Human Rights

Concepts and Principles

By:

PSUPT EDMUNDO A CERILLO JR

Regional Police Human Rights Officer
Office of the Regional Director, Police Regional Office 5
REGIONAL HUMAN RIGHTS DESK
Camp BGen Simeon A Ola, Legazpi City
EXERCISE 1:
 
In your own words, how would
you define Human Rights?
Human Rights:
 “Basic rights and freedoms that all
human beings have”.
“No cause is more worthy than the
cause of human rights. Human
rights are more than legal
concepts, they are the essence of
man/woman. They are what
makes man/woman human. That
is why they are called human
rights: Deny them and you deny
man’s or woman’s humanity.”
Sen. Jose W. Diokno
 QUESTION:

 What happened from1939

to 1945?
SOURCES OF HUMAN RIGHTS LAWS
(History)
 Extermination of 6 Million Jews horrified the
world
 After WW2:
 Nuremberg and Tokyo Trials
 Officials were punished for:
1. War Crimes
2. Crimes against peace
3. Crimes against Humanity
The Birth of UNITED NATIONS
-Bolster International Peace

SOURCES OF HUMAN RIGHTS LAWS

A. International Bill of Human Rights
1. Universal Declaration of Human Rights (
UDHR)
 Adopted by the United Nations GA through the UN
Commission on Human Rights (Eleanor Roosevelt)
 Customary International Law
1. Universal Declaration of Human Rights (UDHR)

QUESTION:
If UDHR is well developed, why are HUMAN
RIGHTS abused and ignored, time and
time again, ALL OVER THE WORLD?
A. International Bill of Human Rights
1. Universal Declaration of Human Rights (
UDHR)
 Not a “Hard Law”
 No Binding Force- on its own
2. International Covenant on Civil
and Political Rights (ICCPR)
 Right to life, freedom of speech, religion, voting
3. International Covenant on
Economic, Social and Cultural
Rights (ICESCR)
 Right to education, Right to work, right to food
B. Subsequent International Human
Rights Documents
1. International Convention on the
Elimination of All Forms of Racial
Discrimination (ICERD)
2. Convention on the Elimination of
All Forms of Discrimination Against
Women (CEDAW)
3. Convention on the Rights of the
Child (CRC)(1989)

4. Convention Against Torture and

Other Cruel, Inhuman or
Degrading Treatment or
Punishment (CAT)(1984)
5. Convention on the Protection
of Migrant Workers and their
Families
 Convention on the Protection of Migrant Workers and their Families

6. Convention on the Rights of

Persons with Disabilities (2009)
 Convention on the Rights of Persons with Disabilities
C. Relevant Human Rights Provision of
1987 Philippine Constitution
1. Bill of Rights
 Article III
2. Declaration of Principles and State
Policies
 Article II
3. Social Justice and Human Rights
 Article XIII
D. Domestic Laws & Issuances
1. RA 8731 - Indigenous Peoples Rights Act
(IPRA)
2. RA 7279 - Urban Dev’t Housing Act (UDHA)
3. RA 7277 - Magna Carta for Disabled
Persons
 RA 7277

4. RA 9262 - Anti-Violence Against Women &

Their Children
 RA 9262
5. RA 9208 - Anti-Trafficking Against Persons
Act
 RA 9208

