Chapter V – The International Bill of Rights

 12/10/1948 - United Nations General Assembly (UNGA) adopted and proclaimed the Universal
Declaration of Human Rights (UDHR).

 International Bill of Rights collective name for the following:

o Universal Declaration of Human Rights
o International Convention on Civil and Political Rights (ICCPR)
o International Convention on Economic, Social and Cultural Rights (ICESCR)

 International Bill of Rights for Women also known as Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW).

A. UNIVERSAL DECLARATION OF HUMAN RIGHTS

o Primary human rights instrument, it is not a treaty. UNGA enacted UDHR as a resolution
thus legally it has the force and effect only of a recommendation which is considered
“soft law”, and which traditionally would have lacked binding effect upon States.

o It evolved into general principles of international law.

o UDHR contains a Preamble and 30 articles. Among the notable declarations found in the
Preamble of UDHR are:

1. That human rights are inalienable rights of all members of the human family;

2. The recognition of human rights is the foundation of freedom, justice, and peace
in the world;

3. The freedoms of speech and belief as well as the freedom from fear and want are
the highest aspiration of the common people; and

4. Rebellion against tyranny and oppression is recognized as a last resort where

human rights are not protected.

o UDHR recognizes not only the civil and political rights of a person but also his economic
rights, such as employment, food, shelter, social security, etc.; social rights and cultural
rights.

B. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)

o ICCPR has two (2) additional protocols:

1. First Optional Protocol – Provides for the jurisdiction of the Human Rights
Committee to receive and consider communications from individuals who claim
 to be victims of human rights violations set forth in the ICCPR. Ratified by
Philippines on 8/22/1989.

2. Second Optional Protocol – is aimed at the abolition of death penalty. Ratified by

Philippines on 11/20/2007.

o In both documents, ICCPR and ICESCR, the first article is on the right of self-discrimination
– People may freely determine their political status and freely pursue the economic, social
and cultural development.

C. INTERNATIONAL CONVENTION ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)

o ICESCR has a reporting mechanism called the Committee on Economic, Social and Cultural
Rights (CESCR).

D. RIGHTS AND FREEDOMS UNDER THE INTERNATIONAL BILL OF RIGHTS

1. Equality in dignity and rights

o All human beings are born free and equal in dignity and rights. (UDHR – Article 1)

o ICCPR echoes this declaration in its Article 3, stating that The right of men and
women to the enjoyment of all civil and political rights.

o The most fundamental and basic rules for the enjoyment by every person of his
human rights: the respect and protection that each human being deserves.

o This declaration ensures that every human is entitled to his/her rights regardless
of sex, race, religion, status in life or political beliefs and that no one enjoys
preference or priority over another in the entitlement of human rights.

o This does not necessarily translate to uniformity of rights but rather to equal
opportunity to enjoy human rights.

2. Right to life, liberty and security

o Everyone has the right to life, liberty and security of person (UDHR – Article 3)

o ICCPR echoes this declaration in its Articles:

1. Article 6, Every human being has the inherent right to life. The right shall be
protected by law. No one shall be arbitrarily deprived of his life. (Life)
 “The UK Court ruled that the petitioner did not have the right to die, and
that no such right can be derived from the right to life. Right to refuse medical
treatment is valid.”

2. Article 9, Every one has the right to liberty and security of person. No one
shall be subjected to arbitrary arrest or detention. No one shall be deprived
of his liberty except on such grounds and in accordance with such procedure
as are established by law. (Liberty and Security)

3. Article 10, All persons deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person.

“The aim of imprisonment shall be the reformation and rehabilitation of

the convicts.

o The Philippine Constitution of 1987 contained a similar provision in its Bill of

Rights, Article 3, Section 1 thereof provides that “No person shall be deprived of
life, liberty or property without due process of law, nor shall any person be denied
the equal protection of the laws.”

o It restrains the State from violating a person’s life, liberty and security.

3. Right against Slavery

o No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms. (UDHR – Article 4)

o ICCPR echoes this declaration in its Article 8 (1) which states that No one shall be
held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

o In human trafficking which is known as the “modern day slavery” the important
factor is exploitation. When the persons start to get exploited, whether for debt
bondage, sexual commercialism, organ trafficking and similar purposes, there is
human trafficking victimization.

o The right against slavery is jus cogens. Human trafficking is jus cogens crime then
all states shall have erga omnes obligation to prosecute or cooperate in the
successful prosecution of this case, notwithstanding of place of commission and
territorial jurisdiction.

o Just cogens “That body of peremptory principles or norms from which no

derogation is permitted; those norms recognized by the international community
as a whole as being fundamental to the maintenance of an international legal
order.”
 o Erga omnes “obligations that states have towards the international community
as a whole”

o The applicable treaty on human trafficking is the Palermo Protocol. Human

Trafficking is a crime against humanity.

