Human Rights Education

HUMAN RIGHTS, defined. freedom from torture and from punishment without
Human rights are rights inherent to all human beings, trial. The Bill sets out that it is the job of government to
regardless of race, sex, nationality, ethnicity, language, represent the people and their rights.
religion, or any other status. Human rights include the 1945 - The United Nations is created ‘to affirm the
right to life and liberty, freedom from slavery and dignity and worth of every human person’
torture, freedom of opinion and expression, the right to
work and education, and many more. Everyone is 1948 - The United Nations adopts the Universal
entitled to these rights, without discrimination. Declaration of Human Rights.

HISTORY OF HUMAN RIGHTS SPREAD OF HUMAN RIGHTS

1760 BCE - In Babylon King Hammurabi draws up the From Babylon, the idea of human rights spread
‘Code of Hammurabi’, an early legal document that quickly to India, Greece and eventually Rome. There the
promises to ‘make justice reign in the Kingdom and concept of “natural law” arose, in observation of the
promote the good of the people’ fact that people tended to follow certain unwritten laws
in the course of life, and Roman law was based on
539 B.C. - Armies of Cyrus the great conquered the city rational ideas derived from the nature of things.
of Babylon. He freed the slaves, declared that all people
had the right to choose their own religion, established Documents asserting individual rights, such as
racial equality. Cyrus Cylinder was then made, a baked- the Magna Carta (1215), the Petition of Right (1628),
clay cylinder in Akkadian Languange. the US Constitution (1787), the French Declaration of
the Rights of Man and of the Citizen (1789), and the US
Cyrus Cylinder - recognized as the world’s first Bill of Rights (1791) are the written precursors to many
charter of human rights. of today’s human rights documents.
27 BCE - 476 CE - Roman Empire develops the concepts
of natural law and the rights of citizens.
26 - 33 CE - In Palestine, Jesus Christ preaches morality,
tolerance, justice, forgiveness and love. The Christian GENERATION OF HUMAN RIGHTS
New Testament teaches equality before God: 'In Christ First Generation - sometimes called "blue rights", deal
there is neither Jew nor Greek, slave nor free, male nor essentially with liberty and participation in political life.
female' They are fundamentally civil and political in nature.
1215 - Britain's King John is forced by his lords to sign They serve negatively to protect the individual from
the Magna Carta, acknowledging that free men are excesses of the state. First-generation rights include,
entitled to judgment by their peers and that even a King among other things, the right to life, equality before the
is not above the law. It also stated that taxes could not law, freedom of speech, freedom of religion, property
be demanded without first obtaining the consent of ‘the rights, the right to a fair trial, and voting rights.
realm’. Second Generation – sometimes referred to as “red
1583 – 1645 - Hugo Grotius, Dutch jurist credited with rights”, are related to equality and began to be
the birth of international law, speaks of brotherhood of recognized by governments after World War II. They are
humankind and the need to treat all people fairly. fundamentally economic, social, and cultural in nature.
They guarantee different members of the citizenry
1689 - In England, Parliament adopts the Bill of Rights
equal conditions and treatment. Secondary rights would
that curtails the power of the monarch and includes
“Ugaliing manghila pababa”
 Ayaw ko na
include a right to be employed in just and favorable STAGES OF HUMAN RIGHTS
condition, rights to food, housing and health care, as Idealization – notions about human rights have started
well as social security and unemployment benefits. They in the realm of ideas that reflect a consciousness
impose upon the government the duty to respect and against oppression, dehumanization or inadequate
promote and fulfill them, but this depends on the performance by the State.
availability of resources. The duty is imposed on the Positivization - support for the ideas became strong
state because it controls its own resources. and the stage is set to incorporate them into some legal
Third Generation – Also known as “Solidarity Rights”. instruments, whether domestic law or international
Third-generation human rights are those rights that go law.
beyond the mere civil and social. They are rights that try Realization - stage where these rights are enjoyed by
to go beyond the framework of individual rights to focus the citizens of the State by the transformation of the
on collective concepts, such as community or people. social, economic, and political order.
Includes Right to Self-Determination, Right to Economic
and Healthy Social Development, Right to a Healthy
Environment, etc.
OBLIGATIONS OF STATE ON HUMAN RIGHTS
Respect - State must refrain from interfering with or
curtailing the enjoyment of human rights.
COMPONENTS OF HUMAN RIGHTS Protect - requires State to protect individuals and
Subject/Right Holders - individuals or social groups that groups against human rights abuses.
have particular entitlements in relation to specific duty- Fulfill - State must take positive action to facilitate the
bearers. enjoyment of basic human rights.
Duty Holder (State, Law Enforcement) -An entity,
normally a State that is obliged to respect, to ensure
KEY INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
and to protect the subject's rights or demands. In
human rights, States are considered a duty-holders UNIVERSAL DECLARATION OF HUMAN RIGHTS
rather than subjects though in international law the role Article 1 – Right to Equality
of States as subjects is recognized as incontestable. All human beings are born free and equal in dignity and
Object - the content of any given right and any duty of rights. They are endowed with reason and conscience
the holder of the right and the holder of the obligation. and should act towards one another in a spirit of
This right and this duty are the human values and needs brotherhood.
which are found in human rights rules and norms. Article 2 – Freedom from Discrimination
Implementation - a set of measures, approaches, and Everyone is entitled to all the rights and freedoms set
initiatives designed to realize the right concerned. This forth in this Declaration, without distinction of any kind,
includes laws, administrative measures, legal writs and such as race, color, sex, language, religion, political or
mechanisms adapted by the three branches of the other opinion, national or social origin, property, birth
government, namely, Congress, Executive, and or other status. Furthermore, no distinction shall be
Judiciary. 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.

