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Human Rights Law Chapter 1 Nature of Human Rights
Human Rights Law Chapter 1 Nature of Human Rights
INTRODUCTION
Human Rights law – branch of public law that deals with the body of laws, rules, procedures, and
institutions designed to respect, promote and protect human rights and the national, regional and
international levels
UN Charter
o reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in
the equal rights of men and women and of the nations large and small
o to promote social programs and better standards of life in larger freedom
1987 Constitution Article 2 Sec 11
o State value the dignity of every h
o uman person and guarantees full respect for human rights
1984 Universal Declaration of Human Rights
o basic source of human rights
Definition
aggregate of privileges, claim, benefits, entitlements and moral guarantees that pertain to man
because of his humanity
system of values or elements which are inherent to human dignity
why does man have rights? 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
connection between a human person and his possession of his rights - any human society if it is to be
well ordered and productive must lay down as a foundation the principle that ever human being is a
person, and that 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
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
Kinds/ Generation of Rights Karl Vask’s division follows the French Revolutions slogans – Liberty Equality
Fraternity
1st Gen of Civil and Political Rights aka 1st gen of liberty rights
o individual rights against the state and are partly seen as negative
o due to the development of democratic society
o serves as the protection of the individuals form arbitrary exercise of police power
o examples
right to life, liberty and security of person
right against torture
right to equal protection against discrimination
right against arbitrary arrest and detention
right to a fair and public hearing by an independent and impartial tribunal
right to be presumed innocent until proven guilty
right to privacy, freedom of opinion and expression
2nd Gen of Economic, Social and Cultural rights aka 2nd generation of equality rights
o people realized that possession of first generation of liberty rights would be valueless
without the enjoyment if economic, social and cultural rights
o struggle against Comlonialism, Socialism and encyclicals of the Pope
o ex
right to work
right to social security
right to form and to join trade unions
right to education
right to rest and leisure
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right to health
right to shelter
3rd Gen Solidarity or Collective rights aka 3rd generation of solidarity rights
o benefits individuals, groups and people
o realization will need global cooperation based on international solidarity
o examples
right to peace
right to development
environmental rights
right of self determination
right to food
rights of women
rights of children
right to humanitarian disaster relief
right to water
Principles
Universality
o rights belong to and are to be enjoyed by all human beings without distinction of any kind,
such as race, color, sex or language, religion, political and other opinion, national or social
origin, property , birth or other stature
o HR belongs to everyone wherever they are because they are human beings endowed with
dignity
o Internationally recognized human rights are the basic core minimum to be observed
everywhere without regional differences
o HR belongs to everyone, everywhere by virtue of being human
o no one, no group, no place in the world should be denied the enjoyment of human rights
Indivisibility and Interdependence
o first generation of liberty rights and second generation of equality rights are inter related
and are co equal in importance
o forms an indivisible whole and only if these rights are guaranteed that an individual can live
decently and in dignity
o international community must treat human rights in equal manner, same footing and same
emphasis
o we cannot enjoy civil and political rights unless we enjoy economic, cultural and social rights
must enjoy economic cultural and social rights (equality) to be able to enjoy civil and
political rights (liberty)
Characteristics
Inherent
o rights are the birthright of all human beings
o exists independently of the will of either individual human being or group
o not obtained and granted through any human action or intervention
o when one is born, he carries with them these rights, they cannot be separated or detached
from him
Inalienable
o no person can deprive any person these rights and no person can repudiate these rights by
himself
o rights cannot be subject of the commerce of man
Universal
o rights belong to every human being no matter what he or she is like
o promotion and protection are the duty of all states, regardless of cultural, economic or
political systems
Stages
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Idealization
o notions about human rights have started in the realm of ideas that reflect a consciousness
against oppression, dehumanization or inadequate performance by the state
Positivization
o support for the ideas become strong
o stage is set to incorporate them in o some legal instrument, whether domestic or
international law
Realization
o last stage where these rights are enjoyed by citizens of the state by transformation of the
social economic and political order
1. MAYOR SIMON, JR., CARLOS QUIMPO, CARLITO ABELARDO, AND GENEROSO OCAMPO, ,
vs.
COMMISSION ON HUMAN RIGHTS, ROQUE FERMO, AND OTHERS AS JOHN DOES,.
FACTS
Quimpo, one of the petitioners, is an Executive Officer of the QC Integrated Hawkers Management
Council under the Office of the City Mayor.
Private respondents are officers and members of the North EDSA Vendors Association Incorporated
(NEVAI).
Quimpo informed NEVAI that their stalls should be removed from the questioned premises to give
way to Peoples Park.
