WEEK 10

Introduction to Human Rights

1. What are human rights?
 Human rights, according to the Stanford Encyclopedia of Philosophy,
refers to norms that aim to protect people from political, legal, and social
abuses.
 The United Nations (UN) defines human rights as universal and
inalienable, interdependent and indivisible, and equal and non-
discriminatory.
 Human rights are:
  Universal and inalienable. Human rights belong to all and cannot be
taken away unless specific situations call for it. However, the deprivation
of a person's right is subject to due process
 Interdependent and indivisible. Whatever happens to even one right –
fulfillment or violation – can directly affect the others
 Equal and non-discriminatory. Human rights protect all people
regardless of race, nationality, gender, religion, and political leaning, among
others. They should be respected without prejudice.
 Human rights can also be classified under individual, collective, civil,
political, economic and social, and cultural.

2. What laws or legal documents ensure the human rights of Filipino citizens?
 The rights of Filipinos can be found in Article III of the 1987 Philippine
Constitution. Also called the Bill of Rights, it includes 22 sections which
declare a Filipino citizen’s rights and privileges that the Constitution has to
protect, no matter what.
 Aside from various local laws, human rights in the Philippines are also
guided by the UN's International Bill of Human Rights – a consolidation of 3
legal documents including the Universal Declaration of Human Rights
(UDHR), the International Covenant on Civil and Political Rights
(ICCPR), and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR). As one of the signatories of these legal
documents, the Philippines is obliged to recognize and apply appropriate
laws to ensure each right’s fulfillment.

3. Who oversees the fulfillment and protection of human rights in the

Philippines?
 Human rights are both rights and obligations, according to the UN. The
state – or the government – is obliged to “respect, protect, and fulfill”
these rights.
 Respect begets commitment from state that no law should be made to
interfere or curtail the fulfillment of the stated human rights. Protecting
means that human rights violations should be prevented and if they
exist, immediate action should be made.
 In the Philippines, the Commission on Human Rights (CHR) primarily
handles the investigations of human rights violations. However, it has no
power to resolve issues as stated in the Supreme Court decision in 1991.
 Established in 1986 during the administration of President Corazon
Aquino, CHR is an independent body which ensures the protection of
human rights guaranteed by the Bill of Rights.
 Aside from investigations, it also provides assistance and legal
measures for the protection of human rights guided by Section 18
Article XIII of the Philippine Constitution.
4. Do criminals or those who break the law still enjoy human rights?
 Criminals or those in conflict with the law are still protected by rights as
indicated in many legal documents such as the Philippines’ Criminal Code
and UN’s Standard Minimum Rules for the Treatment of Prisoners.
Laws in Human Rights

A. 1987 PHILIPPINE CONSTITUTION Article III. Bill of Rights

Section 1. 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. 29
 Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or order
requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of

expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil
or political rights.

Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern

shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just

compensation. Section 10. No law impairing the obligation of contracts shall

be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of 30
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section

17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.

Section 14. (1) No person shall be held to answer for a criminal offense without
due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable.

Section 15. 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.

Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for
a crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall the death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced
to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment

against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
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 Section 20. No person shall be imprisoned for debt or non-payment of a poll
tax.

Section 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

B. Universal Declaration of Human Rights

Article 1. All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one another
in a spirit of brotherhood.

Article 2. Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property,
birth or other status. Furthermore, no distinction shall be made on the basis of
the political, jurisdictional or international status of the country or territory to
which a person belongs, whether it be independent, trust, non-self-governing
or under any other limitation of sovereignty.

Article 3. Everyone has the right to life, liberty and security of person.

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

Article 5. No one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment.

Article 6. Everyone has the right to recognition everywhere as a person before

the law.

Article 7. 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.

Article 8. 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.

Article 9. No one shall be subjected to arbitrary arrest, detention or exile.

Article 10. Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and
obligations and of any criminal charge against him.

Article 11. (1) 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. (2) 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 32
than the one that was applicable at the time the penal offence was
committed.
Article 12. 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.

Article 13.
(1) Everyone has the right to freedom of movement and residence
within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to
return to his country.

Article 14.
(1) Everyone has the right to seek and to enjoy in other countries
asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes
and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the
right to change his nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family.
They are entitled to equal rights as to marriage, during marriage and at
its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the
intending spouses.
(3) The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in

association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18. Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or belief, and
freedom, either alone or in community with others and in public or private,
to manifest his religion or belief in teaching, practice, worship and
observance.

