HUMAN RIGHTS NOTES

CHAPTER I : GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

“ALL PERSONS ARE BORN FREE AND EQUAL IN DIGNITY AND RIGHTS
WITHOUT ANY DISTINCTION AS TO RACE, COLOR, SEX, RELIGION,
ORIGIN, AND SOCIAL STATUS.”

INTRODUCTORY:

 All human beings upon birth automatically belong to a society.

 They are born free, equal and with human dignity and rights.
 The first society he belongs to is his family, then at higher levels, to his
neighborhood, his municipality, his country, and international community.
 The rights he is entitled to are enjoyed without any distinction as to race,
color, sex, language, religion, origin and social status.
 The state authorities who are supposed to protect his rights are even his
persecutors.
 Judaism believes: “What is hateful to you, do not do to your fellowmen.
That the entire Law.”
 Buddhism teaches: “Hurt not others in ways that you yourself would find
it hurthful.”
 Confucianism admonishes: “If there is one principle which ought to be
acted upon throughout one’s life, surely it is that of loving kindness. Do
not do unto others what you would not have them done unto you.”
 Islam advocates: “No one of you is a believer until he desires for his
brother that which he desires for himself.”
 Christianity teaches: “In everything, do to others just what you want
them to do for you.”
 HUMAN RIGHTS DEFINED

United Nations’ Definition

 Human rights defined as those rights, which are inherent in our nature,
and without which, we cannot live as human beings.
 Human rights and fundamental freedoms allow us to develop and use our
human qualities, intelligence, talents and conscience, and to satisfy our
spiritual and other needs.
 The dignity of man and human life is inviolable.
 From the dignity of man is derived the right of every person to free
development of his personality.
 Universal Declaration of Human Rights states, “respect for human
rights and human dignity is the foundation of freedom, justice and
peace in the world.”

Philippine Commission on Human Rights’ Definition

 Human rights are supreme, inherent, and inalienable rights to life, dignity,
and self – development. It is the essence of these rights that makes man
human.

Man’s Responsibility in Human Society

 While freedom gives man the right to make moral decisions, he is responsible
for doing so and has to answer to his own conscience.
 The freedom of an individual is realized and upheld in his relations to other
people in the form given to social life.
 Freedom in responsibility includes rights and obligations.
 The freedom of the individual is demarcated by the freedom of others and
by a sense of responsibility.
Basic Characteristics of Human Rights

1. INHERENT

 Because they are not granted by any person or authority. They do not
need any event for their existence.
 They are distinguished from constitutional or legal rights, which are
provided in state constitutions or legislative bodies.
 EXAMPLES : the right to life and the right to dignity as human being.

2. FUNDAMENTAL

 Because without them the life and the dignity of man will be
meaningless.
 EXAMPLES : the right to individual liberty and security of a person,
freedom of thought or religion.

3. INALIENABLE

 Because they cannot be rightfully taken away from a free individual.

 EXAMPLE : the freedom from torture
 No authority can validly and legally torture the individual.

4. IMPRESCRIPTIBLE

 Because they cannot be lost even by a long passage of time.

 Man does not lose his rights even if he fails to use or assert them.
 EXAMPLES : freedom of thought, conscience and thought.
 Man’s right to liberty is not lost even if he had been arbitrarily
detained by the authorities.
 A legal right granted by the state to file a case for violation of an
agreement for an unreasonable time may be lost.
5. INDIVISIBLE

 Because they are not capable of being divided.

 They cannot be denied even when other rights have already been
enjoyed.
 EXAMPLES : the freedom of expression of belief or opinion. They
include the right to freedom of religion and worship.
 Ordinary legal rights can be exercised independently from the
exercise of other rights.

6. UNIVERSAL

 To all human beings irrespective of their origin, status, or condition or

place where they live.
 All human beings are essentially the same.
 Human rights are universal because said rights can be enforced
without national border.

