NOTES ON HUMAN RIGHTS LAW
FUNDAMENTAL PRINCIPLES
Human Rights
- universally accepted traits and a1ributes of an individual,
along with what is generally considered to be his inherent
and inalienable rights, encompassing almost all aspects of life
- rights which a person is en:tled by reason of him being part
of the human family
- rights which human beings cannot live with dignity, freedom,
and jus:ce in any na:on or state regardless or color, place,
birth, ethnicity, race, religion, or sex or any such
considera:ons
Human Rights Reflected in the Philippine ConsDtuDon
§ Sec:on 11, Ar:cle II, 1987 Philippine Cons:tu:on
“The State values the dignity of every human person and
guarantees full respect for human rights.”
§ Sec:on 1, Ar:cle XIII, 1987 Philippine Cons:tu:on
“The Congress shall give highest priority to the enactment
of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and
poli:cal inequali:es, and remove cultural inequi:es by
equitably diffusing wealth and poli:cal power for the
common good.”
Concept of Human
- Human rights refer to the rights which belong to a human
person or being. Hence, for these rights to exist, there should
be “human” in existence
- In the case of Imbong vs Ochoa, human person begin to exist
when a woman’s egg cell is fer:lized by a man’s sperm cell.
EvoluDon of the Concept of Human Rights
- According to Greek Stoicism Philosophy, every human person
should live in accordance with nature. Considering that every
person has the capacity to reason, it is incumbent upon them
to respect each other. Hence, the idea that every person,
naturally equipped with capacity to reason out, are all equal.
- According to Ulpian, a jurist from the Roman Empire, men
and women are equal and are born free.
- The early wri:ng of Hugo Gro<us, On the Law of War and
Peace, reinforces stoic philosophy of reason and natural law
- According to John Locke, “human beings’ reason should tell
them that they should not harm others because all human
beings were created by the same divine force, and therefore,
shared certain rights.” (natural law and ra:onal thoughts)
- Thomas Hobbes introduced the idea of simple freedom and
liber:es, and its consequen:al obliga:ons. According to him,
although a person has the right to self-preserva:on, he
cannot exercise it without boundaries to the extent of
harming the respec:ve rights of his fellow human being.
- Both John Locke and Thomas Hobbes agreed that all human
rights emanate from “one right” which pertains to the “right
of an individual to preserve his life.”
Term “Human Rights” Formally Introduced
- AZer World War II, as derived from the texts of the 1945
UNCHR and in the 1948 UN Declara:on of Human Rights
- Subsequent interna:onal documents that are regarded as
Interna:onal Bill of Human Rights are the
- Interna:onal Covenant on Economic, Social and Cultural
Rights (ICESCR)
- Interna:onal Covenant on Civil and Poli:cal Rights (ICCPR)
AMributes of Human Rights
a. Universal – apply to all persons by reason of being human
b. Interdependent and Indivisible – all rights operate as a
unified whole in order to give full realiza:on to the
concep:on and protec:on of the dignity of a human person
c. Inalienable – cannot be removed out of a human person
just because of his par:cular status or circumstance
d. Inherent – human rights are birth rights
ClassificaDons of Human Rights
a. Civil – rights which an individual ci:zen may personally
invoke against the State (e.g., Bill of Rights)
b. PoliDcal – those which guarantee a ci:zen the authority to
par:cipate in the running of the affairs of the government
(e.g., right to suffrage)
c. Economic, Social, and Cultural – rights which recognize,
protect and guarantee the person’s right to educa:on,
housing, adequate standard of living, health and science
and culture. These are en:tlement rights.
“The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the
na:on and free the people from poverty through policies
that provide adequate social services, promote full
employment, a rising standard of living, and an improved
quality of life for all.” SecDon 9, ArDcle II, 1987 ConsDtuDon
 NOTES ON HUMAN RIGHTS LAW
LegiDmate LimitaDons on Human Rights
- In order to qualify as a valid interference on an individual’s
human rights, it must be established that these are
propor:onate to the result intended by that curtailment
a. Is there a legi:mate aim to the interference?
b. Is interference prescribed by a clear and accessible law?
c. Is interference propor:onate to the iden:fied
legi:mate aim and necessary in a democra:c society?
- Restric:on of human rights may be exercised by the State
through police power. Police power must be for a legiDmate
purpose and must be done through lawful means.
- Void-For-Vagueness Doctrine – a valid law must be clear as
to its terms in order to properly inform the people of such
restric:on. Otherwise, it is void or inexistent.
DefiniDon of Human Rights Law
- Human Rights Law is a rule of conduct created for the
promo:on and protec:on of human rights
- Human rights are inherent to human beings and are not
conferred, created, or granted by any authority.
HUMAN RIGHTS AND THE ROLE OF THE STATE
State as a Guardian of Human Rights
- Has the obliga:on to secure the enforcement of human rights
as well as prevent or punish any of its viola:ons
Basis of the State’s ObligaDon
- Cons:tu:on, textualizing the duty in rela:on to human rights
- Sovereignty resides with people and not with government
- If the Cons:tu:on is silent, it is s:ll duty-bound to assume
the role of guarantor of human rights on account of it being
a member of the community of States
