HUMAN RIGHTS LAW 2.

INALIENABLE
Commissioner Rene V Sarmiento Notes
MATEO SBCA SOL 1A
Chapter 1 I Nature of Human Rights
Human Rights
 are the aggregate of privileges, claim, benefits and entitlements
and moral guarantees that pertain to man because of his
humanity
 system of values or as elements which are inherent to human
dignity (Jose Zalaquett)
 legal and moral entitlements that have evolved as a basis for
constructing how state power is used and particularly to limit
its use against the rights of citizens (Wahiu)
Why man has rights?
-human possess rights because of the very fact that it is a person, a
whole, a master of itself, and of its acts…(Jean Jacques Maritain)
Kinds (Karel Vasak)
1. First Generation of Rights / Liberty Rights
- During the long development of society
- Serves as the protection of the individuals from the arbitrary
exercise of police power
Examples:
Rights against torture, right to privacy
2. Second Generation of Rights / Equality Rights
- when people realized that possession of the first generation of
liberty rights will be valueless without the enjoyment of
economic, social, and cultural rights
- due to their struggle in Colonialism, influence of Socialism and
encyclicals of the popes contributed to the economic, social
and cultural rights development and appreciarion
EX.
Right to work, right to social security
- No person can deprive any person these rigths and no person
can repudiate these rights by himself
- Cannot be subject to the commerce of man
3. UNIVERSAL
- Belongs to every human no matter what she or how he or she is
like
- Promotion and protection are the duty of all the states
regardless of cultural, economic or political systems
STAGES (3)
1. Idealizaton
- Notiotns about human rights started in the realm of ideas that
reflect a consciousness against oppression, dehumanization or
inadequate performance by the state
2. Positivization
- Where support for ideas become strong
- Stage is set to incorporate them into some legal instruments
(w/ domestic or international)
3. Realization
- Rights are enjoyed by the citizens of the state by the
transformation of the social, economic and political order
THREE OBLIGATIONS OF STATE PARTIES
1. Respect
- Art 2(1) of ICCP it indicates the negative character of civil and
politcal rights, commanding the state parties to refrain from
restricting the exercise of these rights where such is not
expressly allowed
- Absolute; states must refrain from practicing torture in all
circumstances
- Right to life, Right to Privacy only prohibit arbitrary interference
2. Ensure
3. Protect
- Prevent private individuals, groups or entities from interfering
with others’ civil and political rights

3. Third Generation of Rights / Solidarity Rights CHAPTER 2 | SOURCES AND FOUNDATIONS OF HR LAW
- Intended to benefit the individuals, groups and peoples
- Its realization will need global cooperation based on Basic source of HR LAW: 1987 constitution
international solidarity 1st gen of rights:
EX: 1. Article III Bill of Rights
Right to peace, right to development, right to environment 2nd Gen of Rights
1. Article XII National Economy and Patrimony
Principles 2. Article XIII Social Justice and Human Rights
1. Universality 3. Article XIV Education, Science and Technology, Arts,
- Rights belong to and are to be enjoyed by all human beings Culture and Sports
without distinction of any kind 3rd Gen of Rights
- Human rights belong to everyone wherever they are because 1. Article II Declaration od Principles and State Policies
they are human beings endowed with dignity 2. Article XV The Family
- Internationally-recognized hr: basic core minimum to be
observed everywhere without regional differences
COMMISION ON HUMAN RIGHTS (Sec 18 Article XIII)
2. Indivisibility - Investigate human rights violation involving civil and political
3. Interdependence rights either committed by the government or ng entities
- The first generation of liberty rights and second generation - Establish a program if education and information to enhance
rights are inter-related and of co-equal in importance respect for the primacy of human rights
- Form a indivisible whole and if only these rigths are guaranteed
that an individual can live decently and in dignity LAWS
- Intl community must treat human rights in equal manner, on 1st gen:
the same footing and same emphasis  RA 7438
 Speedy Trial Act
“…we cannot enjoy civil and political rights unless we enjoy
economic, cultural and social rights, anymore that we can insure 2nd Gen:
our civil and political rights. True, a hungry man doesn’t have much  CARL
freedom of choice. But equally true, when a well-fed man doesn’t  Social Securty Act of 1992
have freedom of choice, he cannot protect himself from being
hungry” – Jose W. Diokno 3rd gen:
 Philippine Clean Air Act of 1999
Characteristics:  RA 6955
1. INHERENT
- The rights are the birthright of all human beings, existing THE INTL BILL OF RIGHTS
independently of the will of either an individual, human being Note: Incorporation Clause
or group 1. UDHR Magna Carta for Mankind (U Thant)
