CHUMRIGHTSED institutions or individuals.

But the fact remains that there are

WEEK 1
INTRODUCTION TO HUMAN RIGHTS EDUCATION
Democracy is a valued principle, so much so that some
people have sacrificed their lives to fight for it. While no
system is perfect it seems that democracy is once again under
assault. What are the challenges posed in a democratic
system and are established safeguards helping to strengthen
democracy or are their forces successfully weakening it?
Human rights in the Philippines pertains to the concept,
practice, and issues of human rights within the Philippine
archipelago. The concept of "human) rights," in the context of
the Philippines, pertains mainly (but is not limited) to the
following: 1) to the civil and political rights of a person, 2) living
in the Philippines by reason of the 1987 Philippines
Constitution.
rampant human rights violations around the world.
To further promote the importance of human rights in the
Philippines December to 10 of year marked as National
Human Rights Consciousness week Republic Act No, 9201.
The Commission on an independent office by the Constitution
of the Philippines, With the primary function of all human
violations involving and political rights in the Philippines.
The Commission is composed of a chairperson and four
members. The Constitution requires that a majority of the
Commission members must be lawyers.
The Commission originated from the Presidential Committee
on Human Rights established in 1986 by President Corazon
Aquino, which was] chaired by former Senator Jose Diokno
and former Supreme Court Associate Justice J.B.L. Reyes. A
separate Commission on Human Rights was established upon
the promulgation of the 1987 Constitution.

Human rights are a justified set of claims that set moral
standards to members of the human race, not exclusive to a
specific community or citizenship. Membership in the human
race is the sole qualification to obtain these rights. Human
rights, unlike areaspecific conventions of international laws
(e.g. European Convention on Human Rights and International
Covenant on Civil and Political Rights and on Economic,
Social and Cultural Rights), are universally justifiable as it
pertains to the entire human race, regardless of geographical
location.
The Philippines is a signatory to the Universal Declaration of
Human Rights (UDHR) drafted by the United Nations (UN) in
the 1948. The Universal Declaration of Human Rights was
adopted, alongside the Genocide Convention and the
Convention on the Elimination of All Forms of Racial
Discrimination. by the United Nations in to the tragic and
horrendous violations of human rights during the second
World war. The United Nations Charter. a treaty. Was created
in order to define what roles, powers, and duties the Nations
is allowed to practice in dealing with international relations.
Article I of the UN Charter states that the UN aims:
Functions of Commission on Human Rights (CHR)
Under Section 18, Article XIII of the Philippine Constitution,
the Commission is empowered to investigate all forms of
human rights violations involving civil and political rights, adopt
rules of procedure and issue contempt citations, provide
appropriate legal measures for the protection of human rights
of all persons within the Philippines, and several other Powers
in relation to the protection of human rights.
The Supreme Court of the Philippines; in Carifio v.
Commission on Human Rights, 204 SCRA483 (1991 ),
declared that the Commission did not possess the power of
adjudication, and emphasized that its functions were primarily
investigatory.[31The Commission of Human Rights
established by the 1987 Constitution was envisioned to be,
first and foremost, an independent body capable of ensuring
that human rights as an inherent part of the right to life
guaranteed by the Bill of Rights is protected, pursuant to treaty
manner befitting the memory of those who had fallen in their
quest restore democracy to the country.

To achieve international co-operation in solving international

problems of an economic, social, cultural, or humanitarian
character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without
distinction as to race, sex, according to the Charter, the
jurisdiction of the United Nations is to provide cooperation
among the nations, and not act as an international
government. The UN Charter paved the way for the drafting of
the UDHR. The UDHR aims to promote "universal respect for,
and the observance of, human rights." Thus, the UDHR
sincerely a declaration for each signatory to adopt to its own
political system. The significance of the UDHR as stated in its
Preamble is: “Whereas a common understanding of these
rights and freedoms is of the greatest Importance for the full
realization of this pledge."

As a signatory to the UDHR, the Philippines then declares an

understanding and adherence of these fundamental and
inalienable rights to its population. The Philippines has
adhered to the UDHR through the Bill of Rights, and continued
to create laws and policies that cater to a specific sector, like
the Labor Code and the Indigenous Peoples' Rights.

The concept may be problematic in the Philippines, but human

rights are a vital component of most modern democracies.
Human rights allow a person to go live with dignity and in
peace, away from the abuses that can be inflicted by abusive
 A Concise History of Human Rights
Cyrus the Great, the first king of Persia, treed the slaves of
Babylon, 539 B C.
In 539 B.C., the armies of Cyrus the Great, the first king of
ancient Persia, conquered the city of Babylon. But it was his
next actions that marked a major advance for Man. He freed
the slaves, declared that all people had the right to choose
their own religion, and established racial equality. These and
other decrees were recorded on a-baked-clay cylinder in the
Akkadian language with cuneiform script.
Known today as the Cyrus Cylinder, this ancient record has
now been recognized as the world's first charter of human
rights. It is translated into all official languages of the
United Nations and its provisions parallel the first four Articles
of the Universal Declaration of Human Rights.
THE SPREAD OF HUMAN RIGHTS
From Babylon, the idea of human rights spread quickly to
India, Greece and eventually Rome. There the concept of
"natural law arose, in observation' of the fact that people
tended to follow certain unwritten laws in the course of life,
and Roman law was based on rational ideas derived from the
nature of things.
Documents asserting individual rights, such as the Magna
Carta (1215), the Petition of Right '(1628), the US Constitution
(1787), the French Declaration of the Rights of Man and of the
(1791) are the written Citizen (1789), and the US Bill of Rights
precursors to many of today's human rights documents.
