ARELLANO UNIVERSITY

SCHOOL OF LAW

OUTCOMES-BASED TEACHING-LEARNING PROGRAM

1st Term, Academic Year 2017-2018

COURSE TITLE Human Rights Law

COURSE CODE HURL 000
CREDIT UNITS 2
SCHEDULE 2 HOURS per week
COURSE PRE-REQUISITE Constitutional Law 2
PROFESSOR Atty. Irene D. Valones
EMAIL ADDRESS [email protected]

Course Description This 2-unit course is a branch of public law which deals
with the body of laws, rules, procedures, and institutions
designed to respect, promote and protect human rights at the
national, regional and international level.

Organization This course will be taught in a Socratic Method of Learning

and an interactive lecture format. Students are responsible
for reading the assigned materials before coming to class
and should be prepared to discuss it, and answer questions
about it. Supreme Court Cases assignment, international
human rights instruments will be added as the class
progresses.

Classroom Rules A student with four (4) absences shall be dropped from the
course and will get a failing grade. No use of cellphones
during class. No coaching during recitation. Submission of
Assessment Tasks within the prescribed deadlines.
Observance of ethical rules on research while doing the
writing tasks.

Schools Programs Courses

Intended Learning Outcomes Intended Learning Outcomes Intended Learning Outcomes
The Arellano University The Arellano University Human Rights Law focuses
School of Law affirms its role School of Law aims to be on the basics of human
to develop individuals to the leading exponent of a rights, its development and
become committed advocates learner-centered approach to the remedies that are
of the law making them legal education that available when such rights
responsive to the global integrates values towards an are violated.
community and able to enhanced legal profession.
provide specialized legal At the end of the semester,
services. It is expected that students the students are expected to
of law will be able to acquire the following:
Thus, it is expected that demonstrate the following:
students will be able to
manifest the following:

1. Body of knowledge, 1. Have the proper 1. Exhibit a competitive

Research and Creative perspective and better level of knowledge, skills
Skills. Acquire adequate understanding of laws and and understanding of human
knowledge in the field of policies, rules and rights, international
Law and related disciplines regulations both national instruments, approaches,
and apply them in various and international. Exhibit a remedies and preventive
academic researches and competitive level of mechanisms aimed at

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creative endeavors. knowledge in the different addressing human rights

fields of law. violations and abuses.

2. Critical Skills, 2. Demonstrate and 2. Improve their

Effective Problem appreciate the intellectual prowess and
Solving. To progressively significance of law and vision on human rights
engage in theories and understanding its issues issues to become
facts, in the light of reason, and phenomena to important components of
towards solving theoretical everyday life thus discourses and debates at
and practical problems. contributing knowledge the national and global
of the law to theorizing, arena, an inspirational tool
decision-making and and moral force in peace
research. processes.

3. Leadership Skills to 3. Be at the forefront of 3. Gain new ideas and

Work Alone and in advocacy, specialized practices to stimulate
Teams. To exhibit a work legal education and popular involvement in
ethic anchored on honesty, research, responsive and the enforcement of human
responsibility, attuned to the times, and rights laws to ensure that
accountability and hone contributing to the human beings both
leadership skills to lead efficient, speedy and individually and
and work with others. honest dispensation and collectively are able to
administration of justice. realize their self-worth
and humanity.

4. Communicate 4. Effective articulation 4. Maintain and build

Effectively. To articulate of ideas derived from the upon positive innovations
ideas and express positions field of law imbibed with in theory and practice for
as steeped on the value of and guided by ethical the progress and stability
truth, guided by faith and values. of the nation through
reason. political communication.

5. Social Awareness and 5. Be globally-oriented, 5. It is of great importance

Global Perspective. To harnessing state-of-the-art for students who, after law
demonstrate awareness and technologies and school, may find
understanding of relevant methodologies. themselves involved in
social issues and respond to community development
the needs of the global and occupy elective or
community through appointive positions
concrete social action. which are tasked to
legislate or enforce local
developmental issues.

6. Ethical Action and 6. Be the leading 6. Work ethics and

Moral Character. To exponent of a learner- standards must be coupled
exhibit highest standards of centered approach to legal with respect for the rule of
integrity in both personal education that integrates law and the dignity of
behavior and professional values and ethics to persons in the national and
decorum. provide quality holistic local level.
education.

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I. INTRODUCTION
i. Definition of Human Rights
Constitutional Provisions
United Nations Definition

ii. Theories of Sources of Human Rights

Religious or Theological Approach

A basis of human rights theory stemming from a law higher than the state and
whose source is the Supreme Being.