- When one is born, he carries with them these rights; cannot be 2. ICCP essential prerequisite for peace at home and in
separated or detached from him 3. ICESCR the world
1.UDHR ICCP-Parts I-III contains all substantive rights and some general
- Dec 10, 1948 provisions like prohibition of discrimination and misuse, gender
- Eleanor Roosevelt equality
- common language of humanity ** Part III Individual Rights includes right to life, prohibition of
torture and inhuman prison condtitons, prohibition of slavery
PREAMBLE: - Parts IV-VI international monitoring provisions, principles of
- Most important interpretation and final clauses
- Refers to the concepts of inherent human dignity and one
inalienable nature of human rights First Optional Protocol to the Covenant
- Sources of the declaration and inspiration for further - Provides for the possibility of individual complaints
development of HR
- Calls for inter-cultural consensus: common understanding of Second Optional Protocol
the rights and freedoms is one of greatest importance for the - Dec 15, 1989
full realization of the pledge of Members of the UN to achieve - Abolition of death penalty
promotion of universal respect for and observance of human
rights and fundamental freedoms
CHAPTER 4 ECONOMIC, SOCIAL AND CULTURAL RIGHTS
PHILOSOPHY
1. Second Treatise of Government (John Locke) Social Justice and Human Rights in the 1987 Constitution
- Sovereignty resides in the people - Contains rich inventory of economic, social and cultural rights
- Nature of government in terms of natural rights and social like:
contract 1. Rights of all workers to self-organization, collective
- Social contract theory bargaining and negotiations, Right to security of tenure,
humane conditions of work and a living wage, right to
2. The Social Contract (Rosseau) health
- Citizens surrender their rights to the general will of the people
which must aim at the impartial good
3. The Spirit of the Laws (Montesquieu)
- “despotism” “a single person directs everything by his own will SOCIAL JUSTICE
and caprice” as a standing danger for any government not - “Neither communism or despotism, not atomism nor anarchy,
despotic but the humanization of laws and the equalization of social
- argued that it could best be prevented by a system of and economic forces by the State so that justice in its rational
separation of powers in which different bodies exercise and objectively secular conception may at least be
legislative, executive and judicial powers approximated” – Jose P. Laurel in Calalang v Williams
- THEORY OF SEPARATION OF POWERS
UDHR
RELIGION - Art 22-27
- Lessons and teachings of human dignity, sanctity of life, worth - Right to security, the right to work, right to rest and leisure,
of conscience, social justice, respect for the integrity of right to an adequate standard of living, right to education and
creation rights of prisoners, rights of persons with PWD, rigths the right to participate in the cultural life
of minorities - Inspirations to:
1. African Charter in Human and Peoples Rights
CHAPTER 3 CIVIL AND POLITICAL RIGHTS 2. European Social Charter

Bill of Rights of the 1987 Constitution
- Enumeration of civil and political rights that are self executing
- “declare some forbidden zones in the private sphere
inaccessible to any power holder”- Fr. Joaquin Bernas
- Influenced by:
1. Britain’s 1689 Declaration of Rights (Bill of Rights 1689)
 Right to petition te king, free election, prohibition against
excessive bail and fines, non-infliction of cruel and universal
punsihments
CLASSIFICATION
1. New Provisions (12(4)
2. Old provisions that contain amendments Art.4,6)
3. Amended by deletion (2,5)
4. Remain intact (1,9)
International Covenant for Economic, Social and Cultural Rights
- Meat of the covenant in Part III
1. Right to work, right to education, right to employment,
right to food, clothing and housing, right to adequate
standard of leaving
- Several intl instruments affirm the rights mentioned in the
covenant…
1. International Convention on the Rights of the Child
2. Convention on the Elimination of All Forms od
Discrimination Against Woman
3. International Labor Organization
4. African Charter on Human and People’s Rights
5. European Social Charter
CHAPTER 5 | Solidarity/Collective Rights

COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN RIGHTS Peace, Development, Environment

AND INTERNATIONAL HUMANITARIAN LAW Right to Peace
- First substantive agreement signed by the Negotiating Panels of - It is universally recognized that peoples of the earth have a
the GRP and National Democratic Front sacred right to peace and that the preservation of the right of
- March 16, 1998 in The Hague, Netherlands peoples to peace and the promotion of its implementation
- Provisions: constitute a fundamental obligation of each state
1. Right of the people to oppose tyranny, rights of the - International instruments related to Peace:
minority etc 1. Un Declaration on Principles of International Law
Concerning Friendly Relations and Cooperation Among
UDHR States
-Art 3-21 2. UN General Assembly Resolution 33/73
