Law on Human

Rights
Chapter 1
Introduction
Human rights are the basic rights
inherent to all human beings from birth
until death. These rights include the right
to life and liberty, personal security,
freedom from torture, freedom from
discrimination and freedom from
arbitrary arrest, among others.
Table of Contents

01 WHAT IS HUMAN RIGHTS?

THE UNIVERSAL DECLARATION OF

02 HUMAN RIGHTS (UDHR)

BASIC CHARACTERISTICS OF HUMAN

03 RIGHTS, CLASSIFICATION OF RIGHTS,
STAGES OF HUMAN RIGHTS

SOURCES AND FOUNDATIONS OF

04 HUMAN RIGHTS LAW
 What is Human Rights?
Human rights are rights we have simply Those rights, which are
because we exist as human beings - they inherent in our nature and
are not granted by any state. These without which, cannot live
universal rights are inherent to us all, as human beings.
regardless of nationality, sex, national or
ethnic origin, color, religion, language, or
any other status. They range from the
most fundamental - the right to life - to
those that make life worth living, such as
the rights to food, education, work,
health, and liberty.
The Universal Declaration of Human Rights (UDHR), adopted by the
UN General Assembly in 1948, was the first legal document to set out
the fundamental human rights to be universally protected. The UDHR,
which turned 70 in 2018, continues to be the foundation of all
international human rights law. Its 30 articles provide the principles and
building blocks of current and future human rights conventions,
treaties and other legal instruments..

The UDHR, together with the 2 covenants -

the International Covenant for Civil and
Political Rights, and the International
Covenant for Economic, Social and Cultural
Rights - make up the International Bill of
Rights
BASIC CHARACTERISTICS OF HUMAN RIGHTS
1. Inherent- Not granted by any person or
authority.

2. Fundamental- without them, the life and

dignity of man will be meaningless.

3. Inalienable- cannot be rightfully taken away

from a free individual. Cannot be given away or
be forfeited.

4. Imprescriptible- cannot be lost even if man fails

to use or assert them, even by a long passage
of time.
BASIC CHARACTERISTICS OF HUMAN RIGHTS

5. Indivisible- Not capable of being divided. Cannot

be denied even when other rights have already
been enjoyed.

6. Universal- It applies irrespective of one's origin,

status, or condition or place where one lives.
Rights can be enforced without national border.

7. Interdependent – The fulfillment or exercise of

one cannot be had without the realization of the
other
 Universal and
Inalienable
The principle of universality of
human rights is the cornerstone of
international human rights law.
This means that we are all equally
entitled to our human rights. This
principle, as first emphasized in the
UDHR, is repeated in many
international human rights
conventions, declarations, and
resolutions.
Universal and
Inalienable

Human rights are inalienable.

They should not be taken away,
except in specific situations and
according to due process. For
example, the right to liberty
may be restricted if a person is
found guilty of a crime by a
court of law.
 Indivisible and interdependent

All human rights are indivisible and

interdependent. This means that one
set of rights cannot be enjoyed fully
without the other. For example,
making progress in civil and political
rights makes it easier to exercise
economic, social and cultural rights.
Similarly, violating economic, social
and cultural rights can negatively
affect many other rights.
 Equal and non-discriminatory

Article 1 of the UDHR states: "All

human beings are born free and equal
in dignity and rights." Freedom from
discrimination, set out in Article 2, is
what ensures this equality.
 Equal and non-discriminatory

Non-discrimination cuts across all

international human rights law. This
principle is present in all major human
rights treaties. It also provides the
central theme of 2 core instruments:
the International Convention on the
Elimination of All Forms of Racial
Discrimination, and the Convention on
the Elimination of All Forms of
Discrimination against Women.
Both rights and obligations

All States have ratified at least 1

of the 9 core human rights
treaties, as well as 1 of the 9
optional protocols. 80% of States
have ratified 4 or more. This
means that States have
obligations and duties under
international law to respect,
protect and fulfill human rights.
Both rights and obligations
-The obligation to respect means that States must
refrain from interfering with or curtailing the
enjoyment of human rights.

