Human Rights Education CLJ2

CLJ2
COURSE OVERVIEW
THE NATURE OF HUMAN RIGHTS
 Definition
 Kinds
 Principles
 Characteristics
 Components
 Stages
 Three Obligations of State Parties
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW ✓ The 1987 Constitution
 The International Bill of Rights

 Philosophy
 Religion
CIVIL AND POLITICAL RIGHTS (FIRST GENERATION OF RIGHTS)
 Bill of Rights in
 The 1987 Constitution
 Comprehensive Agreement on Respect for Human
 Rights and International Humanitarian Law
 Universal Declaration of Human Rights
 International Covenant on Civil and
 Political Rights
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS (SECOND GENERATION OF RIGHTS)
 Social Justice and Human Rights in the 1987 Constitution

 Constitution
 Universal Declaration of Human Rights
 The International Covenant on Economic, Social,
 Cultural Rights
SOLIDARITY/COLLECTIVE RIGHTS (THIRD GENERATION OF RIGHTS)
 Peace, Development, Environment

 Women, Children, Persons with Disabilities,
 Indigenous Peoples
 Women
 Children
 Persons with Disabilities (PWD)
 Indigenous Peoples
REMEDIES AND PROCEDURES FOR RESPONDING TO HUMAN RIGIITS

VIOLATIONS AND HUMAN RIGHTS ABUSES
 Human Rights Violations

 Remedies
 Domestic Remedies
 Administrative Remedies.
 International Remedies
 The Reporting Requirement
 Investigation of Communications/Complaints.....
 The International Criminal Court
 The Public 1235 Procedure
 The Confidential 1503 Procedure
 Special Country Rapporteurs and Thematic
 Rapporteurs
 Readings
PREVENTIVE MECHANISMS IN THE FIELD OF HUMAN RIGHTS
 The Office of the UN high Commissioner for human Rights

 National human Rights Institutions
CREDITS: BAMBALAN, DAQUIGAN 1

 Non-Governmental Organizations (NGOs)
THE JUDICIARY, THE ACADEME, AND THE FAMILY ON BUILDING A HUMAN RIGHTS CULTURE
 Human Rights Culture

 The Judiciary
 The Academe
 The Family
SOURCE OF THE LECTURE NOTES:
HUMAN RIGHTS LAW,

HUMAN RIGHTS CULTURE
BY: RENE V. SARMIENTO
1987 Philippine Constitution.

Revised Penal Code of the Philippines
HUMAN RIGHTS REVIEWER

BY: ATTY. PRINCIPE
HUMAN RIGHTS LAW Q&A JORGE COQUIA Book)
HUMAN RIGHTS defined
Human Rights are the aggregate of privileges, claims, benefits, entitlements, and moral guarantees that pertain to
man because of his humanity. Chilean lawyer Jose Zalaquett wrote that human rights are regarded as a system of values or
elements which are inherent to human dignity. In his book, "The Rights of Man" French philosopher Jean Jacques
Maritain stressed why man has rights. "The human person," he said, "possesses rights because of the very fact that it is a
person, a whole, Master of Itself, and of its acts, and which consequently is not merely a means to an end, but an end
which must be treated as such" (Sarmiento, 1993, p. 3).
Jean Jacques Maritain
- In the book of Jean Jacques Maritian entitled “The Rights of man”. He said that you are the master of yourself, so
since you are the master of yourself you are responsible to your action, because you know yourself well, then that
makes us human and therefore we have those rights.
Human rights from the word itself human rights, your freedom as a human. Human rights these are the
combination of all the privileges that we receive as a human, also the benefits as human. Human right are applicable
universally in order to protect every individual from any violation of our freedom. When you were born by you parents,
human rights are already inherent in you.
Human rights are in everybody, it is inherent you don’t need to do anything in order for you to have human rights
whatever your race, sex, social status you the human rights.
Human rights are universal legal guarantees protecting individuals and groups against actions which interfere with
fundamental freedoms and human dignity. Human rights are generally defined as those rights which are inherent in our
nature and without which, we cannot live as human beings. These rights and fundamental freedoms allow us to develop
and use our human qualities, intelligence, talents and conscience, and to satisfy our spiritual and other needs. The dignity
of man and human life is inviolable. From the dignity of man is derived the right of every person to free development of
his personality. It's the essence of these rights that make man human.
Name and explain some of the theories advanced as the sources of human rights.
A. Religious or theological approach - doctrine of a Supreme Being, the creator, the Father of all humanity. Central
is the concept of the dignity of man as a consequence of human rights, and therefore the rights are universal,
inalienable and cannot be denied by mortal beings (men).
The rights cannot be given by others except our creator.
B. Natural Law the conduct of men must always conform to the law of nature, and this theory is detached from
religion. The natural characteristics of human beings are the social impulse to live peacefully and in harmony with

others, and whatever conformed to the nature of men was right and just. Whatever is disturbing to social harmony
is wrong and unjust.
The basis of our human rights, in order for us to leave peacefully
We may not violate natural law in order to leave peacefully and harmony with other persons.
C. Positivist states that all rights and authority come from the state and what officials have promulgated, that rights
are enjoyed if recognized and protected by legislation promulgated by the state.
We have all this law that were given to us in order to protect us.
All the laws that are in natural law the congress specifically our legislators will make a law in order to protect our
rights.
D. Marxist emphasizes the interest of society over an individual's interest – communism
The interest of all are more higher than individua interest
E. Functional or sociological approach - human rights exist as a means of social control, that human rights exist to
serve the social interests of society. This approach was developed in the early 20th century when there were
demands for a variety of wants, as help for the unemployed, handicapped, underprivileged, minorities and other
disadvantaged groups.
F. Utilitarian Theory principle that requires governments to maximize the total net sum of citizens. It emphasizes
that an individual cannot be more important than the entire group. An act is good only when it takes into
consideration the interests of the society and tends to augment the happiness of the entire community
The goodness are the interest of the whole as compare to a single person.
G. Theory based on Justice - each person has equal rights to the whole liberties. The general conception of justice
is one of fairness and those social primary goods such as opportunity, income and wealth and self-respect are to
be distributed equally.
Justice for everyone, there must be fairness for all so that everyone has the opportunity, like for example everyone
have an access to income, the distribution of wealth is equally.
H. Theory based on Equality and Respect - government must treat all their citizens equally and must intervene in
order to advance the general welfare.
The government must treat all their citizens equally whether you are rich or poor that is the general welfare act.
I. Theory based on the Dignity of man- this theory proceeds on the premise that human rights means sharing
values of all identified policies upon which human rights depend on. The ultimate goal of this theory is a world
community where there is democratic sharing and distribution of values. All available resources are utilized to the
maximum and the protection of human dignity is recognized. This is better referred to as policy science approach.
For all of us, for the world community, all the people around the world will share or distribute the good values so
that if we will have the good protection of human dignity.
KINDS:
The first generation is known as the first generation of civil and political rights. The second generation is
known as the second generation of economic social and cultural rights. The third generation is known as the third
generation of solidarity rights or collective rights.
1. The first generation of rights gradually evolved over centuries during the long development of democratic society and
serve as a protection of the individuals from the arbitrary exercise of police power.
It means that as the countries around the world are going into a democratic state, for either is much more freedom
given to the people, so the rights must be protected because there might be a problem that the police of the state might be
abusive or arbitrary.
Examples of these rights are:
 The right TO LIFE liberty and security of person
Example:
If you are a prisoner then your sentence is life imprisonment, even if your sentence is life imprisonment
you have the right to live. That’s why death penalty in the Philippines is not applicable.
 Right against torture

- Always respect the rights of every individual
 Right to EQUAL PROTECTION against any discrimination

- Avoid discrimination
 Right against ARBITRARY ARREST and detention

- You should arrest only a person if there are basis for that person to be arrested based on the warrantless arrest
and warrant of arrest.
 Right to a FAIR AND PUBLIC hearing by an independent and impartial tribunal
 Right to be PRESUMED INNOCENT until proven guilty

- if you are arrested you have the right to be presumed innocent until you proven guilty.
 Right to privacy, freedom of opinion and expression, etc.

- Like for example recording the class discussion, you need to ask for permission first before doing because
that is our privacy.
The first generation of civil and political rights is also known as the first generation of liberty rights.
2. The second generation of rights started to be recognized when people realized that possession of the first generation
of liberty rights would be valueless without the enjoyment of economic, social, and cultural rights.
- They are giving more equality to all in order to fulfill the first generator of rights.
The experience of the Third World countries in their struggle against colonialism, the influence of Socialism and the
encyclicals of the Popes all contribute to the development and appreciation of the economic, social, and cultural rights.
 The right to work

- You have the rights to work in order for you to live.
 Right to social security
- You need to secure your future like, paying Phil. health, SSS, PAG-IBIG etc.
 Right to form and to join trade unions
- You have the rights to join trade unions just like GSIS for you to have benefits for your future.
 Right to education
- You need to be educated in order to live or insure a long life.
- You have right to have a good education
 Right to rest and leisure
- Your rights to leave for you to rest
 Right to health
- The right to be admitted in hospitals
 Right to shelter, etc.
- The right for housing.
The second generation of economic, social, and cultural rights is also known as the second generation of equality
rights.
3. The third generation of rights is intended to benefit individuals, groups and peoples and its realization will need
global cooperation based on international solidarity (Rosas and Schciuin, 1999, p. 65).
- is intended to benefit the people or group of people.
 Right to peace
 Right to development,
 Environmental right
- We had to live in a very peaceful environment as well as environment that is worth living for.
 Right of self-determination
- You have the right to decide for yourself to benefit you as a human being.
 Right to food
 Rights of women
 Rights of children, and
 Right to humanitarian disaster relief.
 The latest right is right to water.