* Right to Life, liberty and Security 3. Declaration of the Rights of the People to Peace of 1984
* Right to equal protection of the law 4. UNGA Resolution 45/14 Implementation of the Right of
* Right to a Fair trial Peoples to Peace

Right to Development
- Development; a comprehensive economic, social, cultural and
political process which aims at the constant improvement of
 the well-being of the entire population and of all individuals
through their meaningful participation
- Process of expanding the freedoms that people enjoy and
requires the removal of major sources of unfreedom like
poverty, tyranny, poor economic opportunities, systematic
social deprivation, neglect of public facilities, intolerance or
overactivity of repressive states (Amartya Sen)
- Proclaimed in the UN Declaration on the Right to Development
- Recognized in the African Charter on Human Rights and
People’s Rights and the Arab Charter on HR
- Reaffirmed in different instruments like 1993 Vienna
Declaration and Programme of Action
Right to Environment
- Important right due to global warming, climate change,
damaging effects of environmental pollution on human beings
and degradation of the worlds environment
- Stockholm Conference; important starting point in developing
environmental law at the global and national levels
1. Principle 1 man has the fundamental right to freedom,
equality and adequate conditions of life, in an
environment of quality that permits a life of dignity and
well-being, and he bears a solemn responsibility to protect
and improve the environment for present and future
generations
- ICESCR Article 12(3)
1. The steps to achieve the full realization of this right shall
include those necessary for…(b)the improvement of all
aspects of environmental and industrial hygiene.
WOMAN, CHILDREN, PWD, INDIGENOUS PEOPLE
- Most vulnerable, disadvantages and marginalized group of
people
- Have rights but are violated
Women
- Denial of their basic rights
- Restrict their choices, increase their vulnerability to violence
and make it difficult for them to obtain justice
Ex:
- pregnancy and child-birth related cases
- HIV infection
- Gender-based violence kills
- Cancer
- Illiteracy
- Earn less than men
CORE INSTRUMENTS
 CEDAW
 Declaration on the Elimination of Discrimination Against
Women
 Convention on the Elimination of All forms of Discrimination
 Declaration on the Protection of Women and Children in
Emergency and Armed Conflict
Children
- Exploited, maltreated, deprived of education, sold, subjected to
cruel methods of punishment and discriminated against
- Have rights; because of their vulnerability are in need of special
care, attention and protection
EX:
- Child brides
- Street Chikdren
- Child Workers
- Child Combatants
- Child Abducters
- Child Refugees
CONVENTION ON THE RIGHTS OF THE CHILD
3 Basic Rights
1. Right to survival
2. Right to develop to the fullest, protection from harmful
influences, abuse and exploitation
3. Right to participate fully in family, cultural and social life
PWD
- Who have long-term physical, mental, intellectual or sensory
impairments, which in interaction w various varriers may inder
them full and effective participation in society on equal basis w
others (UN Convention on the Rights of the Persons with
Disabilities)
- Those suffering from restriction or different abilities, as a result
of a mental, physical or sensory impairment, to perform an
activity in the manner or within the range considered normal
for human being
- 50 Million PWD due to war and destruction, uunhealthy living
conditions or the absence of knowledge about disability, its
causes, prevention and treatment, the number increases every
year
INDIGENOUS PEOPLE
- Those who have historically belonged to a particular region or
country before its colonization or transformation into a nation,
state and may have different-often unique- cultural, linguistic,
traditional, and other characteristics to those of the dominant
culture of that region or state
- PH: 10% of 100 million
- Lack education and have inadequate political representation
but minerals, forests and rivers can be found where they are
and make them vulnerable to development aggression
- UN Declaration on the Rights of Indigenous People
1. have recognized that they gave suffered from historical
injustices as a result of colonization and dispossession of
their lands, territories and resources, preventing them from
exercising their right to development based on their needs
and interest
2. acknowledges the urgent need to respect and promote the
inherent rights of indigenous people which are derived form
their political, economic and social structures, from their
cultures, spiritual traditions, histories and philosophies
3. right to education, self-determination, health etc
CHAPTER 6 |Remedies and Procedures for Responding to Human
Rights Violations and Human Rights Abuses
HUMAN RIGHTS VIOLATIONS
- acts committed by or at the instigation of or with consent of a
public official or other person acting in an official capacity
contrary to human rights law causing bodily or mental pain or
suffering death.
