CHAPTER 1 INTRODUCTION

1.1 Concept and Characteristics of Human Rights

The concept of human rights can be found not only in the United Nations instruments,
constitutional laws, statutes, jurisprudence, and eminent authors’ books but also in the
Christian’s Bible, Muslim’s Quran, and Indian’s Bhagavad-gita.

The Bible commanded the early Christians to “open their mouth for the mute, for the
rights of all who are destitute and judge righteously, defend the rights of the poor and
needy.1 Give justice to the weak and the fatherless; maintain the right of the afflicted
and the destitute.”2

In Quran 5:8, the Muslims are reminded:

O you who have believed, be persistently standing firm for Allah, witnesses in justice, and
do let the hatred of a people prevent you from being just. Be just; that is nearer to
righteousness. And fear Allah; indeed, Allah is Acquainted with what you do.

The Hindus are more precise in their belief by observing the mantra: “By living for
animal pleasures, we violate our human rights.” 3

The United Nations defines human rights as rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language, religion, or any other
status. Human rights include the right to life and liberty, freedom from slavery and
torture, freedom of opinion and expression, the right to work and education, and many
more. Everyone is entitled to these rights, without discrimination.

When the thirteen states of the United States of America seceded from Great Britain in
1776, they proclaimed in their Declaration of Independence that “all men are created
equal, that they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty and the pursuit of Happiness.”

The 1987 Philippine Constitution, otherwise known as the “human rights constitution”,
specifically affirms the State Policy on human rights that the State values the dignity of
every human person and guarantees full respect for human rights. 4 The whole Article

1
Proverbs 31:8-9.
2
Psalm 82:3. 
3
Bhagavad-gita Chapter 7, Text 15.
4
Section 11, Article II, 1987 Philippine Constitution.
XIV of the same Constitution is devoted to Social Justice and Human Rights. It even
created an independent Commission on Human Rights.

This Commission on Human Rights states that human rights are supreme, inherent and
inalienable rights to life, dignity, and self-development. It is the essence of these rights
that makes man human. They are the basic rights which inhere in man by virtue of his
humanity. Human rights are rights that pertain to man simply because he is human.
They are part of his natural birth right, innate and inalienable. 5

Human rights are generally defined as those rights, which are inherent in our nature,
and without which, we cannot live as human beings. They are the rights which human
beings have simply because they are human beings. 6

Jorge R. Coquia, retired Justice of the Court of Appeals and Commissioner of the
Commission on Human Rights, characterized human rights as inherent, fundamental,
inalienable, imprescriptible, indivisible, universal, and interdependent.

He explained that human rights are inherent because they are not granted by any
person or authority. The right to life and the right to dignity as human being are the two
rights intrinsic to human person.

Human rights are fundamental because without human rights, the life and dignity of man
will be meaningless. Right to individual liberty and security of a person and freedom of
thought or religion are rights indispensable to every human being.

Inalienable means that something is inherent, unable to be taken away, and incapable

of being surrendered or transferred. It refers to a natural right that cannot be revoked by
an outside force. Thus, human rights are inalienable because they are inherent; they
cannot be taken away from a free individual and given to another person; and they are
natural rights that cannot be revoked by an outside force. Example is the freedom from
torture.

The word imprescriptible refers to something which cannot be lost even by a long
passage or lapse of time. Freedom of thought, freedom of conscience, and freedom of
religion are imprescriptible rights since they cannot be taken away by prescription as
they exist independently of law or convention.

5
Simon v. CHR, 229 SCRA 117. G. R. No.10050, 1994.
6
Alberto T. Muyot, Philippine Law and Jurisprudence on Human Rights, IHR, UPLC, 1999, p. 2.
The freedom of expression of belief or opinion is a right which cannot be separated. It
cannot be denied even when other rights have already been enjoyed. Such human
rights are indivisible because they are not capable of being divided into equal parts.

