Chapter 5 Solidarity/Collective Rights (Third

Generation of Rights)
Peace, Development, Environment

RIGHT TO PEACE
o Belongs to category of solidarity/collective rights
o People of the earth have a sacred right to peace
o Preservation of the right to peace and the promotion of its
implementation = fundamental obligation of each state
o Conflicts of an international and non-international
character = resulted to millions of casualties and have
cause untold suffering to people of the world
th

Conflicts in the 20 century have resulted in more

than 170 million deaths
o International Instruments related to peace:
1. Declaration of Principles on International Law
Concerning Friendly Relations and cooperation
among states
2. UN General Assembly Resolution 33/73 Declaration
on the Preparation of Societies for Life in Peace
(1978)
3. Declaration on the Right of Peoples to Peace of 1984
4. UNGA Resolution 57/216 Promotion of the Right of
Peoples to Peace (2002)
5. UNGA Resolution 45/14 Implementation of the Right if
Peoples to Peace (1990)
RIGHT TO DEVELOPMENT
o Development

Comprehensive economic, social, cultural and

political process which aims at the constant
improvement of the well-being of the entire
population and of all individuals through their
meaningful participation
o Amartya Sen

The process of expanding the freedoms that

people enjoy and requires the removal of major
sources of unfreedom like poverty, tyranny, poor
economic opportunities, systematic social

deprivation, neglect of public facilities, intolerance

or overactivity of repressive states
o Poverty = embraces the spectrum of conditions where
freedoms are diminished and denied
o International Instruments related to Development:
1. UN Declaration on the Right to Development (1986)
2. African Charter on Human Rights and Peoples Rights
3. Arab Charter on Human Rights
4. Rio Declaration on Environment and Development
(1992)
5. Vienna Declaration and Programme of Action (1993)
6. Millennium Declaration
7. Monterey Consensus (2005)
8. World Summit Outcome Document
9. Declaration on Rights of Indigenous Peoples
RIGHT TO ENVIRONMENT
o An important rights because of:

Global warming

Climate change

Damaging effects of environmental pollution on

human beings

Degradation of the worlds environment that

includes land, water, and air
o Stockholm Conference of 1972

Global recognition that human rights and

environmental protection are connected and that
man has a fundamental right to an environment
that permits a life of dignity and well-being

Important starting point in developing

environmental law at the global and national
levels

Principle 1 of the Stockholm Declaration

Linked environmental protection and

human rights by stating that:
o Man has the fundamental right
to freedom, equality, and
adequate conditions of life, in
an environment of a quality that
permits a life of dignity and
well-being, and he bears a
solemn responsibility to protect

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and improve the environment

for present and future
generations
International Instruments related to the Environment:

International Covenant on Economic, Social, and

Cultural Rights in Article 12(2)

The steps to be taken by the States

Parties to the present Covenant to
achieve the full realization of this right
shall include those necessary for (b)
The improvement of all aspects of
environmental and industrial hygiene

World Heritage Convention (1972)

Vienna Convention (1985)

Montreal Protocol on Substances that Deplete

the ozone layer (1987)

Basel Convention on the Control of

Transboundary Movement of Hazarous Wastes
and their Disposal

Convention on Biological Diversity (1992)

Women, Children, Persons with Disabilities, Indigenous People

Rates of HIV infection continually

increasing cause of their social and
economic vulnerability

Gender-based violence kills and

disables many women between 15-44
years old

Illiteracy

Earn less than men

o International Instruments related to Women:

The Declaration on the Elimination of

Discrimination Against Women

Convention on the Elimination of All Forms of

Discrimination against women

Convention on the Political Rights of Women

Declration on the Protection of Women and

Children in Emergency and Armed Conflict
CHILDREN
o Children across the globe are denied their rights

Exploited

Abused

Maltreated

Deprived of education

Sold

Subjected to cruel methods of punishment

Discriminated againt
o These children are:

Streetchildren

Child workers

Child brides

Child combatants

Child abductees

Child offenders living lives without parole

Child refugee

Children with education

o Children as human beings have rights and because of
their vulnerability are in need of special care, attention,
and protection
o Convention on the Rights of the Child

First legally binding international instrument on

childrens rights

3 basic rights of Children:

Women, children, persons with disabilities and indigenous

people
o Among the worlds vulnerable, disadvantaged and
marginalized groups of people or sectors
o The have rights but they are violated
WOMEN
o Compromise one half of humanity, but face persistent and
widespread denial of their basic rights
o Denial of rights

restricts their choices

increase their vulnerability to violence and make

it difficult for them to obtain justice

Examples:

Over half a million women continue to

die each year from pregnancy and childbirth related causes

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1.
2.

