Human Rights Reviewer
Reviewer in HRL - Peralba...
Economic and Social – rights conferred
Human Rights – rights which are inherent in our nature,
by law which enables them to achieve
and without which, cannot live as human
social and economic development which
ensures their well-being, happiness and
Dignity of Man – derived right of every person to free
financial security. d. Cultural – rights t ensure preservation of
development of his personality. Characteristics of HR: 1. Inherent – not granted by any person. (right to
national culture. 4. Struggle for Recognition: a. First generation – derives from 17 th to 18th century of English, American and
life and right to dignity as a human being) 2. Fundamental – life without it would
meaningless. (freedom of thought and religion) 3. Inalienable – cannot be rightfully taken away as
economic and cultural rights which originated from the socialist tradition and
denied though availed. 6. Universal – irrespective of their origin, status or
materialized without the realization of another. Classification of Rights: 1. Source: a. Natural – God-given rights which are
conceives HR in positive terms. Third generation – covers collective
rights. 5. Derogability a. Absolute or non-derogable – cannot be: i. Suspended ii. Taken away iii. Restricted/limited Even in:
acknowledged by everyone as morally good. Unwritten but prevail as norms. b. Constitutional – rights conferred and
National emergency Government invokes
security b. Derogable or can-be-limited – may be
protected by the Constitution which
government. b. Second generation – covers social,
time. (freedom of thought) 5. Indivisible – incapable of division and cannot be
abstention rather than intervention of the
an individual. 4. Imprescribable – cannot be lost thru passage of
condition or place where they live. 7. Interdependent – fulfillment cannot
cannot be taken away by the law
making body. Statutory – rights provided by the law
depending on the circumstances which
and promulgated by the law making
REQUISITES FOR RESTRCITIONS TO
body which can also be abolished by the
call for the preservation of social life.
same. 2. Recipient: a. Individual – rights of individuals. b. Collective – rights of the society which
1. Provided by law which is made
cannot be enjoyed without the company
urgent preservation of public good is
of others. 3. Aspect of Life: a. Civil – rights enforced at the instance of
needed. 3. Does not exceed what is strictly
private individuals for the purpose of securing
happiness. b. Political – rights to participate in running the affairs of the government.
known to citizens 2. There is a state of emergency which
necessary to achieve the purpose. Categories of HR: 1. 2. 3. 4. 5. 6.
Fundamental Freedom in Political Rights Democratic Rights Mobility Rights Right to Life, Liberty and Security of the Person Legal Rights Rights of Equality
7. 8. 9. 10. 11. 12. 13.
Economic, Social and Cultural Rights Worker’s Rights Aboriginal Rights Reproductive Rights Protective Rights in Armed Conflicts Right to Self-determination Minority Group Rights
society. 7. Utilitarian Theory - Promotion of greatest good for greatest -
CHAPTER 2 Sources of HR: 1. Religious or Theological Approach - Since rights come from Divine source, they are inalienable and cannot be denied by -
HR existed as means of social control. HR existed to serve the social interest of the
mortal beings. Theology is the basis of HR. Dignity of human person is realized through
love of fellowmen. 2. Natural Law Theory - Originated from the Stoic and elaborated by
number. Requires the government to maximize the
total net sum of ctizens. 8. Theories of Justice - Serves the ends of justice. - Liberalities of individual can be achieved -
only in a just society. There is no justice in a community where
there are social and economic inequalities. One of fairness are to be equally distributed
for the common good. 9. Theory based on Equality and Respect of Human Dignity - Recognition of individual rights in the
Greek philosophers. Perceives that the conduct of men must
always conform to the law of nature. Must be in accordance with nature which is
eternal. Natural Law – embodies those elementary
for general welfare. 10. Theory Based on Dignity of Man - Value Oriented Approach – HR means
principles of justice which there is right and
sharing of values of all identified policies
just. Scholastic Natural Law – right reason in
accordance with the law of God. Whatever is disturbing to social harmony is
wrong and unjust. Characteristic: leaves vague what is part of the
inalienable. 3. Historical Theory - HR developed -
and what the officials have promulgated. HR is found only by enactment of a law with
sanctions attached. 5. Theory of Marxism - Interest of the society over an individual -
thus government intervention is necessary
upon which HR depend on. Ultimate Goal – World community where there is democratic sharing and distribution of values.
Human Rights as an International Concern and standards of the HR were proclaimed.
arbitrary will of any authority. 4. Positivists Theory - All rights and authority comes from the state -
enjoyment of the basic freedoms. Treatment of the government equally to all,
Universal Declaration of Human Rights – basic norms
consciousness of men. HR existed through a gradual, spontaneous and
man’s interest. Individual freedom is recognized only after
the interest of society is served. 6. Sociological Approach
International Convention on Civil and Political Rights – amplified
Declaration. International Covenant on Economic, Social and Cultural Rights – further broadened the scope of the Universal Declaration. Civil and Political Rights – Bill of Rights CHAPTER 3 Art. 13 UN Charter – Directs GA to initiate studies and recommendations for the purpose of assisting in the realization of HR and fundamental freedom.