Human rights are universal because all peoples have human rights irrespective of their
origin, status or condition or place where they live. Human beings are essentially the
same. The human rights of Africans, Asians, and Latin Americans are the same human
rights of North Americans, Europeans, and Arabs. The rights of indigenous peoples all
over the world are no different from the rights of foreigners or aliens.

Interdependent because the fulfillment of one cannot be had without the realization of
the other. Right to life cannot be realized without the right to work. 7

1.2 Sources of Human Rights Law

The sources of human rights law are international conventions, international custom,
general principles of law, judicial decisions, teachings, and ex aequo et bono Court
decisions.8

International conventions or agreements or treaties, whether general or particular,

establish rules expressly recognized by the contesting states. International custom is
evidence of a general practice accepted as law. The general principles of law before
they can be sources of human rights law must be recognized by civilized nations.

Judicial decisions and teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of law, are also sources of
human rights law. If the parties agree, the Court may decide a case ex aequo et bono
(according to what is equitable and good), provided that the decision of the Court has
no binding force except between the parties and in respect of that particular case. 9

1.3 Nature and Scope of Human Rights Law

Human Rights Law is a system of laws, both domestic and international, which is
intended to promote human rights. It is a set of international rules, established by treaty
or custom, on the basis of which individuals and groups can expect and/or claim certain
behavior or benefits from governments. Human rights are inherent entitlements which
belong to every person as a consequence of being human.

7
Jorge R. Coquia, Human Rights: An Introductory Course. Quezon City: Central Professional Books, Inc., 2000, pp. 4 and 5.
8
Article 38(1) of the Statute of the International Court of Justice (ICJ).
9
Article 59, supra.
All men, women and children are born free, equal and with human dignity and rights.
The rights they are entitled to are enjoyed without any distinction as to race, color, sex,
language, religion, origin and social status. History has shown that as they started to
live in a society, their inherent rights began to be violated by his own fellowmen. 10

But every human being is inviolable. And whatever the circumstances, certain things
ought not to be done to human beings, and certain things ought always to be done for
them11. If there are transgression of their basic rights as human beings such as the right
to life and the right to liberty, who will protect them? And what will happen if the violators
are the protectors themselves like the State?

There is an imperative need then to organize a just society where people live in peace
and harmony. The relationship between the government and the individual must be
clearly defined. In so doing, the nature of human beings and their relationship with each
other are the best means of assuring mutual respect and protection. 12

John Locke, considered to be a natural lawyer, posited that the state of nature is one of
peace, goodwill, mutual assistance and preservation. He stated that the protection of
private rights “assures the protection of the common good because people have the
right to protect themselves and the obligation to respect the same right of others.” 13

However, as the state of nature lacks organization, the people confer power on the
government on the understanding that the government will retain its justification “only if
it protects those natural rights.”14 At bottom, human rights limit state power.15

As human rights is being claimed as the “first universal ideology,” one which now has
world-wide acceptance,16 free and independent states comprising the world body called
the United Nations sat together and deliberated on the various treaties and conventions
on human rights.

10
Coquia, p. 1.
11
Michael J. Perry, The Idea of Human Rights: Four Inquiries. New York: Oxford University Press, 1998.
12
Louise Doswald-Beck and Sylvaine Vite, International Humanitarian Law and Human Rights Law, Offprint from International
Review of the Red Cross, March-April 1993, 7.
13
Supra.
14
Supra.
15
Richard Pierre Claude and Burns H. Weston, eds., Human Rights in the World Community Issues and Action, 2 nd. Edition.
Philadelphia: University of Pennsylvania, 1990, 17.
16
Anthony J. Langlois, The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory. Cambridge University
Press, 2003, 74.
Foremost among these international documents is the United Nations Charter17 which
“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 nations large and small. . .” 18 This
was followed by the Universal Declaration of Human Rights. 19 International Covenant on
Civil
and Political Rights20 and its two (2) Optional Protocols,21 and International Covenant on
Economic, Social and Cultural Rights.22 These are known as the International Bill of
Human Rights.

