UNIT 1.

THEORY AND CONCEPT OF HUMAN RIGHTS

LESSON 1:
MEANING AND NATURE OF HUMAN RIGHTS
DEFINITION OF TERMS
 Human Rights - Rights that are inherent to all human beings without
discrimination on the basis of race, ethnicity, religion or belief, or gender.
 Human Rights Law - Laws that legally guarantee human rights to each and
every individual.
Introduction
What are human rights? Human rights are rights that are inherent to all human
beings. They acknowledge that every individual is entitled to enjoy his or her human
rights without discrimination based on gender, age,language,color,religion, political
view, and opinion. From a legal standpoint,human rights are the sum of individual
and collective rights that the state has recognized through national legislation and
the international community through international human rights norms. All
individuals,who are considered rights-holders, states,and duty bearers,are obligated
to protect, respect, and fulfill human rights laws. Human rights law guarantees
individuals with protection against actions that might interfere with fundamental
freedoms and human dignity. It is only after post-World War II regulations that
human dignity formed its meaning in legal and political discussions. In the aftermath
of World War II,the Universal Declaration of Human Rights was created.According to
the Universal Declaration of Human Rights or UDHR, all human beings are born free
and equal in dignity and rights.The UDHR was adopted by the United Nations
General Assembly in December1948.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. These rights are expressed in
treaties,customary international laws,bodies of principles, and other sources of laws.
Human rights law obligates states to act in a certain manner and also prohibits
specific actions that might work against an individual or a population.
Basic Human Rights and Their Categories
Civil and political rights
 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 (which 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
 Rights 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/Collective rights
 Rights to self-determination,rights of indigenous peoples or minorities (cultural
heritage and participation), and right to development.
Equality and nondiscrimination
 Substantive right.
Basic Characteristics of Human Rights
There are different characteristics that human rights possess. Some of the most
important characteristics areas follow.
1. Human rights are inherent
 They are not granted any by any person or authority
2. Human rights are inalienable
 They cannot be rightfully taken away from an individual
3. Human rights are imprescriptible
 They cannot be lost even by a long passage of time
4. Human rights are indivisible
 They cannot be denied even when the other rights have already been enjoyed
5. Human rights are interdependent
 The fulfillment or exercise of a right cannot be had without the realization of the
rights
6. Human rights are universal
 They are available to all human beings irrespective of their origins, status or
condition,or place where they live
7. Human rights are fundamental
 Without them, the life and dignity of man will be meaningless.
Sources of Human Rights
Customary international law( or simply, Custom)
 One that is developed through general and consistent practice of states and is
followed out of a sense of legal obligation (i.e., Universal Declaration of Human
Rights). Human rights provided in international agreement such as treaties,
covenants, and conventions have been collectively ( either bilaterally or
unilaterally) developed, signed, and ratified by different states.
Treaty law
 Human rights provided in international agreement such as treaties, covenants,
and conventions have been collectively ( either bilaterally or unilaterally)
developed, signed, and ratified by different states. Treaty laws may either be
general (i.e., International Covenant on Civil and Political Rights and
International Covenant on Economic, Social, and Cultural Rights); specific
( Convention Against Torture, Elimination of All Forms of Racial Discrimination,
Prevention and Punishment of the Crime of Genocide); or specific as to
coverage/ protected persons (i.e., binds a specific group of human, Convention
on the Rights of the Child, Discrimination Against Women, Migrant Workers
Including Their Families Refugees). Other treatises are included specifically on
arm conflict (i.e., Geneva Convention of 1949).
Philosophical and Pragmatic Approaches
Two main approaches may be adopted to explain the nature of human rights.
These approaches are philosophical approach and pragmatic approach.
The philosophical approach, also known as the theoretical approach, has been
categorized into five theories:
1. The Natural Right Theory
 According to John Locke, an American philosopher, human beings are born with
inalienable natural rights.
2. The Legal Rights Theory
 The principle of legal rights theory is that human rights completely depend on
the recognition by states and institutions. The theory provides that an individual
cannot claim his or her rights if these are not recognized by his or her states and
institutions.
3. The Historical Theory of Rights
 This theory states that the rights of human beings are not created by the state
but the product of historical evolution of humans.
4. The Social Welfare Theory of Rights
 The theory believes that human rights are created by society based on and in
consideration of the common welfare of human beings. The theory also assumes
that if the society does not approve of the right, then it will not be recognized.
5. The Idealistic Theory of Rights
 Also known as Personality Rights Theory, suggests that human rights are the
external factors affecting the internal and real development of an individual. This
theory treats that the rights to personality as a supreme and absolute right.

