International and Philippine Human Rights and Freedoms

INTERNATIONAL AND PHILIPPINE HUMAN RIGHTS AND FREEDOMS
I. Fundamental Principles and Concepts in Human Rights
A. Definition of Human Rights
Meaning of human rights
Such question is usually the point of discussion in various public forums, whether in the
academe, media, parliament, judiciary, and even in digital spheres. Many would lay down
their own definition of human rights based on their daily experiences, educational
exposure or media consumption. However, there are also those who are either unaware or
apathetic of our rights and the ways we can uphold them.
Today, we would see that, some Filipinos think that the matter of human rights is
confined to governmental mandates, or that it is a political concept that is a responsibility
only of particular sectors in our society; others embrace it as a great cause and morally
justified calls for rectifying injustices; while there are also few who welcome the idea
with such hostility.
Despite the varying views of Filipinos on human rights we hear today, or the lack of it by
some, one thing is clear: Human rights are rights that are inherent to all human beings,
regardless of nationality, place of residence, sex, social station, national or ethnic origin,
color, religion, language, or any other status. It is the criterion that allows every person to
live a life of dignity, equality, freedom, justice and peace. People possess these rights
simply because of their humanity.
In the words of the late senator Jose W. Diokno, “Human rights are more than legal
concepts, they are essence of man. They are what make man human. That is why they are
called human rights: deny them and you deny man’s humanity.” (Diokno, 2006).
Thus, human rights are beyond the concepts and legal provisions we see in our academic
or legal textbooks. The purpose of human rights and the ultimate justification for their
existence consist in their status as prerequisites for human agency. (Fagan, 2009). It is the
foundation of freedom, justice and equality that all individuals and government entities
shall enjoy and strive to attain.
Attributes of human rights
It is well to note that human rights are inherent, universal, indivisible, inalienable,
interrelated and interdependent:
1. Inherent – Human rights are not conferred to by the State or any other authority. It
springs from our very existence as human persons. These are rights all human
persons are entitled to because of being a member of the human family. Human
rights are anchored on the recognition of the inherent dignity and value of every
individual as further solidified by international covenants that “these rights derive
from the inherent dignity of the human person.” (ICCPR, 1966).
2. Universal – Human rights are entitlements and freedoms possessed equally by all
people around the world. Its applicability is universal in the sense that it does not
discriminate as to race, religion, sex, disability, political beliefs, age, and social
status. This is affirmed by the proclamation of the Universal Declaration of
Human Rights “that everyone is entitled to all the rights and freedoms set forth
therein, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or
other status.” (Art. 2, UDHR, 1948).
3. Inalienable – Human rights are inalienable because they spring from the very fact
of human existence, and thus, cannot be removed by any external factors. So long
an individual is a human, he or she is a holder of human rights for “one cannot
stop being human, no matter how badly one behaves or how barbarously one is
treated.” (Donnely, 2013).
4. Indivisible, Interrelated and Interdependent – Human rights, albeit different as to

their nature and application, are interrelated and interdependent with one another.
These rights cannot be viewed and treated in isolation from each other. One
cannot completely enjoy a particular right in deprivation of many other rights.
Each right must operate hand in hand with all the other rights in order to achieve
the full protection and flourishing of the human person and his or her dignity.
This is confirmed by the Banjul Charter, stating “civil and political rights cannot
be dissociated from economic, social and cultural rights in their conception as
well as universality and that the satisfaction of economic, social and cultural
rights is a guarantee for the enjoyment of civil and political rights.” (Banjul
Charter, 1986).
B. Importance of Human Rights
In the present, we have seen both in the international and local news countless gross
violations of human rights around the world. Such violations are often committed by
private individuals or sponsored by the State itself. The broad defiance of rule of law,
criminal procedure, and fair judicial proceedings has resulted to thousands, if not more,
violations of human rights or deprivation of liberty, particularly of the poor. We have
found ourselves in an environment where the value of human life and dignity has been
reduced to the extent that deaths caused by human rights violations have been viewed as
mere numbers in statistics.
This culture of violence has been and will continue to perpetuate if the respect and
advancement of human rights has completely lost its place in the consciousness of both
government and private citizens. For human rights exist to regulate the relationship
between government and individuals under their jurisdiction in every aspect of ordinary
life. (Provost, 2004). Worse, the lack of understanding of the importance of human rights
leads to the normalization of culture of impunity.
From these depictions of our grim reality, we can infer that human rights set the
minimum yardstick necessary for all people to live with dignity. Human rights accord us
the equal protection of laws, protection from illegal arrest, freedom to express ourselves,
shield from torture – rights enshrined in our 1987 Constitution and the Universal
Declaration of Human Rights. Moreover, such rights give us the means and opportunities
necessary to satisfy our basic needs in order to live life fully such as food, housing, and
education. Human rights guarantee us the protection of life, liberty, property, and security
– without which we are left defenseless and powerless against potential threats and
abuses especially by oppressors. It is what allows us to live in a truly harmonious and
peaceful society.
C. Classifications of Human Rights: Civil, Political, Economic, Social and

Cultural
There are three classifications of human rights, namely: first, civil rights and political
rights; second, economic, social and cultural rights; and, third, solidarity rights.
Civil and political rights uphold the sanctity of the individual before the law and
guarantee his or her ability to participate freely in civil, economic, and political society.
(Landman, 2005). Civil rights, also known as civil liberties, are rights which an
individual citizen may personally invoke against the State. In the same sense, these are
the rights which limit the power of the latter with respect to the former. (Villasis, 2020).
These rights include prohibition against searches and seizures, right to due process of
law, the right to equality before the law, to name a few. On the other hand, political
rights, also called as participatory rights, are those which guarantee a citizen the authority
to participate in the running of the affairs of the government. (Villasis, 2020). Examples
of these are the right to speech and expression, right to assembly and association, and the
right to vote.
Economic, social and cultural rights are positive rights are perceived as requiring the
(re)distribution of resources by the State. (Merali & Oosterveld, 2021). These rights
demand from the State particular services and fulfillment of the people’s needs which
include adequate food, clothing, housing, medical care, education, right to work, leisure,
fair wages, decent working conditions, social security, protection of their families as
integral part of the right to life. (Beitz, 2009).
Lastly, solidarity rights are newly emerging transnational rights that cover the right to
development, right to peace, right to clean environment, right to held promote policies for
sustainable development, and so forth. These rights are progressive, in the sense that they
respond to the appalling effects of globalization. They are the reflection of the relative
effectiveness of ‘green’ political ideology and social mobilization around concerns for
the health of the planet. (Landman, 2005). The civil and political rights reflect rights of
freedom; the economic, social and cultural rights are ones of equality and the solidarity
rights demonstrate fraternity and solidarity.
D. Activity
1. What are human rights for you?
2. Why is it crucial that everyone must be aware of human rights?
3. Are the three classifications of human rights inter-linked? Why or why not?
4. What do you think of the proverb, “Every right implies a responsibility”?
5. Give examples of your own personal rights and responsibilities.
- For each right, what is the corresponding responsibility that matches with that
right?
- Ideally express these statements of rights and responsibilities in the first
person.
- Lists the rights in one column and the corresponding responsibility in the
other. The table below is an example:
RIGHT RESPONSIBILITY
Right to clean water Responsibility to take care of the
environment
To vote for local and national government To be informed and to vote

