What is Human Rights?

- Rights that are inherent to all human beings without discrimination on the basis of
race, ethnicity, religion or belief or gender.
- Basic rights and freedoms that belong to every person in the world from birth until
death.
- Gives us power and enable us to speak up

CHARACTERISTICS OF HUMAN RIGHTS

• INHERENT - (Likas) natural na
• UNIVERSAL – available to all human beings kahit ano pang status o kondisyon
• INDIVISIBLE – hindi maibabahagi kahit kanino#
• INALIENABLE – unable to take away/hindi maiililipat kahit kanino

HUMAN RIGHTS CAN BE CLASSIFIED INTO…

• CIVIL RIGHTS (right to life, personal property)
• POLITICAL RIGHTS (right to vote, freedom of association)##
• ECONOMIC RIGHTS
• SOCIAL RIGHTS
• CULTURAL RIGHTS (education)######
#
BACKGROUND OF HUMAN RIGHTS
THE CYRUS CYLINDER
- In 539-530 BC, Cyrus II began his reign as the king of Persia by decreeing a reform written on
"The Cyrus Cylinder." The reform also established racial equality, including religious freedom
for all people of the Persian Empire. This is one of the oldest evidence of human rights
recognition. It has been translated to all six official languages of the United Nations, and the
first four articles of the Universal Declaration of Human Rights are parallel to that of the
declaration on the Cyrus Cylinder.

THE MAGNA CARTA

- In 1215, King John of England signed the Magna Carta also known as the "Great Charter,"
which established the idea that everybody, including the king, is subject to the law. It also
provided all freemen the right to achieve justice and fair trial through the establishment of
 the principles of due process and equality before the law. The charter also recognized that
the church is an individual institution that is free from governmental interference. It further
recognized that the citizens of the state have the right to own and inherit properties and to
be protected from excessive taxes. It also gave widowed women who owned property an
opportunity to choose not to remarry.
- This charter is widely viewed as one of the most important written evidence and legal
documents in the history of human rights and modern democracy. It is often viewed as
providing a crucial turning point in establishing freedom.

PETITION OF RIGHTS
- The petition of right was sent by the English Parliament to the king of England, King Charles
I. The petition was raised when Charles I started to force loans on his people and tax them
excessively, sending to prison those who did not pay. King Charles I did all of these to
finance his war against Spain. The petition was initiated by Sir Edward Coke, and it was
based on the earlier statutes and charters of the Magna Carta and the Cyrus Cylinder. The
petition asserted four principles: 1) the king cannot tax people without the consent of the
parliament; 2) no person shall be imprisoned without cause; 3) no soldier shall be quartered
within the city or public areas; and 4) martial law shall not be implemented in time of peace.
King Charles I was compelled to accept the petition in order for him to continue receiving
subsidies for his policies. However, the petition of rights is still regarded as a constitutional
document alongside statutes like the Magna Carta,

United States Declaration of Independence

- July 4, 1776, the United States Congress approved the Declaration of Independence.
Its primary author Thomas Jefferson, wrote the Declaration as a formal explanation of
why Congress had voted on July 2 to declare independence from Great Britain, more
than a year after the outbreak of the American Revolutionary War and as statement
announcing that the 13 american colonies were no longer part of British Empire.

The first Geneva convention

- For the Amelioration of the condition of the Wounded in Armies in the field held on
Aug. 22, 1864. It defines the basis on which rest the rules of international law for the
protection of the victims of armed conflicts.

Universal Declaration of Human Rights

- . The Universal Declaration of Human Rights was adopted by the general assembly of the
United Nations as the UN Resolution on December 10, 1948, and the country is one of the
48 countries who voted in favor of the declaration..
30 articles of the Universal Declaration of Human Rights
ARTICLE 1. Everyone is born and free and equal in dignity and with rights
ARTICLE 2. You should never be discriminated against for any reason
ARTICLE 3. Everyone has the rights to life, liberty and security
ARTICLE 4. No one will be held in slavery or servitude
ARTICLE 5. No one will be subjected to torture or to cruel or degrading treatment
ARTICLE 6. You have the right to be treated as a new person in the eyes of the law
ARTICLE 7. You have the right to equality before the law
ARTICLE 8. You have the right to remedy by competent tribunal
ARTICLE 9. No one shall be subject to arbitrary arrest detention or exile
ARTICLE 10. You have the right to a fair public hearing
ARTICLE 11. You have the right to be considered innocent until proven guilty
ARTICLE 12. No one has the right to interfere with your privacy, family or home
ARTICLE 13. You have the right to freedom of movement in and out of the country
ARTICLE 14. You have the right to seek asylum in other countries from persecution
ARTICLE 15. You have the right to a nationality
ARTICLE 16. You have the right to marriage and to raise a family
ARTICLE 17. You have the right to own property
ARTICLE 18. You have the right to freedom of belief and religion
ARTICLE 19. You have the right to freedom of opinion and expression
ARTICLE 20. You have the right to freedom of peaceful assembly and association
ARTICLE 21. You have the right to take part in the government of your country

