CHAPTER II:

HUMAN RIGHTS
“HUMAN RIGHTS AS THOSE
RIGHTS WHICH ARE
INHERENT IN OUR NATURE
AND WITHOUT WHICH WE
CANNOT LIVE AS HUMAN
BEINGS.”
HUMAN DIGNITY PLAYS A
SPECIAL PART OF THE
PROVISION OF OUR
PREAMBLE IN THE 1987
CONSTITUTION. THE STATE
VALUES THE DIGNITY OF
EVERY HUMAN PERSON AND
GUARANTEES FULL RESPECT
FOR HUMAN RIGHTS.
 HOW THE STATE VALUES
DIGNITY
THE CONGRESS SHALL GIVE HIGHEST PRIORITY
TO THE ENACTMENT OF MEASURES THAT:
1. PROTECT AND ENHANCE THE RIGHTS OF ALL
PEOPLE TO HUMAN DIGNITY;
2. REDUCE SOCIAL , ECONOMIC AND POLITICAL
INEQUALITIES; AND
3. REMOVE CULTURAL EQUALITIES BY
EQUITABLY DIFFUSING WEALTH AND
POLITICAL POWER FOR THE COMMON GOOD
(SEC. 11, ART. II, PHILIPPINE CONSTITUTION).
 HUMAN RIGHTS DEFINITION
“RIGHTS DERIVED FROM THE INHERENT DIGNITY OF THE
HUMAN PERSON.” –UDHR

“IT IS THE SUPREME, INHERENT AND INALIENABLE

RIGHTS TO LIFE, DIGNITY, AND TO SELF-DEVELOPMENT.”
–UNDERSTANDING HUMAN RIGHTS & INTERNATIONAL
HUMANITARIAN LAW
IT IS THE ESSENCE OF THESE RIGHTS THAT MAKES
MAN HUMAN. HUMAN RIGHTS ARE FUNDAMENTAL
FREEDOMS WHICH ARE NECESSARY AND
INDISPENSABLE IN ORDER TO ENABLE EVERY MEMBER
OF THE HUMAN RACE TO LIVE A LIFE OF DIGNITY.
BASIC PRINCIPLES
OF HUMAN RIGHTS
https://tinyurl.com/4ptmur69
https://tinyurl.com/4vshcwns
 8 BASIC PRINCIPLES OF HUMAN RIGHTS

1. INHERENT 5. INDIVISIBLE
2. FUNDAMENTAL 6. INTERDEPENDENT &
INTERRELATED
3. INALIENABLE 7. UNIVERSAL
4. IMPRESCRIPTIBLE 8. EQUAL
 1. INHERENT
BECAUSE HUMAN RIGHTS ARE NOT GRANTED BY ANY
HUMAN AUTHORITY SUCH AS A MONARCH,
GOVERNMENT, OR SECULAR OR RELIGIOUS
AUTHORITY, THEY ARE NOT THE SAME AS CIVIL
RIGHTS, SUCH AS THOSE IN THE CONSTITUTION AND
BILL OF RIGHTS. CONSTITUTIONAL RIGHTS ARE
GRANTED TO INDIVIDUALS BY VIRTUE OF THEIR
CITIZENSHIP OR RESIDENCE IN A PARTICULAR
COUNTRY WHEREAS HUMAN RIGHTS ARE
INHERENT AND HELD AS ATTRIBUTES OF THE
 2. FUNDAMENTAL

