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CONTENTS:
Course Orientation and Introduction
Overview of the Human Rights and Education (HRE)

Chapter 1
HRE in Criminology Education Or CourseError! Bookmark not defined.
1. Criminal Law and Jurisprudence (CLJ)
1.01. SPECIFIC PROFESSIONAL PRACTICE OUTCOMES FOR THIS SUBJECT:
1.02. The registered criminologist can perform the competencies under the following sub-
topics:
2. Why We Need To Study Human Rights?
3. The First Mandatory HRE Implementation In The Philippines:
4. What Other Laws, Orders, or Executive Acts That Mandate the HR Education?
4.01. Sources of Domestic Human Rights Laws in the Philippines
1. 1987 Philippine Constitution - Contains the Bill of Rights; lays down bases for
all civil, political, economic, social and cultural rights
2. Laws passed through the law-making power:

Chapter II
Fundamental Principles and Concepts in Human Rights
1. Introduction
2. Evolution of the Concept of Human Rights
3. Attributes of Human Rights
4. Classification of Human Rights
4. 01. According to Source;
4.02. According to Recipient;
4.03. According to Aspect of Life;
4.04. According to Struggle for Recognition;
4.05. According to Derogability
5. All Classes of Rights Are Interdependent To One Another
6. Legitimate Limitation on Human Rights
7. Restrictions of Human Rights May Be Exercised By The State Through Its Police Power
8. A Vague Law Which Limits the Exercise of Human Rights Is Not a Legitimate Restriction;
Void-For-Vagueness Doctrine;
9. Human Right Law Defined
10. Components
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HUMAN RIGHTS and EDUCATION

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Course Orientation and Introduction

Overview of the Human Rights and Education (HRE)

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Chapter 1

HRE in Criminology Education Or Course

1. Criminal Law and Jurisprudence (CLJ)

1.01. SPECIFIC PROFESSIONAL PRACTICE OUTCOMES FOR THIS SUBJECT:

The registered criminologist can perform the following professional practice outcomes for his/he
initial entry into the practice of the profession:

1. Apply the principles and jurisprudence of criminal law, evidence, and criminal procedure.

Meaning: Understand and use the rules and legal decisions related to criminal law,
evidence, and how criminal cases are handled in court.

2. Internalize the concept of human rights and victim welfare.

Meaning: Care about people's rights and well-being, treating everyone fairly and
considering the rights of victims.

3. Demonstrate competence and broad understanding of law enforcement, public safety, and
criminal justice.

Meaning: Know a lot about law enforcement, keeping the public safe, and how the
criminal justice system works.

4. Effectively communicate orally and in writing using both English and Filipino.

Meaning: Speak and write well in both English and Filipino languages.

5. Act in recognition of professional, social, and ethical responsibility.

Meaning: Act responsibly and ethically in their work and in society.

1.02. The registered criminologist can perform the competencies under the following sub-
topics:

1. Use and compare the rights under the Bill of Rights and other rights granted by the
Constitution.

2. Recognize the importance of

a. The Statutory Rights of the accused and victims,

b. The rights of the arrested person with and without a warrant,
c. Detained persons or Persons Deprived of Liberty, and
d. Those placed under investigation/custodial investigation.

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3. Recall:

a. Universal Declaration of Human Rights;

b. Children;
c. Women;
d. Prisoners;
e. State Actors and Non-State Actors;

2. Why We Need To Study Human Rights?

In its HRE Program Plan, Commission on Human Rights of the Philippines (CHRP) envisions “a
Philippine society that deeply values the dignity of every person and fully respects human rights.
The Human Rights Education Program Plan therefore, envisions to lay the groundwork for the
continuous improvement of the human rights situation in the country and in raising the
Philippine human rights standards by promoting the people’s rights through a continuing
program of education, training and research.” [1]

Comment:

There are several reasons why studying human rights is important. One of the main reasons is
that it helps to promote and protect the fundamental rights and freedoms of all individuals,
regardless of their race, gender, religion, or nationality. Human rights education also helps to
create a culture of respect for diversity and tolerance, and can play a role in preventing
discrimination and violence. Additionally, studying human rights can help individuals
understand and uphold their own rights and responsibilities, and can empower them to speak out
against human rights abuses when they occur. Overall, studying human rights is crucial for
building a just and equitable society.