The Magna Carta 1215
Magna Carta, or "Great Charter," signed by the King of
England in 1215, was a turning point in human rights. The
Magna Carta, or "Great Charter," was arguably the most
significant early influence on the extensive historical process
that led to the rule of constitutional law today in the English-
speaking world.
In 1215, after King John of England violated a number of
ancient laws and customs by which England had been
governed, his subjects forced him to sign the Magna Carta,
which enumerates what later came to be thought of as human
rights. Among them was the right of the church to be free from
governmental interference, the rights of all free citizens to own
and inherit property and to be protected from excessive taxes.
It established the right of widows who owned property to
choose not to remarry, and established principles of due
process and equality before the law. It also contained
provisions forbidding bribery and official misconduct. Widely
viewed as one of the most important legal documents in the
development of modern democracy, the Magna Carta was a
crucial turning point in the struggle to establish freedom.
PETITION OF RIGHT 1628
In 1628 the English Parliament sent this statement of civil
liberties to King Charles l.
The next recorded milestone in the development of human
rights was the Petition of Right, produced in 1628 by the
English Parliament and sent to Charles I as a statement of
civil liberties. Refusal by Parliament to finance the king's
unpopular foreign policy had caused his government to exact
forced loans and to quarter troops in subjects' houses as an
economy measure. Arbitrary arrest and imprisonment for
opposing these policies had produced in Parliament a violent
hostility to Charles and to George Villiers, the Duke of
Buckingham.
The Petition of Right, initiated by Sir Edward coke, was based
upon earlier statutes and charters and asserted four
principles: (1) No taxes may be levied without consent of
Parliament, (2) No subject may be imprisoned without cause
shown (reaffirmation of the right of habeas corpus), (3) No
soldiers may be quartered upon the citizenry, and (4) Martial
law may not be used in time of peace.
UNITED STATES DECLARATION OF INDEPENDENCE
(1776)
In 1776, Thomas Jefferson penned the American
Declaration of Independence.
On 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 a statement announcing
that the thirteen American Colonies were no longer a part of
the British Empire. Congress issued the Declaration of
Independence in several forms. It was initially published as a
printed broadsheet that was widely distributed and read to the
public.
Philosophically, the Declaration stressed two themes:
individual rights and the right of revolution. These ideas
became widely held by Americans and spread internationally
as well, influencing in particular the French Revolution.
THE CONSTITUTION OF THE UNITED STATES OF
AMERICA (1787) AND BILL OF RIGHTS (1791)
The Bill of Rights of the US Constitution protects basic
freedoms of United States citizens.
Written during the summer of 1787 in Philadelphia, the
Constitution of the United States of America is the
fundamental law of the US federal system of government and
the landmark document of the Western world. It is the oldest
written national constitution in use and defines the principal
organs of government and their jurisdictions and the basic
rights of citizens.
The first ten amendments to the Constitution—the Bill of
Rights—came into effect on December 15, 1791, limiting the
powers of the federal government of the United States and
protecting the rights of all citizens, residents, and visitors in
American territory. The Bill of Rights protects freedom of
speech, freedom of religion, the right to keep and bear arms,
the freedom of assembly and the freedom to petition. It also
prohibits unreasonable search and seizure, cruel and unusual
punishment, and compelled self- incrimination.
Among the legal protections it affords, the Bill of Rights
prohibits Congress from making any law respecting
establishment of religion and prohibits the federal government
from depriving any person of life, liberty, or property without
due process of law. In federal criminal cases it requires
indictment by a grand jury for any capital offense, or infamous
crime, guarantees a speedy public trial with an impartial jury in
the district in which the crime occurred, and prohibits double
jeopardy.
DECLARATION OF THE RIGHTS OF MAN AND OF THE
CITIZEN 1789
In 1789 the people of France brought about the abolishment of
the absolute monarchy and set the stage for the establishment
of the first French Republic. Just six weeks after the storming
of the Bastille, and barely three weeks after the abolition of
feudalism, the Declaration of the Rights of Man and of the
Citizen (French: La Déclaration des Droits de l'Homme et du
Citoyen) was adopted by the National Constituent Assembly
as the first step toward writing a constitution for the republic of
France.
Then Declaration proclaims that all citizens are to be
guaranteed the rights of "liberty, property, security and
resistance to oppression." It argues that the need for law
derives from the fact that exercise of the natural rights of each
man has only those borders which assure other members of
the society the enjoyment of these same rights." Thus, the
Declaration sees law as of rights and to forbid "only actions
harmful to the society." THE FIRST GENEVA CONVENTION
(1864)
The original document from the first Geneva Convention in
1864 provided for care to wounded soldiers.
In 1864, sixteen European countries and several American
states attended a conference in Geneva, at the invitation of
the Swiss Federal Council, on the initiative of the Geneva
Committee. The diplomatic conference was held for the
purpose of adopting a convention for the treatment of
wounded soldiers in combat.
The main principles laid down in the Convention and
maintained by the later Geneva Conventions provided for the
obligation to extend care without discrimination to wounded
and sick military personnel and respect for and marking of
medical personnel transports and equipment with the
distinctive sign of the red cross on a white background.
THE UNITED NATIONS (1945)
Fifty nations met in San Francisco in 1945 and formed the
United Nations to protect and promote peace.
World War II had ranged from 1939 to 1945, and as the end
drew near, cities throughout Europe and Asia lay in
smoldering ruins. Millions of people were dead, millions more
were homeless or starving. Russian forces were closing in on
the remnants of German resistance in Germany's bombed-out
capital of Berlin. In the Pacific, US Marines were still battling
entrenched Japanese forces on such islands as Okinawa.