“Bakit ka lalaban nang patas kung pwede ka namang manduga?”

 Ayaw ko na
Article 3 – Right to Life, Liberty and Personal Security the time when it was committed. Nor shall a heavier
Everyone has the right to life, liberty and security of penalty be imposed than the one that was applicable at
person. the time the penal offence was committed.
Article 4 – Freedom from Slavery Article 12 – Freedom from Interference with Privacy,
No one shall be held in slavery or servitude; slavery and Family, Home and Correspondence
the slave trade shall be prohibited in all their forms. No one shall be subjected to arbitrary interference with
Article 5 – Freedom from Torture and Degrading his privacy, family, home or correspondence, nor to
Treatment attacks upon his honour and reputation. Everyone has
No one shall be subjected to torture or to cruel, the right to the protection of the law against such
inhuman or degrading treatment or punishment. interference or attacks.
Article 6 – Right to Recognition as a person before the Article 13 - Right to Free Movement In and Out of the
Law Country
Everyone has the right to recognition everywhere as a - Everyone has the right to freedom of movement and
person before the law. residence within the borders of each state.
- Everyone has the right to freedom of movement and
Article 7 – Right to Equality Before the Law
residence within the borders of each state.
All are equal before the law and are entitled without
Article 14 – Right to Asylum in other Countries from
any discrimination to equal protection of the law. All
Persecution
are entitled to equal protection against any
- Everyone has the right to seek and to enjoy in other
discrimination in violation of this Declaration and
countries asylum from persecution.
against any incitement to such discrimination.
- This right may not be invoked in the case of
Article 8 – Right to Remedy by Competent Tribunal
prosecutions genuinely arising from non-political crimes
Everyone has the right to an effective remedy by the
or from acts contrary to the purposes and principles of
competent national tribunals for acts violating the
the United Nations.
fundamental rights granted him by the constitution or
Article 15 – Right to a Nationality and the Freedom to
by law.
Change It
Article 9 – Freedom from Arbitrary Arrest and Exile
- Everyone has the right to a nationality.
No one shall be subjected to arbitrary arrest, detention
- No one shall be arbitrarily deprived of his nationality
or exile.
nor denied the right to change his nationality.
Article 10 – Right to Fair Public Hearing
Article 16 – Right to Marriage and Family
Everyone is entitled in full equality to a fair and public
- Men and women of full age, without any limitation
hearing by an independent and impartial tribunal, in the
due to race, nationality or religion, have the right to
determination of his rights and obligations and of any
marry and to found a family. They are entitled to equal
criminal charge against him.
rights as to marriage, during marriage and at its
Article 11 – Right to be Considered Innocent until dissolution.
Proven Guilty - Marriage shall be entered into only with the free and
-Everyone charged with a penal offence has the right to full consent of the intending spouses.
be presumed innocent until proved guilty according to - The family is the natural and fundamental group unit
law in a public trial at which he has had all the of society and is entitled to protection by society and
guarantees necessary for his defence. the State.
- No one shall be held guilty of any penal offence on
Article 17 – Right to Own Property
account of any act or omission which did not constitute
- Everyone has the right to own property alone as well
a penal offence, under national or international law, at
as in association with others.
“Bakit ka lalaban nang patas kung pwede ka namang manduga?”
 Ayaw ko na
- No one shall be arbitrarily deprived of his property. and to protection against unemployment.
Article 18 – Freedom of Belief and Religion - Everyone, without any discrimination, has the right to
Everyone has the right to freedom of thought, equal pay for equal work.
conscience and religion; this right includes freedom to - Everyone who works has the right to just and
change his religion or belief, and freedom, either alone favourable remuneration ensuring for himself and his
or in community with others and in public or private, to family an existence worthy of human dignity, and
manifest his religion or belief in teaching, practice, supplemented, if necessary, by other means of social
worship and observance. protection.
- Everyone has the right to form and to join trade
Article 19 – Freedom of Opinion and Information
unions for the protection of his interests.
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions Article 24 – Right to Rest and Leisure
