Hinanay, Grace Anne Nicole R.

11687835

Human Rights in Supreme Court Cases

BRIGIDO R. SIMON, JR., CARLOS QUIMPO, CARLITO ABELARDO, AND

GENEROSO OCAMPO, vs. COMMISSION ON HUMAN RIGHTS, ROQUE FERMO,
AND OTHERS AS JOHN DOES
G.R. No. 100150 January 5, 1994

Human rights are the basic rights which inhere in man by virtue of his humanity. They are
the same in all parts of the world, whether the Philippines or England, Kenya or the Soviet
Union, the United States or Japan, Kenya or Indonesia.

Human rights include civil rights, such as the right to life, liberty, and property; freedom of
speech, of the press, of religion, academic freedom, and the rights of the accused to due
process of law; political rights, such as the right to elect public officials, to be elected to
public office, and to form political associations and engage in politics; and social rights,
such as the right to an education, employment, and social services.

Human rights are the entitlement that inhere in the individual person from the sheer fact
of his humanity. . . . Because they are inherent, human rights are not granted by the State
but can only be recognized and protected by it.

(Human rights include all) the civil, political, economic, social, and cultural rights defined
in the Universal Declaration of Human Rights.

Human rights are rights that pertain to man simply because he is human. They are part
of his natural birth, right, innate and inalienable.

The Universal Declaration of Human Rights, as well as, or more specifically, the
International Covenant on Economic, Social and Cultural Rights and International
Covenant on Civil and Political Rights, suggests that the scope of human rights can be
understood to include those that relate to an individual's social, economic, cultural,
political and civil relations. It thus seems to closely identify the term to the universally
accepted traits and attributes of an individual, along with what is generally considered to
be his inherent and inalienable rights, encompassing almost all aspects of life.

ANG LADLAD LGBT PARTY G.R. No. 190582 represented herein by its Chair,
DANTON REMOTO, Petitioner. COMMISSION ON ELECTIONS, Promulgated: April
8. 2010

Using even the most liberal of lenses, these Yogyakarta Principles, consisting of a
declaration formulated by various international law professors, are – at best – de lege
ferenda – and do not constitute binding obligations on the Philippines. Indeed, so much
of contemporary international law is characterized by the “soft law” nomenclature, i.e.,
international law is full of principles that promote international cooperation, harmony, and
respect for human rights, most of which amount to no more than well-meaning desires,
without the support of either State practice or opinio juris. As a final note, we cannot help
but observe that the social issues presented by this case are emotionally charged,
societal attitudes are in flux, even the psychiatric and religious communities are divided
in opinion. This Court’s role is not to impose its own view of acceptable behavior. Rather,
it is to apply the Constitution and laws as best as it can, uninfluenced by public opinion,
and confident in the knowledge that our democracy is resilient enough to withstand
vigorous debate.

G.R. No. 96681 December 2, 1991 HON. ISIDRO CARIÑO, in his capacity as
Secretary of the Department of Education, Culture & Sports, DR. ERLINDA
LOLARGA, in her capacity as Superintendent of City Schools of Manila,
vs. THE COMMISSION ON HUMAN RIGHTS, GRACIANO BUDOY, JULIETA
BABARAN, ELSA IBABAO, HELEN LUPO, AMPARO GONZALES, LUZ DEL
CASTILLO, ELSA REYES and APOLINARIO ESBER,

This case enumerated the power of the Commission on Human Rights. The CHR is not
a court of justice nor even a quasi-judicial body.

The Constitution clearly and categorically grants to the Commission the power
to investigate all forms of human rights violations involving civil and political rights. It can
exercise that power on its own initiative or on complaint of any person. It may exercise
that power pursuant to such rules of procedure as it may adopt and, in cases of violations
of said rules, cite for contempt in accordance with the Rules of Court. In the course of any
investigation conducted by it or under its authority, it may 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. It may also request the assistance of any
department, bureau, office, or agency in the performance of its functions, in the conduct
of its investigation or in extending such remedy as may be required by its findings.