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Introductio

n
to Human
Rights
What is
Human Human rights
are intrinsic
values that give
A set of agreed
values/norms
reflecting the

Rights?
principles of
all human
dignity, equality
beings dignity
and freedom

Inherent to
individuals, and
Legal standards
primarily define
and agreements
the relationship
–international
between the
and regional
individual and
the State
Adopted by the
UNGA on 10 Dec
1948

First global
expression of
rights to which
all human are
entitled

Certain
provisions have
ripened to
custom
The Philippines is bound by RATIFIED TREATIES.
• Art. 11, Vienna Convention on the Law of Treaties
• Ratification in the Constitution: “No treaty or international agreement shall be
valid and effective unless concurred in by 2/3 of all Members of the Senate.”
(Art. VII, Sec. 21, 1987 Constitution)

The Philippines is bound by CUSTOMARY INTERNATIONAL LAW.


• Principle of Incorporation: “The Philippines… adopts generally accepted
principles of international law as part of the law of the land...” (Art. II, Sec. 2,
1987 Constitution)
Universal Declaration of Human Rights
Affirms:
∙ The inherent dignity and
the equal and inalienable rights
of all members of the human
family (Preamble)
∙ All human beings are born
free and equal in dignity and
rights (Article 1)
∙ Everyone is entitled to all
the rights and freedoms set
forth in the Declaration,
without distinction of any kind
(Article 2)
Duty bearers and rights-holders

– RIGHTS HOLDERS (individuals)


and
– DUTY BEARERS (States) fulfil obligations towards

ACCOUNTABILITY

PARTICIPATIO
🡪 DUTY BEARERS fulfill a DUTY RIGHTS
responsibility towards BEARER HOLDER

N
RIGHTS HOLDERS S S

🡪 RIGHTS HOLDERS claim their claim their rights


from
rights from DUTY BEARERS
States can restrict certain human rights

Requirements:
– only if certain
• Is it lawful?
requirements are met
• Is it justified to achieve a
e.g., the right to work ─ legitimate aim?
States can limit access to
• Is it necessary?
certain sectors of the labour
market to their citizens. • Is it proportionate to the
aim?
• Is it non-discriminatory?
UNIVERSAL INHERENT INALIENABL
E

INDIVISIBL INTERRELAT NON-


E ED DISCRIMINATIO
N
Core Principles of
Human Rights
Inalienable: All people
Universal: All individuals are everywhere in the world are Indivisible and interrelated:
equal as human beings and entitled to human rights. A Rights are completely
by virtue of the inherent person cannot voluntarily interdependent and depend
dignity of each human give them up. Nor can others on each other for their
person. take them away from him or effectiveness.
her.

Empowerment/
Accountability:
participation: These rights
Governments have certain
Non-discrimination: endow people the power to
duties and obligations to
Everyone is entitled to claim them from their
respect, protect and fulfil
human rights without governments, as opposed to
human rights. (Individuals
discrimination charity which is an act of
and non-state actors also
generosity. Human rights are
have duties to others)
owned by everyone.
Non-
discriminatio
n – a dual Negative: The state must not
discriminate against specific
obligation individuals or groups

Positive: the state must take


steps to identify vulnerable
individuals or groups in need of
extra attention to ensure their
rights are guaranteed.
Human – Human rights are moral
entitlements that every
Rights as individual in the world
possesses simply in virtue of
Entitlemen the fact that he or she is a
human being. In claiming our

t
human rights, we are making a
moral claim, normally on our
own government, that you
cannot do that, because it is a
violation of my moral sphere
and my personal dignity. No-
one – no individual, no
government – can ever take
away our human rights.
Monitorin
g Human Human rights monitoring is a
broad term describing the
Rights collection, verification, and use
of information to address human
rights problems. Monitoring is
usually temporary over certain
period of time. The purpose of
human rights monitoring is to
obtain an improvement in the
human rights situation. 
Monitorin
g Human -Elements of Human Rights Monitoring
gathering data about nature and extent of HR
violations (note might be caused by law itself
Rights or how it is applied),
-Overview of the general human rights
situation and/or to collect information about a
specific cases of alleged human rights
violations analyzing the obtained data and
comparing it to human rights standards
(constitutional, international)
-Identifying the causes of HR violations and
making recommendations about what should
be changed collecting materials needed to
assist in the future action – to achieve the
change 

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