WEEK 6: UNIVERSAL DECLARATION OF HUMAN RIGHTS

When World War II ended, the world clamored for a more stable and definite road map that
will guarantee the rights of every individual everywhere. With the birth of the United Nations,
many countries, and international and domestic organizations voiced out and hoped that
human rights be included in the very charter of the United Nations.
In June 1946, Commission on Human Rights was created, a standing body within the United
Nations that was tasked to initially conceive an International Bill of Rights. It has 18members
from various groups, ranging from national, religious, and political fields, so as to be
representative of all humanity. Eleonor Roosevelt, the widow of US President Franklin D.
Roosevelt, was selected to chair a special committee for drafting the Universal Declaration of
Human Rights. John Peters Humprey became the Declaration’s principal drafter. Humprey was
credited for devising the “blueprint” for the Declaration. Rene Cassin of France composed the
first draft. Eventually, after more than two years, on December 10, 1948, a momentous day for
mankind, the United Nations General Assembly, meeting in Paris, officially adopted the
Universal Declaration of Human Rights. The Universal Declaration of Human Rights (UDHR) is a
milestone document in the history of human rights. Drafted by representatives with different
legal and cultural backgrounds from all regions of the world, it set out, for the first time,
fundamental human rights to be universally protected. The UDHR is considered as the most
translated document in the universe, having been translated for more than 500 languages of
the world.

Nature of the Universal Declaration of Human Rights

The Declaration is not a treaty, so it does not create legal and binding obligations for countries. It has
only the force and effect of a recommendation, which is considered as “soft law” but it has been
observed by States as if it is a treaty. It is an expression of the fundamental values which are shared by
all members of the international community. Considering that it has been invoked for more than sixty
years, it has become binding as part of customary international.

The guiding principle of the Declaration is that human rights

are universal - to be enjoyed by all people, no matter who
they are or where they live.
UDHR contains a preamble and thirty articles. In its preamble, it recognizes that the foundation
of freedom, justice and peace in the world is the inherent dignity and equality and inalienability
of human rights. Recourse to rebellion, as the last resort, may only be done so if human rights
can no longer be protected. Nations must promote the development of friendly relations
among themselves.
The Universal Declaration includes civil and political rights, like the right to life, liberty, free
speech, and privacy. It also includes economic, social, and cultural rights, like the right to social
security, health, and education.

Articles 1 - 21 - Civil and Political Rights

Article 1 states that all human beings are born free and equal in dignity and rights. As a member
of the human family, the human rights emanate and automatically endowed from the moment
of his/her birth, thus, it is not given by the states.
Article 2 provides those human beings has the right to equality and non-discrimination. 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.
Article 3 provides that the UDHR guarantees the very existence of a person, that is the right to
life, liberty, and security.
Article 4 declares the prohibition of all form of slavery or servitude. People must not be
subjected to tyrannical methods and oppression.
Article 5, in relation to Article 4, prohibits all forms of cruelty, torture, inhuman and degrading
treatment or punishment.
Article 6, 7 and 8 states that everyone has the right to be recognized before the law and in
cases of violation of their human rights, all are equally entitled for the protection of law.
Effective remedy should be made available for everyone before the competent national
tribunal.
Article 9 states that no one shall be subjected to arbitrary arrest, detention, or exile.
Article 10 provides that everyone is entitled to full equality of fair and public hearing by an
independent and impartial tribunal in determining violations of his/her rights.
Article 11 invokes the presumption of innocence. A person has also the right to be protected
against ex post facto laws. These are laws which make an act punishable but did constitute an
offense at the time it was committed, or it imposed a heavier penalty than the one that was
applicable at the time it was committed. It
Article 12 provides that all persons must be guaranteed of due process and that no one
shall be subjected to arbitrary arrest, detention, or exile.
Article 13 is the freedom of movement and residence within the borders of each state.
Article 14 gives a person the right to seek and enjoy asylum in other countries, but this will not
be applicable if prosecution genuinely arises from non-political crimes or acts.
Article 15 is the right to nationality or being a member of a country.
Article 16 provides the right of man and woman to enter marriage and create a family.
Article 17 guarantees that mankind has the right to own a property and to be
accorded by protection.
Article 18 guarantees that all people have the right to religion and worship according
to his/her conscience.
Article 19 states that everyone has the right to freedom of expression and voice out his
ideas and opinions.
Article 20 ensures the guarantee of freedom to peaceful assembly and association and
no one shall be compelled to be a member of an organization.
Article 21 provides that everyone has the right to participate in the running of the affairs
of the government and guarantees that everyone has the right of equal access to
public service.
Articles 22 -28 - Economic, Social and Cultural Rights
Article 22 guarantees that everyone has the right to social security and realization.
Article 23 guarantees that all persons shall have the right to work, to seek for better
livelihood and favorable working environment and benefits.
Article 24 provides that everyone has the right to rest and leisure.
Article 25 states that everyone has the right to an adequate standard living which includes
food, clothing, housing, and medical care. Special mention are the rights of mother and child to
special care and assistance.
Article 26 guarantees that everyone has the right to education, particularly the basic education
of elementary and fundamental stages.
Article 27 provides that everyone has the right to participate in cultural activities, enjoy the arts
and share of scientific advancement.
Articles 28, 29 and 30 establish the general means of exercising these rights, the areas in which
the rights of the individual cannot be applied, the duty of the individual to society, and the
prohibition of the use of rights in contravention of the purposes