In addition, there are seven (7) Core International Human Rights Treaties which deal on
specific subject matter such as racial discrimination, 23 discrimination against women24
torture,25 rights of the child,26 rights of migrant workers,27protection of all persons from
enforced disappearance28 and rights of persons with disabilities.29

In the Philippines, human rights law is primarily based on the 1987 Constitution
particularly Section 11 of Article II (Declaration of Principles and State Policy); Sections
1-22 of Article III (Bill of Rights), and Article XIII (Social Justice and Human Rights). On

17
The Charter of the United Nations was signed on 26 June 1945, in San Francisco, California, USA, at the conclusion of the United
Nations Conference on International Organization, and came into force on 24 October 1945.The Statute of the International Court of
Justice is an integral part of the Charter.
18
Preamble, Charter of the United Nations.
19
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948.
20
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966;
entry into force on 23 March 1976.
21
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966
and entered into force on 23 March 1976, the First Optional Protocol adds legal force to the Covenant on Civil and Political Rights
by allowing the Human Rights Commission to investigate and judge complaints of human rights violations from individuals from
signatory countries. The Second Optional Protocol, adopted and proclaimed by General Assembly resolution 44/128 of 15
December 1989, aimed at the abolition of death penalty.
22
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966;
entry into force 3 January 1976.
23
International Convention on the Elimination of all Forms of Racial Discrimination, adopted and opened for signature and
ratification by General Assembly resolution 2106 (XX) of 21 December 1965; entry into force 4 January 1969.
24
Convention on the Elimination of All Forms of Discrimination Against Women, adopted in New York, 18 December 1979 and
opened for signature at the United Nations Headquarters on 1 March 1980; entry into force 3 September 1981.
25
Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature,
ratification and accession by General Assembly resolution 39/46 of 10 December 1984; entry into force 26 June 1987.
26
Convention on the Rights of the Child, adopted and opened for signature, ratification and accession by General Assembly
resolution 44/25 of 20 November 1989; entry into force 2 September 1990.
27
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by
General Assembly resolution 45/158 of 18 December 1990.
28
International Convention for the Protection of All Persons from Enforced Disappearance, not yet in force.
29
Convention on the Rights of Persons With Disabilities, adopted on 13 December 2006 at the United Nations Headquarters in New York,
and was opened for signature on 30 March 2007. The Convention entered into force on 3 May 2008. The Philippines signed the Convention on 25
September 2007 and ratified it on 15 April 2008.
top of these specific provisions is the Preamble which is a “manifestation of the
sovereign will of the Filipino people.”30

1.4 Doctrines of Incorporation and Transformation

The Philippines as a member of the United Nations signed, ratified and acceded to a
number of human rights treaties and conventions. This body of international law had
been incorporated with the domestic (Philippine) law by virtue of a constitutional
provision adopting the generally accepted principles of international law as part of the
law of the land.31 Thus, international law became part of municipal law if it is
incorporated into municipal law.32 This principle is known as the doctrine of
incorporation.33

Under the doctrine of transformation, the provisions of international law are enforceable
in jurisdictions if they are adopted through customary use, court decisions (precedence),
or legislation. International law can become part of municipal law [only] if it is
transformed into domestic law through the appropriate constitutional machinery. 34

These principles that international law is deemed part of the Philippine law by virtue of
both the doctrines of transformation and of incorporation had always been affirmed by
the Supreme Court. In the case of Kuroda v. Jalandoni, 83 Phil. 171, 178 (1949), it was
held that although the Philippines is not a signatory to the Hague Convention and
became a signatory to the Geneva Convention only in 1947, the Philippine Military
Commission had jurisdiction over war crimes committed in violation of the two
conventions prior to 1947.

A detained alien of Russian descent was released on bail pending execution of the
order of deportation citing pertinent provisions of the Universal Declaration of Human
Rights as ruled in Mejoff vs. Director of Prisons, 90 Phil. 70 (1951).