without interference and to seek, receive and impart Everyone has the right to rest and leisure, including
information and ideas through any media and reasonable limitation of working hours and periodic
regardless of frontiers. holidays with pay.
Article 20 – Right of Peaceful Assembly and Article 25 – Right to Adequate Living Standard
Association - Everyone has the right to a standard of living
- Everyone has the right to freedom of peaceful adequate for the health and well-being of himself and
assembly and association. of his family, including food, clothing, housing and
- No one may be compelled to belong to an association. medical care and necessary social services, and the right
to security in the event of unemployment, sickness,
Article 21 – Right to Participate in Government and in
disability, widowhood, old age or other lack of
Free Elections
livelihood in circumstances beyond his control.
- Everyone has the right to take part in the government
- Motherhood and childhood are entitled to special care
of his country, directly or through freely chosen
and assistance. All children, whether born in or out of
representatives.
wedlock, shall enjoy the same social protection.
- Everyone has the right of equal access to public service
in his country. Article 26 – Right to Education
- The will of the people shall be the basis of the - Everyone has the right to education. Education shall
authority of government; this will shall be expressed in be free, at least in the elementary and fundamental
periodic and genuine elections which shall be by stages. Elementary education shall be compulsory.
universal and equal suffrage and shall be held by secret Technical and professional education shall be made
vote or by equivalent free voting procedures. generally available and higher education shall be
equally accessible to all on the basis of merit.
Article 22 – Right to Social Security
- Education shall be directed to the full development of
Everyone, as a member of society, has the right to
the human personality and to the strengthening of
social security and is entitled to realization, through
respect for human rights and fundamental freedoms. It
national effort and international co-operation and in
shall promote understanding, tolerance and friendship
accordance with the organization and resources of each
among all nations, racial or religious groups, and shall
State, of the economic, social and cultural rights
further the activities of the United Nations for the
indispensable for his dignity and the free development
maintenance of peace.
of his personality.
- Parents have a prior right to choose the kind of
Article 23 – Right to Desirable Work and to Join Trade
education that shall be given to their children.
Unions
Article 27 – Right to Participate in the Cultural Life of
- Everyone has the right to work, to free choice of
Community
employment, to just and favourable conditions of work
“Bakit ka lalaban nang patas kung pwede ka namang manduga?”
 Ayaw ko na
- Everyone has the right freely to participate in the - Right to life
cultural life of the community, to enjoy the arts and to - Freedom from torture
share in scientific advancement and its benefits.
- Everyone has the right to the protection of the moral - Freedom from slavery
and material interests resulting from any scientific, - Right to liberty and security of a person
literary or artistic production of which he is the author. - Right to be treated with humanity in detention
Article 28 – Right to a Social Order that Articulates this
- Freedom of movement
Document
Everyone is entitled to a social and international order - Freedom of non-citizens from arbitrary expulsion
in which the rights and freedoms set forth in this - Right to fair trial
Declaration can be fully realized.
- Right to recognition before the law
Article 29 – Community Duties Essential to Free and
- Right to privacy
Full Development
- Everyone has duties to the community in which alone - Freedom of thought, conscience and religion.
the free and full development of his personality is - Freedom of opinion and expression.
possible.
- Prohibition of propaganda advocating war or national,
- In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are racial or religious hatred
determined by law solely for the purpose of securing - Right to peaceful assembly
due recognition and respect for the rights and freedoms
- Right to freedom of association
of others and of meeting the just requirements of
morality, public order and the general welfare in a - Right to marry and found a family
democratic society. - Rights for children
- These rights and freedoms may in no case be exercised
- Right to participate in the conduct of public affairs, to
contrary to the purposes and principles of the United
Nations. vote and to be elected and access to public service.

