Human Rights in the Philippine Setting

Written by: Roberto D. Aguila, Jr.

Many people are not well-informed about human rights. The lack of knowledge
thereof is particularly evident in our country. Hence, as law students and as
future members of the Bar, we must grasp the essence of human rights.

Moreover, we must be aware of the importance of human rights in furtherance

of national development.

This article aims to provide a general understanding of the subject as well as

its application in the Philippine setting and the underlying issues about human
rights in the country.

Human rights are those inherent to all human beings, regardless of sex,
nationality, religion, ethnicity, or any status.1

Full recognition of these inherent rights started with the formation of the
United Nations. The United Nations formed a formal declaration of human
rights,2 following the end of the Second World War.

Today, the protection and promotion of human rights is guaranteed by

international law as one the duties of a State, irrespective of its political,
economic, and cultural systems.3 In the Philippines, the sanctity of human
rights is protected by the 1987 Constitution as well as several legislative acts.

It is important to know the basis of human rights under the international law
as well as in our own legal context. Most of the laws and treaties for the
protection of human rights are based from the provisions of the Universal
Declaration of Human Rights (UDHR).
It was proclaimed by the UN General Assembly in 1948, providing for the
fundamental rights that must be universally protected.

1. The Universal Declaration of Human Rights provide the following rights, in

toto: (1) right to equality; (2) right against discrimination; (3) right to life,
liberty, and property; (4) abolition of slavery; (5) prohibition of torture; (6)
right to recognition of person; (7) equal protection of law; (8) protection of
human rights; (9) right against unlawful detainment;

1See Art. 2, Universal Declaration of Human Rights

2Universal Declaration of Human Rights

3See 1993 Vienna World Conference on Human Rights

(10) right to due process; (11) presumption of innocence unless proven

otherwise; (12) right to privacy; (13) liberty of abode and travel; (14) right to
seek asylum; (15) right to a nationality; (16) right to marry; (17) religious
freedom; (18) freedom of expression; (19) right of peaceful assembly; (20)
freedom to vote and free participation in politics; (21) right to social security;
(22) right to work; (23) right to rest and leisure; (24) right to good standards
of living; (25) right to education; (26) right to cultural and scientific
participation; and (27) right to own intellectual property.4

Likewise, there are numerous conventions and covenants involving the

recognition and application of human rights law in various scenarios. These
are some of the commonly known conventions and covenants in human rights
law:

International Covenant on Economic, Social and Cultural Rights

It is a multi-lateral treaty adopted by the member-states of the UN on 1976,

recognizing economic, social, and cultural rights of a person. It is therefore
distinct from civil and political rights.

Geneva Convention on the Rules of War

The four Geneva Conventions and its Additional Protocols provide for the rules
of engagement in the state of war, protecting civilians and non-combatants. It
also defined the grave breaches to humanitarian law.

UN Convention on the Rights of the Child (UNCRC)

It is an international agreement that recognized the right of every child,

regardless of race, religion, or any other status, such as (1) right to life and
development; (2) protection from violence, neglect, and abuse; (3) right to
education; (4) right to be part of a family; and (5) freedom of expression.

International Labour Organization (ILO) Core Conventions

The International Labour Organization has set forth eight (8) core conventions
recognizing the right of human beings at work. Each member-state in the
Convention is deemed responsible to preserve these rights to improve
individual and collective working conditions.

4See Arts. 1-27, Universal Declaration of Human Rights

These core conventions are:

1. Forced Labour Convention (1930, ILO Convention 29)

2. Freedom of Association and Protection of the Right to Organize Convention

(1948, ILO Convention 87)
3. Right to Organize and Collective Bargaining Convention (1949, ILO
Convention 98)

4. Equal Renumeration Convention (1951, ILO Convention 100)

5. Abolition of Forced Labour Convention (1957, ILO Convention 105)

6. Discrimination (Employment and Occupation) Convention (1958, ILO

Convention 111)

7. Minimum Age Convention (1973, ILO Convention 138)

8. Worst Forms of Child Labour Convention (1999, ILO Convention 182)

Our country became a signatory to various conventions, covenants, and

treaties about human rights. Thus, it is not surprising to see several provisions
in our Constitution that adhere to the concept of human rights.

Since the Philippines adopts the generally accepted principles of international

law as part of the law of the land5, even the conventions in which we are not a
signatory thereof, can be applied in our jurisdiction.6

The Bill of Rights7 is most notable for incorporating provisions of the UDHR in
our legal system. Moreover, the Constitution provides provides a sole section
to propagate human rights in different sectors such as in labor, land reform,
health care, and women empowerment.8 This same section paved the way to
the creation of the Commission on Human Rights (CHR). CHR is a
constitutional commission mandated to protect human rights and to
investigate human rights violations.9

5Sec. 2, Art. 2, 1987 Constitution

6See Kuroda v. Jalandoni, G.R. No. L-2662
7Art. 3, 1987 Constitution
8Art. 13, 1987 Constitution

9Secs. 17-19, Art. 13, 1987 Constitution

The Commission may act on complaint of any party, or motu proprio to
exercise its investigative functions. Substantial legal measures are provided
regardless of financial capacity.

In addition, the Commission facilitate programs for research and education to

enhance the respect for human rights.

Special laws were also enacted in favor of human rights. These laws includes
but not limited to the following:

The Indigenous Peoples Rights Act of 1997 (R.A. 8371)

It is promulgated to recognize, protect, and promote the rights of indigenous

cultural communities and indigenous people through the creation of a national
commission establishing implementing mechanisms to achieve the protection
of the indigenous peoples rights. The act also defines ancestral land, domain,
and customary law.

Juvenile Justice and Welfare Act (R.A. 9344)

This act created the Juvenile Justice and Welfare Council under DOJ, which
sets the implementing rules in cases involving children in conflict with the law.
It also addresses the need for their rehabilitation and reintegration in society.

Anti-Torture Act of 2009 (R.A. 9745)

R.A. 9745 further expands the legal enforcement on the prohibition of

torture.10 It penalizes the violation of rights against torture, inhumane
treatment, and solitary confinement.

Magna Carta of Disabled Persons (R.A. 7277)

This act provide privileges to disabled persons for the improvement of their
lives and to help them integrate into society. It also recognizes the right of the
disabled to rehabilitation and the equal opportunity to employment.

Despite a lot of effort to promote human rights, its violations were seemingly
innumerable.

The most recent violation thereof is the increasing number of casualties in the
governments anti-illegal drugs campaign. Some of the victims were often
seen to be innocent parties.
10Art.5, Universal Declaration of Human Rights

This is unfortunate by reason of the various laws enacted to protect the right
to life under the process of law. Likewise, seeing homeless people and those
who experience poor living conditions is an everyday scenario in Metro Manila.

There are also a lot of labor disputes in which the main issue are violations of
labor rights by the employer. (e.g. illegal dismissal, non-payment of 13th
month pay, et. al.)

The issues on human rights will always be a relevant topic. The first step to
solve these problems is to recognize human rights as inherent and inseparable
to everyone.

We should make the effort of protecting our inherent rights as human beings.
It may be as simple as treating everyone with respect or may be active as
participating in endeavors for the promotion of human rights.

Adherance to the concept of human rights may be inferred as a duty of

individual in a civilized society. After all, it is instilled in our law that every
person must, in the exercise of his rights and in the performance of his duties,
act with justice, give everyone his due and observe honesty and good faith.11

11Art. 19, Civil Code