HUMAN RIGHTS REVIEWER
opinion and expression
CHAPTER 1: THE NATURE OF HUMAN
RIGHTS
Human Rights –
§ The aggregate of privileges, claim, benefits,
entitlements and moral guarantees that pertain to man
because of his humanity.
§ The legal and moral entitlements that have evolved as
a basis for constructing how state power is used and
particularly to limit its use against he rights of citizens.
§ As human beings, we have worth and dignity.
Other descriptions of Human Rights –
§ Jose Zalaquett – “Human Rights is regarded as a
system of values or as elements which are inherent to
human dignity.”
§ Jacques Maritain (in his book, The Rights of Man) –
“The human person possesses rights because of the
very fact that it is a person, a whole, master of itself,
and of its acts, and which consequently is not merely
a reason to an end, but an end which must be treated
as such.”
o We can’t be “means” because we have
freewill. Human beings are the “end”.
rd
§ Pope John 23 (in his papal encyclical, Pacem In
Terris) – “Any human society must lay down as a
foundation, this principle, that every human being is a
person, his nature is endowed with intelligence and
full will. By virtue of this, he has rights and duties,
flowing directly and simultaneously from his very
nature.”
§ Jose W. Diokno – “No cause is more worthy that the
cause of human rights. They are what make man
human.”
Kinds of Human Rights – French lawyer Karel Vasak
classified them into three (3) generations of rights (however,
there are currently four (4) generations of rights already).
§ First generation of civil and political rights
o Gradually evolved over centuries as it
served as the protection of individuals from
the arbitrary exercise of police power
o This can be found in Article III of the 1987
Constitution
o The first right known to men
o It is also known as the “first generation of
liberty rights”
o Winluck Wahiu stated that the first
generation of rights are individual rights
against the state
o Some examples are:
§ Right against torture
§ Right to equal protection against
any discrimination
§ Right against arbitrary arrest and
detention
§ Right to a fair and public hearing
by an independent and impartial
tribunal
© Lara Murallos reviewer J please do not hesitate to correct anything.
§ Right to privacy, freedom of
§ Second generation of economic, social, and
cultural rights (ESC)
o Started to be recognized when people
realized that the first generation of rights
would be valueless without the enjoyment of
economic, social, and cultural rights
o The experience of third world countries in
their struggle against Colonialism, the
influence of Socialism, and the encyclicals
of Popes all contributed to the development
of the second generation of rights (these
are the factors that helped in creating the
second generation of rights)
o This is also called as “the second
generation of equality rights”
o Some examples are:
§ Right to work
§ Right to social security
§ Right to form and join trade
unions
§ Right to education
§ Right to health
§ Right to shelter
§ Third generation of solidarity rights (or collective
rights)
o The third generation is intended to benefit
individuals, groups, and peoples and its
realization will need global cooperation
based on international solidarity
o This is to acknowledge everyone in the
world
o This is also called as “the third generation of
solidarity rights”
o Some examples are:
§ Right to peace
§ Right to development
§ Environmental rights
§ Right of self-determination
§ Right to food
§ Rights of women and children
§ Fourth generation of rights
o This right is due to disasters and the
experience of Africans
o This right is still emerging
o Some examples are:
§ Right to disasters
§ Right to human assistance
§ Right to water
Principles of Human Rights – Made to point out that the
international community must treat human rights in equal
manner, on the same footing, and with the same emphasis.
Jose W. Diokno made emphasis that the validity of these
principles that people cannot enjoy civil and political rights
unless we enjoy economic, cultural, and social rights, anymore
than we can insure our civil and political rights.
(1) Universality
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 o Rights that belong to and are to be enjoyed
by all human beings without any distinction
of any kind
o It means that it is internationally-recognized
and that its basic core minimum must be
observed everywhere
(2) Indivisibility – All the generations cannot be
separated from one another
(3) Interdependence – There is co-equal in importance,
and that these rights are guaranteed that an individual
can live decently and in dignity
Characteristics of Human Rights –
(1) Inherent
o Rights are the birthright of all human beings
o Not obtained and granted though any
human action or intervention
(2) Inalienable
o No person can deprive any person these
rights
o No person can repudiate these rights by
himself
o Rights that cannot be subjected to the
commerce of man
(3) Universal – Rights belong to every human being no
matter what he or she is like
Stages of Human Rights –
(1) Idealization – Notions about human rights start in the
realm of ideas that reflect a consciousness against
oppression or inadequate performance of the State