WITHOUT HUMAN RIGHTS, A

PERSON’S LIFE AND DIGNITY WOULD
BE WORTHLESS AND MEANINGLESS.
 3. INALIENABLE

INALIENABLE BECAUSE PEOPLE’S RIGHTS CAN

NEVER BE TAKEN AWAY. AS SUCH THEY CANNOT
BE STRIPPED OR RIGHTFULLY TAKEN AWAY FROM
ANY FREE HUMAN PERSON.
HUMAN
4. IMPRESCRIPTIBLE
RIGHTS ARE NOT LOST
BY MERE PASSAGE OF TIME.
HUMAN RIGHTS DO NOT
PRESCRIBE EVEN IF A PERSON
FAILS TO USE OR WAS
PREVENTED FROM ASSERTING
THEM.
 5. INDIVISIBLE
• WHETHER THEY RELATE TO CIVIL, CULTURAL, ECONOMIC, POLITICAL OR
SOCIAL ISSUES, HUMAN RIGHTS ARE INHERENT TO THE DIGNITY OF EVERY
HUMAN PERSON. CONSEQUENTLY, ALL HUMAN RIGHTS HAVE EQUAL
STATUS, AND CANNOT BE POSITIONED IN A HIERARCHICAL ORDER. DENIAL
OF ONE RIGHT INVARIABLY IMPEDES ENJOYMENT OF OTHER RIGHTS. THUS,
THE RIGHT OF EVERYONE TO AN ADEQUATE STANDARD OF LIVING CANNOT
BE COMPROMISED AT THE EXPENSE OF OTHER RIGHTS, SUCH AS THE RIGHT
TO HEALTH OR THE RIGHT TO EDUCATION.
• YOU CANNOT BE DENIED A RIGHT BECAUSE SOMEONE DECIDES THAT IT IS
"LESS IMPORTANT" OR "NON-ESSENTIAL.“
• THE INDIVISIBILITY OF HUMAN RIGHTS IS A MANIFESTATION THAT A
PERSON CANNOT BE DENIED OR DEPRIVED OF HIS OR HER HUMAN RIGHTS,
NOTWITHSTANDING THAT HE OR SHE HAS ENJOYED, OR IS ALREADY
ENJOYING OTHER RIGHTS. HUMAN RIGHTS ARE NOT PEACE MEAL RIGHTS
AND FREEDOMS, HENCE, NOT CAPABLE OF BEING DIVIDED.
• ALL HUMAN 6. INTERDEPENDENT
RIGHTS ARE PART AND OF AINTERRELATED
COMPLEMENTARY
FRAMEWORK. BECAUSE ALL RIGHTS—POLITICAL, CIVIL, SOCIAL,
CULTURAL AND ECONOMIC—ARE EQUAL IN IMPORTANCE AND
NONE CAN BE FULLY ENJOYED WITHOUT THE OTHERS. THEY
APPLY TO ALL EQUALLY, AND ALL HAVE THE RIGHT TO
PARTICIPATE IN DECISIONS THAT AFFECT THEIR LIVES.
• EACH ONE CONTRIBUTES TO THE REALIZATION OF A PERSON’S
HUMAN DIGNITY THROUGH THE SATISFACTION OF HIS OR HER
DEVELOPMENTAL, PHYSICAL, PSYCHOLOGICAL AND SPIRITUAL
NEEDS. THE FULFILMENT OF ONE RIGHT OFTEN DEPENDS,
WHOLLY OR IN PART, UPON THE FULFILMENT OF OTHERS.
• FOR INSTANCE, FULFILMENT OF THE RIGHT TO HEALTH MAY
DEPEND, IN CERTAIN CIRCUMSTANCES, ON FULFILMENT OF THE
 7. UNIVERSAL
THEY ARE UNIVERSAL BECAUSE EVERYONE IS BORN WITH
AND POSSESSES THE SAME RIGHTS, REGARDLESS OF WHERE
THEY LIVE, THEIR GENDER OR RACE, OR THEIR RELIGIOUS,
CULTURAL OR ETHNIC BACKGROUND. ALL PEOPLE
EVERYWHERE IN THE WORLD ARE ENTITLED TO THEM. THE
UNIVERSALITY OF HUMAN RIGHTS IS ENCOMPASSED IN THE
WORDS OF ARTICLE 1 OF THE UNIVERSAL DECLARATION OF
HUMAN RIGHTS: “ALL HUMAN BEINGS ARE BORN FREE AND
EQUAL IN DIGNITY AND RIGHTS.”
 8. EQUAL
• ALL INDIVIDUALS ARE EQUAL AS HUMAN
BEINGS AND BY VIRTUE OF THE INHERENT
DIGNITY OF EACH HUMAN PERSON. EVEN THE
LAW OF NATURE MADE MANIFEST THIS BASIC
PRINCIPLE BY THE FACT THAT ALL HUMAN
BEINGS, MALE OR FEMALE, ARE BORN NAKED
AND HELPLESS.
• NO ONE, THEREFORE, SHOULD SUFFER
DISCRIMINATION ON THE BASIS OF RACE,
COLOR, ETHNICITY, GENDER, AGE, LANGUAGE,
SEXUAL ORIENTATION, RELIGION, POLITICAL
OR OTHER OPINION, NATIONAL, SOCIAL OR
GEOGRAPHICAL ORIGIN, DISABILITY,
PROPERTY, BIRTH OR OTHER STATUS AS
CLASSIFICATION OF

HUMAN RIGHTS
 3. ACCORDING TO
1. ACCORDING TO SOURCE: DEROGABILITY:
A. NATURAL OR MORAL A. NON-DEROGABLE
RIGHTS; AND OR ABSOLUTE
B. LEGAL RIGHTS. RIGHTS; AND
B. DEROGABLE OR
RELATIVE RIGHTS.
2. ACCORDING TO ASPECT OF LIFE:
A. CIVIL RIGHTS;
B. POLITICAL RIGHTS; AND
C. ECONOMIC, SOCIAL AND CULTURAL
RIGHTS
 ACCORDING TO SOURCE
1. NATURAL OR MORAL RIGHTS – GOD GIVEN
RIGHTS, ACKNOWLEDGED MORALLY GOOD.