Quimpo later on signeda DEMOLITION NOTICE, which was sent to NEVAI
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o given a grace period of 3 days (until July 12 1990) to vacate the questioned premises of
North EDSA
On July 12 1990, NEVAI, led by their Pres. Fermo filed a complaint with CHR
o NEVAI wanted CHR to write a letter to Mayor Simon to stop the demolition of NEVAI’s stalls,
sari sari stores and carinderia along North EDSA
CHR issued an order in favor of NEVAI
o directing petitioners to desist from demolishing stalls and shanties at North EDSA pending
the resolution of the vendors complaint before the Commission
o ordering petitioners to appear before the HR
July 28 1990, petitioners carried out the demolition and as a result, CHR came out with a resolution
o ordering the disbursement of financial assistance of not more than P200,000.00 in favor of
NEVAI to purchase light housing materials and food under the Commissions supervision
o directed petitioners to desist from further demolition, with warning that violation of order
would lead to a citation for contempt and arrest
Petitioners filed a MOTION TO DISMISS but this was denied.
o questioning CHR’s jurisidiction
o CHR’s authoritiy should be confined only to investigation of violations of civil and political
rights, and that the right allegedly violated in this case is only a privilege to engage in
business.
Petitioners filed a petition for PROHIBITION
o praying for a restraining order and preliminary injunction
o prayed to prohibit CHR from further hearing and investigations
ISSUES
Whether or not CHR has the jurisdiction to investigate alleged violations of the business rights of
private respondents whose stalls were demolished by petitioners at instance and authority given by
the Mayor? NO.
Whether or not the CHR has the authority to issue an order to desist? NO.
HELD - petition GRANTED. The Commission on Human Rights is hereby prohibited from further proceeding
with CHR Case No. 90-1580 and from implementing the P500.00 fine for contempt.
Investigate, on its own or on complaint by any party, all forms of human rights violations involving
civil and political rights
Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof
in accordance with the Rules of Court;
Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid
services to the underprivileged whose human rights have been violated or need protection;
Exercise visitorial powers over jails, prisons, or detention facilities;
Establish a continuing program of research, education, and information to enhance respect for the
primacy of human rights;
Recommend to the Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families
Monitor the Philippine Government's compliance with international treaty obligations on human
rights;
Grant immunity from prosecution to any person whose testimony or whose possession of documents
or other evidence is necessary or convenient to determine the truth in any investigation conducted
by it or under its authority;
Request the assistance of any department, bureau, office, or agency in the performance of its
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functions;
Appoint its officers and employees in accordance with law; and
Perform such other duties and functions as may be provided by law.
Section 18, Article XIII, of the 1987 Constitution - empowers the Commission on Human Rights to
"investigate, on its own or on complaint by any party, all forms of human rights violations involving
civil and political rights"
what are sought to be demolished are the stalls, sari sari sotres and carinderias as well as temporary
shanties, erected by private respondents on a land which is planned to be developed into a "People's
Park".
the land adjoins the North EDSA of Quezon City which is a busy national highway.
The order for the demolition of the stalls, sari-sari stores and carinderia of the private respondents
do not fall within the compartment of "human rights violations involving civil and political rights"
intended by the Constitution.
constitutionally authorized to "adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court."
CHR acted within its authority in providing in its revised rules, its power "to cite or hold any person
in direct or indirect contempt, and to impose the appropriate penalties in accordance with the
procedure and sanctions provided for in the Rules of Court."
That power to cite for contempt should apply only to violations of its adopted operational guidelines
and rules of procedure essential to carry out its investigatorial powers.
power to cite for contempt could be exercised against persons who refuse to cooperate with the said
body, or who unduly withhold relevant information, or who decline to honor summons, and the like,
in pursuing its investigative work.
not investigatorial in character but prescinds from an adjudicative power that it does not possess.
The constitutional provision directing the CHR to "provide for preventive measures and legal aid
services to the underprivileged whose human rights have been violated or need protection" may not
be construed to confer jurisdiction on the Commission to issue a restraining order or writ of
"preventive measures and legal aid services" mentioned in the Constitution refer to extrajudicial and
judicial remedies which the CHR may seek from proper courts on behalf of the victims of human
rights violations.
CHR has no jurisdiction to issue the writ
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o may only be issued "by the judge of any court in which the action is pending
Commission does have legal standing to indorse, for appropriate action, its findings and
recommendations to any appropriate agency of government.
Human Rights
Civil Rights
belong to every citizen of the state or country, or, in wider sense, to all its inhabitants, and are not
connected with the organization or administration of the government.
rights of property, marriage, equal protection of the laws, freedom of contract, etc
rights appertaining to a person by virtue of his citizenship in a state or community.
rights capable of being enforced or redressed in a civil action.
guarantees against involuntary servitude, religious persecution, unreasonable searches and seizures,
and imprisonment for debt.
Political Rights
This is all I have so far with the digest. Gonna try to get the actual case tomorrow through dad’s office
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Facts:
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 readmit.
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.
Issue: Whether or not the petitioner was denied his right to education.
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 the 1987 Constitution and the Universal Declaration of Human Rights. Article XIV,
Sections 1 and 2 and Article II, Sections 13 and 17 of the 1987 Constitution provide:
Article XIV, Section 1: The State shall protect and promote the right of all citizens to quality education at all
levels, and shall take appropriate steps to make such education accessible to all.