Human rights are important for criminology because they provide a normative framework and a
legal basis for defining, preventing, and prosecuting crimes that violate the dignity and well-
being of human beings. Criminologists can use human rights to analyze the causes and
consequences of various forms of crime, such as state crimes, genocide, trafficking, violence
against women, and others. Criminologists can also use human rights to evaluate the
effectiveness and legitimacy of criminal justice systems and institutions, such as police, courts,
prisons, and international tribunals. Criminologists can also advocate for human rights as a way
of promoting social justice and preventing crime.

Some criminologists have proposed different models and perspectives for integrating human
rights into criminology. For example, Lopez-Rey (1975) suggested a humanistic criminology
that focuses on the protection of human rights and the prevention of human suffering. Cohen
(2001) proposed criminology of humanitarianism that examines the role of humanitarian
interventions and organizations in addressing crimes of atrocity. Zedner (2004) argued for a
cosmopolitan criminology that recognizes the global dimensions and implications of crime and
justice.

Human rights are not only a subject of criminological inquiry, but also a challenge and a

1 The Short-Term Human Rights Education Program Plan of the Commission on Human Rights of the
Philippines, 1988 (revised in 1990), pp. 1 and 2
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responsibility for criminologists. As Maier-Katkin et al. (2009) stated, "criminologists have an

obligation to be guardians of human rights"2. This means that criminologists should not only
study human rights violations, but also expose them, resist them, and seek to remedy them.
Criminologists should also be aware of the limitations and contradictions of human rights
discourse and practice, especially in the context of neoliberalism, which may undermine or co-
opt human rights for its own purposes. 3 Criminologists should also be critical of their own
assumptions and methods, and strive to uphold ethical standards and principles in their research
and teaching.

In conclusion, human rights are essential for criminology because they offer a valuable
framework, a legal tool, and a moral imperative for understanding and addressing crime
and justice issues in the contemporary world. 4 :Maier-Katkin et al. 2009: 5 Tavakoli 2009

3. The First Mandatory HRE Implementation In The Philippines:

Executive Order No. 27 (EO 27 s. 1986)

 Education to Maximize Respect for Human Rights –

o Mandating the then Ministry of Education, Culture and Sports (Now DepED
and CHED) to
 include the study and understanding of human rights in the curricula of all
levels of education and training in all schools in the country,
 adapting the scope and treatment of the subjects or courses on human
rights to the respective educational levels, and
 maintaining regular programs and special projects to provide venues for
information and discussion of human rights including the utilization of
informal education and other means to stress the importance of respect for
human rights; and, -
o Ordering the Civil Service Commission to include in the qualifying examinations
for government service basic knowledge on human rights.

Presidential Memorandum Order No. 20 (PMO 20 s. 1986)

 Maximizing Respect for Human - Rights by the Police, Military and Other Arresting and
Investigating Personnel

4. What Other Laws, Orders, or Executive Acts That Mandate the HR

Education?
1. Executive Order No. 27 6
2. Presidential Memorandum Order No. 20 7

2 https://www.oxfordbibliographies.com/abstract/document/obo-9780195396607/obo-9780195396607-
0055.xml
3 https://link.springer.com/article/10.1007/s10612-018-9392-0

4 https://www.oxfordbibliographies.com/abstract/document/obo-9780195396607/obo-9780195396607-

0055.xml
5 https://link.springer.com/article/10.1007/s10612-018-9392-0
6 EO 27 s. 1986

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3. 1987 Constitution, particularly:

 Article 2, Section 11;
 Article 13, Section 17 par. (1);
 Article 13, Section 18 pars. (5)(6)(9)
 Article 14, Section 3; pars. (1)(2)
4. CHED Memorandum No. 5, Series of 2018, particularly:
 Section 6.1 subparagraph (d)
 Section 6.2 subparagraph (a) to (f)
 Section 6.3 subparagraph (b)
 Section 6.4
5. Universal Declaration of Human Rights 8
6. Convention on the Rights of the Child, 9
7. International Covenant on Economic, Social and Cultural Rights,10
8. International Covenant on Civil and Political Rights, Art. 2;
9. International Convention on the Elimination of All Forms of Racial Discrimination,11
10. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, 12
11. Convention on the Elimination of All Forms of Discrimination Against Women,13

4.01. Sources of Domestic Human Rights Laws in the Philippines

1. 1987 Philippine Constitution - Contains the Bill of Rights; lays down bases for
all civil, political, economic, social and cultural rights