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

ARTICLE 22. You have the right to social security
ARTICLE 23. You have the right to desirable work and to join trade unions
ARTICLE 24. You have the right to rest and leisure
ARTICLE 25. You have the right to an adequate standard of living
ARTICLE 26. You have the right to education
ARTICLE 27. You have the right to participate in cultural life of community
ARTICLE 28. You have the right to a social order that articulates this document

CONDITIONS NECESSARY FOR THE EXERCISE OF THE RIGHTS

ARTICLE 29. We all have a responsibility to the people around us and should protect their
rights and freedoms
ARTICLE 30. You have the right to freedom from state or personal interference in these rights

BILL OF RIGHTS
ARTICLE III, 1987 PHILIPPINE CONSTITUTION
SECTION 1. RIGHT TO DUE PROCESS AND EQUAL PROTECTION
No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
SECTION 2. ARREST, SEARCH AND SEIZURE
The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
SECTION 3. RIGHT TO PRIVACY
 (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
SECTION 4. FREEDOM OF EXPRESSION
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.
SECTION 5. FREEDOM OF RELIGION
No law shall be made respecting an 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 shall be required for the
exercise of civil or political rights.
SECTION 6. LIBERTY, ABODE AND RIGHT TO TRAVEL
 The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired
except in the interest of national security, public safety, or public health, as may be provided by
law.
SECTION 7. RIGHT TO INFORMATION
The right of the people to information on matters of public concern shall be recognized. Access
to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
SECTION 8. RIGHT TO FORM ASSOCIATION
The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.
SECTION 9.
Private property shall not be taken for public use without just compensation.
SECTION 10. NON-IMPAIRMENT OF CONTRACT
No law impairing the obligation of contracts shall be passed.
SECTION 11. LEGAL ASSISTANCE AND FREE ACCESS TO COURTS
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
SECTION 12. MIRANDA RIGHTS
(1) 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. If the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, 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 and rehabilitation of victims of torture or similar practices, and their families.
SECTION 13. RIGHT TO BAIL
All persons, except those charged with offenses punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
SECTION 14. RIGHTS OF THE ACCUSED
(1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.
SECTION 15. PRIVILEGE OF THE WRIT OF HABEAS CORPUS
 The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.
SECTION 16. RIGHT TO SPEEDY DISPOSITION OF CASES
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
SECTION 17. Right against Self-Incrimination
No person shall be compelled to be a witness against himself.
SETION 18. RIGHT AGAINST INVOLUNTARY SERVITUDE
 (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. RIGHT AGAINST EXCESSIVE FINES AND CRUEL PUNISHMENTS
 (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. RIGHT AGAINST IMPRISONMENT FOR DEBT
No person shall be imprisoned for debt or non-payment of a poll tax.
SECTION 21. RIGHT AGAINST DOUBLE JEOPARDY
No person shall be twice put in jeopardy of punishment for the same offense.
SECTION 22. RIGHT AGAINST EX POST FACTO LAW AND BILL OF ATTAINDER
No ex post facto law or bill of attainder shall be enacted.

HUMAN RIGHTS LEGAL ISSUANCES IN THE PHILIPPINES

POLITICAL RIGHTS
SUFFRAGE (Right to vote in political election)
ARTICLE 5, SECTION 1
Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law,
who are at least eighteen years of age, and who shall have resided in the Philippines for at least
one year and in the place wherein they propose to vote for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed
on the exercise of suffrage.`

P.D 1187
PROVIDING FOR A GENERAL REGISTRATION OF ALL QUALIFIED VOTERS
THROUGHOUT THE PHILIPPINES
- Naglalaman ng qualification ng mga botante. Andito rin ang kahalagahan ng
pagrerehistro at pagboto

ARTICLE V, SECTION 2. The Congress shall provide a system for securing the secrecy
and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos
abroad.
- Ang Congress ay dapat gumawa ng konkretong Sistema para masigurado na yung
mga balota na gagamitin sa eleksyon ay secured
- ABSENTEE VOTING(proseso ng pagboto kung saan yung mga tao na wala dun sa
designated na voting places pwede silang bumoto mula sa ibang lokasyon .
RA 9189
"The Overseas Absentee Voting Act of 2003.“
All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least
eighteen (18) years of age on the day of elections, may vote for president, vice-president,
senators and party-list representatives.
NOTE: Pag ang isang tao ay nasa ibang bansa, pwede parin silang bumoto sa Philippine
Embassy

ECONOMIC RIGHTS
PD 442 “Labor Code of the Philippines”
- Promote full employment at pantay pantay na work opportunity regardless of your
sex and race.