Human rights are not concessions granted by human institutions or states, or

any international organization as they are God-given rights.

Central to the doctrines of all religions is the concept of dignity of man as a

consequence of human rights.
The divine source gives human beings a high value of worth.

The belief of a universal common creation means a common humanity and

consequently universal, basic and fundamental rights. And since rights come from
a divine source, they are inalienable and cannot be denied by mortal beings.
Criticism: Some religions impose so many restrictions on individual freedom;
some religions even tolerate slavery, discrimination against women, and
imposition of the death penalty

Natural Law Theory

o Originated from the Stoics and elaborated by Greek philosophers and later by
ancient Roman law jurists.
o Perceives that the conduct of men must always conform to the law of nature.
o Natural law embodies those elementary principles of justice which were right
reason, i.e., in accordance with nature, unalterable, eternal.

o Philosophers:
Thomas Aquinas considered natural law as the law of right reason in
accordance with the law of God, commonly known as the scholastic
natural law
Hugo Grotius the natural characteristics of human beings are the social
impulse to live peacefully and in harmony with others whatever
conformed to the nature of men as natural human beings was right and
just; whatever is disturbing to social harmony is wrong and unjust
John Locke envisioned human beings in a state of nature, where they
enjoyed life, liberty and property which are deemed natural rights

o Became the basis of the natural rights of man against oppressive rulers

o Nuremberg Trials rationale for finding the Nazis guilty: the crimes committed
were offenses against humanity and there is no need of a law penalizing the acts

Historical Theory
o Advocates that human rights are not deliberate creation or the effort of man but
they have already existed through the common consciousness of the people of
what is right and just.

o Human rights exist through gradual, spontaneous and evolutionary process

without any arbitrary will of any authority.

Functional or Sociological Approach

o Human rights exist as a means of social control, to serve the social interests
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society.
o Lays emphasis of obtaining a just equilibrium of multifarious interests among
prevailing moral sentiments and the social and economic conditions of the time
and place.

Positivist Theory
o All rights and authority come from the state and what officials have promulgated.
o The only law is what is commanded by the sovereign.
o The source of human rights is to be found only in the enactment of a law with
sanctions attached.
o A right is enjoyed only if it is recognized and protected by legislation promulgated
by the state.

Marxist Theory
o Emphasizes the interest of society over an individual mans interest. Individual
freedom is recognized only after the interest of society is served.
o Concerned with economic and social rights over civil or political rights of
community.
o Referred to as parental with the political body providing the guidance in value
choice. But the true choice is the government set by the state

Theory Based on Equality and Respect of Human Dignity

o The recognition of individual rights in the enjoyment of the basic freedoms such
as freedom of speech, religion, assembly, fair trial and access to courts.
o Governments must treat all their citizens equally. For this purpose, the
government must intervene in order to advance general welfare.

Theory Based on Justice

o Each person possesses inviolability founded on justice.
o The rights secured for justice are not subject to political bargaining or to social
interests.
o Each person has equal rights to the whole system of liberties. There is no justice
in a community where there are social and economic inequalities.
o The general conception of justice is one of fairness and those social primary
goods such as opportunity, income and wealth and self-respect are to be
distributed equally.

Theory Based on the Dignity of Man

o Human rights means sharing values of all identified policies upon which human
rights depend on.
o The most important values are respect, power, knowledge, health, and security.
o The ultimate goal of this theory is a world community where there is democratic
sharing and distribution of values.
o All available resources are utilized to the maximum and the protection of human
dignity is recognized.

Utilitarian Theory
o Seeks to define the notion of rights in terms of tendencies to promote specified
ends such as common good.
o Every human decision was motivated by some calculation of pleasure and pain.
The goal is to promote the greatest happiness of the greatest number.
o Everyone is counted equally, but not treated equally.
o Requires the government to maximize the total net sum of citizens.
o An individual cannot be more important than the entire group. A man cannot
simply live alone in disregard of his impulse to society.
o The composite society of which the individual is a unit has on its own wants,
claims and demands. An act is good only when it takes into consideration the
interests of the society and tends to augment the happiness of the entire
community.
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iii. Classification of Human Rights

iv. Characteristics of Human Rights
v. First, Second, Third and Fourth Generation of Human Rights
vi. Development of Human Rights (International and Domestic Paradigm)