officials
II. State Obligation to Protect and Enforce Human Rights
A. The State as the Duty-Bearers
Promote, protect, and fulfill human rights!
The State and its citizens are in social contract with each other. This social contract
dictates that citizens are obligated to recognize and obey the authority of the State as the
entity that governs them. In return, the State likewise has the duty to acknowledge and
guarantee the inherent and inalienable rights of people. Hence, through this contract, the
obligation to protect, promote and ensure the enjoyment of human rights is the prime
responsibility of a State, thereby conferring on a State responsibility for the human rights
of individuals. (OHCHR, 2000).
The State must ensure that human rights are respected by not interfering with people’s
exercise of their rights. It respects human rights if it views and treats people as morally
entitled to be treated with dignity and value. To live with dignity is to freely live one’s
own life according to his or her aspirations and goals, without fear of being harassed or
harmed. Further, the State’s respect for human rights reflect in their cultivation of
environment where everyone has equal access to adequate social services and share in
natural resources. The obligation to respect prohibits the state from acting in
contravention of recognized rights and freedoms, interfering with or constraining the
exercise of such rights and freedoms. (Benedek, 2006).
The State must ensure that human rights are protected by enforcing measures to prevent
its violations against individuals within their territories, prosecuting violators, and by
providing legal remedies for people whose rights are violated. It protects human rights if
it encourages people and creates opportunities for them to be educated about human
rights and the importance of advancing human rights in democratic society governed by
laws. The obligation to protect requires states to take steps through legislation or by other
means to prevent and prohibit the violation of individual rights and freedoms by third
persons. (Benedek, 2006).
The State must ensure that human rights are fulfilled by facilitating its full enjoyment
through accessible and high-quality education, creating employment opportunities to
eradicate poverty, and by funding public assistance programs to address hunger. The
obligation to fulfill means the obligation of the progressive realization of such rights.
(Benedek, 2006).
Since the protected of these rights are surrendered to the State, any deprivation of human
rights by reason of the State’s action or inaction may hold it accountable. (Petralba,
2013).
B. Legitimate Limitations on Human Rights
It is well to note that human rights may “be subject only to such limitations as are
determined by law solely for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just requirements of morality, public
order and the general welfare in a democratic society.” (Art. 29, UDHR, 1948) In
exercising one’s own rights and freedoms, people shall also respect the rights and
freedoms of others. Hence, human rights may be legitimately restricted by the State
through its police power. Police power is defined as the “state authority to enact
legislation that may interfere with personal liberty or property in order to promote the
general welfare.” The principal aim of exercising police power is to protect the general
welfare from danger or moral threats.
For instance, in certain circumstances, it may be necessary to restrict the public’s right to
know and keep classified information secret to protect legitimate national security
interests. In both international and domestic spheres, national security has been
recognized as a valid ground or justification to limit or suspend rights or obligations.
(Chavez v. PCGG, G.R. No. 130716, December 9, 1998). Even the ICCPR allows
derogation and limitation to certain fundamental human rights on the basis of national
security. (Articles 12, 13, 14, 19, and 21 of the ICCPR, 1966).
Finally, human rights must not be used to abuse other human rights. Thus, all conflicts
must be solved while respecting human rights and placing the human person at the core
even at times of public emergency or national crisis. (Benedek, 2006).
C. State Actors and Non-State Actors with Regard to Human Rights
State actors are individuals or entities acting in pursuant to governmental authority such
as officials of executive department and officers of law enforcement agencies. These are
individuals who are duty bound to enforce the law. In view of this definition, members of
the Congress are not considered as state agents as far as human rights are concerned.
Only officials or members belonging in the executive department as well as those in law
enforcement agencies, by virtue of their function to execute laws, fall within this
description. Thus, all cases of “police brutality” – which refers to beatings, unlawful
killings, torture, or indiscriminate use of riot control by police – should be subject to an
independent, impartial and transparent investigation and if the evidence is sufficient to
prove that the act was unlawful or an abuse of authority, the police responsible should be
criminally prosecuted.
Meanwhile, non-state actors are independent from and do not represent the government.
It includes, amongst others, nongovernmental organizations (NGOs), churches, academic
institutions, transnational corporations, and even liberation movements and armed
groups. Likewise, these individuals and organizations can commit human rights
violations and can be held accountable for such. (Petralba, 2013).
It is worth remarking that the State is not under compulsion to secure every individual in
his or her private premises. The State cannot, at all times, interfere in the affairs of
private individuals and the lawful rules placed by the latter within their private premises.
And so, the State cannot be held accountable of human rights abuses committed by non-
state actors or private individuals. The duty of the State in relation to this is only to the
extent of rendering punishment to private individuals who committed violations of
human rights by conducting an independent, impartial, and transparent investigation,
prosecution, trial, and judgment.
Be that as it may, it remains the duty of the State to protect human rights by seeing to it
that private entities or individuals, over which the State exercises jurisdiction, do not
trample upon the basic rights and fundamental freedoms of other members of society
through the creation of laws and by making available judicial reliefs to victims of human
rights violations.
III. The International Bill of Human Rights
A. Human Rights and the United Nations
The United Nations is an international organization whose members include almost every
country around the globe. It is provides a forum for world’s leaders to convene together,
discuss global concerns, and formulate solutions that benefit all of humanity. One of the
principal purposes of the United Nations, as set out in the United Nations Charter, is to
promote and encourage respect for human rights and fundamental freedoms for all
without distinction as to race, sex, language, or religion. (OHCHR, 2000). Thus, a State
member is legally bound to fulfill its obligations on the advancement of human rights and
fundamental freedoms set forth in the said Charter. In pursuant to this objective, it created
a plethora of human rights laws and international covenants such as Universal
Declaration of Human Rights, the International Covenant on Civil and Political Rights,
and the International Covenant on Economic, Social and Cultural Rights.
Indeed, in an age that has seen international law evolve geometrically in scope and
promise, international human rights law, in particular, has grown dynamically in its
attempt to bring about a more just and humane world order. For individuals and groups
struggling with inadequate structural and governmental support, international human
rights norms are particularly significant, and should be effectively enforced in domestic
legal systems so that such norms may become actual, rather than ideal, standards of
conduct.
B. Universal Declaration of Human Rights (UDHR)
Binding effect of the UDHR to the Philippine human rights law
The Universal Declaration of Human Rights (UDHR) is the recognition of the inherent
dignity of every human person as the foundation of freedom, justice and world peace. It
outlines the fundamental rights and freedoms that all people around the globe are entitled,
without distinction of any kind. (OHCHR, 2000). The principles contained in the said
Declaration are now recognized as customarily binding upon the members of the
international community. (Government of Hong Kong Special Administrative Region,
Represented by the Philippine Department Of Justice v. Hon. Felixberto T. Olalia, Jr. and
Juan Antonio Muñoz, G.R. No. 153675, April 19, 2007). Thus, the Philippines
acknowledged the Declaration as having direct legal effect and binding force to our legal
system.
Rights Guaranteed under the UDHR
The UDHR has guaranteed the following standards of basic rights and freedoms by
which states are encouraged to adhere. (UDHR, 1948). Hence, states that systematically
infringe or disregard the human rights of their citizens violate both their international
legal obligations and their moral and legal obligations to their citizens. (Donnely, 2013).
Article 1 Article 2 Article 3
All human beings are born Everyone is entitled to all Everyone has the right to
free and equal in dignity the rights and freedoms set life, liberty and the security
and rights. They are forth in this Declaration, of person.
endowed with reason and without distinction of any
conscience and should act kind, such as race, colour,
towards one another in a sex, language, religion,
spirit of brotherhood. political or other opinion,
national or social origin,
property, birth or other
status.
Furthermore, no distinction
shall be made on the basis
of the political,
jurisdictional or
international status of the
country or territory to which
a person belongs, whether
it be independent, trust,
non-self-governing or under
any other limitation of
sovereignty.
No one shall be held in No one shall be subjected to Everyone has the right to
slavery or servitude; slavery torture or to cruel, inhuman recognition everywhere as a
and the slave trade shall be or degrading treatment or person before the law.
prohibited in all their forms. punishment.
All are equal before the law Everyone has the right to an No one shall be subjected to
and are entitled without any effective remedy by the arbitrary arrest, detention or
discrimination to equal competent national tribunals exile.
protection of the law. All for acts violating the
are entitled to equal fundamental rights granted
protection against any him by the constitution or
discrimination in violation by law.
of this Declaration and
against any incitement to
such discrimination.
Everyone is entitled in full 1. Everyone charged with a No one shall be subjected to

equality to a fair and public penal offence has the right arbitrary interference with
hearing by an independent to be presumed innocent his privacy, family, home or
and impartial tribunal, in until proved guilty correspondence, nor to
the determination of his according to law in a public attacks upon his honour and
rights and obligations and trial at which he has had all reputation. Everyone has
of any criminal charge the guarantees necessary for the right to the protection of
against him. his defense. the law against such
interference or attacks.
2. No one shall be held
guilty of any penal offence
on account of any act or
omission which did not
constitute a penal offence,
under national or
international law, at the
time when it was
committed. Nor shall a
heavier penalty be imposed
than the one that was
applicable at the time the
penal offence was
committed.
1. Everyone has the right to 1. Everyone has the right to 1. Everyone has the right to
freedom of movement and seek and to enjoy in other a nationality.
residence within the borders countries asylum from
of each State. persecution. 2. No one shall be
arbitrarily deprived of his
2. Everyone has the right to 2. This right may not be nationality nor denied the
leave any country, including invoked in the case of right to change his
his own, and to return to his prosecutions genuinely nationality.
country. arising from non-political
crimes or from acts contrary
to the purposes and
principles of the United
Nations.
1. Men and women of full 1. Everyone has the right to Everyone has the right to
age, without any limitation own property alone as well freedom of thought,
due to race, nationality or as in association with conscience and religion;
religion, have the right to others. this right includes freedom
marry and to found a to change his religion or
family. They are entitled to 2. No one shall be belief, and freedom, either
equal rights as to marriage, arbitrarily deprived of his alone or in community with
during marriage and at its property. others and in public or
dissolution. private, to manifest his
religion or belief in
2. Marriage shall be entered teaching, practice, worship
into only with the free and and observance.
full consent of the
intending spouses.
3. The family is the natural

and fundamental group unit
of society and is entitled to
protection by society and
the State.
Everyone has the right to 1. Everyone has the right to 1. Everyone has the right to
freedom of opinion and freedom of peaceful take part in the government
expression; this right assembly and association. of his country, directly or
includes freedom to hold through freely chosen
opinions without 2. No one may be representatives.
interference and to seek, compelled to belong to an
receive and impart association. 2. Everyone has the right of
information and ideas equal access to public
through any media and service in his country.
regardless of frontiers.
3. The will of the people
shall be the basis of the
authority of government;
this will shall be expressed
in periodic and genuine
elections which shall be by
universal and equal suffrage
and shall be held by secret
vote or by equivalent free
voting procedures.
Everyone, as a member of 1. Everyone has the right to Everyone has the right to
society, has the right to work, to free choice of rest and leisure, including
social security and is employment, to just and reasonable limitation of
entitled to realization, favourable conditions of working hours and periodic
through national effort and work and to protection holidays with pay.
international cooperation against unemployment.
and in accordance with the
organization and resources 2. Everyone, without any
of each State, of the discrimination, has the right
economic, social and to equal pay for equal work.
cultural rights indispensable
3. Everyone who works has
for his dignity and the free
the right to just and
development of his
favourable remuneration
personality.
ensuring for himself and his
family an existence worthy
of human dignity, and
supplemented, if necessary,
by other means of social
protection.
4. Everyone has the right to

form and to join trade
unions for the protection of
his interests.
1. Everyone has the right to 1. Everyone has the right to 1. Everyone has the right
a standard of living education. Education shall freely to participate in the
adequate for the health and be free, at least in the cultural life of the
well-being of himself and of elementary and fundamental community, to enjoy the
his family, including food, stages. Elementary arts and to share in
clothing, housing and education shall be scientific advancement and
medical care and necessary compulsory. Technical and its benefits.
social services, and the right professional education shall
to security in the event of be made generally available 2. Everyone has the right to
unemployment, sickness, and higher education shall the protection of the moral
disability, widowhood, old be equally accessible to all and material interests
age or other lack of resulting from any
livelihood in circumstances on the basis of merit. scientific, literary or artistic
beyond his control. production of which he is
2. Education shall be the author.
2. Motherhood and directed to the full
childhood are entitled to development of the human
special care and assistance. personality and to the
All children, whether born strengthening of respect for
in or out of wedlock, shall human rights and
enjoy the same social fundamental freedoms. It
protection. shall promote
understanding, tolerance
and friendship among all
nations, racial or religious
groups, and shall further the
activities of the United
Nations for the maintenance
of peace.
3. Parents have a prior right