- Interna:onal legal instruments
- Generally accepted principles and customary interna:onal
law which form part of the law of the land
ObligaDon of the Philippine Government
To Enforce and Protect Human Right
A. Congress enacts law enforcing and protec:ng human rights
B. ExecuDve implements the laws enacted by the Congress
C. Judiciary reviews the validity and cons:tu:onality of the
laws as well as grant redress in cases of viola:ons
Human Rights ViolaDons – take place when a person’s
freedom and rights as human person is violated or if he is
denied of the enjoyment of such rights
Human Rights ViolaDons of State Actors
- This can be commi1ed by the State and by its agents by
reason of their duty as guarantor of human rights
Respect-Protect-Fulfill Doctrinal Trichotomy
The obliga:on to respect requires States to refrain from
interfering with the enjoyment of economic, social and
cultural rights. Thus, the right to housing is violated if the
State engages in arbitrary forced evic:ons. The obliga:on to
protect requires States to prevent viola:ons of such rights by
third par:es. Thus, the failure to ensure that private
employers comply with basic labour standards may amount
to a viola:on of the right to work or the right to just and
favourable condi:ons of work. The obliga:on to fulfil
requires States to take appropriate legisla:ve, administra:ve,
budgetary, judicial and other measures towards the full
realiza:on of such rights. Thus, the failure of States to provide
essen:al primary health care to those in need may amount
to a viola:on. (Maastricht Guidelines…)
1. Responsibility to Protect
a. ObligaDon within State JurisdicDon
- See to it that no human right guarantees are
violated by non-state actor within its jurisdic:on
- Enactment of laws to prevent viola:on
- Punishing of acts amoun:ng to viola:ons
b. Duty of the State to the InternaDonal Community
- Obliga:on to intervene into the internal affairs
of another state in cases the la1er commits
mass atroci:es against its people
Three Components
1) Iden:fica:on of State as duty-bearer
2) Predominant focus on interven:on in the
affairs of other states to protect individuals
3) Focus on large-scale mass atroci:es as
cons:tu:ng the circumstances in which
such a responsibility is ac:vated
2. Responsibility to Respect
- Nega:ve duty of the State not to deny any person of
the enjoyment of his rights
3. Responsibility to Fulfill
- States have the obliga:on to perform posi:ve acts in
the realiza:on of the rights of its people (e.g., grant of
free public elementary and high school instruc:on)
Human Rights ViolaDons of State Actors
- This can be commi1ed by business corpora:ons due to the
“delega:on or outsourcing of the powers and func:ons by
states in a globalized ad free market economy”
 NOTES ON HUMAN RIGHTS LAW
CONSTITUTIONAL AND
STATUTORY GUARANTEES OF HUMAN RIGHTS
1. Right to Life
- To be alive and to fully enjoy life with dignity and honor
2. Right to Liberty
- right not be unjustly deprived of his right to move from
one place to the other or to be illegally detained
- includes freedom to make choices that are in:mately
related to a person's own defini:on of humanity
3. Right to Freedom of Expression
- liberty to discuss publicly and truthfully any ma1er of
public interest without (1) censorship and (2) punishment
- Unprotected speeches: libelous, sedi:ous, obscene and
subversive
- Includes right to be silent
4. Right to Assembly
- Right to peaceably assemble and pe::on the government
for redress of the wrong
- Assembly means right to meet peaceably for
consulta:on in respect to public affairs
- Pe::on means any person can apply, without fear of
penalty, to the appropriate branch or office of the
government for a redress of grievances.
- Right to peaceably assemble and pe::on can be denied
on the ground of clear and present danger to public order,
public safety, public convenience, public morals, or public
health
5. Right to Privacy
- right to privacy in communica:on and correspondence
- right against unreasonable searches and seizures
- Requisites of Valid Search Warrant
1. issued upon probable cause
2. probable cause determined personally by the judge
3. judge must examine under oath or affirma:on the
complainant and the witnesses he may present
4. warrant must par:cularly describe the place to be
searched and the persons or things to be seized
- Valid Search Without Warrant
1. Warrantless search incidental to lawful arrest
2. Evidence in plain view
3. Search of moving vehicle
4. Consented warrantless search
5. Customs search
6. Stop and Frisk
7. Search under exigent and emergency circumstances
6. Right to Religious Liberty
No law shall be made respec:ng an establishment of
religion, or prohibi:ng the free exercise thereof. The free
exercise and enjoyment of religious profession and
worship, without discrimina:on or preference, shall forever
be allowed. No religious test shall be required for the
exercise of civil or poli:cal rights.
SecDon 5, ArDcle III, 1987 Philippine ConsDtuDon
7. Right to Travel and Residence
- Right to move from one place to another
- Can be limited by the government through as law in the
interest of na:onal security, public safety, or public
health or by court order
- Right to establish residence from one place to another
- May be limited through lawful order of the court
8. Right to InformaDon
- Right to informa:on on ma1ers of public concern, access
to official records, and to documents and papers
pertaining to official acts, transac:ons, or decisions, as
well as to government research data used as basis for
policy development
