HUMAN RIGHTS DEFINITION
All persons are born free and equal in dignity and rights without any distinction as to race, color, sex, religion, origin, and social status.
UNITED NATION’S DEFINITION OF HUMAN RIGHTS
Human rights are generally defined as those r ights, which are inherent in our nature, and without which, we cannot live as human beings.
The denial of human rights and fundamental freedoms not only is an individual and personal tragedy, but also creates social and political unrest, sowing the seeds of violence and conflict within and between societies and nations.
“Respect for human rights and human dignity is the foundation of freedom, justice and peace in the world.
PHILIPPINE COMMISSION ON HUMAN RIGHTS’ DEFINITION
Human rights are supreme, inherent, and inalienable rights to life, dignity and self-development. It is the essence o f these rights that makes man human.
MAN’S RESPONSIBILITY IN HUMAN SOCIETY
While freedom gives man the right to m ake moral decisions, he is responsible for doing so and has to answer to his own conscience.
Freedom in responsibility includes rights and obligations.
The freedom of the individual is demarcated by the free dom of others and by a sense of responsibility.
BASIC CHARACTERISTICS OF HUMAN RIGHTS
Inherent – because they are not granted by any person or authority.
Fundamental – because without them the life and the dignity of man will be meaningless.
Inalienable – because they cannot be rightfully taken away from a free individual.
Imprescriptible – because they cannot be lost even by a long passage of time.
Indivisible – because they are not capable of being dividend.
Universal – because it applies to all human beings irrespective of t heir origin, status or condition or place where they live.
Interdependent – because the fulfillment or exercise of one cannot be had without the realization of the other. A legitimate state should exist to assure that in the discharge of the governmental functions, the dignity that is the birthright of ever y human being is duly safeguarded.
CLASSIFICATION OF RIGHTS
According to source: o
Natural rights – rights – are God-given rights, acknowledged by everybody to be mor ally good.
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Constitutional rights – rights – are those rights which are conferred and protected by the
Constitution and which cannot be modified or taken away by the law -making body. o
Statutory rights – rights – are those rights which are provided by law promulgated by the law-
making body and, consequently, consequently, may be abolished by by the same body.
According to recipient: o
Individual rights – those right being accorded to individuals.
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Collective rights – also called as ‘people’s rights’ or ‘solidarity rights’ are rights of the
society, those that can be enjoyed only in company with others.
According to aspect of life: o
Civil rights – are those rights which the law will enforce at the instance of private
individuals for the purpose of securing to them the e njoyment of their means of happiness. o
Political rights – are those rights which enable us to participate in running the affairs of
the government either directly or indirectly. o
Economic and social rights – are those which the law confers upon the people to enable
them to achieve social and economic development, t hereby ensuring them their wellbeing, happiness and financial security. o
Cultural rights – are those rights that ensure the well-being of the individual and foster
the preservation, enrichment, and dynamic evolution of national culture.
According to struggle and recognition: o
FIRST GENERATION OF HUMAN RIGHTS – covers civil and political rights.
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SECOND GENERATION OF HUMAN RIGHTS – covers economic, social and cultural rights
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THIRD GENERATION OF HUMAN RIGHTS – covers collective rights.
According to its derogability: o
Non-derogable or absolute rights – are those that cannot be suspended nor t aken away
nor restricted/limited even in extreme e mergency and even if the gover nment invokes national security. o
Derogable or relative rights – may be suspended or restricted or limited depending on
the circumstances which call for the preservation of social life.
Requirements for restrictions to be valid:
It is provided for by law which is made known to every citizen.
There is a state of emergency.
It does not exceed what is strictly necessary to achieve the purpose.
CATEGORIES OF HUMAN RIGHTS
As Fundamental Freedom in Political Rights o
Guaranteed in Art. III of the Philippine Constitution; Art. 19, Civil and Political Rights.
As Democratic Rights o
Commonly exercised in a democratic state which is guaranteed in Art. 1 and 3, Philippine Constitution; Arts 2,4 and 5, Civil and Political Rights.
As Mobility Rights o
The third category is the right to travel and to return to one’s country, and the freedom
of movement within the country. Guaranteed in Ar t. 2, Civil and Political Rights; Art. 3 Se. 6, Philippine Constitution
As Right to life, liberty and security of the person o
Represents the core of fundamental rights which relate to the right to physical and personal integrity, consistent with human dignity. Guaranteed in Art. 3, Sec. 1, Philippine Constitution; Art. 6, Civil and Political Rights
As Legal Rights o
Includes the freedom from arbitrary ar rest and detention and the protection against unreasonable search and seizure, right to counsel, r ight to fair and public trial,
presumption of innocence, and the right against self-incrimination. Guaranteed in Art. 3 Sec. 12 of the Philippine Constitution.
As Rights of Equality o
It is 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.
As Economic, Social and Cultural Rights o
Includes the right to social security, social insurance, protection and assistance to the family, the right to an adequate standard of living, adequate food, clothing, and housing, and the right to physical and mental health.
As Worker’s Rights o
Include the right to association, the r ight to organize unions, to bargain collectively, the prohibition of forced labor, the prohibition of employment of children, and guarantee minimum wages and other support.
As Aboriginal Rights o
These rights are associated with the rights of indigenous cultural tribes or communities. Guaranteed in Art. XIV, Sec. 17, Philippine Constitution.
As Reproductive Rights o
Include the right to found a family and be ar children, to gender sensitivity and the biomedical technology, and to family planning. Guaranteed in Art. II, Sec. 1 2 which provides protection of the life of the unborn.