to choose the kind of
education that shall be
given to their children.
Everyone is entitled to a 1. Everyone has duties to Nothing in this Declaration

social and international the community in which may be interpreted as
order in which the rights alone the free and full implying for any State,
and freedoms set forth in development of his group or person any right to
this Declaration can be fully personality is possible. engage in any activity or to
realized. perform any act aimed at
2. In the exercise of his the destruction of any of the
rights and freedoms, rights and freedoms set
everyone shall be subject forth herein.
only to such limitations as
are determined by law
solely for the purpose of
securing due recognition
and respect for the rights
and freedoms of others and
of meeting the just
requirements of morality,
public order and the general
welfare in a democratic
society.
3. These rights and

freedoms may in no case be
exercised contrary to the
purposes and principles of
the United Nations.
C. International Covenant on Civil and Political Rights (ICCPR)
ICCPR as part of the Philippine human rights law
The International Covenant on Civil and Political Rights addresses the State’s traditional
responsibilities for administering justice and maintaining the rule of law. In fulfilling
these responsibilities, States must ensure that human rights are upheld, not only those of
the victim but also those of the accused. (OHCHR, 2000). As a state party to the ICCPR,
the Philippines is therefore bound at present to act in compliance with the obligations
stated therein. (Concurring Opinion of Chief Justice Sereno in Mary Grace Natividad S.
Poe-Llamanzares v. COMELEC and Estrella C. Elamparo, G. R. No. 221697; and Mary
Grace Natividad S. Poe-Llamanzares v. COMELEC, Francisco S. Tatad, Antonio P.
Contreras and Amado D. Valdez, G. R. No. 221698-700, March 8, 2016).
Substantive Rights in the ICCPR
1. All peoples have the 1. Each State Party to the The States Parties to the
right of self- present Covenant present Covenant
determination. By virtue undertakes to respect and undertake to ensure the
of that right they freely to ensure to all equal right of men and
determine their political individuals within its women to the enjoyment
status and freely pursue territory and subject to its of all civil and political
their economic, social jurisdiction the rights rights set forth in the
and cultural development. recognized in the present present Covenant.
Covenant, without
2. All peoples may, for distinction of any kind,
their own ends, freely such as race, colour, sex,
dispose of their natural language, religion,
wealth and resources political or other opinion,
without prejudice to any national or social origin,
obligations arising out of property, birth or other
international economic status.
cooperation, based upon
the principle of mutual 2. Where not already
benefit, and international provided for by existing
law. In no case may a legislative or other
people be deprived of its measures, each State
own means of Party to the present
subsistence. Covenant undertakes to
take the necessary steps,
3. The States Parties to in accordance with its
the present Covenant, constitutional processes
including those having and with the provisions
responsibility for the of the present Covenant,
administration of Non- to adopt such legislative
Self-Governing and Trust or other measures as may
Territories, shall promote be necessary to give
the realization of the right effect to the rights
of self-determination, and recognized in the pre-
shall respect that right, in sent Covenant.
conformity with the
provisions of the Charter 3. Each State Party to the
of the United Nations. present Covenant
undertakes:
(a) To ensure that any

person whose rights or
freedoms as herein
recognized are violated
shall have an effective
remedy, notwithstanding
that the violation has
been committed by
persons acting in an
official capacity;
(b) To ensure that any

person claiming such a
remedy shall have his
right thereto determined
by competent judicial,
administrative or
legislative authorities, or
by any other competent
authority provided for by
the legal system of the
State, and to develop the
possibilities of judicial
remedy;
(c) To ensure that the

competent authorities
shall enforce such
remedies when granted.
1. In time of public 1. Nothing in the present 1. Every human being

emergency which Covenant may be has the inherent right to
threatens the life of the interpreted as implying life. This right shall be
nation and the existence for any State, group or protected by law. No one
of which is officially person any right to shall be arbitrarily
proclaimed, the States engage in any activity or deprived of his life.
Parties to the present perform any act aimed
Covenant may take at the destruction of any 2. In countries which
measures derogating from of the rights and have not abolished the
their obligations under freedoms recognized death penalty, sentence
the present Covenant to herein or at their of death may be imposed
the extent strictly limitation to a greater only for the most serious
required by the extent than is provided crimes in accordance
exigencies of the for in the present with the law in force at
situation, provided that Covenant. the time of the
such measures are not commission of the crime
inconsistent with their 2. There shall be no and not contrary to the
other obligations under restriction upon or provisions of the present
international law and do derogation from any of Covenant and to the
not involve the fundamental human Convention on the
discrimination solely on rights recognized or Prevention and
the ground of race, existing in any State Punishment of the Crime
colour, sex, language, Party to the present of Genocide. This
Covenant pursuant to penalty can only be
religion or social origin. law, conventions, carried out pursuant to a
regulations or custom on final judgement rendered
2. No derogation from the pretext that the by a competent court.
articles 6, 7, 8 present Covenant does
(paragraphs 1 and 2), 11, not recognize such rights 3. When deprivation of
15, 16 and 18 may be or that it recognizes them life constitutes the crime
made under this to a lesser extent. of genocide, it is
provision. understood that nothing
in this article shall
3. Any State Party to the authorize any State Party
present Covenant availing to the present Covenant
itself of the right of to derogate in any way
derogation shall from any obligation
immediately inform the assumed under the
other States Parties to the provisions of the
present Covenant, Convention on the
through the intermediary Prevention and
of the Secretary-General Punishment of the Crime
of the United Nations, of of Genocide.
the provisions from
which it has derogated 4. Anyone sentenced to
and of the reasons by death shall have the right
which it was actuated. A to seek pardon or
further communication commutation of the
shall be made, through sentence. Amnesty,
the same intermediary, on pardon or commutation
the date on which it of the sentence of death
terminates such may be granted in all
derogation. cases.
5. Sentence of death shall

not be imposed for
crimes committed by
persons below eighteen
years of age and shall not
be carried out on
pregnant women.
6. Nothing in this article

shall be invoked to delay
or to prevent the
abolition of capital
punishment by any State
Party to the present
Covenant.
No one shall be subjected 1. No one shall be held in 1. Everyone has the right
to torture or to cruel, slavery; slavery and the to liberty and security of
inhuman or degrading slave trade in all their person. No one shall be
treatment or punishment. forms shall be prohibited. subjected to arbitrary
In particular, no one shall arrest or detention. No
be subjected without his I. No one shall be held in one shall be deprived of
free consent to medical or servitude. his liberty except on such
scientific grounds and in
experimentation. II. a) No one shall be accordance with such
required to perform procedure as are
forced or compulsory established by law.
labour;
2. Anyone who is
(b) Paragraph 3 (a) shall arrested shall be
not be held to preclude, informed, at the time of
in countries where arrest, of the reasons for
imprisonment with hard his arrest and shall be
labour may be imposed promptly informed of
as a punishment for a any charges against him.
crime, the performance of
hard labour in pursuance 3. Anyone arrested or
of a sentence to such detained on a criminal
punishment by a charge shall be brought
competent court; promptly before a judge
or other officer
(c) For the purpose of this authorized by law to
paragraph the term exercise judicial power
“forced or compulsory and shall be entitled to
labour” shall not include: trial within a reasonable
time or to release. It shall
(i) Any work or service,
not be the general rule
not referred to in
that persons awaiting
subparagraph (b),
trial shall be detained in
normally required of a
custody, but release may
person who is under
be subject to guarantees
detention in consequence
to appear for trial, at any
of a lawful order of a
other stage of the judicial
court, or of a person proceedings, and, should
during conditional release occasion arise, for
from such detention; execution of the
judgment.
(ii) Any service of a
military character and, in 4. Anyone who is
countries where deprived of his liberty by
conscientious objection is arrest or detention shall
recognized, any national be entitled to take
service required by law proceedings before a
of conscientious court, in order that that
objectors; court may decide without
delay on the lawfulness
(iii) Any service exacted of his detention and order
in cases of emergency or his release if the
calamity threatening the detention is not lawful.
life or well-being of the
community; 5. Anyone who has been
the victim of unlawful
(iv) Any work or service arrest or detention shall
which forms part of have an enforceable right
normal civil obligations. to compensation.
1. All persons deprived of No one shall be 1. Everyone lawfully

their liberty shall be imprisoned merely on the within the territory of a
treated with humanity and ground of inability to State shall, within that
with respect for the fulfill a contractual territory, have the right
inherent dignity of the obligation. to liberty of movement
human person. and freedom to choose
his residence.
2. (a) Accused persons
shall, save in exceptional 2. Everyone shall be free
circumstances, be to leave any country,
segregated from including his own.
convicted persons and
shall be subject to 3. The above-mentioned
separate treatment rights shall not be subject
appropriate to their status to any restrictions except
as unconvicted persons; those which are provided
by law, are necessary to
(b) Accused juvenile protect national security,
persons shall be separated public order (ordre
from adults and brought public), public health or
as speedily as possible for morals or the rights and
adjudication. freedoms of others, and
are consistent with the
3. The penitentiary other rights recognized in
system shall comprise the present Covenant.
treatment of prisoners the
essential aim of which 4. No one shall be
shall be their reformation arbitrarily deprived of
and social rehabilitation. the right to enter his own
Juvenile offenders shall country.
be segregated from adults
and be accorded
treatment appropriate to
their age and legal status.
An alien lawfully in the 1. All persons shall be 1. No one shall be held