6. RA 7610 - Child Abuse Law

 RA 7610

7. RA 9344 - Juvenile Justice Welfare Act

 RA 9344

8. RA 7438 - Rights of Persons Arrested,

Detained or Under Custodial
Investigation
 RA 7438
9. RA 9745 - Anti-Torture Act
 RA 9745
10. Specific provisions under Revised Penal Code
relative to human rights
Basic Principles
of Human Rights
First : “None of us asked to be born. And regardless of
who our parents are and what they own, all of us are born
equally naked and helpless, yet with his own hand, his
own will and talents”.
 All of us have equal rights to life, and share the same
inherent human dignity. Thus we all have the right to life,
to dignity and develop ourselves.
- These are traditionally known as the rights of men.
Second: “Even if we
may not know who
our parents are, we
are never born
without parents, and
never outside
society, a society
with its own peculiar
culture, history and
resources”.
So, besides our rights as
person, we have rights as
society, rights which we
can exercise collectively
as a people. Thus, we
have the right to survive,
to self determination and
to develop as a people.
- known as the rights of
the people.
Third : “Once a society
reaches a certain degree
of complexity, as almost all
societies have, society can
act only through
government. But a
government always acts
as agent of the society; it
never becomes the society
it self; it never becomes
the people themselves.
As a society grows as a nation, it enters into relationships
with other governments or states. Society enters into
treaties and agrees to abide by the International Law.
Philippine Constitution states “The Philippines….adopts
the generally accepted principles of international law, as
part of the law of the land and adheres to the policy of
peace…..with all nations.”
Principles and characteristics of
Human rights : inherent, fundamental,
inalienable, imprescriptible, indivisible,
universal and interdependent.
 Human rights are INHERENT
because they are not granted by
any person or authority. They do
not need any event for their
existence. Some examples of
these rights are the right to life
and the right to dignity as human
being.
 Human rights are
FUNDAMENTAL because
without them the life and dignity
of man will be meaningless.
Some examples of human rights
as fundamental are the right to
individual liberty and security of
a person or freedom of thought
or religion.
 Human rights are
INALIENABLE because they
cannot be rightfully taken away
from a free individual. An
example is the freedom from
torture. No authority can validly
and legally torture an individual.
They cannot be given away or
be forfeited.
 "Torture" refers to an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a
person to:
1. Obtain information or a confession;
2. Punishing him/her for an act he/she or a third person has
committed or is suspected of having committed;
3. Intimidate or coerce him/her or a third person; or for any
reason based on discrimination of any kind

Note: Does not include pain or Buffering arising only from,

inherent in or incidental to lawful sanctions.
 Human rights are UNIVERSAL to all
human beings irrespective of their
origin, status or condition or place
where they live. Human rights are
universal because said rights can be
enforced without national border.
 Human rights are INDIVISIBLE
because they are not capable of
being divided. They cannot be
denied even when other rights
have already been enjoyed.
Examples of these are the
freedom of expression of belief or
opinion. They include the right to
freedom of religion and worship.
 Human rights are
INTERDEPENDENT because the
fulfillment or exercise of one right
cannot be attained without the
realization of the other. The respect
of human rights necessarily includes
the realization of man’s dignity. An
example is the right to life and
existence as a person. These cannot
be realized without the right to work
in order to maintain a good standard
of living.
 Human rights are
IMPRESCRIPTIBLE because
they cannot be lost even by a
long passage of time. Man does
not lose his rights even if he fails
to use or assert them. Some
examples are freedom of
thought, conscience and religion.
 CLASSIFICATIONS OF HR
1. According to Source 4. According to Derogability
a. Natural/Moral Rights a. Derogable
b. Legal Rights b. Non-derogable
2. According to Aspect of Life
a. Civil Rights
b. Political Rights
c. Economic, Social and
Cultural Rights
3. According to Recipient
a. Individual
b. Collective
 According to Source Classifications of HR

Natural Rights are GOD given rights, acknowledged

by everybody to be morally good. They are
unwritten but they prevail as norms of society.
Constitutional Rights are those rights which are
conferred and protected by the constitution and
which cannot be modified or taken away by the
law-making body.
Statutory Rights are those rights which are provided
by law, promulgated by the law making body and
consequently, may be abolished by the same
body.
Constitutional Rights and statutory rights are
sometimes referred to as legal rights.
According to Aspect of Life

Civil Rights are those rights which the law will enforce at the
instance of private individual for the purpose of securing to
them the enjoyment of their means of happiness.

■ Right to Life.

■ Right to liberty

■ Right to freedom from torture

 Civil Rights:
 Right to freedom from discrimination.
 Right to be registered under a name.
 Right to due process.
 Right to be informed of criminal charges.
 Right to be presumed innocent.
 Right to freedom from giving self-incriminating

evidence
 Right to access to relevant information.
 Right to (free) legal assistance.
 Right to choose defense (have a legal counsel of one’s choosing)
 Right to have adequate time and facilities to

prepare defense.
 Right to defend and be heard in person.
 Right to communication with defense counsel.
 Right to receive, seek and impart information.
 Right to freedom of conscience, opinion and political belief.
 Right to freedom of religion.
 Right to humane treatment (freedom from cruel,

degrading, or inhuman treatment or punishment).