Art. 55 (c) UN Charter – universal respect for an
HR Committee – implement the Covenant on Civil and
observance of HR and fundamental freedoms.
Art. 56 UN Charter – clear legal obligation of all members to pledge themselves and take joint
Hindrance in the Implementation of HR Instruments: -
and separate action in cooperation of the
to intervene in matters within the domestic
Organization for the advancement of Art. 55 (c).
jurisdiction of any state or shall require members
Art. 62(2) UN Charter – Economic and Social Council
to submit such matters to settlement under the
may make recommendations for the purpose of
present Charter; but this principle shall not
promoting respect for observance for HR and fundamental
Art. 2, par. 7 of the UN Charter: Nothing contained therein shall authorize the UN
measures under Chapter VII.
discrimination and to protect the rights of minorities. Art. 76 UN Charter – Trusteeship System to encourage and for fundamental freedom for all without distinction as to race, sex, language or religion and
interdependence of the people of the world. UN Commission on HR: -
Established by the Economic and Social Council Deals with all aspects of HR issues involving the participation of all sectors of the international
committee. Takes tasks and investigations assigned by the
CHAPTER 4 Sources of HR laws: 1. International Conventions 2. International Custom 3. General Principles recognized
empowered to undertake studies and to make recommendations
Community of Nations 4. Judicial Decisions and the teachings of the most highly qualified publicists. Treaty – legally binding written agreement concluded between the States. Protocol – supplement or subsequent agreement relative
GA and Economic and Social Council. Sub-commissions of independent experts – elected and
to the existing treaty. NOTE: Consent of the State must be EXPRESS thru: 1. Ratification 2. Approval 3. Acceptance Doctrine of Pacta Sunt Servanda - State is bound to
Declaration serves as norms to serve standards
of achievement of whole nations. UDHR did not direct its members to enforce
them. No sanctions or enforcement.
International Bill of Rights – composed of: 1. Universal Declaration of HR 2. International Covenant on Civil and Political Rights 3. International Covenant on Economic, Social and Cultural Rights Committee on Economic, Social and Cultural Rights – established by Economic and Social Council to review State parties in implementing ECOSOC.
faithfully comply with the treaty after ratification. Q: When Liability of the State Arise? A: Only where there is BF on the part of the State, in HR treaties, there can be liability even in absence of BF. Core International HR Treaties: 1. ICCPR 2. ICESCR 3. Convention Against Torture and Other Cruel, Inhuman
Punishment (CATOCIDTP) 4. International Convention on the Elimination of All Forms of Racial Discrimination (ICEAFRD) 5. Convention on Rights of the Child (CRC)
6. Convention on Elimination of All Forms of
Actio Popularis – prosecution of jus cogens crime may
Discrimination Against Women (CEAFDAW) 7. International Convention on the Protection of
be initiated by another for the benefit of another
Rights of All Migrant Workers and Members of their Families (ICPRAMWMF) 8. International Convention for Protection of All Persons
(ICPAPED) 9. International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (ICPPRDP) Requisites to be a Customary Law:
through this complaint. Rule of procedure in bringing a suit on another’s behalf. International and regional tribunals: 1. International Courts of Justice – Only member states may file complaints. Composed of 15 judges for terms of 9 years elected by GA and SC. Exercises jurisdiction in two cases: a. Contentious cases b. Advisory proceedings
1. The objective element amounts to settled
Barcelona Traction Case Doctrines:
practice of the State 2. The subjective element consist a belief that this
a. State can bring the case for the benefit of a
practice is rendered obligatory by the existence of a rule of law requiring it.
Jus Cogens – principle of non-use of force, thus if UN Charter and treaty are not applicable, ICJ may
obligations. 2. International
1. Peremptory norm of general international law 2. Accepted and recognized by the international community 3. No derogation 4. Can be modified only by a subsequent norm of general international law having the same character. Obligatio Erga Omnes – obligations that are owed by States to all, regardless of the presence or absence of their assent to be bound thereby.
a. Crimes against humanity (terrorism) b. War crimes c. Genocide d. Crimes of aggression 3. Ad hoc tribunals 4. Regional Courts: a. European Courts of HR - Individuals may bring a suit directly. b. Inter-American Court of HR - Individuals are granted standi
If the State violates a treaty with another State agreement
THE CONTRACTING STATES. HR laws are involved, all states hall have a legal in
obligations owed by the State to community of States.
