Evolution and Development of

Human Rights

Atty. Romeo Torres Cabarde Jr.

Ateneo Public Interest and Legal Advocacy Center
Ateneo de Davao University

Session Objectives

Identify the key UN Human Rights

Instruments and their respective
features

Name the different human rights issues

and concerns relevant to the instruments

Articulate some of the human rights

contained in the instruments

Defining Human Rights

Ordinary rights and human rights

Acquired/inherent
Alienable/inalienable
Unequal/equal
Prescriptible/imprescriptible

International Human Rights Law the law that deals with the protection of
individuals and groups against violations of their internationally
guaranteed rights, and with the promotion of these rights.

Preamble:
recognition of the inherent dignity
and of the equal and inalienable rights
of all members of the human family is
the foundation of freedom, justice and
peace in the world

Universal
Declaration of
Human Rights
(UDHR)
10 December
1948

Universal
Inhere
nt

Inalienable

Indivisible

Interrelated

Traditionally, it is the
state which has the
primary responsibility to
respect, protect and
fulfill human rights.

At present, NonState Actors can

also be held
accountable for
human rights
violations.

States
have the
obligation
to refrain
from
interfering
with the
enjoyment

States
have the
obligation
to prevent
violations
of rights by
other
persons or

States have
the
obligation to
take
appropriate
measures
towards the
realization

Is Human Rights a
Western
Concoction?

Philosophical Visions:

Human Nature - A search for Common secular inquiry and

human reason

400 B.C.E. est. - Mo Zi founded Mohist School of

Moral Philosophy in China
Importance of duty, self-sacrifice, and an all-embracing
respect for others universally throughout the world

300 B.C.E. est. Chinese sage Mencious

Wrote on the human nature humans are
fundamentally good, but goodness needs to be nurtured

300 B.C.E. est. Hsun-tzu

Asserted to relieve anxiety and eradicate strife, nothing is
a effective as the institution of corporate life based on a
clear recognition of individual rights

Philosophical Visions:
Human Nature

1750 B.C.E. King Hammurabi in Babylon

Necessary to honor broad codes of justice among people. Created
one of the earliest legal codes to govern behavior let the
oppressed man come under my statue to seek equal justice in law

Ancient Egypt
Explicit social justice comfort the afflictedrefrain from unjust
punishment. Kill notmake no distinction between the son of a
man of importance and one of humble origin

Early Sanskrit writings in Indian

Responsibility of rulers for the welfare of people. Noone should
be allowed to suffer either because of poverty or of any
deliberate actions on the part of others

Philosophical Visions:
Human Nature with Spiritual/Religious
Traditions

300 B.C.E. Ashoka of India

Freedom of worship and other rights of his subjects. Other
leaders from this area impartial justice and social equality and no
castes should exist since all are from one tree

16th century - Hindu philosopher Chaitanya

There is only one caste humanity

Sikh leader Guru Gobind Singh

Proclaimed recognize all the human race as one

10th Century - Al-Farabi, an Islamic Philosopher

Wrote The Outlook of the People of the City of Virtue, a vision of moral
society in which all individual were endowed with rights and lived
in love and charity with their neighbors.

The Birth of
Rights
What it waswhat it is and
where it is going to be!

1945 End of World War

II

Awareness that respect

for human rights is a
precondition for peace

Oct
Founding of the
24,
United Nations
1945 Organization

Commitment of the UN
to the protection of
human rights of all
peoples of the world
Recognition of States
responsibility in human
rights protection

1946 Creation of the

Commission on
Human Rights by
ECOSOC

Preparation of the draft

Universal Declaration of
Human Rights

Dec. Proclamation of
10,
the Universal
1948 Declaration of

Setting of universal
minimum standards of
human rights to be

IHRI

Entry into
Force

Signatorie
s

Salient Features

UDHR

Dec 10,
1948

48 adoption

Customary law; sets

minimum standards of
HR across the globe; 30
articles

ICERD

Jan 4, 1969

85

any distinction,
exclusion,
restriction or preference
based
on race, colour, descent,
or
national or ethnic origin
which
has the purpose or effect
of
nullifying or impairing the
recognition, enjoyment or
exercise, on an equal
footing, of human rights
and fundamental