In April 1945, delegates from fifty countries met in San
Francisco full of optimism and hope. The goal of the United
Nations Conference on International Organization was to
fashion an international body to promote peace and prevent
future wars. The ideals of the organization were stated in the
preamble to its proposed charter: "We the peoples of the
United Nations are determined to save succeeding
generations from the scourge of war, which twice in our
lifetime has brought untold sorrow to mankind."
charter of the new United Nations organization went into effect
on October 24, 1945, a date as United Nations Day.
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
(1948)
on October 24, 1945, in the aftermath of World War II, the
Unled Nations came into being as an intergovernmental
organization, with the purpose of saving future generations
from the devastation of international
conflict. United Nations representatives from all
regions of the world formally adopted the Universal Declaration
of Human Rights on December 10, 1948.
The Charter of the United Nations established six principal
bodies, including the General Assembly, the Security Council,
the International Court of Justice, and in relation to human
rights, an Economic and Social Council (ECOSOC).
The UN Charter empowered ECOSOC to establish
"commissions in economic and social fields and for the
promotion of human rights...." One of these was the United
Nations Human Rights Commission, which, under the
chairmanship of Eleanor Roosevelt, saw to the creation of the
Universal Declaration of Human Rights.
The Declaration was drafted by representatives of all regions
of the world and encompassed all legal traditions. Formally
adopted by the United Nations on December 10, 1948, it is the
most universal human rights document in existence,
delineating the thirty fundamental rights that form the basis for
a democratic society.
Following this historic act, the Assembly called upon all
Member countries to publicize the text of the Declaration and
cause it to be disseminated, displayed, read and expounded
Principally in schools and other educational institutions,
without distinction based on the political status of countries or
territories.
HUMAN RIGHTS
"HUMAN RIGHTS AS THOSE RIGHTS WHICH ARE
INHERENT IN OUR NATURE AND WITHOUT
WHICH
WE CANNOT LIVE AS HUMAN BEINGS"
"UNITED NATIONS"
Human dignity plays a special part of the provision of our
preamble in the 1987 Constitution. The state values the dignity
of every human person and guarantees full respect for human
rights.
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 political
inequalities, and remove cultural inequalities by equitably
diffusing wealth and political power for the common good
(Sec. 11, Art. II, Philippine Constitution).
WEEK 2
WHAT ARE HUMAN RIGHTS?
It is a difficult thing to stand up for what you believe in Human
Rights (HR) defined as those basic standards without which
people cannot live in dignity as human beings. HR is the
foundation of freedom, justice, and peace.
The basis of HR, such as respect for human life & human
dignity can be found in most religions and philosophies.
 • Confucian: do not do unto others what you would
not have them done unto you.
• Islam advocates: No one of you is a believer, until
he desires for his brother, that which he desires for
himself.
• Christianity teaches: In everything, do to others just
what you want them to do for you.
HUMAN RIGHTS are birth right.
• Those rights which are inherent in our nature and
without which we cannot live as human beings.
• HR Abuses are causes of conflict — (HR abuses
escalate conflict)  The root of internal conflict is due
to the denial of human rights.
Understanding Human Rights
• UN definition: those rights, which are inherent in our
nature and without which, we cannot live as human
beings.
• CHR definition: those rights that are supreme.
inherent & inalienable rights to life, dignity and to self-
development.
HUMAN RIGHTS DEFINITION
Human rights may be defined as "the supreme, inherent and
inalienable rights to life, to dignity, and to self-development. It
is the essence of these rights that makes man human. Human
rights are fundamental freedoms which are necessary and
indispensable in order to enable every member of the human
race to live a life of dignity.
It is the essence of these rights that makes man human. HR
refer to those individual rights & fundamental freedoms that
pertain to the human person by reason of his humanity,
whether they are civil & political (CPR); and economic, social
& cultural rights (ESCR).
Human Rights also pertain to those Rights which are inherits
in our nature and without which we cannot live as human
beings. Human Rights and fundamental freedoms allow us to
develop, and uses are Qualities, Intelligent, Talents, and
conscience, and to satisfy our spiritual and other needs. The
dignity of humans is inviolable.
From the Dignity is derive the right of every person to free
development of his or her personality.
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.
As the first sentence of the Universal declaration of Human
Rights states, “respect for human Rights and human dignity is
a Foundation freedom, Justice and peace in the world”.
CARACTERISTICS OF HUMAN RIGHTS
• INHERENT – Innate in us. They are not granted by
any Authority. They do not need any Event for their
existence.
• INALIENABLE – They cannot be separated,
transferred, or taken away from another individual.
They cannot have given away or be forfeited.
• UNIVERSAL – Human rights belong to all people
regardless of their Sex, Race, Color, Language,
National Origin, Age, Class, Religion or Political
Beliefs.
• INDIVISABLE – They cannot be divided and cannot
be denied even when other rights have been
enjoyed.
• INTER-RELATED AND INTERDEPENDENT – The
fulfilment or exercise of one cannot be ha without the
realization of other. Each one Contributes to the
realization of the other. Each one Contributes to the
realization of a person’s human Dignity.
• PRINCIPLE OF EQUALITY – Even the law of nature
made manifest this basic principle by the fact that all
human beings, male or female, are born naked &
helpless.
• HUMAN RIGHTS ARE IMPRESCRIPTIBLE –
Human rights are not lost by mere passage of time.