Right to Survival
Right to develop to the fullest, to protection
from harmful influences, abused and
exploitation
3. Right to participate fully in family, culture,
and social life
Two Optional Protocols:
1. Optional Protocol #1
a. Involvement of children in armed
recruitment
b. requires States to do everything
they can to prevent children under
the age of 18 from taking direct part
in hostilities
2. Optional Protocol #2
a. Sale of children, child prostitution,
child pornography
b. Draws special attention to the
criminalization of serious violations
of human rights
c. Emphasizes the need for public
awareness and international
cooperation to combat them

Absence of knowledge about disability, its

causes, prevention and treatment
Suffer from discrimination
Often do not enjoy the same opportunities like other
people because of lack of access to essential services
Vulnerable groups that face discrimination

Women

Children

Elders

Victims of torture

Refugees

Displaced persons

Immigrant workers
International Instruments related to PWDs

Declaration of Rights of Mentally Retarded

Persons (1971)

Declaration on the Rights of Disabled Persons

(1975)

Declaration on the Rights of Deaf-blind persons

(1979)

Convention # 59 concerning Vocational

Rehabilitation and Employment

Principles for the protection of persons with

mental illnesses and the improvement of health
care (1991)

Standard Rule on Equalization of Opportunities

for Persons with Disabilities (1993)

Beijing Declaration on the Rights of People with

Disabilities (2000)

Convention on the Rights of Persons with

Disabilities (2007)

o
o
o

PERSONS WITH DISABILITIES

o Article 1 of the UN convention on the rights of PWDs

those who have long-term physical, mental,

intellectual or sensory impairments, which in
interaction with various barriers may hinder them
full and effective participation in society on an
equal basis with others)
o Magna Carta for Disabled Persons (RA 7277)

Those suffering from restriction of different

disabilities, as a result of mental, physical or
sensory impairment, to perform an activity in the
manner or within the range considered normal for
a human being
o More than 50 million PWDs in the world today due to:

War and destruction

Unhealthy living conditions

INDIGENEOUS PEOPLE
o 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 dominant culture of that region or state
o In 2010

Approx 370 million indigenous people spanning

70 countries worldwide

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o
o

o
o
o
o

Philippines

IP = 10% of the population of 100 million

Generally live in geographically isolated areas

with poor access to basic social services

limited opportunities for mainstream economic

activities
Lack education
Have inadequate political representation
Minerals, forests and rivers can be found where they are =
make the vulnerable to development aggression
UN Declaration on the Rights of Indigenous People
(2007)

Recognizes that indigenous people have suffered

from historical injustices as a result of
Colonization and dispossession of their lands,
territories and resources
= prevents them from exercising their
right to development based on their
needs and interests

Acknowledges the urgent need to respect and

promote inherent rights of indigenous people
which are derived from their

political, economic, and social structures

cultures, spiritual traditions, histories

and philosophies

Most comprehensive instrument detailing the

rights of IP in international law and policy which
contains minimum standards for the protection
and promotion of these rights

Right to self-determination

Right to lands, territories, and resources

Right to health

Education

Employment

Housing

Sanitation

Social Security

Adequate Standard of living

Right not to be subjected to assimilation

of destruction of their culture

Right to practice and revitalize their

cultural traditions and customs

Chapter 6
Remedies and Procedures for Responding to Human
Rights Violations and Human Rights Abuses
HUMAN RIGHTS VIOLATIONS
Definition

Acts committed by or at the instigation of or with the with consent of

a public official or other person acting in an official capacity contrary
to human rights law, causing bodily or mental pain or suffering or
death.

