Chapter II

HUMAN RIGHTS
“HUMAN RIGHTS AS THOSE RIGHTS WHICH ARE
INHERENT IN OUR NATURE AND WITHOUT WHICH
WE CANNOT LIVE AS HUMAN BEINGS”

“UNITED NATIONS”

Human dignity plays a special part or the Provision of our preamble

In the 1987 Constitution. The state values e dignity of every Human person and
guarantees full respect for human rights.
The Congress shall give highest priority to the enactment of Measures that protect
and enhance the right of all the people to Human dignity, reduce social, economic
Political inequalities, And remove cultural inequalities oy equitably diffusing wealth
and political power for the common good Sec. 11, Art. L1, Philippine Constitution)

HUMAN RIGHTS DEFINITION

Human nights may be defined as the supreme, inherent and Inalienable rights to life,
to dignity, and to self-development. It is the essence of these rights that makes man
human. Human rights are fundamental freedoms which are necessary and
indispensable In order to enable every member of the human race to live a life of
dignity.
What are Human Rights?
It is a difficult thing to stand up for what you believe in Human Rights defined as
those basic standards without which
People cannot Iive in dignity as human beings
HR is the foundation of freedom, justice and peace
The basis of human rights such as respect for human life and human dignity can be
found in most religions and philosophies
Confucian: 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 are birthright
Those rights which are inherent in our nature and without which we cannot live as
human beings
HR abuses are causes of conflict (HR abuses escalate conflict) the roots of internal
conflict is due to the denial of human rights
Understanding Human Rights
UN definition: those rights, which are inherent in our nature and without which, we
cannot live as human beings.
CHR definition: those rights that are supreme, inherent & inalienable right to life
dignity and to self-development.
It is the essence of these rights that makes man human. HR refer to those individual
rights & fundamental freedoms that pertain to the human person by reason of his
humanity, whether they are civil &political (CPR; and economic, social & cultural
rights (ESCR).
Classifications of HR
According to source:
1. Natural or Moral Rights – God given rights, acknowledge Morally good
2. Legal Rights:
A. Constitutional Rights-guaranteed in bill of rights of the
Constitution
B. Statutory Rights- right promulgated by legislative body.
According to Aspect of Life:
Civil Rights- rights the law will enforce at instance of private individuals for purpose
or Security and enjoyment of happiness. Civil Rights guarantee people from abuses
of state agents in the exercise of the state 3 inherent power: police power, eminent
domain and power of taxation.
Political Rights – are those rights which enable us to participate in Running the
affairs or the government either direct or indirectly
Civil& Political Rights are guarantees against government abuse.
Referred as justiciable rights -immediately enforced once violated Called negative
rights because state is refrained from violating them
Economic, Social& Cultural Rights -rights of people to self-Determination, to pursue
economic, Social & Cultural development & financial Security. Ensure a life of
dignity. Called positive rights-State expected to take effective measures to fulfill them
.Referred as programmable rights -depends upon resources and political will of the
state
According to Derogability
Non-Derogable or Absolute Rights-rights that cannot
Suspended nor taken away nor restricted or limited even in extreme Emergency and
even if government invoke national security
Note: Hand in hand with HR, which individuals must enjoy, is the right of state to
National Security. Thus, some individual rights are not degorable.
Derogable or Relative Rights- maybe suspended or restricted or Limited
depending on circumstances for preservation of social life.
State Obligations to Human Rights:
Obligation to RESPECT: Requires the State and all its organs and Agents- to
abstain from doing anything that violates the integrity of Individual or fringes on
his/her freedom
Obligation to PROTECT: Requires the State & is agents measures necessary to
prevent other individuals or groups from violating the integrity, freedom of action, or
the HR or the individuals.
Obligation to FULFILL: Requires the State to take measures to ensure or each
person within its jurisdiction opportunities – to obtain satisfaction of those heeds,
recognized in the human rights instruments which cannot be secured by personal
efforts
Right is an entitlement (claim)
Such rights maybe violated but they can never be taken away HR are legal rights-
therefore HR are part of Philippine laws.
Basic Rule: Law & Order and Peace & Secunty are matters of AFP Responsibility.
Existence of Rule of law and Respect for Rule of Law
-Implies where rights, freedoms, obligations & duties are laid Down in the law tor all
people in all equality, and
-With the guarantee that people will be treated equally in similar Circumstances.