2. LEGAL RIGHTS:
a) CONSTITUTIONAL RIGHTS – GRANTED IN
BILL OF RIGHTS OF THE CONSTITUTION;
AND
b) STATUTORY RIGHTS – RIGHTS
PROMULGATED BY THE LEGISLATIVE
 ACCORDING TO ASPECT OF
1. CIVIL RIGHTS – RIGHTS THELIFE
LAW WILL ENFORCE AT INSTANCE OF
PRIVATE INDIVIDUALS FOR PURPOSE OF SECURING TO THEM THE
ENJOYMENT OF HAPPINESS. CIVIL RIGHTS GUARANTEE PEOPLE
FROM ABUSES OF STATE AGENTS IN THE EXERCISE OF THE STATE’S
3 INHERENT POWERS: POLICE POWER, EMINENT DOMAIN AND
POWER OF TAXATION.

2. POLITICAL RIGHTS – ARE THOSE RIGHTS WHICH ENABLE US TO

PARTICIPATE IN RUNNING THE AFFAIRS OF THE GOVERNMENT
EITHER DIRECTLY OR INDIRECTLY.
• CIVIL AND POLITICAL RIGHTS ARE GUARANTEES AGAINST THE
GOVERNMENT ABUSE.
• REFERRED AS JUSTICIABLE RIGHTS – BECAUSE IT IS IMMEDIATELY
ENFORCED ONCE VIOLATED. MEANING, THAT WHEN VIOLATIONS HAVE
OCCURRED, THERE EXISTS A RIGHT TO AN EFFECTIVE REMEDY – IN THIS
CASE, A JUDICIAL OR QUASI-JUDICIAL REMEDY.
• ALSO CALLED NEGATIVE RIGHTS – BECAUSE STATE IS REFRAINED FROM
VIOLATING THEM.
 ACCORDING TO ASPECT OF LIFE

3. ECONOMIC, SOCIAL & CULTURAL RIGHTS – RIGHTS OF PEOPLE TO

SELF-DETERMINATION, TO PURSUE ECONOMIC, SOCIAL AND CULTURAL
DEVELOPMENT AND FINANCIAL SECURITY. ENSURE A LIFE OF DIGNITY.

• ALSO CALLED POSITIVE RIGHTS – STATE EXPECTED TO TAKE

EFFECTIVE MEASURES TO FULFILL THEM.
• REFERRED AS PROGRAMMABLE RIGHTS – DEPENDS UPON RESOURCES
AND POLITICAL WILL OF THE STATE.
 ACCORDING TO DEROGABILITY
1. NON-DEROGABILITY OR ABSOLUTE RIGHTS – RIGHTS
THAT CANNOT BE SUSPENDED NOR TAKEN AWAY NOR
RESTRICTED OR LIMITED EVEN IN EXTREME
EMERGENCY AND EVEN IF GOVERNMENT INVOKE
NATIONAL SECURITY.