Summary
Human rights are rights that every person has consequence of being a human
being. It is a right that is universal. This means that every person, regardless of his
or her gender, race, religion, political view, and other differences, is being protected
by it and its law. It is inalienable-no person can take it away from an individual,
subject to exceptions. It is indivisible, interrelated, and interdependent- all human
rights should be honored and given importance equally. Human rights have two
types: legal rights and natural rights. Legal rights are human rights that are
recognized by the society through the laws, while natural rights are established
through divine origin, are intrinsic to human nature, and are hence taught to be
independent from natural customs. Human rights laws are created to legally
guarantee human rights to every individual. With human rights law, the state is
obligated to make actions in accordance with it and prohibit manners that might
violate it.

Lesson 2
THEORIES OF HUMAN RIGHTS
DEFINITION OF TERMS
 Theory - A set of hypothetical fact, principles,or circumstances that attempts to
provide a rational explanation of the cause and effect and relationship among a
group of observed phenomena
 Inherent - An inseparable or permanent part of someone or something.
INTRODUCTION
Human rights are the basic rights and freedom of every human being. These
rights include the rights to life, liberty, freedom of thought, expression, and quality.
As mentioned in the definition of terms, a theory is a set of hypothetical facts,
principles, or circumstances that attempts to provide an explanation. It is also a
procedure that is proposed to be fallowed as a basis of an action or a method that is
used to give people an understanding of what, why, or how an event happened.
Theories give a starting point for researcher in studying different origins and histories
of different people, places,and event.
There are several theories that are relevant to the nature of human rights, including
the following:
1. The Natural Right Theory
2. The Legal Right Theory
3. The Historical Theory
4. Social Welfare Theory of Right
5. The Idealistic Theory of Rights
These theories give a systematic understanding of an event or a situation that has
happened, as experienced or seen firsthand by the creator of the theory These
theoretical perspective about the origin or real definition of human rights have an
enormous influence on the thinking, practice and understanding of present political
and legal institution. As society evolves,so do our perspective and understanding,but
these theories are proof that human rights are continually evolving and developing
into a more inclusive and nondiscriminatory manner.
Theory Of Natural Rights
 The theory of natural, right states that individual enter society with certain basic
rights and that no state or government can deny the rights that individuals
already have. It also describe human being as the creature of nature in relation
to natural law. Natural law states that human beings are the master of
themselves and they act on their own in accordance with the rules and laws laid
down by nature. But according to Harold Laski, an English political theorist,
natural rights are based on the false assumptions that human being can have
rights and duties independent of being part of a society. Without a society, no
human being could exercise his or her right without the approval of the masses;
thus, Laski believe that natural law is only possible under the limitations of
civilized life.
Theory of Legal Rights
 According to the legal rights theory, human rights are created and maintained by
the state; the state is the only source of the rights of an individual, and outside
the state, an individual has no rights at all and can never claim right against the
state. As such, human rights are neither absolute nor inherent in the nature of a
man. The legal rights theory dictates that the state defines the bill of Rights. The
state also creates laws and sustains it; therefore when the content of the law
changes, the rights of individual also change. For example,if government bans
any form gathering,even though the right to assemble might be inherent, a
gathering will be treated as an act against the government and, therefore,a
crime against the state.
The Historical Theory of Human Rights
 The historical theory of human rights states that rights are the product of history,
originating from customs that are handed down through generations. These are
considered fundamental to the growth and development of man. A human right
is described as a long-standing custom that has been concretized to form
specific rights that are maintained by generations by habitually following them.
The historical theory of human rights condemns the legal theory and runs
contrary to the natural theory of human rights. The legal theory of human rights
describes human rights as a changeable right, while the historical theory states
that human rights are developed and concretized from traditions and customs
through time. The natural theory of human rights suggests that these rights are
inherent - meaning it has always been there even before the rise of societies -
while the historical theory provides that human rights are created from the
evolution of civilization. An example of this theory is the right to freedom of
belief and religion.
The Social Welfare Theory of Rights
 Also known as the social expediency theory, it states that human rights are the
conditions of social welfare. According to the Merriam-Webster dictionary, "social
welfare" is the act of providing services or assistance to disadvantaged groups
by the government or private institutions. The theory suggests that human
rights are created by society in consideration of the common welfare of
individuals. It states that if the welfare is not recognized by the community, then
it will not become a human right. It is the yielding of society, law, customs, and
traditions in line with what is socially useful and what is socially acceptable. The
 liberation of the LGBTQ+ community is an example of this theory. Before, same
sex marriage was condemned by society because of the social belief that only a
man and a woman are allowed to be bound by marriage because of traditions,
beliefs, and religious constructs. At present, it is approved, recognized, and
celebrated by almost 29 countries around the world.
The Idealistic Theory of Rights
 The idealistic theory of rights, also known as the personality theory of rights,
states that the inner development of a man develops his full potentiality. This
theory suggests that the right of personality is a supreme and absolute right,
and all the other rights have been either denied or conditioned by it. An example
of this theory is the right to liberty. The right to liberty or freedom comes with
the right to free self-expression and opinions, which in turn helps an individual
to determine who he or she really is and develop his or her own personality or
identity.

