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BASIC

Presented by: HUMAN RIGHTS


LITO J. HERMOSILLA,MPA
Commission on Human Rights
of the Philippines (CHRP),
Region 7
What is Human Rights?
• United Nations Definition:
Those rights which are inherent in our
nature without which we cannot live as
human beings.
CHRP Definition:
defined as the supreme, inherent, and
inalienable rights to life , to dignity and to
self-development. It is the essence of
these rights that makes us human.
Principles of Human Rights
A. Inherent – innate, natural, inborn. They are not granted by
any authority; don’t need any event for their existence.
B. Fundamental – basic, essential, primary; without it the life
and dignity of man will be meaningless.
C. Inalienable – cannot be separated, transferred or taken
away from an individual; it cannot be forfeited.
D. *Universal – human rights belong to all people regardless
of their sex, race, color, language, national origin, age,
class, religion or political belief.
E. *Indivisible – they cannot be divided and cannot be
denied even when other rights have already been
enjoyed.
F. *Inter-related and *Interdependent – they become sources
of other rights.
G. Imprescriptible – no time limit.
H. Equality – equal treatment regardless of race, color,
religion, etc.
Sources of Human Rights Law
a. *U.D.H.R. or Universal Declaration of Human Rights;
b. *I.C.C.P.R. or International Covenant on Civil and
Political Rights;
c. *I.C.E.S.C.R. or International Covenant on Economic,
Social, and Cultural Rights;
d. International Convention on the Elimination of all
forms of Racial Discrimination or C.E.R.D;
e. C.E.D.A.W. or Convention on the Elimination of
Discrimination Against Women;
f. C.R.C. or Convention on the Rights of the Child;
g. C.A.T. or Convention Against Torture and other cruel,
inhuman or degrading treatment or punishment;
h. 1987 Constitution;
i. Other international and local laws.
Classification of Rights
According to Aspect of life:

a.) Civil and Political rights – the rights of


citizens to liberty and equality (first
generation rights).
Ex. Right to life, right to privacy, rights of
children, rights of minorities, freedom
from slavery, freedom of movement,
freedom from correspondence, rights of
prisoners, freedom from torture, freedom
of expression, etc.
Classification – cont.
b.) Economic, Social and Cultural
Rights –
Ex. Right to work, right to trade
union, right to health, right to
education, right to culture, right to
marry, right to have a family, right to
social security, right to religion, right
to adequate standard of living, etc.
Classifications – According to
Recipient:
a. Individual Rights – are those that are
accorded to individuals.
Ex. Right to life, right to dignity, right to
travel, right to education, etc.
b. Collective Rights – are rights of society
that can be enjoyed only in company with
others.
Ex. Right to peaceably assemble, right to
self-determination, right to environment,
right to development, right to peace.
Classification –
According to Source:
• Natural or God-given rights – they are unwritten
but they prevail as norms of the society. Ex. Right
to life, dignity and self-development.
• Constitutional rights – which are conferred and
protected by the constitution, which cannot be
modified or taken away by the law-making body.
Ex. Bill of Rights and other rights based on the
constitution;
* Statutory rights – promulgated by law-making
body and may be abolished by the same body.
Classification -
According to Struggle for
Recognition:
• First Generation of Human rights – it
covers Civil and Political rights which
derives from 17th and 18th centuries
reformist theories;
• Second Generation of Human rights –
covers Economic, Social and Cultural
rights which find their origin in socialist
tradition;
• Third Generation of Human rights – covers
Collective rights.
Classification -
According to its Derogability
• 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.
Example:
1.Right not to be deprived of life arbitrarily
2.Right against torture,cruel,inhuman or degrading
treatment or punishment
3.Right to be recognized as a person before the law
4.Right to freedom of thought or conscience
5.Freedom of religion
6.Right against ex post facto laws
• Derogable or Relative rights – may be suspended or restricted or
limited depending on the circumstances which call for the
preservation of social life. Example:
1. Freedom of movement may be suspended.
Levels of State Obligations
• Obligation to Protect:
1. Take steps to prohibit others
from violating rights;
2. No measures which erode status
of rights;
3. Act to preclude further
deprivation;
Levels of – cont.
• Obligation to Respect:
1. Abstain from acts which violate
individual integrity or freedom;
2. Non-interference;
Levels of – cont.
• Obligation to Fulfill:
1. Facilitate or promote – create
conditions for full realization;
2. Provide – when individuals are
unable to realize rights.
E n d of Presentation

Thank you