Human Rights Reviewer

John Cedric Comon, 1-A Human Rights Law Reviewer

CHAPTER 1- The Nature of Human Rights Human Rights – Rights  – the aggregate of PRIVILEGES, CLAIMS, BENEFITS, ENTITLEMENTS and MORAL GUARANTEES (PCBEM) that pertain to man because of

his humanity. Jose Zalaquett – Zalaquett  – Human Rights are regarded as a SYSTEM SYSTEM OF VAL UES or ELEMENTS which are INHERENT to HUMAN DIGNITY Jean Jacques Maritain – Maritain  – “ the human person possesses rights because of the very fact

that it is a PERSON, a WHOLE, MASTER of ITSELF, and of its acts and which consequently is not merely a reason to an end, but an end which must be treated as such” Pope John XXIII - “any human society, if it is to be well-ordered and productive, must lay

down as a foundation the principle prin ciple that every human being is a person, that is, his nature is endowed with intelligence and full will.” Jose Diokno- “No cause is more worthy than the CAUSE of HUMAN RIGHTS”; RIGHTS”; “they

are what make man HUMAN.” HUMAN.” II. KINDS OF HUMAN RIGHTS

 As classified by Karel Vasak : Three Generations Generations of Rights based on the French Revolution’s Life, Liberty and Property. a. First Generation – Generation  – CIVIL  CIVIL  and POLITICAL  rights; b. Secon Secon d Generation – Generation  – ECONOMIC, SOCIAL , and CULTURAL  rights; c. Third Generation – Generation  – SOLIDARITY and COLLECTIVE rights. FIRST GENERATION OF RIGHTS

Protection of the individuals from the arbitrary exercise of police power  Also known as the first generation of LIBERTY LIBERTY rights Winluck Wahiu – Wahiu  – “Civil and Political rights are rights against the state because they

prevent the state from the performance of things c onsidered harmful.” Examples:  Right to Life, Liberty and Property; Right against Torture; Right to Equal

Protection; Right against arbitrary arrest and detention.

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John Cedric Comon, 1-A Human Rights Law Reviewer

SECOND GENERATION OF RIGHTS

Recognized when the people realized that possession of the f irst generation of liberty rights would be valueless without the enjoyment of e conomic, social, and cultural rights  Also known as the second generation of EQUALITY rights. Examples : Right to Work, Right to Social Security, Right to form and join trade unions,

Right to rest and leisure, Right to Health, etc. THIRD GENERATION OF RIGHTS

Intended to benefit individuals, groups, and peoples and can only be realized upon a need of global cooperation based on international solidarity.  Also known as the third generation of SOLIDARITY rights. Examples: Right to Peace, Right to Development, Rights of Women, Rights of Children,

Rights of Indigenous people. III. PRINCIPLES OF HUMAN RIGHTS (UII)

Three (3) principles of Human Rights: Universality , Indivisibility , and Interdependence. 1. Universality

Rights belong to and are to be enjoyed by ALL  human beings without distinction of any kind such as race, color, sex, religion, or other stature. Human rights belong to EVERYONE because they are beings endowed with dignity.

2. Indivis ibil ity and Interdependence

Rights are inter-related and are CO-EQUAL  in importance so than an individual can live decently and in dignity. Jose Diokno – “We cannot enjoy civil and political rights unless we enjoy economic,

cultural, and social rights. True, a hungry man does not have much freedom of choice. But equally true, when a well fed man does not have freedom of choice, he cannot protect himself against going hungry” IV. CHARACTERISTICS OF HUMAN RIGHTS (IIU)

Human rights are: Inherent , Inalienable and Universal

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John Cedric Comon, 1-A Human Rights Law Reviewer

1. Inherent

Rights are the birthright of all human beings, existing independently of the will of either and individual human being or group and are carried when one is born and thus cannot be separated or detached from him.

2. Inalienable

No person can deprive any person these human rights and cannot be the subject of the commerce of man.

3. Universal

These rights belong to every human being, no matter what he or she is like. V. STAGES OF HUMA N RIGHTS (IPR)

The three (3) stages of human rights are: Idealization, Positivization, and Realization 1. Idealization

Notions about human rights have started in the realm of ideas that reflect a consciousness against oppression, dehumanization or inadequate performance of the state.

2. Positivization

Support for the ideas became strong and the stage set to incorporate them into laws, whether domestic or international.

3. Realization

Rights are enjoyed by the citizens of the State by the transformation of the social, economic and political order. VI. OBLIGATIONS OF STATE PARTIES

Three obligations of State parties to International Covenants: Obligation to RESPECT, Obligation to ENSURE, and Obligation to PROTECT. 1. Obligation to Respect

 Article 2(1) of the International Covenant on Civil and Political Rights.

