HUMAN RIGHTS EDUCATION (CLJ2)

Prof. Teodolfo Carabit Endonila, LL.B., JD., RCrim

College of Saint Lawrence Inc.
College of Criminology
Rights that are inherent
to all human beings
without discrimination on
the basis of race, ethnicity,
r e l i g i o n o r b e l i e f, o r THEORY
gender. AND CONCEPT
OF HUMAN RIGHTS
As defined by the United
Nations, are generally those
rights which are inherent in
our nature, and without
which, we cannot live as THEORY
human beings. AND CONCEPT
OF HUMAN RIGHTS
As defined by the Philippine
Commission, human rights are
supreme, inherent, inalienable
rights to life, dignity, and self
development. It is the essence
of these rights that makes man THEORY
AND CONCEPT
human. OF HUMAN RIGHTS
A s d ef i n ed b y t h e PN P
Guidebook on Human
Rights Based-Policing, are
basic rights and freedoms
that all human being have. THEORY
AND CONCEPT
OF HUMAN RIGHTS
Laws that legally
guarantee human
rights to each and
every individual.
THEORY AND CONCEPT
OF HUMAN RIGHTS
q After World War II, the Universal Declaration
of Human Rights (UDHR) was created. According
to UDHR, all human beings are born free and equal
in dignity and rights. Adopted by the United
Nations General Assembly in December 1948. The
declaration recognizes that the inherent dignity of
all human beings is the foundation for the world to
achieve freedom, justice and peace.
The declaration also dictates that no person should
be subjected to slavery or torture or be deprived of
his or her nationality. Every human being should
have the right to recognition and fair judgment.
q All human beings upon birth automatically belong to a
society. They are born free, equal and with human dignity
and rights. The first society he belongs to is his family, then
at higher levels, to his neighborhood, his municipality, his
c o u n t r y a n d t h e i n t e r n a t i o n a l c o m m u n i t y.
The rights he is entitled to are enjoyed without any
distinction as to race, color, sex, language, religion and
social status. History has shown that as man started to live
in a society, his inherent rights began to be violated by his
own fellowmen. The state authorities who are supposed to
protect his rights are even his persecutors.
q Jesus Christ, the founder of Christianity was
himself a victim of human rights violation.
Jesus Christ in the biblical accounts, came
and lived as a human being, and was unjustly
tried, sentenced to death and crucified in the
most inhuman manner. This was the first
account of denial of due process (Mark 14:53-
65; Luke 22:66; H 23:2-7)
While freedom gives man the right to make moral
decisions, he is responsible for doing so and has to
answer to his own conscience. The freedom of an
individual is realized and upheld in his relations to
other people in the form given to social life.
Freedom in responsibility includes rights and
obligations. The freedom of the individual is
demarcated by the freedom of others and by a
s e n s e o f r e s p o n s i b i l i t y.
 1. Civil and Political Rights
2. Economic, Social and Cultural
Rights
3. Solidarity/Collective rights
4. Equality and Non-discrimination
rights
 Civil and Political Rights
The First Generation of Human Rights

Are the rights which the law will enforce at

the instance of individuals without
discrimination for the enjoyment of their
lives, liberty and means of happiness.
 Most of the civil and political rights
enumerated in the Universal Declaration of
Human Rights are reiterated in more detail
in the International Covenant on Civil and
Political Rights, known as
 Most of these rights have been adopted in
the Bill of Rights in the Philippine
Constitution and statutory legislation. The
said rights essentially trace their origin from
the American Bill of Rights and French
Declaration commonly referred as
as restraints upon
tyrannical government.
Example of this rights are right to life, prohibition
of torture, prohibition of slavery, right to personal
liberty and security, right to a fair trial, right to
private and family life, freedom of conscience and
religion, freedom of expression, freedom of
association and assembly (also includes freedom
not to associate or join an assembly), freedom of
movement, right to vote, and right to property.
 Economic, Social and Cultural Rights
The Second Generation of Human Rights

Referred to as these
rights trace their origin from the socialist
doctrine which advocates the equitable
sharing of economic resources, services and
welfare benefits to all people.
Commonly known as social welfare rights,
they are generally stated as positive
undertakings or obligations of the
government to ensure the economic well-
being of the people. They are also called

as they are viewed as goals or aspirations

that government should provide for its
citizens depending upon its resources.
Example of this rights are right to work and
free choice of employment, just and
favorable conditions of work, form trade
unions, social security, adequate standard of
living, health, and education, and take part
in cultural life and enjoyment of scientific
processes.
 Solidarity or Collective Rights
The Third Generation of Human Rights
Also called or
are rights of the society, those that
can be enjoyed only in company with others.
Example are rights to self-determination,
rights of indigenous peoples or minorities
(cultural heritage and participation), and
right to development.
 DISCRIMINATION
Generally means the failure to treat everyone
alike according to the standards and rules of
action. Examples:
(Apartheid, Cultural
Minorities, etc.)
(Violence against Women,
Political Rights of Women IN THE
PAST, Trafficking of Women and Prostitution,
etc.)
(Religious discrimination
in education, etc.)
 Two types of human rights:

1) are human rights that are

recognized by society through laws. while,
2) are established through
divine origin and are intrinsic to human
nature, and are hence, taught to be
independent from cultural customs.
 1. As Fundamental Freedom in Political
Rights
The Bill of Rights in the Philippine Constitution
contains the fundamental freedom of the
individual. They also include the rights to privacy,
reputation, and human dignity.

2. As Democratic Rights
Commonly exercised in a democratic state.
 3. As Mobility Rights
The right to travel and to return to
one's country and the freedom of
movement within the country. These rights
are national and international in character.

4. As Right to life, liberty and security

of the person
Represent the core of fundamental rights.
 5. As Legal Rights
Include the freedom from arbitrary arrest
and detention and the protection against
unreasonable search and seizure, right to
counsel, right to fair and public trial,
presumption of innocence and the right
against self-incrimination. These rights
constitute due process that can be invoked
by persons accused.