HUMAN RIGTS/ CLJ REVIEWER

MODULE 1
Human Rights - are the aggregate of privileges, claims, benefits, entitlements, and moral guarantees that
pertain to man because of his humanity.
Human Rights - also defined as ‘legal and moral entitlements that have evolved as a basis for
constructing how state power is used and particularly to limit its use against the rights of citizen’.
Jean Jacques Maritain - french philosopher - stressed why human has Rights
Pope John XXIII - shares the thought of Jean Jacques Maritain.
- he wrote that any human society, if it is to be well- ordered and productive, must lay down as a
foundation.
Jose W. Diokno - said that "no cause is more worthy than the cause of human rights" and " they are what
make man human.
Karel Vasak - Czech French Jurist classify them into 3 generations of rights in 1979.

1. FIRST GENERATION - gradually evolved over centuries during the long development of
democratic society and serve as a protection of the individuals from the arbitrary exercise of
police power.
 Winluck Wahiu - writes that civil and political rights are individual rights.
2. SECOND GENERATION - started to be recognized when people realized that possession of
the first generation of liberty rights would be valueless without the enjoyment of economic,
social and cultural rights.
3. THIRD GENERATION - intended to benefits individuals, groups and peoples and its
realization will need global cooperation based on international solidarity Rosas and Scheinin
1999, p. 55
THREE PRINCIPLES OF HUMAN RIGHTS
 UNIVERSALITY

- means that rights belong to and are to be enjoyed by all human beings without distinction of
any kind, such as race, color, sex or language, religion, political and other opinion, national or
social origin, property, birth or other structure.
- also means that the internationally recognized human rights are the basic core minimum to be
observed everywhere without regional differences.
 INDIVISIBILITY

- Human rights are indivisible. Whether they relate to civil, cultural, economic, political or
social issues, human rights are inherent to the dignity of every human person.
 INTERDEPENDENCE

- The fulfillment, enjoyment or exercise of a particular right cannot be attained without the
realization of the other rights.
CHARACTERICTIC OF HUMAN RIGHTS
1. Inherent - means that rights are the birth right of all human beings, existing independently of
the will of either an individual human being or group.
2. Inalienable ("unalienable") - means that no person can deprive any person these rights and
no person can repudiate these rights by himself.
3. Universal - means that these rights belong to every human being, no matter what he or she
like.
FOUR COMPONENTS OF HUMAN RIGHTS
1. Subject / 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.
2. 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.
3. 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.
4. 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.
- A sample subject or right-holder and an object or content of a human right can be found in
Article III, Section 12 of the 1987 Constitution that provides "1. Any person under
investigation for the commission of an offense shall have the right to be informed of his right
to remain silent and to have competent and independent counsel preferably of his own
choice."

THREE STAGES OF HUMAN RIGHTS

IDEALIZATION - Means that notions about human rights have started in the realm of ideas that
reflect a consciousness against oppression, dehumanization or inadequate performance by the
State.
POSITIVIZATION - Is the second stage where support for the ideas became strong and the
stage is set to incorporate them into some legal instruments, whether domestic law or
international law.
REALIZATION - Is the last stage where these rights are enjoyed by the citizens of the State by
the transformation of the social, economic, and political order.

THREE OBLIGATIONS OF STATE PARTIES

 1. OBLIGATION TO RESPECT - It indicates the negative character of civil and political
rights, commanding state parties to refrain from restricting the exercise of these rights where
such is not expressly allowed.
2. OBLIGATION TO ENSURE - It indicates the positive character of civil and political rights
and the economic, social and cultural rights.
3. OBLIGATION TO PROTECT - this means preventing private individuals, groups or
entities from interfering with the individuals civil and political rights. The horizontal efforts
(application of human rights between individuals or other private subjects) depend on the
wording of a given rights.