7. INTERDEPENDENT

 Because the fulfillment or exercise of one cannot be had without the

realization of the other.
 The respect of human rights necessarily includes the realization of
man’s dignity.
 EXAMPLE : the right to life and existence as a person.
 These cannot be realized without the right to work in order to
maintain a good standard of living.
 Ordinary legal right can be exercised independently from another.
 Every human being has the basic freedom to use, exercise and
cultivate his personal talents.
 He has also the basic rights to life, dignity and free development as a
human being.
  A legitimate state should exist to assure that in the discharge of the
governmental functions, the dignity that is the birthright of every
human being is duly safeguarded.

CLASSIFICATION OF RIGHTS

1. According to Source:

1.1. Natural Rights

 God – given rights, acknowledged by everybody to be morally

good. They are unwritten but they prevail as norms of the
society.
 EXAMPLES : the right to life, dignity, and self – development.

1.2. Constitutional Rights

 Those rights which are conferred and protected by the

Constitution and which cannot be modified or taken away by the
law – making body.

1.3. Statutory Rights

 Those rights which are provided by law promulgated by the law

– making body and, consequently, may be abolished by the same
body.
 Constitutional rights and statutory rights referred to as legal
rights.

2. According to Aspect of Life:

2.1. Civil rights

  Those rights which the law will enforce at the instance of
private individuals for the purpose of securing to them
the enjoyment of their means of happiness.
 EXAMPLES : the rights against involuntary servitude
and imprisonment for non – payment of debt or a poll tax,
the constitutional rights of the accused, the social and
economic rights, liberty of abode and of changing the
same. Freedom of speech, of expression, or of the press,
the right to assembled and petition and the right to form
associations are likewise civil rights.

2.2. Political Rights

 Those rights which enable us to participate in running the

affairs of the government either directly or indirectly.
 EXAMPLES : the right to vote, right to information on
matters of public concern, and the right to initiative and
referendum.

2.3. Economic and Social Rights

 Those which the law confers upon the people to enable them to
achieve social and economic development, thereby ensuring
them their well – being, happiness and financial security.
 EXAMPLES : the right to property, education, and promotion
to social justice.

2.4. Cultural Rights

 Those rights that ensure the well – being of the individual and
foster the preservation, enrichment, and dynamic evolution of
 national culture based on the principle of unity in diversity in a
climate of free artistic and intellectual expression.

Chapter II

History, Theories of Sources and Development of Human Rights

“HUMAN RIGHTS ARE AS OLD AS HUMAN SOCIETY. THEY ARE

RIGHTS MEN ASSERTED AT THE BEGINNING AGINST INJURIES OF
TRYNNICAL RULERS OF ANCIENT NATIONS AND THE ROYAL
AUTOCRATIC KINGS AND PRINCES OF THE MEDIEVAL ERA- THE NINE
THEORIES OF SOURCES OFHUMAN RIGHTS”

Human rights are as old as human society itself. Originally as RIGHTS OF

MAN.

Theories of sources of Rights

1. Religious or the theological approach
2. The natural law theory
3. The positivitist theory
4. The theory of Marxism
5. The sociological theory
6. The utilitarian theory
7. Theories of justice
8. The theory based on equality and respect of human dignity

1. Religious theory
- central doctrines to the doctrines of all religions is the concept of the
dignity of man as consequence of human rights. This the doctrine of
Supreme being, the creator, the father of all humanity.

- Since rights come from divine source, they are inalienable and cannot be
denied by mortal beings (man).
 - Theology is therefore a basis of human rights theory stemming from a
law higher than a state and whose source is the supreme being.

- They are not concessions granted by human institutions or states, or any

international organizations as they are GOD-given rights.

- The criticism of the theological approach is that some religions impose so

many restrictions on individual freedom.