Summary
Human rights are the basic rights and freedom of every human being, which
include the rights to life, liberty, freedom of thought, expression , and equality.
There are several theories relevant to its nature, namely: (1) the natural rights
theory (2) the legal rights theory (3) the historical theory of rights (4) the social
welfare theory and (5) the idealistic theory of rights. The theory of natural rights
states that individuals enter society with certain basic rights, and no state or
government can deny the rights that these individuals already have. The theory of
legal rights that human rights are created and maintained by the state. The historical
theory of human rights provides that rights are the result of history, originating from
customs passed down through generation. The social welfare theory or the social
expediency theory states that customs, traditions, and natural rights are conditioned
by society. Lastly, the idealistic theory of rights or the personality theory of rights
states that the inner development of a man develop his full potential.
LESSON 3: CONCEPTS OF HUMAN RIGHTS
DEFINITION OF TERMS
 Humanists - According to Humanists International, humanists or humanism is a
democratic and ethical life stance that affirms that human beings have the the
rights and responsibility to give meaning to their own lives.
 Dialectal - Used to describe theories, methods, and situations in resolving
opposing factors.
Introduction
The concept of human rights dates back even before the start of civilization and
has been seen as clearly carved in all of the greatest religions of the world. Whether
it is one’s duty to look after his or her neighbor or the concepts of universal
brotherhood, the fellowship of men fraternity combined with compassion toward
mankind have originated in several religious beliefs including that pre-date
Christianity has been continually developing ever since. All major religion in the world
have a humanist perspective that supports human rights despite the differences in
their beliefs. Human rights are also discussed in ancient thoughts and philosophical
concepts of natural rights and natural law. All human rights are derived from the
thought that dignity and worth are inherent to all human beings and that human
beings are the central subjects of human rights and fundamental freedom. Whatever
adds to the fundamental rights of a human being should be regarded as human
rights revolutions.
Western View of Human Rights
 In the western view, human rights are considered to be not permanent and have
no eternal source of criteria of a cosmic order. The Habeas Corpus, Magna
Carta , the Bill of Rights, the French Charter of human rights , and the Ten
Amendments of the American Constitution are products of political and social
conditions existing in Britain, France, and America. The concept of human rights
developed alongside the development of human consciousness. Through the
evolution of humankind and civilization, people have developed the need for a
better life and well-being, thereby seeking the rights that they know are inherent
to them as humans. They fought in revolutions fighting for a better government
for all to be equal in the eyes of the law, and as a result, human rights have
been born one after the other out of the agreement of individuals and the ruler
of states, with emphasis on the division o power, decisions in the parliament,
and a charter declaration. A right only became a right upon recognition by the
 state. However, in the large portion of western Visayas countries, the main
purpose of these laws is to protect the people from their states , and it can be
said that in western societies, human rights are given more importance.
Eastern View of Human Rights
 Human rights in the eastern part of the world vary within regions and political
orientations. Religion is also one of the most influential factors affecting the
human rights view of eastern societies. In certain societies, religion is an integral
part of daily life and almost dictates many facets of their lives, as religious
teachings provide guidelines for acceptable behaviors and duties of an individual.
Some scholars believed that this religions and its teachings have been
fundamental in the development and creation of human rights. It is also believed
that the duties to these religions and its realizations are the cause of the
acknowledgement of human rights. Some belief systems found in eastern
societies are Confucianism, Buddhism and Islam.
Socialist View of Human Rights
 According to Karl Marx, a German philosopher and sociologist and Lenin a
political theorist, fundamental rights of an individual are derived from the
dialectical process of history. Human rights are not conferred to an individual by
its nature but a product of the process that played the role in various histories
where are individuals wanting to end the communist classes existing in a
capitalist society. Marx identified two classes that exist in a capitalist society, the
proletariat and the bourgeoisie. Majority of the population are the proletariat
composed of workers who need to work to be able to survive. The bourgeoisie is
a small minority, composed of those who derived profits by hiring the proletariat
for private production. Marx argued that human history is composed of class
struggles and in wanting to end these classes, came the rise of communism.
Communism is sometimes referred to as the revolutionary socialism, as Marx
referred to socialism as the first and necessary step for shifting from capitalism
to communism. In the socialist order, rights exist to protect the people and
ultimately give them freedom and equality. According to this philosophy, these
fundamental rights are neither natural nor essential to an individual. It is also
not impressionable. These rights have no significance or importance but are part
of the general law of the land. Under socialism, an individual still has the right to
have his or her own property, but industrial productions and other means of the
society or earning money are communally owned and managed by the
 democratically elected government. In a socialist view, individuals do not work in
isolation but in cooperation with other people. They believe that everyone is
entitled to a part of the product of the society. Socialism views society as a
whole, therefore the society should control or own vast amounts of the
properties of the community for the benefit of all members.
Religious View of Human Rights
 Most major religious have a humanistic perspective that supports human rights
despite differences in their beliefs. According to the religious view, human rights
originate from the ideas of mercy, kindness to others, and pity on human beings.
The holy book of Hinduism, Vedas, includes a prism of light on friendly dealing
and behavior toward all creatures of the world, may it be human or not. The
same concept could be derived from the contestants of the bible that states
“There is no such thing as Jew and Greek , Slave and Freedom, male or female
for you are all one person in Christ Jesus”. the Buddhist doctrine of nonviolence
in deed and in thought is also a humanitarian doctrine. Furthermore, other
religious beliefs such as Judaism, Zarastarium, Jainism, and Sikhism uphold the
same doctrines of human rights. According to scholars, Islam was created in the
seventh century, making it the youngest major religion in the world. Islam is
also the second largest religion, wit more than 1.8 billion Muslims worldwide. It
started at Mecca during the time of the prophet Muhammad. The divine religion
Islam and the Islamic practices strength he concept of human rights as they
believe that these rights are granted by Allah himself. The world has not been
able to produce more equitable laws than those hat have been given around
1,400 years ago.