They occur when State actors abuse or deny basic human rights
RA No. 10368 (The Human Rights Reparation and Recognition Act of
2013)

Defines HR violations as any act or omission committed during the

period from Sept 21, 1972 Feb 25,1986 by persons acting in an
official capacity and/or agents of the State and

includes any illegal search, arrest and/or detention, any affliction of

physical injury, any enforced or involuntary disappearance, force or
intimidation causing the involuntary exercise of a person from the
Philippines, any act or force, intimidation or deceit causing unjust or
illegal takeover of business etc.
When non-state actors rebels, insurgents, non-government entities commit
transgression or violations of human rights

Traditionally called crimes

Also called human rights violations

The Comprehensive Agreement on Respect for Human Rights

and Respect for International Humanitarian Law
o Signed by Government Peace Panel and the
CPP/NPA/NDF Peace Panel
o March 16, 1998

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Violations committed by rebels are also called HUMAN

RIGHTS ABUSES

REMEDIES

Rights and Remedies are inseparable

For rights to be enjoyed and protected from harm, injury or assault,
originating from State and non-state actors = remedies must be in
place and readily available anytime and anywhere
Domestic and non-domestic/international remedies are found in the:
o Constitution
o International Instruments
As violations occur and become intense = remedies are invented to
cope with he indignities and abuses

DOMESTIC REMEDIES

Forms of domestic remedies:

o Civil
o Criminal
o Administrative
Article 32 of the Civil Code (Civil sanction for violation of Consti
Rights)
o HR victim may file civil action for damages
o Preponderance of evidence
o Moral and exemplary damages, cost of suit, attys fees
Article 100 of the RPC
o Separate and independent liable from civil liability
Civil Sanctions
o Section 12 (4), Art. 3 (Bill of Rights)

Penal and civil sanction for violations of this

section and compensation to and rehabilitation
for victims of torture or similar practices and their
families
o Rule on the Writ of Amparo

Remedy for protection of constitutional rights (life,

liberty and security is violated or threathened)

Protection

Extrajudicial killings and enforced

disappearances
o Rule on the Writ of Habeas Data

Access to information

We command you have the data

o The Rules of Procedure for Environmental Cases

Involves violation of environmental laws

Penal Sanctions
o Section 12 (4) Article 3 (Bill of Rights)
o Rule on the Writ of Amparo
o Rule on the Writ of Habeas Data
o The Rules of Procedure for Environmental Cases
HR victim may opt to file a complaint with the:
o CHR task is solely fact-finding investigation
o After investigation, prosecution will be handled by DOJ
until case is resolved
o HR victim may also file a criminal complaint direct to the
Office of the Prosecutor
o Complaint can be filed for specific crimes:
o Crimes violating the right to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures

Arbitrary Detention

Unlawful arrest

Delay in the delivery of detained persons

Violation of domicile

Maliciously obtaining search warrant and abuse

in the service of such warrant

Searching a domicile without witnesses

Prohibition, interruption and dissolution of

peaceful meetings

Tumults and other disturbances of public order

o Crimes violating the right to freedom of religion

Interruption of religious worship

Offending the religious feelings

o Crimes violating the right to freedom from involuntary
servitude

Slavery

Retaining a minor in his service against the

formers will

Compelling another to work for him against his

will as a household servant or farm laborer
o Crimes violating right to life

Parricide

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Homicide

Infanticide

Intentional abortion

Unintentional abortion

Mutilation

Serious physical injuries

Less serious physical injuries

Crimes violating the prohibition on torture

Maltreatment of prisoners

Offender Is not vested with custody of the

prisoner but commits only physical injuries
Crimes violating rights to the liberty of abode

Expulsion

Grave coercion

THE REPORTING REQUIREMENT

ADMINISTRATIVE REMEDIES

Administrative Remedies:
o Section 12 (4) Article 3 (Bill of Rights)
o Rule on the Writ of Amparo
o Rule on the Writ of Habeas Data
o The Rules of Procedure for Environmental Cases
Revised Admin Code of 1987
o Head of the Bureaus or Offices has the authority to
discipline his employees
o In line with Chapter 6, Book IV of the RAC