-The obligation to protect requires States to

protect individuals and groups against human
rights abuses.

-The obligation to fulfill means that States must

take positive action to facilitate the enjoyment of
basic human rights.

Meanwhile, as individuals, while we are entitled

to our human rights - but, we should also respect
and stand up for the human rights of others.
Human Rights Principles:

The dignity of man and human life

is inviolable. From the dignity of
man is derived the right of every
person to free development of his
personality. A legitimate state
should exist to assure that in the
discharge of the governmental
functions, the dignity that is the of
every human being is duly
safeguarded.
Classification of Rights:

1. Natural Rights- God-given rights, acknowledged

by everybody to be morally good. Unwritten, but
prevail as norms of the society.

2. Constitutional Rights- Conferred and protected by

the constitution and which cannot be modified or
taken away by the law-making body.

3. Statutory Rights- Those rights which are provided

by law promulgated by the law-making body. May
be abolished by the body that created them.
 Stages of Human Rights

(1) Idealization - Notions about human rights start in the realm of

ideas that reflect a consciousness against oppression or inadequate
performance of the State.

(2) Positivization - Where the support for the ideas become strong,
and thus incorporate them into legal

(3) Realization - When these rights are already being enjoyed by the
citizens by the transformation of the social, economic, and political
order.
 The Human and
Peoples' Rights
Declaration of the
Philippines
WHAT KINDS OF HUMAN RIGHTS EXIST?

Human rights are inherent to all humans,

regardless of their nationality, race,
gender, religion, language, or sexual
orientation. The concept of human rights
may not be new, but it's gone through
significant changes over time. In the past,
only the rights of privileged groups of
people were respected.
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Some theories help us understand where the concept of current-day
human rights comes from. Natural rights" are a very old philosophical
concept. Related to natural law, natural rights refer to rights that are
universal and inalienable. They are not related to any government or
culture. By being human, a person is entitled to their natural rights.
That's where we get the concept of universal human rights. Another
example of human rights categorization is the distinction between
positive rights and negative rights. The state must provide access to
positive rights, like food. housing, education, and healthcare.
Negative rights refer to the freedom from certain things, like slavery,
torture, and suppression. It's the state's role to ensure these
violations do not occur. In the three generations framework of human
rights law, which has most impacted Europe. negative rights are first
generation, while positive rights are part of the second and third
generations.
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
The UDHR and other documents lay out five kinds of human
rights: economic, social, cultural, civil, and political. Economic,
social, and cultural rights include the right to work, the right to
food and water, the right to housing, and the right to
education. Documents like the International Covenant on
Economic, Social, and Cultural Rights, which was established in
1976, protect these rights. Conventions like the Convention on
the Rights of the Child safeguard the economic, social, and
cultural rights of specific groups. As with all types of human
rights, the state's responsibility is to protect, promote, and
implement economic, social, and cultural rights. Specific
examples in this category include:.
 COLLECTIVE RIGHTS
✓ The right to work in a
The right to accessible
safe environment for a
education
fair wage
We have the
right to self-
✓ The right to access determination.
This right ✓ The right to adequate
medical care, including
provides us with food, clothing, and housing
mental health care
the freedom to
develop
✓ The right to ourselves as
affordable sanitation peoples. ✓ The right to take
and clean water part in cultural life

✓ The right to enjoy the

✓The right to social
benefits of scientific
security
progress
 CIVIL AND POLITICAL RIGHTS