territory of a State Party equal before the courts guilty of any criminal
to the present Covenant and tribunals. In the offence on account of
may be expelled determination of any any act or omission
therefrom only in criminal charge against which did not constitute
pursuance of a decision him, or of his rights and a criminal offence, under
reached in accordance obligations in a suit at national or international
with law and shall, except law, everyone shall be law, at the time when it
where compelling reasons entitled to a fair and was committed. Nor shall
of national security public hearing by a a heavier penalty be
otherwise require, be competent, independent imposed than the one that
allowed to submit the and impartial tribunal was applicable at the
reasons against his ex- established by law. The time when the criminal
pulsion and to have his press and the public may offence was committed.
case reviewed by, and be be excluded from all or If, subsequent to the
represented for the part of a trial for reasons commission of the
purpose before, the of morals, public order offence, provision is
competent authority or a (ordre public) or national made by law for the
person or persons security in a democratic imposition of the lighter
especially designated by society, or when the penalty, the offender
the competent authority. interest of the private shall benefit thereby.
lives of the parties so 2. Nothing in this article
requires, or to the extent shall prejudice the trial
strictly necessary in the and punishment of any
opinion of the court in person for any act or
special circumstances omission which, at the
where publicity would time when it was
prejudice the interests of committed, was
justice; but any judgment criminal according to the
rendered in a criminal general principles of law
case or in a suit at law recognized by the
shall be made public community of nations.
except where the interest
of juvenile persons
otherwise requires or the
proceedings concern
matrimonial disputes or
the guardianship of
children.
2. Everyone charged with

a criminal offence shall
have the right to be
presumed innocent until
proved guilty according
to law.
3. In the determination of
any criminal charge
against him, everyone
shall be entitled to the
following minimum
guarantees, in full
equality:
(a) To be informed
promptly and in detail in
a language which he
understands of the nature
and cause of the charge
against him;
(b) To have adequate

time and facilities for the
preparation of his defense
and to communicate with
counsel of his own
choosing;
(c) To be tried without

undue delay;
(d) To be tried in his

presence, and to defend
himself in person or
through legal assistance
of his own choosing; to
be informed, if he does
not have legal assistance,
of this right; and to have
legal assistance assigned
to him, in any case where
the interests of justice so
require, and without
payment by him in any
such case if he does not
have sufficient means to
pay for it;
(e) To examine, or have

examined, the witnesses
against him and to obtain
the attendance and
examination of witnesses
on his behalf under the
same conditions as
witnesses against him;
(f) To have the free

assistance of an
interpreter if he cannot
understand or speak the
language used in court;
(g) Not to be compelled

to testify against himself
or to confess guilt.
4. In the case of juvenile
persons, the procedure
shall be such as will take
account of their age and
the desirability of
promoting their
rehabilitation.
5. Everyone convicted of
a crime shall have the
right to his conviction
and sentence being
reviewed by a higher
tribunal according to law.
6. When a person has by

a final decision been
convicted of a criminal
offence and when
subsequently his
conviction has been
reversed or he has been
pardoned on the ground
that a new or newly
discovered fact shows
conclusively that there
has been a miscarriage of
justice, the person who
has suffered punishment
as a result of such
conviction shall be
compensated according
to law, unless it is proved
that the non-disclosure of
the un- known fact in
time is wholly or partly
attributable to him.
7. No one shall be liable

to be tried or punished
again for an offence for
which he has already
been finally convicted or
acquitted in accordance
with the law and penal
procedure of each
country.
Everyone shall have the 1. No one shall be 1. Everyone shall have

right to recognition subjected to arbitrary or the right to freedom of
everywhere as a person unlawful interference thought, conscience and
before the law. with his privacy, family, religion. This right shall
home or correspondence, include freedom to have
nor to unlawful attacks or to adopt a religion or
on his honour and belief of his choice, and
reputation. freedom, either
individually or in com-
2. Everyone has the right munity with others and in
to the protection of the public or private, to
law against such manifest his religion or
interference or attacks. belief in worship,
observance, practice and
teaching.
2. No one shall be
subject to coercion which
would impair his
freedom to have or to
adopt a religion or belief
of his choice.
3. Freedom to manifest
one’s religion or beliefs
may be subject only to
such limitations as are
prescribed by law and are
necessary to protect
public safety, order,
health, or morals or the
fundamental rights and
freedoms of others.
4. The States Parties to

the present Covenant
undertake to have respect
for the liberty of parents
and, when applicable,
legal guardians to en-
sure the religious and
moral education of their
children in conformity
with their own
convictions.
1. Everyone shall have 1. Any propaganda for The right of peaceful

the right to hold opinions war shall be prohibited assembly shall be
without interference. by law. recognized. No
restrictions may be
2. Everyone shall have 2. Any advocacy of placed on the exercise of
the right to freedom of national, racial or this right other than those
expression; this right religious hatred that imposed in conformity
shall include freedom to constitutes incitement to with the law and which
seek, receive and impart discrimination, hostility are necessary in a
information and ideas of or violence shall be democratic society in the
all kinds, regardless of prohibited by law. interests of national
frontiers, either orally, in security or public safety,
writing or in print, in the public order (ordre
form of art, or through public), the protection of
any other media of his public health or morals
choice. or the protection of the
rights and freedoms of
3. The exercise of the others.
rights provided for in
paragraph 2 of this article
carries with it special
duties and
responsibilities. It may
therefore be subject to
certain restrictions, but
these shall only be such
as are provided by law
and are necessary:
(a) For respect of the

rights or reputations of
others;
(b) For the protection of

national security or of
public order (ordre
public), or of public
health or morals.
1. Everyone shall have 1. The family is the 1. Every child shall have,
the right to freedom of natural and fundamental without any
association with others, group unit of society and discrimination as to race,
including the right to is entitled to protection colour, sex, language,
form and join trade by society and the State. religion, national or
unions for the protection social origin, property or
of his interests. 2. The right of men and birth, the right to such
women of marriageable measures of protection as
2. No restrictions may be age to marry and to found are required by his status
placed on the exercise of a family shall be as a minor, on the part of
this right other than those recognized. his family, society and
which are prescribed by the State.
law and which are 3. No marriage shall be
necessary in a democratic entered into without the 2. Every child shall be
society in the interests of free and full consent of registered immediately
national security or public the intending spouses. after birth and shall have
safety, public order a name.
4. States Parties to the
(ordre public), the
present Covenant shall 3. Every child has the
protection of public
take appropriate steps to right to acquire a
health or morals or the
ensure equality of rights nationality.
protection of the rights
and responsibilities of
and freedoms of others.
spouses as to marriage,
This article shall not
prevent the imposition of during marriage and at its
dissolution. In the case of
lawful restrictions on
dissolution, provision
members of the armed
forces and of the police in shall be made for the
their exercise of this necessary protection of
right. any children.

shall authorize States
Parties to the
International Labour
Organization Convention
of 1948 concerning
Freedom of Association
and Protection of the
Right to Organize to take
legislative measures
which would prejudice,
or to apply the law in
such a manner as to
prejudice, the guarantees
provided for in that
Convention.
Every citizen shall have All persons are equal In those States in which
the right and the before the law and are ethnic, religious or
opportunity, without any entitled without any dis- linguistic minorities
of the distinctions crimination to the equal exist, persons belonging
mentioned in article 2 and protection of the law. In to such minorities shall
without unreasonable this respect, the law shall not be denied the right, in
restrictions: prohibit any community with the
discrimination and other members of their
(a) To take part in the guarantee to all persons group, to enjoy their own
conduct of public affairs, equal and effective culture, to profess and
directly or through freely protection against practice their own
chosen representatives; discrimination on any religion, or to use their
ground such as race, own language.
(b) To vote and to be colour, sex, language,
elected at genuine religion, political or other
periodic elections which opinion, national or
shall be by universal and social origin, property,
equal suffrage and shall birth or other status.
be held by secret ballot,
guaranteeing the free
expression of the will of
the electors;
(c) To have access, on

general terms of equality,
to public service in his
country.
D. International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Effect of ICESCR in the Philippine Legal System
The International Covenant on Economic, Social, and Cultural Rights generally provides
for entitlement rights or welfare which “are intended to guarantee success, at least at a
minimum level (and) are conceived as entitlements to have certain goods, not merely to
pursue them. (ICESCR, 1966). They are rights to have the goods provided by others if
one cannot (or will not) earn them oneself.” (Kelley, 1998). It reflects rights to positive
outcomes that impose on the State to perform an act to ensure those outcomes and the
enjoyment of these rights by the people. It is designed to ensure the protection of people,
based on the expectation that people can enjoy rights, freedoms and social justice
simultaneously. (OHCHR, 2000). The Philippines granted the ICESCR a status as part of
the law of the land.
Human rights aspirations of the ICESCR:
1. All peoples have the right 1. Each State Party to the The States Parties to the
of self-determination. By present Covenant present Covenant undertake
virtue of that right they undertakes to take steps, to ensure the equal right of
freely determine their individually and through men and women to the
political status and freely international assistance and enjoyment of all economic,
pursue their economic, cooperation, especially social and cultural rights set
social and cultural economic and technical, to forth in the present
development. the maximum of its Covenant.
available resources, with a
2. All peoples may, for their view to achieving
own ends, freely dispose of progressively the full
their natural wealth and realization of the rights
resources without prejudice recognized in the present
to any obligations arising Covenant by all appropriate
out of international means, including
economic cooperation, particularly the adoption of
based upon the principle of legislative measures.
mutual benefit, and
international law. In no case 2. The States Parties to the
may a people be deprived of present Covenant undertake
its own means of to guarantee that the rights
subsistence. enunciated in the present
Covenant will be exercised
3. The States Parties to the without discrimination of
present Covenant, including any kind as to race, colour,
those having responsibility sex, language, religion,
for the administration of political or other opinion,
Non-Self-Governing and national or social origin,
Trust Territories, shall property, birth or other
promote the realization of status.
the right of self-
determination, and shall 3. Developing countries,
respect that right, in with due regard to human
conformity with the rights and their national
provisions of the Charter of economy, may determine to
the United Nations. what extent they would
guarantee the economic
rights recognized in the
present Covenant to non-
nationals.
The States Parties to the 1. Nothing in the present 1. The States Parties to the
present Covenant recognize Covenant may be present Covenant recognize
that, in the enjoyment of interpreted as implying for the right to work, which
those rights provided by the any State, group or person includes the right of
State in conformity with the any right to engage in any everyone to the opportunity
present Covenant, the State activity or to perform any to gain his living by work
may subject such rights act aimed at the destruction which he freely chooses or
only to such limitations as of any of the rights or accepts, and will take
are determined by law only freedoms recognized herein, appropriate steps to
in so far as this may be or at their limitation to a safeguard this right.
compatible with the nature greater extent than is
of these rights and solely provided for in the present 2. The steps to be taken by a
for the purpose of Covenant. State Party to the present
promoting the general Covenant to achieve the full
welfare in a democratic 2. No restriction upon or realization of this right shall
society. derogation from any of the include technical and
fundamental human rights vocational guidance and
recognized or existing in training programmes,
any country in virtue of law, policies and techniques to
conventions, regulations or achieve steady economic,
custom shall be admitted on social and cultural
the pretext that the present development and full and
Covenant does not productive employment
recognize such rights or that under conditions
it recognizes them to a safeguarding fundamental
lesser extent. political and economic
freedoms to the individual.
The States Parties to the 1. The States Parties to the The States Parties to the
present Covenant recognize present Covenant undertake present Covenant recognize
the right of everyone to the to ensure: the right of everyone to
enjoyment of just and social security, including
favourable conditions of (a) The right of everyone to social insurance.
work which ensure, in form trade unions and join
particular: the trade union of his
(a) Remuneration which choice, subject only to the
provides all workers, as a rules of the organization
minimum, with: concerned, for the
promotion and protection of
(i) Fair wages and equal his economic and social
remuneration for work of interests. No restrictions
equal value without may be placed on the
distinction of any kind, in exercise of this right other
particular women being than those prescribed by
guaranteed conditions of
law and which are
work not inferior to those
necessary in a democratic
enjoyed by men, with equal society in the interests of
pay for equal work; national security or public
order or for the protection
(ii) A decent living for
of the rights and freedoms
themselves and their
of others;
families in accordance with
the provisions of the present
(b) The right of trade unions
Covenant;
to establish national
(b) Safe and healthy federations or
working conditions; confederations and the right
of the latter to form or join
(c) Equal opportunity for international trade- union
everyone to be promoted in organizations;
his employment to an
appropriate higher level, (c) The right of trade unions
subject to no considerations to function freely subject to
other than those of seniority no limitations other than
and competence;
those prescribed by law and
(d) Rest, leisure and which are necessary in a
reasonable limitation of democratic society in the
working hours and periodic interests of national security
holidays with pay, as well or public order or for the
as remuneration for public protection of the rights and
holidays. freedoms of others;
(d) The right to strike,

