I.

Introduction
i. Definition of Human Rights

 Constitutional Provision
 Bill of Rights – Article III of the 1987 Philippine Constitution

1. As Right to Life, Liberty and Security of the Person

o “Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person be
denied the equal protection of the laws.”
2. As Rights of Equality
o Equal protection or equal benefit of the law (Sec 1)
3. As Fundamental Freedom in Political Rights
o Rights to privacy, reputation, and human dignity (Sec 3)
o Freedom of Conscience and Religion (Sec. 5)
o Freedom of thought, belief, opinion and expression (Sec 18)
o Freedom of the press and communication (Sec 4)
o Freedom of association and peaceful assembly (Sec 4, 8)
4. As Mobility Rights
o Right to travel (Sec 6)
5. As Democratic Rights
o Right to participate in public and governmental affairs (Sec 7)
6. As Legal Rights
o Freedom from arbitrary arrest and detention (Sec 15)
o The Protection against unreasonable search and seizure (Sec 2)
o Right to Counsel (Sec 14)
o Right to fair and public trial (Sec 14 par 2)
o Right to a speedy disposition of their cases (Sec 16)
o Presumption of innocence (Sec 14 par 2)
o Right against self – incrimination (Sec 12)
o Right against double jeopardy (Sec 21)

 United Nation’s Definition

 Human rights are generally defined as those rights, which are inherent in
our nature, without which, we cannot live as human beings
 “…Inherent dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, justice and peace in the
world” - Preamble UDHR
II. Theories of Sources of Rights:
1. Religious/Theological Approach
o A basis of human rights theory stemming from a law higher than the state and
whose source is the Supreme Being.
 Human rights are not concessions granted by human institutions or states,
or any international organization as they are God-given rights.
o Central to the doctrines of all religions is the concept of dignity of man as a
consequence of human rights.
 o The divine source gives human beings a high value of worth.
o The belief of a universal common creation means a common humanity and
consequently universal, basic and fundamental rights. And since rights come from
a divine source, they are inalienable and cannot be denied by mortal beings.
o Criticism: Some religions impose so many restrictions on individual freedom;
some religions even tolerate slavery, discrimination against women, and
imposition of the death penalty
2. Natural Law Theory
o Originated from the Stoics and elaborated by Greek philosophers and later by
ancient Roman law jurists.
o Perceives that the conduct of men must always conform to the law of nature.
o Natural law embodies those elementary principles of justice which were right
reason, i.e., in accordance with nature, unalterable, eternal.
o Philosophers:
 Thomas Aquinas – considered natural law as the law of right reason in
accordance with the law of God, commonly known as the scholastic natural
law
 Hugo Grotius – the natural characteristics of human beings are the social
impulse to live peacefully and in harmony with others whatever conformed
to the nature of men as natural human beings was right and just; whatever
is disturbing to social harmony is wrong and unjust
 John Locke – envisioned human beings in a state of nature, where they
enjoyed life, liberty and property which are deemed natural rights
o Became the basis of the natural rights of man against oppressive rulers
o Nuremberg Trials – rationale for finding the Nazis guilty: the crimes committed
were offenses against humanity and there is no need of a law penalizing the acts
3. Positivist Theory/Legal Positivism
o All rights and authority come from the state and what officials have promulgated.
o The only law is what is commanded by the sovereign.
o The source of human rights is to be found only in the enactment of a law with
sanctions attached.
o A right is enjoyed only if it is recognized and protected by legislation promulgated
by the state.
4. Historical Theory
o Advocates that human rights are not deliberate creation or the effort of man but
they have already existed through the common consciousness of the people of what
is right and just.
o Human rights exist through gradual, spontaneous and evolutionary process
without any arbitrary will of any authority.
5. Theory of Marxism
o Emphasizes the interest of society over an individual man’s interest. Individual
freedom is recognized only after the interest of society is served.
o Concerned with economic and social rights over civil or political rights of
community.
 o Referred to as “parental” with the political body providing the guidance in value
choice. But the true choice is the government set by the state
6. Functional/Sociological Approach
o Human rights exist as a means of social control, to serve the social interests of
society.
o Lays emphasis of obtaining a just equilibrium of multifarious interests among
prevailing moral sentiments and the social and economic conditions of the time
and place.
7. Utilitarian Theory
o Seeks to define the notion of rights in terms of tendencies to promote specified
ends such as common good.
o Every human decision was motivated by some calculation of pleasure and pain.
The goal is to promote the greatest happiness of the greatest number.
o Everyone is counted equally, but not treated equally.
o Requires the government to maximize the total net sum of citizens.
o An individual cannot be more important than the entire group. A man cannot
simply live alone in disregard of his impulse to society.
o The composite society of which the individual is a unit has on its own wants, claims
and demands. An act is good only when it takes into consideration the interests of
the society and tends to augment the happiness of the entire community.
8. Theory Based on Dignity of Man/Policy Science Approach
o Human rights means sharing values of all identified policies upon which human
rights depend on.
o The most important values are respect, power, knowledge, health, and security.
o The ultimate goal of this theory is a world community where there is democratic
sharing and distribution of values.
o All available resources are utilized to the maximum and the protection of human
dignity is recognized.
9. Theories of Justice
o Each person possesses inviolability founded on justice.
o The rights secured for justice are not subject to political bargaining or to social
interests.
o Each person has equal rights to the whole system of liberties. There is no justice in
a community where there are social and economic inequalities.
o The general conception of justice is one of fairness and those social primary goods
such as opportunity, income and wealth and self-respect are to be distributed
equally.
10. Theory Based on Equality and Respect of Human Dignity
o The recognition of individual rights in the enjoyment of the basic freedoms such as
freedom of speech, religion, assembly, fair trial and access to courts.
o Governments must treat all their citizens equally. For this purpose, the
government must intervene in order to advance general welfare.
III. Classification of Rights:
According to Source
1. Natural Rights
 God-given rights, acknowledged by everybody to be morally good
 Unwritten, but prevail as norms of the society
2. Constitutional Rights
 Conferred and protected by the Constitution and which cannot be modified or
taken away by the law-making body
3. Statutory Rights
 Those rights which are provided by law promulgated by the law-making body
 May be abolished by the body that created them