Summary
The concepts of human rights are carved in the history of humankind. Many
concepts and ideologies have been derived from the different processes that
societies have gone through. There are three concepts or views on human rights that
are discussed in this lesson. The first concept is the western visayas on human rights,
second is the socialist view on human rights, and last is the religious view on human
rights. All three have different view on how human rights that were established and
developed. The Western view states that human rights are not permanent and have
no external criteria for a cosmic order. It also states that individuals only have their
human rights inside the land covered by their states. The socialist view states that
human only rights are those that enable them to provide their basic needs and
nothing more, while the religious view on human rights, with reference to the oldest
religious documents, provides that human rights belong to all living things may it be
a human being or not.
 UNIT II: ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS

LESSON 1: HISTORY OF HUMAN RIGHTS

DEFINITION OF TERMS
Magna Carta - Also known as the "Great Charter" and is viewed as an
important written evidence and legal document in the development of
human rights and modern democracy.

Bill of Rights - Limits the power of the government and protects the rights
of all citizens, residents, and visitors in the national territories

Introduction
Ever wonder where human rights originated from? Throughout the course of history, individuals
acquire their knowledge about their rights and responsibilities through membership in a group, such
as families, indigenous nations, religious affiliations, communities, and states. Most societies have
traditions that are similar to the golden rule "do not do unto others what you do not want others do
unto you." Five of the first written evidence that acknowledge the existence of human rights and
answer the people's questions about their rights and responsibilities can be found in the writings in
The Hindu Vedas, The Babylonian Code of Hammurabi, The Bible, The Quran (Koran), and the
Analects of Confucius.
All societies have had systems of propriety and justice as well as respecting and
acknowledging the welfare and needs of individuals, may it be written or an oral declaration. There
are many precursors to the development of today's human rights, including documents such as the
Magna Carta, the English Bill of Rights, the French Declaration on the Rights of Man and Citizens, and
the US Constitution and Bill of Rights. However, not all documents include the rights of women,
persons of color, members of different religions, and persons belonging to different economic strata
and political affiliations. Nevertheless, people who are being oppressed by these laws express
support to revolutions that assert the right to the individual's self-determination.

The Cyrus Cylinder

In 539-530 BC, Cyrus II began his reign as the

king of Persia by decreeing a reform written
on "The Cyrus Cylinder". The reform also
established racial equality, including religious
freedom for all people of the Persian Empire.
This is
one of the oldest evidence of human rights
recognition. It has been translated to
all six official languages of the United
Nations, and the first four articles of the
Universal Declaration of Human Rights are
parallel to that of the declaration
Cyrus Cylinder.
Figure 2.1. The Cyrus Cylinder by Cyrus II, King of Persia
The Magna Carta

In 1215, King John of England signed the Magna Carta also known as the "Great Charter,"
which established the idea that everybody, including the king, is subject to the law. It also provided
all freemen the right to achieve justice and fair trial through the establishment of the principles of
due process and equality before the law. The charter also recognized that the church is an individual
institution that is free from governmental interference. It further recognized that the citizens of the
state have the right to own and inherit properties and to be protected from excessive taxes. It also
gave widowed women who owned property an opportunity to choose not to remarry.
This charter is widely viewed as one of the most important written evidence and legal documents in
the history of human rights and modern democracy. It is often viewed as providing a crucial turning
point in establishing freedom.

