Prelim_CLJ2_Human_Rights_Education.ppt

1
CLJ 2, HUMAN
RIGHTS
EDUCATION

2
Course Outline
I. Fundamental Concepts And Principles Of
Human Rights
II. Freedom versus Human Rights
III. The State/Government, its Police Power, and
Human Rights
IV. State and Non-State actors on Human Rights
V. Universal Declaration of Human Rights
VI. Human Rights Legal Framework in the
Philippines
VII.Bill of Rights and Constitutional Rights

3
Course Outline
VIII.Statutory Rights
IX. The UN and International Conventions on
Rights of Prisoners of War, and In Conflict
Areas
X. Human Rights and Municipal Courts of Law,
and the International Criminal Court and the
International Court of Justice

BACKGROUND
“Education takes on the status
of a human right because it is
integral to and enhances
human dignity through its
fruits of knowledge, wisdom
and understanding.”

BACKGROUND
The teaching of human
rights in Philippine schools
is mandated by Article II of
the 1987 Philippine
Constitution which states
that all educational
institutions shall inculcate
patriotism and nationalism,
foster love of humanity and
respect for human rights.

BACKGROUND
The United Nations General
Assembly (UNGA)
proclaimed the
commencement of the
World Programme for
Human Rights Education
on January 1, 2005,
following the UN Decade
for Human Rights
Education in 1995-2004.

BACKGROUND
Pursuant to that, the
Commission on Human
Rights (CHR) of the
Philippines issued
Resolution Nos. A2007-028
and A2007- 029 urging the
Commission on Higher
Education and law schools
in the Philippines to offer
Human Rights in the
Philippine Law curriculum.

BACKGROUND
Without a doubt, the most
effective tool against,
human rights abuse is
education: it makes a
person less likely to commit
human rights violations,
and less likely to become a
victim either.

BACKGROUND
As stated in International
Journal on Human Rights,
“Education takes on the
status of a human right
because it is integral to
and enhances human
dignity through its fruits of
knowledge, wisdom and
understanding.”

OBJECTIVES
Human Rights education aims to:
1. Enhance the knowledge and
understanding of human rights.
2. Foster attitudes of tolerance, respect,
solidarity, and responsibility.
3. Develop awareness of how human
rights can be translated into social
and political reality.
4. Develop skills for protecting human
rights

What is Human Rights?
“Human rights are
those rights which are
inherent in our nature
and without which we
cannot live as human
beings”
-United Nations

“Human Rights are the
aggregate of privileges,
claims, benefits,
entitlements, and moral
guarantees that pertain to
man because of his
humanity.”
-Rene V. Sarmiento

Chilean lawyer Jose
Zalaquett wrote that
“human rights are
regarded as a system of
values or elements which
are inherent to human
dignity.”

It is also defined as "legal
and moral entitlements that
have evolved as a basis for
constructing how state power
is used and particularly to
limit its use against the rights
of citizens"
Wahiu, 2011

“The human person
possesses rights because of
the very fact that it is a
person, a whole, master of
itself, and of its acts, and
which consequently is not
merely a means to an end,
but an end which must be
treated as such”
French philosopher
Jean Jacques
Maritain

“Any human society, if it is to be well-
ordered and productive, must lay
down as a foundation, this principle,
namely, that every human being is a
person, that is, his nature is endowed
with intelligence and full will. By virtue
of this, he has rights and duties,
flowing directly and simultaneously
from his very nature..” - Pope John
XXIII, Pacem In Terris

Human rights lawyer and
civil libertarian Jose W.
Diokno said in 1981 that
“no cause is more
worthy than the cause of
human rights” and “they
are what make man
human”

The term “human rights”
refers, in its broadest
sense, to those rights,
natural and inherited in
nature, necessary to life,
liberty, dignity and self-
development, which
cannot be denied to a
human being.

Further, “human rights” is
the “supreme, inherent,
inalienable rights to life, to
dignity and to self-
development. It is the
essence of these rights
that makes man human.”

Other advocates...
Confucian – “Thou shall not do to others, what you
do not want others do unto you”.
Koran 5:2 states that “who so slays a soul not to
retaliate for a soul slain, nor for corruption done in the
land, shall be us if he had slain mankind altogether.
Koran 2:84 requires that “Ye shall not shed your
brother’s blood, nor dispossess one another of your
habitations.”