2. Laws passed through the law-making power:

a. Rights of the Child

 R.A. No. 9344, as amended by R.A. No. 10630 (An Act Establishing a
Comprehensive Juvenile Justice and Welfare System, Creating the
Juvenile justice and Welfare Council under the Department of Social
Welfare and Development, Appropriating Funds Therefor, and for Other
Purposes)
 R.A. No. 7610 (Special Protection of Children Against Abuse,
Exploitation and Discrimination Act)
 R.A. No. 9231 (An Act Providing For The Elimination Of The Worst
Forms Of Child Labor And Affording Stronger Protection For The
Working Child, Amending For This Purpose Republic Act no. 7610, As

7 PMO 20 s. 1986
8 Art. 26
9 Art. 28 and 29
10 Art. 13

11 Art. 7

12 Art. 10

13 Art. 10

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Amended, Otherwise Known As The "Special Protection Of Children

Against Child Abuse, Exploitation And Discrimination Act)
 R.A. No. 9775 (Anti-Child Pornography Act of 2009)
 R.A. No. 9262 (Anti-Violence Against Women and Their Children Act
of 2004)
 R.A. No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012)

b. Rights of Women

 R.A. No. 10364 (The expanded Anti-trafficking law in Persons Act of

2012)
 R.A. No. 9262 (VAWC law)
 R.A. No. 9710 (The Magna Carta of Women)
 R.A. No. 8972 (Solo Parents' Welfare Act of 2000)
 R.A. No. 7877 (Law against Sexual Harassment)
 Act 4112 (Women Suffrage Act)
 PD 663, as amended (Creating the National Commission on the Role of
Filipino Women)
 EO 273 - Philippine Plan for Gender-Responsive Development
 Pres. Proc. 1172 - Campaign to End Violence Against Women
 RA 6955 -Act Against Mail Order Brides

c. Rights of lesbian, gay, bisexual, transgender, queer (or sometimes

questioning), and others (LGBTQ+)

 Case Law/Jurisprudence - Ang Ladlad vs. COMELEC, 2010

 NOTE:
o The rights of lesbian, gay, bisexual, transgender, queer (or
sometimes questioning), and others (LGBTQ+) in the Philippines
are not fully recognized and protected by the national government.
There is no law that explicitly prohibits discrimination or violence
based on sexual orientation, gender identity, gender expression, or
sex characteristics (SOGIESC) at the national level. However,
there are some legal developments and initiatives that have
advanced LGBTQ+ rights in the country.

o One of the landmark cases that affirmed LGBTQ+ rights in the

Philippines was Ang Ladlad vs. COMELEC in 2010. In this case,
the Supreme Court ruled that the Commission on Elections
(COMELEC) violated the constitutional rights of Ang Ladlad, a
political party representing the LGBTQ+ community, when it
denied its application for accreditation to participate in the party-
list system. The Supreme Court held that Ang Ladlad was not a
threat to public morals, and that its members were entitled to
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equal protection of the law and freedom of expression and

association. The Supreme Court also recognized that international
human rights instruments, such as the Universal Declaration of
Human Rights and the International Covenant on Civil and
Political Rights, protect the rights of LGBTQ+ people. 14

d. Rights of Senior Citizens

 RA 7432 - Senior Citizen's Act

 RA 7876 - Senior Citizen Center Act
 RA 9994 - Expanded Senior Citizen Act

e. Rights of Migrant Workers

 Department Advisory No. 1, Series of 2015 - Renumbering of the Labor

Code of the Philippines, as Amended.
 PD 442 - Labor Code of the Philippines
 R.A. No. 8042 - Migrant Workers and Overseas Filipinos Act of 1995),
as amended by R.A. No. 10022
 RA 8187 - Paternity Leave Act
 RA 8282 - Amending RA 1161 - The Social Security Law
 RA 8291 - The Government Service Insurance System Act

f. Rights of Disabled Persons

 BP 344 (An Act to Enable the Mobility of Disabled Persons)

