons under custodial investigation, etc.

According to Recipient
1. Individual Rights- Accorded to individuals Examples: right to vote, right to own property, etc.
2. Collective Rights - Also called “people's rights" or "solidarity rights”. Rights of the society, those that can be
enjoyed only in company with others.
Examples: right to cultural preservation, environmental rights, right to assembly, etc.

According to Aspect of Life

1. Civil Rights -Rights which the law will enforce at the instance of private individuals for the purpose of
securing to them the enjoyment of their means of happiness.
Examples: right to self expression, right to marry, right to religion, rights against involuntary servitude, rights
against imprisonment for non-payment of debt or a poll tax, the constitutional rights of the accused, inherent
powers.
2. Political Rights- Rights which enable us to participate in running the affairs of the government either directly
or indirectly
Examples: right to vote, right to assembly, right to information on matters of public concern, right to initiative
and referendum.
3. Economic and Social Rights -Those which the law confers upon the people to enable them to achieve social
and economic development
Examples: right to own property, right of employees, right to education, and promotion of social justice, right to
engage in business, right to practice profession, right to earn a living
4. Cultural Rights - Rights that ensure the well-being of the individual and foster the preservation, enrichment,
and dynamic evolution of national culture based on the principle of unity in diversity.
Examples: right to practice one's culture, right to cultural religion, right to use own language, right to access, to
take part, and contribute cultural life Members of the IP communities to enjoy this kind of right in order to
protect and preserve.

According to Derogability
[Link] or Non-Derogable Rights - Those that cannot be suspended nor taken away nor restricted/limited
even in extreme emergency and even if the government invokes national security.
Examples: The right to freedom of thought, conscience, and religion
According to Derogability
2. Derogable or Can-Be-Limited Rights - May be suspended or restricted or limited depending on the
circumstances which call for the preservation of social life. It Must satisfy three requirements for it to be valid:
i. It is provided for by law which is made known to every citizen;
ii. There is a state of emergency which needs urgent preservation of the public good, public safety, and
public moral;
iii. It does not exceed what is strictly necessary to achieve the purpose.
Examples: (During pandemic) the right to travel may be limited, right to liberty, which can be lawfully
restricted

Human Rights Violations

Slavery-Africans were stripped of human rights, enslaved, brutally treated and considered lesser than their
fellow human beings for centuries.
Holocaust-also known as the Shoah, was the genocide of European Jews during World War [Link] 1941
and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-
occupied Europe

Example of a Violation of a Human Right

Louie Soriao was a high school student in the sub province of Dinalungan, Aurora (S.Y. 1993 to 1994). Due to
his reputation of talking back to school authority during the past years,he was refused readmission to complete
his fourth and final year of high school through a verbal notice not to read it. Soriao questioned the notice,
averring that he was deprived of a hearing on the matter and thus the verbal notice was a denial of his right to
due process. The administration ignored the student's plea to reconsider its decision to deny him readmission
claiming, "it was their prerogative." Seeking further remedies to no avail, Soriao filed a petition for certiorari to
the CA.
Example of a Violation of a Human Right
Issue: Whether or not the petitioner was denied his right to education.
Example of a Violation of a Human Right
Ruling: YES. The Court of Appeals ordered Pineda, Head Teacher of the Juan C. Angara Memorial High
School to allow Soriao to enroll and study after he was meted out a disciplinary action without due process. The
Court of Appeals invoked the1987 Constitution and the Universal Declaration of Human Rights.