This third generation of rights is also known as the third generation of solidarity rights.
Principles
The three principles of human rights are universality, indivisibility, and interdependence.
Universality means that rights belong to and are to be enjoyed by all human beings without distinction of any kind, such
as race, color, sex or language, religion, political and other opinion, national or social origin, property, birth or other
stature. In other words, human rights belong to everyone wherever they are because they are human beings endowed with
dignity (Sarmiento, 1995, p. 49).
- Human rights can be use universally, meaning it applies to all, whatever your race, sex, religion, social class
etc. human rights are applicable to all.
Universality also means that the internationally-recognized human rights are the basic core minimum to be observed
everywhere without regional differences. These human rights belong to everyone, everywhere, by virtue of being human.
No onc,no group, no place in the world should be denied the enjoyment of human rights (p. 50).
The two related principles of indivisibility and interdependence mean that the first generation of liberty rights and the
second generation of equality rights are inter-related and are co-equal in importance. They form an indivisible whole and
only if these rights are guaranteed that an individual can live decently and in dignity (p. 51). The international community
must treat human rights in equal manner, on the same footing, and with the same emphasis (p. 52).
- It means that human rights are indivisible, and it is interdependent we can see parade those rights of course
we the right to live at the same time we have the right to work in order for us to live they are interdependent
to each other.
The experience of Jose W. Dioknotin handling human rights cases involving the marginalized and basic sectors confirms
the validity of the principles of indivisibility and interdependence of human rights. He said:
"As lawyer for small farmers, fishermen, workers, students, and urban poor, many of whom have been detained, most of
whom have been threatened with detention, a few of whom have been shot and wounded, when they were peacefully
exercising their rights of assembly, I have learned the painful lesson that we cannot enjoy civil and political rights unless
we enjoy economic, cultural, and social rights, any more than we can insure our civil and political rights. True, a hungry
man does not have much freedom of choice. But equally true, when a well-fed man does not have freedom of choice, he
cannot protect himself against going hungry" (at p. 51).
- We have to enjoy the civil and political rights together with the economic, cultural and social life.
Characteristics
Human rights are inherent, inalienable, and universal.
Inherent means that rights are the birthright of all human beings, existing independently of the will of either an
individual human being or group. They are not obtained and granted through any human action or intervention
(Piechowiak> 1993, p. 5). When one is born, he carries with him these rights. They cannot be separated or detached from
him.
- Human rights are inherent to us even if we are in the womb of our mother we already have a human right.
- No one give us the human right whether it is individual or group of people no one can us that, when one is
born, he carries him with his rights they cannot separate of detach form him.
Inalienable ("unalienable" according to America's Declaration of Independence) means that no person can
deprive any person these rights and no person can repudiate these rights by himself (p. 6). It also means that these rights
cannot be the subject of the commerce of man.
- You cannot give to other your rights.

- It also means that these rights cannot be the subject of the commerce of man.
Universal means that these rights belong to every human being, no matter what he or she is like (p. 5). Because
rights are universal, its promotion and protection are the duty of all States, regardless of cultural, economic or political
systems.
- Human rights is universal it applies to all, whatever you race, sex, religion, social class etc. human rights are
applicable to all.
Components
The four components of a human right are a subject or a right holder, a duty-holder, an object and implementation.

A subject or a right-holder is an individual (natural person), a group of individuals or a non-governmental
organization entitled to rights under the law and can take legal action to protect or to promote those rights (Drzewicki,
1993, p. 28).
- The right holder is either individual person or a group of persons that have rights that needs to protect and to
promote na may kaakibat na duties and responsibility.
- The right to drive a vehicle, you have the right to drive vehicle but you have a responsibility like you have the
right to get a license in other for to drive a vehicle.
A duty-holder is an entity, normally a State that is obliged to respect, to ensure and to protect the subject's rights
or demands. In human rights, States are considered a duty holders rather than subjects though in international law the role
of States as subjects is recognized as incontestable (pp. 28-29).
- It is the state that is responsible to respect, to ensure and to protect our rights.
- If you are working in the government, you a duty holder at the same time you are a right holder.
An object is the content of any given right and any duty of the holder of the right and the holder of the obligation.
This right and this duty are the human values and needs which are found in human rights rules and norms (p. 29).
- These the rights that needs to protect, or that should not to violate.
The implementation is a set of measures, approaches, and initiatives designed to realize the right concerned: This
includes laws, administrative measures, legal writs and mechanisms adopted by the three branches of government,
namely, Congress, Executive and Judiciary (p. 29).
- They will make a laws that is in relation to human right and they will be implement.
Congress – are the makers of the law.

Executive – are the implementors of the law
Judiciary – will check for the implementation of the law.
A sample subject or right-holder and an object or content of a human right can be found in Article III, Section 12
of the 1987 Constitution that provides.
"1. Any person under investigation for the commission of an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel preferably of his own choice."
There are many more in the Article on the Bill of Rights and Article on Social Justice and Human Rights of the
1987 Constitution.
Stages
The three stages of human rights are idealization, positivization, and realization.
Idealization means that notions about human rights have started in the realm of ideas that reflect a consciousness against
oppression, dehumanization or inadequate performance by the State ([Drzewicki, 1993, p. 25).
- During the oldest time they have the ideas about human rights, and they reflect a consciousness against
oppression, dehumanization performance of the state that why the idea of human rights comes from them.
Positivization is the second stage where support for the ideas became strong and the stage is set to incorporate them into
some legal instruments, whether domestic law or international law (p. 25).
- From the idea that they came up with and they will put it to the right thing, so they have the positivization that
we have in a right thing that become part of our law whether it is domestic law or international law.
Realization is the last stage where these rights are enjoyed by the citizens of the State by the transformation of the social,
economic, and political order (p.25)
Three Obligations of State Parties
State Parties to International Covenants have obligations: obligation to respect, obligation to ensure, and obligation to
protect.
- State parties are the countries who are part of the international covenants in relation to human rights.
Article 2(1) of the International Covenant on Civil and Political Rights (ICCPR) contain the obligation to respect. It
indicates the negative character of civil and political rights, commanding State Parties to refrain from restricting the

exercise of these rights where such is not expressly allowed. Take the example of prohibition of torture in Article 7 of
ICCPR. It is absolute, meaning, States must refrain from practicing torture under all circumstances. Other provisions like
right to life in Article 6(1) of ICCPR or the protection of privacy in Article 17 of ICCPR only prohibit arbitrary
interference. Other provisions like the political freedoms in Articles 18, 19, 21, and 22 of ICCPR authorize the State
Parties to impose restrictions (Nowak, 1997, p. 87).
- We should not stop to respect to human rights, since we are part of the international covenant on civil and
political, so that we need to implement that.
Article 2(1) of the same International Covenant on Civil and Political Rights (ICCPR) containing the obligation to ensure
indicates the positive character of the civil and political rights and the economic, social, and cultural rights. Under the
obligation, State Parties must be proactive to enable individuals to enjoy their rights.
- We have to make it sure that our state, public government that we are enjoying the rights that is given to us.
In concrete, this means that State Parties has the obligation under Article 2(2) to adopt executive, judicial, and legislative
measures, to provide an effective remedy to victims of human rights violators under Article 2(3) and to safeguard certain
rights by means of procedural guarantees and legal institutions (p. 87).
- The government should make laws for the effective remedy if you are victim of human rights violation, make
it sure that the government make a way in order that your right will be protected.
The obligation to ensure includes the obligation to protect. And this means preventing private individuals, groups or
entities from interfering with the individual's civil and political rights. The horizontal efforts (application of human rights
between individuals or other private subjects) depend on the wording of a given right. For example, the prohibition of
slavery in Article 8 of ICCPR or the prohibition of advocacy of racial hatred in Article 20 of ICCPR applies primarily on
the horizontal level. The right to the protection of law under Articles 6, 17, 23, 24, and 26 signify the need to take positive
means, to protect children, the family and the rights to life, liberty and equality (pp. 87 88). I
- We have to protect the right of the children.
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW
The 1987 Constitution
The basic source of human rights law in the Philippines is The 1987 Constitution. It is rich in human rights
content and constitutes a vast improvement of the previous Philippine Constitutions, namely, The 1897 Biak-na-Bato
Constitution, The 1899 Malolos constitution, The 1935 Constitution, The 1943 Constitution, The 1973 Constitution and
The 1986 Freedom Constitution. In it are found the first generation of rights (Article III, Bill of Rights), the second
generation of rights (Article XII, National Economy and Patrimony; Article XIII, Social Justice and Human Rights;
Article XIV, Education, Science and Technology, Arts, Culture and Sports) and the third generation of rights (Article II,
Declaration of Principles and State Policies; Article XV, The Family),
A novel feature of the 1987 Constitution is the independent constitutional office called the Commission on
Human Rights, one of the first national human rights commissions in the world. Two of its important functions under
Section 18, Article XIII of The 1987 Constitution are to investigate human rights violations involving civil and political
rights either committed by the government or by non-governmental entities and to establish a program of education and
information to enhance respect for the primacy of human rights.
The 1987 Constitution is sometimes called a Human Rights Constitution because of its many human rights and
human rights related provisions found in several of its Articles.
The 1987 Constitution is the seventh Constitution drafted by Filipinos.
 The 1897 Biak-na-Bato Constitution

 The 1899 Malolos were Constitution
 The 1935 Constitution
 The 1943 Constitution
 The 1973 Constitution and
 The 1986 Freedom Constitution. \

TAKE NOTE: All seven Constitutions have provisions on human rights.
The Commission on Human Rights (CHR)

- Is an independent National Human Rights Institution (NHRI)

- Created under the 1987 Philippine Constitution, established on 05 May 1987 by virtue of Executive Order
No. 163.
- Is the independent constitution office.
- Investigate human rights violation.
- Is mandated to conduct investigations on human rights violations against marginalized and vulnerable sectors
of the society, involving civil and political rights.
 Vulnerable (the youth, women)