provided that it is exercised
in conformity with the laws
of the particular country.
2. This article shall not

prevent the imposition of
lawful restrictions on the
exercise of these rights by
members of the armed
forces or of the police or of
the administration of the
State.

shall authorize States
Parties to the International
Labour Organization
Convention of 1948
concerning Freedom of
Association and Protection
of the Right to Organize to
take legislative measures
which would prejudice, or
apply the law in such a
manner as would prejudice,
the guarantees provided for
in that Convention.
The States Parties to the 1. The States Parties to the 1. The States Parties to the
present Covenant recognize present Covenant recognize present Covenant recognize
that: the right of everyone to an the right of everyone to the
adequate standard of living enjoyment of the highest
1. The widest possible for himself and his family, attainable standard of
protection and assistance including adequate food, physical and mental health.
should be accorded to the clothing and housing, and to
family, which is the natural the continuous 2. The steps to be taken by
and fundamental group unit improvement of living the States Parties to the
of society, particularly for conditions. The States present Covenant to achieve
its establishment and while Parties will take appropriate the full realization of this
it is responsible for the care steps to ensure the right shall include those
and education of dependent realization of this right, necessary for:
children. Marriage must be recognizing to this effect
entered into with the free (a) The provision for the
the essential importance of
consent of the intending reduction of the stillbirth
international cooperation
spouses. rate and of infant mortality
based on free consent.
and for the healthy
2. Special protection should 2. The States Parties to the development of the child;
be accorded to mothers present Covenant,
during a reasonable period (b) The improvement of all
recognizing the
before and after childbirth. aspects of environmental
fundamental right of
During such period working and industrial hygiene;
everyone to be free from
mothers should be accorded hunger, shall take, c) The prevention, treatment
paid leave or leave with individually and through and control of epidemic,
adequate social security international cooperation, endemic, occupational and
benefits. the measures, including other diseases;
specific programmes, which
3. Special measures of are needed: (d) The creation of
protection and assistance
should be taken on behalf of (a) To improve methods of conditions which would
all children and young production, conservation assure to all medical service
persons without any and distribution of food by and medical attention in the
discrimination for reasons making full use of technical event of sickness.
of parentage or other and scientific knowledge,
conditions. Children and by disseminating
young persons should be knowledge of the principles
protected from economic of nutrition and by
and social exploitation. developing or reforming
Their employment in work agrarian systems in such a
harmful to their morals or way as to achieve the most
health or dangerous to life efficient development and
or likely to ham- per their utilization of natural
normal development should resources;
be punishable by law. States
should also set age-limits (b) Taking into account the
below which the paid problems of both food-
employment of child labour importing and food-
should be prohibited and exporting countries, to
punishable by law. ensure an equitable
distribution of world food
supplies in relation to need.
1. The States Parties to the Each State Party to the 1. The States Parties to the
present Covenant recognize present Covenant which, at present Covenant recognize
the right of everyone to the time of becoming a the right of everyone:
education. They agree that Party, has not been able to
education shall be directed secure in its metropolitan (a) To take part in cultural
to the full development of territory or other territories life;
the human personality and under its jurisdiction
(b) To enjoy the benefits of
the sense of its dignity, and compulsory primary
scientific progress and its
shall strengthen the respect education, free of charge,
applications;
for human rights and undertakes, within two
fundamental freedoms. years, to work out and adopt (c) To benefit from the
They further agree that a detailed plan of action for protection of the moral and
education shall enable all the progressive material interests resulting
persons to participate implementation, within a from any scientific, literary
effectively in a free society, reasonable number of years, or artistic production of
promote understanding, to be fixed in the plan, of
tolerance and friendship the principle of compulsory which he is the author.
among all nations and all education free of charge for
racial, ethnic or religious all. 2. The steps to be taken by
groups, and further the the States Parties to the
activities of the United present Covenant to achieve
Nations for the maintenance the full realization of this
of peace. right shall include those
necessary for the
2. The States Parties to the conservation, the
present Covenant recognize development and the
that, with a view to diffusion of science and
achieving the full culture.
realization of this right:
3. The States Parties to the
(a) Primary education shall present Covenant undertake
be compulsory and to respect the freedom
available free to indispensable for scientific
research and creative
all; activity.
(b) Secondary education in 4. The States Parties to the

its different forms, present Covenant recognize
including technical and the benefits to be derived
vocational secondary from the encouragement
education, shall be made and development of
generally available and international contacts and
accessible to all by every cooperation in the scientific
appropriate means, and in and cultural fields.
particular by the
progressive introduction of
free education;
(c) Higher education shall

be made equally accessible
to all, on the basis of
capacity, by every
appropriate means, and in
particular by the
progressive introduction of
free education;
(d) Fundamental education

shall be encouraged or
intensified as far as possible
for those persons who have
not received or completed
the whole period of their
primary education;
(e) The development of a

system of schools at all
levels shall be actively
pursued, an adequate
fellowship system shall be
established, and the material
conditions of teaching staff
shall be continuously
improved.
3. The States Parties to the

present Covenant undertake
to have respect for the
liberty of parents and, when
applicable, legal guardians
to choose for their children
schools, other than those
established by the public
authorities, which conform
to such minimum
educational standards as
may be laid down or
approved by the State and
to ensure the religious and
moral education of their
children in conformity with
their own convictions.
4. No part of this article

shall be construed so as to
interfere with the liberty of
individuals and bodies to
establish and direct
educational institutions,
subject always to the
observance of the principles
set forth in paragraph 1 of
this article and to the
requirement that the
education given in such
institutions shall conform to
such minimum standards as
may be laid down by the
State instruments.
E. Activity
Divide participants into groups. Assign each of the group a fictional world (e.g. Middle
Earth, Narnia, Westeros, the Land of Oz, Hogwarts, Wonderland, etc.) that has a State.
Instruct all groups to do the following:
1. Decide on ten rights that the whole group can agree upon and list them on a paper.
2. Members of each group should reflect on the following while or after making the list:
- Did your ideas about which human rights were most important change during
this activity?
- How would life be on this world if some of these rights were excluded?
- Are there any rights you would still like to add to the final list?
- Why is making a list like this useful?
3. Ask each group to present its list and reflections to all the participants.
IV. The Philippine Bill of Human Rights
The Philippines, along with the other members of the family of nations, committed to
uphold the fundamental human rights as well as value the worth and dignity of every
person. (Government of Hong Kong Special Administrative Region, Represented by the
Philippine Department Of Justice v. Hon. Felixberto T. Olalia, Jr. and Juan Antonio
Muñoz, G.R. No. 153675, April 19, 2007.) This commitment is embodied in the
constitutional provisions on human dignity which provides: “The Congress shall give
highest priority to the enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the common
good.” (Sec. 1(1), Art. 13, Constitution). Further, “the State values the dignity of every
human person and guarantees full respect for human rights.” (Sec. 11, Art. 2,
Constitution).
In light of this commitment, the Philippines is obligated to enact laws and enforce
measurements to ensure that the right to life is protected while the right to liberty and security
cannot be impaired except on grounds provided by and in accordance with law. (Edgardo navia,
Ruben Dio, and Andrew Buising v. Virginia Pardico, for and in behalf and in
representation of Benhur V. Pardico, G.R. No. 184467 June 19, 2012.).
A. Rights and Freedoms as Outlined in Article 3 of the 1987 Philippine

Constitution:
Section 1 Section 2 Section 3
No person shall be deprived The right of the people to be 1.) The privacy of
of life, liberty, or property secure in their persons, communication and
without due process of law, houses, papers, and effects correspondence shall be
nor shall any person be against unreasonable inviolable except upon
denied the equal protection searches and seizures of lawful order of the court, or
of the laws. whatever nature and for any when public safety or order
purpose shall be inviolable, requires otherwise as
and no search warrant or prescribed by law.
warrant of arrest shall issue
except upon probable cause 2.) Any evidence obtained
to be determined personally in violation of this or the
by the judge after preceding section shall be
examination under oath or inadmissible for any
affirmation of the purpose in any proceeding.
complainant and the
witnesses he may produce,
and particularly describing
the place to be searched and
the persons or things to be
seized.
No law shall be made The liberty of abode and of
No law shall be passed
respecting an establishment changing the same within
abridging the freedom of
of religion, or prohibiting the limits prescribed by law
speech, of expression, or of
the free exercise thereof. shall not be impaired except
the press, or the right of the
The free exercise and upon lawful order of the
people peaceably to
enjoyment of religious court. Neither shall the right
assemble and petition the
profession and worship, to travel be impaired except
government for redress of
without discrimination or in the interest of national
grievances.
preference, shall forever be security, public safety, or
allowed. No religious test public health, as may be
shall be required for the provided by law.
exercise of civil or political
rights.