- Occur when state actors abuse or deny basic human rights
- Traditionally, when NSA (Rebels, Insurgents, Non-Government
Entities) commit these transgressions or violations of HR, their
actions are called crimes.
-
RA 10368(The Human Rights Reparation and Recognition Act of
2013
- any act or omission committed during the period from Sept 1
1972 to Feb 25 1986 by persons acting in official capacity
and/or agents of the State
- includes any illegal search, arrest or detention, any affliction of
physical injury, any enforced or involuntary disappearance,
force or intimidation causing the involuntary exile of a person
from the PH,
- any act or force, intimidation or deceit causing unjust or illegal
takeover of a business etc.
HUMAN RIGHTS ABUSES
- violations committed by the rebels (Comprehensive Agreement
on Respect for HR and Respect for International Humanitarian
Law)
REMEDIES
1. Domestic Remedies
- May take the form of:
1. Civil Remedies & Criminal Remedies
 An hr victim may file a civil action for damages under Art 32
of CC
 Criminal Liability under Art 100 RPC
 2. Civil and penal sanctions are affirmed by
 Article III Sec 12(4) 1987 Consti
 Writ of Amparo
 Writ of Habeas Data
 Rules of Procedure for environmental Cases
PROCEDURE
- HR Victim may opt to file to CHR for investigation
- After investigation, prosecution will be handled by DOJ until
case is resolved by the court
- Complaint can be filed for specific crimes of HR Violations
(Right of the People to Peaceably Assembly. Freedom of
Religion. Arbitrary Detention, Murder, Homicide ETC)
- Since hr violations are crimes under RPC, hr victim can file
directly to the Office of the Prosecutor
2. Administrative Remedies
- Heads and bureaus or office has the authority to discipline his
employees in line w/ Sections 30 and 36, Book IV Under the
Revised Administrative Code of 1987
3. International Remedies
a. Treaty
 Reporting requirement to ensure the state compliance w/
treaty obligations
 Submission of reports to UN sec gen or to the monitoring
body created by the treaty
 Comprehensive account of the measures adopted by the
state parties to apply the provisions of the UN Convention
 Also contain elaboration on the progress that the state
parties have achieved to fulfill their obligations under the
covenant concerned as well as the factors and difficulties
that may retard their progress
 Found in treaties like:
o Intl Covenant on Economic, Social and Cultural
Rights
o ICCP
o CEDAW etc
 Investigation of communications to determine breaches of
treaty obligations
 under the quasi-judicial practice of the HR Committee
 most effective hr complaints system universal level
 only individuals and not groups may submit a
communication to the Committee under Art 1 and 2 of the
Optional Protocol
 lack of legally binding effects and sanctions against non-
cooperative governments; most serious shortcoming of
the procedure
 Investigation, prosecution and trial of HR violators under
Rome Statute of the International Criminal Court
 Deals with and has power to investigate, prosecute and
convict individuals
 Adopted on July 17, 1998
 Exercises international jurisdiction over criminals
 Addresses the problem of preventing hr violators and
criminals who may have escaped from natl jurisdiction
where they committed serious crimes like:
o Genocide
o Crimes against humanity
o War crimes
o Aggression
- 3 ways by investigation by ICC may be initiated
1. A state party may refer a “situation” to the prosecutor,
where it appears that one or more crimes w/in the
jurisdiction of the court has been committed
2. Security council may refer a “situation” to the prosecutor
3. Prosecutor may initiate investigation motu proprio or on
her own on the basis of info received from any reliable
source
- Prosecutor then applies for warrant of arrest w/ Courts Pre-trial
chamber; if approved, issue
b. Non-Treaty
 Public 1235 Procedure
 Authorizes CHR to debate during their annual sessions, the
question of the violation of HR and Fundamental
Freedoms
 CHR and Sub-commission may examine info relevant to
gross violations of HR in their public sessions
 Info on hr violations may be furnished by the states
(members and non members), members of sub-
commissions and by NGOs w consultative status w UN
