HUMAN RIGHTS LAW

Commissioner Rene V Sarmiento Notes

MATEO SBCA SOL 1A
Chapter 1 I Nature of Human Rights
Human Rights
are the aggregate of privileges, claim, benefits and entitlements
and moral guarantees that pertain to man because of his
humanity
system of values or as elements which are inherent to human
dignity (Jose Zalaquett)
legal and moral entitlements that have evolved as a basis for
constructing how state power is used and particularly to limit
its use against the rights of citizens (Wahiu)
Why man has rights?
-human possess rights because of the very fact that it is a person, a
whole, a master of itself, and of its acts(Jean Jacques Maritain)
Kinds (Karel Vasak)
1. First Generation of Rights / Liberty Rights
During the long development of society
Serves as the protection of the individuals from the arbitrary
exercise of police power
Examples:
Rights against torture, right to privacy
2.
-

Second Generation of Rights / Equality Rights

when people realized that possession of the first generation of
liberty rights will be valueless without the enjoyment of
economic, social, and cultural rights
due to their struggle in Colonialism, influence of Socialism and
encyclicals of the popes contributed to the economic, social
and cultural rights development and appreciarion

EX.
Right to work, right to social security
3.
-

Third Generation of Rights / Solidarity Rights

Intended to benefit the individuals, groups and peoples
Its realization will need global cooperation based on
international solidarity

EX:
Right to peace, right to development, right to environment
Principles
1. Universality
Rights belong to and are to be enjoyed by all human beings
without distinction of any kind
Human rights belong to everyone wherever they are because
they are human beings endowed with dignity
Internationally-recognized hr: basic core minimum to be
observed everywhere without regional differences
2.
3.
-

Indivisibility
Interdependence
The first generation of liberty rights and second generation
rights are inter-related and of co-equal in importance
Form a indivisible whole and if only these rigths are guaranteed
that an individual can live decently and in dignity
Intl community must treat human rights in equal manner, on
the same footing and same emphasis

we cannot enjoy civil and political rights unless we enjoy

economic, cultural and social rights, anymore that we can insure
our civil and political rights. True, a hungry man doesnt have much
freedom of choice. But equally true, when a well-fed man doesnt
have freedom of choice, he cannot protect himself from being
hungry Jose W. Diokno
Characteristics:
1. INHERENT
The rights are the birthright of all human beings, existing
independently of the will of either an individual, human being
or group
When one is born, he carries with them these rights; cannot be
separated or detached from him

2.
3.
-

INALIENABLE
No person can deprive any person these rigths and no person
can repudiate these rights by himself
Cannot be subject to the commerce of man
UNIVERSAL
Belongs to every human no matter what she or how he or she is
like
Promotion and protection are the duty of all the states
regardless of cultural, economic or political systems

STAGES (3)
1. Idealizaton
Notiotns about human rights started in the realm of ideas that
reflect a consciousness against oppression, dehumanization or
inadequate performance by the state
2. Positivization
Where support for ideas become strong
Stage is set to incorporate them into some legal instruments
(w/ domestic or international)
3. Realization
Rights are enjoyed by the citizens of the state by the
transformation of the social, economic and political order
THREE OBLIGATIONS OF STATE PARTIES
1. Respect
Art 2(1) of ICCP it indicates the negative character of civil and
politcal rights, commanding the state parties to refrain from
restricting the exercise of these rights where such is not
expressly allowed
Absolute; states must refrain from practicing torture in all
circumstances
Right to life, Right to Privacy only prohibit arbitrary interference
2.
3.
-

Ensure
Protect
Prevent private individuals, groups or entities from interfering
with others civil and political rights

CHAPTER 2 | SOURCES AND FOUNDATIONS OF HR LAW

Basic source of HR LAW: 1987 constitution
1st gen of rights:
1. Article III Bill of Rights
2nd Gen of Rights
1. Article XII National Economy and Patrimony
2. Article XIII Social Justice and Human Rights
3. Article XIV Education, Science and Technology, Arts,
Culture and Sports
3rd Gen of Rights
1. Article II Declaration od Principles and State Policies
2. Article XV The Family

COMMISION ON HUMAN RIGHTS (Sec 18 Article XIII)