Freedom vs. Human Rights

WHAT IS FREEDOM? Freedom is a state of being where a person can carry out different activities without
interference from other individuals or authority. This is an emotional entity. It is also objective. This means that
the term freedom can mean different things for different people. People can have a different perception of
freedom depending on different factors. They are: Upbringing Education Location Occupation Race
Freedom is a product of rights. This means that a person can receive freedom only when he or she has been
given rights. Freedom is also an essential component of human society. Freedom allows one to live a happier
and a healthier life. It is a requirement for one to express themselves. Freedom is the quality or state of being
free, i.e., it is the absence of necessity, coercion, or constraint in choice or action.
WHAT ARE RIGHTS? A right is an entitlement that one receives when one becomes part of society. Human
can get different types of rights throughout their lives depending on various factors. A few factors are: Age
Nationality Occupation Education. A right can be given based on the economic, social and political standing
of an individual. A country confers national rights to a citizen. These rights are a core component of a country’s
constitution. A few common rights that are given to a citizen by their government is: Right to Education Right
to freedom of Thought Right to freedom of Religion Right to Life Right to freedom of Movement Right
to freedom of Expression. An individual receives rights because they are human. These are known as human
rights. Human rights were the creation of the United Nations. The meeting wherein the outline of Human Rights
was given under the guidance of Eleanor Roosevelt. Human rights include: Right to freedom of life Right
against slavery Right against inhuman treatment and torture Right to equality Right to a fair trial and many
more.
The main difference between a right and freedom is a right is an entitlement of a given thing. For
example, a person working at a job has a right to receive their salary as per the contract. However, freedom
refers to the state in which a government cannot restrict a person from performing a certain activity. However,
this activity has to be within the bounds of the law.
Non-State actors on Human Rights
Non-state actors include organizations and individuals that are not affiliated with, directed by, or funded through
the government. These include corporations, private financial institutions, and NGOs.
human rights of others in the private sphere needs to be addressed also; non-state entities are obliged, as a
minimum, to comply.
Whenever power is exercised, there is the risk that it is used in an unrestricted manner violating the human
rights of individuals.

The International Bill of Human Rights

The International Bill of Human Rights consists of the five core main treaties:
a. Universal Declaration of Human Rights
b. International Covenant on Economic, Social and Cultural Rights
C. International Covenant on Civil and Political Rights
d. Optional Protocol to the International Covenant on Civil and Political Rights
e. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty
Purpose: the promotion and encouragement of respect for human rights and for fundamental freedoms for all
without distinction as to race,sex,language,or religion

Universal Declaration of Human Rights

One of the five core main treatise of the international bill of human rights. It is an international document which
articulates 30fundamental rights and freedoms for all (right to life, right against slavery, right to education, etc.).
The declaration was proclaimed by the United Nations General Assembly in Paris on December 10,1948
through General Assembly Resolution 217.

UN Commission on Human Rights

Formally established by the Economic and Social Council to assist in all matters relating in human rights
Composed of 43 members
Deals with all aspects of human rights issues involving the participation of all sectors of the international
committee
Undertakes special tasks assigned to it by the General Council, including the investigation of all allegations of
human rights violations
Special rapporteurs or working groups are appointed to deal with special topics
International Criminal Court (ICC)
It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the
international community: genocide, war crimes, crimes against humanity and the crime of aggression.
As a court of last resort, it seeks to complement, not replace, national Courts.
Governed by an international treaty called the Rome Statute, the ICC is the world's first permanent international
criminal court.
There are 123 countries party to the Rome Statute.

Main Office: Hague, a city in the Netherlands

No. of Judges: 18 judges
The court has jurisdiction over four categories of crimes:
Genocide-intent to destroy in whole or in part a national, ethnic, racial, or religious group;
war crimes, or grave breaches of the laws of war, which include the Geneva Conventions;
crimes against humanity, or violations committed as part of large-scale attacks against civilian populations
crimes of aggression, or the use or threat of armed force by a state against political independence of another
state, or violations of the UN Charter.

International Court of Justice.

Sometimes known as the World Court, the principal judicial organ of the United Nations (UN) and has a
twofold role.
First, it settles, disputes such as land frontiers, maritime boundaries, territorial sovereignty, and other disputes
between two nations
Second, the ICJ gives advisory opinions on legal questions referred to it.
Main Office: Hague, Netherlands
No. of Judges: 15 Judges

International Human Rights Law

It is a set of rules which seek, for humanitarian reason, to limit the effects of armed conflict. It protects persons
who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. It is
also known as the law of war or the law of armed conflict which regulates the conduct of warfare.
The UN and International conventions on Rights of Prisoners of War and In Conflict Areas

Geneva Convention -provides a wide range of protection for prisoners of war. It defines their rights and sets
down detailed rules for their treatment and eventual release.