As Protective Rights of Persons in Armed Conflicts o
These rights are provided in the inter national humanitarian law for the protection of children, women and non-combatants during internal armed conflicts.
As Right to Self-determination o
The right of the people to be free from colonial rule and decide their own destiny as provided in Art. 2, Sec. 7, Philippine Constitution; Art. I, Economic, Social and Cultural Rights.
As Minority Group Rights o
These rights include the protection of ethnic, linguistic and religious minorities.
HUMAN RIGHTS WITHOUT ANY LIMITATION
Certain rights may never be limited or suspended even in emergency situations. o
Freedom from torture
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Freedom from enslavement or servitude
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Freedom from imprisonment for debt
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Freedom from retroactive penal laws
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Right to recognition as a person be fore the law
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Freedom of thought, conscience and religion
THEORIES OF SOURCES OF RIGHTS
Theological Approach o
It implies that the divine source gives human beings a high value of worth. It is a basis of human rights theory stemming from a law higher than the state and whose source is t he Supreme Being.
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In short, the dignity of human person is r ealized through love of fellowmen.
Natural Law Theory o
Thomas Aquinas, foremost among medieval philosophers, considered natural law as law of right reason in accordance with t he law of God.
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It implies that 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.
Historical Theory o
It advocates that the human rights ar e 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. Examples are customs and tradition
Functional and Sociological Approach o
It explains that human rights exist as a means of social control. Human rights exist to serve the social interests of society.
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It 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.
Positivist Theory o
It states that all rights and authority come from the state and what officials have promulgated. The only law is what it is commanded by the sovereign. A right is enjoyed only if it is recognized and protected by legislation promulgated by the state.
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A positivist system offers flexibility to meet changing needs since it is under human control.
Marxist Theory o
It emphasizes the interest of society over an 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 and political rights of community.
Theory Based on Equality and Respect o
It means the recognition of individual rights in t he enjoyment of the basic freedoms such as freedom of speech, religion, assembly, fair trial and access to courts.
Theory Based on Justice o
Each person possesses inviolability founded on justice. Each person has equal rights to the whole system of liberties. There is no justice in a community where there are social and economic equalities.
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The general conception of justice is one of fairness and those social primary goods, such as liberation, opportunity and income are to be distributed equitably.
Theory Based on Dignity of Men o
The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values.
Utilitarian Theory o
It is the principle that requires governments to maximize the total net sum o f citizens. This is in contrast to the natural right theory which is an individualizing principle that assigns specific basic interests of each individual person.
MIRANDA DOCTRINE
The ruling applies during the investigation of a detained person; he has the right to be informed of the charges against him and to be assisted by an independent and competent counsel of his own choice when making a statement. It is also guaranteed in RA No. 7438.
Section 12. (1) Any person under investigation for the comm ission 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. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be w aived except in writing and in the presence of counsel. (2) No torture, force, violence, t hreat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. DOUBLE JEOPARDY
Sited in Art. 14, Sec. 7, Political Covenant, its counterpart in the C onstitution is Art. 3, Sec. 21 of the Philippine Constitution states, that: o
No person shall be twice put in jeopardy of punishment of 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.
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Requisites for the protection against double jeopardy:
A valid complaint or information
Before a competent court
Defendant had pleaded to the charge
Defendant was acquitted or convicted or the case against him was dismissed or otherwise terminated without the express co nsent of the defendant.
RIGHT TO STRIKE
The “Strike” is the temporary stoppage of work by concerted action of employees as a result of
a labor dispute.
Similarly, the Philippine Constitution guarantees under Art. 13, Sec. 3 that, “The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all”.
The right to strike is related to the right to organize for collective bargaining in accordance with law.
RIGHT OF STUDENTS AND ACADEMIC FREEDOM
The Supreme Court had ruled in a number of cases that the internal conditions for academic freedom in a university are that the academic staff should have a de facto control of the following functions, namely:
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The admission and examination of students
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The curricula for courses of study
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The appointment and tenure of office of academics staff
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The allocation of income among the different cate gories of expenditure
In the determination of standards to be met , students possess a privilege and not a r ight. While under Education Act of 1982, students have t he right “to freely choose their field of study,
subject to existing curricula and to continue their course the rein up to graduation,” such right is subject, as all rights are, to the established academic and disciplinary standards laid down by the academic institution. EX POST FACTO LAW
Ex Post Facto Law means a statue which renders a previously innocent act a criminal offense,
aggravates or increases the punishment for a crime, or alters the rules of evidence, or deprives an accused of some protection or defense previously available.
This is guaranteed in Art. 15, Se c. 1, Political Covenant, which is similarly phrased in the Philippine Constitution wherein it states, that: “No ex post facto law o r bill of attainder shall be
enacted”. Art, 3, Sec. 22 COMMISSION ON HUMAN RIGHTS
Art. XIII Human Rights Section 17. (1) There is hereby created an independent office called Commission on Human Rights. (2) The Commission shall be composed of a Chairman and four Members who m ust be natural-born citizens of the Philippines and a majority of whom shall be member s of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law. (3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers. (4) The approved annual appropriations of the Commission shall be automatically and regularly released. Section 18. The Commission on Human Rights shall have the following powers and functions: (1) Investigate, on its own or o n 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 underprivileged 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, ad information to enhance r espect for the primacy of human rights; (6) Recommend to the 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 Government’s compliance with international treaty obligations on human
rights; (8) Grant immunity from prosecution to any person whose te stimony 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.
Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its r ecommendations.