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John Cedric Comon, 1-A Human Rights Law Reviewer

Commanding State Parties to refrain from restricting exercise of Civil and Political rights. 2. Obligation to Ensure

State Parties are obliged to be proactive to enable individuals to enjoy their rights.

3. Obligation to Protect Preventing private individuals, groups or entities from interfering with the individual’s civil

and political rights. CHAPTER 2- Sources and Found ations o f Human Rights L aw 1. The 1987 Consti tuti on

Basic source of Human Rights Law in the Philippines. Known as the Human rights constitution because of its many human rights and human rights-related provisions; First generation of Rights (  Arti cl e 3- Bil l of Rig ht s), Second generation of Rights ( Arti cle 13- Soc ial Ju st ic e and Hu man  Rights ), Third generation of Rights ( Arti cl e 2Declaration o f Princi ples and State Policies ).

Basis of laws passed by Congress such as : R.A 7438 ( Rights of Persons Arrested, Detained or under Custodial Investigation), R.A 6657 ( CARL), Clean Air Act, etc. 7th Constitution drafted : 1897 Biak na Bato, 1899 Malolos Constitution, 1935 Constitution, 1943 Constitution, 1973 Constitution, 1986 Freedom Constitution and 1987 Constitution.

1.1 Commis sio n on Human Rights (CHR)

Novel feature of the 1987 Constitution Independent constitutional office and is considered as one of the first national human rights commission in the world. Two Important Functions : (a.) investigate human rights violations invol ving civil and political rights either committed by the government o r by non-governmental

entities,(b.) establish a progr am of education and infor mation to enhance respect for the primacy of human rights.

2. The International Bill of Rights

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John Cedric Comon, 1-A Human Rights Law Reviewer

 Article II, Sec. 2 of the 1987 Constitution (Incoporation Clause): “The Philippines

renounces war as an instrument of national p olicy, adopts the generally accepted principles of international laws as part of the land…”

Composed of 3 documents: Universal Declaration o f Human Rights , International Covenant on Civil and Political Rights , and the International Covenant on Economic, Social and Cultural Rights U Thant- The 3 documents are considered as the “Magna Carta of Mankind” and is “the

essential prerequisite for peace at home and in the world.” UDHR was drafted by the CHR of the UN chaired by Mrs. Eleanor Roosevelt. Preamble to the Declaration calls for inter-cultural consensus and establishes the concepts of inherent human dignity and inalienable nature of human rights. UDHR is considered as the first internationally adopted catalogue of human rights and is one of the best legal instruments on human rights ever adopted.

3. Philosophy John Locke

a. Second Treatise of the Government b. Argued that sovereignty resides in the people and that the government is duty-bound to preserve the rights if life, liberty and property of its citizens; Jean Jacques Rousseau

a. The Social Contract b. Postulated a social contract by which the citizens surrender their rights to the general will of the people which must aim at the impartial good. Baron de Montesquieu

a. The Spirit of the Laws b. He saw despotism as a standing danger for any government not despotic and argued that if could be best prevented by a system of separation of powers.

4. Religion

Lessons and teachings on human dignity embed in the sacred scriptures and books of the world’s religions.

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John Cedric Comon, 1-A Human Rights Law Reviewer

CHAPTER 3- Civil and Politi cal Right s 1. Bill of Rights in the 1987 Constitution

Bill of Rights is a regular fixture i n Philippine Constitutions except  in the Biak na Bato Constitution; 1935, 1973, 1986, and 1987 Cons tit ut ion s  – Bill of Rights 1943 Constitution  – Duties and Rights of the Citizen; 1899 Malolos Constitution –

The Filipinos and their National and Individual Rights. Traces its (1987 BoR) beginning from Britain’s 1689 Declaration of Rights

1.1 Bill of Rights

Enumeration of civil and political rights that are self-executing, and serves as a restriction upon the powers of the sta te, in order to preserve constitutional harmony and stability has to honor and respect these rights while exercising its fundamental powers. Fr. Joaquin Bernas – “What the bill of rights does is to declare some forbidden zones in th e private sphere inaccessible to any power holder.”

1.2 Classification o f Provision s

Completely New Provisions Old Provisions with Amendments by addition Old Provisions where word and phrases were amended by deletion Old Provision which remained intact

2. Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law

First substantive agreement signed by the Negotiating Panels of the Republic of the Philippines and National Democratic Front on March 16, 1998 in Hague, Netherlands. Consists of 7 parts: Preamble, Declaration of Principles, Bases and Applicability, Respect for Human Rights, Respect for IHL, Joint Monitoring Committee, Final Provisions.

3. Universal Declaration of Human Rights

Mother of all declarations  Articles 3 to 21 contains the catalogue of civil and political rights of the first generation.

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John Cedric Comon, 1-A Human Rights Law Reviewer

Examples: Right to Life, Right to Liberty, Right to Privacy, etc.