Prisoners of War (POWs)

refers to any of the following categories:
1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps
forming part of such armed forces.
2. Persons who accompany the armed forces without actually being members thereof, such as civilian members
of military aircraft crews, war correspondents, supply contractors, etc.
[Link] of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil
aircraft of the Parties to the conflict.
[Link] of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to
resist the invading forces
Note: chaplains and medical personnel attached to armies if fall into the hands of the enemy they shall not be
treated as prisoners of war.

Rights of the POWs

1. The PoWs cannot be compelled to give any information other than their name, rank, age and service number.
2. If because of his physical or mental condition, he is unable to answer the question, he should be handed to the
medical corps.
3. A PoWs must be allowed to keep with him all his personal possessions which does not include arms and
military papers.
4. The PoWs shall be released and repatriated immediately after the cessation of active hostilities.
5. They should be treated with honour and humanely.
Rights of the POWs
6. PoWs should be allowed to inform the International Committee of Red Cross of their capture.
7. They should be allowed to inform their family of their status.
8. If held captive for a long period of time, they should be allowed to contact their relatives on a regular basis.
9. They are allowed to receive packages.
[Link] should be provided with adequate food.
[Link] held captive for long, they should be provided with housing as well as clothing.
12. They should not be made to do any dangerous or degrading work.
[Link] should be reimbursed if any work was done by them.
[Link] a PoW has been wounded in the battlefield, he shall receive help from the International Committee of Red
Cross.

International Committee of Red Cross

An independent, neutral organization ensuring humanitarian protection and assistance for victims of armed
conflict and other situations of violence.
Salient core tasks of the committee (derived from the Geneva Conventions and its own statutes)
 to monitor compliance of warring parties with the Geneva Conventions
 to organize nursing and care for those who are wounded on the battlefield
 to supervise the treatment of prisoners of war
 to help with the search for missing persons in an armed conflict

War Crimes
Are those violations of international humanitarian law (treaty or customary law) that incur during the conduct of
war.
Examples:
 intentionally directing attacks against the civilian population;
 intentionally directing attacks against buildings dedicated to religion, education, art, or hospitals;
 Rape or sexual slavery,
 enlisting children under the age of 15 years into armed forces or groups
NOTE: The Conventions and Protocol make clear that grave breaches must be punished. However no specific
penalties set. Instead, they expressly require States to enact criminal legislation to punish those responsible for
grave breaches.

Republic Act No. 9851

an act defining and penalizing crimes against international humanitarian law, genocide and other crimes against
humanity, organizing jurisdiction, designating special courts, and for related purposes.

Hors de combat
means a person who:
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or
(3)has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable
of defending himself.

Penalties (Sec. 7, Ra 9851)

reclusion temporal in its medium to maximum period and a fine ranging from One hundred thousand pesos
(Php100,000.00) to Five hundred thousand pesos (Php500,000.00).
When justified by the extreme gravity of the crime, or when crimes result in death or serious physical injury, or
constitutes rape, the penalty of reclusion perpetua and a fine ranging from Php500,000.00 to Phpl,000,000.00
shall be imposed.

[Link].-The State shall exercise jurisdiction over persons, whether military or civilian, provided,
any one of the following conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is present in the Philippines; or
(c) The accused has committed the said crime against a Filipino citizen.

Human Rights Legal Framework in the Philippines

Philippines signatories to 8 UN core human rights treaties:
1. The International Convention on the Elimination of Racial Discrimination or (ICERD),
2. The International Covenant on Economic, Social and Cultural Rights or (ICESR),
3. The Convention on the Elimination of All Forms of Discrimination Against Women or (CEDAW),
4. The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment or (CAT),
5. The International Covenant on Civil and Political Rights or (ICCPR),
6. The Convention on the Rights of the Child or (CRC),
7. The International Convention on the Protection of the Rights of All Migrant Workers and Members of their
Families or (CMW),
8. The Convention on the Rights of Persons with Disabilities or (CRPD).