Human rights do not prescribe even if a person fails
to use or was prevented from asserting them. The
indivisibility of human rights is a manifestation that a
person cannot be denied or deprived of his or her
human rights, notwithstanding that he or she has
already enjoyed or is already enjoying other rights.
Human rights are not piece meal rights and
freedoms, hence, not capable of being divided.
CLASSIFICATION OF RIGHTS
1. ACCORDING TO SOURCE:
• HUMAN RIGHTS – Rights that belong to an
individual or group of individuals simply for being
human, or as a consequence of inherit human
vulnerability, or because they are requisite to the
possibility of a Just Society.
• NATURAL RIGHTS – They may be unwritten but
acknowledge by everyone as morally good. They
prevail as norms of the society. JHON LOCKE
envisioned human being in a state nature. In that
state, they enjoy Life, Liberty, and Property which are
deemed natural Rights.
• CONSTITUTIONAL RIGHTS – Rights enshrined in
the Constitution. They cannot be removed unless the
Constitution is amended.
• STATUTORY RIGHTS – Rights which are provided
by the Law, promulgate by a Law-making body, and
therefor may be abolished by the same body.
Statutory Rights are different from human Rights.
• INTERNATIONAL BILL OF HUMAN RIGHTS:
o Universal Declaration of Human Right
(UDHR) o International Covenant on Civil
and Political Rights (ICCPR) o International
Covenant on Economic, Social and Cultural
Rights (ICESCR).
• SUBSEQUENT INTERNATIONAL HUMAN RIGTHS
DOCUMENTS:
o International Covenant on the Elimination of
All Forms of Racial
Discrimination (ICERD) o Convention on
the Elimination of All Forms of Discrimination
Against
Women (CEDAW)
o Convention on the Rights of the Child (CRC)
o Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment of
Punishment (CAT)
  RELEVANT HR PROVISIONS OF THE
1987 CONSTITUTION
o Bill of Rights —Art. Ill, Sections 1-22
o Declaration of Principles and State
Policies —Art. II, Sections 1-5 and 7,
9, 23 o Social Justice
and Human Rights -Art.
XIII, Sections 17-18
2. ACCORDING TO ASPECTS OF LIFE:
• CIVIL RIGHTS – Guarantee of an equal and social
protection under the law, Regardless of the Race,
Religion, or other personal Characteristics.
• POLITICAL RIGHTS – Rights that enable us to
participate in running the affairs of the Government
either directly or indirectly. (i.e., right to vote, right to
information on matters of public concerns, and right
to initiative and referendum)
• ECONOMIC AND SOCIAL RIGHTS – Those rights
which the law confers upon the people to enable
them to achieve development, thereby ensuring them
well-beings, happiness, and financial Security. (i.e.
right to property, education, and promotion of social
Justice).
• CULTURAL RIGHTS – Those rights that ensure the
well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of
culture.
• Rights may also be Exercised in a collective manner
and realized only collectively. These known as
COLLECTIVE RIGHTS (i.e., rights of
selfdetermination, right to development, right to a
healthy environment, and right to peace)
ACCORDING TO STRUGGLE & RECOGNITION
• First Generation Rights - Civil & Political Rights
• Second Generation Rights - Economic, Social &
Cultural Rights
• Third Generation Rights - Right to Development
RIGHTS MAY ALSO BE ABSOLUTE OR NOT ABSOLUTE
• ABSOLUTE RIGHTS – Those that cannot be
suspended even in extreme emergencies nor taken
away nor restricted/limited even in emergency (i.e.,
right not to deprive of life arbitrary, freedom from the
torture, right to be recognized as a person before the
law, freedom of thought, Conscience, and religion)
• NON-ABSOLUTE RIGHTS – Those rights that may
be suspended during the emergencies (i.e., freedom
of Movement) but they have to satisfy 3 Conditions in
order to be suspended/limited:
o Provided for by the Law which is made
known to everyone concerned.
o Necessity to urgently preserved the public
good, public Health, and or
Public Safety; and o Do not
exceed what is strictly necessary to
achieve the purpose.
PRINCIPAL OBLIGATIONS OF THE STATE
The State has international commitment on human rights. The
State also has the Power, Authority, and Resources to Protect
Human Rights.
• OBLIGATIONS TO RESPECT – Requires the State
to abstain from doing anything that violates the
dignity of the individual or infringe on the individual’s
freedom. It forbids the State to act in any way that
directly encroaches upon recognized rights and
freedoms.
• OBLIGATIONS TO PROTECT – Compels that
States to take steps to prohibit others from violating
the rights. When someone violates your right the
states should investigate and prosecute those who
are responsible.
• OBLIGATIONS TO FULFILL – The States are called
upon as the ultimate provider of productive
resources, and if necessary, goods and Services to
enable you exercise your Rights.
It requires from the state not only to react appropriate
legislation, but also to take measure that promote the
realization of human rights. Require the State to make
appropriate legislative, administrative, budgetary,
judicial, and other measure towards the full realization of
human rights.
When the individuals or groups are unable to realize their
rights by the means at their disposal for reason beyond
their control, the State has the obligation to fulfill the right
question.
Three Conditions to Justify the Suspension/Limitation of
Human Rights
1. It is provided for by law which is made known to
every citizen;
2. There is a state of emergency which necessitates the
urgent preservation of the public good, public safety
and public morals; and,
3. it does not exceed what is strictly necessary to
achieve its purpose.
There are two basic classifications of human rights
CIVIL AND POLITICAL RIGHTS
Civil and Political rights are those human rights that limit the
Government in doing actions that affect people’s Autonomy
(CIVIL RIGHTS) and give the opportunity to people to
participate in political affairs (political Rights).