The right of the people to The right of the people, Private property shall not be
information on matters of including those employed in taken for public use without
public concern shall be the public and private just compensation.
recognized. Access to sectors, to form unions,
official records, and to associations, or societies for
documents, and papers purposes not contrary to law
pertaining to official acts, shall not be abridged.
transactions, or decisions,
as well as to government
research data used as basis
for policy development,
shall be afforded the citizen,
subject to such limitations
as may be provided by law.

No law impairing the Free access to the courts 1.) Any person under
obligation of contracts shall and quasi-judicial bodies investigation for the
be passed. and adequate legal commission of an offense
assistance shall not be shall have the right to be
denied to any person by informed of his right to
reason of poverty. remain silent and to have
competent and independent
counsel preferably of his
own choice. If the person
cannot afford the services of
counsel, he must be
provided with one. These
rights cannot be waived
except in writing and in the
presence of counsel.
2.) No torture, force,

violence, threat,
intimidation, or any other
means which vitiate the free
will shall be used against
him. Secret detention
places, solitary,
incommunicado, or other
similar forms of detention
are prohibited.
3.) Any confession or

admission obtained in
violation of this or Section
17 hereof shall be
inadmissible in evidence
against him.
4.) The law shall provide

for penal and civil sanctions
of violations of this section
as well as compensation to
and rehabilitation of victims
of torture or similar
practices, and their families.

All persons, except those 1.) No person shall be held The privilege of the writ of
charged with offenses to answer for a criminal habeas corpus shall not be
punishable by reclusion offense without due process suspended except in cases
perpetua when evidence of of law. of invasion or rebellion
guilt is strong, shall, before when the public safety
conviction, be bailable by 2.) In all criminal
sufficient securities, or be prosecutions, the accused requires it.
released on recognizance as shall be presumed innocent
may be provided by law. until the contrary is proved,
The right to bail shall not be and shall enjoy the right to
impaired even when the be heard by himself and
privilege of the writ of counsel, to be informed of
habeas corpus is suspended. the nature and cause of the
Excessive bail shall not be accusation against him, to
required. have a speedy, impartial,
and public trial, to meet the
witnesses face to face, and
to have compulsory process
to secure the attendance of
witnesses and the
production of evidence in
his behalf. However, after
arraignment, trial may
proceed notwithstanding the
absence of the accused
provided that he has been
duly notified and his failure
to appear is unjustifiable.

All persons shall have the No person shall be 1.) No person shall be
right to a speedy disposition compelled to be a witness detained solely by reason of
of their cases before all against himself. his political beliefs and
judicial, quasi-judicial, or aspirations.
administrative bodies.
2.) No involuntary servitude
in any form shall exist
except as a punishment for
a crime whereof the party
shall have been duly
convicted.

1.) Excessive fines shall not No person shall be No person shall be twice
be imposed, nor cruel, imprisoned for debt or non- put in jeopardy of
degrading or inhuman payment of a poll tax. punishment for the same
punishment inflicted. offense. If an act is
Neither shall death penalty punished by a law and an
be imposed, unless, for ordinance, conviction or
compelling reasons acquittal under either shall
involving heinous crimes, constitute a bar to another
the Congress hereafter prosecution for the same
provides for it. Any death act.
penalty already imposed
shall be reduced to
reclusion perpetua.
2.) The employment of

physical, psychological, or
degrading punishment
against any prisoner or
detainee or the use of
substandard or inadequate
penal facilities under
subhuman conditions shall
be dealt with by law.
Section 22
No ex post facto law or bill
of attainder shall be
enacted.
B. Knowing and Asserting Your Rights
The right not to be arrested is guaranteed to every Filipino by the Constitution and
existing laws, except on evidence that a crime has been committed and that you probably
committed it.
What are the circumstances when an arresting officer may validly arrest a person
without a warrant of arrest?
An arresting officer may arrest a person ONLY in the following circumstances:

1. When you have committed, are actually committing, or are attempting to commit
an offense in the presence of the arresting officer;
2. When an offense has been committed and the arresting office has probable cause
to believe, based on personal knowledge of the facts and circumstance, that you
committed the offense;
3. When you have escaped from prison or detention or while being transferred from
one confinement to another.
Keep in mind that if you were arrested without a warrant, you can only be detained
for:
– 12 hours, for light offenses, which are punishable by light penalties;

– 18 hours, for less grave offenses, punishable by correctional penalties;
– 36 hours, for grave offenses, punishable by capital penalties.
If the arresting officer has not delivered you to proper judicial authorities or the detention
is not terminated within these hours, the detention becomes illegal and the person arrested
is entitled to immediate release.
What are the rights I must be aware of and can assert if I were arrested, invited or
placed under custody?
1. To be informed of your right to remain silent and to refuse to answer any

question;
2. To have competent and independent counsel preferably of your own choice;
3. Right to call or communicate with your family, relatives, lawyer, or with any
human rights organization;
4. To be allowed to communicate or consult with your lawyer at all times;

5. To be represented by your lawyer during the custodial investigations and at any
other proceedings;
6. To be provided with counsel if you cannot afford one;
7. To be visited by any member of your immediate family, any medical doctor,

priest/minister of your choice, any human rights organization, or by any non-
governmental organization accredited by the Commission on Human Rights (for
national NGOs) or the Office of the President (for international NGOs).
What are the things I can refuse to do when asked by the authorities?
1. To sign the waiver of preliminary investigation without being informed of the

nature and consequences of signing or not signing it;
2. To give or sign any written confession, statement or accomplish any document

without the assistance of your counsel;
3. To answer any question without the assistance of your counsel;
4. To accept services of any counsel provided by the police or the military;
5. To have your picture taken;
6. To be fingerprinted;
7. To be subjected to bodily search
8. To do any act which tend to incriminate you (such submitting oneself to physical
examination)
What are the rights I must be aware of if I were subject to criminal prosecution?
1. Not to be compelled to testify against yourself;
2. To remain silent and to counsel;

3. To be informed of the nature and cause of the accusations against you;
4. To have a speedy, public, and impartial trial;
5. To appeal any conviction;
6. To be presumed innocent until the contrary is proved;
7. To be present and heard by yourself and counsel;
8. To avail yourself of court processes to secure the compulsory attendance of

witnesses and the presentation of evidence in your defense;
9. To meet the witnesses face-to-face and to cross-examine them;
10. The right to a preliminary investigation;
11. The right against double jeopardy;
12. Before conviction, the right to bail except for capital offenses when evidence of
guilt is strong;
13. The right to be treated with humanity and with respect for your personal dignity;
14. The right to liberty of abode and the right to travel.
What are other things I shall do when arrested?
1. Stay calm. Be observant and provide specific details of the incident.

2. Have an understanding of your rights and be assertive of it. The arresting officer
shall read the Miranda warning to you, if not, you can demand the arresting
officer to do so. Keep in mind that anything you say can become part of the
prosecution’s evidence against you in court.
3. Do not lie to the arresting officer, but do not make any admission that could
incriminate you. Do not allow yourself to engage in conversation with the
arresting officer that could get you to admit to something criminal.
4. Contact your family, relatives, legal helpdesk, lawyers/human rights group about:
a. Your location;
b. How many else were arrested;
c. Any particular request or information that will be helpful to the person
called and;
d. The needs to be immediately attended to.
If they stopped you from communicating with anyone, demand them to allow you to do
so.
5. Remain cooperative throughout the arrest process. Do not struggle, disobey,

argue, run or even fight with the arresting officer. Doing any of these will only
add extra charges to your arrest.
NOTE! Ask the name, rank, position, and department/unit of your

arresting/investigating officer.
C. Activity
1. For you, is it important for both government and citizens to respect the Bill of
Rights in the 1987 Constitution? Why?
2. What are some of the national laws you know that protect and promote any of the
Bill of Rights enshrined in the 1987 Constitution?
3. How do you think the Philippines fare in human rights protection and promotion?
V. Human Rights and Us
A. The Challenges Before Us