CULTURAL RIGHTS
RA 8371 “The Indigenous Peoples’ Rights Act of 1997”
- Promote the right of indigenous cultural community. Ex. Mangyan

The Indigenous Peoples’ Rights Act of 1997 recognized and promoted the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICC/IPs) enumerated within the framework of the
Constitution.
-Protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and
cultural well being
(Ancestral Domain – areas nap ag aari ng mga indigenous peoples)
-Recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures,
traditions and institutions.
-Guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure
of human rights and freedoms without distinction or discrimination;
-Take measures, with the participation of the ICCs/IPs concerned, to protect their rights and
guarantee respect for their cultural integrity
RA 8293 “Intellectual Property Code of the Philippines.”
1. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted
citizens to their intellectual property and creations, particularly when beneficial to the people
2. It is also the policy of the State to streamline administrative procedures of registering patents,
trademarks and copyright, to liberalize the registration on the transfer of technology, and to
enhance the enforcement of intellectual property rights in the Philippines.
(INTELLECTUAL PROPERTY OFFICE – isang agency ng gobyerno na syang in-charge para
iimplement itong nasasaad sa RA 8293)

HUMAN RIGHTS INITIATIVE

DEPARTMENT OF JUSTICE- SERVES AS LEGAL COUNSEL AND PROSECUTION
ARM

RESPONSIBILITIES
Administration of the Criminal Justice System
Legal Counsel of Government
Provision of Free Legal Assistance

RA 8505 “The Rape Victim Assistance and Protection Act of 1998”

Rape Crisis Center – it should be established by the DSWD, DOH, DOJ, DILG
(a) Providing rape victims with psychological counselling, medical and health services, including
their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of
cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for the family
of rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public
prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human
rights and responsibilities; gender sensitivity and legal management of rape cases; (g) Adopting
and implementing programs for the recovery of rape victims
RA 7309 “Victims Compensation Program”
- Binuo ang Board of Claims under the supervision of DOJ. Si Board of Claims ay
binubuo ng Chairman at dalawang miyembro na inappoint o pinili ng Secretary of
DOJ. Si Board of Claims ang syang mag iinvestigate at mag hahandle ng mga claims
or compensation.
- Why we created Board of Claims? Sa ilaim ng RA7309 kase in judicial process pag
pag file ng claim para sa compensation or those victims of crimes ay medyo matagal
kaya ngayon itong mga Congress they opted na gumawa ng isang administrative
procedure para yung mga claims ay dun na lamang ifafile sa Board of Claims
Persons have been accused and imprisoned for crimes they did not commit, only to be
subsequently acquitted. Government and society have become notably indifferent to victims of
crimes and criminals. A judicial way of filing a claim for compensation may be too long.
Congress opted for an administrative procedure of filing the claims by creating the Board of
Claims.

WHO MAY APPLY FOR COMPENSATION?

1. A person who was unjustly accused convicted and imprisoned and subsequently released
by virtue of a judgment of acquittal;
2. A person who was unjustly detained and released without being charged;
3. A person who is a victim of arbitrary detention by the authorities as defined in the
Revised Penal Code under a final judgment of the court
4. A person who is a victim of a violent crime which includes rape and offenses committed
with malice

RA 10368 "Human Rights Victims Reparation and Recognition Act of 2013″

- Nagbibigay ng reparation or compensation para sa victim ng human rights violation.

TWO TYPES OF REPARATION

ENTITLEMENT TO MONETARY REPARATION
The amount of reparation under this Act shall be in proportion to the gravity of the human rights
violation committed on the HRVV
- Ang ibibigay na amount sa victims ay depende sa bigat ng human rights
NON-MONETARY REPARATION
DOH, CHED, DSWD, DEPED AND TESDA shall render the necessary services as
nonmonetary reparation for HRVVs and/or their families
- Naiibigay na services ng DOH, CHED etc,. para sa HRVV or the Human Rights
Violation Victim at pati narin sa kanyang pamilya

COMMISSION ON HUMAN RIGHTS – nagsasagawa ng investigation para sa violation ng

human rights
MAJOR FUNCTION OF COMISSION OF HUMAN RIGHTS
Human Rights Protection – protektado ang karapatan ng tao within the country
Human Rights Promotion – siguraduhin na napopromote ang human rights
Human Rights Policy Advisory – pagbibigay ng advisory sa policies tungkol sa human rights

OTHER POWERS AND FUNCTION

-Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights
-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
-Exercise visitorial powers over jails, prisons, or detention facilities
-Establish a continuing program of research, education, and information to enhance respect for
the primacy of human right

PUNISHMENT AND TREATMENT

PUNISHMENT
-Some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or
misdemeanor, or for the omission of the performance of an act required by law, by the judgment
and command of some lawful court.
-involves the imposition by the State, for purposes of retribution or deterrence, of burdens on an
individual who has violated legal prohibitions. (isang bagay na pinapataw ng state sa isang tao na
nakalabag sa batas
-imposes unpleasant consequences because of an offender's past offense. (kabayaran para dun sa
isang maling bagay na ginawa ng isang tao)
-Imprisonment/incarceration
-fine

TREATMENT
-Treatment implies something being done to help people get better, to reach recovery. It is a
psychosocial intervention which may be packaged with other interventions such as medication
and harm reduction
-seeks to alleviate undesirable conditions in order to improve the offender's future welfare.
-focuses on the mental health, status and future welfare of the individual rather than on the
commission of a prohibited act.
-Rehabilitation
-Therapeutic/Treatment Modalities