(2) Positivization – Where the support for the ideas
become strong, and thus incorporate them into legal
instruments
(3) Realization – When these rights are already being
enjoyed by the citizens by the transformation of the
social, economic, and political order
Three obligations of State Parties
(1) Obligation to respect
o Article 2(1) of the ICCPR contain this
obligation
o Indicates that the negative character of civil
and political rights, commanding the State
to refrain from restricting the exercise of
these rights is not expressly allowed
(2) Obligation to ensure
o Article 2(1) of the ICCPR also encompasses
this obligation, that State parties must be
proactive to enable individuals to enjoy their
rights
o Article 2(2) of the ICCPR points out that to
provide for an effective remedy to victims of
human rights, it must adopt executive,
judicial and legislative measures
(3) Obligation to protect – to prevent private individuals,
groups, or entities from interfering with the individual’s
civil and political rights
© Lara Murallos reviewer J please do not hesitate to correct anything.
CHAPTER 2: SOURCES AND
FOUNDATIONS OF HUMAN RIGHTS LAW
The 1987 Constitution – The Constitution itself is a source, and
not only the Bill of Rights
Ÿ The 1987 Constitution is the basic source of human
rights law in the Philippines
Ÿ As early as Biak na Bato, our forefathers are
conscious about the rights of human beings
Ÿ A novel feature of the 1987 Constitution is the
independent constitutional office of the Commission of
Human Rights, the first national human rights
commission in the world
Ÿ The CHR is not a regular commission, not like the
CoA or the civil service, etc. It is an independent
commission which investigates on human rights
violations and establishes programs of education and
information to enhance respect for the primacy of
human rights
Ÿ This Constitution is sometimes called as “Human
Rights Constitution”
Ÿ The 1987 Constitution is the seventh Constitution
drafted by Filipinos
International Bill of Rights – U Thant, former Secretary
General of the UN called the three (3) documents and the
Optional Protocol to the Covenant on Civil and Political Rights
as “Magna Carta for mankind” and is “the essential prerequisite
for peace at home and in the world”
Ÿ Universal Declaration of Human Rights (UDHR)
o The Commission on Human Rights of the
United Nations drafted the UDHR, while the
United Nations passed it
o The chairwoman was former first lady
Eleanor Roosevelt
o The declaration was adopted by 48 votes in
favor, none against and eight abstentations
o Carlos Romulo was also there during the
drafting of the CHR of the UN
o The Preamble to the UDHR refers to the
concepts of inherent human dignity and one
inalienable nature of human rights. It also
called for inter-cultural consensus by
indicating that a common understanding of
the rights and freedoms is to achieve
promotion of universal respect for and
observance of human rights and
fundamental freedoms
o The UDHR is the first internationally
adopted catalogue of human rights
o Mary Robinson, former High
Commissioner for Human Rights, said that
the common language of humanity, the
language of human rights, is enshrined in
the UDHR
Ÿ International Covenant on Civil and Political
Rights (ICCPR)
o Adopted unanimously by 106 States and
entered into force in 1976
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 Ÿ International Covenant on Economic, Social and
Cultural Rights
Philosophy – Western thinkers inspired the formulation of the
UDHR, the English Bill of Rights, the American Declaration of
Independence, the French Declaration of the Rights of Man and
of the Citizens, and other human rights instruments
Ÿ John Locke
o English philosopher who wrote “The Second
Treatise of Government” where he argued
that sovereignty resides in the people
o Contract between the governed and the
government
o Government has the duty to promote
impartial good
o He wrote that legitimate government is duty-
bound to preserve the rights of life, liberty,
health, and property of its citizens; to
prosecute and punish those who violate the
rights of others and to pursue the public
good
o The social contract theory is what
permeates many national constitutions
Ÿ Jean Jacques Rosseau
o Inspired by John Locke that’s why their
POV seems the same
o Franco-Swiss philosopher who wrote “The
Social Contract”
o He argued that the citizens surrender their
rights to the general will which must aim at
the impartial good
o This also abandoned claims of natural right,
that citizens must preserve themselves and
remain free
Ÿ Baron de Montesquieu
o French philosopher who wrote “The Spirit of
the Laws”, which explained how he saw
despotism as a standing danger for any
government
o This theory of separation of powers initially
inspired the US Constitutional Convention.
Through this, check and balance and
separation of powers became a reality
o James Madison was inspired by de
Montesquieu’s work that he wrote Federalist
51, which he submitted to Thomas
Jefferson
Religion – embedded in sacred scriptures are lessons and
teachings on human dignity, sanctity of life, worth of conscience,
social justice, respect for integrity of creation, and other rights.
