Professional Documents
Culture Documents
Ex:
Chapter I right to life and dignity as a human being
GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS
Human rights are Fundamental. Why? Give examples.
What do you understand by human rights? Without them the life and dignity of man will be meaningless. Ex: right to individual
Human rights are universal legal guarantees protecting individuals and groups liberty and security of a person or freedom of thought and religion
against actions which interfere with fundamental freedoms and human
dignity. Human rights are generally defined as those rights which are inherent in our Human rights are Inalienable. Why? Give examples
nature and without which, we cannot live as human beings. These rights and Cannot be rightfully taken away from an individual. Ex: freedom from torture
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 Human rights are Imprescriptible. Why? Give examples
man and human life is inviolable. From the dignity of man is derived the right of Cannot be lost even by a long passage of time. Ex: freedom of thought, conscience
every person to free development of his personality. It's the essence of these rights and religion
that make man human.
Human rights are Indivisible. Why? Give examples
Basic Charateristics: inherent, fundamental, inalienable, imprescriptible, indivisible, Not capable of being divided. Ex: freedom of belief or opinion, freedom of religion
universal and interdependent. and worship.
Why are these rights considered as “social welfare rights” What are the obligations of developed and industrialized countries towards
They are generally stated as positive undertakings or obligations of the government Third World Countries on economic, social and cultural rights?
to ensure economic well being of the people. State Parties are obliged to take steps, individually and through international
assistance and cooperation, especially economic and technical, to the maximum of its
Why are these rights also called “Affirmative rights” available resources, with a view to achieving progressively the full realization of the
They are viewed as goals or aspirations that government should provide for its rights recognized in the present covenant.
citizens depending upon its resources.
What is meant by “public interest and social litigation?”
What are the main purposes of the economic rights? Cite examples and explain. It’s the actions or remedies to enforce and implement Economic, Social and Cultural
To promote high standard of living, full enjoyment and conditions of economic and rights. Must be accessible to all people, should be simple and at the minimum cost.
social progress and development. Free from technical forms of pleadings, rules of procedure in said cases should be
relaxed and socio-legal fact finding bodies should be appointed to determine facts in
What do you mean by social rights? Cite examples. issue.
Social rights are those rights concerned with basic human needs.
Ex: 1. Right to development How should the State comply with the Covenant on Economic, Social and
2. Right to self Determination Cultural Rights?
3. Right of Workers to Self-Organization By incorporating in their constitution most of the rights enumerated in the
4. Right to Work under Decent Living Conditions International Covenant in Economic, Social and Cultural Rights and implementation
5. Right to Work in Third World Countries of it through social legislation.
6. Right to Strike
7. Right to Strike as Against Property Rights What is meant by Right of Development? Cite concrete examples.
8. Right to Social Security Inalienable human right by virtue of which every human person and all people are
9. Protection of and Assistance to Family entitled to participate in, contribute to, and enjoy economic, social, cultural and
10. Right to Education and Development of Human Personality political development, in which all human rights and fundamental freedoms can be
11. Right to Students and Academic Freedom fully realized.
12. Participation in Cultural Life and Benefits of Scientific Progress Ex: 1. Economic prosperity
13. Religious Education and Instruction 2. Social, political and cultural empowerment
14. Right to High Standard of Physical and Mental Health 3. Social reform
4. Economic reform
What do you mean by cultural rights? Cite examples and explain. 5. Agriculture reform
Rights that aim at assuring the enjoyment of culture and its components in conditions 6. Agrarian reform and natural resources
of equality, human dignity and non discrimination. 7. Infrastructure development
Ex: 1. Right to provide funds for the promotion of cultural development 8. Governance and development financing
2. Promotion of awareness and enjoyment of the cultural heritage of national
ethnic groups and minorities and of indigenous peoples.
3. Preservation and presentation of mankind's cultural heritage CHAPTER VI
4. Legislation protecting the freedom of artistic creation and performance HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS
Q: What are the forms of remedies available to human rights victims through: Q: Discuss the procedures on how a complaint for violation of Human Rights in
United Nations Systems the Philippines is filed.