4. Right against torture

o No one shall be subjected to torture or to cruel, inhuman or degrading treatment

or punishment. (UDHR – Article 5)

o Torture means any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining from
him or a third person information or a confession, punishing him for an act he or
a third person has committed or is suspected or having committed, or
intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other
person acting in an official capacity. It does not include pain or suffering arising
only from, inherent in or incidental to lawful sanctions.

o The right against torture is non-derogable. States cannot derogate from it even
in times of war or emergency. No torture is justified, and States may not enter
into treaties providing otherwise, as the right against torture is also considered
jus cogens.

5. Right to equal protection

o All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to such
discrimination. (UDHR – Article 7)

o ICCPR echoes this declaration in its Article 8 states that All persons are equal
before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and
guarantee to all persons equal and effective protection against discrimination on
any ground such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

o The Philippine Supreme Court laid down the following requisites for reasonable
classification:
 1. It must be based on substantial distinctions which make real differences
2. It must be germane to the purpose of the law
3. It must not be limited to existing conditions only; and
4. It must apply equally to each member of the class.

6. Right to effective judicial remedy

o Everyone has the right to an effective remedy by the competent national

tribunals for acts violating the fundamental rights granted him by the constitution
or by law. (UDHR – Article 8)

o ICCPR echoes this declaration in its Article 2 (3) states that

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are
violated shall have an effective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative authorities, or by
any other competent authority provided for by the legal system of the State, and
to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when
granted.

o Both articles do not jus require States to have an in place “judicial remedy” but
also emphasize that it must be “effective”. More importantly it must be just,
accessible, free from corruption and influence-brokering, and speedy but with
quality.

o The three most dangerous enemies of fairness are corruption, ignorance, and
arrogance.

o In the Philippines, there are remedies and writs that may be availed of by human
rights victims. Among them are:

1. Writ of Habeas Corpus – a writ issued by a judge directed to the person

detaining another, commanding him to produce the body of a prisoner at a
designated time and place.

 Sec. 1 of Rule 102 of the Rules of Court of the Philippines provides:

Except as otherwise expressly provided by law, the writ of habeas
corpus shall extend to all cases of illegal confinement or illegal
 detention by which any person is deprived of his liberty, or by which
the rightful custody of any person is withheld from the person
entitled thereto.

 Under Sec. 15 Article 3 of the Philippines Constitution, provides that

“The privilege of the Writ of Habeas Corpus shall not be suspended
except in cases of invasion or rebellion when the public safety
requires it” The Privilege of the writ cannot be suspended on the
ground of an “imminent danger” of invasion, insurrection, or
rebellion.

2. Writ of Amparo – (AM issued by the SC en banc) the petition for a writ of
amparo is a remedy available to any person whose right to life, liberty and
security is violated or threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or threats
thereof.

3. Writ of Habeas Data - (AM issued by the SC en banc) is a remedy available to

any person whose right to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public official or employee, or
of a private individual or entity engaged in the gathering, collecting, or storing
of data or information regarding the person, family, home and
correspondence of the aggrieved party.

7. Right to be presumed innocent

o Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence. (UDHR – Article 11 No. 1)

o Article 14 No. 3 provides the enumeration of rights of the accused:

 3. In the determination of any criminal charge against him, everyone shall

be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he

understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his
defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person

or through legal assistance of his own choosing; to be informed,
 if he does not have legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the interests of
justice so require, and without payment by him in any such case
if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and

to obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot

understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess

guilt.

8. Right against ex post facto law and bill of attainder

o No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at
the time when it was committed. Nor shall a heavier penalty be imposed than the
one that was applicable at the time the penal offence was committed. (UDHR –
Article 11 No. 2)

o Nullum Crimen, Nulla poena sine praevia lege poenali (No crime, no punishment
without a previous penal law)

1. Holds a person liable for an act or omission that was not punished at
the time of commission

2. Imposes a penalty heavier than the one that was applicable a the
time of commission

9. Right to privacy

o No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks upon his honour and reputation. Everyone has
the right to the protection of the law against such interference or attacks. (UDHR
– Article 12)

10. Freedom of movement

The Commission on Human Rights shall have the following powers and functions:

1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving
civil and political rights;

2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;

3. Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid
services to the under-privileged whose human rights have been violated or need protection;

4. Exercise visitorial powers over jails, prisons, or detention facilities;

5. Establish a continuing program of research, education, and information to enhance respect for
the primacy of human rights;

6. Recommend to Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;

7. Monitor the Philippine Government's compliance with international treaty obligations on human
rights;

8. Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;

9. Request the assistance of any department, bureau, office, or agency in the performance of its
functions;

10. Appoint its officers and employees in accordance with law; and

11. Perform such other duties and functions as may be provided by law.