CHAPTER 3: CIVIL AND POLITICAL
RIGHTS
Bill of Rights in the 1987 Constitution –
Ÿ The Bill of Rights is a regular fixture in all Philippine
Constitutions, except in the Biak na Bato Constitution
of 1897
© Lara Murallos reviewer J please do not hesitate to correct anything.
o 1935 Constitution, 1973 Constitution, 1986
Freedom Constitution – Bill of Rights
o 1943 Constitution – Duties and Rights of the
Citizens
o 1899 Malolos Constitution – The Filipinos
and their National and Individual Rights
Bill of Rights – an enumeration of civil and political rights that
are self-executing. It also serves as a restriction upon the
powers of the State in order to preserve constitutional harmony
and stability.
Ÿ Father Joaquin Bernas, SJ – The Bill of Rights is to
declare some forbidden zones in the private sphere
inaccessible to any power holder.
The provisions in the Bill of Rights can be classified into
four (4) types
(1) The completely new provisions
o Section 12(4), 18(1), 19(2)
(2) The old provisions that contain amendments by
addition
o Section 4, 6, 7, 11, 12(1), 12(2), 12(3), 13,
19(1)
(3) The old provisions where words and phrases
were amended by deletion
o Section 2, 15
(4) The old provisions that remained intact
o Section 1, 3(1), 5, 9, 10, 20, 21, 22
Comprehensive Agreement on Respect for Human Rights
and International Humanitarian Law – this is the fruit of the
negotiations of the government and the rebels
Ÿ The first substantive agreement signed by the
Negotiating Panels of the Government of the
Philippines in the Hague, Netherlands
Ÿ This comprehensive agreement consists of seven (7)
parts:
o The Preamble – introduces the Agreement
and articulates the reasons for and the
intention of the parties
o Declaration of Principles
o Bases, Scope, and Applicability
o Respect for Human Rights
o Respect for International Humanitarian Law
o Joint Monitoring Committee
o Final provisions
CHAPTER 4: ECONOMIC, SOCIAL, AND
CULTURAL RIGHTS
Social Justice and Human Rights in the 1987 Constitution
Ÿ It is an innovation in the 1987 Constitution
Ÿ Social Justice is not defined in the 1987 Constitution
o Teresa Nieva, Chairwoman of the
Committee on Social Justice, defined it as
the centerpiece of the 1987 Constitution and
that rights, dignity, and participation remain
illusory without it.
o Jose P. Laurel defined Social Justice in
Calalang vs. Williams saying that it is
neither communism nor despotism, not
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 atomism, nor anarchy, but the humanization
of laws and the equalization of social and
economic forces by the State so that justice
in its rational and objectively secular
conception may at least be approximated.
Universal Declaration of Human Rights
Ÿ A repository of the first generation and second
generation of rights
o Articles 22 to 27 of the 1987 Constitution
enumerates these rights
Ÿ The second generation of rights served as an
inspiration for regional human rights and national
constitutions.
International Covenant on Economic, Social, and Cultural
Rights
Ÿ This is the sister covenant of the International
Covenant on Civil and Political Rights
CHAPTER 5: SOLIDARITY OR COLLECTIVE
RIGHTS
Peace, Development, Environment
Ÿ Right to peace belongs to the category of Solidary
Rights.
o Locally, this could be witnessed in the
Bangsamoro Peace Agreement and the
Bangsamoro Basic Law, which is currently
being implemented
o Internationally it could be witnessed in
places like Syria, Israel, and Latin America,
wherein although it is still not yet visible, the
efforts of trying to establish peace is
eminent
Ÿ The right to development is another example of a
solidary right.
o Development is 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.
o Amartya Sen defines it as a process of
expanding the freedom that people enjoy
and requires the removal of major sources
of unfreedom like poverty, tyranny, poor
economic opportunities, systematic social
derivation, neglect of public facilities,
intolerance or overactivity of repressive
states.
o Poverty embraces the spectrum of
conditions where freedoms are diminished
and denied.
Ÿ Right to environment is also important due to global
warming, climate change, the damaging effects of
climate change on human beings, and the
degradation of the world’s environment.
o It is pointed out in 1972 at the Stockholm
Conference that man has the fundamental
© Lara Murallos reviewer J please do not hesitate to correct anything.
right to freedom, equality, and adequate
conditions of life, in an environment of a
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.
Women, Children, Persons with Disabilities, Indigenous
Peoples
Ÿ They are usually the world’s vulnerable,
disadvantaged, and marginalized groups.
Ÿ Women are always denied of their basic human
rights, which roots from restring their choices,
increasing their vulnerability to violence, and making it
difficult for them to obtain justice.
Ÿ Children are exploited, abused, maltreated, deprived
of education, sold, subjected to cruel methods of
punishment, and discriminated against.
Ÿ Persons with disabilities have long-term physical,
mental, intellectual, or sensory impairments, which in
interaction with various barriers may hinder them full