Article 19. Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and regardless
of frontiers.

Article 20.

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(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.

(1) Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government;
this will shall be expressed in periodic and genuine elections which shall be
by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.

Article 22. Everyone, as a member of society, has the right to social security
and is entitled to realization, through national effort and international co-
operation and in accordance with the organization and resources of each
State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.

Article 23.

(1)Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
(2)Everyone, without any discrimination, has the right to equal pay for equal
work.
(3)Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.
(4)Everyone has the right to form and to join trade unions for the
protection of his interests.

Article 24. Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health
and well- being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall enjoy the
same social protection.

Article 26.

(1)Everyone has the right to education. Education shall be free, at least in

the elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to
all on the basis of merit.
(2)Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or
 religious groups, and shall further the activities of the United Nations for
the maintenance of peace.
(3)Parents have a prior right to choose the kind of education that shall be
given to their children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its
benefits.
(2) Everyone has the right to the protection of the moral and material
interests resulting from any scientific, literary or artistic production of
which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free
and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others
and of meeting the just requirements of morality, public order and the general
welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.

Article 30. Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in any activity or to perform any
act aimed at the destruction of any of the rights and freedoms set forth
herein.
UN’s Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules) •

Part I. RULES OF GENERAL APPLICATION (Rules 1 - 85)

Part I of the rules covers the general management of prisons, and is

applicable to all categories of prisoners, criminal or civil, untried or
convicted, including prisoners subject to “security measures” or corrective
measures ordered by the judge.

BASIC PRINCIPLES:

o Rule 1
All prisoners shall be treated with the respect due to their inherent
dignity and value as human beings. No prisoner shall be subjected
to, and all prisoners shall be protected from, torture and other
cruel, inhuman or degrading treatment or punishment, for which no
circumstances whatsoever may be invoked as a justification. The
safety and security of prisoners, staff, service providers and visitors
shall be ensured at all times.
o Rule 2. 35
1. The present rules shall be applied impartially. There
shall be no discrimination on the grounds of race, colour, sex,
language, religion,
 political or other opinion, national or social origin, property,
birth or any other status. The religious beliefs and moral
precepts of prisoners shall be respected.
2. In order for the principle of non-discrimination to be put into
practice, prison administrations shall take account of the
individual needs of prisoners, in particular the most
vulnerable categories in prison settings. Measures to protect
and promote the rights of prisoners with special needs are
required and shall not be regarded as discriminatory.
o Rule 3
Imprisonment and other measures that result in cutting off
persons from the outside world are afflictive by the very fact of
taking from these persons the right of self-determination by
depriving them of their liberty. Therefore the prison system shall
not, except as incidental to justifiable separation or the
maintenance of discipline, aggravate the suffering inherent in
such a situation.
o Rule 4
1. The purposes of a sentence of imprisonment or similar
measures deprivative of a person’s liberty are primarily to
protect society against crime and to reduce recidivism. Those
purposes can be achieved only if the period of imprisonment
is used to ensure, so far as possible, the reintegration of such
persons into society upon release so that they can lead a law-
abiding and self-supporting life.
2. To this end, prison administrations and other competent
authorities should offer education, vocational training and
work, as well as other forms of assistance that are appropriate
and available, including those of a remedial, moral, spiritual,
social and health- and sports-based nature. All such
programmes, activities and services should be delivered in line
with the individual treatment needs of prisoners.
o Rule 5
1. The prison regime should seek to minimize any
differences between prison life and life at liberty that tend to
lessen the responsibility of the prisoners or the respect due to
their dignity as human beings.

2. Prison administrations shall make all reasonable

accommodation and adjustments to ensure that prisoners
with physical, mental or other disabilities have full and
effective access to prison life on an equitable basis.

• Part II. RULES APPLICABLE TO SPECIAL CATEGORIES (Rules 86 -

122)
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Part II contains rules applicable only to the special categories dealt

with in each section. Nevertheless, the rules under section A, applicable
to prisoners under sentence, shall be equally applicable to categories
of prisoners dealt with in sections B, C and D, provided they do not
conflict with the rules governing those categories and are for their
benefit. o A. Prisoners under sentence
o B. Prisoners with mental disabilities and/or
health conditions o C. Prisoners under arrest or
awaiting trial o D.
Civil prisoners
o E. Persons arrested or detained without charge