Investigate human rights violation involving civil and political
rights either committed by the government or ng entities
Establish a program if education and information to enhance
respect for the primacy of human rights
LAWS
1st gen:
RA 7438
Speedy Trial Act
2nd Gen:
CARL
Social Securty Act of 1992
3rd gen:
Philippine Clean Air Act of 1999
RA 6955
THE INTL BILL OF RIGHTS
Note: Incorporation Clause
1. UDHR
Magna Carta for Mankind (U Thant)
2. ICCP
essential prerequisite for peace at home and in
3. ICESCR the world

1.UDHR
- Dec 10, 1948
- Eleanor Roosevelt
- common language of humanity
PREAMBLE:
Most important
Refers to the concepts of inherent human dignity and one
inalienable nature of human rights
Sources of the declaration and inspiration for further
development of HR
Calls for inter-cultural consensus: common understanding of
the rights and freedoms is one of greatest importance for the
full realization of the pledge of Members of the UN to achieve
promotion of universal respect for and observance of human
rights and fundamental freedoms

ICCP-Parts I-III contains all substantive rights and some general

provisions like prohibition of discrimination and misuse, gender
equality
** Part III Individual Rights includes right to life, prohibition of
torture and inhuman prison condtitons, prohibition of slavery
- Parts IV-VI international monitoring provisions, principles of
interpretation and final clauses
First Optional Protocol to the Covenant
Provides for the possibility of individual complaints
Second Optional Protocol
Dec 15, 1989
Abolition of death penalty

CHAPTER 4 ECONOMIC, SOCIAL AND CULTURAL RIGHTS

PHILOSOPHY
1. Second Treatise of Government (John Locke)
Sovereignty resides in the people
Nature of government in terms of natural rights and social
contract
Social contract theory
2.
3.
-

The Social Contract (Rosseau)

Citizens surrender their rights to the general will of the people
which must aim at the impartial good
The Spirit of the Laws (Montesquieu)
despotism a single person directs everything by his own will
and caprice as a standing danger for any government not
despotic
argued that it could best be prevented by a system of
separation of powers in which different bodies exercise
legislative, executive and judicial powers
THEORY OF SEPARATION OF POWERS

RELIGION
Lessons and teachings of human dignity, sanctity of life, worth
of conscience, social justice, respect for the integrity of
creation rights of prisoners, rights of persons with PWD, rigths
of minorities
CHAPTER 3 CIVIL AND POLITICAL RIGHTS
Bill of Rights of the 1987 Constitution
Enumeration of civil and political rights that are self executing
declare some forbidden zones in the private sphere
inaccessible to any power holder- Fr. Joaquin Bernas
Influenced by:
1. Britains 1689 Declaration of Rights (Bill of Rights 1689)

Right to petition te king, free election, prohibition against

excessive bail and fines, non-infliction of cruel and universal
punsihments
CLASSIFICATION
1. New Provisions (12(4)
2. Old provisions that contain amendments Art.4,6)
3. Amended by deletion (2,5)
4. Remain intact (1,9)
COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN RIGHTS
AND INTERNATIONAL HUMANITARIAN LAW
First substantive agreement signed by the Negotiating Panels of
the GRP and National Democratic Front
March 16, 1998 in The Hague, Netherlands
Provisions:
1. Right of the people to oppose tyranny, rights of the
minority etc
UDHR
-Art 3-21
* Right to Life, liberty and Security
* Right to equal protection of the law
* Right to a Fair trial

Social Justice and Human Rights in the 1987 Constitution

Contains rich inventory of economic, social and cultural rights
like:
1. Rights of all workers to self-organization, collective
bargaining and negotiations, Right to security of tenure,
humane conditions of work and a living wage, right to
health