Optional Protocol to International Covenant on Civil and Political Rights adopted in BHRAO (Barangay Human Rights Action Officer) receives and process the
1966 (Ratified by the Philippines on August 22, 1989). complaints lodged by an individual before their office and is the one responsible to
The International Covenant on Elimination of all Forms of Racial Discrimination asses should there indeed a Human Rights Violation or within the jurisdiction of the
(Ratified by the Philippines on September 15, 1967). CHR. Should there be a cause established under the jurisdiction of the CHR, the
Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or complainant will be asked to provide documents and proofs for the case. At this
Punishment (Ratified on June 18, 1986). stage, the CHR may start its investigation of the case.
1503 Procedure However, in any case CHR is empowered by the Constitution to investigate on its
Through International Tribunals own even in the absence of any complaint, a Human Rights violation
International Criminal Tribunal for Violations of Humanitarian Law
International Criminal Court (ICC) Rome Statute Q: Discuss the role of the Barangay in the enforcement of Human Rights.
Through National or Domestic Tribunals Barangay Officials being the governing bodies at the community level are the ones
Governed by Local State Policies who always receive complaints and disputes at the initial stage prior to any
intervention of higher agencies or authorities. Together with the CHR and DILG,
Q: May an individual file complaint for violations of human rights in United they have instituted BHRAC, which empowers and systematize the Barangay system
Nation bodies? Discuss. to handle local disputes the proper way.
Yes. An individual whose human rightwas violated may lodge his / her complaint to
the United Nation bodies in cases where the respondent is the Government. Provided
Q: What is the role of the Philippine Commission on Human Rights in the (5) Establish a continuing program of research, education, and information to
enforcement of Human Rights Laws? Cite concrete examples. enhance respect for the primacy of human rights;
The Philippine Commission on Human Rights is a constitutional mandate, which is
tasked to ensure effective and efficient enforcement of Human RightsLaws. It is (6) Recommend to Congress effective measures to promote human rights and to
responsible for the Seminars, Trainings, Promotion, Dissemination and sustainability provide for compensation to victims of violations of human rights, or their families;
of Human Rights education. One of the most significant accomplishments of the
agency is its Initiative to make a special Human Rights Education System for (7) Monitor the Philippine Government’s compliance with international treaty
Military, Police and other Law Enforcement Agencies in which they were recognized obligations on human rights;
by UN & UNESCO. Some of the examples are:
Advocacy Courses on Human Rights and International Humanitarian Law (HR – (8) Grant immunity from prosecution to any person whose testimony or whose
IHL) possession of documents or other evidence is necessary or convenient to determine
Curricula for the Police / Jail personnel and Correction Officers. the truth in any investigation conducted by it or under its authority;
Extensive Training Course for AFP, PNP, BJMP
Bi-Annual Publication of Human Rights Journal (9) Request the assistance of any department, bureau, office, or agency in the
Quarter release of Newsletter, Batingaw. performance of its functions;
UDHR Booklet, in 4 Dialects (Tagalog, Kapangpangan, Ilokano, Cebuano)
Featured Stories of CHR’s Accomplishments and Relevant News. (10) Appoint its officers and employees in accordance with law; and
Tabloids, Magazines and Newspapers (published weekly)
TV Plugs including testimonies (11) Perform such other duties and functions as may be provided by law.
Reproduction of Human Rights Sticker – “HR Protection Sticker”
Other materials featuring current human rights issues
Creative Dance Workshop for Children
Research Studies: REMEDIES FOR THE ENFORCEMENT OF HUMAN RIGHTS TREATIES
Enhancing GO – NGO Collaboration & LAWS
Building alliance for Human Rights Legislation I. European Court of Human Rights
HR-Social Reform for Disadvantageous Sectors including their service providers. The European Court of Human Rights (ECtHR) is a regional human rights judicial
Dispute Resolutions body based in Strasbourg, France. The Court began operating in 1959 and has
Union Perspective delivered more than 10,000 judgments regarding alleged violations of the European
CHR – GO – NGO Collaboration towards monitoring Philippine Government Convention on Human Rights.These are binding on the countries concerned and have
Compliance with International Treaty Obligations on Human Rights. led governments to alter their legislation and administrative practice in a wide range
of areas. The Court's case-law makes the Convention a powerful living instrument
Other may also cite Article XIII Section 18 of the Constitution – CHR powers and for meeting new challenges and consolidating the rule of law and democracy in
function. Europe.
