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ORIGIN AND

DEVELOPMENT OF
HUMAN RIGHTS
LESSON 1: HISTORY OF HUMAN RIGHTS
e Rights of Man and Citizens, and the US Constitution and Bill of Rights, played crucial roles in the development of modern human rights. However, it's important to note that not all of these documents initially included the rights of women

INTRODUCTION
Throughout history, human rights have been shaped by the knowledge individuals gained from their various
group memberships, such as families, religious affiliations, and communities. Many societies share the idea of
the golden rule, "do not do unto others what you do not want others to do unto you," as a fundamental principle.
The earliest written evidence recognizing human rights and addressing questions about rights and
responsibilities can be traced to texts like The Hindu Vedas, The Babylonian Code of Hammurabi, The Bible,
The Quran, and the Analects of Confucius.
In all societies, whether through written records or oral traditions, there have been systems of justice and
propriety that emphasize respecting the welfare and needs of individuals. Several historical documents, such as
the Magna Carta, the English Bill of Rights, the French Declaration on the Rights of Man and Citizens, and the
US Constitution and Bill of Rights, played crucial roles in the development of modern human rights. However,
it's important to note that not all of these documents initially included the rights of women, people of color,
individuals of different religions, or those from various economic and political backgrounds. Nonetheless, those
oppressed by such laws have often supported revolutions that assert the right to individual self-determination.
e Rights of Man and Citizens, and the US Constitution and Bill of Rights, played crucial roles in the development of modern human rights. However, it's important to note that not all of these documents initially included the rights of women

DEFINITION OF TERMS

Magna Carta - Also known as the "Great Charter" and is viewed as an


important written evidence and legal document in the development of human
rights and modern democracy.

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

CYRUS CYLINDER MAGNA CARTA PETITION OF RIGHTS BILL OF RIGHT

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THE CYRUS CYLINDER
In 539-530 BC, Cyrus II initiated a
significant reform called "The Cyrus
Cylinder," which promoted racial
equality and religious freedom within
the Persian Empire. This historic
document served as a precursor to
modern human rights principles and
influenced the Universal Declaration of
Human Rights.
DEVELOPMENT OF HUMAN RIGHTS

CYRUS CYLINDER ARCANE PETITION OF RIGHT BILL OF RIGHT

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THE MAGNA CARTA
In 1215, King John of England signed the
Magna Carta, known as the 'Great Charter,'
which laid the foundation for the rule of law,
due process, property rights, and religious
freedom. This historic document is revered as
a cornerstone of human rights and democracy,
marking a pivotal moment in the quest for
freedom..
DEVELOPMENT OF HUMAN RIGHTS

CYRUS CYLINDER MAGNA CARTA PETITION OF RIGHTS BILL OF RIGHTS

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THE PETITION OF RIGHT
The Petition of Right, sent by the English Parliament to King
Charles I, arose in response to his excessive taxation and
imprisonment of those who didn't comply. These measures
were taken to fund a war against Spain. Sir Edward Coke
initiated the petition, drawing on the principles of earlier
documents like the Magna Carta and the Cyrus Cylinder. The
petition asserted four key principles: taxation required
parliamentary consent, imprisonment needed cause, no
quartering of soldiers in cities or public areas, and no martial
law during peacetime. Charles reluctantly accepted it to
secure subsidies but the Petition of Right remains a significant
constitutional document, akin to the Magna Carta .
DEVELOPMENT OF HUMAN RIGHTS

CYRUS CYLINDER PETITION OF RIGHTS BILL OF RIGHTS UNITED NATION

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THE BILL OF RIGHTS
The Bill of Rights is a crucial part of the U.S.
Constitution, designed to limit government power and
safeguard the rights of all individuals in American
territories. It defends freedom of speech, religion,
assembly, and the right to petition. It also ensures due
process of law, protects against government
encroachments on life, liberty, and property, and
mandates fair treatment for individuals accused of
federal crimes, including indictment by a grand jury
and a speedy public trial by an impartial jury.
DEVELOPMENT OF HUMAN RIGHTS

CYRUS CYLINDER PETITION OF RIGHTS BILL OF RIGHTS UNITED NATIONS

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THE UNITED NATIONS
After World War II, the horrors of the Holocaust and the
Nuremberg and Tokyo War Crimes Trials prompted a global
emphasis on human rights. The United Nations (UN) was
established in 1945 to maintain international peace and
prevent conflicts, with a primary goal of preventing a
recurrence of the atrocities witnessed during the war.
President Franklin Delano Roosevelt articulated essential
human rights principles in his State of the Union address,
highlighting four freedoms: freedom of speech, freedom of
religion, freedom from want, and freedom from fear. These
principles aimed to ensure that no one would be unjustly
deprived of life, liberty, basic necessities, or nationality,
marking a commitment to preventing such injustices in the
future.
A Brief History of Human Rights in the Philippines
A Brief History of Human Rights in the Philippines