Figure 2.2. The Magna Carta Charter Figure 2.3. King John of England
signing the Magna Carta

The Petition of Right

The petition of right was sent by the English Parliament to the king of England King Charles I. The
petition was raised when Charles I started to force loans on his people and tax them excessively,
sending to prison those who did not pay. King Charles I did all of these to finance his war against
Spain. The petition was initiated by Sir Edward Coke, and it was based on the earlier statutes and
charters of the Magna Carta and the Cyrus Cylinder. The petition asserted four principles:
1) the king cannot tax people without the consent of the parliament;
2) no person shall be imprisoned without cause;
3) no soldier shall be quartered within the city or public areas; and
4) martial law shall not be implemented in time of peace.
King Charles was compelled to accept the petition in order for him to continue receiving subsidies for
his policies. However, the petition of rights is still regarded as a constitutional document alongside
statutes like the Magna Carta.
 Figure2. The Petition of Rights Figure 2.5 King Charles I of England signing
The Petition of Rights

The Bill of Rights

The Bill of Rights limits the power of the government of the United States of America and
protects the rights of all citizens, residents, and visitors in American territories. The bill protects the
freedom of speech and the opinions of people and their right to voice out themselves. It also
protects religious freedom, as every individual has the right to choose and practice his or her chosen
religions or beliefs. It provides individuals the freedom of assembly and the freedom to petition. The
Bill of Rights protects the establishments of religions and prohibits the federal government from
depriving any individual of his or her life, liberty, or property without due process of law. If an
individual commits a crime against the federal government, the bill of rights requires indictment by a
grand jury and guarantees a speedy public trial with impartial jury.

Figure 2.6. Replica of the Bill of Rights

The United Nations

After World War II, the idea of human rights became stronger. With the Nazi Germans
exterminating over 6 million Jews, Sinti and Romani, homosexuals, and persons with disabilities, the
world was horrified and trials of the war officials involved in the Nuremberg, and Tokyo War Crimes.
The defeated countries were held to be punished for committing a "crime against peace" and "crime
against humanity." The United Nations (UN) was established in 1945 for the maintenance of
international peace and prevention of conflicts. The goal was to ensure that what happened in World
War II will never happen again, particularly that no one will ever be unjustly denied of life, freedom,
shelter, food, and nationality. The emerging human rights principles were stated in President Franklin
Delano Roosevels state of the union address. In hís speech, Roosevelt said that the world was
founded on four essential freedoms: freedom of speech, freedom of religion, freedom from want,
and freedom from fear.

Figure 2.7. Flag of the United Nations

A Brief History of Human Rights in the Philippines

The Philippines has gone through a period of colonialism that lasted for 333 years under
Spanish colonialism and 48 years under American rule. The country gained its independence from
American colonialism in 1945. The Universal Declaration of Human Rights was adopted by the
general assembly of the United Nations as the UN Resolution on December 10, 1948, and the
country is one of the 48 countries who voted in favor of the declaration.
In 1972, the Philippines was placed under Martial Law under the late President Marcos's
dictatorship. Human rights violation became an integral element in the strategy of controlling the
citizens of the country. After the end of the Marcos regime, the 1987 Philippine Constitution was
drafted, under the new administration of the late President Cory Aquino. The Commission on Human
Rights, or CHR, was created in response to human rights violations committed during the Martial
Law. The mission of this commission is to promote equal treatment and opportunity among Filipinos,
to provide a life of dignity, and to protect against abuse and oppression. With every term of almost
all presidents of the country, human rights violations are one of the major concerns. To this day, the
protection and promotion of human rights in the Philippines are still a work in progress.

Summary
Human rights were established long before the birth of many governments and civilizations. Five of
the oldest written evidence of the existence of human rights came from the oldest religions of the
world. All of the five writings have one similarity, which was the golden rule "do not do unto others
what you do not want others do unto you." There are many precursors that have led to the
establishment of many charters and bills for the acknowledgment of human rights of every
individual:

 The Cyrus Cylinder that freed the slaves and gave freedom of religion to
those members of the Persian Empire;

 The Magna Carta that gave freemen fair trial and justice including the
king

 The Petition of Rights that demanded King Charles I not to excessively

tax people and imprison them without reason;

 The Bill of Rights that protects the right of every citizen and gives them
freedom of speech and freedom of religion; and

 The establishment of the United Nations following the devastating World

War II, aiming to protect the people and never again let a war like the ones before ever
 happen again.

LESSON 2: DEVELOPMENT OF HUMAN RIGHTS

DEFINITION OF TERMS
Universal Declaration of Human Rights (UDHR) -Considered as an international version of the
Magna Carta, which dictates how governments should treat their people.

