UNIT II

HISTORY, CONCEPT OF HUMAN RIGHTS AND

HUMAN RIGHTS SITUATION IN THE COUNTRY
 A Brief History of Human Rights
The Cyrus Cylinder (539 B.C)

⚫ In 539 B.C., the armies of Cyrus the

Great, the first king of ancient Persia,
conquered the City of Babylon.
⚫ He freed the slaves, declared that all
people had the right to choose their
own religion, and established racial
equality.
 The Cyrus Cylinder (539 B.C)
⚫ These and other decrees were
recorded on a baked-clay cylinder
in the Akkadian language with
cuneiform script.
⚫ Known today as the Cyrus
Cylinder, this ancient record has
now been recognized as the
world’s first charter of human
rights.
 The Concept of Human Rights

• Human rights allow a person to live with dignity and in

peace, away from the abuses can be inflicted by abusive
institutions or individuals.

• To further promote the importance of human rights in the

Philippines, December 4 to 10 of each year is marked as
National Human Rights Conciousness Week via
Republic Act No. 9201.
 December 10 –
considered as the
United Nations
Human Rights Day.

The Concept of Human Rights

Universal and inalienable:
Human rights belong to all and cannot be taken away unless specific
situations call for it. However, the deprivation of a person’s right is
subject to due process.

Interdependent and indivisible

Whatever happens to even one right – fulfillment or violation – can
directly affect the others.

Equal and non-discriminatory

Human rights protect all people regardless of race, nationality,
gender, religion, and political leaning, among others. They should
be respected without prejudice.
 What are human rights?

Refers to norms that aim to protect people from political, legal,

and social abuses.
- Stanford Encyclopedia of Philosophy

Universal and inalienable, interdependent, and indivisible,

and equal and non-discriminatory.
-United Nations (UN)
What laws or legal documents ensure the human rights of
Filipino Citizens?

• The rights of Filipinos can be found in Article III of

the 1987 Philippine Constitution. Also called the
Bill of Rights.
• It includes 22 sections which declare a Filipino
citizen’s rights and privileges that the Constitution
has to protect, no matter what.
What laws or legal documents ensure the human rights of
Filipino Citizens?

• Human rights in the Philippines are also guided by the UN’s

International Bill of Human Rights – a consolidation of 3 legal
documents including the:

Universal Declaration of Human Rights (UDHR)

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Economic , Social and Cultural

Rights (ICESCR)
Who oversees the fulfillment and protection of human
rights in the Philippines?
• Human rights are both rights and obligations, according to the
UN. The state – or the government is obliged to “respect,
protect, and fulfill” these rights.
• In the Philippines, the Commission on Human Rights (CHR)
primarily handles the investigations of human rights violations.
However, it has no power to resolve issue as stated in the
Supreme Court decision in 1991.
• Commission on Human Rights (CHR) – established in 1986
during President Corazon Aquino.
 Do criminals or
those who break the
law still enjoy
human rights?

Criminals or those in conflict with the law

are still protected by rights as indicated in
many legal documents such as the
Philippines’ Criminal Code and UN’s
Standard Minimum Rules for the Treatment
of Prisoners.
Classes of Human Rights

1. Natural Rights – are those that are not

dependent on the laws or customs of any
particular culture or government, and so are
universal, fundamental and inalienable.
Classes of Human Rights

2. Constitutional Rights – it can be

prerogative or a duty, a power or a restraint
of a power, recognized and established by a
sovereign state or union state.
Classes of Human Rights

3. Statutory Rights – or those promulgated

by the congress and may be abolished by
the letter also.
 Human Rights under Article 3, 1987 Philippine
Constitution

1. The rights to life, liberty, and property.

2. The rights against unreasonable searches and seizures.
3. Rights to Privacy of Communication and Correspondence.
4. Freedom of Expression and Assembly.
5. Freedom of Religion
6. Liberty of Abode and Right to Travel
7. The right of the people to information on matters of public
concern.
8. Freedom of Association
 Human Rights under Article 3, 1987 Philippine
Constitution

9. Prohibition against Expropriation of Property without just

compensation.
10. Prohibition against Impairment of Contract.
11. Free access to the court and Quasi-Judicial Bodies
12. Right to counsel and the right to remain silent
13. The right to bail
14. Right to presumption of innocence
15. Rights of the accused in criminal prosecution
16. Right to Habeas Corpus
Human Rights under Article 3, 1987 Philippine
Constitution

17. Right to speedy disposition of cases

18. Right against self-incrimination
19. The right against excessive, cruel, or unusual
punishment
20. Right against involuntary servitude
21. Right against double jeopardy
22. Right against the bill of attainder and ex post facto law