History, Concept of Human Rights and Human Rights Situation in The Country

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HISTORY, CONCEPT OF
HUMAN RIGHTS AND
HUMAN RIGHTS SITUATION
IN THE COUNTRY

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A Brief History of Human Rights
The Cyrus Cylinder (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/her 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
r a c i a l e q u a l i t y. T h e s e a n d o t h e r d e c r e e s w e r e r e c o r d e d o n a b a k e d - c l a y
cylinder in the Akkadian language with cuneiform script.
K n o w n t o d a y a s t h e C y r u s C y l i n d e r, t h i s a n c i e n t r e c o r d h a s n o w b e e n
recognized as the world’s first charter of human rights. It is translated
into all six official languages of the United Nations and its provisions
parallel the first four Articles of the Universal Declaration of Human
Rights.

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The Concept of Human Rights


Human rights allow a person to live with dignity and in peace, away
from the abuses can be inflicted by abusive institutions or individuals.
But the fact remains that there are rampant human rights violations
around the world..
To f u r t h e r p r o m o t e t h e i m p o r t a n c e o f h u m a n r i g h t s i n t h e P h i l i p p i n e s ,
December 4 to 10 of each year is marked as National Human Rights
Consciousness Week via Republic Act No. 9201.
December 10 is also considered as the United Nations Human Rights
D a y. I t c o m m e m o r a t e s t h e d a y t h e U N G e n e r a l A s s e m b l y A d o p t e d t h e
United Declaration of Human Rights in 1948.

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11.What are human


rights?
Human rights, according to the Stanford
E n c y c l o p e d i a o f P h i l o s o p h y, r e f e r s t o n o r m s t h a t a i m
to protect people from political, legal, and social
abuses. The United Nations (UN) defines human
rights as universal and inalienable, interdependent
a n d i n v i s i b l e , a n d e q u a l a n d n o n - d i s c r i m i n a t o r y.

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11.What are human


rights?
Universal and inalienable:
Human rights belong to all and cannot be taken away unless specific
s i t u a t i o n s c a l l f o r i t . H o w e v e r, t h e d e p r i v a t i o n o f a p e r s o n ’s r i g h t i s
subject to due process.
Interdependent and indivisible:
Whatever happens to even one right-fulfillment or violation-can directly
affect the others.
Equal and non-discriminatory:
H u m a n r i g h t s p r o t e c t a l l p e o p l e r e g a r d l e s s o f r a c e , n a t i o n a l i t y,
g e n d e r, r e l i g i o n , a n d p o l i t i c a l l e a r n i n g , a m o n g o t h e r s . T h e y s h o u l d b e
respected without prejudice.
Human rights can also be classified under individual, collective, civil,
political, economic and social, and cultural.
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12. What laws or legal documents ensure
the human rights of Filipino Citizens?
The rights of Filipinos can be found in Article III of the 1970
Philippine Constitution. Also called the Bill of Rights, it includes 22
sections which declare a Filipino citizen’s rights and privileges that
the Constitution has to protect, no matter what.
Aside from various local laws, human rights in the Philippines are
also guided by the UN’s International Bill of Human Rights- a
consolidation of 3 legal documents including the Universal Declaration
of Human Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR), and the International Covenant on Economic
Social, and Cultural Rights (ICESCR). As one of the signatories of
these legal documents, the Philippines is Obliged to recognize and
apply appropriate laws to ensure each right’s fulfillment. This is not
a l w a y s t h e c a s e , h o w e v e r, a s t h e P h i l i p p i n e C o n s t i t u t i o n l a c k s e x p l i c i t
laws to further cement specific human rights in the local context. For
example the Right to Adequate Food may be included in the UNDR but
it is not explicitly indicated in the Philippine Constitution. Thus the
government cannot be held responsible if this not attained (READ:
Zero Hunger: Holding gov’t accountable) 6
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13. Whotitleoversees
style the fulfillment and
protection of human rights in the Philippines?
Human rights are both rights and obligations, according to the UN.
The state- or the government- is obliged to “respect, protect, and
fulfill” these rights.
Respect begets commitment from state that no law should be made
to interfere or curtail the fulfillment of the stated human rights.
Protecting means that human rights violations should be prevented
and if they exist, immediate action should be made.
In the Philippines the Commission on Human Rights (CHR) primarily
h a n d l e s t h e i n v e s t i g a t i o n s o f h u m a n r i g h t s v i o l a t i o n s . H o w e v e r, i t h a s
no power to resolve issue as stated in the Supreme Court decision in
1991.
Established in 1986 during administration of President Corazon
Aquino, CHR is an independent body which ensures the protection of
human rights guaranteed by the Bill of Rights.
Aside from investigations, it also provides assistance and legal
measures for the protection of human rights guided by Section 18
Article XIII of the Philippine Constitution. 7
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14. Dotitle style or those who break the law
criminals
still enjoy human rights?

Criminals or those in conflict with the aw are still


protected by rights as indicated in many legal
documents such as the Philippines’ Criminal Code and
U N ’ s S t a n d a r d M i n i m u m R u l e s f o r t h e Tr e a t m e n t o f
Prisoners.

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BILL OF RIGHTS.
According to the 1987 Philippine Constitutionis defined as the
declaration and enumeration of a person’s rights and privileges which
the Constitution is designed to protect against violations by the
government or by individuals or group of individuals. It is a charter of
liberties for the individual and a limitation upon the power of state.
CLASSES OF RIGHTS
1.Natural
2.Constitutional
3.Statutory rights or those promulgated by the congress and may be
abolished by the letter also

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HUMAN RIGHTS UNDER ARTICLE 3, 1987
PHILIPPINE CONSTITUTION
1.The rights to life, liberty and property
2.The right against unreasonable searches and seizures
3.Right to Privacy of Communication and Correspondence
4.Freedom of Expression and Assembly
5.Freedom of Religion
6.Liberty of Abode and Right to Travel
7.The right of the people to information on matters of public concern
8.Freedom of Association
9.Prohibition against Expropriation of Property without just compensation
10.Prohibition against Impairment of Contract
11 . F r e e A c c e s s t o t h e C o u r t a n d Q u a s i - J u d i c i a l B o d i e s
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HUMAN RIGHTS UNDER ARTICLE 3, 1987
PHILIPPINE CONSTITUTION
12.Right to counsel and the right to remain silent
13.The right to bail
14.Right to presumption of innocence
15.Rights of the accused in criminal prosecution
16.Right to Habeas Corpus
17.Right to speedy disposition of cases
18.Right against self-incrimination
19.The right against excessive, cruel or unusual punishment
20.Right against involuntary servitude
21.Right against double Jeopardy
22.Right against the bill of attainder and ex post facto law
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