Introduction
Human rights have formally been recognized through the establishment of the United
Nations in 1945. With the establishment of the United Nations, its main concern and goal is to
reaffirm faith on the fundamentals of human rights and in the dignity of individuals at all levels and
in any given circumstances. The term "human rights" denotes the rights that humans inherently have
by nature. The development of human rights started from the notion of philosophers about the
natural rights of human beings. The development of natural laws dictates that human beings are
naturally born with human rights and that every individual, regardless of religion, race, nation, color,
or gender, have it by virtue of being a human being.
History generally shows that the struggle for human rights started from the Western world
around the thirteenth century when the Magna Carta Charter was signed by King John. However, it
can be said that the original fight for human rights is recorded to have occurred 200 years before the
Magna Carta Charter. This could mean that individuals from different nations and ages are fighting
for their natural rights or their rights as a human being even before the declarations of the laws that
we use now.
Even though the Magna Carta is not the first evidence of the acknowledgement of human
rights, it has been used as one of the bases of other human rights law that we use until now. The
Magna Carta was released in 1216 and subsequent amended and modified in 1217 and 1325. In the
Charter, the term "fundamental rights of man" was used, and in the twentieth century, the term
"human rights was used instead of the name traditionally known as the "natural rights law" or the
"fundamental rights of man.
The term "human rights" was first used by Thomas Pine when he translated the French Declaration
of the Rights of Man and Citizens. The term "natural rights' was replaced at the time that human
rights theories were gaining ground, and "the rights of man" was removed for it was not universally
accepted as human rights equally including rights for both men and women.
The idea of having human rights being protected by international law experienced a big
setback back in the late nineteenth and early twentieth centuries due to the doctrine of absolute
sovereignty of states. With absolute sovereignty of states, human rights were entirely on the hands
of each state's own jurisdictions and wholly under the regulation of each state's government,
preventing international intervention against state decisions. International law was thought to be an
attack against the sovereignty of states.
World War II was the turning point for the acceptance of international law by sovereign
states. Extreme human rights violation was recoded in war-torn Europe, where over thousands and
thousands of innocent lives were lost due to slavery, mass execution, and holocaust. These shocking
crimes against humanity have led to the formation, of the United Nations.

With the realization that the restoration of freedom is one of the conditions for establishing
international peace and security and that human rights violations perpetuate international conflicts,
human rights protection has been regarded as a necessity for the attainment of international peace.
Several conferences were held within the United Nations that have led to the formation of the
International Bill of Rights. Many declarations were adopted, with the main priority being the
establishment of a legal regime emphasizing the importance of human rights. With the international
bill of rights, members of the United Nations were obliged to cooperate in eradicating the scourge of
war and implement the principles respecting human rights and freedom without discrimination
against any individuals. It was all laid down under Article 55 of the United Nation's Charter. The
General Assembly of the United Nations adopted an international bill of rights also known as the
Universal Declaration of Human Rights.

The Universal Declaration of Human Rights

In December 1948, the Universal Declaration of Human Rights, or UDHR, was adopted by the
United Nations General Assembly. The members of the United Nations (UN) committed to respect
and promote human rights, and to advance this goal, the UN established the Commission on Human
Rights. The Commission on Human Rights was tasked to draft documents that lay down the meaning
of the fundamental rights and freedoms of every individual as enunciated in the UDHR.
The Universal Declaration of Human Rights is considered the international version of the
Magna Carta. It is a revolutionary international law that dictates how states are to treat their people.
The issues of the states are now considered a matter of international concerns and no longer just
domestic issues. The UDHR provides that the rights of every human being are interdependent and
are indivisible. This means that all states are responsible for the attainment of international peace
and freedom.
The principles of the UDHR are now incorporated into the constitutions of more than 185
nations that are members of the United Nations. Even though the Universal Declaration of Human
Rights is not a legally binding document the way a treaty or a convention would be, it has achieved
the status of customary international law because it was regarded as “a common standard of
achievement for all people and all nations."

Human Rights Today

In recent years, human rights have evolved from a simple context of humans having the
rights to freedom, religion, and assembly to what they have become now. Today, human rights have
become more accessible to all individuals, have specified functions, and have gained a wider
definition. The old definitions of human rights already emphasized liberty or "freedom," but they
have since expanded to include security. Liberty is important to an individual, but when he or she
does not feel secure, he or she might not fully enjoy his or her rights and freedoms. Human rights
also include freedom of religion, thought, expression, movement, due process of law, education,
health, property ownership, the right to build your own family, freedom from discrimination of
gender, culture, race and religion, and freedom from unjust punishment, tyranny, and oppression.