 Right to freedom from double jeopardy.
 Right to protection from abuse of authority.
 Right to non-retroactivity of penalty (Ex Post Facto

Law).
 Right to appeal.
 Right to security in one’s privacy of home.
 Right to privacy of communication and

correspondence.
 Right to protection of honor and reputation.
 Right to liberty of movement (freedom of travel).
 Right to freedom of residence.
 Right to marry (including right not to enter into marriage without giving free and full consent).
 Right not to be deprived of property arbitrarily.
 Right to freedom of imprisonment due to debt.
 Right not to be arbitrarily deported.
 Right to enter a country and leave the country.
 Right to freedom from racial or religious discrimination.
 Classifications of
 According to Aspect of Life HR

Political Rights are those rights which enable us to

participate in running the affairs of the government
either directly or indirectly.

■ Right to self-determination.

■ Right to freedom of expression (including press

freedom).

■ Right to freedom of assembly.

 Political Rights:
 Right to freedom of association.
 Right to vote and be voted upon.
 Right to political participation (to campaign and/or
participate in party politics, etc.).
 Right to free and periodic elections.
 Right to equal access to public service (including right to be
elected to office).
According to Aspect of Life

Economic and Social Rights are those

which the law confers upon the people
to enable them to achieve social and
economic development, thereby
ensuring them their well being,
happiness and financial security
■ Right to work.

■ Right to choice of employment.

 Economic and Social Rights:
 Right to own property.
 Right to adequate standards of living.
 Right to access to education.
 Right to found a family.
 Right to respect and protection of the family as the fundamental
unit of a society.
 Right to social security.
 Right to insurance.
 Right to social and medical assistance.
 Right to adequate nutrition.
 Right to social welfare benefits and freedom from indispensable research.
 Right to enjoyment of scientific advancements.
Cultural Rights are those that ensure the well-being of the
individual and foster the preservation, enrichment, and
dynamic evolution of national culture based on the
principle of unity in diversity in a climate of free artistic
and intellectual expression.

■ Right to take part in cultural life.

■ Right to enjoyment of scientific advancements.

 According to Recipient Classifications of HR

Individual Rights are those rights being

accorded to individuals.

Collective Rights (also called “The Peoples

Rights” or Solidarity Rights) are rights of
the society, those that can be enjoyed
only in company with others.
According to Derogability
 Derogable or Relative Rights – may be suspended
or restricted or limited depending on the
circumstances which call for the preservation of
social life.

EXAMPLE

- right to freely move maybe limited through the

imposition of curfews
- the right to freedom of expression, freedom of
assembly and freedom of association
THREE (3) CONDITIONS BEFORE A RIGHT CAN
BE LIMITED/CURTAILED

1. It is only publicly announced or legislated, it is not by

official whim only/ or provided by law;

2. There is a state of emergency which requires the

urgent preservation of the public moral, public safety and
public good;

3. There must be time limit. It must not exceed what is

strictly necessary to achieve its purpose.
 Classifications of HR

 According to Derogability

Non-Derogable or Absolute Rights

are those that cannot be suspended
nor taken away nor restricted/limited
even in extreme emergency and
even if the government invokes
national security.
There are only seven (7) non derogable rights or
ABSOLUTE RIGHTS under the International Covenant
on Civil and Political Rights:

1. Right to life

2. Freedom from torture or cruel, inhuman

or degrading treatment or punishment

3. Freedom from slavery and slave trade,

servitude or forced or compulsory labor

4. Freedom from imprisonment on the

ground of inability to fulfill a contractual
obligation
Non-Derogable Rights:

5. Right against ex post facto law

6. Right to recognition everywhere as a person

before the law

7. Freedom of thought, conscience and

religion
STATE OBLIGATIONS
State Obligation
States have the first and main
responsibility to respect and protect the
rights of people within their territories or
under their effective control

Human
Human Rights
Rights Violation-
Violation- was
was
reserved
reserved to to describe
describe abuses
abuses committed
committed byby
states
states oror state
state actors/agents
actors/agents –– which
which may
may
include
include law
law enforcement
enforcement personnel,
personnel, military,
military,
or
orcivil
civilauthorities.
authorities.
3 Levels of State Obligations
1. To respect human rights – means to refrain from
interfering with the enjoyment of people’s rights.

2. To protect human rights - means to implement laws that

provide equal protection to all persons from human rights
violations by state authorities or by non-state actors.