Declaration of Acceptance by the party
infringement is a PRIVATE MATTER BETWEEN
Cases may be tried:
and the treaty only pertains, for instance, to their
independent permanent international criminal
still rule on the case.
corporation. b. Made an obiter
exercise jurisdiction. African Court of H and People’s R - Non-victims may bring the suit in
behalf of victims. 5. Hybrid or internationalized courts – courts mixed of domestic and international, both in the judges
Universal Jurisdiction – State may prosecute a crime
and staff as well as the laws applied, but they
elsewhere when the crime involved is a jus
either are integrated in the domestic judicial
system or appended to it.
Chapter 1 – Purpose: international
torture (excluded as evidence) b. Doctrine of Poisonous Tree – evidence
(Diplomacy) 4. Center for harmonization in actions of nations Chapter 2 – Members
obtained illegally is not admissible to courts. Right Against Torture
Chapter 3 – Organs:
Torture – any act by which severe pain or
GA SC Trusteeship ICJ Secretariat FCOSOF
intentionally inflicted on a person. Acts Constituting Cruel, Inhuman – degrading acts NOTE:
Chapter 6 – How UN settles disputes?
Non-derogable – state cannot take such right even at
Seek solution by: a. b. c. d. e.
and punish trafficking in persons specially w&c EXCLUSIONARY RULE: a. When the confession is obtained legally thru
(Peace) 2. Develop friendly relations (HR) 3. International cooperation in solving problems
1. 2. 3. 4. 5. 6.
preservation) 2. Does not include right to die. 3. Trafficking – modern day slavery (exploitation) 4. Palerno Protocol – protocol to prevent, suppress
UN CHARTER 1. Maintain
state of war or emergency
Negotiation Inquiry Mediation Arbitration Others
Right to Effective Judicial Remedy 1. Must be just, accessible, free from corruption and influence and speedy but with quality. 2. 3 Most Dangerous Enemies of Fairness a. Corruption b. Ignorance c. Arrogance
Chapter 9-10 – Economic Social Function Chapter 12 – Trusteeship Chapter 14 – ICJ
Access to Justice 1. Availability of legal assistance to the poor (pro
bono) 2. PAO and Department of Justice Action Center 3. Availability of information on where and how to
UDHR: 1. Resolves 2. Not a law passed by UN 3. Not legally binding but
recognized by countries. Jus Cogens – State cannot validly enter a treaty to the controversy. It cannot be changed or disobeyed. Equality and Equity 1. Every human is entitled regardless of his sex, race, and religion. 2. ELEMENTS OF EQUAL PROTECTION LAW: a. Based on Substantial distinction b. Germane to the purpose of the law c. Not limited to existing conditions d. Apply equally to each members of the sense class. 3. Rights should be subject to valid rights. Right to Life
get legal assistance Judicial Writs 1. Writ of Habeas Corpus – judge to another detaining a person, commanding to produce the body of the prisoner at designated time and place. 2. Writ of Amparo – extralegal killings and enforced disappearances. Remedy whose rights to life, liberty and security is violated or threatened with violation by an unlawful act or omission. 3. Writ of Habeas Data – rights to privacy in life, liberty or security is violated or threatened. Right to be Presumed Innocent Rights:
1. Informed 2. Prepare defense and to communicate with 3. 4. 5. 6. 7.
Right to Nationality
counsel of his own choosing Tried without delay Tried in his presence and defend himself Examine and obtain witness Free assistance of an interpreter Not be compelled to be a witness against
Right to Marry and Found a Family
Right to Property
Right Against Ex Post Facto Law and Bill of Attainder
Freedom of Thought, Conscience and Religion
1. No crime, no punishment without previous penal law) Treatment of the Law: a. Holds the person liable for an act or omission that was not punished at the time of commission. b. Impose a penalty heavier than the one that was applicable at the time of commission. Right to Privacy 1. Evidence obtained in violation of this shall render the evidence inadmissible Freedom of Movement 1. Exceptions: a. Freedoms curtailed or restricted upon lawful order of the court b. In interest of national security, public safety or health.
Freedom to Practice or Manifest Religious Beliefs Freedom of Expression Freedom of Assembly and Association Right to take Part in the Government Right to Social Security Coverage of the SSM: a. b. c. d. e. f. g. h. i.
Health care Sickness Old age Unemployment Employment injury Family and child support Maternity Disability Orphans and survivors
Right to Rest and Leisure Right to Adequate Standard of Living Right to Education Right to Enjoy Economic, Social and Cultural Life
Right to Seek Asylum 1. Non-refoulement
1. Acquisition and Change of Nationality a. Jus Sanguinis (by blood) b. Jus Soli (by place of birth) c. Naturalization
Right to Self-determination –
refugees 2. Extradition – criminal offenses 3. Deportation – immigration offenses
Right to Health