Summary
The development of human rights has come a long way. From the beginning of the
acknowledgment of human rights to the implementation of human rights laws, humans have come a
long way in achieving what every individual deserves-freedom. The establishment of the United
Nations has opened the door in achieving international laws and the declaration of the Universal
Declaration of Human Rights. The UDHR has helped the citizens of the states to enjoy freedom and
have their rights be acknowledged, as governments are obliged to respect, protect, and fulfill human
rights. In today's society, the rights of every individuals are recognized. It has now become more
accessible and greatly discussed in various spheres of life.
LESSON 3: CURRENT STATE OF HUMAN RIGHTS IN THE PHILIPPINES

DEFINITION OF TERMS
Extrajudicial Killing (EJK) - Killing of a person by authorities, without judicial sanction
Martial Law - Essentially placing civil functions under military control for
specific reasons, such as "lawless violence, invasion, or rebellion" (Art. VII,
Sec. 18, 1987 Philippine Constitution)

Introduction
The War on Drugs. The current president of the Philippines, President Rodrigo Roa Duterte,
who took an oath in 2016, spearheads the current "war on drugs" regime. As people know, crimes in
the Philippines are widespread and have plagued the lives of citizens. As part of his campaign and
the belief that drug addicts play a major role in the occurrence of crime in the Philippines, the
current president swore to eliminate the drug problem in the country if he's given two years.
The original goal of the campaign was to eradicate the plague of drug use in the Philippines.
With this, the president ordered the country's police forces to go on a campaign of seizing people
whom they believe are related to drug use/ drug trade, with the instruction that if those caught
resist ("nanlaban"), the police are allowed to fight back and kill the suspect. The most controversial
aspect of the drug war is that President Duterte offered a reward/bounty to certain people who turn
in people related to drug use, "dead or alive." With this premise, law enforcers overzealously took
action and spearheaded the campaign, now serving as the major players behind the war on drugs.

The Events
In the course of conducting the governmenť's war on drugs, there are certain events that in
themselves reflect the current state of húman rights in the country.
Here are the certain events that are taking place:

The Extrajudicial Killings. As the campaign started, bodies upon bodies of people reportedly involved
in drugs have been reported. Police forces have started acting upon the lives of people without the
sanction of any legal process. Minors started becoming casualties as masked unidentified gunmen
also started taking part in the campaign, which was said to have no connection with the police and
were isolated cases. The extrajudicial killings or EJKs have caused public disagreement,
as some believe that human rights of people should still be prioritized, and some agree that killing
people involved with drugs would help the country in general.

The Kian Loyd delos Santos Case. This case was one of the infamous examples of EJK, among the
many casualties of the war on drugs. The 17-year-old Kian Loyd delos Santos was shot and killed
during the Oplan Galugad that took place on the night of August 16, 2017 in Caloocan City. The
victim allegedly "fought back at the police and shot a gun against them" when confronted by the
police. A gun and two sachets of shabu were recovered from the body of Kian, which the relatives
said neither belonged to him. A CCTV footage came out, falsifying the claim against Kian, and it
showed that Kian was on the floor, begging for his life before a series of gunshots. This caused a
public outcry, and the three police involved in the case were criticized by the public.

The Martial Law in Mindanao. On May 23, 2017, the rising conflicts in Mindanao, specifically in
Marawi between the Armed Forces of the Philippines and the Islamist group forced the president to
place the whole of Mindanao, including Basilan, Sulu, and Tawi-Tawi under Martial Law. The major
implication of this was that the writ of habeas corpus was going to be suspended, which meant that
public officials are allowed to detain individuals without bringing the said person to the court of law.
This caused public fear and dismay, as many have theorized that Duterte was going to use this and
extend Martial Law not only in Mindanao, but also all over the country. It is well-known that the
country has once undergone Martial Law under the regime of Marcos, resulting in thousands of
casualties and missing victims that are still not found up to this day.

Release of the Drug Lords Case. A matrix was released and certain individuals were identified to be
the "big guns" involved in drug trafficking in the country. Among those were Peter Lim and Kerwin
Espinosa. Peter Lim denied the accusation that he was a drug lord in the country, but Kerwin
Espinosa surrendered and acted as a witness for the court. He alleged Peter Lim to be his supplier.
Despite Kerwin Espinosa's confessing as to being a drug lord, the court dismissed his charges
together with Peter Lim due to lack of evidence. Duterte later on fumed with anger by this court
decision and ordered Lim to be arrested, who has now gone missing. The president was infamously
remembered stating "Commit suicide rather than surrender." This sparked conspiracy theories such
as that the president was doing this in an attempt to cover up his "buddy" among the public.

President Threatening to Leave UN. As the United Nations grew wary of the "war on drugs," the UN
repeatedly tried to condemn the drive as a violation of human rights. The president then threatened
to "separate" from the UN and form another body with China and African nations. This sparked
controversy not only in the Philippines but also all around the world. From this point on, the
president started to become a notorious figure. It can be noted that it is also around that time
that the president started to strengthen relations with China.

