HUMAN RIGHTS

HUMAN RIGHTS DEFINITION

HUMAN RIGHTS are the rights that all people
have by virtue of being human beings.
HUMAN RIGHTS are derived from the
inherent dignity of the human person and are
defined internationally, nationally and locally
by various law making bodies.
HUMAN RIGHTS DEFINITION
HUMAN RIGHTS is defined as the supreme,
inherent, and inalienable rights to life, to dignity,
and to self-development. It is concerned with
issues in both areas of civil and political rights and
economic, social and cultural rights founded on
internationally accepted human rights obligations
BASIC CHARACTERISTIC OF
HUMAN RIGHTS
1. Inherent – Human Rights are inherent because they are
not granted by any person or authority. Human rights do
not have to be bought, earned or inherited; they belong to
people simply because they are human. Human rights are
inherent to each individual.
2. Fundamental - Human Rights are fundamental rights
because without them, the life and dignity of man will be
meaningless.
BASIC CHARACTERISTIC OF
HUMAN RIGHTS
3. Inalienable - Human rights cannot be taken away; no
one has the right to deprive another person of them for any
reason. Human Rights are inalienable because:
a. They cannot be rightfully taken away from a free
individual.
b. They cannot be given away or be forfeited.
BASIC CHARACTERISTIC OF
HUMAN RIGHTS
 4. Imprescriptible - Human Rights do not prescribe and cannot
be lost even if man fails to use or assert them, even by a long 
passage of time.
 5. Indivisible -  To live in dignity, all human beings are entitled
to freedom, security and decent standards of living concurrently.
Human rights are indivisible. Human Rights are not capable of
being divided. They cannot be denied even when other rights
have already been enjoyed.
 CIVIL AND POLITICAL RIGHTS
Civil Rights Political Rights

• Civil rights deal with standards of judiciary and penal

systems.
• Political rights deal with specific components of
participation in political power.
• These rights are often focused on when one talks about
human rights.
 ESCR - THE NEGLECTED HALF
OF HUMAN RIGHTS
• Economic Rights deal with the sphere of
human beings working, producing and
servicing.
• Social Rights deal with standard of living and
quality of life for all persons, including those
not participating in economic activities.
• Cultural Rights deal with the cultural sphere
of life including ethnic culture, subcultures, Economic Rights
arts and science.

Social Rights Cultural Rights

CATEGORIES OF HUMAN RIGHTS
1. Civil – the right to be treated as an equal to anyone else in
society
2. Political – the right to vote, to freedom of speech and to obtain
information
3. Economic – the right to participate in an economy that benefits
all; and to desirable work
4. Social – the right to education, health care, food, clothing,
shelter and social security
5. Cultural – the right to freedom of religion, and to speak the
language, and to practice the culture of one’s choice
CLASSIFICATION OF RIGHTS
1. Natural Rights- God given rights, acknowledge by everybody
to be moraly good.
2. Constitutional Rights- confered and protected by the
constitution and which cannot be modified or taken away by
the law- making body
3. Staturoy 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 idea become strong , and
thus incorporate them into legal instruments
3. Realization- when these rights are already being enjoyed by
the citizens by the transformation of the social, economic, and
political order
 SOURCES AND
FOUNDATION OF
HUMAN RIGHTS
SOURCES AND FOUNDATION OF
HUMAN RIGHTS
1. Universal Declaration of Human Rights (UDHR, 1948),
2. the International Covenant on Civil and Political Rights
(ICCPR, 1966) and its Optional Protocol, and
3. the International Covenant on Economic, Social and Cultural
Rights (ICESCR, 1966).
Known collectively as the International Bill of Human Rights
UNIVERSAL DECLARATION OF
HUMAN RIGHTS (UDHR, 1948)
 is a milestone document in the history of human rights
 It sets out, for the first time, fundamental human rights to be
universally protected
 The UDHR is widely recognized as having inspired, and paved
the way for, the adoption of more than seventy human rights
treaties, applied today on a permanent basis at global and
regional levels
 the Declaration was proclaimed by the United Nations General
Assembly in Paris on 10 December 1948
UNIVERSAL DECLARATION OF
HUMAN RIGHTS (UDHR, 1948)
 The preamble recognize the inherent dignity and of the equal and
inalienable rights of all members of the human family as the
foundation of freedom, justice and peace in the world
INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS
 The ICCPR is a key international human rights treaty, providing a
range of protections for civil and political rights
 The ICCPR obligates countries that have ratified the treaty to protect
and preserve basic human rights,
 The Covenant compels governments to take administrative, judicial,
and legislative measures in order to protect the rights enshrined in the
treaty and to provide an effective remedy.
 The Covenant was adopted by the U.N. General Assembly in 1966
and came into force in 1976
INTERNATIONAL COVENANT ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS
The ICESCR provides the legal framework to protect and preserve the
most basic economic, social and cultural rights,
 including rights relating to work in just and favorable conditions,
 to social protection, to an adequate standard of living,
 to the highest attainable standards of physical and mental health,
 to education and to enjoyment of the benefits of cultural freedom and
scientific progress.
INTERNATIONAL COVENANT ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS

For this reason, most of the rights contained in the

ICESCR are related to tackling VAW, given that VAW is a
cause and consequence of women’s enjoyment of their
human rights on a basis equal to men.
THE 1987 CONSTITUTION
Basic source of of human rights law in the Philippines
The rights of Filipinos can be found in Article III of the
1987 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.
Section 11 of Article II: The State values the dignity of
every human person and guarantees full respect for human
rights.
THE 1987 CONSTITUTION
Basic source of of human rights law in the Philippines
The rights of Filipinos can be found in Article III of the
1987 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.
Section 11 of Article II: The State values the dignity of
every human person and guarantees full respect for human
rights.
BILL OF RIGHTS
It establishes the relationship of the individual to the State
and defines the rights of the individual by limiting the
lawful powers of the State. It is one of the most important
political achievements of the Filipinos.
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.
BILL OF RIGHTS
Father Joaquin Bernas SJ- The bill of rights is to declare
some forbidden zone in the private sphere inaccessible to
any power holder
THE COMPREHENSIVE AGREEMENT ON
HUMAN RIGHTS AND INTERNATIONAL
HUMANITARIAN LAW (CAHR-IHL)
 is a landmark agreement between the Philippine government and
the CPP/NPA/NDF and is a glowing testimonial to the painstaking
and persevering efforts of the two sides.
 The CAHR-IHL contains the finest principles of human rights and
international humanitarian law found in the 1987 Constitution of
the Republic of the Philippines and in various international
instruments on human rights and international humanitarian law.
CAHR-IHL SEVEN PARTS
a) the Preamble which introduces the Agreement and articulates the
reasons for and the intention of the parties in entering into the
Agreement;
b) Declaration of Principles;
c) Bases, Scope and Applicability;
d) Respect for Human Rights;
e) Respect for International Humanitarian Law;
f) Joint Monitoring Committee; and
g) Final Provisions.
 RIGHTS OF A
PERSON UNDER
CUSTODIAL
INVESTIGATION
CUSTODIAL INVESTIGATION
Custodial Investigation is any questioning by law enforcement after
a person has been taken into custody or otherwise deprived of his
freedom of action in any significant way. It refers to the
investigation conducted by law enforcement immediately after
arrest for the commission of an offense. It begins when a person
has been arrested and brought to the custody of law enforcers in
which suspicion is focused on him in particular and questions are
asked from him (the suspect) to elicit admissions or information on
the commission of an offense.
MIRANDA DOCTRINE
The Miranda Doctrine means that prior to questioning
during custodial investigation, the person must be warned
that he has the right to remain silent, that any statement he
gives may be used as evidence against him, and that he has
the right to the presence of an attorney, either retained or
appointed.
RIGHTS OF A PERSON UNDER
CUSTODIAL INVESTIGATION
1. The right to be informed of his rights
2. The right to remain silent and to be reminded that
anything he says can and will be used against him
3. The right to an attorney or to counsel, preferably of his
own choice; if not, one will be provided for him
RIGHTS OF A PERSON UNDER
CUSTODIAL INVESTIGATION
4. Right against torture, force, violence, threat, intimidation
or any other means which vitiate the free will of the person
5. Right against secret detention places, solitary,
incommunicado, or other similar forms of detention
RIGHTS OF A PERSON UNDER
CUSTODIAL INVESTIGATION
Any confession or admission obtained from the person
arrested in violation of these rights are inadmissible in
evidence and cannot be used against said person. This is
called the Exclusionary Rule, i.e. it is excluded from the
evidence to be considered by the court during trial. Such
confession or admission is tainted and must be suppressed
under the “Fruit of the Poisonous Tree” Doctrine.
ARTICLE III, SECTION 12 OF 1987
CONSTITUTION
(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.
ARTICLE III, SECTION 12 OF 1987
CONSTITUTION
(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.
ARTICLE III, SECTION 12 OF 1987
CONSTITUTION
(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.
 REPUBLIC ACT 7438
defines certain rights of the person
arrested, detained, or under
custodial investigation. Which
serves as additional safeguards for
persons who are under arrest. This
Republic Act is a support to the
provisions of our Constitution on
the Legal Basis of Arrest
 REPUBLIC ACT 7438
(a) Any person arrested
detained or under custodial
investigation shall at all times
be assisted by counsel.
 REPUBLIC ACT 7438
 (b) Any public officer or employee, or anyone
acting under his order or his place, who arrests,
detains or investigates any person for the
commission of an offense shall inform the latter,
in a language known to and understood by him,
of his rights to remain silent and to have
competent and independent counsel, preferably
of his own choice, who shall at all times be
allowed to confer privately with the person
arrested, detained or under custodial
investigation. If such person cannot afford the
services of his own counsel, he must be
provided with a competent and independent
counsel by the investigating officer.
 REPUBLIC ACT 7438
 (c) The custodial investigation report shall be
reduced to writing by the investigating officer,
provided that before such report is signed, or
thumbmarked if the person arrested or detained
does not know how to read and write, it shall be
read and adequately explained to him by his
counsel or by the assisting counsel provided by
the investigating officer in the language or
dialect known to such arrested or detained
person, otherwise, such investigation report
shall be null and void and of no effect
whatsoever.
 REPUBLIC ACT 7438
 (d) Any extrajudicial confession made by a
person arrested, detained or under custodial
investigation shall be in writing and signed by
such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in
the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by
him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any
proceeding.
 REPUBLIC ACT 7438
 (e) Any waiver by a person arrested
or detained under the provisions of
Article 125 of the Revised Penal
Code, or under custodial
investigation, shall be in writing and
signed by such person in the
presence of his counsel; otherwise
the waiver shall be null and void
and of no effect.
 REPUBLIC ACT 7438
 f) Any person arrested or detained or under
custodial investigation shall be allowed visits by
or conferences with any member of his
immediate family, or any medical doctor or
priest or religious minister chosen by him or by
any member of his immediate family or by his
counsel, or by any national non-governmental
organization duly accredited by the Commission
on Human Rights of by any international non-
governmental organization duly accredited by
the Office of the President.