Other advocates...
Amos 5:24 commands “let justice flow like a stream, and
righteousness like water that never goes dry.”
Isaiah 61:1-3 instructs us “to bring good news to the poor,”
“to heal the broken hearted,” and “to announce release to
captives.”
Matthew 26:35 reminds us that one who is blessed by God
and one who will inherit the Kingdom is he or she who gives
food to the hungry, drink to the thirsty, clothing to the naked,
care to the ill and visitation to those in prison.

Other advocates...
Luke 1:46 is the Canticle of Mary and it speaks of the Mighty One
who has dispersed the arrogant mind and heart, thrown down the
rulers from their thrones but lifted up the humble and filled the
hungry with good things.
In the “Our Father” the prayer taught by Jesus Christ, we are told
about the Father of all who gives food (material/spiritual bread, etc.)
to His children.

Classification of Human Rights
According to Source:
1. Natural or Moral Rights – God given rights,
acknowledged morally good.
2. Legal rights
• Constitutional rights – Guaranteed in bill of rights of the
Constitution.
• Statutory rights – Rights promulgated by legislative body.

According to Aspect of Life:
1. Civil Rights – Rights the law will enforce at instance of private
individuals for purpose of securing to them the enjoyment of happiness.
Civil rights guarantee people from abuses of State agents in the exercise
of the state’s three (3) inherent powers (police power, power of imminent
domain and power of taxation).
2. Legal rights:
Constitutional rights – Guaranteed in bill of rights of the Constitution.
Statutory rights – Rights promulgated by legislative body.
- Civil and Political rights are guarantees against
government abuse.

According to Aspect of Life:
3. Justifiable rights – Immediately enforced once violated.
Called negative rights because State is refrained from violating
them.
4. Economic, Social and Cultural Rights – Rights of people
to self-determination, to pursue economic, social and cultural
development and financial security. Ensure a life 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:
1. 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.
2. Derogable or Relative rights – Maybe
suspended or restricted or limited depending on
circumstances-for preservation of social life.

Kinds of Human Rights
The rights of every person are so many, compelling
Czech- French jurist Karel Vasak in 1979 to classify
them into three generations of rights.
1. First generation: Civil And Political Rights
2. Second generation: Economic Social And Cultural
Rights
3. Third generation: Solidarity Rights Or Collective
Rights
Note: Karel Vasak’s three divisions follow the French
Revolution's three slogans: Liberty, Equality, Fraternity.

First Generation:
The first generation of rights gradually evolved over centuries during the
long development of democratic society and serve as a protection of the
individuals from the arbitrary exercise of police power. Examples of these
rights are:
1. The right to life liberty and security of person;
2. Right against torture;
3. Right to equal protection against any discrimination
4. Right against arbitrary arrest and detention;

First Generation:
The first generation of rights gradually evolved over centuries during the
long development of democratic society and serve as a protection of the
individuals from the arbitrary exercise of police power. Examples of
these rights are:
5. Right to a fair and public hearing by an
independent and impartial tribunal;
6. Right to be presumed innocent until proven guilty;
7. Right to privacy, freedom of opinion and
expression, etc.
Note: The first generation of civil and political rights is also known as
the first generation of liberty rights.
Civil and political rights are individual rights against the state and are
partly seen as negative rights because they prevent the state from the
performance of certain things that are considered harmful (Wahiu)

First Generation:
In the Philippines, the first generation can be found in
the 1987 Constitution, particularly in:
Article III, Bill of Rights
Specials laws were also created, namely:
1. Republic Act No. 7438 (Rights of Persons Arrested,
Detained or Under Custodial Investigation)
2. Republic Act No. 8493 (Speedy Trial Act of 1998),
Republic Act No. 10350 (Anti-Enforced Disappearance
Act)

First Generation:
In the Philippines, the first generation can be found in
the 1987 Constitution, particularly in:
3. Republic Act No. 9745 (Penalizes Acts of Torture)
4. Republic Act No. 9851 (Penalizes Crime Against
International Humanitarian Law, etc,)
5. Republic Act No. 10368 (Creation of Human Rights
Victims Claims Board