Simon v. Commission on Human Rights, G.R. No 100150, January 5, 1994

The case all started when a "Demolition Notice," dated 9 July 1990, signed by Carlos Quimpo
(one of the petitioners) in his capacity as an Executive Officer of the Quezon City Integrated Hawkers
Management Council under the Office of the City Mayor, was sent to, and received by, the private
respondents (being the officers and members of the North EDSA Vendors Association, Incorporated). On
12 July 1990, the group, led by their President Roque

Soriano v. Pineda, CA-G.R SP No. 31546, August 10, 1994

Petitioner Ronald Soriano was convicted of the crime of reckless imprudence resulting to
homicide, serious physical injuries and damage to property after being involved in a vehicular accident
which killed Isidrino Daluyong. His application for probation was granted and among the terms and
conditions imposed were: (a) he shall meet his family responsibilities; (b) devoting to a specific
employment or pursuing a prescribed secular study or vocational training; (c)indemnify the heirs of the
victim Daluyong in the amount of P98,560.A motion to cancel his probation was filed due to his failure to
indemnify the heirs of the victim and a supplemental motion alleging petitioner’s commission of another
crime while he was awaiting arraignment.

Oplan v. Factoran, 224 SCRA 792 (1993)

An action was filed by several minors represented by their parents against the Department of
Environment and Natural Resources to cancel existing timber license agreements in the country and to
stop issuance of new ones. It was claimed that the resultant deforestation and damage to the environment
violated their constitutional rights to a balanced and healthful ecology and to health (Sections 16 and 15,
Article II of the Constitution). The petitioners asserted that they represented others of their generation as
well as generations yet unborn.

Baldoza v. Dimaano, 71 SCRA 152 (1976)

In a verified letter-complaint dated September 9, 1975, the Municipal Secretary of Taal,

Batangas, charges Municipal Judge Rodolfo B. Dimaano, of the same municipality, with abuse of
authority in refusing to allow employees of the Municipal Mayor to examine the criminal docket records
of the Municipal Court to secure data in connection with their contemplated report on the peace and order
conditions of the said municipality.

David v. Pres. Gloria Macapagal Arroyo, et al., G.R. No 171396

 On February 24, 2006, as the nation celebrated the 20th Anniversary of the Edsa People Power
I,President Arroyo issued PP 1017 declaring a state of national emergency and call upon the Armed
Forcesof the Philippines (AFP) and the Philippine National Police (PNP), to prevent and suppress acts of
terrorism and lawless violence in the country. In the early morning of February 25, 2006, operatives
of the Criminal Investigation and DetectionGroup (CIDG) of the PNP, on the basis of PP 1017 and G.O.
No. 5, raided theDaily Tribuneoffices inManila and attempt to arrest was made against
representatives of ANAKPAWIS, GABRIELA and BAYANMUNA whom suspected of inciting to
sedition and rebellion.

Almario v. The Executive Secretary, 701 SCRA 269 (2013)

The national artists (Almario, Lumbera, et. al.) filed a petition questioning President Arroyo's
abuse of her discretion by proclaiming as national artists individuals (Guidote- Alvarez, Caparas, Mañosa,
and Moreno) who have not gone through the rigorous screening and selection process of the NCCA and
the CCP.

Vivares v. St. theresa's College, G.R. No. 202666, September 29, 2014

- two minor students, Julia and Julienne, were disciplined by St. Theresa's College for posting photos on
Facebook. These photos showed them in undergarments while changing into swimsuits for a beach party.
The case brought attention to the writ of habeas data, emphasizing the protection of individuals'
informational privacy. It delved into the delicate balance between an individual's right to privacy and their
engagement in societal activities.

Pestilos v. Generoso, G.R. No. 182601, November 10, 2014

- the Supreme Court upheld the warrantless arrest of the petitioners and deemed the inquest proceedings
against them as valid. The petitioners were Joey M. Pestilos, Dwight Macapanas, Miguel Gaces, and Jerry
Fernandez. The court's decision allowed the criminal proceedings against the petitioners to proceed. The
case involved legal considerations regarding warrantless arrests and inquest procedures.