IHRI

Entry into
Force

Signatorie
s

Salient Features

ICCPR

Mar 23,
1976

72

Right to life, liberty,

property, religion,
expression and assembly

ICESCR

Jan 3, 1976

154

Right to
nondiscrimination
Right to work
Just & favourable
conditions of work
Trade union rights
Right to social security
Protection of the family
Right to adequate
standard of living
Right to health
Right to education
Right to participate in
cultural life

International Bill of
Human Rights
U n iv e r s a l D e c la r a t io n o f H u m a n R ig h ts
(U D H R )
D e ce m be r 10 , 19 48

In t 'l C o v e n a n t o n C iv il a n d P o lit ic a l R ig h ts

In t 'l C o v e n a n t o n E c o n o m ic , S o c ia l a n d C u lt u r a l R ig h ts

( IC C P R )
A d o p te d b y U N G e n e r a l A s s e m b ly in 1 9 6 6
E n te r e d in to F o r c e in 1 9 7 6

(IC E S C )
A d o p te d b y th e U N G e n e r a l A s s e m b ly in 1 9 6 6
E n te r e d in to F o r c e in 1 9 7 6

O p tio n a l P r o to c o l to th e IC C P R
( M e m b e r n a t io n s p e r m it in d iv id u a ls o r g r o u p s
to r e p o rt p e rs o n a l h u m a n r ig h t s v io la t io n s to th e
U N H u m a n R ig h ts C o m m itte e )

IHRI
CEDAW

Entry into
Force

Signatorie
s

Sep 3, 1981 84

Salient Features
any distinction,
exclusion or restriction
made on the basis of sex
which has the
effect or purpose of
impairing or nullifying
the recognition,
enjoyment or exercise by
women, irrespective of
their marital status, on a
basis of equality of men
and women, of human
rights and fundamental
freedoms in the political,
economic, social,
cultural, civil or any other
field (article 1)

IHRI

CAT

Entry
into
Force
Jun 26,
1987

Signato
ries
147

Salient Features

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
committed or is suspected of
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

IHRI

Entry into
Force

Signat
ories

Salient Features

CRC

Sep 2,
1990

194

Participatory Rights
Development Rights
Protection Rights
Survival Rights

CPMW

Mar 14,
2003

78

The Convention applies to the

entire migration process,
including reparation for
migration, departure, transit
and the entire period of stay
and remunerated activity in the
State of employment as well as
return to the State of origin or of
habitual residence. The majority
of the rights are relevant to the
receiving State, though there
are also obligations specifically
placed upon the sending state.

IHRI

Entry into
Force

Signat
ories

Salient Features

Genocide Jan 12,

1951

54

Genocide is the deliberate and

systematic destruction, in whole
or in part, of an ethnic, racial,
religious, or national group.

CPPAED

87

the arrest, detention, abduction

or any other form of deprivation
of liberty by agents of the State
or by persons or groups of
persons acting with the
authorization, support or
acquiescence of the State,
followed by a refusal to
acknowledge the deprivation of
liberty or by concealment of the
fate or whereabouts of the
disappeared person, which
place such a person outside the
protection of the law.