 R.A. No. 7277 (Magna Carta of Disabled Persons), as amended by R.A.
Nos. 9442 and 10070
 RA 9442 - Law amending the Magna Carta of Disabled Persons
 RA 10070 - Act requiring the creation of Persons with Disability Affairs
Office (PDAO) by LGU's
 DILG MC 2009-29 - On issuance of Identification Cards and and
purchase booklets for PWD's
 DILG MC 2009-29 - On community based programs for children with
Disability
 Adm. No. 35 - Directing departments, bureaus, agencies and educational
institutions to conduct activities during the annual observance of the
National Disability Prevention and Rehabilitation Week

e. Rights of Indigenous Peoples

 R.A. No. 8371 (The Indigenous Peoples’ Rights Act of 1997)

14 https://en.wikipedia.org/wiki/LGBT_rights_in_the_Philippines
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f. Right to Life, Liberty and Security

 R.A. No. 10353 - The Anti -Enforced or Involuntary Disappearance Act

of 2012
 R.A. No. 9745 (Anti-Torture Act of 2009)
 Writ of Amparo
 Adm. Order 181 - Investigation and Prosecution of Political and Media
Killings
 Adm. Order 197 - Enforced Disappearances and Killings

g. Right to Privacy

 S.C. Adm. Mat. No. 08-1-16-SC - The rule on Habeas Data

 RA 9995 - Anti-Photo and Video Voyeurism
 RA 10173 - Data Privacy Act

h. Right of Unjustly Arrested and/or Detained persons

 RA 7309 - Law creating the Boards of Claims

 the Rule on Habeas Corpus
 RA 9439 - Law Against Hospital Detention
 RA 10368 - Human Rights Victims Reparation and Recognition Act of
2013

i. Rights of accused, victims, and witnesses of crimes

 RA 8505 - Rape Victim Assistance Act

 RA 6981 - Witness Protection Program
 RA 9999 - Free Legal Assistance Act
 RA 9346 - Law Abolishing Death Penalty

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Posttest for Chapter 1:

1. According to the Commission on Human Rights of the Philippines, what is the vision of a
Philippine society that values the dignity of every person and fully respects human rights?

a. A society where everyone is treated equally, regardless of their race, gender, religion, or
nationality.
b. A society where everyone has access to education, healthcare, and other basic necessities.
c. A society where everyone is free from discrimination and violence.
d. A society where everyone can participate in the political process.
e. A society where everyone is aware of their human rights and can uphold them.

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2. Which of the following are the benefits of studying human rights?

a. It helps to promote and protect the fundamental rights and freedoms of all individuals.
b. It creates a culture of respect for diversity and tolerance.
c. It can play a role in preventing discrimination and violence.
d. It empowers individuals to speak out against human rights abuses.
e. All of the above

3. How are human rights important for criminology?

a. They provide a normative framework and a legal basis for defining, preventing, and
prosecuting crimes that violate the dignity and well-being of human beings.
b. Criminologists can use human rights to analyze the causes and consequences of various
forms of crime.
c. Criminologists can use human rights to evaluate the effectiveness and legitimacy of
criminal justice systems and institutions.
d. Criminologists can advocate for human rights as a way of promoting social justice and
preventing crime.

4. What are some of the models and perspectives for integrating human rights into criminology?

a. Humanistic Criminology
b. Criminology of humanitarianism
c. Cosmopolitan criminology
d. All of the above

5. What is the main purpose of the Human Rights Education Program Plan of the Commission on
Human Rights of the Philippines?

a. To promote and protect the fundamental rights and freedoms of all individuals.
b. To create a culture of respect for diversity and tolerance.
c. To play a role in preventing discrimination and violence.
d. To help individuals understand and uphold their own rights and responsibilities.
e. To empower individuals to speak out against human rights abuses.

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Chapter II

Fundamental Principles and Concepts in Human Rights

1. Introduction
1. The phrase "human rights" is so generic a term that any attempt to define it, albeit not a
few have tried, could at best be described as inconclusive. 15

2. However, it thus seems to closely identify the term to the universally accepted traits and
attributes of an individual, along with what is generally considered to be his inherent and
inalienable rights, encompassing almost all aspects of life. 16

3. Human rights can be understood to include those that relate to an individual's social,
economic, cultural, political and civil relations. 17

4. David Selby defined human rights as those rights which pertain to all persons and are
possessed by every individual because they are human. 18 Human rights can be defined as
those minimum rights which every individual must have against the state or other public
authority by virtue of his being a member of the human family. Shree P. P. Rao said
human rights are the inherent dignity and inalienable rights of all members of the human
family recognizing them as the foundation of freedom, justice and peace in the world. For
D. D. Raphael, human rights in a general sense denote the rights of humans. However, in
a more specific sense, human rights constitute those rights which one has precisely
because of being a human. 19

5. Present-Day understanding – those right which human beings cannot live with dignity,
freedom, and justice in any nation or state regardless of color, place, birth, ethnicity, race,
religion, or sex. or any such considerations. 20

6. Human Right refers to rights which belong to a human person or being. This means that
in order for this to exist, there should be a “Human Existence.”21 Thus, the scientific
evidence supports the conclusion that a zygote is a human organism and that the life of a
new human being commences at a scientifically well defined "moment of conception."

