Human Rights are rights those rights which emerge from being a member of the

human species. They are not granted by the state nor stemmed from being a citizen

of a country

“All men are free and equal in dignity and liberty”

A. History, Theories of Sources and Development of Human Rights

Rights of men are as old as man himself- human rights existed when man exists

I. Tyrannical Rulers of Greece to the royal autocracy of Kings and princes of

the Middles Ages men

II. Divine Rights of Kings

III. 1215 Magna Carta by King John- First English Constitution, contains

personal liberties and civil rights

IV. Bill of Rights of 1689- prevent arbitrary royal rule and establish freedom

from cruel and unusual punishment and excessive fines

V. Bill of Rights 1776- all men are free. Inherent Rights of life and liberty and

property. Freedom of Speech and Press, freedom to exercise religion.

VI. 1789 French Declaration of Rights of Man- all men are free and equal

B. Theories on Sources of Rights

1. Religious and Theological Approach- concept of dignity of man. He

possesses dignity as being created in the image of God and it places him with

high value. Common creator means common humanity and common

fundamental rights. Brotherhood of men. Disadvantage- only stands as long as

man believes in God.

2. The Natural Law Theory- conduct of men must always conform to the law

of nature. This nature is believed to be eternal. Law of right of reason in

accordance with the Law of God. The Social impulse to live peacefully and in

harmony with others. Whatever is disturbing to social harmony is wrong and

unjust. Embodied in Magna Carta of England 1215, 1689 England’s Bill of

Rights and American Declaration of Independence 1776. It leaves vague what

is part of the law of nations and, therefore is, inalienable.

3. Historical Theory- human rights emerged not from the effort of man but

that they already existed through the common consciousness of man of what

is right and just. They existed gradually, spontaneous and evolutionary

without any arbitrary will of any authority.

4. Functional or Sociological Approach- human rights existed as a means of

social control. It exists to serve the social interest of the society. Focuses on

rights in terms of people’s wants and concern.

5. Positivist – all rights and authority come from the state and what officials

have promulgated. The only law I what has been commanded by the

sovereign. Natural rights are recognized only if they are enforced by the

state. Main Criticism: authority may not promote human rights.

6. Marxist Theory- interest of the society over an individual’s interest.

Individual freedom is recognized only after the interest of society is served. It

is concerned with economic and social rights over civil or political rights of

community.

7. Theory Based on Equality and Respect- recognition of individual rights in

the enjoyment of basic freedoms (speech, religion, assembly, fair trial and

access to courts).

8. Theory Based on Justice- Each person possesses inviolability founded on

justice. The conception is of fairness and social primary goods and wealth are

to be distributed equally.

9. Theory Based on Dignity of Man- Based on the premise that human right s

means sharing values of all identified policies upon which human rights

depend on. The ultimate goal is world community where there is democratic

sharing and distribution of values. Referred to as policy science approach.

10. Utilitarian Theory- based on the notion of rights in terms of tendencies to

promote specified ends such as common good. The greatest happiness to the

greatest number. Everyone is counted equally but not treated equally.

C. Principles of Human Rights

1. Universal – all men have equal rights

2. Interdependence – it does not need any other rights for it to be realized

3. Indivisibility – cannot be divided into smaller fraction. One right depends

on the other.

4. Imprescriptible – No period to expire

5. Inalienable – cannot be taken away arbitrarily

Non-derogable rights:

1. Right to life

2. Right against torture

3. Freedom of Religion

4. Right to be recognized as a perso