Human Rights Enforcement means: ‘responsive, representative and

‘accountable.
Tasks &Duties of military and security forces:
A. Maintenance of public order (intern
Security operations) and national security (external threats)
B. Aid & assistance in emergencies of all kinds
 Questions of legality, necessity and proportionality using any military
power of authority:
1. Does the power of authority used in a particular situation have its basis in
national law?
2. Is the exercise of that particular power or authority strictly necessary, given
the circumstances of the respective Situation?
3. Is the power or authority used in proportion to the seriousness of the offense
& the legitimate military objective to be achieved?
What are the basic principles of Human rights?
Human rights are inherent. Human rights are birth rights. They belong to the
individual person for reason that he or she is a Human being.
Fundamental: Without human rights, a person’s life
And dignity would be worthless and meaningless.
Human rights are inalienable. Such as they cannot be stripped or rightfully taken
away from any free human person.
Human rights are imprescriptible. Human rights are not lost by mere passage of
time. Human rights do not prescribe even if a person fails to use or was prevented
from asserting use or was prevented from asserting them .Human rights are
indivisible, interrelated.
indivisibility of human rights is a manifestation person cannot be denied or deprived
of his or ne is an already not with standing that he or she has already enjoyed other
rights .Human rights are not piece meal rights and freedoms, hence, not capable of
being divided.
Human rights are universal. Human rights are endowed every Human being from
the moment of birth, w/o distinction or Respective of origin, sex, race, creed, political
color, status Or condition in life.
Human rights are interdependent. The fulfilment, enjoyment or exercise of a
particular right cannot be attained without the realization of the other rights.
Principle of equality. Even the law of nature made manifest this basic principle by the
fact that all human beings, male or female, are born naked & helpless.
SOURCES OF HUMAN RIGHTS
International Bill of Human Rights:
1. Universal Declaration of Human Right (UDHR)
2. International Covenant on Civil and Political Rights (ICCPR)
3. International Covenant on Economic, Social and Cultural Rights
(1CESCR)
Subsequent International HR Documents:
 1. International Covenant on the Elimination of All Forms of racial Discrimination
(ICERD)
2. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
3. Convention on the Rights of the Child (CRC)
4. Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment of Punishment (CAT)
Relevant HR Provisions of the 1987 Constitution:
1. Bill of Rights-Art. II, Sections 1-22
2. Declaration of Principles and State Policies-Art. II Sections 1-5 and 7, 9, 23
3. Social Justice and Human Rights- Art.XIII ,section 17-18
According to aspect of life:
1. Civil Rights – Right to a Name, right to nationality, rights to Marry & to Found
a Family, right Liberty & Security of person
2. Political Rights- Right to Vote, Right to Initiative Referendum, Right to
Information on Matters of Public Concern
3. Economic& Social Rights Right to Work, Right to Social Security, Right to
Property Right to Education
According to Struggle & Recognition
1. First Generation Rights Civil & Political Rights
2. Second Generation Rights Economic, Social & Cultural Rights
3. Third Generation Rights – Right to Development
Three Conditions to Justify the Suspension/
Limitation of Human Rights
It is provided for by law which is made known to every citizen, there is a state of
emergency which necessitates the urgent preservation of the public good, public
safety and public morals, and it does not exceed what is strictly necessary to achieve
Purpose.
Points to ponder:
Observance & respecting law is fundamental to good military Practice
An officer/EP cannot invoke or raise exceptional circumstances or superior orders as
a justification for unlawful behavior
Go’vt to include HR issues in curricula for training in the military
Allegations of unlawful behavior by AFP members require prompt, thorough and
impartial investigations by the government
Victims of crime & abuse of power are entitled to protection and Redress.
Absolute prohibition of torture applies equally to all arrested or detained persons.
Victims of unlawful arrest or detention have an enforceable right to compensation.
The practices and decisions taken by military officers must therefore be seen &
accepted as practices & decisions of the Government.
Military practices must be based on respect for and obedience to the laws of the
land.