(1) Investigate, on its own or on complaint by any party, all forms of human rights The Court has jurisdiction to decide complaints (“applications”) submitted by
violations involving civil and political rights; individuals and States concerning violations of the European Convention on Human
Rights, which principally concerns civil and political rights.The European Court, or
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for “Strasbourg Court” as it is often called, serves a complementary role to that of the
violations thereof in accordance with the Rules of Court; European Committee of Social Rights, which oversees European States’ respect for
(3) Provide appropriate legal measures for the protection of human rights of all social and economic rights.
persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human Jurisdiction
rights have been violated or need protection; It cannot take up a case on its own initiative. Notably, the person, group or non-
governmental organization submitting the complaint (“the applicant”) does not have
(4) Exercise visitorial powers over jails, prisons, or detention facilities; to be a citizen of a State Party.
However, complaints submitted to the Court must concern violations of the
Convention allegedly committed by a State Party to the Convention and that directly
and significantly affected the applicant. As of March 2014, 47 States have ratified against discrimination and protection of civil and other human rights. Such
the Convention. Some of these States have also ratified one or more of the institutions are created by legislation or decree.
Additional Protocols to the Convention, which protect additional rights. Some countries create the Ombudsman with the primary function to protect the
To submit a complaint, an application form which is available online must be filled rights of individual. The Ombudsman often act as an impartial mediator between
out in its entirety and copies of all relevant documents must be included along with aggrieved individual and the government. Based on the investigated complaints, the
the application, which must be submitted by postal mail. ombudsman makes a recommendation addressed to the authority complained of and
if the recommendation is not acted upon, the ombudsman submits a report to the
The Court's chamber decides both issues regarding admissibility and merits of the legislature containing suggestions to resolve the complaint.
case. Generally, both these issues are dealt with in the same judgment. In final Spain
judgments, the Court makes a declaration that a contracting state has violated the Sweden
Convention, and may order the contracting state to pay material and/or moral Switzerland
damages and the legal expenses incurred in domestic courts and the Courtin Macedonia
bringing the case. The Court's judgments are public and must contain reasons Turkey
justifying the decision. Article 46 of the Convention provides that contracting states Ukraine
undertake to abide by the Court's final decision. On the other hand, advisory opinions United Kingdom
are, by definition, non-binding. The Court, under the Convention, has no jurisdiction
to annul domestic laws or administrative practices which violate the Convention. Ireland
The Committee of Ministers of the Council of Europe is charged with supervising Italy
the execution of the Court's judgments. The Committee of Ministers oversees the Latvia
contracting states' changes to their national law in order that it is compatible with the Liechtenstein
Convention, or individual measures taken by the contracting state to redress Lithuania
violations. Judgments by the Court are binding on the respondent states concerned Luxembourg
and states usually comply with the Court's judgments. Malta
Republic of Moldova
Friendly Settlement Monaco
Prior to a decision on the merits, the Court will try to facilitate the arrangement of a Montenegro
friendly settlement. If a friendly settlement cannot be reached, the Court will then
deliver a judgment on the merits. In instances where the Chamber hearing the case Albania
decides to issue an admissibility decision in conjunction with a judgment on the Andorra
merits, then the Parties may include information about friendly settlements in the Armenia
observation they submit to the Court. Austria
Azerbaijan
Interim Measures Belgium
In exceptional cases, the Court may grant applicants “interim measures,” which are Bosnia and Herzegovina
designed to protect the applicant from further harm while the case proceeds before Bulgaria
the Court. Requests for interim measures are only granted when there is an imminent Croatia
risk of irreparable harm such as death or torture. They are most often granted in Cyprus
extradition and deportation cases.