- The theological approach is valid as long as men believe that God created
them.
2. The Natural Law theory
- Which originated from the Stoics and elaborated by Greek Philosophers.
- According to philosophers by ancient Roman Law jurists perceives that
the conduct of men must always conform to the law of nature.
- embodies those elementary principles of justice which were right reason.
i.e., in accordance with nature, unalterable and eternal.
- Thomas acquinas, considered natural law as law of right reason in
accordance with the law of God, commonly known as the scholastic natural
law.
- conferred rights upon individuals viewed as part of law of the Land.
- Natural characteristics of human beings are the social impulse to live
peacefully and in harmony with the others whatever conformed to the
nature of Men as natural human beings was right and just.
- Served as norms and standards of state-enacted positive law.
- In killings- they put up a defense of “nullum crimen sine lege”-“there is
no crime unless there is a pre-existing law condemning the act as
crime.”
- Leaves vague what is part of the law of nations and therefore, is
inalienable.
3. Historical theory
 - Advocates that the human rights are not deliberate creation or the
effort of man but they have already existed through the common
consciousness of the people of what is right and just.
- Believes human rights exist through gradual, spontaneous and
evolutionary process without any arbitrary will of any authority.
Examples: CUSTOMS AND TRADITIONS
4. Sociological Approach
- Human rights exist as a means of social control.
- Exist to serve the social interests of society.
- Lays emphasis of obtaining a just equilibrium of multifacrious interests
among prevailing moral sentiments and social and economic conditions of
the time and place.
- It is pragmatic principle that the essence of law is simply to satisfy the
needs of the people.
- Focus on rights in terms of people’s wants and concern.
5. Positivitist theory
- Is known as legal positivitism states that all rights and authority come
from the state and what officials have promulgated and only law is what
is commanded by the sovereign.
- Natural law and natural rights can be valid only if they can be enforced
by the state. A rights enjoyed only if recognized and protected by
legislation promulgated by the state.
- It is the will of the sovereign.
- Offers flexibility to meet changing needs since it is under human control.
- The main criticism against positivitist theory is that the authority that
promulgates the law may not promote human rights.
- Positivism can undermine international law because of its emphasis of the
supremacy of the national sovereignty.
6. Marxist theory
- emphasizes the interest of society over an individual man’s interest.
- individual freedom is recognized only after the interest of society is
served. It is concerned with economic and social rights over civil or
political rights of community.
- The economic and social rights in many international instruments of human
rights are claimed ti be due to the Marxist theory of equitable distribution
of wealth and economic resources.
- The communist system of rights has been transferred to as parental with
political body providing the guidance in value choice. But the true choice is
the government set by the state.
7. Theory based on equality and respect
- Means the recognition of individual rights in the enjoyment of the basic
freedom such as freedom of speech, religion, assembly, fair trial and access
courts.
- Governments must treat all their citizens equally. For this purpose the
government must intervene in order to advance general welfare.
- Another type of equality involves opportunities in the availment of public
services and equal treatment before the law.
- Specific liberties such as freedom of speech, freedom of worship, right to
join association and freedom of opinion require special protection against
government interference. They are called preferred liberties, where usually
the government imposes restrictions.
8. Theory based on justice
- Justice is said, the greatest interest of man. Respect of human rights
serves the ends of justice.
- Each person possess inviolability founded on justice. The liberties of
individual can be achieved only in a just society.
- First virtue of any social institution is justice.
- There is no justice in a community where there are social economic
inequalities.
- To maintain the self-respect and the dignity of the individual, social primary
goods, such as liberation, opportunity and income are to be distributed
equitably.
9. Theory based on dignity of man
- Proceeds on the premise that human rights means sharing values of all
identified policies upon human rights depend on.
- The most important values are respect, power, knowledge health and
security.
10. Utilitarian theory
- Seeks to define the notion of rihgts in terms of tendencies to promote
specified ends such as common good.

Human rights as an International concern

Jose rizal was the first victim of human rights violation in the
country. The Malolos constitution adopted on June 20, 1899 establishing a
Republican government, contained several provisions on civil and political
rights, guaranteeing freedom from arbitrary arrest and detention, freedom
from searches and seizures, freedom to choose domicile and freedom of
religion. President McKinley directed the application of American Bill of
Rights. Through amendments of the constitution, said rights are now known
as civil and political rights.
The Filipinos were temporarily deprived of the enjoyment of the civil
and polictical rights during the military rule of Japan but were restored
immediately in 1945.
The Filipinos were again subjected to violation of human rights during
the authorizatarian rule of Pres. Marcos. This new constitution categorically
states that the state values of dignity of every human person and
guarantees full respect for human rights.
The latest human rights of international instruments is the
establishment of international criminal court to try violations on war crimes
and crimes against humanity.

Origin of human rights in the Philippines