CHAPTER 1 securing them the enjoyment and

Human Rights – rights which are inherent in our nature, happiness.

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