November
20, 2010

IHRI
CPWD

Entry into Signato

Force
ries
May 3,
2008

94

Salient Features
those who have long-term
physical, mental, intellectual or
sensory impairments which in
interaction with various barriers
may hinder their full and
effective participation in society
on an equal basis with others.
The Convention stresses that
persons with disabilities should
be able to live independently and
participate fully in all aspects of
life. To this end, States Parties
should take appropriate
measures to ensure that persons
with disabilities have access, to
the physical environment, to
transportation, to information
and communications, and to
other facilities and services open

CORE INTERNATIONAL
HUMAN RIGHTS INTRUMENTS
UDHR
ICESCR

ICCPR
CR
C
MW
C

CEDA
W
CRP
D

CA
T

CER
D
ICAE
D

UNHR Bus Stop

Participants will be divided into 9 groups

Across the session hall, there are 9 bus stops, the stations are
named after the UNHR instrument
Each group will be asked to start the trip on a particular
station
In order for the group to proceed with the trip, they have to
answer two questions in each bust stop: [1] What are the
salient features of the UNHR instrument? and [2] What
common issues/concerns/HR violations are relevant to the
instrument?
After a few minutes discussing the instrument in each station,
the green light shall mean the bus will move to the next
station going clockwise. Repeat the same steps until all
stations are visited. The trip is completed.

Universal Declaration of
Human Rights
Adopted by
the UNGA on
10 December
1948 in Paris
First global
expression of
rights to which
all human
beings are
entitled

Fundamental
constitutive
document of the
UN
Has been adopted in or
influenced most national
constitutions since 1948.

Arose
directly from
WWII
experience

Comprised of 30
articles setting
forth rights

Described
by the
Guinness
Book of
Records as
the most
translated
document"
in the
world

As a declaration (as opposed to a convention), it may not be formally legally

binding, but it has arguably attained the status of customary international

Dark green
signed and
ratified
Light green
signed but not
yet ratified
upload.wikimedia.org/.../400px-ICCPR-members.PNG
Grey -neither
signed nor
ratified

Rights involving dignity & physical integrity (e.g., right to life, protection
vs. torture)
Due process of
law

Rights involving
political
participation

Individual freedoms

Protection from
various forms of
discrimination

religion
A Muslim girl was
not given any
attention
and service.

Freedom of movement/travel

Article 12
Husbands in Egypt and Bahrain can file an official
complaint at the airport to forbid their wives from
leaving the country for any reason.

Syria : a husband can prevent his wife from

leaving the country.

Iraq, Libya, Jordan, Morocco, Oman and

Yemen: married women must have their

husbands written permission to travel abroad, and

they may be prevented from doing so for any
reason.

Saudi Arabia: women must obtain written

permission from their closest male relative to leave

the country or travel on public transportation
between different parts of the kingdom.

Freedom of expression ,assembly,

association

Article 19,21,22
1972 Philippine Martial
Law

-suspended the civil rights

and
imposed military authority
in the country.

International Covenant on
Economic, Social & Cultural Rights

Dark green
signed and
ratified
Light green
signed but not
yet ratified
Grey -neither
signed nor
ratified
upload.wikimedia.o
rg/.../commons/4/4
6/ICESCR.png
Labor

rights

Right to
family life

Right to an
adequate
standard of
living

Right to social security

Right to
education

Right to participation in cultural life

Right
to
healt
h

Republic of Moldova

National Programme for Gender Equality

Law on Preventing and Combating
Domestic Violation
Concerns on:
Marginalization of the Roma Community
Gender disparities in wages and children in
residential care centers
Human trafficking

Yemen

Domestic Violence
Act
Immunizaion and
the eradication of
endemics and
infectious diseases
Improvement of
access to schools
Concerns:

Discrimination
(women)
comprehensive antidiscrimination law

gender and sexuality

Gays, Bisexual, Lesbians, Transgenders

usually they are being misjudged by a lot of people by

looking the way they are. Some countries doesnt allow
them to use their facilities and there are cases that if
they apply for a job, even if theyre qualified, they are
not hired because of their gender orientation.
Australia
-gays can be denied social services and employment
from religious groups, including teaching jobs in their
schools.
-