WEEK 7: HUMAN RIGHTS LEGAL FRAMEWORK IN THE

PHILIPPINES
The Philippines was a member of the first United Nations Commission on Human Rights, who is
responsible for drafting the UDHR. Consequently, the Philippines was also one of the original
forty-eight (48) countries that adopted the UDHR on December 10, 1948. Alongside with the
UDHR, the following are the human rights participation on the Philippines in
international forum:
Besides the UDHR, the Philippines is a signatory to the following UN core human rights
treaties, namely:
1. The International Convention on the Elimination of Racial Discrimination or
(ICERD), ratified on September 15, 1967
2. The International Covenant on Economic, Social and Cultural Rights or (ICESR), ratified on
June 7, 1974
3. The Convention on the Elimination of All Forms of Discrimination Against Women or
(CEDAW), ratified on August 5, 1981
4. The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment or (CAT), acceded to on June 18, 1986
5. The International Covenant on Civil and Political Rights or (ICCPR), ratified on October 23,
1986
6. Optional Protocol International Covenant on Civil and Political Rights, ratified on August 22,
1989
7. The Convention on the Rights of the Child or (CRC), ratified on August 21,1990
8. The International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families or (CMW), ratified on July 5, 1995
9. United Nations Convention against Transnational Organized Crimes on
May 28, 2002
10. The Convention on the Rights of Persons with Disabilities or (CRPD), ratified April 15, 2008
Interestingly, the Philippines became a member of the International Criminal Court on
November 1,2011 where the former late Senator, Miriam Defensor Santiago was elected as
judge of the Court.
On the domestic level, the 1987 Philippine Constitution, Article II, Section 11 provides the State
values the dignity of every human person and guarantees full respect for human rights. As one
of the countries in ASEAN region that ratifies most of the international human treaties, the
Philippines has been conscientiously complying with its obligations under international law
insofar as the relevant domestic issues of human rights is concerned.
The sources of human rights in the Philippines include the following:
1. 1987 Philippine Constitution
2. Legislative enactments
3. Supreme Court rulings and decisions
4. Executive Orders.
The three (3) branches of the government actively participated in the policymaking process of
human rights protection.
Also, aside from its regular courts, the Philippines has an Ombudsman and Commission on
Human Rights that both hear individual complaints concerning human rights. However, the
fullest implementation and effective and orderly execution of those policies is still remains to
be seen.
The promotion and protection of human rights are part of the constitutional and legal
framework. The government exists to maintain peace and order, and protect life, liberty, and
property, as well as promote the general welfare of the people (1987 Philippine Constitution
Article 2, Section 4-5). Likewise, it has the responsibility for promoting social justice and
recognizes the value of human dignity and respect for human rights (1987 Philippine
Constitution Article 2, Sections 10- 11).

The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development. (1987 Philippine Constitution Article 2, Section
22). The State recognizes, promotes, and protects the rights of all citizens as defined in the Bill
of Rights. (1987 Philippine Constitution Article 3, Section 1-22). Congress shall give highest
priority to the enactment of measures that protect and enhance the rights 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. (1987
Philippine Constitution Article I3, Section 1). The State shall defend the right of children to
assistance, including proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation, and other conditions prejudicial to their development. (1987
Philippine Constitution Article 15, Section 3)

The following are some Philippine laws, orders and jurisprudence concerning human rights:

1. The Philippine Constitution - guarantees the civil, political, social, economic and cultural rights of
every Filipino under various articles and sections, i.e., Bill of Rights.