and effective participation in society on an equal basis
with others.
o RA 7277 defines PWD as 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 a human being.
Ÿ Indigenous people are those that 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.
CHAPTER 6: REMEDIES AND
PROCEDURES FOR RESPONDING TO
HUMAN RIGHTS VIOLATIONS AND HUMAN
RIGHTS ABUSES
Human Rights Violations
Ÿ These are acts committed by or at the instigation of or
with the consent of a public official or other persons
acting in an official capacity contrary to human rights
law, causing bodily, mental, pain, suffering, or death.
Ÿ When non-State actors commit these transgressions,
their actions are called crimes or human rights
abuses.
Domestic remedies
Ÿ May take in form of:
o Civil remedies
o Criminal remedies
o Administrative remedies
Ÿ May opt to file a complaint with the Commission on
Human Rights
o Task is solely fact-finding investigation
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 o Prosecution must be handled by the
Department of Justice until case is resolved
by the court
International remedies
Ÿ Based on treaties and non-treaty procedures
The reporting requirement
Ÿ Periodically submit reports to the Secretary General of
the United Nations or to the monitoring body created
by the treaty.
Ÿ Comprehensive accounts of the measures adopted by
the State Parties to apply the provisions of the UN
Conventions.
International Criminal Court
Ÿ The Rome Statute established the International
Criminal Court
Ÿ Considered as the most ambitious international legal
initiative in the history of modern law
Ÿ Has the power to investigate, prosecute, and convict
individuals
Ÿ Exercises international jurisdiction over criminals
Ÿ 3 ways which an investigation by the ICC may be
initiated
1. A State party may refer a “situation” to the
prosecutor, where it appears that one or
more crimes within the jurisdiction of the
Court was committed
2. The Security Council may refer a “situation”
to the prosecutor
3. The Prosecutor may initiate investigation
motu proprio or on her own, on the basis of
information received from any reliable
source
The Public 1235 Procedure
Ÿ Economic and Social Council resolution 1235
authorizes the Commission on Human Rights and the
Sub-Commission on Prevention of Discrimination and
Protection of Minorities.
Ÿ Information may be furnished by the States
The Confidential 1503 Procedure
Ÿ Adopted by ECOSOC
Ÿ For more confidential complaints procedure in order to
deal with communications indicating a consistent
pattern of gross and reliably attested violations of
human rights and fundamental freedoms
Special Country Rapporteurs and Thematic Rapporteurs
Ÿ The CHR has developed two types of instruments to
supervise implementation of human rights around the
world pursuant to ECOSOC resolution 1235.
o Special Country Rapporteurs – It has
appointed specific country rapporteurs and
working groups mandated to report annually
to CHR.
o Thematic Rapporteurs or working groups –
working groups already formed, which
examine relevant information from all
© Lara Murallos reviewer J please do not hesitate to correct anything.
reliable sources about violations of human
rights wherever they occur in the world.
CHAPTER 7: PREVENTIVE MECHANISMS
IN THE FIELD OF HUMAN RIGHTS
The office of the UN High Commissioner for Human Rights
Ÿ Agency that works to promote and prevent human
rights violations
Ÿ Guaranteed under international law
Ÿ Stipulated in the UDHR
Ÿ Established by the UN General Assembly on 20
December 1993
Ÿ Ordinate human rights
Ÿ Engage in human rights activities and incorporate
them in governmental programs
Ÿ It has the following proactive and preventive
responsibilities:
o Promoting and protecting the effective
enjoyment
o Carrying out the tasks assigned by
competent bodies of the UN
o Promoting and protecting the realization of
the right to development
o Providing advisory services and technical
and financial assistance
o Coordinating relevant UN education and
public information in the field of human
rights
o Playing an active role in removing current
obstacles and in meeting the challenges to
the full realization
o Engaging in a dialogue with governments in
the implementation of his/her mandate
o Enhancing international cooperation for the
promotion and protection of human rights
o Coordination of the human rights promotion
and protection activities throughout the
United Nations system
o Naturalization, adaptation, strengthening
and streamlining of the UN machinery in the
field of human rights to improve its
efficiency and effectiveness
o Overall supervision of the Office of the High
Commissioner
National Human Rights Institutions
Ÿ An organization that has been established by national
governments with the specific role of protecting and
promoting human rights.
Ÿ Paris Principles – provides for standards and
adequate funding
o Independence
o Broad human rights mandate
o Adequate funding
o Inclusive and transparent selection and
appointment process
Ÿ 1987 Constitution
o Proactive and preventive role in the
promotion of respect for human rights
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 o Conduct research
o Promote awareness
o Encourage the involvement of non-
governmental organizations