INTERNATIONAL REMEDIES

Reso 1503 of the Economic and Social Council

(ECOSOC) 1970

State parties are required by the treaties to periodically submit

reports to the:
o Sec-gen of the UN or
o Monitoring body created by the treaty
Content:
o Comprehensive account of the measures adopted by
the State Parties to apply the provisions of the UN
conventions
o Elaboration on the progress that state parties have
achieved to fulfill their obligations
o Factors and difficulties that may retard their progress
Found in treaties like:
o International Covenant on Economic, Social and Cultural
Rights
o Convention on the Elimination of all forms of racial
discrimination
o Convention against torture
o Convention on the Elimination of all forms of discrimination
against women
o Convention on the rights of a child
o International Covenant on Civil and Political Rights

INVESTIGATION COMMUNICATION/COMPLAINTS

Based on treaties and non-treaty procedures

Treaties Mechanism/ Procedure
o Reporting requirement to ensure State compliance with
treaty obligation
o Investigation of communications to determine breaches
of treaty obligations
o Investigation, prosecution and trial of human rights
violators under the Rome Statute of the International
Criminal Court
Non-treaty Procedures
o Public 1235 Procedure
o 1503 Procedure established by Reso 1235 1976

Quasi-judicial practice of the HR committee

Most effective HR complaints system
January 1999
o 95 of the 144 State parties to the ICCPR including
communist states of Europe, Latin American and African
States = parties to First Optional Protocol and submit
themselves to jurisdiction of HR committee in cases of HR
violations
o 844 individual communication/complaints relating to 59
States have been dealt with by the committee
o 248 inadmissible
o 308 decided on their merits

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Only INDIVIDUALS not groups, NGOs or other legal entities may

submit their communication to the committee (Art 1 and 2 of
Optional Protocol)
Decisions of Committee on the merits structured like court
judgements
Individual members may add their dissenting or concurring opinion
Shortcoming:
o Lack of legally binding effects and
o Of any sanction against non-cooperative governments

3.

The Prosecutor may initiate investigation motu

proporio or on her own on the basis of the information
received from any reliable source as to the
commission crimes
AND THEN:
1. Prosecutor then applies for a warrant of
arrest with the Courts pre-trial chamber for
the arrest and surrender of the suspect
2. If approved, a warrant of arrest shall issue

THE INTERNATIONAL CRIMINAL COURT

PUBLIC 1235 Procedure

Rome statute establishing the ICC

Considered one of the most ambitious international legal initiatives
The important new institution for human rights
Deals with and has the power to investigate, prosecute and convict
individuals
o ** International Court of Justice deals with states
Rome Statute
o Adopted on July 17, 1998
o 5-week plenipotentiary conference in Rome
o Special Treaty event on July 1, 2002

10 states deposited their instruments of

Ratification
o 2003

92 nations have ratified the Rome Statute

139 States signed the treaty (The NGO Coalition

for the International Criminal Court, 2003)
International jurisdiction over criminals
Addresses the problems of preventing HR violators and criminals
who have escaped their national jurisdiction
o Genocide
o Crimes against humanity
o War crimes
o Aggression
3 ways by which an investigation by the ICC may be initiated:
1. A State party may refer as situation to the
prosecutor where it appears that one or more crimes
within the jurisdiction of the court was committed
2. The Security Council may refer a situation to the
Prosecutor

Economic and Social Council (ECOSOC) Reso 1235 authorizes:

o The commission on HR

53 members elected by ECOSOC

o Sub-commission on Prevention of Discrimination and
Protection of Minorities

26 HR experts nominated by their governments

and elected by CHR
To:
o Debate during their annual session the question of the
violation of HR and fundamental freedoms
o Examine information relevant to violation of HR in their
public sessions
Information on HR violations may be furnished by:
o States (both members and non-members of the
Commission)
o Members of the Sub-commission

Authorized to adopt resolutions on the situation of

HR violations in specific countries

BUT may not rake further actions

o Non-governmental organizations

Participate in the debates during annual session

Only the Commission is mandated to take action for HR violations
in any part of the world