3. To fulfill human rights – refers to the act of establishing

institutions and implementing systems, mechanisms or
procedures that enable people to claim and enjoy their
rights.
DUTIES OF NON-STATE
ACTORS
DUTIES OF INDIVIDUALS TO EXERCISE
RIGHTS RESPONSIBLY

This pertains to duty of

individuals to act responsibly so
as not to exceed the limits of the
rights.
Photo Courtesy: Internet/Facebook Page
Universal Declaration on Human Rights
(UDHR) Art. 29.

- 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.
International Covenant on Economic, Social &
Cultural Rights (ICESCR) and International
Covenant on Civil & Political Rights (ICCPR)
Preambular paragraphs:
- Realizing that the individual,
having duties to other individuals and to
the community to which he belongs, is
under a responsibility to strive for the
promotion and observance of the rights
recognized in the present Covenant.
GENERAL DUTIES OF INDIVIDUALS
TOWARDS OTHERS AND COMMUNITY
Civil Code of the Philippines

Art. 19 - Every person must, in

the exercise of his rights and in
the performance of his duties, act
with justice, give everyone his
due, and observe honesty and
good faith.
Civil Code…

Art. 26 - Every person shall

respect the dignity, personality,
privacy and peace of mind of his
neighbors and other persons.
Civil Code…

Art. 32 - Any public officer or

employee, or any private individual,
who directly or indirectly obstructs,
defeats, violates or in any manner
impedes or impairs any of the
following rights and liberties of
another person shall be liable to
the latter for damages.
 The Universal Declaration of Human Rights of
1948
 1st global expression of rights to which all human beings are
inherently entitled
 adopted unanimously by the General Assembly on 10
December 1948;
 common standard of achievement for all peoples and all
nations
 Sets out fundamental human rights to be universally protected

64
 Article 1 All human beings are born
free and equal.

 Article 2 Everyone is entitled to the

same human rights without
discrimination of any kind.
 Article 3 Everyone has the human right to life, liberty, and
security.
 Article 4 No one shall be held in slavery or servitude.
 Article 5 No one shall be subjected to torture or cruel,
inhuman or degrading treatment or punishment.
 Article 6 Everyone has the human right to be recognized
everywhere as a person before the law
 Article 7 Everyone is equal before the law and has the
human right to equal protection of the law.
 Article 8 Everyone has the human right to a remedy if
their human rights are violated.
 Article 9 No one shall be arrested, detained, or exiled
arbitrarily.
 Article 10 Everyone has the human right to a fair trial.
 Article 11 Everyone has the human right to be presumed
innocent until proven guilty.
 Article 12 Everyone has the human right to privacy
and family life.
 Article 13 Everyone has the human right to freedom
of movement and residence within the state, to
leave any country and to return to one's country.
 Article 14 Everyone has the human right to seek
asylum from persecution.
 Article 15 Everyone has the human right to a
nationality.
 Article 16 All adults have the human right to marry
and found a family. Women and men have equal
 human rights to marry, within marriage, and at its
dissolution.
 Article 17 Everyone has the human right to own
property.
 Article 18 Everyone has the human right to
freedom of thought, conscience and religion.
 Article 19 Everyone has the human right to
freedom of opinion and expression.
 Article 20 Everyone has the human right to
peaceful assembly and association.
 Article 21 Everyone has the human right to
take part in government of one's country
directly or through free and fair elections and
access to the public service
 Article 22 Everyone has the human right to social security and to
the realization of the economic, social and cultural rights
indispensable for dignity.

 Article 23 Everyone has the human right to work, to just

conditions of work, to protection against unemployment, to equal
pay for equal work, to sufficient pay to ensure a dignified existence
for one's self and one's family, and the human right to join a trade
union.


 Article 24 Everyone has the human right to rest and leisure.

 Article 25 Everyone has the human right to a standard of living

adequate for health and well-being, including food, clothing,
housing, medical care and necessary social services.

 Article 26 Everyone has the human right to education including

free and compulsory elementary education and human rights
education.
 Article 27 Everyone has the human right to participate freely in
the cultural life and to share in scientific progress, as well as to
 Article 28 Everyone is entitled to a social and
international order in which these rights can be
realized fully.

 Article 29 Everyone has duties to the

community.

 Article 30 None of the human rights in this

Declaration can be used to justify violating
another human right
THANK YOU!