15 Supreme Court of the Philippines. (1994). Simon v. CHR, G.R. No. 100150 January 5, 1994. G.R. No.
100150. https://lawphil.net/judjuris/juri1994/jan1994/gr_100150_1994.html
16 Id.
17 Id.
18 Kumar, Arun Palia (1995) National Human Rights Commission of India. New Delhi: Atlantic Publishers

and Distributors, p. 10
19 Rajawat, Mamta (2001) Burning Issues of Human Rights. Delhi: Kalpaz Publications, pp. 33-47.
20 See: Art. II, Section 11. The State values the dignity of every human person and guarantees full respect

for human rights; and Article XIII, Section 1. The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the people to human dignity,
reduce social, economic, and political inequalities, and remove cultural inequities by equitably
diffusing wealth and political power for the common good.
21 Villasis, pp.2

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This conclusion is objective, consistent with the factual evidence, and independent of any
specific ethical, moral, political, or religious view of human life or of human embryos. 22

7. Human rights are not granted by state, nor stemmed from citizenship in a country. Human
rights are a right which necessarily springs from being a member of the human species. 23

8. Instead, the refurbished idea of "human rights" was based on the assumption that each
individual person was entitled to an equal degree of respect as a human being. 24

9. But the term "human rights" is closely identified to the "universally accepted traits and
attributes of an individual, along with what is generally considered to be his inherent and
inalienable rights, encompassing almost all aspects of life," i.e., the individual’s social,
economic, cultural, political and civil relations. 25

10. Human Rights are the aggregate of privileges, claims, benefits, entitlements, and moral
guarantees that pertain to man because of his humanity. 26

11. Human rights make man a human. 27

12. Those inalienable and fundamental rights which are essential for life as human beings. 28

2. Evolution of the Concept of Human Rights

Doctrines and Periods Explanation

Stoicism Philosophy Every Human Should live in accordance with nature;
Ulpian’s 29 declaration of Men and women are equal and (are) born free;
Equality
Hugo Grotius’s “the mother of right—that is, of natural law—is human nature;” 30
reinforcement of Stoic
Philosophy
John Locke’s essays, Civil Human Being’s reason should tell them that they should not harm
Government others because all human beings were created by the same divine
force, and therefore shared certain rights;
Thomas Hobbes, The In such a state, Hobbes contends that individuals have a “natural
Leviathan right” to do whatever they believe is necessary to preserve their
lives. 31

22G.R. No. 204819, April 8, 2014, Imbong v. Ochoa,

https://lawphil.net/judjuris/juri2014/apr2014/gr_204819_2014.html
23 Petralba 2013, pp. 10
24 Rep. v. Sandiganbayan, 2003
25 Rep. v. Sandiganbayan, 2003
26 Sarmiento, 2014, pp. 1
27 Defined by Jose W. Diokno
28 Bernas, 2009
29 A jurist from the Roman Empire
30 Miller, J. (2021, January 8). Hugo Grotius. Stanford Encyclopedia of Philosophy.
https://plato.stanford.edu/entries/grotius/
31 https://iep.utm.edu/hobmeth/

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On account of this right to sell-preservation, John Locke and Thomas Hobbes both agree to one
point: that all human rights emanate from one "original right" which pertains to the "right of an
individual to preserve his life.
Post-war Era Human Right was formally introduced

3. Attributes of Human Rights

Attributes Explanation Rights involved

Inherent Not granted by any person or right to life and dignity as a human
authority, do not need any event for being
their existence.