Nowadays, we have witnessed threats, attacks, illegal arrests and even killings declared
by no less than the people in the highest levels of government positions and executed by
their law enforcement agents against left-wing political activists, human rights defenders,
environmental activists, community leaders, and Indigenous peoples’ leaders.
Some state actors have also silenced and harassed media outlets through politically
motivated prosecutions and other legal actions. This has become more apparent with the
trumped up charges against journalists and the shutdown of the biggest media network in
the country. People who have expressed their dissent, a right that shall be exercised
without fear of criminalization in a supposedly democratic country such as the
Philippines, have been met with widespread illegal arrest, arbitrary detention, and
persecution. Lawyers who have advocated for human rights and stood with oppressed
sectors have been killed in full view of the quarantined, hyper-active, and the watchful
eyes of the public.
Such deprivation of life and liberty by the state actors shall not be overlooked, but rather
condemned, if we really are to consider ourselves as members of civilized society. In the
words of Court of Appeals Justice Bruselas, “That a man may be denied his rights at the
mere whim of government, is anathema to a democracy, if the ideal that indeed freedom
prevails in our land is to be upheld.” (Vicente S.E. Veloso v. Philippine Drug
Enforcement Agency (PDEA), Director General Aaron N. Aquino, CA-G.R. SP No.
00005-WHD, October 5. 2020).
B. Our role as citizens and rights-holders.
Assert, exercise, and defend human rights!
The government is not the only one dispensed with the responsibility uphold human
rights. With that said, businesses, civil society, individuals, you and I, also have our fair
share of responsibility to promote and respect human rights. This is affirmed by the
UDHR when it declared that,
“Every individual and every organ of society, keeping this Declaration constantly in
mind, shall strive by teaching and education to promote respect for these rights and
freedoms and by progressive measures, national and international, to secure their
universal and effective recognition and observance.”
This means that, while individuals are entitled to basic rights and freedoms, we also have
the duty to see to it that these rights are upheld and respected. Certainly, we have the
right to be treated equally in dignity and justice, but this necessarily entails our
responsibility to treat others with same standards. Hence, human rights also have
corresponding human responsibilities. For instance, the right to criticize, which is
guaranteed by the freedom of speech and of expression in the Bill of Rights of the
Constitution, must be exercised responsibly, for every right carries with it a
corresponding obligation. Freedom is not freedom from responsibility, but freedom with
responsibility. (RE: Letter Of The UP Law Faculty A.M. No. 10-10-4-SC).
The responsibility to respect human rights means that we should at all times refrain from
curtailing the enjoyment of human rights by fellow individuals. We have the
responsibility to refrain from taking any measures that would result in preventing others
from exercising their rights. (UNGA, 2010). The responsibility to assert and exercise
human rights includes taking action when we feel our rights and freedoms have been
breached. The responsibility to defend human rights entails addressing human rights
concerns of persons especially those in the underprivileged and vulnerable sectors such as
women, children, indigenous peoples, refugees, internally displaced persons, lesbian, gay,
bisexual, transgender and intersexual people, persons with disabilities, and more.
Human rights as standards in every aspect of our individual lives and communities are
increasingly being accepted and recognized around the world, but there is still much work
yet to be done. We have seen in both local and world history how people of the past
envisioned and struggled in the realization of the rights and freedoms that we enjoy
today. Modern day human rights advocates continue to defend protect and preserve them.
It is not the time to be complacent when a series of human rights abuses around the world
continue to happen everyday. Human rights will only be respected, protected and upheld
to the extent that we demand that they should be. The path towards full and universal
enjoyment of human rights requires a commitment and an effective and sustained action
that will start from us.
With all the various forms of human rights abuses around the world, it would seem
impossible for individuals like us to make a contribution. So where do we start? Eleanor
Roosevelt, the first Chairperson of the UN Human Rights Commission in 1946, has
something to say:
“Where, after all, do universal human rights begin? In small places, close to home – so
close and so small that they cannot be seen on any maps of the world. Yet they are the
world of the individual person; the neighborhood he lives in; the school or college he
attends; the factory, farm or office where he works. Such are the places where every man,
woman and child seeks equal justice, equal opportunity, equal dignity without
discrimination. Unless these rights have meaning there, they have little meaning
anywhere. Without concerned citizen action to uphold them close to home, we shall look
in vain for progress in the larger world.”
C. Some Ways to Advocate for Human Rights
1. Educate yourself of current issues. Research and be informed of the many human
rights issues. Know why they happen and look into statistics, studies, surveys, and
reports. Learn what measures the government has placed to address such issues.
Find out what the state or national laws say. Identify is there are already
individuals or groups taking action on these issues.
2. Join organizations that advocate for human rights and social justice in your
schools and communities. There are plenty of organizations that dedicate
themselves on human rights that can be searched online. Some offer free
membership, education and training, as well as volunteering opportunities. These
organizations help in widening our connections and amplifying our voices.
3. Organize programs. Raise awareness and create opportunities for people to get
informed, get involved and interested in this cause by organizing programs. Try to
get support from as many different sectors as possible to expand our influence –
such as the academe, non-government organizations, media outlets, youth groups,
faith-based groups, businesses, etc.
4. Amplify advocacies and campaigns through social media. Nowadays, almost all
of the people spend most of their time online so take advantage of this by sharing
advocacies, campaigns and relevant information. Let as many people as possible
know about a certain human rights issue because the more people who know
about what’s going on, the more who may want to get involved with and address
it.
5. Break the echo chamber. Identify people who have different opinions. Consider
having a discussion with them to know if a compromise is possible. In advocating
for human rights, we have to get everybody else on the boat and not antagonize
people who have different views from us. It is important to understand each
other’s point of view and motivations.
6. Lobby recommendations. Use human rights standards to lobby recommendations,
engage in dialogues, and pressure local and national government officials to
change budgets, policies, and laws detrimental to human rights.
7. Monitor and legally enforce human rights measures. Be a human rights witness in
our community, and if we find ourselves having the capability and means to do
so, bring violators to justice and see to it that victims get their judicial relief.
D. Activity
1. Identify at least three (3) issues and concerns your community is currently facing
in relation to human rights.
2. Have you ever experienced a scenario wherein your right had been breached or
abused? What measures did you take to address it?
3. What other practical ways you could think of in asserting, promoting or defending
our human rights?
VI. Legal Assistance and Initiatives

LIST OF ONLINE LEGAL ASSISTANCE AND INITIATIVES
OFFICE/ORGANI FACEBOOK
DESCRIPTION CONTACT
ZATION PAGE/WEBSITE
To reach IBP-NCLA:
- Fill out this QRT form:

Free legal assistance for https://docs.google.com/forms/d/e/1FAIpQL
1. Integrated Bar queries related to ECQ Sc03IkPBCuxF9JOOA7LaR_4S4_hc6UHkN
https://www.facebo
of the Philippines and COVID-19, Xvvgp4jPBLah-nSg/viewform
ok.com/Integrated
(IBP) - National including curfew-related - Send them a private message via their
BarPH/posts/30248
Center for Legal arrests, discrimination Facebook page:
43537608684
Aid (NCLA) against health care https://www.facebook.com/IBPNationalCent
workers, and others erforLegalAid - Send an email to
𝗹𝗲𝗴𝗮𝗹𝗮𝗶𝗱@𝗶𝗯𝗽.𝗽𝗵
- Send a text to 𝟬𝟵𝟬𝟲𝟬𝟳𝟵𝟵𝟮𝟮𝟲 (Atty. Eric C.
Alajar)
To reach VLAD:
Assists in COVID-19-
- Send them a private message via their
related discrimination
Facebook page:
issues against confirmed https://www.facebo
2. Volunteer https://www.facebook.com/VLADCOVID19
COVID-19 patients, ok.com/VLADCO
Lawyers Against / - Send a text to 09177052333 (Globe/TM)
suspected and probable VID19/posts/1223
Discrimination or 09992298705 (Smart/Sun/TNT)
persons, healthcare 99452749387
- For acts of discrimination covered, check
workers, other
out:
frontliners, and OFWs
https://www.facebook.com/VLADCOVID19
/posts/122399452749387
To reach KATAPAT:

Offers legal assistance
Facebook page:
3. Kabataang for those who https://www.facebo
https://www.facebook.com/KarapatangPanta
Tagapagtanggol ng experienced red-tagging ok.com/Karapatang
o.PH/ - Send a DM to their Twitter
Karapatan or surveillance, received Pantao.PH/posts/12
@KATAPAT_PH
(KATAPAT) death threats due to their 72315532974574
- Send a text to 09260621620 (Globe/TM) or
advocacies
09292120034 (Smart/Sun/TNT)
- Send an email to
katapat.helpdesk@gmail.com
4. VALOR-19: Lawyers and law https://www.facebo To reach VALOR-19:
Volunteers and students in partnership ok.com/VALOR19
Lawyers with the OVP PH/posts/1056208 - Send them a private message via their
Organized for the responding to urgent 81109141 Facebook page:
Rule of Law legal questions related to https://www.facebook.com/VALOR19PH -
ECQ, Government For Frequently Asked Questions, check out:
Assistance, Human
Rights, Labor and https://www.facebook.com/VALOR19PH/po
Employment and Online sts/113969603607602
Free Speech
A project of the San
To reach Tugon sa Bayan:
Beda Law Student
Government and Legal
Aid Bureau to assist https://www.facebo
5. Tugon sa Bayan: Facebook page:
with concerns regarding ok.com/TugonSaB
Libreng Payong https://www.facebook.com/TugonSaBayan
our rights under the ayan/posts/108780
Ligal (The page is open from 10 AM to 10 PM) -
Constitution and other 950789286
Send an email to tugonsabayan@gmail.com
laws and regulations in
view of the COVID-19
pandemic
Provides free online
legal advice for To reach SBC - Alabang Legal Aid Center:
ECQ/COVID-related https://www.facebo
6. San Beda
issues such as human ok.com/sbcalegalai - Send them a private message via their
College - Alabang
rights, labor and dcenter/posts/2574 Facebook page:
Legal Aid Center
employment, consumer 539262784590 https://www.facebook.com/sbcalegalaidcente
rights, and importance r/
of medical care
A project of the UP
LAW Community to
provide: (a) legal
education, counseling To reach UP Law Helps:
and advise, (b) if
necessary in exceptional - Access the portal at:
7. UP LAW https://law.upd.edu
cases, legal https://law.upd.edu.ph/uplawhelps/ - - Send
HELPS .ph/uplawhelps/
representation to an email to uplawhelps@up.edu.ph. (All
individuals or sectors requests are attended to between 8 AM to 12
affected by the NN and 1 PM to 5 PM, Mondays to Fridays)
application and
enforcement of RAs
11469 & 11332
Provides competent
legal services, with the
use of one’s legal To reach NUPL:
8. NATIONAL education, skills,
https://www.facebo
UNION OF training, knowledge and - Send a message to NUPL Facebook page
ok.com/nuplphilipp
PEOPLES' experience, to the https://www.facebook.com/nuplphilippines/
ines/
LAWYERS marginalized sectors for - Send an email to nupl2007gmail.com
the upholding and - Send a text to +639178870776
promotion of their rights
and freedoms.
9. Ateneo Human Provides free legal https://www.facebo To reach AHRC Online Legal Counseling:
assistance for queries - Send them a private message via their
related to ECQ and Facebook page:
ok.com/AHRCOnli
Rights Center COVID-19, including https://www.facebook.com/AHRCOnlineLeg
neLegalCounseling
(AHRC) Online curfew-related arrests, alCounseling (The page is online from 9 AM
/posts/1072605376
Legal Counseling discrimination against to 5 PM, Mondays to Fridays)
01083
health care workers, and - For more information, check out:
others https://www.facebook.com/AHRCOnlineLeg
alCounseling/posts/110349497292187
To reach CHR NCR:
- Send an email to
CHR is offering
chr_ncr2017@yahoo.com
"Tanggol Karapatan
- Send a text to 09194447720 (Smart)
Online," free e-
https://www.facebo
lawyering services for
10. Commission on ok.com/chrgovph/p To reach their Investigation Office:
legal queries and
Human Rights osts/275677612443
concerns related to
8915 - Send a text to 09150770097 (Globe) or
human rights,
09503699026 (Smart)
government policies,
abuse, and others
To reach their Legal Division:
- Send an email to
elawyering.ld.chrp@gmail.com
To reach DLSU Law - PVO:
11. DLSU LAW https://www.facebo
Provides assistance and
Paralegal ok.com/dlsupvo/po - Send them a private message via their
answers to any legal
Volunteers sts/3180344065309 Facebook page:
matters and concerns
Organization- PVO 622 https://www.facebook.com/dlsupvo/ - Send
an email to dlsu.pvo.2012@gmail.com
Provides free legal
advice to medical
frontliners, PUMs/PUIs, To reach Iloilo Covid-19 Anti-
12. Iloilo Covid-19 hospital admin support https://www.facebo Discrimination Hotline:
Anti- and staff, and ok.com/ICADHL/p
Discrimination police/military osts/111729190494 - Send them a private message via their
Hotline experiencing COVID- 411 Facebook page:
related discrimination, https://www.facebook.com/ICADHL/
and barangay officials
unjustly reported
13. GoodGov PH's Answers legal queries https://www.facebo To reach Good Gov's Bantay Bayan
Bantay Bayan related to laws and ok.com/bantaybaya Helpdesk:
Helpdesk measures implemented n.helpdesk/posts/1
by LGUs in relation to 17877559871801 - Fill out this form:
COVID-19 https://docs.google.com/forms/d/e/1FAIpQL
Sdt7A1xD4Yg6YYWJqeqWLyGJARLr0Gs
pZ9TmNinLqLeEXt1XQ/viewform - Send a
DM to their Twitter @BantayBayanTayo
To reach CHR - Caraga Region:
https://www.facebo - Send them a private message via their

14. Commission on
ok.com/chrcaraga1 Facebook page:
Human Rights -
3/posts/243645074 https://www.facebook.com/chrcaraga13/ -
Caraga Region
6455571 Send an email to chr_caraga@yahoo.com
VII. Bibliography
Books
Benedek, W. (2006). Understanding Human Rights: Manual on Human Rights

Education (2nd ed.). European Training and Research Centre for Human Rights and
Democracy
Beitz, C.R. (2009). The Idea of Human Rights. Oxford: Oxford University Press.
Diokno, J. W. (2006). Human Rights Make Man Human. Sourcebook on Human

Rights. International Covenant on Civil and Political Rights, December 16, 1966.
Donnely, J. (2013). Universal Human Rights in Theory and Practice (3rd ed.).
Cornell University Press.
Fagan, A. (2009). Human Rights. Con- fronting Myths and Misunderstandings.

Cheltenham/Northampton: Edward Elgar.
Kelley, D. (1998). A Life of One’s own: Individual Rights and Welfare of the
State. Cato Institute.
Merali, I., and Oosterveld, V. (2021). Giving Meaning to Economic, Social, and
Cultural Rights. University of Pennsylvania Press.
Petralba, P. (2013). Hornbook on International and Philippine Human Rights

Laws. REX Book Store.
Provost, R. (2004). International Human Rights and Humanitarian Law.
Cambridge University Press.
Villasis, J. (2020). Philippine Human Rights Law and Jurisprudence. REX Book
Store.
1987 Constitution of the Philippines
Case Laws
Ang Ladlad LGBT Party v. COMELEC, GR No. 190582, Apr 8, 2010.
Chavez v. PCGG, G.R. No. 130716, December 9, 1998.
Edgardo Navia, Ruben Dio, and Andrew Buising v. Virginia Pardico, for and in
behalf and in representation of Benhur V. Pardico, G.R. No. 184467 June 19, 2012.
Government of Hong Kong Special Administrative Region, Represented by the

Philippine Department Of Justice v. Hon. Felixberto T. Olalia, Jr. and Juan Antonio
Muñoz, G.R. No. 153675, April 19, 2007.
Concurring Opinion of Chief Justice Sereno in Mary Grace Natividad S. Poe-

Llamanzares v. COMELEC and Estrella C. Elamparo, G. R. No. 221697; and Mary
Grace Natividad S. Poe-Llamanzares v. COMELEC, Francisco S. Tatad, Antonio P.
Contreras and Amado D. Valdez, G. R. No. 221698-700, March 8, 2016.
RE: Letter Of The UP Law Faculty A.M. No. 10-10-4-SC.

Vicente S.E. Veloso v. Philippine Drug Enforcement Agency (PDEA), Director
General Aaron N. Aquino, CA-G.R. SP No. 00005-WHD, October 5. 2020
International Treaties/Conventions/Charters
African (Banjul) Charter On Human And Peoples’ Rights, October 21, 1986.
International Covenant on Economic, Social, and Cultural Rights, December 16,

1966.
International Covenant on Civil and Political Rights, December 16, 1966.
Universal Declaration of Human Rights, December 10, 1948.
Manuals/Handbooks
Office of the High Commissioner for Human Rights (OHCHR). (2000). Human
Rights: A Basic Handbook for UN Staff. Available at:
https://www.refworld.org/docid/483eac7b2.html.
Philippine National Police Human Rights Affairs Office. KNOW YOUR

RIGHTS: A Citizen’s Primer on Law Enforcement. Available at:
https://pnp.gov.ph/images/Manuals_and_Guides/PNP-Guide-on-Human-based-
Policing.pdf.
Presentation Papers/Reports
Landman, Todd. (2005). “The Scope of Human Rights: From Background

Concepts to Indicators,” for the AHRI-COST Action meeting 11-13 March 2005, Oslo.
United Nations General Assembly, Report of the Special Rapporteur on the
situation of human rights defenders, UN Doc. A/65/223 (2010)
Websites
https://mb.com.ph/2021/09/14/ph-tops-asian-countries-with-highest-number-of-
land-defenderskillings/?fbclid=IwAR3oGDtJIvEs5JSROftM9NzV2IGNxsRcc6hfxDf-
Cs4_jbJWrrCbrRH70_M.
https://www.amnesty.org/en/latest/press-release/2021/04/philippines-faces-health-
human-rights-crisis-covid/
https://www.hrw.org/world-report/2021/country-chapters/philippines.

International and Philippine Human Rights and Freedoms

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International and Philippine Human Rights and Freedoms

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INTERNATIONAL AND PHILIPPINE HUMAN RIGHTS AND FREEDOMS

I. Fundamental Principles and Concepts in Human Rights

A. Definition of Human Rights

Meaning of human rights

Attributes of human rights

4. Indivisible, Interrelated and Interdependent – Human rights, albeit different as to

B. Importance of Human Rights

C. Classifications of Human Rights: Civil, Political, Economic, Social and

1. What are human rights for you?

2. Why is it crucial that everyone must be aware of human rights?

4. What do you think of the proverb, “Every right implies a responsibility”?

5. Give examples of your own personal rights and responsibilities.

To vote for local and national government To be informed and to vote

II. State Obligation to Protect and Enforce Human Rights

A. The State as the Duty-Bearers

Promote, protect, and fulfill human rights!

B. Legitimate Limitations on Human Rights

C. State Actors and Non-State Actors with Regard to Human Rights

III. The International Bill of Human Rights

A. Human Rights and the United Nations

B. Universal Declaration of Human Rights (UDHR)

Binding effect of the UDHR to the Philippine human rights law

Rights Guaranteed under the UDHR

Article 1 Article 2 Article 3

Article 4 Article 5 Article 6

Article 7 Article 8 Article 9

Everyone is entitled in full 1. Everyone charged with a No one shall be subjected to

Article 13 Article 14 Article 15

3. The family is the natural

Article 19 Article 20 Article 21

Article 22 Article 23 Article 24

4. Everyone has the right to

Article 25 Article 26 Article 27

3. Parents have a prior right

Article 28 Article 29 Article 30

Everyone is entitled to a 1. Everyone has duties to Nothing in this Declaration

3. These rights and

C. International Covenant on Civil and Political Rights (ICCPR)

ICCPR as part of the Philippine human rights law

Substantive Rights in the ICCPR

Article 1 Article 2 Article 3

(a) To ensure that any

(b) To ensure that any

(c) To ensure that the

Article 4 Article 5 Article 6

1. In time of public 1. Nothing in the present 1. Every human being

5. Sentence of death shall

6. Nothing in this article

Article 7 Article 8 Article 9

Article 10 Article 11 Article 12

1. All persons deprived of No one shall be 1. Everyone lawfully

Article 13 Article 14 Article 15

An alien lawfully in the 1. All persons shall be 1. No one shall be held

2. Everyone charged with

(b) To have adequate

(c) To be tried without

(d) To be tried in his

(e) To examine, or have

(f) To have the free

(g) Not to be compelled

6. When a person has by

7. No one shall be liable

Article 16 Article 17 Article 18

Everyone shall have the 1. No one shall be 1. Everyone shall have