 Marginalized (lower class, those people of squatter area)
- CHR is an "A" accredited NHRI, fully complying with the Paris Principles adopted by the United Nations
General Assembly in 1995. As an NHRI, the Commission
- upholds six fundamental characteristics
 independence
 pluralism
 broad mandate
 transparency
 accessibility, and
 operational efficiency
HISTORY OF HUMAN RIGHTS
- The CHR was created as a response to the atrocities committed during Martial Law.
- When the 1987 Philippine Constitution was drafted, Article XIII on Social Justice and Human Rights
clearly defined the creation of the CHR.
- During the martial law the CHR is not net established, that why there are many violations on Human
Rights and under sec. 17-18, Art. XIII, Phil. Constitution during the term of Corazon Aquino, she
declared the existence of CHR, and she improved.
- The Commission on Human Rights.... (to) investigate, on its own or on complaint by any party, all forms
of human rights violations Involving civil and political rights..."
(Sec. 17-18, Art. XIII, Philippine Constitution)
"I, Corazon C. Aquino, President of the Philippines... do hereby (declare) the Commission on Human Rights as provided
under Article XIII of the 1987 Constitution to be now in existence..."(Executive Order No. 163) Source: chr.gov.ph
- The 1987 Philippine Constitution primarily gave CHR the mandate to protect and promote the rights and
dignity of every human being in the country.
- The State values the dignity of every human person and guarantees full respect for human rights. (Sec.
11, Art. II, Philippine Constitution)
- The Congress shall give highest priority to the enactment of measures that protect land enhance the right
of all the people to human dignity, reduce social, economic and political inequalities, and remove cultural
inequalities by equitably diffusing wealth and political power for the common good. (Sec. 1, Art. XIII,
Philippine Constitution)
The International Bill of Rights
The 1987 Constitution contains an Incorporation Clause found in its Article II, Section 2, stating "[The
Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international
law as part of the land
- All of the International law which the Philippine signed such as Humanitarian Law, International Law or
any law that was made by all countries of the Un, then it will become part of the law.
This clause made possible the application in the Philippines of the human rights principles stated in the
International Bill of Rights
Composed of the threesome
 Universal Declaration of Human Rights,

 The International Covenant on Civil and Political Rights and the
 International Covenant on Economic, Social and Cultural Rights).
U Thant, former Secretary General of the United Nations has called the three documents plus the Optional
Protocol to the Covenant on Civil and Political Rights as "a Magna Carta for mankind" and "is the essential
prerequisite for peace at home and O in the world."
Magna carta is great charter - true
 The Commission on Human Rights of the United Nations was tasked to prepare the Universal Declaration of
Human Rights.
 On December 10, 1948
- The General Assembly adopted the Declaration at the Chaillot Palace in Paris.
- The Declaration was adopted by 48 votes in favor, none against and eight abstentions
 Byelorussia
 Czechoslovakia
 Poland
 Saudi Arabia
 South Africa
 Ukraine
 USSR, and
 Yugoslavia
- 8 meetings over almost 2 years, adopted the draft declaration.
Preamble to the declaration of Human Rights
- It is important because it refers to the concept of inherent human dignity, inalienable nature of Human
Rights.
- Calls for Inter-cultural consensus.

 We had common understanding and agreement for our rights and freedom (main purpose of
preamble)
it refers to the concepts of inherent human dignity and the inalienable nature of human rights as the philosophical
sources of the Declaration and inspiration for further development of human rights. The Preamble calls for inter-cultural
consensus by indicating that "a common understanding of the rights and freedoms is of greatest importance for the full
realization" of the pledge of Members of t United Nations to achieve the promotion of universal respect for and
observance of human rights and fundamental freedoms.
-
Universal Declaration of Human Rights
- The first internationally adopted catalogue of human rights.
- One of the best legal instruments on human rights ever adopted.
- Guinness World Record for most translated document in the world.
- Former High Commissioner for Human Rights, Mary Robinson, said that the common language of
humanity, the language of human rights, is enshrined in the Declaration.
Philosophy
The other sources of human rights are philosophy and religion.

 John Locke
 Jean Jacques Rousseau
 Baron de Montesquieu
 Immanuel Kant Has a contribution in the development of the HR
 Thomas Hobbes
 John Stuart Mill and

These Western thinkers inspired the formulation of the Universal Declaration of Human Rights the English Bill of
Rights (1689), the American Declaration of Independence (1776), the French Declaration of the Rights of Man and of the
Citizens (1798) and other human rights instruments,
John Locke (1632-1704)
- Wrote the Second Treatise of Government.

- He argued that sovereignty resides in the people.
- Explained the nature of government in terms of natural rights and social contract.
- He wrote that legitimate government is instituted by the covenant of the government
- Legitimate government is duty-bound to preserve the rights of life, liberty, health and property of its
citizens
- To prosecute and punish those who violate the rights of others and to pursue the public good. This social
contract theory is what permeates many national constitutions today).
Jean Jacques Rousseau (1712-1978)
- A Franco-Swiss philosopher
- Authored his masterpiece "The Social Contract"
 He claimed that dapat isurrender mo yung Karapatan mo para sa Karapatan ng lahat dahil
naman lahat ay equal yung rights, kumbaga, issurender yung rights pag meron kang naviolate
sa batas or for example ngayung pandemic, need mag lockdown kaya need mo issurender
yung rights mong lumabas.
Baron de Montesquieu (1689-1755)
- A French philosopher
- Wrote "The Spirit of the Laws* his magnum opus, to explain human laws and institutions.
- He saw despotism "a single person directs everything by his own will and caprice
 Siya yung nag umpisa ng separation of power of the government and they adopted the
modern government.
Religion
- Another source of Human Rights
- Embedded in the sacred scriptures and books of the world’s sanctity of life, conscience etc.
-
Embedded in the sacred scriptures and books of the world's religions are lessons and teachings on human dignity,
sanctity of life, worth of conscience, social justice, respect for the integrity of creation, rights of prisoners, rights of
persons with disabilities, rights of minorities, rights of children, etc. In Christianity, one finds them in the Old Testament
and New Testament..
Isaiah 61:1-3
- instructs us "to bring good news to the poor," "to heal the broken hearted," and "to announce release to
captives."
Matthew 26:35
- those who are blessed by God shall give food to the hungry, drink to the thirsty etc..
Koran 5:2
- "who so slays a soul not to retaliate for a soul slain, nor for corruption done in the land, shall be us if he
had slain mankind altogether.”
- Do not retaliate to someone who done something wrong to you.
Koran 2:84
- requires that "Ye shall not shed your brother's blood, nor dispossess one another of your habitations."
International Bill of Rights Collective name for the UDHR and two other human right treaties (IICCPR and
ICESCR)
a. 1948 Universal Declaration of Human Rights

- is not a treaty but has evolved into general principles of international law
- Contains a preamble and 30 articles.
b. 1966 International Covenant on Civil and Political Rights

1. First Optional Protocol
- jurisdiction of human rights committee to receive and consider communications from those who are
victims of human rights violation.
2. Second Optional Protocol

- abolition of death penalty
c. 1966 International Covenant on Economic, Social and Cultural Rights
d. 1987 Philippine Constitution, Contains the Preamble, Article II which stipulates the State's principle of adhering
to human rights and international laws promoting the same and Article III which constitutes the Bill of Rights
Classification of Human Rights:
1. First Generation (Political Rights and Civil Liberties)
- Prohibition against searches and seizures, undue intervention to freedom of expression. Rights expressed
in the "negative".
a. Right to Life
b. Freedom against torture and inhumane prison conditions
c. Equality before the Law
d. Right to Liberty, Freedom from Arbitrary Detention
e. Freedom Against Slavery
f. Freedom of Movement
g. Right to Security
RIGHT TO LIFE ICCPR
- Article 6 (1) Every human being has the inherent right to life.
- This right shall be protected by law.
- No one shall be arbitrarily deprived of his life.
FREEDOM AGAINST TORTURE AND INHUMAN PRISON CONDITIONS ICCPR,
Article 7. "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular,
no one shall be subjected without his free consent to medical or scientific experimentation."
- Hindi pwedeng basta ka nalang kunin para maging isang medical experiment
- But yung mga cadaver ay pwedeng kunin para maging medical experiment kung matagal na sas morgue
at walng nag claim.
EQUITY BEFORE THE LAW
Article 26, ICCPR. All persons are equal before the law and are entitled without any discrimination to the equal protection
of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Section 1, Article III No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
RIGHT TO LIBERTY, FREEDOM FROM ARBITRARY ARREST
Article 8, ICCPR,
 No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

- Makakasuhan ang lahat nang nag commit ng slavery.
 No one shall be held in servitude.
- Article 11, ICCPR. No one shall be imprisoned merely on the ground of inability to fulfil a contractual
obligation.
- It means they prohibit working forcefully.
- Kapag hindi mo sinunod ang nasa kontrata it means hindi ka naman agad makukulong it will undergo
process
ARBITRARY ARREST
- Unlawful arrest
Warrantless Arrests Rule 113 SEC. 5. Arrest without warrant; when lawful.
A peace officer or a private person may, without a warrant, arrest a person
a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit
an offense;
- When in his presence, kasalukuyang ginagawa or ginagagwa palang ang isang criminal act.
b. When an offense has just been committed and he has probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has committed it; and
- Base on probable cause.
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.
- Tumakas sa bilanguhan/kulongan.
- NOTE: kahit pa nahuli niyo sila there is still a presumption of innocence because there is no final
judgement yet and the fiscal will examine if the warrantless arrest is valid.
Article 9, ICCPR.
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.
No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are
established by law.
- WRIT OF HABEAS CORPUS – for the release of the body of the person that was illegally detained.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly
informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It
shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to
guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for
execution of the judgement.
- Pag inarrest niyo yung isang tao wag niyong tagalan yung pag file ng kaso, ireport niyo agad (yung kay
dean dati is dapat within 12, 18, and 36 hrs.)
- After the arraignment the accused will undergo all trial within 180 days or 6 months except kung
madaming witness and mag request yung court admin na hahabaan yung haring ng case.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in
order that that court may decide without delay on the lawfulness of his detention and order his release if the
detention is not lawful.
- Pag nag arrest titignan ng fiscal yung instances of warrantless arrest kung valid ba and pag valid is
ifoforward ang case and pag hindi naman ay case dismissed.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
- Pwede mo kasuhan yung mga nag commit ng unlawful arrest sayo (arbitrary arrest).
FREEDOM AGAINST SLAVERY
Article 8.
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
FREEDOM OF MOVEMENT ICCPR,
Article 12.
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement
and freedom to choose his residence.
- May Karapatan tayong pumili kung saan tayo titira.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are
necessary to protect national security, public order (order public), public health or morals or the rights and
freedoms of others, and are consistent with the other rights recognized in the present Covenant.
- Pwede muna irestrict yung freedom to movement ngayung pandemic to protect the public health and
safety.
4. No one shall be arbitrarily deprived of the right to enter his own country.
- OFW ka tapos bumalik ka sa country mo the pwede yun.
1987 Constitution, Article III, Section 6
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public
safety, or public health, as may be provided by law
- Kung gusto mong lumipat ng tirahan, okay lang yun not unless may order and court na di ka muna pwede
pumunta sa ibang bansa dahil may kaso ka sa Ph.
- You have the right to travel not unless may public health issue of security
RIGHT TO SECURITY ICCPR
Article 17.
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence,
nor to unlawful attacks on his honor and reputation.
- Hindi pwedeng basta basta naglang manghihimasok sa privacy mo.
2. Everyone has the right to the protection of the law against such interference and attacks.
1987 Constitution, Article III, Section 2
1. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
Objects of Seizure: Rule 126, SEC. 3.
Personal property to be seized.