Civil and political rights include articles from the first part of the
Universal Declaration of Human Rights. They state that people must
be allowed to participate freely in civil and political life without facing
repression or discrimination. While economic, social, and cultural
rights are framed as rights a person is entitled to, most civil and
political rights are about protection from certain things, like torture
and slavery. Documents like the International Covenant on Civil and
Political Rights and its two Optional Protocols outline rights such as:
 CIVIL AND POLITICAL RIGHTS
✓ The right to life, which is violated by actions like death by torture, neglect, and use
of force
✓ The right to freedom of expression, which is violated by restricting access to ideas
and limiting press freedom
✓ The right to privacy, which is violated by intruding on a person's sexual life or
personal data
✓ The right to asylum, which is violated by deporting someone to a country where
their lives are at risk
✓ The right to a fair trial and due process, which is violated by a court that's not
impartial and excessive delays
✓ The right to freedom of religion, which is violated when someone is punished for
following their beliefs or forced to adopt another religion
✓ The right to freedom from discrimination, which is violated when traits like race,
gender, religion, etc are used as justification for actions like being fired from a job.
SOURCES AND FOUNDATION OF HUMAN RIGHTS LAW
The 1987 Constitution

➤ The 1987 Constitution is the basic source of human

rights law in the Philippines.

➤ A novel feature of the 1987 Constitution is the

independent constitutional office of the Commission of
Human Rights, the first national human rights
commission in the world.

➤ The CHR is not a regular commission, not like the CoA

or the civil service, etc. It is an independent commission
which investigates on human rights violations and
establishes programs of education and information to
enhance respect for the primacy of human rights.
 SOURCES AND FOUNDATION OF HUMAN RIGHTS LAW
International Bill of Rights

In December 1966, the UN General Assembly adopted

two international treaties that would further shape
international human rights: the International Covenant
on Economic Social and Cultural Rights (ICESCR), and the
International Covenant on Civil and Political Rights
(ICCPR). These are often referred to as “the International
Covenants.”

Together, the UDHR and this two Covenants are known

as the International Bill of Rights.
SOURCES AND FOUNDATION OF HUMAN RIGHTS LAW
Universal Declaration of Human Right (UDHR)

➤ The Commission on Human Rights of the United Nations

drafted the UDHR, while the United Nations passed it.

➤ The chairwoman was former first lady Eleanor Roosevelt.

➤ The declaration was adopted by 48 votes in favor, none

against and eight abstentions.

➤ Carlos Romulo was also there during the drafting of the CHR
of the UN.
SOURCES AND FOUNDATION OF HUMAN RIGHTS LAW
Universal Declaration of Human Right (UDHR)
➤ The Preamble to the UDHR refers to the concepts of
inherent human dignity and one inalienable nature of human
rights. It also called for inter-cultural consensus by indicating
that a common understanding of the rights and freedoms is to
achieve promotion of universal respect for and observance of
human rights and fundamental freedoms.

➤ The UDHR is the first internationally adopted catalogue of

human rights.

➤ Mary Robinson, former High Commissioner for Human

Rights, said that the common language of humanity, the
language of human rights, is enshrined in the UDHR.
 SOURCES AND FOUNDATION OF HUMAN RIGHTS LAW
International Covenant on Civil and Political Rights (ICCPR)

➢ is a multilateral treaty that commits nations to respect the

civil and political rights of individuals, including the right to
life, freedom of religion, freedom of speech, freedom of
assembly, electoral rights and rights to due process and a
fair trial

➢ The ICCPR is considered a seminal document in the history

of international law and human rights, forming part of the
International Bill of Human Rights, along with the
International Covenant on Economic, Social and Cultural
Rights (ICESCR) and the Universal Declaration of Human
Rights (UDHR).[
 SOURCES AND FOUNDATION OF HUMAN RIGHTS LAW
International Covenant on Economic, Social and Cultural
Rights

➢ It commits its parties to work toward the granting of

economic, social, and cultural rights (ESCR) to all individuals
including those living in Non-Self-Governing and Trust
Territories. The rights include labour rights, the right to
health, the right to education, and the right to an adequate
standard of living.
SOURCES AND FOUNDATION OF HUMAN RIGHTS LAW
Bill in Rights in the 1987 Constitution

➤ Bill of Rights - An enumeration of civil and political rights

that are self-executing. It also serves as a restriction upon the
powers of the State in order to preserve constitutional
harmony and stability.
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (ABBREVIATED)
 END OF
PRESENTATION

THAT’S ALL!!

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