Professional Documents
Culture Documents
Human Rights Law
Human Rights Law
Basic Charateristics:
inherent, - you have it since you are born
fundamental,
inalienable, - cannot be rightfully taken, example is torture
imprescriptible,
indivisible, - not capable of being divided
universal and – applies to all
interdependent.
Classified to:
A. According to source - natural rights, constitutional rights,
statutory rights
B. According to recipient - individual rights, collective rights
C. According to aspect of life - civil, political, economic,
social, cultural rights
D. According to struggle for recognition - first, second and third
generation rights
E. According to derogability - absolute or non-derogable, derogable
or can-be-limited rights
What are the Sources of human rights?
Natural rights - God-given rights, unwritten, prevail as norms of
society
B. Constitutional rights - conferred and protected by the
Constitution and cannot be modified or taken away by the law-making
body
C. Statutory rights - provided by law promulgated by the law-making
body and may be abolished by the same
CHAPTER II
HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS
What are the circumstances that brought out the concept of human
rights in ancient history?
Rulers were despotic and tyrannical, and citizens rose against the
injustices that they have long suffered
Chapter III
The International Bill of Human Rights
What are the reasons why the reaffirmation of the fundamental human
rights was one of the main objectives of the organization of the
United Nations?
Ans: - Enforce equal human rights; “to reaffirm faith in
fundamental human rights and the dignity and worth of human person”
(UN Chaarter Preamble)
- Recognition and respect of human rights and freedoms not due to
discrimination
- to achieve “universal respect for an observance of human rights
and fundamental freedoms”
* yan yung gist pero baka ipa-enumerate yung articles galing sa
UDHR na minention sa chap 3
What documents compose the International Bill of Human Rights?
Ans: United Nations Charter, Universal Declaration on Human Rights,
International Covenant on Economic, Social and Cultural Rights, and
International Covenant on Civil and Political Rights
Name some of the fundamental human rights ad explain each briefly.
Ans: - Equal Protection of rights - human beings must have equal
rights, no discrimination
- Right to life, liberty and property -
- Right to Privacy - no arbitrary interference with his privacy,
family, home, communications, correspondence
- Freedom of speech, expression and religion - inviolable right to
express one self unless justifiably limited by the government
What international instruments have been adopted to serve as
legally binding treaties on the countries that ratified them?
Ans: International Covenant on Economic, Social and Cultural Rights
and International Covenant on Civil and Political Rights - both
overseen by the UN
What are some of the hindrances or obstacles to the enforcement of
the human rights international instruments?
Ans: - War crimes
- authoritarian regimes headed by dictators
- Art. 2 par. 7 of UN Charter that gives no authority to the UN to
investigate matters happening within the domestic jurisdiction of
the country/nation
What are the remedies to deal in the hindrances or obstacles in the
enforcement of human rights? Cite examples.
Ans: - implementing international treaties as local legislation
Chapter IV
Civil and Political Rights as Applied in the Philippines
CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES
What are the main purposes of the economic rights? Cite examples
and explain.
To promote high standard of living, full enjoyment and conditions
of economic and social progress and development.
How should the State comply with the Covenant on Economic, Social
and Cultural Rights?
By incorporating in their constitution most of the rights
enumerated in the International Covenant in Economic, Social and
Cultural Rights and implementation of it through social
legislation.
CHAPTER VI
HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS
Mention the persons or group of persons who are most vulnerable to
violations of human rights?
1. Women
2. Children
3. Youth
4. Indigenous Cultural Minorities
5. Muslim Population
6. Elderly
7. Disabled People
8. Mentally Disabled People
9. Prisoners and Detainees
10. Internally Displaced People
11. Migrant Workers
13. Urban Poor
14. Refugees and Stateless Persons
15. Laborers (Public, Private and Informal)
16. Rural Workers
17. Peasants and Fishermen
18. Houshelpers
Cite local laws enacted to assist those whose rights are vulnerable
to human rights violations.
1. The Philippine Constitution
The Revised Penal Code
The Labor Code
RA 7610 : Special Protection of Children Against Abuse,
Exploitation and Discrimination Act.
RA9262: Anti-Violence Against Women and Their Children Act of 2004
PD 60: Child and Youth Welfare Code
RA:8353:Anti- Rape Law
RA 8505: Rape victim assistance and Protection Act
RA 9775 : Anti-Child Pornography Act
RA 10175: Cyber Crime Prevention Act
RA 9995: Anti-Photo and Video Voyeurism Act
RA 9208: The Anti-Trafficking in Persons Act of 2003
Rules of the protection for Non-Combatants under Protocol I,
Protection of victims of non-international armed conflicts
RA 9344: Juvenile Justice and Welfare Act of 2006.