A search warrant may be issued for the search and seizure of personal property:

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, or fruits of the offense; or
c. Used or intended to be used as the means of committing an offense.
Warrantless Searches; Valid Waiver
1. PEOPLE VS. OMAWENG, 213 SCRA 462 (1992)

- The Court held that a person who consented to the search of his vehicle cannot thereafter complain that he
was illegally searched.
- Checkpoint
2. VEROY VS. LAYAGUE, 210 SCRA 97 (1992)

- The consent to check if there were rebels inside the house was not consent to conduct a room to room
search.
3. LOPEZ VS. COMM OF CUSTOMS, 68 SCRA 320 (1975)

- The consent of a "manicurist by profession" who was, as the time, in the hotel room, was a valid waiver
that authorized the search of the hotel room.
Incidental to a Lawful Arrest Rule 126, SEC. 13.
Search incident to lawful arrest.

A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant.
1. PEOPLE V. MALMSTEDT, 198 SCRA 401 (1991)

- The search of a suspicious looking pouch on the waist of Malmstedt was valid considering that there was
probable cause to arrest him. The Court also held that the search of the two bags under the control of
Malmstadt was an incident to a lawful arrest.
- Suspicious si Malmstedt and nag searach yung mga pilis sa isang bus nung nalaman nil ana may
isangtourist na may dalang kakaiba, pag ganu ay pwede na nilang arestuhin agad kasi kitang kit ana yung
illegal article.
2. PEOPLE VS. LIBNAO, ET. AL., G.R. NO. 136860, JANUARY 20, 2003
- A search at a checkpoint that was set up as a result of months of surveillance and intelligence information
and done contemporaneously with a valid warrantless arrest is a valid search.
- Parang yung kay dean na people of the phil vs. go.
- Checpoint, pag may consent it will be considered as legal or lawful arrest search.
PLAIN VIEW
The Plain View Doctrine Objects in the
1. plain view of a law enforcement officer who has a
2. right to be in the position to have the view are subject to seizure and may be presented in evidence.
Elements of Plain View:
1. A previous valid intrusion

- Legal yung pag pasok mo.
2. Evidence is inadvertently discovered

- Nadiscover niyo lang na ganun wala kayong ginalaw.
3. Evidence is apparently illegal
4. Seizure of the item without further search.
1. PADILLA V. CA, 269 SCRA 402 (1997)
- The Court held that when Padilla raised his hand and thereby exposed the handgun tucked in his waist,
the gun was a plain view of the officers and may be seized. Same is true of the armalite magazine in his
pocket, as well as the baby armalite which was in plain view when Padilla opened his vehicle.
- Tinaas ni padilla yung kamay niya and may Nakita sa bewang niya nab aril and sa case na ito is pwedeng
kunin na agad ng officer yung illegal article because it is in the plain view doctrine.
CIVIL AND POLITICAL RIGHTS (FIRST GENERATION OF RIGHTS)
Bill of Rights In The 1987 Constitution
The Bill of Rights is a regular fixture in all Philippine Constitution, except in the Biak-na-Bato Constitution of
1897.
In the 1935 Constitution, the 1973 Constitution and the 1986 Freedom Constitution, it was called Bill of Rights.
In the 1943 Constitution, it was called Duties and Rights of the Citizen and in the 1899 Malolos Constitution, it
was called The Filipinos and Their National and Individual Rights. It is Bill of Rights in the 1987 Constitution.
The Bill of Rights is an enumeration of civil and political rights that are self-executing (no need of implementing
legislation) and serves as a restriction upon the powers of the State.
All of the those in the bill of right under the constitution is self-executing.
Government, in order to preserve constitutional harmony and stability has to honor and respect these rights while
exercising its fundamental powers like police power, eminent domain, o and taxation.
"What the Bill of Rights does," wrote Fr. Joaquin Bernas, S.J., "is to declare some forbidden zones in the private
sphere inaccessible to any power holder" (I Record of the Constitutional Commission of 1986, p 647)
All of our right have forbidden zone, in order to not violate our rights.
The Bill of Rights in the 1987 Constitution traces its beginning to Britain's 1689 Declaration of Rights that
later on became known as Bill of Rights of 1689.
The Bill of Rights of 1689 recognized, among others, the right of the subjects to petition the king, the free election
of members of Parliament, the freedom of speech and debates in Parliament, the prohibition against excessive bail and
excessive fines and the non-infliction of cruel and unusual punishment.
The Bill of Rights of 1689 influenced the inclusion of Bill of Rights in the State Constitutions of Massachusetts,
New Jersey, and Virgina and finally the introduction of the first 10 amendments to the US. Constitution which are now
known as the Bill of Rights of 1791.
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law
Humanitarian Law
It sets rules which seek for humanitarian reason to limit the effects of arm conflicts, it protects person who are not
or no longer participating in the hostilities and restricts the means and methods of warfare.
International Humanitarian Law
It deals more with the rights of every individual if there is a conflict of laws, it will the effects and protect the
person in times of war.
This is the first substantive agreement signed by the Negotiating Panels of the Government of the Republic of the
Philippines and the National Democratic Front on March 16,1998 in The Hague, The Netherlands. It took many
years of peace talks between the two Panels at various venues at The Netherlands and of consultations with their
principals before the draft was completed and signed.
This Comprehensive Agreement consists of seven parts.
They are:
1. the Preamble which introduces the Agreement and articulates the reasons for and the intention of the parties in
entering into the Agreement
2. Declaration of Principles
3. Bases, Scope, and Applicability
4. Respect for Human Rights
5. Respect for International Humanitarian Law

6. Joint Monitoring Committee; and
7. Final Provisions
The three principles of human rights, namely, universality, indivisibility, and interdependence are enunciated in the
Agreement through numerous rights like the right
of the people to oppose oppression and tyranny;
- the right of the victims and their families to adequate compensation and indemnification, restitution, and
rehabilitation
- the right to effective sanctions and guarantees against repetition of human rights violations and impunity;
the right against summary executions (salvaging) and involuntary disappearances;
- the right not to be subjected to physical or mental torture, solitary confinement, rape, and sexual abuse;
the equal
- right of women in all fields of endeavor; the right of children and disabled to protection, care and a home;
- the rights of the minority communities in the Philippines to autonomy, to their ancestral lands and the
natural resources in these lands, etc.
repo Declaration of Human Rights
Article 3 to Article 21 of the Declaration contains the catalogue of civil and political rights of the first generation.
These are the:
- right to life, liberty, and security
- freedom from slavery and servitude
- freedom from torture and inhuman treatment or punishment
- he right to recognition as a person before the law; freedom from arbitrary arrest, detention or exile
- the right to equal protection of the law
- the right to an effective remedy
- the right to a fair trial
- the right to privacy
- freedom of movement and residence
- the right to nationality
- freedom of thought, conscience and religion
- freedom of opinion and expression
- freedom of assembly and association
- the right to property
- the right to participate in government, etc.
International Covenant on Civil and Political Rights
This Covenant was adopted unanimously by 106 States and entered into force in 1976. It is divided into a Preamble and
six parts.
Parts I to III (Articles 1 to 27) contain all substantive rights and some general provisions like prohibition of discrimination
and misuse, gender equality, a derogation and a savings clause.