Sen. Jinggoy Estrada v. Ombudsman, G.R. Nos. 212140-41, January 21, 2015

- the legal question revolved around whether Senator Jinggoy Ejercito Estrada was denied due process
during the preliminary investigation conducted by the Office of the Ombudsman. The complaints filed
against him and others were related to Plunder and violations of the Anti-Graft and Corrupt Practices Act
(RA 3019).
THE 1987 CONSTITUTION
 The basic source of human rights law in the Philippines.
 It is rich in human rights content and constitutes a vast improvement of the previous Philippine
Constitutions, Namely,

1. 1897 Biak na bato constitution

- provisionary constitution of the phlippine republic during the republic revolution
- Three Basic Human Rights
 freedom of religion
freedom of the press
right to education
2. 1899 malolos constitution
- first republic of the philippines
-people have exclusive sovereignty
3. 1935 constitution
-provided legal basis of the commonwealth government
4. 1943 constitution
- second republic of the Philippines
5. 1973 constitution
-authoritarian nature yet democratic impractice
6. 1986 freedom constitution
- declaring a national policy to implement the reforms mandated by the people protecting their
basic human rights

FIRST GENERATION OF HUMAN RIGHTS

 Article 3 Bill of Rights

SECOND GENERATION OF HUMAN RIGHTS

 Article 12 National Economy and Patrimony
- promoting industrialization and full employment and to protect filipino enterprises against
unfair foreign competition and trade practices as well as natural resources
 Article 13 Social Justice and Human Rights
- protect the rights of individual and to have social justice equality
 Article 14 Science and Technology Arts Culture and Sports
- promoting and protecting the rights of filipino to have an education

THIRD GENERATION OF HUMAN RIGHTS

 Article 2 Declaration of Principles and State Policies
- general principle and goals serve as guide for government for decision making processes.
 Article 15 The Family
- states the right of every member of the family and the duty of states to strengthen and nourish
the smallest unit of our society which is the family.

COMMISSION OF HUMAN RIGHTS

- one of the first national human rights commission in the world.

- section 18, article 13 of the 1987 constitution
- to investigate human rights violations involving civil and political rights
FIRST GENERATION OF RIGHTS
1. RA. 7438 (Rights of Person Arrested, Detained or Under Custodial Investigation)

- act defining the certain acts of person being arrested detained or under custodial investigation
as well as duties of the arresting detaining and investigating officer and providing penalties
for violations therefore.
2. RA 8493 (Speedy Trial Act of 1988)
- establishes the duration for trial from start to finish

3. RA 10350 (Anti Enforce Disapperance Act)

- it is the official legislation that was passed by the filipino government to address the issue of
enforced disappearance
4. RA 9745 (Penalizes Act of Torture)

- an act penalizing torture and other cruel, inhuman degrading treatment or punishment and
prescribing penalties therefore.
5. RA 9851 (Penalizes Crimes Against International Huminatarian law, etc)

- an act defining and penalizing crimes against international huminatarian law, genocide and
other crime against humanity, organizing jurisdiction, designating special courts and for
related purposes.
6. RA 10368 (Creation of Human Rights Victims Claim Board)

- an act providing for reparation and recognition of victims of human rights violations during
the marcos regime, documentation of said violation, appropriating funds therefor and for
other purposes.

SECOND GENRATION RIGHTS

7. RA 6657 (Comprehensive Agrarian Reform Law)
- an act instituting a comprehensive agrarian reform program to promote social justice and
industrialization, providing the mechanism for its implementation and for other purposes.

8. RA 7279 (Urban Development and Housing Act of 1993)

- providing tax incentives to government owned and controlled corporation and local
government units as well as private sector participating in socialize housing and community
mortgage program.
9. RA 8282 (Social Security Act of1992)
- The law ammended the SSS provided better benefit packages, expansion of coverage,
flexibility in investment, stiffer penalties for violators of the law, condonation of penalties of
delinquent employers and the establishment of a voluntary provident fund of the members.

10. RA 6938 (The Cooperative Code)

- an act to ordain a cooperative code of the Philippines

11. RA 8435 (Agriculture and Fisheries Modernization Act of 1997)

 - mandated the department of agriculture to formulate and implement a medium- and long-term
comprehensive agriculture and fisheries modernization plan.