These fundamental freedoms and rights are enshrined in the
1966 INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS (ICCPR). The United Nation Human
Rights Committee monitors the situation on civil and political
rights.
Civil and Political rights can be understood better by how they
are group together in the International Covenant on Civil and
Political Rights. They are basically groups together in to five
(5) parts. First of all, we have the general rights and provisions
as regard to civil and political rights with article 1 to 5. The first
civil and political rights mentioned in the ICCPR are one’s right
Self-determination. As learned in the first module of this
series, human rights are grounded on human dignity, and it is
universal. Thus, at its heart should be the freedom to
determine one’s political status and overall development.
This is followed by Article 2 which touches on the right against
discriminations. We are all equal in the eyes of the law. While
in the past Human rights are dependent on one’s status in
society or in life, presently human rights are considered
universal, and thus one may not be subject another to
discrimination by reason of one’s race, gender, culture,
ethnicity, and whatnot. Furthermore, Article 2 spell out the
right to effective remedy which is important in making sure that
these rights are protected, respected, and promoted. The
same equality encapsulated in Article 2 is reiterated in Article
3 but this time regard by Gender equality.
It is important to understand and appreciate the Article 4
provision because this mentions the derogation of certain
rights on in certain circumstances but also provides the rights
that are not subjected to any derogation at all. This is followed
by Article 5 which disavows states parties on doing to the
detriment of any rights mentioned in the Covenant.
Article 6 to 11 may be regarded as core provisions for the
protection of the life, liberty, and physical securities of the
individual. They also cover the imposition of death penalty and
proscriptions of the use of torture, cruel, inhumane, and
degrading punishment, or treatment.
These provisions stipulate the limitations within which the
death penalty may be legitimately imposed by the State
parties where the death penalty has not been abolished.
These provisions recognize that there would still be state
parties-imposed death penalty but dis provisions clarify what
ought to be Parameters. Furthermore, we find specific
prohibitions are sets out concerning torture, unauthorized
medical experimentations, and slavery and force labor.
The right of a person in context of deprivations of liberty,
commonly by the arrest, and in detention are also Covered
Here Article 12 and 13 deals with movement into, out of and
within a State, with rules applicable to the expulsion of aliens.
Article 14 to 16 deal with how a person must be treated by the
judicial process. In other words, these involve one’s right to
fair trial, which some state-parties could be regarded as one
right to due process, right to adversarial trial, etc., Especially
Article 14 guarantees that the right to fair trial, a right of
fundamental importance, especially given close association
this right has to the right to an effective remedy as contained
in article 2. It sets out the rights to equality before the courts
and to fair adjudication of claims resolved before courts and
tribunals and lists a series of additional Protections applicable
to criminal trials. Article 15 prohibits retrospective criminal
punishment, while Article 16 states simply that everyone has
the right to be recognized as a person before the law.
Article 17 to 27 set out fundamentals freedoms to be enjoyed
free of unjustified external interference as well as recognitions
that human beings are social beings. Article 17 addresses that
the right to privacy which is important especially nowadays in
the context of personal information and online data. Article 18
is on freedom of thought and religion while article 19 is on
freedom of opinion and expression, provided that it is
subjected to prohibition in Article 20 of advocacy of war of
national, racial and religious hatred. Article 21 provides the
right to the peaceful assembly and Article 22 freedom of
association, including through trade unions.
The family is the basic unit of every society and Articles 23
and 24 recognize the role family unit and address and issued
the right of marriage and the rights of the children. Article 25
stands alone as the major right to political participation is
ICCPR, outlining the rights to votes and to be elected at
genuine election by universal suffrage and secret ballots as
well as the rights to take parts on the public affairs and to have
equal access to public service.
Alongside article 2, 14, and article 26 as noted above, is a
fundamental provision of ICCPR. It sets out the rights to
equality before the law and to equal protection of the law, with
a wide guarantee of nondiscrimination. Thus is a state party
conferring a particular benefit of any kind on a person or a
group of persons, it must be accorded in non-discriminatory
fashion.
Distraction drawn by the law must be based upon reasonable
and objective grounds in order to be consistent with these
provisions.
Article 27 guarantees persons belonging to ethnic, religious,
Linguistic minorities the right, in community with other
members of the group, to enjoy and practice their own culture,
religion or language. While normally express as an individual
right, these provisions, may best be understood as a group
right protecting a community of individuals.
WEEK 3
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
Women delegates from various countries played a key role in
getting women’s rights included in the Declaration. Hansa
Mehta of India (standing above Eleanor Roosevelt) is widely
credited with changing the phrase "All men are born free and
equal" to "All human beings are born free and equal" in Article
1 of the Universal Declaration of Human Rights.
Preamble
Whereas recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is
the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have
resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and
freedom from fear and want has been proclaimed as the
highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have
recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule
of law,
Whereas it is essential to promote the development of friendly
relations between nations,
Whereas the peoples of the United Nations have in the
Charter reaffirmed their faith in fundamental human rights, in
the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to
achieve, in co-operation with the United Nations, the
promotion of universal respect for and observance of human
rights and fundamental freedoms,
Whereas a common understanding of these rights and
freedoms is of the greatest importance for the full realization
of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a
common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of
society, keeping this Declaration constantly in mind, shall
strive by teaching and education to promote respect for these
rights and freedoms and by progressive measures, national
and international, to secure their universal and effective
recognition and observance, both among the peoples of
Member States themselves and among the peoples of
territories under their jurisdiction.
