This document discusses the historical development and theories surrounding human rights, with a specific focus on their origins in both global and Philippine contexts. It outlines key historical milestones such as the Magna Carta and the Universal Declaration of Human Rights, while also examining various theoretical frameworks for understanding human rights like natural law, the positivist theory, and the theory based on justice. Additionally, it addresses the status of human rights in the Philippines through different eras and the implications of foreign policy on human rights concerns.

1. AND DEVELOPMENT OF
HISTORY, THEORIES OF SOURCES
HUMAN RIGHTS EDUCATION IN SCHOOL SYSTEMS
LAGUNA STATE POLYTECHNIC UNIVERSITY
HUMAN RIGHTS
Jonathan Aranza
Marvin Canaria
Marynell Velasco
Kenneth Hernandez
Carla Aviles
Grace Lamano

2. INTRODUCTION
Human rights are as old as human
society. In this chapter, we will delve into
this compelling subject. Our discussion
will take us through the historical
origins and significant milestones that
have shaped the concept of human
rights internationally and in the
Philippines. We will also examine the
fundamental theories that underpin
these rights and explore their ongoing
development.
Page 02

3. TABLE OF
CONTENT
09 THEORIES OF SOURCES OF
RIGHTS
04 HISTORY
29
HUMAN RIGHTS AS
INTERNATIONAL CONCERN
33
ORIGIN OF HUMAN RIGHTS
IN THE PHILIPPINES
39 NARROW CONCEPT OF HUMAN
RIGHTS IN THE PHILIPPINES
45 STATUS OF HUMAN RIGHTS IN
THE PHILIPPINES
Page 03
48 PHILIPPINE FOREIGN POLICY
ON HUMAN RIGHTS

4. HISTORY OF HUMAN
RIGHTS
Page 04
Jonathan Aranza

6. What is the origin of human rights?
These arose from the struggle of man against injustices of despotic
rulers. Men revolted against the concept of the "Divine Right of Kings." In
the Middle Ages, the Magna Carta was delivered by King John in 1215. It
is regarded as the first English Constitution that guaranteed the personal
liberties and civil rights. The Americans revolting against the English King
in 1776 declared their own Bill of Rights. The French in 1789 proclaimed
the Declaration of the Rights of Man where it was declared that all men
are born free and equal and affirmed the inalienable rights of man.
Eventually most democratic countries adopted in their respective
constitutions their own Bill of Rights.
HISTORY
Page 05

7. What are the circumstances that brought out the concept of
human rights in ancient history?
Rulers were despotic and tyrannical, and citizens rose against
the injustices that they have long suffered
HISTORY
Page 06

8. What famous documents in history that
contained concepts of human rights?
Magna Carta of 1215 – first English
Constitution delivered by King John on June
9, 1215, it guaranteed personal liberties and
civil rights.
HISTORY
Page 07
https://www.britannica.com/topic/Magna-Carta
https://www.britannica.com/topic/Magna-Carta

9. Bill of Rights of 1689 or An Act Declaring the
Rights and Liberties of the Subject and
Settling the Succession of the Crown (1689)
- revolutionaries of England determined to
prevent arbitrary royal rule laid this down,
this document guaranteed freedom from
cruel and unusual punishment and
excessive fines.
HISTORY
Page 08
https://www.britannica.com/topic/Parliament

10. Bill of Rights 1776
-Declaration of rights of the citizen adopted June 12,
1776, by the constitutional convention of the colony of
Virginia.
Americans revolting from the English, this document
asserted that all men by nature are fully free and
independent and have inherent rights such as
enjoyment of life and liberty, the means of acquiring
and possessing of properties, and obtaining
happiness. It also asserted freedom of speech and
press, to speedy and public trial by an impartial jury,
and the freedom to exercise religion. Page 09
https://www.britannica.com/biography/George-Mason

11. Declaration of the Rights of Man 1789
-by French revolutionaries, this
document declared that all men are
born free and equal and affirmed the
inalienable rights of men.
Page 10
https://www.elysee.fr/en/french-presidency/the-declaration-of-the-rights-of-man-and-of-the-citizen

12. THEORIES
OF SOURCES OF
RIGHTS
Page 05
John Marvin Canaria Marynell Velasco

13. RELIGIOUS OR THEOLOGICAL APPROACH
Page 10
• Doctrine of a Supreme Being, the creator, the
Father of all humanity.
• Central to the doctrines of all religions is the
concept of the dignity of man as a consequence
of human rights, and therefore the rights are
universal, inalienable and cannot be denied by
mortal beings (men).