Magna Carta of Human Rights, American Bill of Rights, and French

Declaration of Rights of Man and the Citizen
EDSA People Power I, II, and III

vii. Overview of the Commission on Human Rights [CHR] (Mandate, Powers, and
Functions
CASES:
Cario vs Commission on Human Rights - G.R. No. 96681, December 2, 1991
Simon vs Commission on Human Rights - G.R. No. 100150, January 5, 1994
EPZA vs Commission on Human Rights - G.R. No. 101476, April 14, 1992
PBM Emp. Org v PBM Co., Inc., 51 SCRA 189 (1973)
Baldoza v Dimaano, 71 SCRA 152 (1976)
David v Arroyo, 489 SCRA 160 (2006)
Southern Hemisphere Engagement Network, Inc. v Anti-Terrorism Council, 632
SCRA 146 (2010)
Ocampo vs Enriquez, Marcos, et al - GR No. 22593, November 8, 2016
Government of HK vs Olalia, GR No. 153875, April 19, 2007

PANEL DISCUSSION, DEBATE & OPEN FORUM

Marcos Burial Case (Presentation of the Group on the Concurring and
Dissenting Opinions) of the Justices
Critical Analysis on whether there is a Historical Revisionism

ASSESSMENT TASKS: Graded Recitation every meeting

Group Written Output to be submitted via email in word doc format
on or before midnight of August 31, 2017

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II. SOURCES OF HUMAN RIGHTS

International Agreements Kuala Lumpur War Crimes Commission
International Customary Law Intl Criminal Tribunal of Afghanistan
Jus cogens
Obligatio Ergo omnes
Actio Popularis
Incorporation Clause
Judicial decisions and teaching

READINGS: North Sea Continental Shelf: West Germany vs Denmark/West Germany

vs Netherlands ICJ 20 February 1969
International Court of Justice

III. STATE RESPONSIBILITY

A. International State Responsibility
i. International Bodies that Protect and Promote Human Rights
Office of the United Nations High Commissioner for Human Rights
Human Rights Committee (CCPR), the Committee against Torture (CAT), the
Committee on the Elimination of Discrimination against Women (CEDAW),
the Committee on the Elimination of Racial Discrimination (CERD), the
Committee on the Rights of Persons with Disabilities (CRPD), the Committee
on Enforced Disappearances (CED), the Committee on Economic, Social and
Cultural Rights (CESCR), and the Committee on the Rights of the Child
(CRC).
Distinguished UNCHR from United Nations Human Rights Committee, or
United Nations Human Rights Council.
United Nations Economic and Social Council

ii. Human Rights Council Complaint Procedure

iii. United Nations New Guiding Principles on Business and Human Rights UN Human
Rights Council Resolution 17/4 Human rights and Transnational Corporations and
other business enterprises
iv. Vienna Declaration and Programme of Action Adopted by the World Conference on
Human Rights in Vienna on 25 June 1993
v. International Criminal Court [ICC] (Mandate, Structure, Jurisdiction and Admissibility)
Rome Statute
vi. Sub-Commission of Experts and Rapporteurs

B. Domestic State Responsibility

i. State as guarantor of Human Rights
ii. Human Rights and the Rule of Law
iii. Role of the Judiciary

iv. Violations by State actors

v. Violations by private individuals
vi. State liability for HR violations committed by :non-State actors

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vii. Derivative State responsibility for complicity

viii. Prohibition on unreasonable searches and seizures
ix. Command Responsibility: Yamashita Standard
CASES
People v Andre Marti, 193 SCRA 57 (1991)
Waterhouse Drug v NLRC, GR 113271 (16 Oct 1997)
Zulueta v CA, 253 SCRA 699
Gamboa v Chan, 677 SCRA 385 (2012)
Rule of Procedure on Environmental Cases, Rule 7, Part III, A.M. No. 09-6-8-SC
Oposa v Factoran, Jr 224 SCRA 792 (1993)
Laguna Lake Devt Authority v CA 7 Dec 1995, GR 120865-71

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MMDA v Concerned Residents of Manila Bay 18 Dec 2008, GR 171947-48

In Re Yamashita, 327 US 1 (1946)
David v Arroyo, 489 SCRA 160 (2006)

PANEL DISCUSSION & OPEN FORUM

Sharing of current International Human Rights Issues by the students
Discussion on the human rights situation in the Philippines
PNP Oplan Double Barrel and Double Barrel Reloaded

ASSESSMENT TASKS:

Reflection Paper on the Current Human Rights Situation in the Philippines

(not more than 3,000 words) to be submitted on the midnight of September
30, 2017
Graded Recitation every meeting

IV. CIVIL AND POLITICAL RIGHTS

i. Definition and Nature of Civil and Political Rights
ii. International Convention on Civil and Political Rights
iii. Right to Life, Liberty and Security
Death Penalty
Legal and Ethical Considerations on Euthanasia
Difference between assisted dying and euthanasia
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Prohibition Against Slavery and Involuntary Servitude

Involuntary Servitude
Torture, Cruel, Inhuman or Degrading Treatment and Punishment
Arbitrary Arrest and Detention

iv. Rights of the Accused

CASES
People of the Philippines v.s Leo Echegaray, [G.R. No. 117472. June 25, 1996]
Imbong vs Ochoa, et al GR No. 204819, April 8, 2014
Basa vs Workmens Compensation Commission and Republic of the Philippines,
GR No L-43098, March 30, 1981
Biscarra vs Workmens Compensation Commission, GR No. L-43425, January
22, 1980

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People vs Casio, GR No. 211465, December 31, 2014

People vs Cuizon, 256 SCRA 320
Valmonte vs de Villa, 178 SCRA 211
People vs Bolanos, 211 SCRA 262
People vs Bason, 219 SCRA 404
People vs Ramos, 122 SCRA 312
Beltran vs Samson, 33 Phil 570
Guanzon vs del Villla
Ramirez vs Court of Appeals
Ople vs Ruben Torres, 293 SCRA 141
Marcos vs Manglapus
Villavicencio vs Lukban, 39 Phil 778
Mejoff vs Director of Prisons, 490 Phil 70
Ebralinag vs Division Superintendent School of Cebu, 219 SCA 256
German vs Baangani, 135 SCRA 514
Eastern Broadcasting vs Dans, 137 SCRA 628
Burgos v Chief of Staff, 133 SCRA 802
Sanidad vs. COMELEC, 181 SCRA 529
Ayer Production vs Judge Capulong, 160 SCRA 861
Valmonte vs Belmonte, 170 SCRA 256
Francisco Chaves vs PCGG, 299 SCRA 244
Victoriano vs Elizalde Rope Workers Union, 59 SCRA 54

OPEN FORUM
Religious Freedom and Freedom of Expression
Standards of Review: Clear and Present Danger Test, Dangerous Tendency Test,
Balancing of Interest Test
Levels of Scrutiny: Rational Basis Test, Intermediate Scrutiny Test, Strict Scrutiny Test
Facial Challenge: Overbreadth Doctine, Void for Vagueness Doctrine

Sharing of current International Human Rights Issues by the students

ASSESSMENT TASKS: Graded Recitation

V. ROLE OF JUDICIARY IN THE PROMOTION OF HUMAN RIGHTS

i. Writ of Amparo
ii. Writ of Habeas Corpus
iii. Writ of Kalikasan
iv. Writ of Habeas Data

VI. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

i. Economic, Social and Cultural Council (ECOSOCC)

CASES
Knights of Rizal vs DMCI, GR No. 213948, April 25, 2017
Manila Prince Hotel vs GSIS, GR No. 122156, February 3, 1997
Magdalena State Inc., vs Kapisanan ng mga Manggagawa
Gold City Integrated Post Service vs NLRC, 245 SCRA 627
SSS vs Court of Appeals, 175 SCRA 686
PBM Employees vs PBM Steel, 51 SCRA 189

READINGS Universal Access to Quality Tertiary Education, August 3, 2017

International Covenant on Economic, Social and Cultural Rights
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OPEN FORUM

Sharing of current International Human Rights Issues by the students

Right to Education and Development of Human Personality
State Compliance with the Covenant
Participation in Cultural Life and Benefits of Scientific Progress

ASSESSMENT TASKS: Graded Recitation

Reaction Paper on the Relevance and Feasibility of the Universal

Access to Quality Tertiary Education of 2017 (not more than 3,000
words) to be submitted on or before midnight of October 20, 2017

VII. SOLIDARITY RIGHTS

i. Justiceability of the solidarity right to a healthy environment
ii. Writ of Kalikasan
iii. 1972 Stockholm Conference
iv. 1972 World Heritage Convention
v. 1985 Vienna Convention
vi. 1987 Montreal Protocol on Substances that deplete the Ozone Layer
vii. 1989 Basel Convention on the Control of Transnational Boundary Movements of
Hazardous Wastes and their Disposal
viii. 1992 Convention on Biological Diversity
ix. Paris Agreement