2. Executive Order No. 163 - creation of the Commission on Human Rights on May 5, 1987

3. Rights of the Child

a. RA 9344 - Juvenile Justice and Welfare Act of 2006

b. RA 7610 - Special Protection of Children Against Abuse, Exploitation and Discrimination Act

c. PD 603 - The Child and Youth Welfare Code

d. RA 9231 - Elimination of the Worst Forms of Child Labor

e. RA 9344 - Juvenile Justice and Welfare Act of 2006Anti-Child Pornography Act of 2009

f. RA 9775 - Anti-Child Pornography Act of 2009

g. RA 11188 - Special Protection of Children in Situations of Armed Conflict Act

4. Rights of Women

a. RA 11210 - Expanded Maternity Leave

Law

b. RA 9262 - Anti-Violence Against Women

and Their Children Act of 2004

c. RA 9710 - Magna Carta of Women

d. PD No. 633, as amended - establishment of National Commission on Role of Filipino Women

e. R.A. 8046 - Anti-Sexual Harassment Act of 1995

f. RA 11313 - Safe Spaces Act, An Act Defining Gender-Based Sexual Harassment in Streets, Public
Spaces, Online, Workplaces, and Educational or Training Institutions

g. RA 10906 - Anti-Mail Order Spouse Act

5. Right to a Family

a. RA 10354 - The Responsible Parenthood and Reproductive Health Act of 2012

6. Rights of Lesbian, gay, Bisexual and Transgender Persons

a. Ang Ladlad LGBT Party v. COMELEC, G.R. No. 190582, 8 Apr 2010
7. Rights of Senior Citizens

a. RA 9994 - Expanded Senior Citizens Act of 2010

8. Rights of Disabled Persons

a. RA 9442 - Magna Carta for Disabled Persons

b. EO No. 232 - Establishment of the National Council for the Welfare of Disabled Persons

c. Batas Pambansa Bilang 344 - An Act to Enhance the Mobility of Disabled Persons

d. RA 10070 - An Act requiring the creation of Persons with Disability Affairs Office on local levels

9. Rights of Workers and Laborers

a. Presidential Decree No. 442, as amended - Labor Code of the Philippines

b. RA 10022 - Law Amending Migrant Workers Act

c. RA 8187 - Paternity Leave Act, must correlate with RA 11210 – Expanded Maternity Leave Law

10. Right to Health

a. RA 11223 - Universal Health Care Act

b. RA 11036 - Mental Health Act

c. RA 10606 - National Health Insurance Act of 2013

11. Right to Healthy Environment

a. RA 8749 - Clean Air Act of 1999

b. Oposa v. Factoran, July 30, 1993

12. Right to Life, Liberty, and Property

a. Rule on the Writ of Amparo and Habeas Corpus

b. RA 10353 - Anti-Enforced or Involuntary Disappearance Act of 2012

c. RA 9745 - Anti-Torture Act

d. RA 9349 - Law Against Hospital Detention

13. Right to Privacy

a. The Rule on Writ of Habeas Data

b. RA No. 10173 - Data Privacy Act of 2012

c. RA 10175 - Anti-Photo and Video Voyeurism Act of 2009

14. Rights of the Accused, Victims and Witnesses of Crimes

a. Article III - Bill of Rights, 1987 Philippine Constitution

b. RA 6981 - Witness Protection Act

c. RA 9999 - Free Legal Assistance Act

d. Rules of Court - Criminal Procedure At the core of the implementation of these laws, rules and

guidelines in the law enforcement including the Armed Forces of the Philippines and Philippine National
Police. The promotion and protection of human rights is the very essence of maintaining peace and
order, ensuring public safety, and upholding the rule of law.

WEEK 8: BILL OF RIGHTS AND CONSTITUTIONAL RIGHTS

The bill of rights is the sanctuary of protection for all persons, citizens, or non-citizens, against any and
all kinds of abuses of power and authority by the government, or any of its officials and employees, or
even against any unwarranted violation of such rights by any other person. It serves not only as a
limitation but also a deterrent to further violations of fundamental liberties. It is the essence of
constitutional democracy.

Further, it governs the relationship between the individual and the State. It affords protection against
possible State oppression against its citizens.

Primacy of Human Rights

The primacy of human rights over property rights is recognized. Likewise, human rights are
imprescriptible. If human rights are extinguished by the passage of time, then the Bill of Rights is a
useless attempt to limit the power of government and ceases to be an efficacious shield against the
tyranny of officials, of majorities, of the influential and powerful, and of oligarchs - political, economic,
or otherwise.

Hierarchy of rights

The right to life occupies the highest rank, followed by right to liberty and right to property.

Freedom of expression ranks higher in the hierarchy of constitutional rights than property rights. The
free exercise of religious profession or belief is superior to contract rights.

The 1987 Philippine Constitution guarantees the civil, political, economic, social, and cultural rights of
Filipinos.