14. RELIGIOUS OR THEOLOGICAL APPROACH
Page 11
• The theological approach means also the
brotherhood of men and equality in the eyes of
God. Theology, therefore, is a basis of human
rights theory stemming from a law higher than
the state and whose source as the Supreme
being. They are not concessions granted by
human institutions or states, or any
international organization as they are God-given
rights.

15. RELIGIOUS OR THEOLOGICAL APPROACH
Page 12
• The criticism of the theological approach is that
some religions impose so many restrictions on
individual freedom. Some religions even tolerate
slavery, discrimination against women and
imposition of death penalty. The theological
approach is valid as long as men believe that
God created them.

16. RELIGIOUS OR THEOLOGICAL APPROACH
Page 13
• It is the interpretation of man loving his
neighbor. The concept of brotherhood of men
means respecting the rights of a man. This also
illustrates the universal concept of human
rights. In short, the dignity of human person is
realized through the love of fellowmen.

17. THE NATURAL LAW THEORY
Page 14
• The natural law theory which originated from
the Stoics and elaborated by Greek philosophers
Plato an Aristotle and later by ancient Roman
law jurists perceives that the conduct of men
must always conform to the law of nature.
Philosophers, in their search for the truth, must
be in accordance with nature, which is eternal.

18. THE NATURAL LAW THEORY
Page 15
• The conduct of men must always conform to the
law of nature, and this theory is detached from
religion.
• The natural characteristics of human beings are
the social impulse to live peacefully and in
harmony with others, and whatever conformed
to the nature of men was right and just.
• Whatever is disturbing to social harmony is
wrong and unjust.

19. THE NATURAL LAW THEORY
Page 16
• The main characteristic of natural law is that
natural law leaves vague what is part of the law
of nations and therefore is inalienable.

20. HISTORICAL THEORY
Page 17
• It advocates that the 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. Human rights developed through the
common consciousness of men.

21. HISTORICAL THEORY
Page 18
• Unlike the positivist theory, the historical theory
believes human rights exist through gradual,
spontaneous and evolutionary process without
any arbitrary will of any authority. The examples
are custom and traditions.

22. THE POSITIVIST THEORY
Page 19
• States that all rights and authority come from
the state and what officials have promulgated,
that rights are enjoyed if recognized and
protected by legislation promulgated by the
state.
• Under this theory, the only law is what it is
commanded by the sovereign. The source of
human rights is to be found only in the
enactment of law with sanctions attached.

23. THE MARXIST THEORY
Page 20
• It emphasizes the interest of society over am
individual man’s interest. Individual freedom is
recognized only after the interest of society is
served. It is concerned with economic and social
rights over civil or political rights of community.

24. THE MARXIST THEORY
Page 21
• The Communist system of rights has been
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.

25. The Functional or Sociological Approach
- human rights exist as a means of social control ( it
exist to serve the interest of society)
- emphasis of obtaining a just equilibrium of
multifarious interests among prevailing moral
sentiments and the social and economic conditions
of the time and place.
- The essence of law is simply to satisfy the needs of
the people.
Page 22

26. The Functional or Sociological Approach
-This approach is develop because there were
demands for a variety of wants occasioned by
the development of a society as help for the
unemployed, the handicapped, the
underprivileged, minorities and other
disadvantaged groups
-it focus on rights in terms of people’s
wants and concern Page 23

27. The Utilitarian Theory
- It seeks to define the notion of rights in terms of tendencies to
promote specified ends such as common good
- believes that every human decision was motivated by some
calculation of pleasure and pain
- The goal is to promote the greatest happiness of the greatest
number.
- Governments are to be judged on their tendencies to promote
the greatest happiness to the greatest number
- everyone is counted equally , but is not mean they are treated
equally.
- the principle requires governments to maximize
the total net Sum of citizens.
Page 24

28. The Utilitarian Theory
- emphasizes that an individual cannot be more
important than the entire group.
- Man cannot disregard his society. Similar to Aristotle
“the man is social animal”.
- The composite society of which the individual is a
unit has on its own wants, claims and demands.
- This act is good only when it takes into consideration
the interests of the society and tends to augment the
happiness of the entire community.
Page 25