Netherlands
47 Member States Norway
Poland
II. National Human Rights Institutions Portugal
Human Rights institutions are administrative in nature in the sense that they are Romania
neither judicial nor law-making. As a rule, these institutions have advisory authority Russian Federation
regarding national and international human rights for the protection of nationals San Marino
Serbia
Slovak Republic promulgate rules concerning the enforcement of rights. In 2002, he was appointed to
Slovenia the Supreme Court, and his effort initiated more than three decades ago paid off
when the court of last recourse adopted in 2007 the Rule on the Writ of Amparo for
the protection of the rights to life, liberty, and security.
Czech Republic
Denmark Legal Remedy for Human Rights Violation
Estonia The writ is a remedy available to any person whose right to life, liberty and security
Finland is violated or threatened with violation by an unlawful act or omission of a public
France official or employee, or of a private individual or entity. It covers extralegal killings
Georgia and enforced disappearances or threats. The principal objective of its proceedings is
Germany the initial determination of whether an enforced disappearance, extralegal killing or
Greece threats thereof had transpired —the writ does not, by so doing, fix liability for such
Hungary disappearance, killing or threats, whether that may be criminal, civil or
Iceland administrative under the applicable substantive law.The filing of the petition does not
Local Remedies in the Philippines suspend nor preclude the filing of criminal, civil, or administrative actions.
1. Commission on Human Rights (ART. XIII) The petition for the writ of Amparo is a special proceeding governed by A.M. No.
CHR Composed of: 07-9-12 SC. The rationale of the writ stems from the most basic human right to life.
Chairman The Covenant on Civil and Political Rights and as recognized in the Philippine
4 Members Constitution, every person has the inherent right to life, liberty and security
Qualifications:
Natural-born citizen
Majority must be members of the Bar THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
Others provided by law
Powers & Functions: Adopted by the UN General Assembly on Dec. 10, 1948
Investigate violations of human rights including civil and political rights. (Cariño v 1st International recognition that human rights and fundamental freedoms are
CHR) applicable to every person
Adopt operational guidelines Not legally binding / not a treaty. It’s a moral obligation rather than legal.
Provide appropriate legal measures for all persons within Philippinesas well as Provisions:
Filipinos residing abroad. Article 1: Right to Equality
Visitorialpowers over jails Article 2: Freedom from Discrimination
Establish continuing program of research on human rights Article 3: Right to Life, Liberty, Personal Security
Recommend to Congress effective measures of promotion of HR (EPZA v CHR) Article 4: Freedom from Slavery
Monitor Government’s compliance Article 5: Freedom from Torture and Degrading Treatment
Grant immunity from prosecution Article 6: Right to Recognition as a Person before the Law
Request assistance from any agency Article 7: Right to Equality before the Law
Appoint its officers Article 8: Right to Remedy by Competent Tribunal
Perform other functions Article 9: Freedom from Arbitrary Arrest and Exile
Article 10: Right to Fair Public Hearing
2. Writ of Amparo (A.M. No. 07-9-12 SC) Article 11: Right to be Considered Innocent until Proven Guilty
History Article 12: Freedom from Interference with Privacy, Family, Home and
Writ of Amparo first appeared in the Constitution of Yucatan in 1841 then to Correspondence
Mexican Constitution of 1857. In 1971, former Justice Adolfo Azcuna, then a Article 13: Right to Free Movement in and out of the Country
delegate to the Constitutional Convention, tried unsuccessfully to have the writ of Article 14: Right to Asylum in other Countries from Persecution
Amparo incorporated in the Constitution.He replicated his efforts as a member of the Article 15: Right to a Nationality and the Freedom to Change It
1986 Constitutional Commission. Although the writ was not constitutionalized, he Article 16: Right to Marriage and Family
succeeded in introducing a provision granting the Supreme Court power to Article 17: Right to Own Property
Article 18: Freedom of Belief and Religion "continuous improvement of living conditions" (Article 11); health, specifically "the
Article 19: Freedom of Opinion and Information highest attainable standard of physical and mental health" (Article 12); education,
Article 20: Right of Peaceful Assembly and Association including free universal primary education, generally available secondary education
Article 21: Right to Participate in Government and in Free Elections and equally accessible higher education. This should be directed to "the full
Article 22: Right to Social Security development of the human personality and the sense of its dignity”, and enable all
Article 23: Right to Desirable Work and to Join Trade Unions persons to participate effectively in society (Articles 13 and 14); participation in
Article 24: Right to Rest and Leisure cultural life (Article 15).