RA 7658: An Act Prohibiting the employment of Children below 15
years of age,
RA: 9231: An Act providing for Elimination of the worst Forms of
Child Labor and affording Stronger Protection for the Working
Child
RA 10361: Domestic Workers Act or Batas Kasambahay
RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS
THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995
CHAPTER VII
DISCRIMINATION
Women
“The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and
men” (Art. II, Sec. 14)
Religious Test
“No religious test shall be required for the exercise of civil or
political rights” (Art III, Sec. 5)
6. What particular groups of persons are usually discriminated
against? Why?
Groups that are usually discriminated are women, children,
cultural minorities, poor people and other vulnerable sectors. It
is because they are the groups who lack knowledge about their
rights. They are perceived to be weak that doesn’t have the
capacity to fight for their rights.
7. What is meant by religious discrimination? Give examples.
Declaration on All Forms of Intolerance and of Discrimination
Based on Religion or Beliefs provides that in religious
discrimination, everyone should have the freedom of thought,
conscience and religion, that no one should be subjected to
coercion, which would impair his/her freedom to have a religion or
belief of his/her own choice.
EXAMPLE:
Religious test in the exercise of civil or political rights
Impediment to marriage on account of religion
Refusal to admit student on account of religion
8. Have you observed in your community any form of discrimination?
Cite concrete examples and state why you consider them
discrimination.
Assistance given to poor people in government agencies, public
offices (NBI, NSO, LTO, etc,.)
ETC.
9. In what ways are the economically disadvantaged discriminated?
Economically disadvantaged do not enjoy equal opportunities on the
availment of government services and resources. In spite of the
Land Reform Law, majority are still landless, suffering from the
landlord-tenancy relationship. Poor people are discriminated
against in many ways.
Chapter VIII
The Role of Non Governmental Organizations in the Promotion and
Protection of Human Rights
Chapter IX
HUMAN RIGHTS EDUCATION
Chapter X
REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS , TREATIES AND LAW
(10) Appoint its officers and employees in accordance with law; and
Jurisdiction
It cannot take up a case on its own initiative. Notably, the
person, group or non-governmental organization submitting the
complaint (“the applicant”) does not have to be a citizen of a
State Party.
However, complaints submitted to the Court must concern violations
of the Convention allegedly committed by a State Party to the
Convention and that directly and significantly affected the
applicant. As of March 2014, 47 States have ratified the
Convention. Some of these States have also ratified one or more of
the Additional Protocols to the Convention, which protect
additional rights.
To submit a complaint, an application form which is available
online must be filled out in its entirety and copies of all
relevant documents must be included along with the application,
which must be submitted by postal mail.
Friendly Settlement
Prior to a decision on the merits, the Court will try to facilitate
the arrangement of a friendly settlement. If a friendly settlement
cannot be reached, the Court will then deliver a judgment on the
merits. In instances where the Chamber hearing the case decides to
issue an admissibility decision in conjunction with a judgment on
the merits, then the Parties may include information about friendly
settlements in the observation they submit to the Court.
Interim Measures
In exceptional cases, the Court may grant applicants “interim
measures,” which are designed to protect the applicant from further
harm while the case proceeds before the Court. Requests for interim
measures are only granted when there is an imminent risk of
irreparable harm such as death or torture. They are most often
granted in extradition and deportation cases.
47 Member States
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Republic of Moldova
Monaco
Montenegro
Albania
Andorra
Armenia
Austria
Azerbaijan
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
San Marino
Serbia
Slovak Republic
Slovenia
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Local Remedies in the Philippines
1. Commission on Human Rights (ART. XIII)
CHR Composed of:
Chairman
4 Members
Qualifications:
Natural-born citizen
Majority must be members of the Bar
Others provided by law
Powers & Functions:
Investigate violations of human rights
including civil and political rights. (Cariño v CHR)
Adopt operational guidelines
Provide appropriate legal measures for all persons within
Philippinesas well as Filipinos residing abroad.
Visitorialpowers over jails
Establish continuing program of research on human rights
Recommend to Congress effective measures of promotion of HR (EPZA v
CHR)
Monitor Government’s compliance
Grant immunity from prosecution
Request assistance from any agency
Appoint its officers
Perform other functions
Impact or Significance:
Forms part of customary international law
Cause Government to rethink/rewrite Constitution and acknowledge
the rights laid down by the UDHR
Adoption of International Covenants which are binding
International Agreements / Major Treaties or Convention
Reference of several laws and statutes across nations
ARTICLE III
BILL OF RIGHTS
PROTECTED RIGHTS
Right to life
The constitutional protection of the right to life is not just a
protection of the right to be alive or to the security of one’s
limb against physical harm. The right to life is the right to a
good life.
Right to property
Protected property includes all kinds of property found in the
Civil Code.
SECTION 10 – CONTRACTS
** Not all impairment of the substance of a contract violates the
Constitution. A valid exercise of police power is superior to the
obligation of contracts.
** The government cannot prejudice private rights without due
process.