EDUCATION ON HUMAN RIGHTS

Background

Article XIV of the 1987 Philippine Constitution – mandated the teaching of human rights in Philippine schools.

Article XIV of the 1987 Philippine Constitution SECTION 3. (1) All educational institutions shall include the study of
the Constitution as part of the curricula.

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.

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.

Commission on Human Rights

COMPOSITION: The Commission shall be composed of a Chairman and four Members who must be natural-born
citizens of the Philippines and a majority of whom shall be members of the Bar.

The Commission on Human Rights shall have the following powers and functions:

 Monitoring and Investigation: The CHR monitors and investigates human rights violations, including cases of
abuse, discrimination, and injustice.
 Advocacy and Public Awareness: It raises public awareness about human rights issues and advocates for the
protection of these rights through campaigns, reports, and educational initiatives.
 Research and Documentation: The commission conducts research on human rights conditions, documenting
violations, and producing reports that can serve as evidence for legal action or policy change.
 Access to Information: It has the power to request information and documents related to human rights cases
from government agencies, institutions, and individuals.
 Holding Hearings: The CHR can hold hearings and inquiries to gather evidence and testimonies related to
human rights violations.
 Cooperation with International Bodies: The CHR often collaborates with international human rights
organizations and works closely with United Nations bodies to address global human rights issues.
 Educational Programs: It conducts educational programs and outreach to inform the public about human
rights, empowering individuals to assert their rights.

What is Human Rights?

Human rights refer to the fundamental rights and freedoms to which all individuals are entitled, regardless of
their nationality, race, gender, religion, or other characteristics. These include the right to life, liberty, equality, and
dignity, among others, and are typically protected by national and international laws and agreements.

Classification of Human Rights

 According to Source:
 Natural or Moral Rights – God-given rights, acknowledged morally good.
 Constitutional Rights- – Guaranteed in the Constitution’s bill of rights.
 Statutory rights – Rights promulgated by the legislative body.
 According to Recipient:
 Individual rights: Accorded to individuals. (right to vote, right to own property)
 Collective rights: Also called “people’s rights” or “solidarity rights”. Rights of the society, those that can
be enjoyed only in company of others. (right to assembly, right to association)
  According to Aspect of Life:
 Civil Rights – Rights the law will enforce at the 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 eminent domain and power of
taxation).
 Political rights – Rights which enables us to participate in running the affairs of the government either
directly or indirectly. (right to vote, right to assembly)
 Cultural Rights- Rights that ensure the well-being of the individual and foster the preservation ,
enrichment and dynamic evolution of national culture based on the principle of unity in diversity. (right
to practice one’s culture, right to use own’s language)
 Economic and Social– Rights of people to self-determination, to pursue economic, social and cultural
development and financial security. (right to own property, right of employees)

 According to Derogability:
 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. (right to religion,
right to education)
 Derogable or Relative rights – Maybe suspended or restricted or limited depending on circumstances-for
preservation of social life. (right to liberty during pandemic)

Kinds of Human Right

1. First Generation
 also known as the first generation of liberty 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;
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.

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)
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

2. Second Generation
 Alson known as second generation of equality 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. 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
5. Right to rest and leisure
 6. Right to health
7. Right to shelter, etc.

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

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)

2. Third Generation

 also known as the third generation of solidarity rights. .

 intended to benefit individuals, groups and peoples and its realization will need global cooperation based
on international solidarity. Examples of these rights are:
1. Right to peace
2. Right to development
3. Environmental rights
4. Right of self-determination
5. Right to food
6. Rights of women
7. Rights of children
8. Right to humanitarian disaster relief
9. (The latest right is) the right to water

In the Philippines, the third generation can be found in the 1987 Constitution, particularly in:
 Article II, Declaration of Principles and State Policies
 Article XV, The Family
Special laws were also created, namely:
 Republic Act No. 7192 (Women in Development and Nation-Building Act)
 Republic Act No. 8505 (Rape Victim Assistance and Protection Act of 1998)
 Republic Act No. 6955 (Declares Unlawful the Practice of Matching Filipino Women for
Marriage To Foreign Nationals on a Mail Order Basis)
 Republic Act No. 9710 (An Act Providing for the Magna Carta of Women)
 Republic Act No. 7610 (An Act Providing For Stronger Deterrence and Special Protection
Against Child Abuse, etc.)
 Republic Act No. 8749 (Philippine Clean Air Act of1999)
 Republic Act No. 9003 (Ecological Solid Waste Management and Protection Act)
 Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act)

INTERNATIONAL HUMAN RIGHTS PRINCIPLES AND DOCTRINES

DOMESTIC LAW- Also known as Municipal Law or National Law, it refers to the national, domestic, or internal law of
a sovereign state defined in opposition to international law.
INTERNATIONAL LAW- It refers to the set of laws that govern relations between countries, as established by custom
and agreement. It is also called LAW OF NATIONS.

DOCTRINE OF INCORPORATION - states the rules of International law automatically from part of domestic or
municipal law.

DOCTRINE OF TRANSFORMATION - states that international law only forms a part of domestic municipal law if
accepted as such by statute or judicial decisions.

NEGATIVE HUMAN RIGHT - It is a right not to be subjected to an action of another person or group; negative rights
permit or oblige inaction

POSITIVE HUMAN RIGHT - It is a right to be subjected to an action of another person or group; positive rights permit
or oblige action.

CHARACTERISTICS OF HUMAN RIGHTS

1. Universality - human rights belong to everyone no matter their differences and wherever they are because
they are human beings endowed with dignity.
2. Inalienable - not transferable to another capable of being repudiated. Inalienable rights are those that are
inherent to each person and that cannot be taken away from each individual.

TRIPARTITE FORMULATION OF HUMAN RIGHTS

 Indivisibility
 Interdependence
 Interrelatedness