CONFIDENTIAL 1503 Procedure

Adopted by ECOSOC
Provides for a confidential complaints procedure

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Deals with communication indicating a consistent pattern of gross

and reliably attested violations of HR and fundamental freedoms
Individuals, groups and organizations may submit complaints to
the Sec-Gen for confidential examination by the Commission and
Sub-Commission
Admissibility criteria:
o Complaint may not be anonymous
o May not contain abusive or insulting language
Commission declares by simple majority on the issue before it
May either decide to:
o Keep the matter under review
o To undertake further study
o Appoint a special rapporteur with a mandate to submit a
confidential report to the Commission
o To transfer the situation from the confidential 1503
procedure to the Public 1235 procedure
o Make recommendations to ECOSOC which deals with
such recommendations in its public meetings
Although ECOSOC decisions are NOT binding, a public
condemnation by ECOSOC of HR violation in a specific country
puts pressure on the government concerned to take its HR
obligations under the UN charter seriously

c.
d.
e.

Chapter 7 Preventive Mechanisms in the Field of

Human Rights

SPECIAL COUNTRY RAPPORTEURS AND THEMATIC RAPPORTEURS

Office of the UN High Commissioner for Human Rights

Plays the vital role for providing proactive and preventive response
to human rights violations

In various parts of the globe, this is performed by national human

rights institutions or commissions and by non-governmental and
private sector actors

*Rapporteur a person whose job is to do research and present official

reports on a particular subject

1. Involuntary disappearance
2. Torture
3. Extra-judicial executions
4. Arbitrary detention
5. Freedom of expression
6. Xenophobia
7. Racism
8. Violence against women
Examine relevant information from all reliable sources
about violation of HR wherever in the world
They may also visit specific countries with the consent
of government concerned
Submit annual reports to the commissions containing:
1. Survey the information received by the
special thematic rapporteurs
2. Replies by the government and their lack
3. The actions taken by the special
rapporteur
4. General comments or recommendation of
the special rapporteur

CHR has developed 2 types of instruments to supervise

implementation of HR pursuant to ECOSOC reso 1235:
1. Appointed a SPECIFIC COUNTRY RAPPORTEURS and
working groups
a. Mandated to report annually to the commission on the
development of HR situation in the country they are
appointed
b. Such supervision puts pressure on the government of
the State to improve its human rights record
2. THEMATIC RAPPORTEURS OR WORKING GROUPS
a. Developed in early 1980s
b. Issues of:

The Office of the UN High Commissioner for Human Rights

Promotes and protects human rights

Established by UN General Assembly on December 20, 1993 after

the 1993 World Conference on Human Rights

Proactive and preventive responsibilities of UN General Assembly

48/141:
o Promoting and protecting the effective ENJOYMENT by all
of civil, cultural, economic and political rights

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o
o
o

o
o
o
o
o
o

Carrying out the TASKS assigned to him/her and

SUBMITTING RECOMMENDATIONS to them to improve
the promotion and protection of all HR
Promoting and protecting the REALIZATION of the right to
development
Providing, through the appropriate mechanism and
institutions, ADVISORY SERVICES and TECHNICAL
AND FINANCIAL ASSISTANCE, at the request of the
state
Coordinating relevant UN EDUCATION AND PUBLIC
INFORMATION programmes
Playing an ACTIVE ROLE IN REMOVING CURRENT
OBSTACLES and in meeting the challenges to the full
realization of HR and preventing violations of HR
ENHANCING INTERNATIONAL COOPERATION for the
promotion and protection of human rights
COORDINATION OF THE HUMAN RIGHTS promotion
and protection activities through the UN system
NATURALIZATION, ADAPTATION, STRENGTHENING
AND STREAMLINING of the UN machinery in the field of
HR to improve its efficiency and effectiveness
OVERALL SUPERVISION of the office of the High
Commissioner

Non-Governmental Organizations

Belonging to civil society that has been in the forefront of the fight
for liberty and considered a pillar of democracy, the conscience of
government and the overseer of governmental actions
(Panganiban, 2011)