Second Generation:
The second generation of rights started to be recognized when people
realized that possession of the first generation of liberty rights would be
valueless without the enjoyment of economic, social, and cultural
rights.
The experience of the Third World countries in their struggle against
colonialism, the influence of Socialism and the encyclicals of the Popes
all contributed to the development and appreciation of the economic,
social, and cultural rights. Examples of these rights are:
1. The right to work
2. Right to social security
3. Right to form and to join trade unions
4. Right to education

Second Generation:
The second generation of rights started to be recognized when people
realized that possession of the first generation of liberty rights would be
valueless without the enjoyment of economic, social, and cultural rights.
The experience of the Third World countries in their struggle against
colonialism, the influence of Socialism and the encyclicals of the Popes
all contributed to the development and appreciation of the economic,
social, and cultural rights. Examples of these rights are:
5. Right to rest and leisure
6. Right to health
7. Right to shelter, etc.
Note:The second generation of economic, social, and cultural
rights is also known as the second generation of equality rights.

Second Generation:
In the Philippines, the second generation can be found
in the 1987 Constitution, particularly in:
1. Article XII, National Economy and Patrimony;
2. Article XIII, Social Justice and Human Rights;
3. Article XIV, Education, Science and Technology,
Arts, Culture and Sports

Second Generation:
Specials laws were also created, namely:
1. Republic Act No. 6657 (Comprehensive Agrarian Reform
Law), Republic Act No. 7279 (Urban Development and Housing
Act of 1992)
2. Republic Act No. 8282 (Social Security Act of 1992)
3. Republic Act No. 6938 (The Cooperative Code)
4. Republic Act No. 8435 (Agriculture and Fisheries
Modernization Act of 1997)

Third Generation:
The third generation of rights is intended to benefit individuals, groups
and peoples and its realization will need global cooperation based on
international solidarity (Rosas and Scheinin, 1999, p. 65). Examples of
these rights are:
1. Right to peace
2. Right to development
3. Environmental rights
4. Right of self-determination

Third Generation:
these rights are:
5. Right to food
6. Rights of women
7. Rights of children
8. Right to humanitarian disaster relief

Third Generation:
these rights are:
9. (The latest right is) right to water
Note: This third generation of rights is also known as the
third generation of solidarity rights.

Third Generation:
In the Philippines, the third generation can be
found in the 1987 Constitution, particularly in:
1. Article II, Declaration of Principles and State Policies
2. Article XV, The Family

Third Generation:
Special laws were also created, namely:
1. Republic Act No. 7192 (Women in Development and
Nation-Building Act)
2. Republic Act No. 8505 (Rape Victim Assistance and
Protection Act of 1998)
3. Republic Act No. 6955 (Declares Unlawful the Practice
of Matching Filipino Women for Marriage To Foreign
Nationals on a Mail Order Basis)
4. Republic Act No. 9710 (An Act Providing for the Magna
Carta of Women)

Third Generation:
Special laws were also created, namely:
5. Republic Act No. 7610 (An Act Providing For Stronger
Deterrence and Special Protection Against Child Abuse,
etc.)
6. Republic Act No. 8749 (Philippine Clean Air Act of1999)
7. Republic Act No. 9003 (Ecological Solid Waste
Management and Protection Act)
8. Republic Act No. 9147 (Wildlife Resources
Conservation and Protection Act)

Principles of Human Rights
The three principles of human rights are:
1. Universality
2. Indivisibility
3. Interdependence

1. Universality
i. Universality means that rights belong to and are to be
enjoyed by all human beings without distinction of any
kind, such as race, color, sex or language, religion,
political and other opinion, national or social origin,
property, birth or other stature. In other words, human
rights belong to everyone wherever they are because
they are human beings endowed with dignity (Sarmiento,
1995, p. 49).

1. Universality
ii. Universality also means that the internationally-
recognized human rights are the basic core minimum to
be observed everywhere without regional differences.
These human rights belong to everyone, everywhere, by
virtue of being human. No one, no group, no place in the
world should be denied the enjoyment of human rights
(p. 50).

1. Universality
iii. The two related principles of indivisibility and inter-
dependence mean that the first generation of liberty
rights and the second generation of equality rights are
inter-related and are co-equal in importance. They form
an indivisible whole and only if these rights are
guaranteed that an individual can live decently and in
dignity (p. 51). The international community must treat
human rights in equal manner, on the same footing, and
with the same emphasis (p. 52).