THIRD GENERATION OF RIGHTS

12. RA 7192 (Women in Development and Nation-Building Act)
- directs all government agencies to institute measures that would eliminate gender bias in
government policies, programs and projects to ensure that women are given that means to
participate fully in development and nation building.
13. RA 8505 (Rape Victim Assistance and Protection Act of 1998)
- an act providing assistance and protection for rape victims establishing for the purpose of
rape crisis center in every province and city, authorizing the appropriation of funds therefor
and for other purposes.

14. RA 6955 (Declares Unlawful the Practice of Matching Filipino Women for Marriage to Foreign
Nationals on a Mail Order Basis)
- including the advertisement, publication for rape victims, or distribution of brochures, fliers
and other propaganda material in furtherance thereof and providing penalty.
15. RA 9710 (An Act Providing the Magna Carta for Women)
- seeks to eliminate discrimination through the recognition, protection, fulfillment and
promotion of the rights of the Filipino women especially those belongings to the
marginalized sectors of society.
16. RA 8505 (Rape Victim Assistance and Protection Act of 1998)
- an act providing assistance and protection for rape victims establishing for the purpose of
rape crisis center in every province and city, authorizing the appropriation of funds therefor
and for other purposes.
17. RA 6955 (Declares Unlawful the Practice of Matching Filipino Women for Marriage to Foreign
Nationals on a Mail Order Basis)
- including the advertisement, publication for rape victims, or distribution of brochures, fliers
and other propaganda material in furtherance thereof and providing penalty.
18. RA 9710 (An Act Providing the Magna Carta for Women)
- seeks to eleminate discrimination through the recognition, protection, fulfillment and
promotion of the rights of the filipino women especially those belongings to the marginalized
sectors of society.

THE INTERNATIONAL BILL OF RIGHTS

- The 1987 Constitution contains an Incorporation Clause that can be found on Article II,
section 3 stating that “The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as a part of the land.

1. U Thant
- former secretary general of the united nation called the ICCPR as a “Magna Carta for
Mankind.”
2. Commission on Human Rights of the United Nations
- was tasked to prepare the universal declaration of the human rights.
- it has eight members of drafting committee chaired by Mrs. Eleanor Roosevelt.
 - December 10 1948, general assembly adopted the declaration at the Chaillot Palace on Paris.
- 48 votes, none against and 8 abstentions.
3. Preamble to the Declaration of Universal Human Rights
- important because it refers to the concepts of inherent human dignity and the inalienable
nature.
- it calls for intercultural consensus by indicating that “ a common understanding of the right
and freedoms is of greatest importance for the full realization .” -pledge of the members of
the UN.
4. The Declaration

- first internationally adopted catalogue of human rights

- one of the best legal instruments on human rights
- considered on Guinness World Record for most translated document in the world.

5. Mary Robinson

- former High Commissioner of Human Rights

- the language of human rights.

PHILOSOPHY OF HUMAN RIGHTS

- its goal is to ensure freedom, justice and equality for all.

The other sources of human are philosophy and religion.

The writings, exposition, and discourses of John Locke, Jean Rousseau, Baron de Montesquieu,
Immanuel Kant, and other influenced the development and enrichment of Human rights.

Enlightenment thinkers who made Significant Contributions to the

Philosophy of Human Rights

1. John Locke (1632-1704)

- an English Philosopher, who wrote the "Second Treatise of Government"
- Introduced ideas of natural rights, consent of the governed, separation of church and state, and the
social contract. (Standard Encyclopedia of Philosophy, 2012)

2. Jean Jacques Rousseau (1712- 1978)

- A Franco-Swiss Philosopher, authored his masterpiece "The Social Contract".
- He postulated a social contract by which the citizens surrender their rights to the "general
will" of the people which must aim at the impartial good.
 - Adorned the claims of natural rights
- Citizen preserves themselves and remain free (Standard Encyclopedia of Philosophy, 2010)

3. Baron de Montesquieu (1689- 1755)

- A French philosopher, who wrote ‘’The Spirit of the laws’’, his magnum opus, to explain
human laws and institutions.
- He saw despotism, " a single person directs everything by his own will and caprice".
- He also argued that it could best be prevented by a system of separation of powers in which
different bodies exercise legislative, executive, and judicial power.
- By that theory of separation, the U.S Constitutional Convention of 1787 initially inspired.
(Britannica Consice Encyclopedia)

4. Immanuel Kant (1724 - 1804)

- A German Philosopher, who wrote the "Categorical Imperative" which is the central in his
deontological moral philosophy.
- He argued that human rights originate from the formal properties of human reason, rather
than the will of higher being
- His philosophy is considered a major foundation for human rights, as it emphasizes autonomy
and equality.