Article 30 – Freedom from State or Personal - Right to equality before the law and equal protection
Interference in the above Rights - Right, for members of religious, ethnic or linguistic
Nothing in this Declaration may be interpreted as
minorities, to enjoy their culture, practice their religion
implying for any State, group or person any right to
engage in any activity or to perform any act aimed at and use their language
the destruction of any of the rights and freedoms set
forth herein.

THE INTERNATIONAL BILL OF HUMAN RIGHTS:

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL - Universal Declaration of Human Rights (UDHR) - 1948
RIGHTS (ICCPR) - International Covenant on Civil and Political Rights
Included: (ICCPR) - 1966
-Right to self-determination - International Covenant on Economic, Social and
- Freedom from discrimination Cultural Rights (ICESCR) - 1966
- Right to equality between men and women - Convention Against Torture and Other Cruel, Inhuman

“Bakit ka lalaban nang patas kung pwede ka namang manduga?”

 Ayaw ko na
or Degrading Treatment or Punishment
- Standard Minimum Rules for the Treatment of
Prisoners (Nelson Mandela Rules) HUMAN RIGHTS IN PHILIPPINE CONTEXT
- Convention on the Rights of Child (CRC) - Article 37, State Policy - “the State values the dignity of every
39, 40, and 42 Human person and guarantees full respect for human
- United Nations Standard Minimum Rules for the rights.” Furthermore, Article 2, Section 15 of the
Administration of Juvenile Justice (Beijing Rules) Constitution also mandates that “the State shall protect
- United Nations Guidelines for the Prevention of and promote the right to health of the people and instill
Juvenile Delinquency (Riyadh Guidelines) consciousness among them.”
- United Nations Rules for the Protection of Juveniles
Deprived of their Liberty (Havana Rules) Philippine Commission on Human Rights – established
- Vienna Guidelines for Action on Children in the under Section 13, Article 17-19 of the 1987
Constitution.
Criminal Justice System

Philippine Commission on Human Rights

-composed of a Chairman and four Members who must
HUMAN RIGHTS IN 1987 CONSTITUTION
be natural-born citizens of the Philippines and a
1987 Constitution - "The State values the dignity of
majority of whom shall be members of the Bar. The
every human person and guarantees full respect for
term of office and other qualifications and disabilities of
human rights." [Article II, Sec. 11]
the Members of the Commission shall be provided by
law.
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE
-Until this Commission is constituted, the existing
POLICIES
Presidential Committee on Human Rights shall continue
Section 2 - The Philippines renounces war as an
to exercise its present functions and powers.
instrument of national policy, adopts the generally
-The approved annual appropriations of the
accepted principles of international law as part of the
Commission shall be automatically and regularly
law of the land and adheres to the policy of peace,
released.
equality, justice, freedom, cooperation, and amity with
all nations.
Powers/Duty/Function
-Investigate all forms of human rights violations
ARTICLE III – BILL OF RIGHTS
involving civil and political rights;
Section 1 - No person shall be deprived of life, liberty,
-Adopt its operational guidelines and rules of
or property without due process of law, nor shall any
procedure, and cite for contempt for violations thereof
person be denied the equal protection of the laws.
in accordance with the Rules of Court
“Bakit ka lalaban nang patas kung pwede ka namang manduga?”
 Ayaw ko na
-Provide appropriate legal measures for the protection those rights against infringement from public officials
of human rights of all persons within the Philippines, as and private citizens. Bills of rights may be entrenched or
well as Filipinos residing abroad, and provide for unentrenched.
preventive measures and legal aid services to the BILL OF RIGHTS
underprivileged whose human rights have been violated Section 1. No person shall be deprived of life, liberty, or
or need protection. property without due process of law, nor shall any
person be denied the equal protection of the laws.
-Exercise visitorial powers over jails, prisons, or
detention facilities.
Section 2. The right of the people to be secure in their
-Establish a continuing program of research, education, persons, houses, papers, and effects against
and information to enhance respect for the primacy of unreasonable searches and seizures of whatever nature
human rights. and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
-Recommend to Congress effective measures to
probable cause to be determined personally by the
promote human rights and to provide for compensation judge after examination under oath or affirmation of
to victims of violations of human rights, or their the complainant and the witnesses he may produce,
families. and particularly describing the place to be searched and
the persons or things to be seized.
-Monitor the Philippine Government’s compliance with
international treaty obligations on human rights
Section 3. (1) The privacy of communication and
-Grant immunity from prosecution to any person
correspondence shall be inviolable except upon lawful
whose testimony or whose possession of documents or order of the court, or when public safety or order
other evidence is necessary or convenient to determine requires otherwise, as prescribed by law.