According to Recipient
1. Individual Rights
 Accorded to individuals
2. Collective Rights
 Also called “people’s rights” or “solidarity rights”
 Rights of the society, those that can be enjoyed only in company with others

According to Aspect of Life

1. Civil Rights
 Rights which the law will enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of their means of happiness
 Partake of the nature of political rights when they are utilized as a means to
participate in the government
2. Political Rights
 Rights which enable us to participate in running the affairs of the government
either directly or indirectly
3. Economic and Social Rights
 Those which the law confers upon the people to enable them to achieve social and
economic development
4. Cultural Rights
 Rights that ensure the well-being of the individual and foster the preservation,
enrichment, and dynamic evolution of national culture based on the principle of
unity in diversity in a climate of free artistic and intellectual expression.

According to Struggle for Recognition

1. First Generation Rights
 Civil and political rights which derives primarily from the 17 th and 18th centuries’
reformist theories
 Conceives of human rights more in negative (“freedom from”) than positive
(“rights to”) terms
  Favors the abstention rather the intervention of government in the exercise of
freedoms and in the quest for human dignity
2. Second Generation Rights
 Covers economic, social, and cultural rights which find their origin primarily in the
socialist tradition
 Conceives of human rights more in positive terms
 Fundamental claims to social equality
3. Third Generation Rights
 Covers collective rights
4. Fourth Generation
 human rights are rights borne from respect to the digitization of the world
economy and globalization.
 Rights of future generations
 Includes rights that belong to genetic engineering

According to Derogability
1. Absolute or Non-Derogable Rights
 Those that cannot be suspended nor taken away nor restricted/limited even in
extreme emergency and even if the government invokes national security
2. Derogable or Can-Be-Limited Rights
 May be suspended or restricted or limited depending on the circumstances which
call for the preservation of social life
 Must satisfy three requirements for it to be valid:
i. It is provided for by law which is made known to every citizen;
ii. There is a state of emergency which necessitates the urgent preservation of
the public good, public safety, and public moral;
iii. It does not exceed what is strictly necessary to achieve the purpose.

IV. Basic Characteristics of Human Rights:

1. Inherent
 Not granted by any person or authority
2. Fundamental
 Without them, the life and dignity of man will be meaningless
3. Inalienable
 Cannot be rightfully taken away from a free individual
 Cannot be given away or be forfeited
4. Imprescriptible
 Cannot be lost even if man fails to use or assert them, even by a long passage of
time
5. Indivisible
 Not capable of being divided
 Cannot be denied even when other rights have already been enjoyed
6. Universal
 Applies irrespective of one’s origin, status, or condition or place where one lives
  Rights can be enforced without national border
7. Interdependent
 The fulfillment or exercise of one cannot be had without the realization of the other