29. The Theory Based on Justice
- The greatest interest of man Respect for human
rights serves the ends of justice Each person
possesses inviolability founded on justice.
- the first virtue of any social institution is justice,
that each person possesses in- violability founded
on justice, and when the liberties of equal
citizenship are settled, The rights secured for
justice are not subject to political bargaining or to
social interests. Page 26

30. The Theory Based on Justice
-no justice in a community where there are
social and economic inequalities because
Each person has equal rights to the whole
system of liberties.
-general conception of justice - one of fairness
and those social primary goods such as
opportunity, income and wealth and self-
respect are to be distributed equally. Page 27

31. The Theory Based on Equality and Respect
- Equality with respect to basic liberty
- The purpose is for the government to intervene in order
to advance general welfare.
- equality involves opportunities in the Av ailment of public
service and equal treatment before the law
- Specific liberties such as freedom of speech, freedom of
worship, right to join association and freedom of opinion
are part of equality and respect
- preferred liberties, where usually the government imposes
restrictions. Page 28

32. HUMAN RIGHTS AS
INTERNATIONAL CONCERN
Page 29
Kenneth B. Hernandez

33. Human rights struggles were domestic, with
citizens opposing tyrannical rulers.
HUMAN RIGHTS AS AN INTERNATIONAL CONCERN
World War II atrocities highlighted the need for
international human rights protection.
The United Nations aimed to affirm human dignity
and worth.
December 10, 1948 - The Universal Declaration of
Human Rights was proclaimed:
This declaration set basic norms and standards for
human rights but was not legally binding.
Page 30

34. 1966 - Two key covenants were adopted to legally
bind states:
These documents, along with the UN Charter and
the Universal Declaration, form the International
Bill of Human Rights.
Human rights became a crucial aspect of international
law.
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and
Cultural Rights
Page 31

35. Respect for human rights concerns
individuals regardless of nationality or
citizenship.
Human rights violations are recognized
as offenses that transcend national
boundaries.
Page 32

36. ORIGIN OF HUMAN RIGHTS
IN THE PHILIPPINES
Page 35
Carla Aviles

37. ORIGIN OF HUMAN RIGHTS IN THE PHILIPPINES
Human Rights was
introduced to the Philippines
when Jose Rizal wrote about
the abuses of the Spanish
authorities in his books and
he was executed for it.
Page 34

38. ORIGIN OF HUMAN RIGHTS IN THE PHILIPPINES
Page 35
1986
• Educated Filipinos were
already aware of the
basic constitutional
guarantees mentioned
in the American and
English Bill of Rights.
1899
• Malolos
Constitution
was adopted.
1901
• Assumption of
U.S
sovereignty
over the
Philippines.

39. ORIGIN OF HUMAN RIGHTS IN THE PHILIPPINES
Page 36
1902
• Philippine Bill
of 1902
1916
• Philippine
Autonomy Act
of 1916 (Jones
Law)
1934
• Philippine
Independence
Act of 1934
(Tydings-
Mcduffee Law)

40. ORIGIN OF HUMAN RIGHTS IN THE PHILIPPINES
Page 37
1935
• The first
Philippine
Constitutio
n was
adopted
1937
• Philippine
Constitution
was
reiterated
and
contained
the Bill of
Rights.
1942-1944
• Filipinos were
temporarily
deprived of the
enjoyment of the
civil and political
rights (military
rule of Japan)
1945
• Civil and
political
rights of
Filipinos
were
restored.

41. ORIGIN OF HUMAN RIGHTS IN THE PHILIPPINES
Page 38
1970’s
• Rule of
President
Ferdinand
Marcos
1986
• Edsa Revolution
• A new
constitution
was adopted
1987
• The new
constitution
categorically
states that the
State values the
dignity of every
human person
and guarantees
full respect for
human rights.