Parts IV to VI (Articles 28 to 53)^ contain the international monitoring provisions, some principles of interpretation and
final clauses (Nowak, 1999, pp. 84 85).
The individual rights enumerated in Part III include:
- right to life (Article 6)
- the prohibition of torture and inhuman prison conditions (Articles 7 and 10)
- the prohibition of slavery (Article 8)
- the right to personal liberty and security, including prohibition of detention for debt (Articles 9 and 11)
- freedom of movement and protection of aliens against arbitrary expulsion (Articles 12 and 13)
- procedural guarantees in civil and criminal trials including prohibition of retroactive criminal laws (Articles 14 and
15)
- recognition, of legal personality (Article 16), etc.
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS (SECOND GENERATION OF RIGHTS)
Social Justice and Human Rights in The 1987 Constitution
The Article on Social Justice and Human Rights is an innovation in the 1987 Constitution. It is not found in
previous Philippine Constitutions.
It contains:
- rich inventory of economic, social and cultural rights like rights of all workers to self-organization,
- collective bargaining, and negotiations, and peaceful concerted activities
- right to security of tenure, humane conditions of work, and a living wage
- right to agrarian and natural resources reform
- right to urban land reform and housing
- right to health
- right of working women by providing them safe and healthful working conditions.
Social justice is not defined in the 1987 Constitution. But Commissioner Teresa Nieva, Chairperson of the
Committee on Social Justice in the 1986 Constitutional Commission, said that social justice is the centerpiece of the
1987 Constitution and rights, dignity, and participation remain illusory without social justice is still useless.
It was Jose P. Laurel, in Calalang v. Williams (70 Phil. 726), who defined social justice as "neither communism nor
despotism, not atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by
the State so that justice o in its rational and objectively secular conception may at least be approximated.
- The law should be equal as to the social, for general welfare protection to have social justice without
inequality.
The inclusion of the second generation of rights found in the Article on Social Justice and human Rights of The
1987 Constitution is an acknowledgment of its equally important status vis-a-vis the first generation of rights.
Universal Declaration of Human Rights
The Declaration is not only a repository of the first generation of rights but also of the second generation of rights.
Articles 22 to 27 enumerates these rights as the:
- right to social security
- the right to work
- the right to rest and leisure

- the right to an adequate standard of living
- the right to education and the right to participate in the cultural life
The second generation of rights in the Declaration has served as an inspirational tool for regional human rights
instruments and national constitutions.
- The African Charter on Human and People's Rights protects the right to work in Article 15
- the right to health in Article 16, and
- the right to education in Article 17. T
The European Social Charter recognizes;
- right to work to favorable working conditions
- the right to join trade unions and to take collective labor in Articles 1 to 10
- the right to health in Article 11

- the right to social security, including the right to medical assistance and right to social welfare services in
Articles 12 to 14.
International Covenant on Economic, Social, and Cultural Rights:
This Covenant. is the sister covenant of the International Covenant on Civil and Political Rights. The two sister covenants
were adopted unanimously by 106 States.
The Covenant consists;
- 31 Articles contained in six sections
- the Preamble and Parts I to V
The meat of the Covenant is found in Part III that lists the rights to be protected.
These rights are;
- the right to work (Article 6)
- the right to fair conditions of employment (Article 7)
- the right to join and form trade unions (Article 8)
- the right to social security (Article 9)
- the right to protection of the family (Article 10)
- the right to an adequate standard of living, including the right to food, clothing, and housing (Article 11)
- the right to health (Article 12)
- the right to education (Article 13)
- and the right to culture (Article 15).
Several international instruments affirm these rights mentioned in the Covenant. These instruments include the;
- International Convention on the Rights of the Child (Articles 24-31)
- the Convention on the Elimination of All Forms of Discrimination Against Women (Article 1) and certain
instruments of the International Labor Organization (ILO)

- Recognition is given to economic, social and cultural rights in the African Charter on Human and People's
Rights and in the European Social Charter (ESC) (p. 104).
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Briefly explain what is meant by economic, social and cultural rights
They are the commitments of the state for opportunities to achieve equality and distributive justice to its citizens
such as the right to food, clothing, housing and education. It included the right to work with fair and just wages, decent
working conditions, and protection of the family to maintain the decent standard of living.
Basically, when talking about the economic, social, and cultural rights of an individual, on how a person would
develop him or herself economically in order to achieve the following rights
Why are these rights considered as "social welfare rights"
They are generally stated as positive undertakings or obligations of the government to ensure economic wellbeing
of the people.
Why are these rights also called "Affirmative rights"
They are viewed as goals or aspirations that government should provide for its citizens depending upon its
resources.
Mention some provisions in the Philippine Constitution on Economic rights, Social rights, and Cultural rights.
1. Art. XII on the National Economy and Patrimony
2. Art. XIII on Social Justice and Human Rights, Agrarian and Natural Resources, Urban Land, Reform and
Housing, Health Women
3. Art. XIV on Education, Science and Technology, Arts, Culture and Sports
4. Art. XV on the family
What are the obligations of developed and industrialized countries towards Third World Countries on economic,
social and cultural rights?
State Parties are obliged to take steps, individually and through international assistance and cooperation,
especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the
full realization of the rights recognized in the present covenant.
Both stare parties must make an agreement on how they will be going to give assistance to the third world
countries through cooperation.
What are the main purposes of the economic rights? Cite examples and explain.
To promote high standard of living, full enjoyment and conditions of economic and social progress and
development.
What do you mean by social rights? Cite examples.
Social rights are those rights concerned with basic human needs.
Ex:
1. Right to development
2. Right to self Determination
3. Right of Workers to Self-Organization
4. Right to Work under Decent Living Conditions
5. Right to Work in Third World Countries
6. Right to Strike
7. Right to Strike as Against Property Rights

8. Right to Social Security
9. Protection of and Assistance to Family.
10. Right to Education and Development of Human Personality
11. Right to Students and Academic Freedom
12. Participation in Cultural Life and Benefits of Scientific Progress
13. Religious Education and Instruction
14. Right to High Standard of Physical and Mental Health
What do you mean by cultural rights? Cite examples and explain.
Rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity
and non-discrimination.
Ex:
1. Right to provide funds for the promotion of cultural development
2. Promotion of awareness and enjoyment of the cultural heritage of national ethnic groups and minorities and of
indigenous peoples.
3. Preservation and presentation of mankind's cultural heritage
4. Legislation protecting the freedom of artistic creation and performance
SOLIDARITY/COLLECTIVE RIGHTS (THIRD GENERATION OF RIGHTS) Peace, Development,

Environment
Right to peace belongs to the category of solidarity/collective rights. It is universally recognized that peoples of
the earth have a sacred right to peace and that the preservation of the right of peoples to peace and the promotion of its
implementation constitute a fundamental obligation of each State (Declaration on the Right of Peoples to Peace, 984).
Conflicts of an international character and non-international character have resulted in millions of casualties and
have caused untold sufferings to peoples of the world. Although the number of conflicts of an international character has
declined since World War II, it is estimated that conflicts of a non-intentional character, internal conflicts and tyrannical
regime victimization during the course of the twentieth century have resulted in more than 170 million deaths (.Bassiouni,
1996, p. 322).
Basically, conflicts among states have resulted a million of person to die, just like in world war 1, world war 11.
Likewise, within the domestic of in the country, conflict in every country causes a million death of peoples.
The right to development was proclaimed in the UN Declaration on the Right to Development (1986). It is also
recognized in the African Charter on Human Rights and People's Rights and the Arab Charter on Human Rights.
It is re-affirmed in instruments like;
- The 1992 Rio Declaration on Environment and Development
- The 1993 Vienna Declaration and Program of Action
- The Millennium Declaration, the 2002 Monterey Consensus
- The 2005 World Summit Outcome Document and the 2007 Declaration on the Rights of Indigenous Peoples
What is meant by Right of Development? Cite concrete examples.
Inalienable human right by virtue of which every human person and all people are entitled to participate in,
contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental
freedoms can be fully realized.

Ex:
1. Economic prosperity – if we have peace among people.
2. Social, political and cultural empowerment – empower other people to do something good for the betterment,
development.
3. Social reform – like for example is the license
4. Economic reform – foreign that want to have a business in the Philippines
5. Agriculture reform – solution for the farmers problem
6. Agrarian reform and natural resources – land should be distributed correctly
7. Infrastructure development – like example is the 3B program
8. Governance and development financing – how the government will manage the funds of the government
Women, Children, Persons With Disabilities, Indigenous Peoples
Women
Women, children, persons with disabilities and indigenous peoples are among the world's vulnerable,
disadvantaged and marginalized groups of people or sectors. They have rights but these are violated.
Women, though they comprise one-half of humanity, face persistent and widespread denial of their basic rights.
This denial restricts their choices, increase their vulnerability to violence and make it difficult for them to obtain justice.
Examples of this denial include
- Over half a million women continue to die each year from pregnancy and childbirth-related causes
- Rates of HIV infection among women are rapidly increasing partly because of their economic and social
vulnerability
- Gender-based violence kills and disables as many women between the ages 15 and 44 as cancer
- Women are twice as likely as men to be illiterate

(In Afghanistan women do not go to school)
- Women still earn less than men, even for similar kinds of work and many countries that have ratified the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) still have
discriminatory laws governing marriage, land, property and inheritance.
1. Mention the persons or group of persons who are most vulnerable to violations of human rights?
1. Women
2. Children
3. Youth
4. Indigenous Cultural Minorities
5. Muslim Population
6. Elderly
7. Disabled People
8. Mentally Disabled People
9. Prisoners and Detainees
10. Internally Displaced People
11. Migrant Workers
12. Urban Poor
13. Refugees and Stateless Persons.
14. Laborers (Public, Private and Informal)
15. Rural Workers
16. Peasants and Fishermen
17. House helpers
What are the factors or reasons why they are vulnerable to violations of human rights?
Due to their Origin, status and conditions.

1. Cite concrete examples of each sector.
1. Children
a. Children in Emergency Situations
b. Zones of Peace, children recruited in Warfare
c. Children in Conflict with the Law
d. Child Labor
e. Children of Migrant Workers
f. Children of Indigenous Tribes and Transnational Children
g. Children of Families with HIV
h. Children of Refugees Children as House helpers
2. Women
a. Rape
b. sexually abused
c. exploited women
3. Youth
a. In- School Youth
b. Out-Of-School Youth
c. Working Youth and
d. Special Youth
4. Elderly
a. Senior Citizens
b. Abandoned elderly in home for the aged
c. those belonging to poor families
5. Disabled People
a. Deaf
b. Mute
c. Blind
d. Incompent
e. Cripple
f. pwds)
6. Mentally Disabled People

a. physically and sexually abused persons
7. Prisoners and Detainees

a. wrongfully convicted
b. juveniles
8. Migrant Workers (OFWs)
9. Urban Poor
a. street children
b. families in urban areas with incomes below the poverty line
c. slums
10. Internally Displaced People
11. Laborers (Public, Private and Informal)
12. Rural Workers

13. Peasants and Fishermen (Agri workers)
14. House helpers (even children)
Children
Although they are the world's future, children across the globe are denied their rights. They are exploited, abused,
maltreated, deprived of education, söld, subjected to cruel methods of punishment, and discriminated against. These
children are the street children, child workers, child brides, child combatants, child abductees, child offenders living lives
without parole, child refugee, and children without education.