Since the Philippines had ratified the 1968 Vienna Convention on Road Signs and
Signals, the use of the early warning devices (EWD) had been affirmed by the Supreme
Court. The High Tribunal even stretched its arms in establishing a doctrine that the

30
Joaquin G. Bernas, S. J., The 1987 Constitution of the Republic of the Philippines: A Commentary, Rex Book Store, Manila, 2003,
p. 4.
31
Section 2, Article II, 1987 Philippine Constitution. The whole provision follows: “The Philippines renounces war as an instrument
of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations”.
32
Bernas, supra, p. 61.
33
Isagani A. Cruz, Philippine Political Law, Quezon City: Central Lawbook Publishing Co., Inc., 1993, p. 53.
34
Bernas, supra.
principles of international law would apply in the Philippines automatically even without
the Incorporation Clause in the Constitution.35

International law was given life by courts without any need for legislative action as the
principles of international law are deemed part of the law of the land as a condition and
consequence of our admission in the society of nations. 36 And upon admission into
international society, the State is automatically obligated to comply with these
principles.

These doctrines of incorporation and transformation have been reiterated by the

Supreme Court in one case, thus:

Under the 1987 Constitution, international law can become part of the sphere of domestic
law either by transformation or incorporation. The transformation method requires that
an international law be transformed into a domestic law through a constitutional
mechanism such as local legislation. The incorporation method applies when, by mere
constitutional declaration, international law is deemed to have the force of domestic law.

Treaties become part of the law of the land through transformation pursuant to Article
VII, Section 21 of the Constitution which provides that [n]o treaty or international
agreement shall be valid and effective unless concurred in by at least two-thirds of all the
members of the Senate. Thus, treaties or conventional international law must go through
a process prescribed by the Constitution for it to be transformed into municipal law that
can be applied to domestic conflicts.37

The Philippines had entered into several human rights declarations, treaties and
conventions. As an original member of the United Nations, it affixed its signature to the
Charter of the United Nations on 26 June 1945 in San Francisco, California, U. S. A. at
the conclusion of the United Nations Conference on International Organization. It came
into force on 24 October 1945. The Philippines is an original signatory.

The UN Charter, which contains seven articles on human rights, declared in its
Preamble the determination of the UN members “to reaffirm faith in fundamental human
rights and the dignity and worth of human person” and that all human persons have
equal rights. It ushered the enactment of what is now known as the International Bill of
Human Rights (IBHR).

35
U. S. vs. Guinto, 182 SCRA 644 (1990).
36
Holy See vs. Rosario, 238 SCRA 524 (1994).
37
Pharmaceutical and Health Care Association of the Philippines vs. Duque et. al., G. R. No. 173034, 9 October 2007.
The IBHR consists of the Universal Declaration of Human Rights;38 International
Covenant on Economic, Social and Cultural Rights; 39 International Covenant on Civil
and Political Rights;40 Optional Protocol to the International Covenant on Civil and
Political Rights;41 and Second Optional Protocol to the International Covenant on
Civil and Political Rights, Aiming at the Abolition of the Death Penalty. 42

Except the Second Optional Protocol to the International Covenant on Civil and Political
Rights, Aiming at the Abolition of the Death Penalty, all covenants, including the
Universal Declaration of Human Rights, included in the International Bill of Human
Rights had been signed and ratified by the Philippines.43 Hence, they form part of the
domestic law of the Philippines.