Oplan Tokhang. This was part of the war on drugs campaign, famously known as an operation where
police would knock on the doors of suspected users and ask them to surrender. Do remember that
one of the president's mandates for the police is if the suspect "fights back," they are free to gun
down the alleged suspect. This caused dismay among the public as the cases seem to be targeted to
the poor and the minors only. Thousands of casualties were recorded and further caused public
dismay.

The Human Shield Case. Another minor casualty was recorded, as another child's life was taken. The
three-year-old was in her home during the anti-drug operation in Rizal. The police stated that the
suspect used the child as the human shield against them. The casualties were the lives of one police,
the suspect, and the child. The police were later criticized as it was deemed to be a "lame excuse" to
cover up the casualties, as it does not make sense for a father to use a child as his own shield and
how poorly the operation was handled. The mothers testimony also stated that the child was not
used as a shield.

Arguably, there have been disputes over whether the country has become a safer place or
not as a result of the drug war, in which facts will be discussed to understand the current situation of
human rights in the country.

The Facts
In discussing a controversial aspect such as involved in human rights, it I important that we use facts
as basis to prove certain aspects as there are always two sides of the story and to stay away from
bias as much as possible. In this case, we use facts to discuss the current situation of human rights in
the Philippines.

The Death Toll. As of June of 2019, the death toll of people involved in drugs is "estimated" to be
around 6,000 people. Do note that this is the official number stated by the police, which means that
this does not include the number killed by masked unidentified gunmen. The Philippine National
Police (PNP) then stated that those "homicides" totaled about 22,983. Also, it is important to note
that almost majority of the victims are under the P10,000 income, which classify them as the
lower end of the social hierarchy. This is why the war on drugs has been branded "anti-poor," and
more often the rich ones (Peter Lim Case) have not been touched or let free.

Crime Rate. Crime rate in the country has been down since the start of the war on drugs regime. The
PNP data showeda 22.6% drop in index crimes such as murder, homicide, physical injury, rape,
robbery, theft, and carnapping. With the police and the administration showing that they are not
scared to get their hands stained with blood, criminals are now more wary on committing crimes.
However, it is not a testing meter to conclude the success and effectiveness of the drug war. There
are so many more factors that could be attributed to the decrease in crime rate (do note that there is
a decline in the population after the drug war after all) before we get to conclude its effectiveness,
which is a whole different topic.

Tourism. The country's tourism industry, especially during the start of the drug war got hit hard. At
one time, the tourism secretary urged the media to "tone down" coverage of Duterte's drug war, as
EJK was scaring away foreigners. This would be a huge problem coming forward, as one of the main
economic weights of the country was coming from tourism. Thankfully, the country's tourism aspect
recovered due to the efforts of the tourism industry in making sure that foreigners are safe from EJK.

Innocent Lives. It is no secret that innocent lives are at risk during the war on drugs campaign. At one
point, normal citizens were so scared of going out during the public outrage about the Kian delos
Santos case, as more teenagers were killed during that same week. It is also no secret that as long as
the drug war continues, more innocent lives would be taken as police officers have said that there
would always be casualties.

Drug Use Rate. People who use drugs in the Philippines went from the estimated 1.7 million up to
the estimated 4 million despite the current war on drugs. As mentioned before, this is why the
effectiveness of the drug war cannot be measured by one factor only. In defense of this, the
Philippine Drug Enforcement Agency (PDEA) stated that this number is a metric on how effective the
drug war is, as the increase in population is caused by the number of people coming forward
on using drugs.

One of the Most Dangerous. Based on the Armed Conflict Location and Event Data Projects' (ACLED)
findings, it was stated that the Philippines was among the most dangerous countries in the world to
be in, ranked at number four. With the death toll of more than thousands, after all, it is reasonable as
to why the country was ranked fourth in the most dangerous list, especially that the police
themselves are aware that innocent lives are at stake and they still continue the process of the war
on drugs. This can scare away potential foreigners that would come into the country, as other
countries are known to have legalized the use of some drugs.
With the above facts stated, it is safe to say that the country is in disarray in terms of human
rights. The situation has become so worse to the point that human rights activists and even churches
themselves have started partaking on the topic of human rights. The president himself stated
that"the only sin I have committed is the EJKs." Even though the drug war has improved the
country’s criminal rate aspect, the lives of innocent people are still at stake, which leads to the
human rights of people being neglected.

Summary
The discourse on human rights remains relevant in modern times. A big part of studying
human rights as an important concept is to situate it in the context of the society where you are in.
What makes the concept essential in your work as future enforcers of the law is to realize that
human rights affect us individually, as a member of a family, and as a servant for the larger
community.