2. Indivisibility
Human Rights are not capable of being divided. They
cannot be denied even when other rights have
already been enjoyed.
Human rights are indivisible. Whether they relate to
civil, cultural, economic, political or social issues,
human rights are inherent to the dignity of every
human person.
Consequently, all human rights have equal status, and cannot
be positioned in a hierarchical order. Denial of one right
invariably impedes enjoyment of other rights. Thus, the right of
everyone to an adequate standard of living cannot be
compromised at the expense of other rights, such as the right
to health or the right to education.

3. Interdependence
Human Rights are interdependent because the fulfillment
or exercise of one cannot be had without the realization of
the other.
Indivisible and interdependent because all rights – political,
civil, social, cultural and economic –are equal in importance
and none can be fully enjoyed without the others. They apply
to all equally, and all have the right to participate in decisions
that affect their lives. They are upheld by the rule of law and
strengthened through legitimate claims for duty-bearers to
be accountable to international standards.

3. Interdependence
The two related principles of indivisibility and inter-dependence
mean that the first generation of liberty rights and the second
generation of equality rights are inter-related and are co-equal in
importance. They form an indivisible whole and only if these rights
are guaranteed that an individual can live decently and in dignity (p.
51). The international community must treat human rights in equal
manner, on the same footing, and with the same emphasis (p. 52).
Human rights are interdependent and interrelated. Each one
contributes to the realization of a person’s human dignity
through the satisfaction of his or her developmental, physical,
psychological and spiritual needs. The fulfilment of one right
often depends, wholly or in part, upon the fulfilment of others.

3. Interdependence
For instance, fulfilment of the right to health may depend,
in certain circumstances, on fulfilment of the right to
development, to education or to information.
Certain rights cannot be sacrificed in favor of other rights
because taken together, these rights make human beings
whole.

3. Interdependence
Note:The experience of Jose W. Diokno in handling human rights
cases involving the marginalized and basic sectors confirms the
validity of the principles of indivisibility and interdependence of
human rights. He said:
“As lawyer for small farmers, fishermen, workers, students, and
urban poor, many of whom have been detained, most of whom
have been threatened with detention, a few of whom have been
shot and wounded, when they were peacefully exercising their
rights of assembly, I have learned the painful lesson that we cannot
enjoy civil and political rights unless we enjoy economic, cultural
and social rights, anymore than we can insure our civil and political
rights. True, a hungry man does not have much freedom of choice.
But equally true, when a well fed man does not have freedom of
choice, he cannot protect himself against going hungry”

Characteristics of Human Rights
Human rights are:
1. Inherent
2. Inalienable
3. Universal

1. Inherent
Inherent means that rights are the birthright of all human beings,
existing independently of the will of either an individual human being
or group. They are not obtained and granted through any human
action or intervention (Piechowiak, 1993, p. 5). When one is born,
he carries with him these rights. They cannot be separated or
detached from him.
“Inherent rights are those natural rights that form part of a
person’s legal personality from the moment of his birth – rights
to life, liberty, dignity and self-development. These can neither
be transferred nor sold in any matter to another person. This
means that these are not alienable and should not be denied to
any person.” -CHR

2. Inalienable
Inalienable (“unalienable” according to America’s
Declaration of Independence) means that no
person can deprive any person these rights and
no person can repudiate these rights by himself
(p. 6). It also means that these rights cannot be
the subject of the commerce of man.

3. Universal
Universal means that these rights belong to every
human being, no matter what he or she is like (p.
5). Because rights are universal, its promotion
and protection are the duty of all States,
regardless of cultural, economic or political
systems.

Components of Human Rights
The four components of a human right are:
1. A subject or a right holder
2. A duty-holder
3. An object
4. Implementation

1. A subject or a right holder
A subject or a right-holder is an individual (natural
person), a group of individuals or a non-
governmental organization entitled to rights under
the law and can take legal action to protect or to
promote those rights (Drzewicki, 1993, p. 28).

2. A duty-holder:
A duty-holder is an entity, normally a State that is
obliged to respect, to ensure and to protect the
subject’s rights or demands. In human rights, States
are considered a duty-holders rather than subjects
though in international law the role of States as
subjects is recognized as incontestable (pp. 28-29).