1. Civil Rights - as previously discussed, these are rights belonging to every citizen of the country. Under
Article III, Bill of Rights, the following are the guaranteed civil rights:

a. The right to life - a non-derogable right that essentially guarantees the right of a person to be alive
and to fully enjoy life with dignity and honor. The right to life begins in the fertilization of the ovum by
the sperm, that is the meeting of the ripe ovum and the sperm. It afforded protection to the unborn
from conception, as it is now considered human. The right to life also includes the right to security in
life, that is the right to enjoyment of life while existing.

b. The right to liberty - means the freedom to go where one may choose, and to act in such manner, not
inconsistent with the equal rights of others, as his judgment may dictate for the promotion of his
happiness; to pursue such callings and avocations as may be suitable to develop his capacities, and give
to them their highest enjoyment, within the bounds of law.

c. The right to property – all those properties, which are susceptible to appropriation, and which are
already possessed and found in the possession of man, including the right to own and possess the same,
as well as the right to acquire, or use it for any lawful purpose and by any lawful means, the right to earn
a living, the right to the fruits of one’s employment or possession.

d. Right to due process - the right to be heard or an opportunity to explain one’s side, to hear before
condemn, to proceed upon inquiry and render judgment only after the trial.

e. Right to against unreasonable searches and seizures - it is the protection of the sanctity and privacy
of a person himself and the inviolability of a person’s home and possessions.

f. Right to privacy of communication and correspondence -privacy is the right to be left alone, the right
of a person to be free from unwarranted publicity and right to live without interference by the public in
matters with which the public is not concerned.

g. Freedom of expression and of the press - implies the right to freely utter and publish whatever the
citizen may please, and to be protected from any responsibility for so doing, except so far as such
publication, from their blasphemy, obscenity, or scandalous character, may be a public offense, or as by
their falsehood and malice they may injuriously affect the standing reputation or pecuniary interests of
individuals.

h. Freedom of religion - implies the right to believe and to act on one’s belief.

I. Right to Travel and residence – the freedom of an individual to travel or go to one place to another
and establish his/her residence from one place to another. This may be limited by the government on
the basis of national security, public safety or public health.

j. Right of association - the right to form association not contrary to law. It also includes the right to join
and also the right not to join any organization.

k. Right of assembly - the right of a person to peaceably assemble and redress the government of
wrong.

l. Right to information - the right of a person to information on matters of public concern and access to
official documents and papers. The people have the right to inspect official information or documents,
except for those documents classified as privileged, like military documents.

m. Right to Free Access to the Courts and Free Legal Assistance - Filipinos have the right to have free
access to courts and quasi-judicial bodies. Likewise, indigency or being pauper or poor should not be a
hindrance for them to have access to legal services.
n. Right against involuntary servitude - no person shall be subjected to compulsory labor against his will
except if punishment is given after he was validly convicted.

o. Right of a person under custodial investigation - it includes:

i. Miranda doctrine or the right to be informed of his right to remain silent.

ii. Right to counsel of his own choice or if he cannot afford, the State must give him a lawyer.

iii. No torture, force, violence or threat, intimidation or any other means which vitiate the free will shall
be used against him.

iv. Prohibition of secret detention places, solitary confinement, and other forms similar detention

p. Rights of the accused - the following are the rights granted by the Bill of Rights:

i. The right to be presumed innocent until proven means that the state has the burden of proof in
proving the guilt beyond reasonable doubt of the accused

ii. The right to criminal due process means that the accused should have been heard by a court of
competent jurisdiction, there is a notice and opportunity to be heard, the procedure is done in
accordance with law and judgment is rendered within authority.

iii. The right to speedy, impartial and public trial.

iv. The right of confrontation - or the right to meet the witnesses face to face

v. The right to compulsory process to secure attendance of witnesses and production of evidence

2. Political rights - refers to the right to participate, directly or indirectly, in the establishment or
administration of government. These rights can be found in different articles and sections of the
Constitution.

a. Article V - the right of suffrage or the right to vote in the elections.

b. Article II - the right to hold a public office.

3. Economic, social, and cultural rights - are rights pertaining to the entitlements of every person which
they can demand from the State.

a. Right to health - this includes the right of the people to an adequate and accessible health care
system.

b. Right to environment - the right to a healthy and balanced ecology.

c. Right to education - all citizens have the right to quality basic education. This may be done through
public school education, government scholarships, free training, and adult programs.

d. Labor rights –

i. The right to security of tenure which means that employees may not be terminated from their

regular employment except for valid and authorized causes.

ii. The right to self-organization - refers to the right to join, form, or assist labor organizations.

iii. Right of equality of employment opportunities for all - this means that discrimination in whatever
forms are prohibited. Payment for labor should be based for the work they have done.

iv. Right to strike - the rights of the workers to conduct peaceful

concerted activities including strike.

v. Right to a living wage - the right of the workers to receive such

wage to ensure a decent standard of living.

e. Women’s right - the state recognized the role of women in nation building. As such, the following are
the related rights:

i. Gender equality or the right of the women against discrimination.

ii. The right to choose marriage as part of a woman’s personal liberty and privacy

f. Children’s right - every child has the right to public basic education, the right to assistance, including
care and nutrition and special protection from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development.