Children as human beings have rights and because of their vulnerability are in need of special care, attention and
protection. The full range of human rights that children should enjoy is found in the Convention on the Rights of the
Child, the first legally binding international instrument on children's rights.
This Convention enumerates three basic rights that children everywhere should have namely:
a. the right to survival

b. the right to develop to the fullest
c. to protection from harmful influences
d. abuse and exploitation
e. and to participate fully in family
f. cultural and social life
To prevent the growing abuse and exploitation of children worldwide, the UN General Assembly in 2000 adopted two
Optional Protocols to the Convention.
The first is the Optional Protocol on the involvement of children in armed recruitment and requires States to do
everything they can to prevent children under the age of 18 from taking direct part in hostilities.
The second is the Optional Protocol on the sale of children, child prostitution, and child pornography that draws special
attention to the criminalization of serious violations of human rights and emphasizes the need for public awareness and
international cooperation to combat them.
Persons With Disabilities (PWDs)
Article 1 of the UN Convention on the Rights of Persons With Disabilities (2008) defines persons with disabilities
as those "who have long-term physical, mental, intellectual or sensory impairments, which in interaction with
various barriers may hinder them full and effective participation in society on an equal basis with others."
Republic Act No. 7277 (Magna Carta for Disabled Persons), 1992, defines them as "those suffering from
restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in
the manner or within the range considered normal for a human being."
PWDs suffer from discrimination and often do not enjoy the same opportunities like other people because of lack
of access to essential services. These vulnerable groups that face discrimination include women, children, elders, victims
of torture, refugees, displaced persons and immigrant workers.
Indigenous Peoples
Indigenous peoples are those that have historically belonged to a particular region or country before its
colonization or transformation into a nation, state and may have different - often unique -- cultural, linguistic, traditional,
and other characteristics to those of the dominant culture of that region or state (United Nations Permanent Forum on
Indigenous Issues, http://www.globalissues. org/article [Accessed on October 4,2013 HJ), In 2010, there were
approximately 370 million indigenous people spanning 70 countries worldwide.
In the Philippines, indigenous peoples are estimated to comprise 10% of the population of about 100 million.
They generally live in geographically isolated areas with poor access to basic social services and limited opportunities for
mainstream economic activities. They lack education and have inadequate political representation. But minerals, forests
and rivers can be found where they are and make them vulnerable to development aggression (Guia
Padilla, 2011, p. 262).
The UN Declaration on the Rights of Indigenous Peoples (2007) recognizes that indigenous peoples have suffered
from historical injustices as a result of, among others, their colonization and dispossession of their lands, territories, and
resources, preventing them from exercising their right to development based on their needs and interests. It also
acknowledges the urgent need to respect and promote the inherent rights of indigenous peoples which are derived from
their political, economic, and social structures, from their cultures, spiritual traditions, histories, and philosophies.
REMEDIES AND PROCEDURES FOR RESPONDING TO HUMAN RIGHTS VIOLATIONS AND HUMAN
RIGIITS ABUSES
Human Rights Violations
These are acts committed by or at the instigation of or with the consent of a public official or other person acting
in an official capacity contrary to human rights law, causing bodily or mental pain or suffering or death. They occur when
State actors abuse or deny basic human rights.
The public officials, duty bearers since they are in the government and they violated HR it can cause pain
suffering and even death.

Republic Act No. 10368 (The Human Rights Reparation and Recognition 'Act of 2013) defines human rights
violation as any act or omission committed during the period from September 21, 1972 to February 25, 1986 by persons
acting in an official capacity and/or agents of the State and includes:
 any illegal search, arrest and/or detention
 any affliction of physical injury
 any enforced or involuntary disappearance
 force or intimidation causing the involuntary exile of a person from the Philippines
 any act or force
 intimidation or deceit causing unjust or illegal takeover of a business, etc.
Traditionally, when non-State actors (rebels, insurgents, non-governmental entities) commit these
transgressions or violations of human rights, their actions are called crimes. Today, they are also considered human rights
violations.
In the Comprehensive Agreement on Respect for Human Rights and Respect for International Humanitarian Law,
signed by the Government Peace Panel and the CPP/NPA/NDF Peace Panel on March 16, 1998 violations committed by
rebels are called human rights abuses.
Remedies.
Rights and remedies are inseparable. For rights to be fully enjoyed and for rights to be amply protected from
harm, injury, and assault, originating from State and non State actors, remedies must be in place and readily available
anytime and anywhere.
Good there are domestic remedies and non-domestic or international remedies that are found in Constitutions,
statutes and international instruments. As violations occur and become intense, remedies are invented to cope up with the
indignities and abases.
Domestic Remedies
Domestic remedies may take the form of civil remedies, criminal remedies and administrative remedies,
A human rights victim can file a civil action for damages in the appropriate trial courts under Article 32 of the
Civil Code, This may be proved only by a preponderance of evidence (the credibility on the evidence that you have in
order for you to be paid for the damages). Moral damages, exemplary damages, costs of suit and attorney's fees maybe
awarded by the court as indemnity.
The civil liability under Article 32 of the Civil Code is separate and independent from the civil liability that
springs from criminal liability under Article 100 of the Revised Penal Code.
Civil sanctions as an offshoot of a civil remedy availed of by a human rights victim is acknowledged and
affirmed by Section 12f4)
 Article III (Bill of Rights) of The 1987 Constitution

 by Section 21 of the Supreme Court's A.M. No. 07-9-12-SC (The Rule on the Writ of Amparo)
 Section 20 of the Supreme Court's AM. No. 08-1-16-SC (The Rule on the Writ of Habeas Data) and
Section 1, Rule 10 of Supreme Court's A.M. No. 09-6-8-SC (The Rules of Procedure for Environmental
Cases).
The human rights victim may opt to file a complaint with the Commission on Human Rights whose task is
solely fact-finding investigation.
After investigation, prosecution will be handled by the Department of Justice until case is resolved by the court.
The complaint can be filed for specific crimes relating to categories of human rights violations like crimes
violating the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches
and seizures

 Crimes under the Revised Penal Code like Article 124 [crime of arbitrary detention]
 Article 269 [unlawful arrest]
 Article 125 [delay in the delivery of detained persons]
 Article 128 [violation of domicile]
 Article 129 [act of maliciously obtaining search warrants and abuse in the service of warrants]
 Article 130 [searching a domicile without witnesses])
 Crimes violating the right to freedom of assembly (e.g., Article 131 [prohibition, interruption and
dissolution of peaceful meetings]
 Article 153 [tumults and other disturbances of public order])
 Crimes violating the right to freedom of religion (e.g., Article 132 [interruption of religious worship]
 Article 133 [offending the religious feelings])
 Crimes violating the right to freedom from involuntary servitude (e.g., Article 272 [slavery],
 Article 273 [retaining a minor in his service against the former's will
 Article 274 [compelling another to work for him against his will as a household servant or farm
laborer]
 Crimes violating the right to life (e.g., Article 246 [parricide]
 Article 249 [homicide]
 Article 255 [infanticide]
 Article 256 [intentional abortion]
 Article 257 [unintentional abortion]
 Article 262 [mutilation]
 Article 263 [serious physical injuries]
 Article 265 [less serious physical injuries], etc.)
 Crimes violating the prohibition on torture (e.g., Article 235 [maltreatment of prisoners]
 Articles 262-266 [offender is not vested with custody of the prisoner but commits only physical
injuries])
 Crimes violating the rights to liberty of abode (e.g., Article 127 [expulsion],
 Article 268 [grave coercion])
Administrative Remedies
- Administrative remedies for human rights violations are acknowledged and affirmed in section 12 (4), article 3,
Bill of Rights, the 1987 Philippine Constitution, the Revised Administrative Code of 1987, Section 21 of the
Supreme Court’s AM No. 07-9-12 SC (The Rule on the Writ of Amparo) and Section 20 of the Supreme Court’s
AM No. 08-1-16 SC (The Rule on the Writ of Habeas Data)
- They are prerogative writs to supplement the inefficacy of the habeas corpus (detained na wlang kaso)
- Amparo means protection (e.g. EJK)
- Writ of Amparo is a legal procedure to protect human rights. Seeks standard for gov’t agents to follow and if they
cannot satisfy the standards then there will be properly relieved that can be granted by the court
- Writ of Amparo is a remedy available to any person’s right to life, liberty, security is violated by commission of
unlawful act or omission of a public employee or private individual or entity.
- Writ of Habeas Data literally means “you should have the data or idea”. It originated from the council of the
Europe’s 108th Convention of Data Protection of 1981. It aims to protect the image, privacy, honor, information,
self- determination, and freedom of information of the person
- Writ of Habeas Data extends to those engaged in the gathering, collecting, or storing of data or information
regarding a person’s family
- Under the revised administrative code of 1987, the heads of the bureaus or office has the authority to discipline
his employees in line with Sec. 30 and 36 of Chapter 6, Book 4, Revised Administrative Code 1987.
International Remedies
- The international Remedies (human rights violations and human rights abuses are based on treaties)
- Based on treaties, the mechanism for the treatment for human rights are the reporting requirements to ensure State
on the compliance with treaty obligations, the investigation of violations and to determine breaches of treaty
obligations and the prosecution, the trial of human rights violators under the Statute of the International Criminal
Court
- The Philippines must comply to treaties na signatory sya because it is a ratified agreement between parties
- International Criminal Court must investigate and prosecute the case
Reporting Requirement
- State parties are generally required by the treaties to periodically submit reports to the Secretary- General of the
UN or to the monitoring body created by the treaty. These reports give a comprehensive account of the measures
adopted by the State Parties to apply the provisions of the UN Convention. They also contain an elaboration on
the progress that the HI (Human Rights Investigators) are Parties have achieved to fulfill their obligations under
the covenant concerned as well as the factors and difficulties that may retard their progress
- The COR compiles the report and submit it to UN SG as compliance to human rights (if may violation)