Homosexuals

Actions against Homophobia

Workplace discrimination

International Convention on the Elimination

of All Forms of Racial Discrimination

Esther Bubley, photographer, September 1943

memory.loc.gov/pnp/ppmsc/00200/00209r.jpg
www.lulac.org/images/hist6.jpg

http://cadena.fullcoll.edu/Student%20Networks/Pics/Mar

CERD commits states to the elimination of racial discrimination

and the promotion of understanding among all races.
Any distinction, exclusion, restriction or preference based on
race, color, descent, or national or ethnic origin which has
the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of
human rights and fundamental freedoms in the political,
economic, social, cultural or any other field of public life.
(Article 1)

DISCRIMINATION
USA
during the 195os Black Americans and Whites are being segregated.

Convention on the Rights of the

Child

www.unicef.org/eapro/cov
er-of-ASEAN-Situation...

Sets out the civil, political, economic, social and cultural rights of children
Requires that states act in the best interests of the child
Acknowledges that every child has certain fundamental rights,
including the right to life and the right to his/her own name and identity

All members of the UN have ratified

the CRC except the United States
and Somalia.

Child
Soldiers

Child Abuse

Convention on the Elimination of All

Forms of Discrimination against
Women

http://cpcabrisbane.org/Kasama/2009/V23n1/CEDAW.htm
http://feministing.com/imageStorage/blamerapi http://www.bahrainrights.org/en/node
sts.jpg

The term "discrimination against women" shall mean any

distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of
their marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field. (Article 1)
CEDAW has often been described as an
international bill of rights for women.

Reproductive Health

Fixed Marriages

Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or
Punishment

Poster from Amnesty International

Campaign Against Torture, 20002001 Len Breen

www.channel4.com/.../images/pic-2010350.jpg

Definition of torture:
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 of 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. (Article 1.1)
Actions which fall short of this definition may still constitute cruel, inhuman or
degrading treatment under Article 16.

TORTURE

Another forms of torture:

Electric Shocks: Brazil, China, Egypt, Indonesia,
Iraq, Libya, North Korea, Pakistan, Tunisia,
Turkey, Uzbekistan
Denial of Food/Water: Burma, Iraq, Libya, North
Korea, Pakistan , Tunisia, Turkey, Zimbabwe
Binding/Shackling of Limbs: China, Israel,
Pakistan

International Convention on the Protection of the

Rights of All Migrant Workers & Members of Their
Families

www.migrantwatch.org/images/march.jpg
http://www.unesco.org/most/migration/convention/passport.gifwww.bahrainrights.o

Emphasizes the
nexus between
migration and
human rights

Human Trafficking

Convention on the Rights of

Persons w/ Disabilities

jfactivist.typepad.com/jfactivist

Parties to the Convention

are required to promote,
protect and ensure the full
and equal enjoyment of all
human
rights
and
fundamental freedoms by all
persons with disabilities,
and to promote respect for
their
inherent
dignity.
(Article 1)
The
convention
defines
disability as including those
who have long-term physical,
mental, intellectual or sensory
impairments
which
in
interaction
with
various
barriers may hinder their full
and effective participation in
society on an equal basis with

International Convention for the Protection

of All Persons from Enforced
Disappearances
As of July 2009, it has 81 statesignatories but only 13 have ratified it. It
will come into force when ratified by 20
states-parties.
"Enforced
disappearance"
is
defined as the arrest, detention,
abduction or any other form of
deprivation of liberty by agents of
the State or by persons or groups
of persons acting with the
authorization,
support
or
acquiescence
of
the
State,
followed
by
a
refusal
to
acknowledge the deprivation of
liberty or by concealment of the
fate or whereabouts of the
disappeared person, which place
such a person outside the
protection of the law. (Article 2)

www.icaed.org/august-30-2008/
Morocco, March 17, 2009, Front page of newspaper 'They should ratify
www.icaed.org/typo3temp/pics/112bebb6a5.jpg

MARAMING
SALAMAT!!!