Concepts ,Principles and Framework of Human Rights

Presented by: Nelia B. Almonte Commission on Human Rights Region V, Legazpi City

What are Human Rights?

Human Rights are generally defined as those rights which are inherent in our nature and without which we cannot live as human beings. (United Nations) Human Rights are the supreme inherent and inalienable rights to life, to dignity and to self development. It is the essence of this rights that makes man human. (CHR)

Basic Principles of Human Rights

First : None of us asked to be born. And regardless of who our parents are and what they own, all of us are born equally naked and helpless, yet with his own hand, his own will and talents. All of us have equal rights to life, and share the same inherent human dignity. Thus we all have the right to life, to dignity and develop ourselves. - This are traditionally knows as the rights of men.

Second: Even if we may not know who our parents are, we are never born without parents, and never outside society, a society with its own peculiar culture, history and resources.

So, besides our rights as person, we have rights as society, rights which we can exercise collectively as a people. Thus, we have the right to survive, to self determination and to develop as a people. - known as the rights of the people.

Third : Once a society reaches a certain degree of complexity, as almost all societies have, society can act only through government. But a government always as agent of the society; it never becomes the society it self; it never becomes the people themselves.

As a society grows as a nation, it enters into relationships with other governments or states. Society enters into treaties and agrees to abide by the International Law. Philippine Constitution states The Philippines.adopts a generally accepted principles of international law, as part of the law of the land and adheres to the policy of peace..with all nations.

Principles and characteristics of Human rights : inherent, fundamental, inalienable, imprescriptible, indivisible, universal and interdependent.

Human rights are INHERENT because they are not granted by any person or authority. They do not need any event for their existence. Some examples of these rights are the right to life and the right to dignity as human being.

Human rights are FUNDAMENTAL because without them the life and dignity of man will be meaningless. Some examples of human rights as fundamental are the right to individual liberty and security of a person or freedom of thought or religion.

Human rights are INALIENABLE because they cannot be rightfully taken away from a free individual. An example is the freedom from torture. No authority can validly and legally torture an individual. They cannot be given away or be forfeited.

Human rights are UNIVERSAL to all human beings irrespective of their origin, status or condition or place where they live. Human rights are universal because said rights can be enforced without national border.

Human rights are INDIVISIBLE because they are not capable of being divided. They cannot be denied even when other rights have already been enjoyed. Examples of these are the freedom of expression of belief or opinion. They include the right to freedom of religion and worship.

Human rights are INTERDEPENDENT because the fulfillment or exercise of one right cannot be attained without the realization of the other. The respect of human rights necessarily includes the realization of mans dignity. An example is the right to life and existence as a person. These cannot be realized without the right to work in order to maintain a good standard of living.

Human rights are IMPRESCRIPTIBLE because they cannot be lost even by a long passage of time. Man does not lose his rights even if he fails to use or assert them. Some examples are freedom of thought, conscience and religion.

Human Rights Framework

Human Rights Framework are designated to be legally, politically and morally binding set of principles for governments.

Human Rights Framework

International Framework

Domestic Framework 1987 Phil. Constitution Codes Rules /Jurisprudence Special Laws Issuances

Treaties, Covenants, Statutes, Protocols and Conventions legally binding Declarations and Principles political statements

International HR Framework
A. UN Charter (June 26, 1945, USA)
Significant HR provisions: - All creatures belonging to the human race have equal and inalienable rights - members pledge themselves to take joint and separate action in cooperation with other organization

UN Charter...
- Members thereby commit to promote universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion

a. Consequences of the HR provisions in the UN Charter:

Human Rights are matters of international concerns Members agreed to cooperate in the promotion of human rights Created organizations designed to ensure compliance

b. Measures undertaken to ensure the realization of objectives in the UN Charter:

Promulgated and adopted various international HR instruments, foremost of which are: the UDHR and the International Bill of HR; Established institutions, agencies, committees with enforcement mechanisms; Created specialized agencies with programs for the protection and promotion of Human Rights

International HR Framework
B. International Bill of Human Rights

Universal Declaration of HR (UDHR) (Dec. 10, 1048) International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social and Cultural Rights (ICESCR) The Protocols to the ICCPR

Universal Declaration of Human Rights (UDHR) First comprehensive Human Rights instrument to
be proclaimed by a universal international organization The purpose of the Declaration is to provide a common understanding of human rights and fundamental freedoms covered by the UN Charter and to serve as the common standard of achievement for all peoples and all nations (Preamble)

Fundamental Principle of UDHR

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in the spirit of brotherhood.