- UAE is not member of the UDHR
- We eliminate abuses by joining
- This reporting requirements is found in the treaties like the International Covenant on Economic, Social, and
Cultural Rights, International Covenant on Civil and Political Rights, The Convention on the Elimination of All
Forms of Racial Discrimination, Convention Against Torture, Convention on the Elimination of All Forms of
Discrimination Against Women, Convention on the Rights of a Child
Investigation of Communications/ Complaints
- This procedure under the quasi- judicial practice of the Human Rights Committee is the most effective Human
Rights Complaint System at the universal level. State Parties to the International Covenant on the Civil and
Political Rights, including most of the former communist states of Europe
- As well as an increasing number of Latin- American and African States were parties to the first Optional
Protocol and submit themselves to the jurisdiction of the Human Rights Committee in the cases of alleged
individual Human Rights violation. A total of 844 individual communications/ complaints relating to 59 states
have so far been dealt with by the Committee. Communications numbering 248 were declared inadmissible and
308 were declared on their merits. In 236 cases, a violation of one or more Covenant Rights by a state parties
concerned, above all by Uruguay and Jamaica, has been established.
The International Criminal Court
- The Rome Statute establishing the International Criminal Court (ICC) is considered one of the most ambitious
international legal initiatives in the history of the modern law and the ICC as the important new institution for
human rights in the new century. Unlike the International Court of Justice which deals with states, the ICC deals
with individuals and has the power to investigate, prosecute, and convict individuals.
- The Rome Statute was adopted on July 17, 1998 after a five- week plenipotentiary conference in Rome. On
April 11, 2002, a special treaty event was organized at the United Nations at which 10 states deposited their
instruments of ratification triggering the entry of force of the Rome Statute on July 1, 2002. As of 2003, 92
nations have ratified the Rome Statute of the ICC and 139 states have signed the treaty.
What Crime does the Court Prosecutes?
- The ICC can prosecute and bring to justice individuals accused of genocide, war crimes, and crimes against
humanity. These crimes are defined in the Rome Statute, and reflect existing International law. Although the
crime of aggression is mentioned in the statute, the court cannot exercise jurisdiction over the crime of aggression
until the definition is agreed upon.
- Genocide in Rwanda, Servia, Chenchen, Kosovo
- The court would not interfere if the person was charged in ICC unless if agreed upon
- As of September 2007, 105 countries are party to the ICC. Countries that ratify the Rome Statute accepts the
court’s jurisdiction and agree to cooperate with the court in investigating and prosecuting crimes, as well as
enforcing penalties. State parties encompass countries from all regions of the globe, including major US allies; all
NATO members (except for Turkey) and 2 permanent members of the UN Security Council (France and United
Kingdom). The United Stets is not a party.
- North Atlantic Treaty Organization/ North Atlantic alliance- intergovernmental military alliance between 28
European countries and North American countries
- Founders of NATO are US, France, UK, Italy, Canada, Belgium, Norway, and more
- The ICC is located in Hague, Netherlands. The court is composed of 3 branches: The Judiciary (18 judges), the
Office of the Prosecutor, and the Office of the Registrar, which runs the administration of the court.
How do cases come before the court?
- Cases come before the court in one of three ways:
o The courts prosecutor can initiate an investigation into a situation where one or more of the crimes has
been committed, passed on information from any source, including the victim or the victim’s family, but
only if the court has jurisdiction over the crime and individual
o States have ratified the Rome Statute may ask the prosecutor to investigate a situation where one or more
of the crimes have been committed.
o The UN Security Council can ask the prosecutor to investigate a situation where one or more of the
crimes have been committed, even if the crimes occurred in the territory of a state that has not ratified the
Rome Statute or was committed by the national of such a state.
- In each of these situations however, it is up to the prosecutor, not the State or the Security Council, to decide
whether to open an investigation and based on that investigation, whether to prosecute, subject to judicial
approval.
When can the court prosecute an individual suspected of committing grave crimes under international law?
- The court may investigate and prosecute an individual when:
o The accused is a citizen of an ICC member state
o The alleged crime took place on the territory of an ICC member state
o The UN Security Council asks the ICC to open an investigation

o A country voluntarily accepts ICC jurisdiction
- The ICC can bring to trial an individual regardless of his/her civilian/ military status or official position. Note that
the UN Security Council can vote to block any investigation or prosecution
- March 2018- Duterte cancelled the membership of ICC founding treaty
How does the court source the arrest of the suspects?

- The ICC does not have a police force of its ow to arrest suspects. It must rely on the cooperation of national police
services to make arrests and hand over suspects to the court. For example, Thomas Lubanga was arrested and
handed over to the court by Congolese authorities
- He was charged of war crimes by ICC
What is the difference between ICC and ICJ and other international criminal tribunals?
- The International Court of Justice is a civil court that hears disputes between countries. The ICC is a criminal
court that prosecutes individuals. Other international criminal tribunals, namely the ad hoe tribunals for Rwanda
and the former Yugoslavia, are similar to the ICC but are temporary and have a limited geographical scope. The
ICC is a permanent court, and is global in its reach.
Does the court guarantee fair trial rights?
- Yes. The Rome Statute incorporates the best- evolved, most comprehensive understanding of what constitutes a
fair trial. It ensures that the accused receives a public and fair hearing conducted impartially. With the exception
of the jury trial, the Rome Statute contains every due process protection in the US constitution. The death penalty
is excluded.
The Public 1235 Procedure
- Economic and Social Council (ECOSOC) resolution 1235 authorizes the Commission on Human Rights [consists
of 53 members who are elected by the ECOSOC] and the Sub-Commission on Prevention of Discrimination and
Protection of Minorities (composed of 26 Human Rights experts nominated by their governments and elected by
the Commission on Human Rights) to debate, during their annual sessions, the question of the violation of human
rights and fundamental freedoms. The commission and sub-commission may examine information relevant to
gross violations of human rights in their public sessions.
- Information on human right violations may be furnished by States (both members and non-members of the
commission), by members of Sub-Commission and by Non-Governmental Organizations with consultative status
with the United Nations. NGOs attending the annual sessions of the commission and sub-commission actively
participate in the debates of these organs. The sub-commission is authorized to adopt resolutions on the situations
of human rights violations in specific countries but may not take further action. It is only the commission that is
mandated to take action it deems necessary with regard to human rights violations in any part of the world.
The Confidential 1503 Procedure
- Resolution 1503 adopted by the ECOSOC provides for a confidential complaints procedure in order to deal with
communications indicating a consistent pattern of gross and reliably attested violations of human rights and
fundamental freedoms. Individuals, groups, and organizations may submit complaints to the Secretary- General
for confidential examination by the commission and sub-commission. The admissibility criteria specify, among
them, that the complaint may not be anonymous and may not contain insulting or abusive language.
Special Country Rapporteurs and Thematic Rapporteurs
- The commission of human rights, has over the years, developed two types of instruments to supervise
implementation of human rights around the world pursuant to ECOSOC Resolution 1235. First, it has appointed
specific country rapporteurs and working groups mandated to report annually to the Commission on the
Development of Human Rights situation in the country for which they have been appointed. Such supervision by
international community over the human rights situations in a specific country puts pressure on the government of
the State concerned to improve its human rights record.
- Representatives coming from the international Commission on Human Rights if there is a problem in gross
violation of human rights
Preventive Mechanism in the Field of Human Rights
- Promotion and protection of human rights cannot be entirely reactive. Monitoring, investigative, administrative,
and judicial mechanism to combat human rights violations and to put to an end the practice of impunity must be
coupled with and supported by proactive and preventive arrangements and processes designed to develop a
healthy awareness of and respect for the indivisibility and interdependence of human rights
- It must be proactive- before there is a violation of rights, we need to stop it or prevent it
- Impunity- we don’t give punishment to violators
- In the UN today, the office of the UN High Commissioner for Human Rights plays this role of providing
proactive and preventive response to human rights violations. In various parts of the globe, this role is performed
by national human rights institutions or commissions or by non- governmental and private sector actors.
- In Philippines, we have the CHR giving proactive mechanism to prevent violations. They remind government of
their functions, interact with education department

The office of the UN High Commissioner for Human Rights
- A UN agency that works to promote and prevent the human rights that are guaranteed under international law and
stipulated in the Universal Declaration of Human Rights. This office was established by the UN General
Assembly of December 20, 1993 after the 1993 world conference on human rights
- Under General Assembly resolution 48/141, which established the mandate of the office of the UN High
Commissioner for Human Rights, the High Commissioner has the following proactive and preventive
responsibilities for:
o Promoting and protecting the effective enjoyment by all of all civil, cultural, economic, political, and
social rights
o Carrying out the task assigned to him/ her by the competent bodies of the UN system in the field of
human lights and submitting recommendations to them, with view to improving the promotion and
prosecution of all
o Promoting and protecting the realization of the right to development
o Providing through the appropriate mechanism and institutions, advisory services and technical and
financial assistance, at the request of the State concerned
o Coordinating relevant UN education and public information programs in the field of human rights
o Playing an active role in removing current obstacles and in meeting the challenges to the full realization
of all human rights and in preventing the continuation of human rights violations throughout the world
o Ethiopia civil war between certain minorities and their government, UN held meeting with the
government of Ethiopia to stop this
o Engaging in a dialogue with governments in the implementation of his/ her mandate with a view to
securing respect for all human rights
o Enhancing international cooperation for the promotion and protection of human rights
o UAE are trying to build rules together with the UN Commission of Human Rights to fully implement
human rights mandate
o Coordination of human rights promotion and protection activities throughout the UN system
o Naturalization, adaptation, strengthening and streamlining of the UN machinery in the field of human
rights to improve its efficiency and effectiveness
o Overall supervision of the office of the High Commissioner in the implementation of human rights
National Human Rights Institutions

