GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

Human Rights
Those rights, which are inherent in our nature, and without which, we
cannot live as human beings.
Allow us to develop and use our human qualities, intelligence, talents
and conscience, and to satisfy our spiritual and other needs.
Supreme, inherent, and inalienable rights to life, dignity, and selfdevelopment.
The essence of these rights makes man human.
Basic Characteristics of Human Rights:
1. Inherent
Not granted by any person or authority
2. Fundamental
Without them, the life and dignity of man will be meaningless
3. Inalienable
Cannot be rightfully taken away from a free individual
Cannot be given away or be forfeited
4. Imprescriptible
Cannot be lost even if man fails to use or assert them, even by a
long passage of time
5. Indivisible
Not capable of being divided
Cannot be denied even when other rights have already been
enjoyed
6. Universal
Applies irrespective of ones origin, status, or condition or place
where one lives
Rights can be enforced without national border
7. Interdependent
The fulfillment or exercise of one cannot be had without the
realization of the other
Human Rights Principles:
The dignity of man and human life is inviolable. From the dignity of man
is derived the right of every person to free development of his
personality.
A legitimate state should exist to assure that in the discharge of the
governmental functions, the dignity that is the birthright of every human
being is duly safeguarded.
Classification of Rights:
According to Source
1. Natural Rights
God-given rights, acknowledged by everybody to be morally
good
Unwritten, but prevail as norms of the society
2. Constitutional Rights
Conferred and protected by the Constitution and which cannot
be modified or taken away by the law-making body
3. Statutory Rights

Those rights which are provided by law promulgated by the lawmaking body
May be abolished by the body that created them
According to Recipient
1. Individual Rights
Accorded to individuals
2. Collective Rights
Also called peoples rights or solidarity rights
Rights of the society, those that can be enjoyed only in company
with others
According to Aspect of Life
1. Civil Rights
Rights which the law will enforce at the instance of private
individuals for the purpose of securing to them the enjoyment of
their means of happiness
Partake of the nature of political rights when they are utilized as
a means to participate in the government
2. Political Rights
Rights which enable us to participate in running the affairs of the
government either directly or indirectly
3. Economic and Social Rights
Those which the law confers upon the people to enable them to
achieve social and economic development
4. Cultural Rights
Rights that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national
culture based on the principle of unity in diversity in a climate of
free artistic and intellectual expression.
5. Social Rights
Social Security

According to Struggle for Recognition

1. First Generation Rights
Civil and political rights which derives primarily from the 17 th and
18th centuries reformist theories
Conceives of human rights more in negative (freedom from)
than positive (rights to) terms
Favors the abstention rather the intervention of government in
the exercise of freedoms and in the quest for human dignity
2. Second Generation Rights
Covers economic, social, and cultural rights which find their
origin primarily in the socialist tradition
Conceives of human rights more in positive terms
Fundamental claims to social equality
3. Third Generation Rights
Covers collective rights
According to Derogability
1. Absolute or Non-Derogable Rights

Those that cannot be suspended nor taken away nor

restricted/limited even in extreme emergency and even if the
government invokes national security
2. Derogable or Can-Be-Limited Rights
May be suspended or restricted or limited depending on the
circumstances which call for the preservation of social life
Must satisfy three requirements for it to be valid:
i. It is provided for by law which is made known to every
citizen;
ii. There is a state of emergency which necessitates the
urgent preservation of the public good, public safety,
and public moral;
iii. It does not exceed what is strictly necessary to achieve
the purpose.
Categories of Human Rights
1. Fundamental Freedom in Political Rights
i. Freedom of conscience and religion
ii. Freedom of thought, belief, opinion and expression
iii. Freedom of the press and communication
iv. Freedom of association, freedom of peaceful assembly
v. Rights to privacy, reputation, and human dignity
2. Democratic Rights
Commonly exercised in a democratic state
i. Right to vote and to participate in the electoral process
ii. Right to participate in public or governmental affairs
3. Mobility Rights
National and international in character
i. Right to travel
ii. Right to return to ones country
iii. Freedom of movement within the country
4. Right to Life, Liberty, and Security of the Person
Represent the core of fundamental rights which relate to the
right to physical and personal integrity, consistent with human
dignity
i. Right to protection against political and other
extrajudicial killings, the disappearances of persons, and
torture and other cruel inhuman or degrading treatment
or punishment
5. Legal Rights
Constitute due process that can be invoked by persons accused
i. Freedom from arbitrary arrest and detention
ii. Protection against unreasonable search and seizure
iii. Right to counsel
iv. Right to fair and public trial
v. Presumption of innocence
vi. Right against self-incrimination
6. Rights of Equality
Also known as the right against discrimination