SOCIAL JUSTICE
Neither communism or despotism, not atomism nor anarchy,
but the humanization of laws and the equalization of social
and economic forces by the State so that justice in its rational
and objectively secular conception may at least be
approximated Jose P. Laurel in Calalang v Williams
UDHR
Art 22-27
Right to security, the right to work, right to rest and leisure,
right to an adequate standard of living, right to education and
the right to participate in the cultural life
Inspirations to:
1. African Charter in Human and Peoples Rights
2. European Social Charter
International Covenant for Economic, Social and Cultural Rights
Meat of the covenant in Part III
1. Right to work, right to education, right to employment,
right to food, clothing and housing, right to adequate
standard of leaving
Several intl instruments affirm the rights mentioned in the
covenant
1. International Convention on the Rights of the Child
2. Convention on the Elimination of All Forms od
Discrimination Against Woman
3. International Labor Organization
4. African Charter on Human and Peoples Rights
5. European Social Charter
CHAPTER 5 | Solidarity/Collective Rights
Peace, Development, Environment
Right to Peace
It is universally recognized that peoples of the earth have a
sacred right to peace and that the preservation of the right of
peoples to peace and the promotion of its implementation
constitute a fundamental obligation of each state
International instruments related to Peace:
1. Un Declaration on Principles of International Law
Concerning Friendly Relations and Cooperation Among
States
2. UN General Assembly Resolution 33/73
3. Declaration of the Rights of the People to Peace of 1984
4. UNGA Resolution 45/14 Implementation of the Right of
Peoples to Peace
Right to Development
Development; a comprehensive economic, social, cultural and
political process which aims at the constant improvement of

the well-being of the entire population and of all individuals

through their meaningful participation
Process of expanding the freedoms that people enjoy and
requires the removal of major sources of unfreedom like
poverty, tyranny, poor economic opportunities, systematic
social deprivation, neglect of public facilities, intolerance or
overactivity of repressive states (Amartya Sen)
Proclaimed in the UN Declaration on the Right to Development
Recognized in the African Charter on Human Rights and
Peoples Rights and the Arab Charter on HR
Reaffirmed in different instruments like 1993 Vienna
Declaration and Programme of Action

Right to Environment
Important right due to global warming, climate change,
damaging effects of environmental pollution on human beings
and degradation of the worlds environment
-

Stockholm Conference; important starting point in developing

environmental law at the global and national levels
1. Principle 1 man has the fundamental right to freedom,
equality and adequate conditions of life, in an
environment of quality that permits a life of dignity and
well-being, and he bears a solemn responsibility to protect
and improve the environment for present and future
generations

ICESCR Article 12(3)

1. The steps to achieve the full realization of this right shall
include those necessary for(b)the improvement of all
aspects of environmental and industrial hygiene.

WOMAN, CHILDREN, PWD, INDIGENOUS PEOPLE

Most vulnerable, disadvantages and marginalized group of
people
Have rights but are violated
Women
Denial of their basic rights
Restrict their choices, increase their vulnerability to violence
and make it difficult for them to obtain justice
Ex:
pregnancy and child-birth related cases
HIV infection
Gender-based violence kills
Cancer
Illiteracy
Earn less than men
CORE INSTRUMENTS
CEDAW
Declaration on the Elimination of Discrimination Against
Women
Convention on the Elimination of All forms of Discrimination
Declaration on the Protection of Women and Children in
Emergency and Armed Conflict
Children
Exploited, maltreated, deprived of education, sold, subjected to
cruel methods of punishment and discriminated against
Have rights; because of their vulnerability are in need of special
care, attention and protection
EX:
Child brides
Street Chikdren
Child Workers
Child Combatants
Child Abducters
Child Refugees
CONVENTION ON THE RIGHTS OF THE CHILD
3 Basic Rights
1. Right to survival
2. Right to develop to the fullest, protection from harmful
influences, abuse and exploitation
3. Right to participate fully in family, cultural and social life