3. An object:
An object is the content of any given right and
any duty of the holder of the right and the
holder of the obligation. This right and this duty
are the human values and needs which are
found in human rights rules and norms (p. 29).

4. Implementation:
The implementation is a set of measures, approaches, and
initiatives designed to realize the right concerned: This
includes laws, administrative measures, legal writs and
mechanisms adopted by the three branches of government,
namely, Congress, Executive and Judiciary (p. 29).
Note: A sample subject or right-holder and an object or content of a
human right can be found in Article III, Section 12 of the 1987
Constitution that provides “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.” There are many more in the
Article on the Bill of Rights and Article on Social Justice and Human
Rights of the 1987 Constitution.

Stages of Human Rights
The three stages of a human right are:
1. Idealization
2. Positivization
3. Realization

1. Idealization
Idealization means that notions about human
rights have started in the realm of ideas that
reflect a consciousness against oppression,
dehumanization or inadequate performance
by the State (Drzewicki, 1993, p. 25).

2. Positivization
Positivization is the second stage where
support for the ideas became strong and
the stage is set to incorporate them into
some legal instruments, whether
domestic law or international law (p. 25).

3. Realization
Realization is the last stage where these
rights are enjoyed by the citizens of the
State by the transformation of the social,
economic, and political order (p. 25).

Sources of Human Rights
1. The 1948 Universal Declaration of Human Rights
The basic source of human rights is the 1948 Universal
Declaration of Human Rights that has profoundly shaped and
influenced local and international landscapes. One Filipino who
figured prominently in the drafting of this Declaration was Carlos
P. Romulo who served as the President of the Fourth Session of
UN General Assembly from 1949-1950. Author Morsink is
correct that there is today “not a single nation culture or people
that is not in one way or another enmeshed in human rights
regimes” (Morsink, 1999, p. 5).

2. The 1987 Constitution
In the Philippines, the basic source of human rights law is The 1987
Constitution. That is why the 1987 Constitution is sometimes called
a Human Rights Constitution because of its many human rights and
human rights- related provisions found in several of its Articles. It is
rich in human rights content and constitutes a vast improvement of
the previous Philippine Constitutions, namely, The 1897 Biak-na-
Bato Constitution, The 1899 Malolos Constitution, The 1935
Constitution, The 1943 Constitution, The 1973 Constitution and The
1986 Freedom Constitution.

2. The 1987 Constitution
Human dignity plays a special part of the provision of our
preamble in the 1987 Constitution. The state values the dignity
of every human person and guarantees full respect for human
rights.
A novel feature of the 1987 Constitution is the independent
constitutional office called the Commission on Human Rights,
one of the first national human rights commissions in the world.
Two of its important functions under Section 18, Article XIII of
The 1987 Constitution are to investigate human rights violations
involving civil and political rights either committed by the
government or by non-governmental entities and to establish a
program of education and information to enhance respect for
the primacy of human rights.

In 539 B.C., the armies of Cyrus the
Great, the first king of ancient Persia,
conquered the city of Babylon. But it
was his next actions that marked a
major advance for man. He freed the
slaves, declared that all people had
the right to choose their own religion,
and established racial equality. These
and other decrees were recorded on a
baked-clay cylinder in the Akkadian
language with cuneiform script.
Documents asserting individual rights, such as
the Magna Carta (1215), the Petition of Right
(1628), the US Constitution (1787), the
French Declaration of the Rights of Man and of
the Citizen (1789), and the US Bill of Rights
(1791) are the written precursors to many of
today’s human rights documents.
Known today as the Cyrus Cylinder, this ancient record
has now been recognized as the world’s first charter of
human rights. It is translated into all six official
languages of the United Nations and its provisions
parallel the first four Articles of the Universal
Declaration on Human Rights.
HISTORY OF HUMAN RIGHTS
Cyrus the Great, the first king of Persia,
freed the slaves of Babylon, 539 B.C.
From Babylon, the idea of human rights spread
quickly to India, Greece and eventually Rome.
There the concept of “natural law” arose, in
observation of the fact that people tended to
follow certain unwritten laws in the course of
life, and Roman law was based on rational ideas
derived from the nature of things.
8

Prelim_CLJ2_Human_Rights_Education.ppt

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