The Philippines endured a long period of colonialism, spanning 333 years under
Spanish rule and 48 years under American governance. The country finally gained
independence from American colonialism in 1945. In 1948, the Philippines, among
48 other nations, supported the adoption of the Universal Declaration of Human
Rights by the United Nations.
However, in 1972, the Philippines came under Martial Law during President
Marcos's dictatorship, leading to widespread human rights violations as a means of
control. After the fall of Marcos, the 1987 Philippine Constitution was established
under President Cory Aquino's administration. In response to the Martial Law era's
human rights abuses, the Commission on Human Rights (CHR) was formed with a
mission to ensure equal treatment, dignity, and protection against abuse and
oppression for Filipinos.
Throughout subsequent presidencies, human rights violations have remained a
major concern in the Philippines. Today, the country continues to work on
safeguarding and promoting human rights, reflecting an ongoing effort to improve
the situation.
A Brief History of Human Rights in the Philippines

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

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

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

 The Petition of Rights that demanded King Charles I not to excessively tax people and imprison them
without reason;

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

 The establishment of the United Nations following the devastating World


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

Universal Declaration of Human Rights (UDHR)

Considered as an international version of the Magna Carta,


which dictates how governments should treat their people.
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INTRODUCTION
Human rights gained formal recognition through the establishment of the United Nations (UN) in 1945. The UN's primary goal is to
reaffirm faith in human rights and the dignity of individuals in all circumstances. Human rights refer to the inherent rights that every
person possesses by virtue of being human, irrespective of factors like religion, race, nationality, color, or gender.

The historical roots of human rights can be traced back to philosophers' ideas about natural rights. The struggle for human rights
began in the Western world around the thirteenth century with documents like the Magna Carta, although earlier instances exist. The
Magna Carta, issued in 1216 and subsequently amended, played a significant role in shaping later human rights laws.
The term "human rights" replaced "natural rights" or "fundamental rights of man" in the twentieth century, gaining prominence with
Thomas Paine's translation of the French Declaration of the Rights of Man and Citizens. The shift to "human rights" reflected the
growing acceptance of rights for both men and women.

The idea of protecting human rights through international law faced obstacles in the late nineteenth and early twentieth centuries due
to the doctrine of absolute state sovereignty. However, World War II, with its extreme human rights violations, led to a change in
perspective. The atrocities during the war prompted the formation of the United Nations, recognizing that safeguarding human rights
was crucial for international peace and security.

Numerous UN conferences and declarations followed, culminating in the International Bill of Rights. This legal framework
emphasized human rights' importance and obligated UN members to cooperate in upholding human rights principles without
discrimination. The Universal Declaration of Human Rights, adopted by the UN General Assembly, is a key component of this
international bill of rights.
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Universal Declaration of Human Rights (UDHR)

In December 1948, the United Nations General Assembly adopted the Universal Declaration of Human
Rights (UDHR), committing member states to uphold and promote human rights. To further this mission,
the UN established the Commission on Human Rights, which was responsible for defining the
fundamental rights and freedoms outlined in the UDHR.
The UDHR is often likened to an international version of the Magna Carta, representing a groundbreaking
international law that dictates how states should treat their citizens. It elevated state issues to international
concerns, emphasizing that the rights of all individuals are interconnected and indivisible, placing the
responsibility for international peace and freedom on all states.
While the UDHR is not a legally binding treaty or convention, it has attained the status of customary
international law. This is because it is seen as a "common standard of achievement for all people and all
nations" and its principles have been incorporated into the constitutions of more than 185 UN member
nations.
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HUMAN RIGHTS
TODAY
In recent years, human rights have evolved significantly. They've expanded beyond
the traditional concepts of freedom, religion, and assembly. Today, human rights are
more inclusive, specific, and have a broader scope. While the old definitions
emphasized liberty, the contemporary view of human rights incorporates security as
well. Liberty is essential, but without a sense of security, individuals may not fully
enjoy their rights. Human rights now encompass various aspects, including freedom
of religion, thought, expression, movement, due process of law, education, health,
property ownership, the right to form a family, and freedom from discrimination
based on gender, culture, race, or religion. They also protect against unjust
punishment, tyranny, and oppression.
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SUMMAR
Y
The evolution of human rights has been a remarkable journey, starting from their
initial recognition to the implementation of human rights laws. The establishment of
the United Nations marked a significant milestone in creating international laws,
culminating in the Universal Declaration of Human Rights (UDHR). The UDHR has
played a vital role in ensuring that individuals within states can enjoy their freedoms
and have their rights recognized, as governments are obligated to uphold, safeguard,
and fulfill human rights. In today's society, human rights are widely acknowledged,
accessible, and extensively discussed across various aspects of life.
CURRENT STATE OF HUMAN
RIGHTS IN THE PHILIPPINES
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