PWD
Who have long-term physical, mental, intellectual or sensory
impairments, which in interaction w various varriers may inder
them full and effective participation in society on equal basis w
others (UN Convention on the Rights of the Persons with
Disabilities)
Those suffering from restriction or different abilities, as a result
of a mental, physical or sensory impairment, to perform an
activity in the manner or within the range considered normal
for human being
50 Million PWD due to war and destruction, uunhealthy living
conditions or the absence of knowledge about disability, its
causes, prevention and treatment, the number increases every
year
INDIGENOUS PEOPLE
Those who have historically belonged to a particular region or
country before its colonization or transformation into a nation,
state and may have different-often unique- cultural, linguistic,
traditional, and other characteristics to those of the dominant
culture of that region or state
PH: 10% of 100 million
Lack education and have inadequate political representation
but minerals, forests and rivers can be found where they are
and make them vulnerable to development aggression
UN Declaration on the Rights of Indigenous People
1. have recognized that they gave suffered from historical
injustices as a result of colonization and dispossession of
their lands, territories and resources, preventing them from
exercising their right to development based on their needs
and interest
2. acknowledges the urgent need to respect and promote the
inherent rights of indigenous people which are derived form
their political, economic and social structures, from their
cultures, spiritual traditions, histories and philosophies
3. right to education, self-determination, health etc
CHAPTER 6 |Remedies and Procedures for Responding to Human
Rights Violations and Human Rights Abuses
HUMAN RIGHTS VIOLATIONS
acts committed by or at the instigation of or with consent of a
public official or other person acting in an official capacity
contrary to human rights law causing bodily or mental pain or
suffering death.
Occur when state actors abuse or deny basic human rights
Traditionally, when NSA (Rebels, Insurgents, Non-Government
Entities) commit these transgressions or violations of HR, their
actions are called crimes.
RA 10368(The Human Rights Reparation and Recognition Act of
2013
any act or omission committed during the period from Sept 1
1972 to Feb 25 1986 by persons acting in official capacity
and/or agents of the State
includes any illegal search, arrest or detention, any affliction of
physical injury, any enforced or involuntary disappearance,
force or intimidation causing the involuntary exile of a person
from the PH,
any act or force, intimidation or deceit causing unjust or illegal
takeover of a business etc.
HUMAN RIGHTS ABUSES
violations committed by the rebels (Comprehensive Agreement
on Respect for HR and Respect for International Humanitarian
Law)

REMEDIES
1. Domestic Remedies
May take the form of:
1. Civil Remedies & Criminal Remedies

An hr victim may file a civil action for damages under Art 32

of CC

Criminal Liability under Art 100 RPC

2.

Civil and penal sanctions are affirmed by

Article III Sec 12(4) 1987 Consti
Writ of Amparo
Writ of Habeas Data
Rules of Procedure for environmental Cases

PROCEDURE
HR Victim may opt to file to CHR for investigation
After investigation, prosecution will be handled by DOJ until
case is resolved by the court
Complaint can be filed for specific crimes of HR Violations
(Right of the People to Peaceably Assembly. Freedom of
Religion. Arbitrary Detention, Murder, Homicide ETC)
Since hr violations are crimes under RPC, hr victim can file
directly to the Office of the Prosecutor
2.
-

3.

Investigation of communications to determine breaches of

treaty obligations
under the quasi-judicial practice of the HR Committee
most effective hr complaints system universal level
only individuals and not groups may submit a
communication to the Committee under Art 1 and 2 of the
Optional Protocol
lack of legally binding effects and sanctions against noncooperative governments; most serious shortcoming of
the procedure
Investigation, prosecution and trial of HR violators under
Rome Statute of the International Criminal Court
Deals with and has power to investigate, prosecute and
convict individuals
Adopted on July 17, 1998
Exercises international jurisdiction over criminals
Addresses the problem of preventing hr violators and
criminals who may have escaped from natl jurisdiction
where they committed serious crimes like:
o Genocide
o Crimes against humanity
o War crimes
o Aggression

3 ways by investigation by ICC may be initiated

1. A state party may refer a situation to the prosecutor,
where it appears that one or more crimes w/in the
jurisdiction of the court has been committed
2. Security council may refer a situation to the prosecutor
3. Prosecutor may initiate investigation motu proprio or on
her own on the basis of info received from any reliable
source
Prosecutor then applies for warrant of arrest w/ Courts Pre-trial
chamber; if approved, issue

b.

