Professional Documents
Culture Documents
NONILITO O.CARPIO
INSTRUCTOR
History of human rights education, in 1993 the World Conference on Human Rights in Vienna reaffirmed the importance of
human rights education as essential for the promotion and achievement of stable and harmonious relations among communities
and for fostering mutual understanding, tolerance and peace. The plan of action for the decade further defines human rights
education as training, dissemination and information efforts aimed at the building of a universal culture of human rights through
the imparting of knowledge and skills and the molding of attitudes which are directed to: The strengthening of respect for
human rights and fundamental freedoms; The full development of the human personality and the sense of its dignity;
The promotion of understanding, tolerance, gender equality, and friendship among all nations, indigenous peoples and racial,
national, ethnic, religious and linguistic groups; The enabling of all persons to participate effectively in a free society .
The furtherance of the activities of the United Nations for the maintenance of peace. During this decade, the UN is urging and
supporting all its member states to make information about human rights available to everyone through both the formal school
system and popular and adult education
The teaching of human rights in Philippine schools is mandated by article II of the 1987 Philippine Constitution which states that
all educational institutions shall inculcate patriotism and nationalism, foster love of humanity and respect for human rights. This
was further reinforced by the issuance of executive order No. 27, s. 1987 entitled "Education to Maximize Respect for Human
Rights" following the peaceful EDSA revolution in 1986. These mandates were the bases for the issuance of DECS Order No. 61,
s. 1987 on the "Inclusion of the study of human rights and accompanying responsibilities in the school curricula at all levels.
Since then, human rights concepts have been integrated in different subject areas such as social studies, values education for
elementary and secondary levels, and Political Science and Practical Law for tertiary level.
Human Rights in the Philippines, or the absence of these rights, are better understood through the prism of colonialism. Over
the last 400 years the Filipino people have suffered under first 330 years of Spanish colonialism and then a further 45 years of
American rule. Under Spanish colonialism, many nationalists were killed simply for advocating independence. The Spanish
period was followed by a particularly brutal period of “pacification” when hundreds of thousands of Filipinos were killed
resisting integration into the new American Empire.
Historical origin of human rights goes back to 539 B.C. when Cyrus, the great (king of ancient Persia) conquered the city of
Babylon, he freed all slaves to return home and declared people to choose their own religion and even maintained racial
equality. The idea of human rights quickly spread from Babylon to many nations especially India, Greece and eventually Rome
where the concept of natural law arose in observation of the fact that people tended to follow certain unwritten laws in due
course of life. There the concept of “natural law” arose, in observation of the fact that people tended to follow certain unwritten
laws in the course of life, and Roman law was based on rational ideas derived from the nature of things.
Philippines
Human rights - Human rights may be defined as the supreme, inherent and inalienable rights to life, to dignity, and to self-
development. It is the essence of these rights that’s make man human. Human rights are fundamental freedom which are
necessary and indispensable in order to enable every member of the human race to live a life of dignity.
International Bill of Rights
The primary sources of Human rights are obviously the United Nations Universal Declaration of Human Rights and the
various human rights documents and treaties that followed such as those by, the Council of Europe, the Organization of
American States, the European Union etc.
1.Civil rights - are those rights which provide opportunity to each person to lead a civilized social life. These fulfil basic needs of
human life in society. Right to life, liberty and equality are civil rights. Civil rights are protected by the state.
2.Political Rights - Political rights are those rights by virtue of which inhabitants get a share in the political process. These allow
them to take an active part in the political process. These rights include right to vote, right to get elected, right to hold public
office and right to criticize and oppose the government. Political rights are really available to the people in a democratic state.
3.Economic Rights - are those rights which provide economic security to the people. These empower all citizens to make proper
use of their civil and political rights. The basic needs of every person are related to his food, clothing, shelter, and medical
treatment. Without the fulfilment of these no person can really enjoy his civil and political rights. It is therefore essential, that
every person must get the right to work, right to adequate wages, right to leisure and rest, and right to social security in case of
illness, physical disability and old age.
There is some difference between moral or human rights and legal rights. Legal rights require for their justification an existing
system of law. Legal rights are, roughly, what the law says they are, at least insofar as the law is enforced. Legal rights gain their
force first of all through legislation or decree by a legally authorized authority. Those who support adoption of laws establishing
legal rights often appeal to a notion of human rights. Laws against theft might appeal to notions of a moral right to own
property. But human or moral rights must gain their validity through some other source other than legal rights, since people can
appeal to human or moral rights to criticize the law or advocate changes in the law (or legal rights), and people could not do this
if moral rights were based upon the law.
Freedom vs Rights
Rights and freedom are two concepts that overlap to a certain extent. Rights are an individual’s moral or legal entitlement to
have or do something. Freedom is the absence of necessity, coercion, or constraint in choice or action. It is our rights that ensure
and protects our freedom. In this sense, rights and freedom are always interrelated and inseparable. For example, the right to
vote ensures that everybody is entitled to vote in the election, this also automatically allows us the freedom to vote. The main
difference between rights and freedom is that right is a moral or legal entitlement whereas freedom is a state or quality of being
free.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.
A. Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
B. Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person
for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain
silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his
own counsel, he must be provided with a competent and independent counsel by the investigating officer. lawphi1Ÿ
C. The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is
signed, or thumb marked if the person arrested or detained does not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect
whatsoever.
D. Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and
signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of
the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest
or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.
E. Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial
investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and
void and of no effect.
F. Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of
his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate
family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights
of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate
family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in
connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any
violation of law.
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of
the judgment. The accused may, however, waive his presence at the trial pursuant to the stipulations set forth in his tail, unless
his presence is specifically ordered by the court for purposes of identification. The absence of the accused without justifiable
cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. When an accused under
custody escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him
is regained. Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that
he can properly protect his rights without the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His
silence shall not in any manner prejudice him.
(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or can not with due diligence be found in the Philippines, unavailable, or
otherwise unable to testify, given in another case or proceeding, judicial or administrative, involving the same parties and
subject matter, the adverse party having the opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
(i) To appeal in all cases allowed and in the manner prescribed by law.
Section1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen
years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote
for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons.
Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to
protect the secrecy of the ballot.
The democratic rights- human rights are also categorize as democratic rights, are commonly exercised in a democratic state such
as to vote and participate the government affairs.
All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social status,
religion, political antecedents, and other factors
1 Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted
in medical parlance, and has, therefore, the right to be born well.
2 Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and
counseling, and moral and material security. The dependent or abandoned child shall be provided with the nearest substitute for
a home.
3 Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and
active member of society. The gifted child shall be given opportunity and encouragement to develop his special talents. The
emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to
treatment and competent care. The physically or mentally handicapped child shall be given the treatment, education and care
required by his particular condition.
4 Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic
physical requirements of a healthy and vigorous life.
6 Every child has the right to an education commensurate with his abilities and to the development of his skills for the
improvement of his capacity for service to himself and to his fellowmen.
7 Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for
the wholesome use of his leisure hours.
8 Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or
circumstances prejudicial to his physical, mental, emotional, social and moral development.
9 Every child has the right to live in a community and a society that can offer him an environment free from pernicious
influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes.
10 Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or
are unable to provide him with his fundamental needs for growth, development, and improvement.
11 Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with
the morality of the constituted authorities both in their public and private lives.
12 Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal
brotherhood, and with the determination to contribute his share in the building of a better world.