- May be limited by Congress through a valid law
- Includes right to inspect official informa:on on on-going
nego:a:ons before final agreement
- Excep:on: those which are classified as privileged
9. Right to Freedom to Associate
- All persons, public or private employment, have the right
to join or form an associa:on not contrary to law
- The right to associate includes the right not to associate
- The right cannot be invoked in cases where the
organiza:on to be formed, joined in or affiliated with is
for the purposes of comminng subversive ac:vi:es
against the government
10. Right to Free Access to Courts and Free Legal Assistance
- Right to access to jus:ce basically refers to the right of a
person to “formally appear in court”
- The opportunity to present his case before a judicial body
with the end in view of seeking redress for any injuries he
sustained or causes of ac:on he righoully have
- Pauper Li:gant refers to one who has no money or
property sufficient and available for food, shelter and
basic necessi:es for himself and his family
- income does not exceed double the minimum wage
- does not own real property with fair market of value as
stated in current tax declara:on of more than P300,000
- The right shall not be denied by reason of their inability
to pay necessary fees
 NOTES ON HUMAN RIGHTS LAW
11. Right Against Involuntary Servitude
- No involuntary servitude in any form shall exist except as
a punishment for a crime whereof the party shall have
been duly convicted. Sec. 18(2), Art III, 1987 ConsDtuDon
- Compulsory labor imposed against a person’s free will
- Involuntary servitude may be imposed against a person as
a punishment aZer he was validly convicted
- Slavery is the condi:on of an individual who works for
another individual against his or her will as a result of
force, coercion, or imprisonment, regardless of whether
the individual is paid for labor
12. Right Against Excessive Fines and Cruel, Degrading, or
Inhuman Punishment
- Penalty is excessive if it is clearly dispropor:onate or too
severe for a penalty to be obnoxious to the Cons:tu:on
- Flagrantly and plainly oppressive
- Wholly dispropor:onate to the nature of the offense as
to shock the moral sense of the community
13. Right to Health
- The State shall protect and promote the right to health of
the people and ins:ll health consciousness among them
SecDon 15, ArDcle II, 1987 ConsDtuDon
- The State shall adopt an integrated and comprehensive
approach to health development
SecDon 11, ArDcle XIII, 1987 ConsDtuDon
- The State shall establish and maintain an effec:ve food
and drug regulatory system
SecDon 12, ArDcle XIII, 1987 ConsDtuDon
- The State shall undertake appropriate health manpower
development and research, responsive to the country’s
health needs and problems
SecDon 12, ArDcle XIII, 1987 ConsDtuDon
- The State shall protect consumers from trade
malprac:ces and from substandard or hazardous
products. SecDon 9, ArDcle XvI, 1987 ConsDtuDon
14. Right to Environment
- The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature. Sec. 16, Art. II, Const.
- This right carries with it the correla:ve duty to refrain
from impairing the environment
- Concerns self-preserva:on and self-perpetua:on
- Viola:ons of this right are ac:onable wrong
15. Right of the Accused
- Right to be presumed innocent
- Right to criminal due process
- Right to be informed of the nature and cause of the
accusa:on against him
- Right to speedy, impar:al, and public trial
- Right to confront the witnesses against him
- Right to have compulsory processes to secure the
a1endance of witnesses and the produc:on of evidence
in his behalf
Right to Criminal Due Process
i. Accused has been heard in court of competent jurisdic:on
ii. Accused proceeded against under orderly processes of law
iii. Accused has been given no:ce and opportunity to be heard
iv. Judgment rendered was within the authority of
cons:tu:onal law
16. Right of a Person during Custodial InvesDgaDon
- Custodial inves:ga:on commences as soon as the
inves:ga:on ceases to be a general inquiry into unsolved
crime and begins to focus on a par:cular suspect, the
suspect is taken into custody, and the police carries out a
process of interroga:ons that tends itself to elici:ng
incrimina:ng statements that the rule begins to operate
- Person taken to custody for ques:oning shall be afforded:
- Right to remain silent
- Right to have a competent and independent counsel
preferably of his own choice
- Right against torture, force, violence, threat,
in:mida:on, or any other means which vi:ates free will
- Right against secret deten:on places, solitary,
incommunicado, or other similar forms of deten:on
- Miranda Right
- Right to be silent
- Right to counsel
- Right to be informed of his Miranda Rights
17. Right to EducaDon
- The State shall give priority to educa:on, science and
technology, arts, culture, and sports to foster patrio:sm
and na:onalism, accelerate social progress, and promote
total human libera:on and development.
SecDon 17, ArDcle II, 1987 ConsDtuDon
- Establish and maintain a system of free public educa:on
in the elementary and high school levels. Without limi:ng
the natural right of parents to rear their children,
elementary educa:on is compulsory for all children of
school age. SecDon 2 (2), ArDcle XIV, 1987 ConsDtuDon
- Establish and maintain a system of scholarship grants,
student loan programs, subsidies, and other incen:ves
which shall be available to deserving students in both
public and private schools, especially to the
underprivileged. Sec. 2 (3), ArDcle XIV, 1987 ConsDtuDon
 NOTES ON HUMAN RIGHTS LAW