- An organization that has been established by national government with the specific role of protecting and
promoting human rights
- We have the CHR- and independent constitutional body in 1987 constitution. Created after what happened in
martial law
- The principles relating to the status and functions of the national institutions, known as the Paris Principle were
adopted by the UN GA in 1993 and provide international minimum standards for an effective national human
rights institution. These standards are:
o Independence- cannot be interfered with any government agencies and cannot be dictated even by the
president
o Broad human rights mandate
o Adequate funding- they gave financial assistance to victims of violation that’s why they have millions of
funds from the gov’t
o An inclusive and transparent selection and appointment process
- In terms of activities, the Principles call for national institutions to promote and ensure the harmonization of
national legislation, regulation, and practices with international human rights instruments to which a State is a
party and their effective implementation, the ratification of international human rights instruments and the
formulation of the human rights education program and take part in their execution.
Non-Governmental Organizations (NGOs)
- NGOs, especially human rights organizations, have a long and glorious history in upholding human rights all over
the world. Chief Justive Artemio V. Panganiban (ret.) classifies NGOs as belonging to civil society that has been
in the forefront of the fight for liberty and considered the pillar of democracy, the conscience of government and
the overseer of governmental actions. In the 1987 constitution, the NGOs are people’s organization which are
bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable
leadership, membership, and structure
THE JUDICIARY, THE ACADEME, AND THE FAMILY ON BUILDING A HUMAN RIGHTS CULTURE
Human Rights Culture
 Human rights culture is a shared communitarian belief in the inherent dignity and of the equal and inalienable
rights of all members of the human family. It is also a shared consensus (agreement) that the dignity and worth of
every human person can be upheld and honored if the State and non-State actors undertake efforts and initiatives
to uphold and honor human rights.
 Inalienable and inherent rights of people
 The state should protect these rights
 Jose Ayala Lasso, the first United Nations High Commissioner for Human Rights, expressed a compelling
argument for the development of a human rights culture when he said:
 "I am convinced that the development of a culture of human rights throughout the world is one of the most
important contributions that can be made to future generations. The foundation for this culture is enshrined in
the principles of the Universal Declaration. A culture of human rights would result in a profound change in
how individuals, communities, states and the international community view relationships in all matters. Such
a culture would make human rights as much a part of the lives of individuals as are language, customs, the
arts, faith and ties to place. In this culture, human rights would not be seen as a job 'of someone else/ but the
obligation and duty of all" (Dignity for All: Building a Culture of Human Rights)
 Human rights culture is not a job but an obligation and duty of all (both state and non state actors)
 Human rights culture is the most important contribution we can made to our future generations bcs they can
live with peace, respect, walang pag aalinlangan
The Judiciary
 The Judiciary in the Philippines is a key player in the development of a human rights culture. Through its duty to
settle actual controversies (example there is a case that is being filed and two parties have issues that must be
resolved that involve rights which are legally demandable) and its duty to determine whether a grave abuse of
discretion has been committed by any branch or instrumentality of the Government (read: judicial power), the
Judiciary can be a potent agent to overcome marginalization, impoverishment, discrimination and inequality.
Through its power to promulgate rules concerning the protection and enforcement of human rights, it can
eliminate injustice of various stripes [economic injustice (ex: di mo pinasahuran) , political injustice, and social
injustice) and advance the horizontal and vertical frontiers of human rights. Through its symbolic or teaching
function, it can educate and enlighten the members of the bar (lawyers), litigants (the parties whose rights were
violated, accused and the complainant), the law students and the public about the majesty and efficiency of
human rights.
 Hindi porket mayaman ka ay pwede ka na mag violate ng rights ng mga mahihirap
 Kahit mahirap ka you will still get justice based on law
 If you are punishing a violator you are creating a culture wherein that person should learn his lesson and
must respect the rights of others (deterrence)
The Academe
 The Academe is another key player in the building of a human rights culture in the Philippines. The 1987
Constitution of the Philippines recognizes this important role of the Academe when, in its Article XIV
(Education, Science and Technology, Arts, Culture, and Sports), it provides:
Section 3.
1. All educational institutions shall include the study of the Constitution as part of the curricula.
> Constitution and Bill of Rights subject
2. They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the
role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral character and personal discipline.
Today, the 1987 Constitution, often referred to as human rights constitution, is taught in colleges and universities.
Effective schoolyear 2013-2014, human rights law will be taught in all law schools.
Bolstering the study of human rights in the schools are the establishment of centers and institutes of human rights and
social justice and the foundation of student human rights organizations in many colleges and universities, here and abroad.
Some schools abroad have summer human rights externships programs where law students are given the opportunity to
spend the summer working with human rights organizations, human rights attorneys or UN bodies. The program provides
invaluable practical human rights insights and hands-on training for the students and assistance to host offices and
organizations.
Schools, centers, and institutes can be a rich resource of human rights creativity. They can undertake human rights field
trips (visit to prisons, correctional centers, urban poor communities, ethnic villages); human rights boot camps (visit to
museums and pantheons combined with lectures); human rights exchange programs for students, domestically and
internationally; human rights cultural shows and art exhibition (showcasing songs and dances of ethnic groups, art works
of indigenous artists); human rights dialogue between government, UN officials and students, human rights debate/moot
court competition, etc. (nilaktawan lang ni sir yung paragraph na to)
The Family
 Last but not the least contributor in the building of a human rights culture is the family. The 1987 Constitution
of the Philippines acknowledges the importance of the family by the inclusion of Article XV entitled Ò The
Family Ó Section 1 is about the State O s recognition of the Filipino family as the foundation of the nation.

Section 2 is about marriage as an inviolable social institution and the foundation of the family. Section 3 is
about the State sobligation to honor and defend right that pertain to spouses, children, family or family
associations and the elderly.
 Basic unit of society
 That is why we need to protect family bcs it is the basic unit of the nation
 Marriage
o A permanent union between a man a woman (that is why it is hard for our country to pass same sex
marriage bcs of its definition in our constitution)
 First and hands-on lessons, FAMILY is related to right to education, right to food, right to culture, right to health
and nutrition, right to water, freedom of expression, equality, due process, justice, right to worship, good
governance, accountability, integrity and love, can be caught at home. As parents are, so children will they be.
 George Benson teaches: "Great ideas and fine principles do not live from generation to generation just because
they are good, nor because they have been carefully legislated. Ideals and principles continue from generation to
generation only when they are built into the hearts of children as they grow up” (Dosick, 1995. p. 191).
 Kaya dapat yung mga magulang tinuturuan nila yung mga anak nila ng good manners and right conduct
dahil naipapasa yun generation to generation
THE ROAD AHEAD
The road ahead for human rights will not be easy (it means the future of human rights is not easy). Problems and
difficulties will be there and they can come from sources like abuses of authoritarian leaders, inequalities of political and
economic powers, practices of multinational corporations and policies of global financial institutions. These, despite
advances in the field of human rights and the moral power and influence of human rights.
In short, the battle for human rights and for human dignity is not yet fully won (hindi pa daw tayo nananalo sa human
rights natin). A big boost to winning the battle for human rights will be the active promotion of human rights education
towards developing a human rights culture and a human rights way of life (dapat daw kasama ito sa buhay natin araw
araw). This is in addition to the giant strides in a standard setting (both international and domestic laws) and institutional
building (human rights national commission, mechanism, and International Criminal Court).
Human rights culture and human rights way of life mean a robust awareness of human rights and human responsibilities
and actively living these rights and responsibilities in everyday life.
More than ever, the integration of the study of human rights law in law schools of the Philippines is a wise step in the
right national and international direction.
GODBLESS FUTURE RCRIM!!

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THE NATURE OF HUMAN RIGHTS

SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW ✓ The 1987 Constitution

 The International Bill of Rights

CIVIL AND POLITICAL RIGHTS (FIRST GENERATION OF RIGHTS)

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS (SECOND GENERATION OF RIGHTS)

 Social Justice and Human Rights in the 1987 Constitution

SOLIDARITY/COLLECTIVE RIGHTS (THIRD GENERATION OF RIGHTS)

 Peace, Development, Environment

REMEDIES AND PROCEDURES FOR RESPONDING TO HUMAN RIGIITS

 Human Rights Violations

PREVENTIVE MECHANISMS IN THE FIELD OF HUMAN RIGHTS

 The Office of the UN high Commissioner for human Rights

CREDITS: BAMBALAN, DAQUIGAN 1

 Human Rights Culture

SOURCE OF THE LECTURE NOTES:

HUMAN RIGHTS LAW,

1987 Philippine Constitution.

HUMAN RIGHTS REVIEWER

HUMAN RIGHTS LAW Q&A JORGE COQUIA Book)

HUMAN RIGHTS defined

Jean Jacques Maritain

The rights cannot be given by others except our creator.

CREDITS: BAMBALAN, DAQUIGAN 2

D. Marxist emphasizes the interest of society over an individual's interest – communism

The interest of all are more higher than individua interest

Examples of these rights are:

 The right TO LIFE liberty and security of person

 Right against torture

CREDITS: BAMBALAN, DAQUIGAN 3

 Right to EQUAL PROTECTION against any discrimination

 Right against ARBITRARY ARREST and detention

 Right to a FAIR AND PUBLIC hearing by an independent and impartial tribunal

 Right to be PRESUMED INNOCENT until proven guilty

 Right to privacy, freedom of opinion and expression, etc.

 The right to work

Examples of these rights are:

CREDITS: BAMBALAN, DAQUIGAN 4

Human rights are inherent, inalienable, and universal.

- You cannot give to other your rights.

CREDITS: BAMBALAN, DAQUIGAN 5

Congress – are the makers of the law.

Three Obligations of State Parties

CREDITS: BAMBALAN, DAQUIGAN 6

- We have to protect the right of the children.

SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW

The 1987 Constitution

The 1987 Constitution is the seventh Constitution drafted by Filipinos.

 The 1897 Biak-na-Bato Constitution

The Commission on Human Rights (CHR)

CREDITS: BAMBALAN, DAQUIGAN 7

- Is the independent constitution office.

- Investigate human rights violation.

 Vulnerable (the youth, women)

HISTORY OF HUMAN RIGHTS

(Sec. 17-18, Art. XIII, Philippine Constitution)

The International Bill of Rights

Composed of the threesome

 Universal Declaration of Human Rights,

 International Covenant on Economic, Social and Cultural Rights).

Magna carta is great charter - true

 On December 10, 1948

- 8 meetings over almost 2 years, adopted the draft declaration.