the truth in any investigation conducted by it or under (2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for any
its authority.
purpose in any proceeding.
-Request the assistance of any department, bureau,
office, or agency in the performance of its functions.
Section 4. No law shall be passed abridging the freedom
-appoint its officers and employees in accordance with of speech, of expression, or of the press, or the right of
law the people peaceably to assemble and petition the
government for redress of grievances.
Sec 17 Article 20 - the Commission of Human Rights is
mandated to investigate all forms of human rights
Section 5. No law shall be made respecting an
violation involving Civil and Political rights.
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
BILL OF RIGHTS - is a list of the most important rights to shall be required for the exercise of civil or political
the citizens of a country. The purpose is to protect rights.

“Bakit ka lalaban nang patas kung pwede ka namang manduga?”

 Ayaw ko na
(2) No torture, force, violence, threat,
Section 6. The liberty of abode and of changing the intimidation, or any other means which vitiate the free
same within the limits prescribed by law shall not be will shall be used against him. Secret detention places,
impaired except upon lawful order of the court. Neither solitary, incommunicado, or other similar forms of
shall the right to travel be impaired except in the detention are prohibited.
interest of national security, public safety, or public (3) Any confession or admission obtained in
health, as may be provided by law. violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

Section 7. The right of the people to information on (4) The law shall provide for penal and civil
matters of public concern shall be recognized. Access to sanctions for violations of this section as well as
official records, and to documents and papers compensation to and rehabilitation of victims of torture
pertaining to official acts, transactions, or decisions, as or similar practices, and their families.
well as to government research data used as basis for
policy development, shall be afforded the citizen, Section 13. All persons, except those charged with
subject to such limitations as may be provided by law. offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be
Section 8. The right of the people, including those bailable by sufficient sureties, or be released on
employed in the public and private sectors, to form recognizance as may be provided by law. The right to
unions, associations, or societies for purposes not bail shall not be impaired even when the privilege of the
contrary to law shall not be abridged. writ of habeas corpus is suspended. Excessive bail shall
not be required.

Section 9. Private property shall not be taken for public

use without just compensation. 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
Section 10. No law impairing the obligation of contracts shall be presumed innocent until the contrary is proved,
shall be passed. and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the
Section 11. Free access to the courts and quasi-judicial accusation against him, to have a speedy, impartial, and
bodies and adequate legal assistance shall not be public trial, to meet the witnesses face to face, and to
denied to any person by reason of poverty. have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
Section 12. (1) Any person under investigation for the notwithstanding the absence of the accused provided
commission of an offense shall have the right to be that he has been duly notified and his failure to appear
informed of his right to remain silent and to have is unjustifiable.
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 Section 15. The privilege of the writ of habeas corpus
cannot be waived except in writing and in the presence shall not be suspended except in cases of invasion or
of counsel. rebellion when the public safety requires it.

“Bakit ka lalaban nang patas kung pwede ka namang manduga?”

 Ayaw ko na
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.

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.

“Bakit ka lalaban nang patas kung pwede ka namang manduga?”