United Nations Universal Declaration of 30 Basic Human
Rights
Article 1 – Free and Equal
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.
 All human beings are born free and equal and should be
treated the same way.
Article 2 – Freedom from Discrimination
Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
color, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status.
Furthermore, no distinction shall be made on the basis of the
political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other
limitation of sovereignty.
 Everyone can claim their rights regardless of sex, race,
language, religion, social standing, etc.
Article 3 – Right to Life
Everyone has the right to life, liberty, and security of person.
 Everyone has the right to life and to live in freedom
and safety.
Article 4 – Freedom from Slavery
No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
 No one has the right to treat you as a slave nor should
you enslave anyone.
Article 5 – Freedom from Torture
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
 No one has the right to torture you.
Article 6 – Right to Recognition before the Law
Everyone has the right to recognition everywhere as a person
before the law.
 You should be legally protected in the same way
everywhere like anyone else.
Article 7 – Right to Equality before the Law
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
 The law is the same for everyone and should be
applied in the same manner to all.
Article 8 – Access to Justice
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the fundamental
rights granted him by the constitution or by law.
 You have the right to obtain legal help and access the
justice system when your rights are not respected.
Article 9 – Freedom from Arbitrary Detention
No one shall be subjected to arbitrary arrest, detention, or
exile.
 No one can arrest or detain you arbitrarily or send you
away from your country unjustly.
Article 10 – Right to a Fair Trial
Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the determination
of his rights and obligations and of any criminal charge
against him.
 Trials should be public and tried in a fair manner by an
impartial and independent tribunal.
Article 11 – Presumption of Innocence
Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary
for his defense.
No one shall be held guilty of any penal offence on account of
any act or omission which did not constitute a penal offence,
under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the
one that was applicable at the time the penal offence was
committed.
 You are considered innocent until it can be proved you
are guilty according to law. If accused of a crime you
have the right to a defense.
Article 12 – Right to Privacy
No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon
his honor and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
 You have the right to protection if someone tried to
harm your good name, enter your home without
permission or interfere with your correspondence.
Article 13 – Freedom of Movement
Everyone has the right to freedom of movement and
residence within the borders of each state.
Everyone has the right to leave any country, including his
own, and to return to his country.
 You have the right to leave or move within your own
country and you should be able to return.
Article 14 – Right to Asylum
Everyone has the right to seek and to enjoy in other countries
asylum from persecution. This right may not be invoked in the
case of prosecutions genuinely arising from nonpolitical
crimes or from acts contrary to the purposes and principles of
the United Nations.
 If you are persecuted at home, you have the right to
seek protection in another country.
Article 15 – Right to Nationality
Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.
 You have the right to belong to a country and have a
nationality.
Article 16 – Right to Marriage and to found a Family
Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a
family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
Marriage shall be entered into only with the free and full
consent of the intending spouses.
The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
  Men and women have the right to marry when they are
legally able without limits due to race, nationality, or
religion. Families should be protected by the
Government and the justice system.
Article 17 – Right to own Property
Everyone has the right to own property alone as well as in
association with others. No one shall be arbitrarily
deprived of his property.
 You have the right to own things. No one has the right
to illegally take them from you.
Article 18 – Freedom of Religion or Belief
Everyone has the right to freedom of thought, conscience,
and religion; this right includes freedom to change his religion
or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief
in teaching, practice, worship, and observance.
 Everyone has the right to freely manifest their religion,
to change it and to practice it alone or with others.
Article 19 – Freedom of Expression
Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without
interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.
 Everyone has the right to think and say what they like
and no one should forbid it.
Article 20 – Freedom of Assembly
Everyone has the right to freedom of peaceful
assembly and association. No one may be
compelled to belong to an association.
 You have the right to organize and participate in
peaceful meetings.
Article 21 – Right to partake in Public Affairs
Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.
Everyone has the right of equal access to public service in his
country.
The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and
genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free
voting procedures.
 Everyone has the right to take part in their country’s
political affairs and equal access to public service.
Governments should be voted for regularly.
Article 22 – Right to Social Security
Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort
and international co-operation and in accordance with the
organization and resources of each State, of the economic,
social, and cultural rights indispensable for his dignity and the
free development of his personality.
 Society should help individuals to freely develop and
make the most of all advantages offered in their
country.
Article 23 – Right to Work
Everyone has the right to work, to free choice of employment,
to just and favorable conditions of work and to protection
against unemployment.
Everyone, without any discrimination, has the right to equal
pay for equal work.
Everyone who works has the right to just and favorable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
Everyone has the right to form and to join trade unions for the
protection of his interests.
 Everyone has the right to work in just and favorable
conditions and be free to choose your work with a
salary that allows you to live and support family.
Everyone should receive equal pay for equal work.
Article 24 – Right to Leisure and Rest
Everyone has the right to rest and leisure, including
reasonable limitation of working hours and periodic holidays
with pay.
 Each workday should not be too long, and everyone
has the right to rest and take regular paid holidays.
Article 25 – Right to adequate Standard of Living
Everyone has the right to a standard of living adequate for the
health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary
social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age, or
other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock,
shall enjoy the same social protection.
 You have the right to have what you need so that you
and your family do not go hungry, homeless or fall ill.
Article 26 – Right to Education
Everyone has the right to education. Education shall be free,
at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and
professional education shall be made generally available and
higher education shall be equally accessible to all on the
basis of merit.
Education shall be directed to the full development of the
human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance, and friendship among all nations,
racial or religious groups, and shall further the activities of the
United Nations for the maintenance of peace.
Parents have a prior right to choose the kind of education that
shall be given to their children.