1987 Constitution
o NGOs are peoples organization which are bona fide
associations of citizens with demonstrated capacity to
promote public interest and with identifiable leadership,
membership and structure

Henry Steiner and Philip Alston

o NGOs pervade and are vital parts of the human rights
regime
o Bring out the facts, contribute to standard-setting as well
as to the promotion, implementation and enforcement of
human rights norms, spread the message and proceed
with a speed, decisiveness and range of concerns
impossible to imagine in relation to most of the work of
bureaucratic and politically constrained intergovernmental
organizations

National Human Rights Institutions

A national human rights institution is an organization that has

been established by national governments with the specific role
of protecting and promoting human rights (Pegram, 2013)

Paris Principles Standards for an effective national

human rights institution
1. Independence
2. Broad human rights mandate
3. Adequate funding
4. Inclusive and transparent selection and
appointment process

Commission on Human Rights of the Philippines

o 1997

National human rights commission of INDIA

o Conduct research and to promote awareness and
education to encourage the involvement of the NGOs
and other institutions

UGANDA Human Rights Commission

o 1997
o Establish continuing program of research, education,
and information to enchance report for human rights
and to formulate, implement and oversee
programmes

Chapter 8 The Judiciary, the academe and the

family on building a human rights culture
Human Rights Culture

Human rights culture is a shared communitarian belief in the

inherent dignity and of the equal and inalienable rights of all
members of the human family

Shared consensus that the dignity and worth of every human

person can be upheld and honored if the State and non-State
actors undertake efforts and initiatives to uphold and honor human
rights.

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Jose Ayala Lasso first UN High Commission for HR

o
o

The Judiciary

The judiciary = key player in the development of human rights

culture

Settle actual controversies that involve rights which are legally

demandable and duty to determine GAD

Potent agent to overcome marginalization, impoverishment,

discrimination and inequality

It can educate and enlighten the members of the bar, litigants, law
students and the public about the majesty and efficiency of human
rights

Human Rights and the Rule of Law:

o The rule of Law is a dynamic concept for the expansion
and fulfillment of which jurists are primarily responsible
and which should be employed not only to safeguard and
advance civil and political rights of the individual in a free
society, but also to establish social, economic,
educational, and cultural conditions which his legitimate
aspiration and dignity may be realized.

Kenya workshop in 1985

o The Role of the Judiciary in Plural Societies
o Judicial activism

Important strategy to overcome all forms of

oppression, exploitation, impoverishment,
unjustifiable model of social development in
Africa and Asia

Vital human technology for social change in

impoverished society

The Family

1987 Constitution, Article 15 The Family

o Section 1 States recognition of the Filipino family as the
foundation of the nation
o Section 2 marriage as an inviolable social institution and
the foundation of the family
o Section 3 States obligation to honor and defend the
right that pertains to spouses, children, family or family
associations and the elderly

Values are caught not taught

o At home, children learn by transmission
o In school, children learn by instruction
o Proverbs 22:6

Train up a child in a way he should go and when

he is old, he will not depart from it
o As parents are, so children will they be.
o George Benson

Great ideas and fine principles do not live from

generation to generation just because they are
good, nor because they have been carefully
legislated. Ideals and principles continue from
generation to generation only when they are built
into the hearts of children as they grow up

The Academe

The academe is another key player

1987 Constitution
o Article 16 (Education, Science, Technology, Arts, Culture
and Sports)
o Inclusion of the constitution as part of the curricula of
educational institutions
o Patriotism and nationalism, foster love of humanity,
RESPECT FOR HUMAN RIGHTS, appreciation of the role
of national heroes in the historical development of the
country..

Human Rights Constitution

SY 2013-2014

Human rights law taught in all law schools

Establishment of centers and institutes of human

rights and social justice

Foundation of student human rights organizations

Hands-on training and summer externship

programs with human rights organizations

Human rights field-trips

Human rights boot camps

HR exchange programs for students,

domestically and internationally

HR cultural shows and art exhibitions

HR dialogue between government

UN officials and students

HR debate/moot court competition

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