There are seven core international human rights treaties. These treaties are
supplemented by optional protocols dealing with specific concerns such as the
International Convention on the Elimination of All Forms of Racial Discrimination;44
Convention on the Elimination of All Forms of Discrimination against Women;45
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;46 Convention on the Rights of the Child;47 International Convention on the
Protection of the Rights of All Migrant Workers and Members of their Families;48
International Convention for the Protection of All Persons from Enforced
Disappearance;49 and Convention on the Rights of Persons with Disabilities.50
38
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948.
39
Adopted on 16 December 1966 by the UN General Assembly. The Philippines signed and ratified it on 19 December 1966 and 7
June 1974, respectively.
40
Adopted on 16 December 1966 by the UN General Assembly. The Philippines signed and ratified it on 19 December 1966 and 23
October 1986, respectively.
41
Adopted on 16 December 1966 by the UN General Assembly. The Philippines signed and ratified it on 19 December 1966 and 22
August 1989, respectively.
42
Adopted on 15 December 1989 by the UN General Assembly. The Philippines signed it on 20 September 2006 but has not ratified
it yet.
43
Bayan vs. Zamora, 342 SCRA 449, 492 (2000).
44
The Convention was adopted by the General Assembly of the United Nations in resolution 2106 (XX) 2 of 21 December 1965.
The Philippines signed and ratified it on 7 March 1966 and 15 September 1967, respectively.
45
Adopted on 18 December 1979 by the UN General Assembly. The Philippines signed and ratified it on 15 July 1980 and 5
August 1981, respectively.
46
The Convention was adopted by resolution 39/46 2 of 10 December 1984 at the thirty-ninth session of the General Assembly of
the United Nations. The Philippines acceded to this Convention on 18 June 1986.
47
The Convention was adopted by resolution 44/25 2 of 20 November 1989 at the Forty-fourth session of the General Assembly of
the United Nations. The Philippines signed and ratified it on 26 January 1990 and 21 August 1990, respectively.
48
The Convention, was adopted by Resolution 45/158 1 of 18 December 1990 at the forty-fifth session of the General Assembly of
the United Nations. The Philippines signed and ratified it on 15 November 1993 and 5 July 1995, respectively.
49
Not yet in force.
50
The Convention on the Rights of Persons with Disabilities and its Optional Protocol (A/RES/61/106) was adopted on 13
December 2006 and was opened for signature on 30 March 2007. It is the first comprehensive human rights treaty of the 21st
century and is the first human rights convention to be open for signature by regional integration organizations. The Convention
The foregoing conventions which were signed, ratified, or acceded 51 to by the
Philippines were incorporated into the municipal law, thus, making the International Bill
of Human Rights and Core International Human Rights Treaties effective throughout the
Philippines, except the Convention on the Protection of All Persons from Enforced
Disappearance52 which was not signed by the Philippines.

The United Nations had aptly put it in a narrative “How Does International Law Protect
Human Rights?”:

International human rights law lays down obligations which States are bound to respect.
By becoming parties to international treaties, States assume obligations and duties under
international law to respect, to protect and to fulfil human rights.  The obligation to respect
means that States must refrain from interfering with or curtailing the enjoyment of human
rights. The obligation to protect requires States to protect individuals and groups against
human rights abuses. The obligation to fulfil means that States must take positive action
to facilitate the enjoyment of basic human rights.

Through ratification of international human rights treaties, Governments undertake to put

into place domestic measures and legislation compatible with their treaty obligations and
duties. The domestic legal system, therefore, provides the principal legal protection of
human rights guaranteed under international law. Where domestic legal proceedings fail
to address human rights abuses, mechanisms and procedures for individual and group
complaints are available at the regional and international levels to help ensure that
international human rights standards are indeed respected, implemented, and enforced at
the local level.53

entered into force on 3 May 2008. The Philippines signed this Convention on 25 September 2007 and was ratified on 15 April 2005.
51
The Philippines resorted to accession to Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment on 18 June 1986 for it was not able to sign the said Instrument. Accession is the act whereby a state accepts the offer
or the opportunity to become a party to a treaty already negotiated and signed by other states.
52
https://treaties.un.org/11.11.20.
53
The Foundation of International Human Rights Law/https://www.un.org/en/sections/universal-declaration/foundation-international-
human-rights-law/index.html/11.11.20.