Human Rights Law Humanitarian Law
Establish universal rights The law of armed conflict or the
that every individuallaw of war a body of rules which in
should enjoy all times, in wartime protect persons who are
both peace and war not or no longer participating in
states are obliged vis-à- the hostilities and which limits
vis the individual living methods and means of warfare to
within their jurisdiction tomake war the least inhumane
respect and protectpossible. Warning parties,
these. traditionally states in international
conflicts, are to observe and
comply with these rules.
 You have the right to go to school, continue your studies as
far as you wish and learn regardless of race, religion, or
country of origin.
Article 27 – Right to take part in Cultural, Artistic and
Scientific Life
Everyone has the right freely to participate in the cultural life
of the community, to enjoy the arts and to share in scientific
advancement and its benefits.
Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary, or
artistic production of which he is the author.
 You have the right to share the benefits of your
community’s culture, arts and sciences.
Article 28 – Right to a Free and Fair World
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration can
be fully realized.
 To make sure your rights are respected, there must be
an order that can protect them. This order should be
global.
Article 29 – Duty to your Community
Everyone has duties to the community in which alone the free
and full development of his personality is possible.
In the exercise of his rights and freedoms, everyone shall be
subject only to such limitations as are determined by law
solely for the purpose of securing due recognition and respect
for the rights and freedoms of others and of meeting the just
requirements of morality, public order, and the general
welfare in a democratic society.
These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United Nations.
 You have duties toward the community within which
your personality can fully develop. The law should
guarantee human rights. It should allow everyone to
respect others and to be respected.
Article 30 – Rights are Inalienable
No one, institution nor individual, should act in any way to
destroy the rights enshrined in the UDHR.
 Nothing in this Declaration may be interpreted as
implying for any State, group, or person any right to engage in
any activity or to perform any act aimed at the destruction of
any of the rights and freedoms set forth herein.
WEEK 4
THE INTERNATIONAL HUMANITARIAN LAW
International humanitarian law (IHL) is a set of rules that
seek to limit the effects of armed conflict. It lays out the
responsibilities of states and non-state armed groups during an
armed conflict.
It is the international Law of Armed Conflict (LOAC), with two
general objectives and areas of concern regarding armed
conflict:
1. As to protection of its victims - ("Geneva Law" or "Red
Cross Law"); and
2. As to limitation of its methods and means ("Hague
Law").
Human rights and humanitarian law are two distinct and yet
closely related branches of the international legal system.
Distinction between Human Right Law and Humanitarian
Law
Instruments:
1. Universal Instruments
• Universal Declaration of Human Rights, adopted by
the UN General Assembly in 1948
• Convention on the Prevention and Punishment of the
Crime of Genocide of 1948
• International Covenant on Civil and Political Rights of
1966 on the International Covenant on Social and
Economic Rights of 1966
• The Convention against Torture and Other Cruel,
Inhuman, Discrimination against Women of 1981
• Convention on the Rights of the Child of 1989 or
Degrading Treatment or
Punishment of 1984
2. Regional Instruments
• the European Convention on Human Rights of 1950
• the American Convention on Human Rights of 1969
• the African Charter of Human and Peoples Rights of
1981
Concept
• Its provisions are intended both to protect people who
are not or no longer taking part in hostilities as well as
to restrict the methods and means used to wage war.
• Its purpose is to limit the suffering war causes by
affording victims the maximum possible protection and
assistance.
Scope
The greater part of international humanitarian law applies to
situations involving international armed conflicts waged
between subjects of international law. While there are only
limited rules concerning non-international armed conflicts, i.e.
Conflicts within a country, they, too, are considered of great
importance.
Key Principles
Underlying all norms in the area of humanitarian international
law is the effort to find a balance between the conflicting
interests of military necessity on the one hand and humanity on
the other.
This gives rise to the following key principles:
• Neither the conflicting parties nor members of their
armed forces have unlimited freedom in the choice of
methods and means with which to wage war.
• Hence the use of weapons and methods which inflict
excessive injuries and unnecessary suffering is
forbidden.
To protect the civilian population and civilian objects, these
must in all circumstances be a clear distinction made between
civilians and combatants.
• Neither the civilian population as a whole nor
individual civilians may be attacked.  Attacks must
be aimed exclusively at military targets.
Combatants and civilians in the power of an opposing party
have the right to have their lives and dignity respected. They
must be protected from any violence or repressive measures.
It is prohibited to kill or injure an adversary who surrenders or
is unable to continue fighting.
Institutions:
International Committee of the Red Cross (ICRC).
• Red Cross
• Red Crescent
Although it is an association under Swiss law based in Geneva,
it has international legal personality in a number of respects. In
situations of civil war, too, the ICRC is entitled under article 3 of
the Geneva conventions to offer its services to the warring
parties. The basic pre-requisite for its work is strict impartiality
and neutrality. Together with the International Federation of
Red Cross and Red Crescent Societies, the ICRC and the
National Red Cross and Red Crescent Societies form the
International Red Cross and Red Crescent Movement. Its
representatives meet with the representatives of the States
Parties to the Geneva Conventions at the international Red
Cross and Red Crescent conferences that are usually held
every four years.
International Humanitarian Law
This body of law can be defined as the principles and rules
which limit the use of violence in times of armed conflict.
History
Swiss Banker, Henry Dunant at the Battle of Solferino
International Support, Ravages of War, Dehumanizing
conditions of war
The aims are:
• To protect persons who are not, or are no longer,
directly engaged in hostilitiesthe wounded,
shipwrecked, prisoners of war and civilians.