RELIGION ON HUMAN RIGHTS

- Embedded in the sacred scriptures and books of the world's religions and lessons and teachings
on human dignity, sanctity of life, worth of conscience, social justice, respect for the integrity of
creation, rights of prisoners, rights of persons with disabilities, rights of minorities, rights of
children etc. In Christianity, one finds them in the Old Testament and New Testament.

Amos 5:24 Command "let justice flow like a stream, and righteousness like water that never goes dry."

Isaiah 61: 1-3 instructs us "to bring good news to the poor" to heal the broken hearted," and "to announce
released to captives."

Matthew 26:35 Reminds us that one who is blessed by god and one who will inherit the kingdom is he or
she who gives food to the hungry, drink to the thirsty, clothing to the naked, care to the ill and visitation
to those in prison.

Luke 1:46 Is the canticle of Mary and it speaks to the mighty one who has dispersed the arrogant mind
and heart, thrown down the rulers from their thrones but lifted up the humble and filled the hungry with
good things.
In the "Our Father", the prayer taught by Jesus Christ, we are told about the father of all who gives food
(material, spiritual bread, etc.) to his children.

Koran 5:2 states that "who so slays a soul not you retaliate for a soul slain, nor for corruption done in the
land, shall be us if he had slain mankind altogether.

Koran 2:84 requires that "Ye shall not shed your brothers blood, nor dispossess one another of your
habitations."

ARTICLE II: Declaration of Principles and State Policies

Article II contains 28 sections divided into two parts. The first part enumerates the principles of
the State such as the democratic and republican nature of the Philippine State; the supremacy of civilian
authority over the military; the people's duty to defend the State; separation of Church and State; and
renunciation of war as an instrument of national policy. While the second part stipulates the State policies
such as the promotion of an independent foreign policy; recognition of the youth's and women's role in
nation-building; promotion of a comprehensive rural development and agrarian reform; and the
promotion of social justice.

ARTICLE III: Bill of Rights

Article III recognizes the individual rights of the Filipino people and guarantees its protection
against abuses. Included in the bill of rights are: due process of law; equal protection of the laws;
protection against unreasonable searches and seizures; right to privacy of communication and
correspondence; and the right to free speech, expression and to peaceably assemble. The specific rights of
the accused is likewise presented, such as; right to bail, right to criminal due process, right to speedy
disposition of cases, right against self-incrimination, non-imprisonment for non payment of debtor a poll
tax, and right against double jeopardy. It further prohibits the enactment of an ex post facto law or a bill
of attainder.

ARTICLE XII: National Economy and Patrimony

Article XII declares the aims of the State for amore equitable distribution of opportunities,
income, and wealth; sustainable development and industrialization; and full employment of its citizens.
All natural resources except agricultural lands are owned by the State. It stipulates the limitations on the
exploration, development and utilization of these natural resources by Filipino citizens, private
corporations or associations, and foreign-owned corporations. Congress is mandated to establish an
independent economic and planning agency and an independent central monetary authority. Section 17
grants the State the power to take over or direct the operation of any privately-owned public utility or
business affected with public interest in times of national emergency.

The 1987 Constitution of the Philippines

This Constitution reinstated the bicameral legislature, removed the position of Prime Minister,
and strengthened certain provisions to prevent government abuse, empower the people, and ensure the
operation of republican and democratic principles. The Constitution is divided into a Preamble and 18
parts called Articles.
Universal Declaration on Human Rights

- It declares that human rights are universal

- to be enjoyed by all people, no matter who they are or where they live.