4. International Covenant on Civil and Polit ical Rights

 Adopted unanimously by 106 states and is divided into 6 parts; Parts I to III contains substantive rights; Parts IV to VI contains principles of interpretation, etc. First Optional Protocol (aimed at individual complaints); Second Optional Protocol (abolition of death penalty). CHAPTER 4- Econo mic , Social, and Cultur al Rights 1. Social Jus tic e and Human Rights in the 1987 Consti tut ion

Innovation in the 1987 Constitution (Art. XIII) Contains a rich inventory of economic, social, and cultural ri ghts (right to all workers to self-organization, right to security of tenure, right to work, et c.) Not defined in the 1987 Constitution Teresa Nieva – “Social Justice is the centerpiece of the 1987 Constitution and rights,

dignity and participation remain illusory without social justice.” Jose P. Laurel  – define Social Justic e as “neither communi sm nor despotism, not atomism no r anarchy, but th e humanization laws and the equalization of social and economic forces by th e State so that justice in its rational and objectively secular conception may atleast be approximated..” (Calalang v Williams).

2. Universal Declaration of Rights

 Articles 22 to 27 enumerates the second generation of rights such as : Right to Social Security, Right to Work, Right to Rest and Leisure, Right to Education, etc.

3. International Covenant on Econom ic, Social and Cultural Rights

Sister covenant of ICCPR  Affirmed by several international instruments such as the African Charter on Human and People’s Rights and the European Social Charter.

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John Cedric Comon, 1-A Human Rights Law Reviewer

Chapter 5- Solid arity and Collecti ve Right s 1. Peace, Developm ent and Environ ment Right to Peace

Universally recognized that peoples of the earth have the sacred right to peace and that the preservation of the right of pe oples to peace and the promotion of its implementation constitute a fundamental obligation of each state. Pope John Paul II- “Peace of the heart is the heart of Peace.” Proclaimed on the UN Declaration on the Right of Peoples to Peace, 1984 Right to Development Development  – comprehensive economic, social, and cultural process aimed at the

constants improvement of the well-being of the entire p opulation and of all individuals through their meaningful participation.  Am art ya Sen - “Development is a process of expanding freedoms that people enjoy and

requires the removal of major sources of unfreedom like poverty, tyranny, poor economic opportunities, etc. Proclaimed in the UN Declaration on the Right to Development (1986) Right to Environment

seen as an important right because of global warming, climate change, etc. proclaimed in the Stockholm Declaration, 1972 and directly mentioned in the ICESCR Environment- aggregate of surrounding things, influences and conditions. Biodiversity - Variety of living organisms Ecosystem- Community of living and non-living things interacting within a system

2. Women Rights of Women

one of the world’s vulnerable; they have rights but are violated.

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John Cedric Comon, 1-A Human Rights Law Reviewer

Denial of basic rights such as: gender -based violence, low income than men, discriminatory laws on marriage, inheritance, etc. Denial of basic rights restrict their choices and increases vulnerability to violence

3. Children Rights of Children Considered as the world’s future but are denied of their rights.

Exploited, abused, maltreated, deprived of education, sold, and discriminated against. Streetchildren, child workers, child brides, child combatants, etc. Convention o n the Rights of the Child – first legally binding international instrument on children’s rights. Three Basic Right s- Right to Survival, Right to Develop to the Fullest, Right to

Protection from harmful influences. Optional Protocols  – Against Armed Recruitment and Sale of Children

4. Perso ns wit h Disabilit ies (PWDs) Rights o f PWDs Persons with Disabilities  – those “ who have long-term physical, mental, intellectual

and sensory impairments, which in interaction with various barriers may hinder them full and effective participation in society on an equal ba sis with others ( Art. 1, UNCRPD) Magna Carta for Dis abled Person s  – “those suffering from restriction or different

abilities, as a result of a mental, p hysical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.” 50 million PWDs in the World ( UN)

PWDs suffer from discrimination Some documents that pertain to PWDs: Declaration on the Rights of Mentally Retard ed Persons, Right of Disabled Persons, etc.

5. Indigenous Peoples Rights of Indigenous Peoples

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John Cedric Comon, 1-A Human Rights Law Reviewer

Indigenous People- those that have historically belonged to a particular region or

country before its colonization or transformation into a nation, state, and may have different ---often unique--- cultural, linguistic, traditional, and other characteristics to those of the dominant culture of that region or state. 370 million IPs across t he world , 100 mil lion in t he Philippin es.

Generally live in geographically isolated areas with poor access to basic social services and limited opportunities for mainstream economic activities. UN Declaration o n the Rights of Ind igenous People – recognizes that IPs have

suffered from historical injustices and acknowledges the urgent need to respect and promote inherent rights of IPs which are derived from their political, economic, and social structures. The declaration is the most comprehensive instrument detailing the rights of IPs. These rights are: Right to Self-Determination, Right to L ands and Territories, Right to Health, Right to Education, etc.

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