42. NARROW CONCEPT OF
HUMAN RIGHTS IN THE
PHILIPPINES
Human rights has been
originally understood as civil
and political rights which men
asserted against their
tyrannical ruler.
Page 39

43. NARROW CONCEPT OF HUMAN RIGHTS IN THE
PHILIPPINES
• The Magna Carta of 1215, the Bill of Rights of the
American revolutionists referred to the guarantees
of the enjoyment of individual liberties.
• As society has developed and progressed and with
the increase of diverse activities especially in the
field of economic development, the concept of
human rights have been broadened.
Page 40

44. • The 1986 Philippine Constitution has
mentioned only civil and political
rights. Under the Art. XIII, Sec. 18 (1) of
the Constitution, the Commission on
Human Rights is empowered to
investigate “all forms of human rights
violations involving civil and political
rights.
Page 41

45. • Cariño vs. Commission on Human
Rights, 204 SCRA 483 [1991]
ruled that the most that may be
conceded on the Commission on
Human Rights is the power to
investigate, i.e. receive evidence and
make findings of fact as regards
claimed human rights violations
involving civil and political rights.
Page 42

46. • Simon vs. Commission on Human
Rights, 229 SCRA 7 (1994)
when the court said that it was
apparent that the constitutional
delegates who drafted the constitution
have envisioned a Commission on
Human Rights that would focus its
attention to the more severe cases of
human rights violation.
Page 43

47. • It is not surprising therefore that the
commission on Human Rights in its
earlier resolutions have limited its
function only on civil and political
rights.
Resolution No. A89-109, July 19, 1989
Page 44

48. STATUS OF HUMAN RIGHTS
IN THE PHILIPPINES
Page 45
Grace Lamano

49. STATUS OF HUMAN RIGHTS IN THE PHILIPPINES
Spanish Colonial
Rule
• Social
stratification
and Forced
Labor
• Limited Rights
for Filipinos
Page 46
American Colonial
Period
• Introduction of
Democratic
Ideals
• Education and
Public Health
Reforms
• Continued
struggle for
independence
Commonwealth
Period and
Japanese
Occupation
• Establishment of
Commonwealth
• WWII Atrocities
• Guerilla Warfare
and Civilian
Suffering

50. STATUS OF HUMAN RIGHTS IN THE PHILIPPINES
Post-War Era and
the Marcos
Regime
• Post-War
reconstruction
• Declaration of
Martial Law
(1972)
• Human Rights
violation during
Martial Law
• People Power
Revolution
(1986)
Page 47
Post-Marcos Era to Present
• Restoration of democracy
• 1987 Constitution
• Human rights challenges
• Extrajudicial killings (War on Drugs)
• Freedom of Expression and Media
• Rights of Indigenous People
• Gender-Based Violence
• Human rights Institutions
• Commission on Human Rights
• Role of Judiciary
• Non-Government Organizations

51. PHILIPPINE FOREIGN POLICY
ON HUMAN RIGHTS
Page 48

52. PHILIPPINE FOREIGN POLICY ON HUMAN RIGHTS
Article II, Section 2: “The Philippines
renounces war as an instrument of
national policy, adopts the generally
accepted principles of international
law as part of the law of the land and
adheres to the policy of peace,
equality, justice.”
Page 49
1987
Philippine
Constitution
provisions on
Philippine
foreign
policy:

53. PHILIPPINE FOREIGN POLICY ON HUMAN RIGHTS
Article II, Section 7: “The State shall
pursue an independent foreign
policy. In its relations with other
states the paramount consideration
shall be national sovereignty,
territorial integrity, national interest,
and the right to self-determination.”
Page 50
1987
Philippine
Constitution
provisions on
Philippine
foreign
policy:

54. PHILIPPINE FOREIGN POLICY ON HUMAN RIGHTS
This gives mandate to the Department
of Foreign Affairs to implement the
three (3) pillars of the Philippine
Foreign Policy, as follows:
• Preservation and enhancement of
national security
• Promotion and attainment of
economic security
• Protection of the rights and
promotion of the welfare and
interest of Filipinos overseas.
Page 51
Republic Act
No. 7157
"Philippine
Foreign
Service Act
of 1991"

55. PHILIPPINE FOREIGN POLICY ON HUMAN RIGHTS
• Challenges
• Domestic vs
International Human
Rights Priorities
• Balancing National
Security and Human
rights priorities
• Enhancing Human Rights
Education
Page 52
• Commitments
• Adherence to
International Human
Rights Laws
• Participation in UN
Human Rights Council
• Bilateral Relations
Impacting Human Rights

56. THANK YOU
LAGUNA STATE POLYTECHNIC UNIVERSITY