 Sub-commission is authorized to adopt rso on the situation
of HR in specific countries but may not take further action
 1503 Procedure est by reso. 1235 & Reso 1503 of the
ECOSOC in 1967 and 1970

 Provides confidential complaints procedure in order to
deal w communications indicating a consistent pattern of
gross and reliably attested violations of HR and
fundamental freedoms
 Individuals, groups and organizations may submit
complaint to Sec Gen for confidential examination by the
Commission and Sub-Commission
 Admissibility Criteria: complaint may not be anonymous
and may not contain insulting and abusive language
 Declares on simple majority on issues before it
 Make recommendations, appoint special rapporteur w a
mandate to submit confidential report or transfer it to
public 1305
 Although ECOSOC cannot take binding decisions, a public
condemnation by ECOSOC of HR violations in a specific
country puts pressure on the govt to take its HR obligation
under UN Charter seriously
SPECIAL COUNTRY RAPPORTEURS AND THEMATIC RAPPORTEURS
1. Specific Country Rapporteurs And Working Groups
- Mandated to report annually to the Commission on the
development of HR Situation in the country for which they have
been appointed
2. Thematic Rapporteurs And Working Groups
- Thematic rapporteurs or working groups already formed were
issues of:
1. Involuntary Disappearance
2. Torture
3. Extra-Judicial Executions
4. Arbitrary Detention
5. Freedom of Expression
6. Xenophobia
7. Racism
8. Violence against women
- May examine relevant info from all reliable sources about
violations of HR wherever they occur in the world
- May also visit specific countries, with the consent of the
government concerned
- Submit annual reports to the Commission and these annual
reports survey the info received by the special thematic
rapporteurs, the replies by the govt and their lack, actions
taken by the special rapporteur and general comments or
recommendations they wish to submit
CHAPTER 7 | PREVENTIVE MECHANISMS IN THE FIELD OF HR
- Monitoring, investigative and judicial mechanisms to combat
HR violations and to put to an end the practice of impunity
must be coupled with and supported by proactive and
preventive arrangements and processes designed to develop
awareness of and respect for the indivisibility of HR
1. UN:
Office of the UN High Commissioner for Human Rights
- Promote and prevent the HR that are guaranteed under Intl
Law and Stipulated by UDHR
 Proactive and Preventive Responsibilities
1. Promoting and protecting the effective enjoyment by all of
civil, cultural, economic, political and social rights
2. Carrying out the tasks assigned to him/her by competent
bodies of UN System in the field of HR and submitting
 recommendations to them w a view to improving the
promotion and protection of all HR
3. Promoting and protecting the realization of the right to
development
4. Providing, through appropriate mechanisms and technical
and financial assistance, at the request of the State
concerned
5. Coordinating relevant UN education and public
information programmes in the field of HR
6. Playing an active role in removing current obstacles and in
meeting challenges to the fill realization of all HR and in
preventing the continuation of HR violations throughout
the world
7. Engaging in a dialogoue w govt in the implementations of
his/her mandate
8. Enhancing intl cooperation for the promotion and
protection of hr
9. Coordination of the HR promotion and protection
activities throughout the UN System
10. Naturalization, adaptation, strengthening and streamlining
of the UN machinery in the filed of HR to improve its
efficiency and effectiveness
11. Overall supervision of the Office of High Commissioner
NATIONAL HR INSTITUTIONS
- Organization that has been est by natl govt w/ specific role of
protecting and promoting hr (Pegram, 2013)
- Paris Principles:
1. Independence
2. Broad HR mandate
3. Adequate funding
4. Inclusive and Transparent Election and Appointment
Proccess
- Activities:
 Promote and ensure harmonization of national legislation,
regulation and practices w Intl HR instruments to w/c a state
is a party and their effective implementation, the ratification
of intl hr instruments and formulation of hr education