Mejoff v. Director of Prisons, 90 Phil. 70 (1951)

Boris Mejoff, a Russian, was captured as a Japanese spy by the US Army Counter
Intelligence Corps on March 18, 1948. He was turned over to the Phil Commonwealth
Government for appropriate disposition. His case was decided on by the Board of
Commissioners of Immigration who declared him as an illegal alien. The Board ordered his immediate
deportation. In the meantime, he was placed in prison awaiting the ship that will take him back home to
Russia. Two Russian boats have been requested to bring him back to Russia but the masters refused as
they had no authority to do so. Two years passed and Mejoff still under detention awaiting the ship that
will take him home. This case is a petition for habeas corpus. However, the respondent held that
the Mejoff should stay in temporary detention as it is a necessary step in the process of exclusion or
expulsion of undesirable aliens. It further states that is has the right to do so for a reasonable length of
time.
John Locke's Second Treatise of Government

is an essay written by English philosopher John Locke and published in 1690. It is a significant
work in political philosophy and discusses the principles of government and the rights of individuals. The
treatise argues for the idea of natural rights, including life, liberty, and property, and emphasizes the
consent of the governed as the basis for legitimate political authority. It remains an important text in
political theory and is widely studied today.

Amos 5:24 - Justice and righteousness

Isaiah 61:1-3 - Rights of prisoners
Matthew 26:35 - Worth of conscience
Luke 1:46 - Respect for the integrity of creation
Koran 5:2 - Sanctity of life
Koran 2:84 - Sanctity of life
examples: Cain and Abel
Mary’s Magnificat

It’s the visit to Elizabeth. In this section, Elizabeth utters. her praise of Mary; she praises Mary as
the mother of the Lord and as woman of faith. Mary responds to Elizabeth's praise with her own song.
Thus, the Magnificat responds to Elizabeth as a praise of God.

Rules of St. Banedict

The Rule revolves around five practices: Prayer, Work, Study, Hospitality and Renewal. Prayer is
the foundation to the monastic life and calling, and can be a constant part of the life of non-monastics as
well.

James Madison Paper No. 51

 In Federalist Paper No. 51, Madison discusses the importance of dividing power among the
different branches of government as outlined in the Constitution. He emphasizes the need for checks and
balances to prevent abuses of power by the national government and to protect against the concentration
of power in any one branch. Madison and the framers of the Constitution believed in the separation of
powers and the importance of each department having the ability to check the powers of the others.

Franklin D Roosevelt’s “Thee Four Freedom Park’’; 1941 Annual Message to Congress, January 6,
1941

In this address, Roosevelt emphasized the importance of supporting Great Britain in its war
against Nazi Germany and highlighted the shared commitment between the two nations to four universal
freedoms. These "Four Freedoms" included freedom of speech, freedom of worship, freedom from want,
and freedom from fear. Roosevelt aimed to rally public support for the United States to take a more active
role in the conflict and outlined preparations for the country's potential entry into World War II. The
speech played a significant role in shaping America's foreign policy and its eventual involvement in the
war.

Emilio Jacinto’s “Kartila ng Katipunan”

- served as the guidebook for new members of the organization, which laid out the group's rules
and principles.

MODULE 2
The Three Generation of Human Rights

Bill of rights in the 1987 Constitution

• The Bill of rights is a regular fixture in all Philippine Constitution, Except in the Biak-na-
Bato Constitution of 1897.
• The Bill of Rights is an Enumeration of civil and political rights that are Self-executing
and serves as a restriction upon the powers of the state.
• Traces its beginning to Britain’s 1689 Declarations of rights that later on become known
as Bill of Rights of 1689
• The Bill of rights of 1689 influenced of Bill of Rights in the state Constitution of
Massachusetts, New Jersey and Virginia, and finally the introduction of the first ten
amendments to the US Constitution which are now known as Bill of rights of 1791

“What the Bill of Right does” Wrote Fr. Joaquin Bernas, S.J.,
“Is to declare some forbidden zone in the private sphere inaccessible to any power holder”
The Four types of 1973 Constitutions
1. The completely new provisions like;
2. The old provisions that contain amendments by addition like
3. The old Provisions where words and phrases were amended by deletion like;
4. The old provisions that remained intact like;

Comprehensive Agreement on Respect for Human Rights and International Humanitarian

Law
This is the first substantive agreement signed by the Negotiating Panels of the
Government of the Republic of the Philippines and the National Democratic Front on March 16,
1998 in The Hague, The Netherlands.