DEFINITON OF TERMS THE WAR ON DRUGS THE EXTRAJUDICIAL KILLINGS THE KIAN LOY

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DEFINITION OF TERMS

Extrajudicial Killing (EJK) - Killing of a person by authorities,


without judicial sanction

Martial Law - Essentially placing civil functions under military


control for specific reasons, such as "lawless violence, invasion, or
rebellion" (Art. VII, Sec. 18, 1987 Philippine Constitution)
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

DEFINITON OF TERMS THE WAR ON DRUGS THE EXTRAJUDICIAL KILLINGS THE KIAN LOY

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INTRODUCTION

WAR ON DRUGS

The current President of the Philippines, Rodrigo Duterte,


started a "war on drugs" in 2016. He believed that drug
addiction was a big reason for the country's crime problems.
He promised to solve the drug issue within two years. To do
this, he ordered the police to arrest and sometimes even kill
people they suspected of being involved in drugs. He also
offered rewards to people who turned in drug suspects,
whether they were alive or dead. This campaign has been
very controversial, with the police taking a major role in it.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

DEFINITON OF TERMS THE WAR ON DRUGS THE EXTRAJUDICIAL KILLINGS THE KIAN LOY

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THE EVENTS

In the course of conducting the government's war on


drugs, there are certain events that in themselves
reflect the current state of human rights in the country.
Here are the certain events that are taking place:
THE EVENTS

THE EXTRAJUDICIAL
KILLINGS
The campaign against drugs in the Philippines has led to
numerous deaths, with reports of both the police and unidentified
gunmen taking lives without following proper legal procedures.
Even minors have become victims of this violence, and there is
debate among the public. Some believe that human rights should
be the top priority and oppose these extrajudicial killings (EJKs),
while others think that eliminating people involved in drugs could
benefit the country.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

DEFINITON OF TERMS THE WAR ON DRUGS THE EXTRAJUDICIAL KILLINGS THE KIAN LOY

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THE KIAN LOYD
DELOS
S A N TO S C A S E
This case is a notorious example of extrajudicial killings
(EJKs) in the Philippines' war on drugs. A 17-year-old
named Kian Loyd delos Santos was shot and killed during a
police operation in Caloocan City on August 16, 2017.
Initially, it was claimed that Kian had fought back and was
armed, but a CCTV footage later contradicted this, showing
Kian on the ground begging for his life before being shot.
This incident caused public outrage, and the three police
officers involved faced criticism from the public.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

THE KIAN LOYD SANTOS CASE THE MARTIAL LAW RELEASE OF DRUG LORD CASE PRESIDENT THRE

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T H E M A RT I A L L AW I N
MINDANAO

In May 2017, due to conflicts in Mindanao, particularly in Marawi,


between the Armed Forces of the Philippines and an Islamist group, the
president declared Martial Law for all of Mindanao, including Basilan,
Sulu, and Tawi-Tawi. This decision allowed authorities to detain people
without taking them to court, which worried the public. Some people
were concerned that President Duterte might expand Martial Law
beyond Mindanao, recalling a dark period in Philippine history when
Martial Law was declared by Marcos, resulting in thousands of
casualties and missing persons who have never been found.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

THE KIAN LOYD SANTOS CASE THE MARTIAL LAW RELEASE OF DRUG LORD CASE PRESIDENT THRE

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RELEASE OF DRUG
LORD CASE

A list was released naming individuals involved in drug


trafficking, including Peter Lim and Kerwin Espinosa. Peter
Lim denied the accusation, while Kerwin Espinosa
surrendered and claimed Peter Lim was his drug supplier.
However, both were cleared of charges due to insufficient
evidence. This angered President Duterte, who later ordered
Lim's arrest after he went missing. Duterte's statement about
"committing suicide rather than surrender" led to conspiracy
theories suggesting he was protecting someone.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

THE KIAN LOYD SANTOS CASE THE MARTIAL LAW RELEASE OF DRUG LORD CASE PRESIDENT THRE

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PRESIDENT
T H R E AT E N I N G T O L E AV E
UN
As the United Nations grew wary of the "war on drugs," the
UN repeatedly tried to condemn the drive as a violation of
human rights. The president then threatened to "separate"
from the UN and form another body with China and African
nations. This sparked controversy not only in the Philippines
but also all around the world. From this point on, the
president started to become a notorious figure. It can be
noted that it is also around that time that the president
started to strengthen relations with China.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

PRESIDENT THREATENING TO LEAVE UN OPLAN TOKHANG THE HUMAN SHIELD CASE THE FACTS

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O P L A N TO K H A N G

This was part of the war on drugs campaign, famously known as an


operation where police would knock on the doors of suspected users and
ask them to surrender. Do remember that one of the president's
mandates for the police is if the suspect "fights back," they are free to
gun down the alleged suspect. This caused dismay among the public as
the cases seem to be targeted to the poor and the minors only.
Thousands of casualties were recorded and further caused public
dismay.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