Non-Treaty
Public 1235 Procedure

Provides confidential complaints procedure in order to

deal w communications indicating a consistent pattern of
gross and reliably attested violations of HR and
fundamental freedoms
Individuals, groups and organizations may submit
complaint to Sec Gen for confidential examination by the
Commission and Sub-Commission
Admissibility Criteria: complaint may not be anonymous
and may not contain insulting and abusive language
Declares on simple majority on issues before it
Make recommendations, appoint special rapporteur w a
mandate to submit confidential report or transfer it to
public 1305
Although ECOSOC cannot take binding decisions, a public
condemnation by ECOSOC of HR violations in a specific
country puts pressure on the govt to take its HR obligation
under UN Charter seriously

SPECIAL COUNTRY RAPPORTEURS AND THEMATIC RAPPORTEURS

1.
-

2.
-

Specific Country Rapporteurs And Working Groups

Mandated to report annually to the Commission on the
development of HR Situation in the country for which they have
been appointed
Thematic Rapporteurs And Working Groups
Thematic rapporteurs or working groups already formed were
issues of:
1. Involuntary Disappearance
2. Torture
3. Extra-Judicial Executions
4. Arbitrary Detention
5. Freedom of Expression
6. Xenophobia
7. Racism
8. Violence against women
May examine relevant info from all reliable sources about
violations of HR wherever they occur in the world
May also visit specific countries, with the consent of the
government concerned
Submit annual reports to the Commission and these annual
reports survey the info received by the special thematic
rapporteurs, the replies by the govt and their lack, actions
taken by the special rapporteur and general comments or
recommendations they wish to submit

CHAPTER 7 | PREVENTIVE MECHANISMS IN THE FIELD OF HR

-

1503 Procedure est by reso. 1235 & Reso 1503 of the

ECOSOC in 1967 and 1970

Administrative Remedies
Heads and bureaus or office has the authority to discipline his
employees in line w/ Sections 30 and 36, Book IV Under the
Revised Administrative Code of 1987
International Remedies
a. Treaty

Reporting requirement to ensure the state compliance w/

treaty obligations
Submission of reports to UN sec gen or to the monitoring
body created by the treaty
Comprehensive account of the measures adopted by the
state parties to apply the provisions of the UN Convention
Also contain elaboration on the progress that the state
parties have achieved to fulfill their obligations under the
covenant concerned as well as the factors and difficulties
that may retard their progress
Found in treaties like:
o Intl Covenant on Economic, Social and Cultural
Rights
o ICCP
o CEDAW etc

Authorizes CHR to debate during their annual sessions, the

question of the violation of HR and Fundamental
Freedoms
CHR and Sub-commission may examine info relevant to
gross violations of HR in their public sessions
Info on hr violations may be furnished by the states
(members and non members), members of subcommissions and by NGOs w consultative status w UN
Sub-commission is authorized to adopt rso on the situation
of HR in specific countries but may not take further action

Monitoring, investigative and judicial mechanisms to combat

HR violations and to put to an end the practice of impunity
must be coupled with and supported by proactive and
preventive arrangements and processes designed to develop
awareness of and respect for the indivisibility of HR

1. UN:
Office of the UN High Commissioner for Human Rights
Promote and prevent the HR that are guaranteed under Intl
Law and Stipulated by UDHR

Proactive and Preventive Responsibilities

Promoting and protecting the effective enjoyment by all of
civil, cultural, economic, political and social rights
2. Carrying out the tasks assigned to him/her by competent
bodies of UN System in the field of HR and submitting
1.

recommendations to them w a view to improving the

promotion and protection of all HR
3. Promoting and protecting the realization of the right to
development
4. Providing, through appropriate mechanisms and technical
and financial assistance, at the request of the State
concerned
5. Coordinating relevant UN education and public
information programmes in the field of HR
6. Playing an active role in removing current obstacles and in
meeting challenges to the fill realization of all HR and in
preventing the continuation of HR violations throughout
the world
7. Engaging in a dialogoue w govt in the implementations of
his/her mandate
8. Enhancing intl cooperation for the promotion and
protection of hr
9. Coordination of the HR promotion and protection
activities throughout the UN System
10. Naturalization, adaptation, strengthening and streamlining
of the UN machinery in the filed of HR to improve its
efficiency and effectiveness
11. Overall supervision of the Office of High Commissioner
NATIONAL HR INSTITUTIONS
Organization that has been est by natl govt w/ specific role of
protecting and promoting hr (Pegram, 2013)
Paris Principles:
1. Independence
2. Broad HR mandate
3. Adequate funding
4. Inclusive and Transparent Election and Appointment
Proccess
Activities:

Promote and ensure harmonization of national legislation,

regulation and practices w Intl HR instruments to w/c a state
is a party and their effective implementation, the ratification
of intl hr instruments and formulation of hr education
programme and take part in their execution
NGO
belonging to civil society that has been a forefront of the fight
for liberty and considered a pillar of democracy, the conscience
of the government and the overseer of the governmental
actions (Panganiban)
Peoples organization who are bona fide associations of citizens
w/ demonstrated capacity to promote public interest and w
identifiable leadership, membership and structure (1987
Consti)
Vital part of hr regime; bring out facts, contribute to the
standard setting as well as to the promotion, implementation
and enforcement of HR norms, spread the message of hr and
mobilize people to realize that message and proceed w/ a
speed, decisiveness and range of concerns impossible to
imagine in rel to work of bureaucratic and politically
constrained intergovernmental organizations
Important role: FIELD OF HR EDUCATION

Making people aware of their rights, responsibility not to

violate the right of others and of the possibility of redress
including supporting individuals in bringing cases
CHAPTER 8 | THE JUDICIARY, THE ACADEME, AND THE FAMILY ON
BUILDING HR CULTURE
HR CULTURE
Shared communitarian belief in the inherent dignity and of the
equal an inalienable rights of all members of the human family
Shared consensus that the dignity and worth of every human
person can be upheld and honored if thee state and nsa
undertake efforts and initiatives to uphold and honor hr
-

foundation for this culture is enshrined in the principles of the

universal declaration
result in a profound change in how individuals, communities,
states and the international community view relationships in all
matters
in this culture, hr would not be seen as a job of someone else
but the obligation and duty of all (Jose Ayala Lasso)

THE JUDICIARY
key player in the development of hr culture
potent agent to overcome marginalization, impoverishment,
discrimination, and inequality
can eliminate stripes (economic injustice, political and social
injustice)
it can educate and enlighten the members of the bar, litigant,
law students and the public about the majesty and efficiency of
hr
JUDICIAL ACTIVISM
important strategy to overcome all forms of oppression,
exploitation, impoverishment, unjustifiable in any model of
social development in Africa and Asia.
Encouraged by social action litigation, inspired by constitutional
values, may be regarded as a vital human technology for social
change in impoverished society
NOTABLE DECISIONS BY SC ON HR
1. Oposa v Factoran
2. Secretary of Defense vs Manalo
3. MMDA vs Concerned Residence of Manila Bay
4. Writ of Amparo
5. Habeas Data
6. Rules of Procedure for Environmental Cases
THE ACADEME
Article XIV (Education, Science And Technology, Arts, Culture
And Sports)
Inculcate patriotism and nationalism
Foster love of humanity
Respect for human rights
Appreciation of the role of national heroes in the historical
developmet of the country
Teach the rights and duties of citizenship
Strengthen ethical and spiritual values
Develop moral character and personal discipline
** HUMAN RIGHTS LAW
Effective 2013-2014 in all law schools
HR field trips
HR boot camps
HR exchange programs
HR Cultural Shows and art exhibition
HR Dialogue bet government, UN Officials, Students
HR Debate/Moot court competition
THE FAMILY
contributor in building of a human rights culture
sec 1: recognition of the state of the Filipino Family as the
foundation of the nation
sec 2: about marriage as an inviolable social institution and
foundation of the family
sec 3: states obligation to honor and defend the right that
pertains to spouses, children, family, or family associations and
the elderly
FIRST HANDS ON LESSONS ON THE RIGHT TO EDUCATION,
CULTURE, FOOD, HEALTH AND NUTRITION, WATER
FREEDOM OF EXPRESSION, EQUALITY, DUE PROCESS, JUSTICE
RIGHT TO WORSHIP, GOOD GOVERNANCE,
ACCOUNTABILITY,INTEGRITY AND LOVE
Great ideas and fine principles do not live from generation to
generation just because they are good, nor because they have been
carefully legislated. Ideals and principles continue from generation to
generation only when they are built into the hearts of children as
they grow up George Benson