SAINT JOSEPH COLLEGE OF SINDANGAN
HUMAN RIGHTS EDUCATION
The Human Rights Commission
Introduction
Human dignity plays a special part of the provision of our preamble in the 1987
Constitution. The States values the dignity of every human person and guaranteed full respect
of human rights,
The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all people to human dignity, reduce social, economic and political
inequalities, and remove cultural inequalities by equitably diffusing wealth and political power
of the common good (Sec. 11, Art, II , Philippine constitution)
Learning Outcome
At the end of the topic, the students will be able to:
1. Identify the classifications of human rights
2. Innumerate the sources of human rights
3. Discuss the Universal Declaration of Human Rights
Learning Content
Creation of the Commission on Human Rights
Classification of Human Rights
Sources of Human Rights
Universal Declaration of Human Rights
Creation of the Commission on Human Rights
The CHR was created as a response to the atrocities committed during Martial Law.
When the 1987 Philippine Constitution was drafted, Article XIII on Social Justice and Human
Rights clearly defined the creation of the Commission.
“There is hereby created an independent office called The Commission on Human Rights...
(to) investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights ...”
(Sec. 17-18, Art. XIII, Philippine Constitution)
“I, Corazon C. Aquino, President of the Philippines... do hereby (declare) the Commission on
Human Rights as provided under Article XIII of the 1987 Constitution to be now in existence...”
(Executive Order No. 163)
The 1987 Philippine Constitution primarily gave CHR the mandate to protect and promote the
rights and dignity of every human being in the country. The State values the dignity of every
human person and guarantees full respect for human rights.
(Sec. 11, Art. II, Philippine Constitution)
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 and political inequalities,
and remove cultural inequalities by equitably diffusing wealth and political power for the
common good.
(Sec. 1, Art. XIII, Philippine Constitution)
Classification of Human Rights
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- rights promulgated by legislative body
According to aspects of life
Civil rights- rights the law will enforce at instance of private individuals for purpose of
securing in them the enjoyment of happiness. Civil rights guarantee people from abuses
of State agents in the exercise of the state’s 3 inherent powers: police power, eminent
domain and power of taxation.
Political rights – are those rights which enable us to participate in running the affairs of
the government either directly or indirectly.
Economic, Social &Culture Rights- rights of people to self-determination. To pursue
economic, social and 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 be 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 the State to national
Security. Thus some individual rights are not absolute or are derogable.
Derogable or Relative Rights- maybe suspended or limited depending on
circumstances−for preservation of social life.
State obligation of human rights:
- Obligation to RESPECT: requires in the State and all organs & agents- to abstain
from doing anything that violates the integrity of individual or fringes on his/her
freedom,
- Obligation to PROTECT: Requires the State & its agents- the measures necessary
prevent other individuals or groups from violating the integrity, freedom of action. Or
the HR of the individuals.
- Obligation to FULFILL: requires the State- to take measures to ensure for each
person within its jurisdiction opportunities- to obtain satisfaction of those needs,
recognized in the human rights instrument, which cannot be secured by personal
efforts.
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 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 them. Human rights are indivisible,
interrelated.
- The indivisibility of human rights is a manifestation that a person cannot be denied or
deprived of his or her human 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, without distinction or irrespective of origin, sex, race, creed, political color, status or
condition in life.
Human rights are interdependent. The fulfillment, enjoyment or exercise of 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 Rights (UDHR)
2. International covenant on Civil and Political Rights ( ICCPR)
3. International Covenant on Economic, Social and Cultural Rights( ICESCR)
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 of the Rights of the Child (CRC)
4. Convention Against Torture and Other Cruel, Inhuman or degrading Treatment of
punishment (CAT)
Relevant HR Provision of the 1987 Constitution:
1. Bill of Rights – Art. III, Section 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. Sections 17-18
According to Aspects of Life
1. Civil Rights –Right to Name, Right to a Nationality, Right to marry and to found a
family, Rights to Liberty & Security of person.
2. Political Rights –Right to vote, Right to initiative and referendum, right to information on
matters of public concern.
3. Economic and Social rights –Right to work, Right to Social Security, Right to Education.
According to Struggle & Recognition
1. First Generation Rights –Civil & political rights
2. Second Generation Rights - Economic, Social and 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 goods, public safety and public morals
and it does not exceed what is strictly necessary to achieve its purpose.