Everyone is equal before the law and is entitled to equal

protection or the equal benefit of the law
i. Protection against discrimination on the grounds of sex,
race, religion, ethnic origin, age, marital status, and
political and social condition
Economic, Social and Cultural Rights
Considered more of standards to be observed by the state
i. Right to social security, social insurance, protection and
assistance to the family
ii. Right to an adequate standard of living, adequate food,
clothing and housing
iii. Right to physical and mental health
iv. Right to education
v. Right to be part of the artistic and scientific life of the
country
Workers Rights
i. Right to association
ii. Right to organize unions
iii. Right to bargain collectively
iv. Prohibition of forced labor
v. Prohibition of employment of children
vi. Guarantee of minimum wages and other support
Aboriginal Rights
Associated with the rights of indigenous cultural tribes or
communities
Reproductive Rights
i. Right to found a family and bear children
ii. Right to gender sensitivity and the biomedical
technology
iii. Right to family planning
Protective Rights of Persons in Armed Conflicts
Provided in the international humanitarian law for the protection
of children, women and non-combatants during internal armed
conflicts
Right of Self-determination
i. Right of people to be free from colonial rule
ii. Right of people to decide their own destiny
Minority Group Rights
i. Protection of ethnic, linguistic and religious minorities

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HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN

RIGHTS
History
Human rights were asserted by the citizens against tyrannical
governments. They arose from the struggle of man against injustices of
despotic rulers.
The struggle for the respect of human rights was originally a domestic or
national issue.

The atrocities committed on masses of people during World War II have

convinced international jurists that the protection of human rights
should be an international concern.
o Respect for human rights mainly concerns individuals without
distinction as to nationality or citizenship.
o Violation of human rights are offenses without borders.
Theories of Sources of Rights:
1. Religious/Theological Approach
o A basis of human rights theory stemming from a law higher than
the state and whose source is the Supreme Being.

Human rights are not concessions granted by human

institutions or states, or any international organization as
they are God-given rights.
o Central to the doctrines of all religions is the concept of dignity
of man as a consequence of human rights.
o The divine source gives human beings a high value of worth.
o The belief of a universal common creation means a common
humanity and consequently universal, basic and fundamental
rights. And since rights come from a divine source, they are
inalienable and cannot be denied by mortal beings.
o Criticism: Some religions impose so many restrictions on
individual freedom; some religions even tolerate slavery,
discrimination against women, and imposition of the death
penalty
2. Natural Law Theory
o Originated from the Stoics and elaborated by Greek philosophers
and later by ancient Roman law jurists.
o Perceives that the conduct of men must always conform to the
law of nature.
o Natural law embodies those elementary principles of justice
which were right reason, i.e., in accordance with nature,
unalterable, eternal.
o Philosophers:

Thomas Aquinas considered natural law as the law of

right reason in accordance with the law of God,
commonly known as the scholastic natural law

Hugo Grotius the natural characteristics of human

beings are the social impulse to live peacefully and in
harmony with others whatever conformed to the nature
of men as natural human beings was right and just;
whatever is disturbing to social harmony is wrong and
unjust

John Locke envisioned human beings in a state of

nature, where they enjoyed life, liberty and property
which are deemed natural rights
o Became the basis of the natural rights of man against
oppressive rulers