Fundamental Without them the life and dignity of right to individual liberty and security
man will be meaningless. of a person or freedom of thought and
religion
Inalienable Cannot be rightfully taken away from freedom from torture
an individual.
Imprescriptible Cannot be lost even by a long passage freedom of thought, conscience and
of time. religion
Indivisible Not capable of being divided. freedom of belief or opinion, freedom
of religion and worship.
Universal No borders, applies to all. right to life is the same whether one is
in Asia or Europe
Interdependent The fulfillment or exercise of one one's right to life and existence as a
cannot be had without the realization person cannot be realized without
of the other. one's right to work and maintain a
good standard of living

4. Classification of Human Rights

4. 01. According to Source;

1. Natural rights are God given rights, acknowledged by everybody to be morally good.
They are unwritten but they prevail as norms of the society.

1. Example, the right to life, dignity and self-development.

2. Constitutional rights are those rights guaranteed by the Constitution.

3. Statutory rights are those enacted by Congress. Put together, constitutional rights and
statutory rights are sometimes referred to as legal rights.

4.02. According to Recipient;

1. Individual rights are those rights being accorded to individuals.

2. Collective rights are rights of the society, those that can be enjoyed only in company with
others. Example, right to peaceably assemble, right to peace, right to development.

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4.03. According to Aspect of Life;

1. Civil rights are those that that the law will enforce at the instance of private individuals
for the purpose of securing to them the enjoyment of their means of happiness,

1. example:
1. right to a name,
2. right to form a family,
3. right to security of persons, papers and effects,
4. right against unreasonable searches and seizures.

2. Political rights are those rights which enable us to participate in affairs of the government
– either directly or indirectly.

1. Example:
1. right to vote,
2. right to information on matters of public concern,
3. right to initiative and referendum.

3. Economic and social rights are those which the law confers upon the people to enable
them to achieve social and economic development, thereby ensuring them their well-
being, happiness and financial security, like right to property, education, promotion of
social justice.

4. Cultural rights are those rights that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national culture based on the
principle of unity in diversity in a climate of free artistic and intellectual expression.

4.04. According to Struggle for Recognition;

1. First generation, the first kind of rights that people clamored and fought for these are the
civil and political rights.

2. Second generation of rights is the economic, social and cultural rights.

3. Third generation of rights is collective rights.

4.05. According to Derogability

1. Non-derogable or absolute rights can’t be suspended or taken away even or extreme

emergency, like the rights to life and dignity.

2. Derogable or relative rights can be suspended or taken and limited depending on

circumstances. Example, right to freely move maybe limited through the imposition of
curfews. However, three conditions should be present before a right can be
limited/curtailed namely:
o It is only publicly announced or legislated, it is not by official’s whim only;

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o There is a state of emergency which requires the urgent preservation of the public
moral, public safety and public good and;
o There must be a time limit

5. All Classes of Rights Are Interdependent To One Another

6. Legitimate Limitation on Human Rights

1. Most rights, however, are not absolute in character. States can limit the exercise of these
rights for valid reasons, including the needs of countering terrorism, as long as they
respect a number of conditions. 32

2. In Addition, the concept of proportionality is common to determining the limitations on

any human rights that can be restricted. These rights can be restricted to the extent that
the limit placed on them is proportionate to the aim pursued. A decision maker is obliged
to adopt a three-stage process to determine whether the interference with a human right
represents a legitimate limitation on the right concerned. This can be summarized as
follows:

a. is there a legitimate aim to the interference?

b. is the interference prescribed by a clear and accessible law?
c. is the interference proportionate to the identified legitimate aim and necessary in a
democratic society? 33 34

7. Restrictions of Human Rights May Be Exercised By The State Through Its

Police Power
1. the exercise of those rights is not absolute for it may be so regulated that it shall not be
injurious to the equal enjoyment of others having equal rights, not injurious to the rights
of the community or society. The power to regulate the exercise of such and other
constitutional rights is termed the sovereign "police power" which is the power to
prescribe regulations, to promote the health, morals, peace, education, good order or
safety, and general welfare of the people. This sovereign police power is exercised by the
government through its legislative branch by the enactment of laws regulating those and
other constitutional and civil rights, and it may be delegated to political subdivisions,

32 Kkienerm. (2018). Counter-terrorism module 7 key issues: Limitations permitted by Human Rights Law.
Counter-Terrorism Module 7 Key Issues: Limitations Permitted by Human Rights Law.
https://www.unodc.org/e4j/zh/terrorism/module-7/key-issues/limitations-permitted-by-human-rights-
law.html
33https://ocd.lcwu.edu.pk/cfiles/Political%20Science/EC/Pol.Sc-204/HumanRights-