InternationalCovenant on Civil and Political Rights (ICCPR)

Civil Rights are those rights which the law will enforce at the instance of private individual for the purpose of securing to them the enjoyment of their means of happiness.
Political Rights are those rights which enable us to participate in running the affairs of the government either directly or indirectly.

InternationalCovenant on Civil and Political Rights (ICCPR)

Right to life Freedom from torture, cruel, inhuman or degrading treatment or punishment Freedom from slavery Right to liberty and security of persons Freedom of movement Right to equality before the law Rights of the accused persons Right against retroactive penal laws

ICCPR

Right to recognition as a person before the law Right to privacy Freedom of thought, conscience and religion Freedom of opinion and expresssion Right to international peace and security Right to peaceful assembly Freedom of association, family and marriage Rights of citizens Rights of children Rights of minorities

Derogable and Non-Derogable Rights under the ICCPR

Derogable or Relative Rights may be suspended or restricted or limited depending on the circumstances which call for the preservation of social life. Example: right to freely move may be limited through the imposition of curfews. EXAMPLE

- right to freely move maybe limited through imposition of curfews - the right to freedom of expression, freedom assembly and freedom of association

the of

THREE (3) CONDITIONS BEFORE A RIGHT CAN BE LIMITED/CURTAILED

1. It is only publicly announced or legislated, it is not by official whim only/ or provided by law;
2. There is a state of emergency which requires the urgent preservation of the public moral, public safety and public good; 3. There must be time limit. strictly It must not exceed what is

Classifications of HR

Non-Derogable or Absolute Rights are those that cannot be suspended nor taken away nor restricted/limited even in extreme emergency and even if the government invokes national security.

There are only seven (7) non derogable rights or ABSOLUTE RIGHTS under the International Covenant on Civil and Political Rights: 1. Right to life 2. Freedom from torture or cruel, inhuman or degrading treatment or punishment 3. Freedom from slavery and slave trade, servitude or forced or compulsory labor

4. Freedom from imprisonment on the ground of inability to fulfill a contractual obligation

Non-Derogable Rights: 5. Right against ex post facto law 6. Right to recognition everywhere as a person before the law 7. Freedom of thought, conscience and religion

International Covenant on Economic, Social and Cultural Rights (ICESCR)

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. Cultural Rights are those 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.

International Convention on Economic, Social and Cultural Rights

Right to work Right to enjoy just and favorable condition of work Right to trade unions Right to social security Marriage and family rights Right to adequate standard of living Right to health Right to education Right to culture, arts and science

Optional Protocol to the ICCPR

Aside from the inter-state complaints, individual complaints may now be filed with the UN Human Rights Committee against any member of the UN which signed and ratified , or acceded to. An ordinary citizen may now institute a complaint of HRV by the Philippine government before said Committee should prior exhaustion of internal remedies failed.

Second Optional Protocol to the ICCPR

State parties are of the belief that the abolition of the death penalty contributes to the enhancement of human dignity and progressive development of human rights That all measures of abolition should be considered as progress in the enjoyment of the right to life Pursuant thereto, no person within the jurisdiction of a State party be executed

C. Other CORE HR Instruments

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW )

Convention on the Rights of the Child (CRC) (1989) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment

 Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Convention the Protection of the Rights of Persons with Disabilities (CRPD) (2009) Convention on the Protection of the Rights of Migrant Workers and their Families (MWC) (2004)

D. Other UN Conventions and Key HR Instruments

Declaration on the Protection of All Persons from Enforced Disappearance (DPPED) Convention for the Protection of All Persons from Enforced Disappearance Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment

Standard Minimum Rules for the Treatment of Prisoners (SMR) International Humanitarian Law Code of Conduct for Law Enforcement Officials (COCLEO) Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief (Religious Declaration)

Discrimination (Employment and Occupation) Convention (No.111) Concerning Discrimination in Respect of Employment and Occupation (ILO III)

Intl HR Instruments When a State ratifies a Convention, it has the Obligation to:

HUMAN RIGHTS TREATIES

ICERD ICCPR ICESCR

CEDAW
CAT MWC CRC CRPD

UNITED NATIONS STANDARDS (Declarations)

OTHER HR TREATIES

1. RESPECT
2. PROTECT 3. FULFILL the rights enshrined therein.

DOMESTIC HR FRAMEWORK

1.
2. 3.

1987 Philippine Constitution

Bill of Rights Article III Declaration of Principles and State Policies Article II Social Justice and Human Rights Article XIII

The Revised Penal Code The Revised Rules of Criminal Procedures Family Code of the Philippines Child and Youth Welfare Code

DOMESTIC HR FRAMEWORK

Labor Code New Civil Code Civil Service Law Family Code of the Philippines Special Laws and Issuances

RA 7438 (Custodial Investigation) RA 7279 (The Urban Development Housing Act)

The Comprehensive Agrarian Reform Law (RA 6657, RA 8532 and RA 7905) Migrant Workers and Overseas Filipinos Act (RA 842) (RA 6657, RA 8532 and RA 7905) RA 8353 (Anti-Rape Act) RA 7877 (Anti-Sexual Harassment Act) RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) RA 8371 (Indigenous Peoples Rights Act ) RA 9262 (Anti-Violence Against Women and their Children Act)

RA 9208 (Anti-Trafficking in Persons Act) RA 9344 (Juvenile Justice Welfare Act) RA 7277 (Magna Carta for Disabled Person) Anti-Torture Act RA 9851 Writ of Amparo Writ of Habeas Data Other Special Laws and Issuances

Common Human Rights Violations

Nature of HRV International Domestic

Right to Life

Arbitrary Deprivation of Life under UDHR, ICCPR, CRC

Murder, Homicide, Parricide, Physical Injuries, etc. Under RPC, RA 7610, 9208, 9262,8049, etc

Common Human Rights Violations

Nature of HRV International Domestic

Right to Liberty and Security

Arbitrary Detention, Unlawful/Ille gal Arrest, Trafficking under UDHR, ICCPR, CRC, CEDAW, ILO Convetion

Arbitrary Detention, Kidnapping, Delay in the Delivery..Expl oitation of Minors under RPC,RRC RA 7610, 9208, 9262, etc

Common Human Rights Violations

Nature of HRV International Domestic

Right to Torture, Freedom Maltreatfrom Torture ment of Prisoners under UDHR, ICCPR, CAT,CRC, SMRtp

Maltreatment of Prisoners, Physical Injuries under RRC , AntiTorture Act

Common Human Rights Violations

Nature of HRV International Violation of the Right to be informed, Right to remain silent, Right not to be compelled to testify against oneself or to confess ones guilt under UDHR, ICCPR, CAT,CRC, SMRTP Domestic

Right of the Accused

RA 7438, Revised Rules of Court, RA 9344, NCC

Common Human Rights Violations

Nature of HRV International Attack upon ones honor and reputation under UDHR, ICCPR, CEDAW and CRC Domestic

Right to protection of honor and reputation

Libel, Slander, Abduction, Seduction under RPC, RA 7877, 7610, 9262

Common Human Rights Violations

Nature of HRV International Domestic

Right not to be deprived of property arbitrarily

Arbitrary Deprivation of Property under UDHR, ICCPR,

Theft, Swindling, Arson, Malicious Mischief under RPC, PD 1612, PD 533, RA 6539, NCC

No cause is more worthy than the cause of human rights. Human rights are more than legal concepts, they are the essence of man/woman. They are what makes man/woman human. That is why they are called human rights: Deny them and your denies mans or womans humanity. Sen. Jose W. Diokno

END OF PRESENTATION

Thank You and Have a Nice Day!