Nuremberg Trials rationale for finding the Nazis guilty: the

crimes committed were offenses against humanity and there is
no need of a law penalizing the acts
Positivist Theory/Legal Positivism
o All rights and authority come from the state and what officials
have promulgated.
o The only law is what is commanded by the sovereign.
o The source of human rights is to be found only in the enactment
of a law with sanctions attached.
o A right is enjoyed only if it is recognized and protected by
legislation promulgated by the state.
Historical Theory
o Advocates that human rights are not deliberate creation or the
effort of man but they have already existed through the common
consciousness of the people of what is right and just.
o Human rights exist through gradual, spontaneous and
evolutionary process without any arbitrary will of any authority.
Theory of Marxism
o Emphasizes the interest of society over an individual mans
interest. Individual freedom is recognized only after the interest
of society is served.
o Concerned with economic and social rights over civil or political
rights of community.
o Referred to as parental with the political body providing the
guidance in value choice. But the true choice is the government
set by the state
Functional/Sociological Approach
o Human rights exist as a means of social control, to serve the
social interests of society.
o Lays emphasis of obtaining a just equilibrium of multifarious
interests among prevailing moral sentiments and the social and
economic conditions of the time and place.
Utilitarian Theory
o Seeks to define the notion of rights in terms of tendencies to
promote specified ends such as common good.
o Every human decision was motivated by some calculation of
pleasure and pain. The goal is to promote the greatest happiness
of the greatest number.
o Everyone is counted equally, but not treated equally.
o Requires the government to maximize the total net sum of
citizens.
o An individual cannot be more important than the entire group. A
man cannot simply live alone in disregard of his impulse to
society.
o The composite society of which the individual is a unit has on its
own wants, claims and demands. An act is good only when it
takes into consideration the interests of the society and tends to
augment the happiness of the entire community.
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Theory Based on Dignity of Man/Policy Science Approach

o Human rights means sharing values of all identified policies
upon which human rights depend on.
o The most important values are respect, power, knowledge,
health, and security.
o The ultimate goal of this theory is a world community where
there is democratic sharing and distribution of values.
o All available resources are utilized to the maximum and the
protection of human dignity is recognized.
9. Theories of Justice
o Each person possesses inviolability founded on justice.
o The rights secured for justice are not subject to political
bargaining or to social interests.
o Each person has equal rights to the whole system of liberties.
There is no justice in a community where there are social and
economic inequalities.
o The general conception of justice is one of fairness and those
social primary goods such as opportunity, income and wealth
and self-respect are to be distributed equally.
10. Theory Based on Equality and Respect of Human Dignity
o The recognition of individual rights in the enjoyment of the basic
freedoms such as freedom of speech, religion, assembly, fair
trial and access to courts.
o Governments must treat all their citizens equally. For this
purpose, the government must intervene in order to advance
general welfare.
Origin of Human Rights in the Philippines
20 June 1899 Malolos Constitution: contained several provisions on civil and
political rights
1902 Philippine Bill of 1902
1916 Philippine Autonomy Act of 1916/Jones Law
1934 Philippine Independence Act of 1934/Tydings-McDuffee Law
1935 First Philippine Constitution: contained Bill of Rights
1973 Second Philippine Constitution
1983 Present Philippine Constitution
From 1942 to 1944, the Filipinos were temporarily deprived of the
enjoyment of the civil and political rights during the military rule of
Japan. But these were immediately restored in 1945.
The Filipinos were again subjected to violation of human rights during
the authoritarian rule of President Marcos, which was terminated during
the February 1986 revolution.
Human Rights Instruments to which The Philippines is a Signatory:
1. International Covenant of Economic, Social and Cultural Rights (7 June
1974)
2. International Covenant on Civil and Political Rights (23 October 1986)
3. Optional Protocol International Covenant on Civil and Political Rights (22
August 1989)
4. International Convention on the Elimination of All Forms of Racial
Discrimination (15 September 1976)

5.

International Convention on the Suppression and Punishment of the

Crime of Apartheid (27 July 1987)
6. International Convention against Apartheid (27 July 1987)
7. International Convention on the Elimination of All Forms of
Discrimination Against Women (5 August 1981)
8. Convention on the Political Rights of Women (12 September 1957)
9. Convention on the Rights of the Child (21 August 1990)
10. Slavery Convention of 1926 (12 July 1955)
11. Protocol Amending the Slavery Convention (17 November 1965)
12. Supplementary Convention on the Abolition of Slavery, the Slave Trade
and Institutions and Practices (17 November 1965)
13. Convention on the Suppression of the Trafficking of Persons and the
Exploitation of Others (19 September 1952)
14. Convention against Torture and other Cruel, Inhuman, or Degrading
Treatment or Punishment (18 June 1986)
15. The Convention on the Consent to Marriage, Minimum Age for Marriage
and Registration of Marriage (21 January 1965)
16. International Convention on the Protection of All Migrant Workers and
Members of their Families (13 November 1993)
17. Convention on the Nationality of Married Women
18. Convention on the Status of Stateless Persons (22 June 1955)
19. Convention Relating to the Status of Refugees (22 July 1981)
20. Convention on the Prevention and the Punishment of the Crime of
Genocide (7 July 1950)
21. Convention on Non-applicability of Statutory Limitation on War Crimes
and Crimes Against Humanity (15 May 1973)
22. Protocol Additional to the Geneva Convention of 12 August 1949,
Relating to the Protection of Victims of Non-International Armed Conflicts
(Protocol II) (11 July 1987)
The Philippine Commission on Human Rights
Creation: Mandated by the 1987 Constitution; formally constituted by President
Aquinos Executive Order No. 163
Composition and Qualifications: One Chairman and four Members, who must be
natural-born citizens of the Philippines and a majority of whom shall be
members of the Bar (Section 17, Art. XIII, 1987 Constitution)
Powers and Functions: (Section 18, Art. XIII, 1987 Constitution)
(1) Investigate, on its own or on complaint by any party, all forms of
human rights violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights
of all persons within the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures and legal aid services to
the under-privileged whose human rights have been violated or need
protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information
to enhance respect for the primacy of human rights;