programme and take part in their execution
NGO
- “belonging to civil society that has been a forefront of the fight
for liberty and considered a pillar of democracy, the conscience
of the government and the overseer of the governmental
actions” (Panganiban)
- Peoples organization who are bona fide associations of citizens
w/ demonstrated capacity to promote public interest and w
identifiable leadership, membership and structure (1987
Consti)
- Vital part of hr regime; bring out facts, contribute to the
standard setting as well as to the promotion, implementation
and enforcement of HR norms, spread the message of hr and
mobilize people to realize that message and proceed w/ a
speed, decisiveness and range of concerns impossible to
imagine in rel to work of bureaucratic and politically
constrained intergovernmental organizations
- Important role: FIELD OF HR EDUCATION
 Making people aware of their rights, responsibility not to
violate the right of others and of the possibility of redress
including supporting individuals in bringing cases
CHAPTER 8 | THE JUDICIARY, THE ACADEME, AND THE FAMILY ON
BUILDING HR CULTURE
HR CULTURE
- Shared communitarian belief in the inherent dignity and of the
equal an inalienable rights of all members of the human family
- Shared consensus that the dignity and worth of every human
person can be upheld and honored if thee state and nsa
undertake efforts and initiatives to uphold and honor hr
- foundation for this culture is enshrined in the principles of the
universal declaration
- result in a profound change in how individuals, communities,
states and the international community view relationships in all
matters
- in this culture, hr would not be seen as a job of someone else
but the obligation and duty of all (Jose Ayala Lasso)
THE JUDICIARY
- key player in the development of hr culture
- potent agent to overcome marginalization, impoverishment,
discrimination, and inequality
- can eliminate stripes (economic injustice, political and social
injustice)
- it can educate and enlighten the members of the bar, litigant,
law students and the public about the majesty and efficiency of
hr
JUDICIAL ACTIVISM
- important strategy to overcome all forms of oppression,
exploitation, impoverishment, unjustifiable in any model of
social development in Africa and Asia.
- Encouraged by social action litigation, inspired by constitutional
values, may be regarded as a vital human technology for social
change in impoverished society
NOTABLE DECISIONS BY SC ON HR
1. Oposa v Factoran
2. Secretary of Defense vs Manalo
3. MMDA vs Concerned Residence of Manila Bay
4. Writ of Amparo
5. Habeas Data
6. Rules of Procedure for Environmental Cases
THE ACADEME
- Article XIV (Education, Science And Technology, Arts, Culture
And Sports)
- Inculcate patriotism and nationalism
- Foster love of humanity
- Respect for human rights
- Appreciation of the role of national heroes in the historical
developmet of the country
- Teach the rights and duties of citizenship
- Strengthen ethical and spiritual values
- Develop moral character and personal discipline
** HUMAN RIGHTS LAW
- Effective 2013-2014 in all law schools
- HR field trips
- HR boot camps
- HR exchange programs
- HR Cultural Shows and art exhibition
- HR Dialogue bet government, UN Officials, Students
- HR Debate/Moot court competition
THE FAMILY
- contributor in building of a human rights culture
- sec 1: recognition of the state of the Filipino Family as the
foundation of the nation
- sec 2: about marriage as an inviolable social institution and
foundation of the family
- sec 3: states obligation to honor and defend the right that
pertains to spouses, children, family, or family associations and
the elderly
- FIRST HANDS ON LESSONS ON THE RIGHT TO EDUCATION,
CULTURE, FOOD, HEALTH AND NUTRITION, WATER
- FREEDOM OF EXPRESSION, EQUALITY, DUE PROCESS, JUSTICE
- RIGHT TO WORSHIP, GOOD GOVERNANCE,
ACCOUNTABILITY,INTEGRITY AND LOVE
“Great ideas and fine principles do not live from generation to
generation just because they are good, nor because they have been
carefully legislated. Ideals and principles continue from generation to
generation only when they are built into the hearts of children as
they grow up” – George Benson