The Seven Parts of Comprehensive Agreement

1. The Preamble which introduces the Agreement and articulates the reasons for and the
intention of the parties in entering into the Agreement
2. Declaration of Principles;
3. Bases, Scope, and Applicability;
4. Respect for Human Rights;
5. Respect for International Humanitarian Law;
6. Joint Monitoring Committee; and
7. Final Provisions.
“The three principles of human rights, namely, universality, indivisibility, and
interdependence are enunciated in the Agreement through numerous rights.”

CIVIL AND POLITICAL RIGHTS (FIRST GENERATION OF RIGHTS)

The Universal Declaration of Human Rights (UDHR)

 - is a milestone document in the history of human rights.
- It sets out, for the first time, fundamental human rights to be universally protected and it
has been translated into over 500 languages.

International Covenant on Civil and Political Rights

It is divided into:

*Preamble
- Parts 1-3 (Article 3-27)
- contain all substantive rights and some general provisions
* Parts 4-6 (Articles 28-53)
- contain the international monitoring provisions, some principles of interpretation, and
final clauses

Article 3 - Article 21
- contains the catalogue of civil and political rights of the first generation.
These are:
-the right to life, liberty, and security
-freedom from slavery and servitude
-freedom from torture and inhuman treatment or punishment
-the right to recognition as a person before the law
-freedom from arbitrary arrest, detention, or exile
-the right to equal protection of the law
-the right to an effective remedy
-the right to a fair trial
-the right to privacy
-freedom of movement and residence
-the right to nationality
-freedom of thought, conscience, and religion
-freedom of opinion and expression
-freedom of assembly and association
-the right to property
-the right to participate in government
etc...

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS (SECOND GENERATION OF

RIGHTS)
Social Justice and Human Rights in the 1987 Constitution
- The Article on Social Justice and Human Rights is an innovation in the 1987
Constitution. It is not found in previous Philippine Constitutions.
It contains a rich inventory of economic, social and cultural rights;
1. Rights of all workers to self-organization, collective bargaining, and negotiations, and
peaceful concerted activities
2. Right to security of tenure, humane conditions of work, and a living wage.
3. Right to agrarian and natural resources reform.
4. Right to health.
5. Right of working women by providing them safe and healthful working conditions.

Commissioner Teresa Nieva

- Chairperson of the Committee on Social Justice in the 1986 Constitutional Commission,
said that social justice is the centerpiece of the 1987 Constitution and rights, dignity, and
participation remain illusory without social justice.

• Jose P. Laurel, in Calalang v. Williams (70 Phil. 726)

Defined Social Justice as;
* neither communism
* nor despotism
* not atomism
* nor anarchy
" But the humanization of laws and the equalization of social and economic forces by the
State".
Universal Declaration of Human Rights

* 1st Generation of rights

* 2nd Generation of rights

•Declaration - is not only a repository of the first generation of rights but also of the second
generation of rights.

Article 22-27
• Right to social security
• Right to work
• Right to rest and leisure
• Right to an adequate standard of living
• Right to education
• Right to participate in the cultural life

The African Charter on Human and People's Rights

Protects;
• The Right to Work in article 15
• The Right to Health in article 16
• The right to Education in Article17

European Social Charter

• Right to works
• Right to join trade unions
• Collective labor in Articles 1 to10
• Right to health in Article 11
• Right to social security
• Right to medical assistance

International Covenant on Economic, Social, and Cultural Rights

- This covenant is the sister of covenant of the international covenant on civil and political rights.
The two sister covenants were adopted unanimously by 106 states.