(6) Recommend to Congress effective measures to promote human rights

and to provide for compensation to victims of violations of human
rights, or their families;
(7) Monitor the Philippine Governments compliance with international
treaty obligations on human rights;
(8) Grant immunity from prosecution to any person whose testimony or
whose possession of documents or other evidence is necessary or
convenient to determine the truth in any investigation conducted by it
or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in
the performance of its functions;
(10)
Appoint its officers and employees in accordance with law; and
(11)
Perform such other duties and functions as may be provided by
law.
Cario v. Commission on Human Rights, 204 SCRA 483
Facts:
For joining the concerted mass actions of public teachers and for failure
to heed the return-to-work order issued by DECS Secretary Cario, eight
teachers from the Ramon Magsaysay High School, namely Graciano Budoy,
Julieta Babaran, Elsa Ibabao, Helen Lupo, Amparo Gonzales, Luz del Castillo, Elsa
Reyes and Apolinario Esber were administratively charged, preventively
suspended for 90 days, and temporarily replaced. The said eight teachers, led
by their counsel, subsequently staged a walkout signifying their intent to boycott
the proceedings. Thereafter, Secretary Cario rendered a decision ordering the
dismissal from service of Esber, and the 9-month suspensions of Babaran,
Budoy, and del Castillo. The eight teachers then complained to the Commission
on Human Rights on the ground that they were denied due process. Secretary
Cario filed a motion to dismiss with the CHR on the ground that the CHR had no
jurisdiction over the case.
Issue and Ruling:

1.

W/N the CHR has the power under the Constitution to try and decide, or
hear and determine, certain specific type of cases, like alleged human
rights violations involving civil or political rights.
NO. The CHR was not meant by the Constitution to be another court or
quasi-judicial agency in this country. The most that may be conceded to the CHR
in the way of adjudicative power is that it may investigate, i.e., receive evidence
and make findings of fact as regards claimed human rights violations involving
civil and political rights. Fact finding is not adjudication, and cannot be likened to
the judicial function of a court of justice, or even a quasi-judicial agency or
official. The function of receiving evidence and ascertaining therefrom the facts
of a controversy is not a judicial function, properly speaking. To be considered
such, the faculty of receiving evidence and making factual conclusions in a
controversy must be accompanied by the authority of applying the law to those
factual conclusions to the end that the controversy may be decided or
determined authoritatively, finally and definitively, subject to such appeals or
modes of review as may be provided by law. This function, to repeat, the
Commission does not have.
The Constitution clearly and categorically grants to the CHR the power
to investigate all forms of human rights violations involving civil and political
rights. It can exercise that power on its own initiative or complaint of any person.
It may exercise that power pursuant to such rules of procedure as it may adopt
and, in cases of violations of said rules, cite for contempt in accordance with the
Rules of Court. In the course of any investigation conducted by it or under its
authority, it may grant immunity from prosecution to any person whose
testimony or whose possession of documents or other evidence is necessary or
convenient to determine the truth. It may also request the assistance of any
department, bureau, office, or agency in the performance of its functions, in the
conduct of its investigation or in extending such remedy as may be required by
its findings. But it cannot try and decide cases (or hear and determine causes)
as courts of justice, or even quasi-judicial bodies do. To investigate is not to
adjudicate or adjudge. Whether in the popular or in the technical sense, these
terms have well understood and quite distinct meanings.