Universal Declaration of Human Rights
The Universal
Declaration of Human Rights (UDHR) is a milestone document in the history of human rights.
Drafted by representatives with different legal and cultural backgrounds from all regions of the
world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10
December 1948 by General Assembly resolution 217 A (III) as a common standard of
achievements for all peoples and all nations. It sets out, for the first time, fundamental human
rights to be universally protected. Since its adoption in 1948, the UDHR has been translated into
more than 500 languages - the most translated document in the world - and has inspired the
constitutions of many newly independent States and many new democracies. The UDHR,
together with the International Covenant on Civil and Political Rights and its two Optional
Protocols (on the complaints procedure and on the death penalty) and the International Covenant
on Economic, Social and Cultural Rights and its Optional Protocol, form the so-
called International Bill of Human Rights.
Economic, social and cultural rights
The International Covenant on Economic, Social and Cultural Rights entered into force in 1976.
The human rights that the Covenant seeks to promote and protect include:
the right to work in just and favourable conditions;
the right to social protection, to an adequate standard of living and to the highest attainable
standards of physical and mental well-being;
the right to education and the enjoyment of benefits of cultural freedom and scientific
progress.
Civil and political rights
The International Covenant on Civil and Political Rights and its First Optional Protocol entered
into force in 1976. The Second Optional Protocol was adopted in 1989.
The Covenant deals with such rights as freedom of movement; equality before the law; the right
to a fair trial and presumption of innocence; freedom of thought, conscience and religion;
freedom of opinion and expression; peaceful assembly; freedom of association; participation in
public affairs and elections; and protection of minority rights. It prohibits arbitrary deprivation of
life; torture, cruel or degrading treatment or punishment; slavery and forced labour; arbitrary
arrest or detention; arbitrary interference with privacy; war propaganda; discrimination; and
advocacy of racial or religious hatred.
Human Rights Conventions
A series of international human rights treaties and other instruments adopted since 1945 have
expanded the body of international human rights law. They include the Convention on the
Prevention and Punishment of the Crime of Genocide (1948), the International Convention on
the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination
of All Forms of Discrimination against Women (1979), the Convention on the Rights of the
Child (1989) and the Convention on the Rights of Persons with Disabilities (2006), among
others.
Human Rights Council
The Human Rights Council, established on 15 March 2006 by the General Assembly and
reporting directly to it, replaced the 60-year-old UN Commission on Human Rights as the key
UN intergovernmental body responsible for human rights. The Council is made up of 47 State
representatives and is tasked with strengthening the promotion and protection of human rights
around the globe by addressing situations of human rights violations and making
recommendations on them, including responding to human rights emergencies.
The most innovative feature of the Human Rights Council is the Universal Periodic Review. This
unique mechanism involves a review of the human rights records of all 192 UN member states
once every four years. The Review is a cooperative, state-driven process, under the auspices of
the Council, which provides the opportunity for each state to present measures taken and
challenges to be met to improve the human rights situation in their country and to meet their
international obligations. The Review is designed to ensure universality and equality of treatment
for every country.
Assessment Task
1. What is human rights? Explain.
2. What are the state obligations to human rights?
3. What are the sources of human rights?
4. What are the relevant Human Rights Provisions of the 1987 Constitutions?
5. What are the basic principle of Human Rights?
6. What are the three conditions to justify the suspension/limitation of human rights?
7. What are the classifications of human rights?
8. What are the classifications of human rights according to aspect of life?
9. What are the classifications of human rights according to degorability?
References;
Dela Cruz JR. J.M.,Florendo A.D 2017.Understanding Human Rights & International
Humanitarian Law. Quezon City. Wiseman’s Books Trading, Inc.
Tuzon-Caday M.R. 2016. The Philippine Government and Constitution. Intramuros
Manila. Mindshapers Co., Inc
Wilmer F 2015 Human Rights in International politics. Boulder London. Lynne Riener
Publishers
http://chr.gov.ph/
https://www.equalityhumanrights.com/en/human-rights/what-are-human-rights
https://www.un.org/en/sections/issues-depth/human-rights/