• To limit the effects of violence in fighting to the
attainment of the objectives of the conflict.
Essential Rules
• The parties to a conflict must at all times distinguish
between the civilian population and combatants in
order to spare the civilian population and civilian
property.
• It is forbidden to kill or wound an adversary who
surrenders or who can no longer take part in the
fighting.
The IHL Means (methods) of Warfare
• Limitations on means and methods of warfare.
• Declaration of Saint Petersburg (1868)
• Protocol on Prohibitions or Restrictions on the Use of
Incendiary Weapons
(Protocol Ill)
• Protocol on Blinding Laser Weapons (Protocol IV)
(1995)
• Protocol V on Explosive Remnants of War (2003)
WEEK 5
THE 1987 PHILIPPINE CONSTITUTION
ARTICLE III -- BILL OF RIGHTS
Section 1. 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. 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.
(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. 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. 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. 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. 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. 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. No law impairing the obligation of contracts shall
be passed.
Section 11. 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.
(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. 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.
(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. 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. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
Section 17. No person shall be compelled to be a witness
against himself.
Section 18.
(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.
(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. No person shall be imprisoned for debt or non-
payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of
punishment for 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.
Section 22. No ex post facto law or bill of attainder shall be
enacted.
ARTICLE IV -- CITIZENSHIP
Section 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time
of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the
Philippines;
(3) Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
Section 2. Natural-born citizens are those who are citizens of
the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born citizens.
Section 3. Philippine citizenship may be lost or reacquired in
the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or omission, they are
deemed, under the law, to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
ARTICLE XIII -- SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. 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
political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the common
good.
To this end, the State shall regulate the acquisition, ownership,
use, and disposition of property and its increments.
Section 2. The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance.
LABOR
Section 3. 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.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane conditions
of work, and a living wage. They shall also participate in policy
and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster
industrial peace.
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
returns to investments, and to expansion and growth.
AGRARIAN AND NATURAL RESOURCES REFORM
Section 4. The State shall, by law, undertake an agrarian
reform program founded on the right of farmers and regular
farmworkers who are landless, to own directly or collectively
the lands they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof. To this end, the State
shall encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and reasonable
retention limits as the Congress may prescribe, taking into
account ecological, developmental, or equity considerations,
and subject to the payment of just compensation. In
determining retention limits, the State shall respect the right of
small landowners. The State shall further provide incentives for
voluntary land-sharing.
Section 5. The State shall recognize the right of farmers,
farmworkers, and landowners, as well as cooperatives, and
other independent farmers’ organizations to participate in the
planning, organization, and management of the program, and
shall provide support to agriculture through appropriate
technology and research, and adequate financial, production,
marketing, and other support services.
Section 6. The State shall apply the principles of agrarian
reform or stewardship, whenever applicable in accordance
with law, in the disposition or utilization of other natural
resources, including lands of the public domain under lease or
concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of indigenous
communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its
own agricultural estates which shall be distributed to them in
the manner provided by law.
Section 7. The State shall protect the rights of subsistence
fishermen, especially of local communities, to the preferential
use of the communal marine and fishing resources, both inland
and offshore. It shall provide support to such fishermen
through appropriate technology and research, adequate
financial, production, and marketing assistance, and other
services. The State shall also protect, develop, and conserve
such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion.
Fish workers shall receive a just share from their labor in the
utilization of marine and fishing resources.
Section 8. The State shall provide incentives to landowners to
invest the proceeds of the agrarian reform program to promote
industrialization, employment creation, and privatization of
public sector enterprises. Financial instruments used as
payment for their lands shall be honored as equity in
enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall, by law, and for the common good,
undertake, in cooperation with the private sector, a continuing
program of urban land reform and housing which will make
available at affordable cost, decent housing and basic services
to underprivileged and homeless citizens in urban centers and
resettlement areas. It shall also promote adequate
employment opportunities to such citizens. In the
implementation of such program the State shall respect the
rights of small property owners.
Section 10. Urban or rural poor dwellers shall not be evicted
nor their dwelling demolished, except in accordance with law
and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken
without adequate consultation with them and the communities
where they are to be relocated.
HEALTH
Section 11. The State shall adopt an integrated and
comprehensive approach to health development which shall
endeavor to make essential goods, health and other social
services available to all the people at affordable cost. There
shall be priority for the needs of the underprivileged, sick,
elderly, disabled, women, and children. The State shall
endeavor to provide free medical care to paupers.
Section 12. The State shall establish and maintain an effective
food and drug regulatory system and undertake appropriate
health, manpower development, and research, responsive to
the country’s health needs and problems.
Section 13. The State shall establish a special agency for
disabled persons for their rehabilitation, self-development, and
self-reliance, and their integration into the mainstream of
society.
WOMEN
Section 14. The State shall protect working women by
providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation.
ROLE AND RIGHTS OF PEOPLE’S ORGANIZATIONS
Section 15. The State shall respect the role of independent
people’s organizations to enable the people to pursue and
protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful
means.
People’s organizations are bona fide associations of citizens
with demonstrated capacity to promote the public interest and
with identifiable leadership, membership, and structure.
Section 16. The right of the people and their organizations to
effective and reasonable participation at all levels of social,
political, and economic decision-making shall not be abridged.
The State shall, by law, facilitate the establishment of
adequate consultation mechanisms.
HUMAN RIGHTS
Section 17.
(1) There is hereby created an independent office called
the Commission on Human Rights.
(2) 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 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 on 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, and information to enhance respect for
the primacy of human rights;
(6) Recommend to 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 testimony 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 recommendations.