18. Labor Rights 20. Women’s Rights

- Right to full employment and equality of employment
opportuni:es for all
- Employment opportuni:es shall be equal regardless of
sex, race, or creed
- Principle of Equal Pay for Equal Work
- Right to self-organiza:on, collec:ve bargaining and
nego:a:ons, and peaceful concerted ac:vi:es
- It is a declared policy that the State shall recognize the
role of women in na:on-building, and shall ensure the
fundamental equality before the law of women and men
- The right to choose marriage as part of a woman’s
personal liberty and privacy
21. Children’s Rights

- Right to self-organizaDon – right to join, form, or assist
labor organiza:on (union or associa:on of employees
which exists in whole or in part for the purpose of
collec:ve bargaining or of dealing with employers
concerning the terms and condi:ons of employment)
- Establish and maintain a system of free public educa:on
in the elementary and high school levels. Without limi:ng
the natural right of parents to rear their children,
elementary educa:on is compulsory for all children of
school age. SecDon 2 (2), ArDcle XIV, 1987 ConsDtuDon

- Strike – any temporary stoppage of work by the - The right of children to assistance, including proper care
concerted ac:on of employees as a result of an and nutri:on, and special protec:on from all forms of
industrial or labor dispute neglect, abuse, cruelty, exploita:on, and other condi:ons
prejudicial to their development.
- Right to security of tenure, humane condi:ons of work, SecDon 3 (2), ArDcle XV, 1987 ConsDtuDon
and a living wage
- Security of tenure - employees may not be terminated
from regular employment except for jus or authorized
causes under the Labor Code and other per:nent laws.

- Right to par:cipate in policy and decision-making

processes affec:ng their right and benefits

- Just share in the fruits of produc:on

19. Right to Adequate Housing

- The State shall, by law, and for the common good,

undertake, in coopera:on with the public sector, a
con:nuing program of urban land reform and housing
which will make available at affordable cost decent
housing and basic services to underprivileged and
homeless ci:zens in urban centers and rese1lements
areas. It shall also promote adequate employment
opportuni:es to such ci:zens. In the implementa:on of
such program the State shall respect the rights of small
property owners. SecDon 9, ArDcle XIII, ConsDtuDon

- Urban or rural poor dwellers shall not be evicted nor their

dwellings demolished, except in accordance with law and
in a just and humane manner.

No rese1lement of urban or rural dwellers shall be

undertaken without adequate consulta:on with them
and the communi:es where they are to be relocated
SecDon 10, ArDcle XIII, 1987 ConsDtuDon