Non-governmental organizations (NGOs)

Ÿ Chief Justice Artemio V. Panganiban classifies
NGOs as belonging to civil society, and reiterated that
it has been the forefront of the fight for liberty and
considered a pillar of democracy, the conscience of
government and the overseer of governmental
actions.
Ÿ Rachel Brett stated that it is developing a human
rights culture by making people aware of their rights,
of their responsibility not to violate the rights of others,
and of the possibilities of redress including supporting
individuals in bringing cases, whether with the national
system, or under regional or international procedures

CHAPTER 8: THE JUDICIARY, THE

ACADEME, AND THE FAMILY ON
BUILDING A HUMAN RIGHTS CULTURE

Human Rights Culture

Ÿ A shared communitarian belief in the inherent dignity
and of the equal and inalienable rights of the
members of the human family.
Ÿ A shared consensus that the dignity and worth of
every human person can be upheld and honored if the
State and non-State actors undertake efforts and
initiatives to uphold and honor human rights.
Ÿ Jose Ayala Lasso – first United Nations High
Commissioner for Human Rights stated that Human
Rights is one of the most important contributions that
can be made to future generations.

The Judiciary
Ÿ A key player in the development of human rights
culture
Ÿ Social action litigation to protect the marginalized
Ÿ Judicial activism – revolution by law through decisions
and rules

The Academe
Ÿ Schools are compelled to tech human rights, love for
country, respect, and other virtues to children.

The Family
Ÿ The only constitution that has a provision about the
Family is the 1987 Philippine Constitution
Ÿ “Values are caught not taught”
Ÿ George Benson said that 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.

© Lara Murallos reviewer J please do not hesitate to correct anything. 6