The Covenant Consist of 31 articles Contained in Six Section

Part ||| that lists the rights to be protected:

Article 6. These rights are the right to work,

Article 7. The right to fair conditions of employment,
Article 8. The right to join and form trade unions
Article 9. The right to social security,
Article 10. The right to protection of the family
Article 11. The right to an adequate standard of living, including the right to food, clothing, and
housing.
Article 12. The right to health
Article 13. The right to education, Article 15. The right to culture

SOLIDARITY/COLLECTIVE RIGHTS
(THIRD GENERATION OF RIGHTS)
Peace, Development, Environment

1. Right to peace
- belongs to the category of solidarity/collective rights. It is universally recognized that
peoples of the earth have a sacred right to peace and that the preservation of the right of
peoples to peace and the promotion of its implementation constitute a fundamental
obligation of each State.
2. Right to development
- Development is a comprehensive economic, social, cultural and political process which
aims at the constant improvement of the well-being of the entire population and of all
individuals through their meaningful participation (Declaration on the Right to
Development, 1986).
Amartya Sen
o defines development as a process of expanding the freedoms that people enjoy and
requires the removal of major sources of unfreedom like poverty, tyranny, poor economic
opportunities, systematic social deprivation, neglect of public facilities, intolerance or
overactivity of repressive states.

3. The Right to Environment

- is seen today as an important right because of global warming, climate change, the
damaging effects of environmental pollution on human beings and the degradation of the
world's environment that includes land, water, and air.

Stockholm Conference
- this conference is considered an important starting point in developing environmental law
at the global and national levels.

Women
- Women, children, persons with disabilities and indigenous peoples are among the
world's vulnerable, disadvantaged and marginalized groups of people or sectors. They
have rights but these are violated.
- The denial of basic rights to women, leading to restricted choices, increased vulnerability
to violence, and challenges in accessing justice.
It provides examples such as;
• High maternal mortality rates,
• Increasing HIV infection rates due to social and economic vulnerability
• Gender-based violence
• Low literacy rates
• Unequal pay
• Discriminatory laws.
The Main International Human Rights Instruments Relevant to Women's Rights
• The Declaration on the Elimination of Discrimination Against Women
• The Convention on the Elimination of All Forms of Discrimination Against Women,
• The Convention on the Political Rights of Women,
• The Declaration on the Protection of Women and Children in Emergency and Armed
Conflict.
CHILDREN
“Children's rights are denied all across the world, despite the fact that they are the future”.
The Convention on the Rights of the Child
- Is the first legally binding international instrument on children's rights, contains the full
range of human rights that children should enjoy. Children have rights as human beings
and require special care, attention, and protection due to their vulnerability.
The UNICEF Convention on the Rights of the Child identifies three fundamental rights that
every child should have:
• The right to life,
• The right to full development,
• The right to be free of harmful influences, abuse, and exploitation, and the right to fully
participate in family, cultural, and social activities.
Persons with Disabilities
● Article 1 of the UN convention on the Right of
Persons with disabilities (2008)
-defines persons with disabilities as those "who have long-term physical, mental, intellectual
may hinder them full and effective participation in on an equal basis with others" of society
Republic Act No. 7277 (Magna Carta for Disabled persons) 1992
• The United Nations estimates that there are 50 million PWD’s in the world today.
• The World Health Organization (WHO) estimates that 15% of world's population
prevalence is higher than in durability and the post-conflict countries.
• PWDs suffer from discrimination and often do not enjoy the same opportunities like
other people because of lack of access to essential services.

Indigenous People
• are those people who have been historically belonged to a particular region or country
before its colonization or transformation into a nation state avid may have different -
often unique - cultural, linguistic, traditional and other characteristics to those Of
Dominant culture of that region or state.
• In 2010, there were approximately 370 million indigenous people spanning 70 countries
worldwide. In the Philippines, Indigenous peoples are estimated to comprise 10% of the
population of about 100 million
• The UN Declaration on the Rights of Indigenous People (2007) recognizes that
indigenous people have Suffered from historical injustices as a result of, others, their
colonization and dispossession of their lands, territories and resources, preventing them
from exercising their right to development based on their needs and interests.
• The UN Declaration on People is the Rights of Indigenous most comprehensive in
instrument detailing the rights of Indigenous peoples in international law and policy,
containing minimum standards for the recognition. protection. and promotion of these
rights