Article II, Section 13: The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 17: The State shall give priority to education, science and technology, arts, culture, and sports to
foster patriotism and nationalism, accelerate social progress, and promote total human liberation and
development.
Also since it is the Constitution which granted petitioner the right of education, he may only deprived of such
right with due process of law as stated in Art. III, Sec. 1 of the 1987 Constitution, “No person shall be deprived
of life, liberty, or property without due process of law, nor shall any person be denied equal protection of the
laws.
Facts: The principal plaintiffs are minors duly represented and joined by their parents. They are joined by
Philippine Ecological Network Inc. Plaintiffs are instituting this taxpayer’s class suit “representing their
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generation as well as generations yet unborn” for the sake of the Virgin tropical rainforests. They hope to
cancel all existing timber license agreements in the country and cease and desist from approving the same in
the future. They aver that in order to maintain a balanced and healthful ecology, the country must maintain a
ration of 54% of forest cover. Without it, the resulting environmental tragedies will include water shortage,
salinization of water table, massive erosion, global warming, drought spells…etc. Plaintiffs make these claims
on their constitutional right to a balanced and healthful ecology and on the premise that the timber license
agreements (TLA) are contrary to public policy, violative of their rights to self-preservation, and to conserve
and promote the nation’s cultural heritage and resources.
Issues: Is the complaint presented judicially actionable or does it raise political questions?
Held: It is actionable. The Court finds enough cause of action to show a violation of the claimed rights. They
may thus be granted the reliefs prayed for. What is involved here is the enforcement of a right vis-à-vis
policies already formulated and expressed in legislation. Their personality to sue in behalf of the succeeding
generations can only be based on the concept of intergenerational responsibility insofar as the right to a
balanced and healthful ecology is concerned. This right carries with it the correlative duty to refrain from
impairing the environment. It is the DENR’s duty to protect and advance said right. What is considered here is
the “rhythm and harmony of nature”, indispensably including the judicious disposition, utilization,
management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-
shore areas and other natural resources to the end that their exploration, development and utilization be
equitably accessible to the present and future generations. Even the non-impairment clause for the effectivity
of TLAs must yield to the police power of the state.
entitled to information on matters of public concern and thus are expressly granted access to official records,
as well as documents of official acts, or transactions, or decisions, subject to such limitations imposed by law.
Facts:
7 consolidated cases alleging that President Gloria Macapagal-Arroyo committed grave abuse of
discretion in issuing Presidential Proclamation No. 1017 (PP 1017) and General Order No. 5 (G.O. No.
5),
PP 1017 - declared a state of national emergency
o saying that the Communist insurgents are in a systematic conspiracy to bring down the
government with Magdalo Group and Gen. Lim and Marine Commander Ariel Querubin
(clear and present danger); suppress terrorism and lawless violence
warrantless arrests and take-over of facilities may be done
o During dispersal of the rallyists along EDSA, police arrested (without warrant) petitioner
Randolf S. David, a professor at the University of the Philippines and newspaper columnist.
Also arrested was his companion, Ronald Llamas, president of party-list Akbayan
o At around 12:20 in the early morning of February 25, 2006, operatives of the Criminal
Investigation and Detection Group (CIDG) of the PNP, on the basis of PP 1017 and G.O. No. 5,
raided the Daily Tribune offices in Manila. The raiding team confiscated news stories by
reporters, documents, pictures, and mock-ups of the Saturday issue
PP 1017 is CONSTITUTIONAL as far as the ‘calling out of the military’ to suppress lawless violence.
PP 1017 is UNCONSTITUTIONAL when it comes to promulgating Decrees.
o Only the 2 Howuses of Congress can legislate laws
Warrantless arrests and seizures conducted without proof that they are part of rebellion, lawless
violence, and takeover is UNCONSTITUTIONAL
o It violates the constitutional guarantees of freedom of the press, of speech and of assembly
Ratio Decidendi:
Generally, Congress is the repository of emergency powers. However, knowing that during grave
emergencies. However, the Constitution allows Congress to grant emergency powers to the
President, subject to certain conditions
o There must be a war or other emergency.
o The delegation must be for a limited period only
o The delegation must be subject to such restrictions as the Congress may prescribe.
o The emergency powers must be exercised to carry out a national policy declared by
Congress
Assailed PP 1017 is unconstitutional insofar as it grants President Arroyo the authority to
promulgate “decrees.”
o Legislative power is peculiarly within the province of the Legislature. Sec. 1, Art. VI
categorically states that “the legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives.” To be sure,
neither Martial Law nor a state of rebellion nor a state of emergency can justify President
Arroyo’s exercise of legislative power by issuing decrees
President also cannot call the military to enact laws such as laws on family, corporate laws,
obligations and contracts, etc. Under the PP 1017, she can only call out the military to suppress
lawless violence
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President is authorized to declare a state of national emergency. However, without legislation, she
has no power to take over privately-owned public utility or business affected with public interest.
President has no absolute authority to exercise all the powers of the State under Section 17, Article
VII in the absence of an emergency powers act passed by Congress