AVeryShortIntroductionbyAndrewClaphamz-lib.org.pdf
34 To warrant such interference, two requisites must concur: (a) the interests of the public generally, as

distinguished from those of a particular class, require the interference of the! State; and (b) the
means employed are reasonably necessary to the: attainment of the object sought to be
accomplished and not unduly oppressive upon individuals. In other words, the proper exercise of
the police power requires the concurrence of a lawful subject and a lawful method. (April 25, 2017,
G.R. No. 199669)
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such as towns, municipalities, and cities authorizing their legislative bodies, called
municipal and city councils to enact ordinances for the purpose. 35

2. Standard for Lawful exercise of Police Power:

a. Must be a legitimate purpose; and

b. It must be done through lawful means

8. A Vague Law Which Limits the Exercise of Human Rights Is Not a

Legitimate Restriction; Void-For-Vagueness Doctrine;

9. Human Right Law Defined

1. Human rights law refers to the body of legal principles, treaties, conventions, and
customary norms that are designed to protect and promote human rights. It encompasses
both international and domestic legal frameworks that recognize and guarantee the rights
and freedoms of individuals.

Here is a definition of human rights law provided by the United Nations Office of the
High Commissioner for Human Rights (OHCHR):

"Human rights law is a body of international law designed to promote and protect
human rights at the international, regional, and domestic levels. It encompasses
both treaties and customary international law, which establish the obligations of
States to respect, protect, and fulfill human rights, and the mechanisms through
which individuals or groups can seek remedies for violations of their rights." 36

10. Components
The four components of a human right are a subject or a rightholder, a duty-holder, an object and
implementation.

1. 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. 37

2. 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. 38

35 Primicias v. Fugoso, G.R. No. L-1800, January 27, 1948

36 United Nations Office of the High Commissioner for Human Rights (OHCHR), "Human Rights Law,"
accessed June 2023, https://www.ohchr.org/en/professionalinterest/pages/internationallaw.aspx
37 Drzewicki, 1993, p. 28
38 Drzewicki, 1993, pp. 28-29

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3. 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. 39

4. 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. 40

---000---
Posttest for Chapter 2:

1. When does the life of a new human being commence, as supported by scientific evidence?

a. At the moment of birth

b. During childhood
c. At the moment of conception
d. After reaching adulthood
e. At the end of life

2. Imagine a scenario in which an individual is being held in custody by the authorities, and they
are subjected to severe physical and psychological pain as a form of punishment. Which of the
following statements about the individual's rights is accurate, considering the principle of
inalienable human rights?

a. The individual's right to freedom from torture can be rightfully taken away in this
situation.
b. The individual's right to freedom from torture remains inalienable and cannot be
rightfully taken away.
c. The individual's right to freedom from torture depends on their behavior.
d. The authorities have the discretion to decide whether the individual retains this right.
e. In this scenario, the individual's rights are temporarily suspended.

3. What does the term "human rights law" encompass, as defined by the United Nations Office of
the High Commissioner for Human Rights (OHCHR)?

a. Only international treaties

b. Only customary international law
c. Both international and domestic legal frameworks
d. Only regional legal frameworks
e. Only obligations of States

4. How does the government regulate constitutional and civil rights using its sovereign "police
power"?

39 Drzewicki, 1993, p. 29
40 Drzewicki, 1993, p. 29

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a. By directly enforcing regulations without involving anyone else.

b. By asking the Courts to control these rights.
c. By delegating the power to make rules to local governments like cities and towns.
d. By leaving it to individual citizens to decide how to use these rights.

5. What are the two important requirements for a lawful exercise of Police Power, according to
the article?

a. It should prioritize the government's interests, and it must be done secretly.

b. There should be a good reason, and it must follow the law.
c. It should target specific groups within society, and it should be swift.
d. It must not infringe on individual rights, and it requires approval from the President.

6. Is a set of newly emerging human rights which includes the right to development and the right
to live in peace, environment and among others.

a. First Generation of human rights;;

b. Second Generation of human rights;
c. Third Generation of human rights;
d. Modern human rights;
e. None of the above;

7. Which of the following best describes the purpose of human rights law?

a. To limit the rights and freedoms of individuals

b. To promote and protect human rights at all levels
c. To establish obligations of individuals regarding human rights
d. To create mechanisms for governments to avoid human rights issues
e. To limit the scope of international treaties

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