CASES

Gamboa vs Chan, 677 SCRA 385

Oposa vs Factoran, 224 SCRA 792
Laguna Lake Devt Authority v CA 7 Dec 1995, GR 120865-71
MMDA vs Concerned Residents of Manila Bay, GR No. 171947-48, December 18, 2008

OPEN FORUM

Sharing of current International environmental law Issues by the students

ASSESSMENT TASKS: Graded Recitation

VIII. Human Rights Situation of Vulnerable Sector

i. Rights of Children and Youth
ii. Juvenile Justice
iii. Elderly Sector
iv. People With Disability (PWD)
v. Mentally Disabled Persons
vi. Prisoners/Detainees
vii. Migrant Workers
viii. Laborers
ix. Household Helpers
x. Refugees
xi. Stateless Persons
xii. LGBT Rights
xiii. Indigenous Communities

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CASES Republic vs Cagandahan, 565 SCRA 72

Ang Ladlad vs COMELEC, GR No. 109582, April 8, 2010
Cruz vs Secretary, GR No. 135385, December 6, 2000

RA 9344 Juvenile Justice and Welfare Act

RA 7610 Anti-Child Abuse Law
RA 9321 Elimination of the Worst Form of Child Labor
RA 9975 Anti-Child Pornography
RA 1064 Expanded Anti-Trafficking in Persons especially Women and Children
CEDAW
RA 9262 Anti Violence Against Women and their Children Act of 2004
RA 8972 Solo Parents Act
International Convention on the Protection of the Rights of Migrant Workers and
Members of their Families
Convention on the Rights of Persons with Disabilities
Convention on the Rights of Indigenous Peoples
RA 8371 Indigenous Peoples Rights Act (IPRA)
Senior Citizens
CyberCrime

OPEN FORUM

Sharing of current International human rights issues by the students

ASSESSMENT TASKS Graded Recitation

Reaction Paper on the proposed legalization by Congress of the

Same Sex Marriage in the Philippines (not more than 3,000 words)
to be submitted on the midnight of November 10, 2017

IX. RIGHT AGAINST TORTURE AND ENFORCED DISAPPEARANCE

i. Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment and
Punishment
ii. RA 9745 Anti Torture Act of 2009
iii. International Convention for the Protection of All Persons from Enforced Disappearance
iv. Writ of Habeas Corpus and Writ of Amparo

CASES
Secretary of National Defense vs Manalo, 568 SCRA 1
Razon vs Tagtiis, 606 SCRA 598 (2009), 612 SCRA 685 (2010)
Rubrico vs MAcapagal Arroyo, 613 SCRA 233 (2010)
Boac vs CAdapan, 649 SCRA 618
Rodriguez vs Macapagal Arroyo, 662 SCRA 312 (2011)
Navia vs Pardico, 673 SCRA 618 (2012)
Canlas vs Napico Homeowners Association, 554 SCRA 208 (2008)

X. INTERNATIONAL HUMANITARIAN LAW

i. Restriction and Limittaions: Derogation
ii. Components, Application, Origin, and Fundamental Rules on IHL

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XI. SUSTAINABLE DEVELOPMENT GOALS

XII. UNITED NATIONS (Purpose, Principal Organs, Offices, Agencies, Programmes and
Subsidiary Bodies
XIII. CURRENT ISSUES (Climate Change, International Migration, Refugee Crisis (Syrian
refugees, etc) Urban Violence, Emergent and Recurrent Diseases, Internet Freedom,
International Disaster Relief and Recovery Assistance, etc)

XIV. MONITORING SYSTEMS

i. Charter Based Mechanism
ii. Treaty-Based Mechanism

iii. Complaint Procedure, State Reports, Special Procedure, NGO, NHRI Reports
iv. RA 10368 Human Rights Reparation and Recognition Act of 2013

XV. THE ROAD AHEAD

OPEN FORUM
Sharing of current International human rights issues by the students
ASSESSMENT TASKS Graded Recitation

Course Reference: Coquia and Petralba

Grading System:
Class Standing (Recitations and Written Output (one group report and 3 individual writing
tasks) - 30%
Midterm Examination 30%
Final Exam 40%

TOTAL 100%

To deny people their human rights is to challenge their very humanity

Nelson Mandela
South African civil rights activist

Injustice anywhere is a threat to justice everywhere

Martin Luther King
African-American civil rights activist

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