2. DEROGABLE OR RELATIVE RIGHTS – MAYBE

SUSPENDED OR RESTRICTED OR LIMITED DEPENDING
ON CIRCUMSTANCES – FOR PRESERVATION OF SOCIAL
LIFE.
STATE OBLIGATION

TO HUMAN RIGHTS
1. OBLIGATION TO RESPECT – REQUIRES THE STATE AND ALL ITS ORGANS &
AGENTS TO ABSTAIN FROM DOING ANYTHING THAT VIOLATES THE
INTEGRITY OF AN INDIVIDUAL OR FRINGES ON HIS/HER FREEDOM.
2. OBLIGATION TO PROTECT – REQUIRES THE STATE AND ITS AGENTS THE
MEASURES NECESSARY TO PREVENT OTHER INDIVIDUALS OR GROUPS
FROM VIOLATING THE INTEGRITY, FREEDOM OF ACTION, OR THE HUMAN
RIGHTS OF THE INDIVIDUAL.
3. OBLIGATION TO FULFILL – REQUIRES THE STATE:
a) TO TAKE MEASURES TO ENSURE FOR EACH PERSON WITHIN ITS JURISDICTION
OPPORTUNITIES;
b) TO OBTAIN SATISFACTION OF NEEDS RECOGNIZED IN THE HUMAN RIGHTS
INSTRUMENTS WHICH CANNOT BE SECURED BY PERSONAL EFFORTS.
 SOURCES OF
HUMAN RIGHTS
1. INTERNATIONAL BILL OF
HUMAN RIGHTS:
a. UNIVERSAL DECLARATION OF HUMAN
RIGHTS (UDHR);
b. INTERNATIONAL CONVENTION ON CIVIL
AND POLITICAL RIGHTS (ICCPR); AND
c. INTERNATIONAL COVENANT ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS (ICESCR)
 2. SUBSEQUENT
INTERNATIONAL HUMAN
RIGHTS
1. INTERNATIONAL DOCUMENTS:
COVENANT 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);
AND
4. CONVENTION AGAINST TORTURE AND OTHER CRUEL,
INHUMAN OR DEGRADING TREATMENT OF
3. RELEVANT HUMAN RIGHTS
PROVISIONS OF THE 1987
PHILIPPINE CONSTITUTION
1. BILL OF RIGHTS – ART. III, SECTIONS 1-22;
2. DECLARATION OF PRINCIPLES AND STATE
POLICIES – ART. II, SECTIONS 1-5 AND 7, 9, 23; AND
3. SOCIAL JUSTICE AND HUMAN RIGHTS – ART. XIII,
SECTIONS 17-18.
4. ACCORDING TO ASPECTS OF LIFE,
STRUGGLES AND RECOGNITION
https://tinyurl.com/5n74vc58
1. FIRST GENERATION RIGHTS - THE FIRST GENERATION
OF HUMAN RIGHTS ARE BASED ON THE PRINCIPLES OF
INDIVIDUALISM AND NON-INTERFERENCE. THEY TEND
TO BE “NEGATIVE” RIGHTS, BASED ON THE ANGLO-
AMERICAN PRINCIPLES OF LIBERTY. THIS FIRST
GENERATION OF RIGHTS DEVELOPED UNDER A STRONG
MISTRUST OF GOVERNMENT AND HAS SINCE EVOLVED
INTO WHAT ARE NOW KNOWN AS “CIVIL” OR
POLITICAL” RIGHTS.
a. CIVIL RIGHTS - A CIVIL RIGHT ISFirst
ANGeneration
ENFORCEABLE
Right
RIGHT OR PRIVILEGE, WHICH IF INTERFERED WITH BY
ANOTHER GIVES RISE TO AN ACTION FOR INJURY.
(EXAMPLES: RIGHT TO A NAME, RIGHT TO A
NATIONALITY, RIGHT TO MARRY OR TO FOUND A
FAMILY, RIGHT TO LIBERTY AND SECURITY OF PERSON,
ETC.)

b. POLITICAL RIGHTS - REFER TO AN INDIVIDUAL'S

ABILITY TO PARTICIPATE IN THE CIVIL AND POLITICAL
LIFE OF THE SOCIETY AND STATE WITHOUT FEAR OF
DISCRIMINATION OR REPRESSION, AND IS TIED CLOSELY
TO CITIZENSHIP STATUS. (EXAMPLES: RIGHT TO VOTE,
RIGHT TO INITIATIVE AND REFERENDUM, RIGHT TO
THESE2. SECOND GENERATION
RIGHTS CONCERN HOW RIGHTS
PEOPLE LIVE AND WORK
TOGETHER AND THE BASIC NECESSITIES OF LIFE. THEY ARE
BASED ON THE IDEAS OF EQUALITY AND GUARANTEED ACCESS TO
ESSENTIAL SOCIAL AND ECONOMIC GOODS, SERVICES, AND
OPPORTUNITIES.

ALSO KNOWN AS ECONOMIC, SOCIAL AND CULTURAL RIGHTS -

RIGHTS CONCERNING THE BASIC SOCIAL AND ECONOMIC
CONDITIONS NEEDED TO LIVE A LIFE OF DIGNITY AND FREEDOM,
RELATING TO WORK AND WORKERS’ RIGHTS, SOCIAL SECURITY,
HEALTH, EDUCATION, FOOD WATER, HOUSING, HEALTHY
ENVIRONMENT AND CULTURE. (EXAMPLES: RIGHT TO WORK, RIGHT
TO SOCIAL SECURITY, RIGHT TO PROPERTY, RIGHT TO EDUCATION,
ETC.)
https://tinyurl.com/43s4zr7j
 3. THIRD GENERATION RIGHTS

THE RIGHTS TO DEVELOPMENT, TO PEACE, TO A HEALTHY

ENVIRONMENT, TO SHARE IN THE EXPLOITATION OF THE
COMMON HERITAGE OF MANKIND, TO COMMUNICATION
AND HUMANITARIAN ASSISTANCE.
THIS IS ALSO KNOWN AS THE SOLIDARITY RIGHTS.
THIS IS THE RIGHT WHICH COULD NOT BE ACHIEVED
WITHOUT THE ENJOYMENT OF THE FIRST AND SECOND
GENERATION RIGHTS.
THE END