PRESIDENT THREATENING TO LEAVE UN OPLAN TOKHANG THE HUMAN SHIELD CASE THE FACTS

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THE HUMAN SHIELD
CASE

During an anti-drug operation in Rizal, a tragic incident occurred


involving a three-year-old child. The police claimed that the suspect
used the child as a human shield, resulting in the deaths of the suspect,
the child, and one police officer. However, this explanation was
criticized as it seemed implausible and raised questions about the
operation's handling. The mother's testimony supported the belief that
the child was not used as a shield. This incident adds to the ongoing
debate about whether the country has become safer due to the drug war,
and further discussion is needed to assess the current state of human
rights in the Philippines.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

PRESIDENT THREATENING TO LEAVE UN OPLAN TOKHANG THE HUMAN SHIELD CASE THE FACTS

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T H E FA C T S

In discussing a controversial aspect such as involved in


human rights, it I important that we use facts as basis to
prove certain aspects as there are always two sides of the
story and to stay away from bias as much as possible. In
this case, we use facts to discuss the current situation of
human rights in the Philippines.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

THE FACTS THE DEATHH TOLL CRIME RATE TOURISIM

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T H E D E AT H TO L L

As of June of 2019, the death toll of people involved in drugs is


"estimated" to be around 6,000 people. Do note that this is the official
number stated by the police, which means that this does not include
the number killed by masked unidentified gunmen. The Philippine
National Police (PNP) then stated that those "homicides" totaled
about 22,983. Also, it is important to note that almost majority of the
victims are under the P10,000 income, which classify them as the
lower end of the social hierarchy. This is why the war on drugs has
been branded "anti-poor," and more often the rich ones (Peter Lim
Case) have not been touched or let free.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

THE FACTS THE DEATHH TOLL CRIME RATE TOURISIM

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C R I M E R AT E

The crime rate in the Philippines has decreased by 22.6% since the
start of the war on drugs. This decline includes various types of crimes
like murder, robbery, and theft. The tough stance of the police and the
government has made criminals more cautious. However, it's
important to note that the drop in crime can't solely be attributed to the
drug war. Other factors, such as a decrease in the population, may have
also contributed. Therefore, determining the effectiveness of the drug
war requires considering multiple factors, which is a separate and
complex issue.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

THE FACTS THE DEATHH TOLL CRIME RATE TOURISIM

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TO U R I S M

The country's tourism industry, especially during the start of the drug
war got hit hard. At one time, the tourism secretary urged the media to
"tone down" coverage of Duterte's drug war, as EJK was scaring away
foreigners. This would be a huge problem coming forward, as one of
the main economic weights of the country was coming from tourism.
Thankfully, the country's tourism aspect recovered due to the efforts of
the tourism industry in making sure that foreigners are safe from EJK.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

TOURISIM INNOCENT LIVES DRU GUSE RATE ONE OF THE M

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INNOCENT LIVES

It is no secret that innocent lives are at risk during the


war on drugs campaign. At one point, normal citizens
were so scared of going out during the public outrage
about the Kian delos Santos case, as more teenagers
were killed during that same week. It is also no secret
that as long as the drug war continues, more innocent
lives would be taken as police officers have said that
there would always be casualties.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

TOURISIM INNOCENT LIVES DRU GUSE RATE ONE OF THE M

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D R U G U S E R R AT E

People who use drugs in the Philippines went from the


estimated 1.7 million up to the estimated 4 million
despite the current war on drugs. As mentioned before,
this is why the effectiveness of the drug war cannot be
measured by one factor only. In defense of this, the
Philippine Drug Enforcement Agency (PDEA) stated
that this number is a metric on how effective the drug
war is, as the increase in population is caused by the
number of people coming forward on using drugs.
C U R R E N T S TAT E O F H U M M A N
RIGHTS IN THE PHILIPPINES

TOURISIM INNOCENT LIVES DRU GUSE RATE ONE OF THE M

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ONE OF THE MOST
DANGEROUS
The Philippines is considered one of the most dangerous countries in the world,
ranking fourth according to the Armed Conflict Location and Event Data
Projects (ACLED). This ranking is due to a high death toll, primarily caused by
the ongoing war on drugs, even though innocent lives are being affected. This
situation could deter potential foreign visitors, especially when other countries
have legalized certain drugs. These facts indicate that the country is facing
significant human rights issues. Human rights activists and religious
organizations have started to address this concern. While the drug war has
improved the country's crime rates, it has also resulted in the neglect of innocent
people's human rights, a matter the president himself acknowledged by stating
that "the only sin I have committed is the EJKs" (extrajudicial killings).
SUMMAR
Y

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

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