Article 25: Right to Adequate Living Standard Part 4 (Articles 16–25) governs reporting and monitoring of the Covenant and the
Article 26: Right to Education steps taken by the parties to implement it. It also allows the monitoring body –
Article 27: Right to Participate in the Cultural Life of Community originally the United Nations Economic and Social Council – now the Committee on
Article 28: Right to a Social Order that Articulates this Document Economic, Social and Cultural Rights to make general recommendations to the UN
Article 29: Community Duties Essential to Free and Full Development General Assembly on appropriate measures to realize the rights (Article 21)
Article 30: Freedom from State or Personal Interference in the above Rights Part 5 (Articles 26–31) governs ratification, entry into force, and amendment of the
Covenant.
Impact or Significance:
Forms part of customary international law
Cause Government to rethink/rewrite Constitution and acknowledge the rights laid
down by the UDHR ARTICLE III
Adoption of International Covenants which are binding BILL OF RIGHTS
International Agreements / Major Treaties or Convention
Reference of several laws and statutes across nations FUNDAMENTAL POWERS OF THE STATE
- They belong to the very essence of government and without them no government
can exist. A constitution can only define and delimit them and allocate their exercise
THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND among various government agencies. A constitution does not grant them.
CULTURAL RIGHTS (ICESCR) Police power: inherent and plenary power in the State which enables it to prohibit all
that is hurtful to the comfort, safety, and welfare of the society
Adopted by the United Nations General Assembly on 16 December 1966 and entered 1. Lawful subject
into force on 3 January 1976. 2. Lawful mean
Second Generation Rights Power of eminent domain: the use of government of its coercive authority, upon
One of the most important United Nations (UN) human rights treaties (multilateral just compensation, to forcibly acquire the needed property in order to devote the
treaty) same to public use
Crucial to enable people to live with dignity. CP and ESC: Indivisible and Power of taxation: method by which contributions are exacted from persons and
interrelated property for the support of government and for all public needs
Reliant on resources
5 Parts PROTECTED RIGHTS
Part 1 (Article 1) recognizes the right of all peoples to self-determination Right to life
Part 2 (Articles 2–5) establishes the principle of "progressive realization“ The constitutional protection of the right to life is not just a protection of the right to
- It acknowledges that some of the rights (for example, the right to health) may be be alive or to the security of one’s limb against physical harm. The right to life is the
difficult in practice to achieve in a short period of time, and that states may be right to a good life.
subject to resource constraints, but requires them to act as best they can within their Right to property
means. Protected property includes all kinds of property found in the Civil Code.
Part 3 (Articles 6–15) lists the rights themselves. These include rights to work,
under "just and favorable conditions", with the right to form and join trade unions SECTION 1 – DUE PROCESS AND EQUAL PROTECTION
(Articles 6, 7, and 8); social security, including social insurance (Article 9); family Substantive due process: prohibition of arbitrary rules
life, including paid parental leave and the protection of children (Article 10); an Procedural due process: guarantee of procedural fairness and a law which hears
adequate standard of living, including adequate food, clothing and housing, and the before it condemns
Equal protection Chilling effect: the citizen would hesitate to speak for fear he might be provoking
** The equal protection clause is a specific constitutional guarantee of the Equality the vengeance of the officials he criticized
of the Person. The equality it guarantees is legal equality or, as it is usually put, the Unprotected speech: libel and obscenity
equality of all persons before the law. Under it, each individual is dealt with as an ** It has been observed that such utterances are no essential part of any exposition of
equal person in the law, which does not treat the person differently because of who ideas, and are of slight social value as a step to truth that any benefit that may be
he is or what he is or what he possesses. derived from them is clearly outweighed by the social interests in order and morality