COURSE SYLLABUS
SUBJECT CODE: Law 518
SUBJECT DESCRIPTION: Human Rights Law
CLASS NUMBER: 0530911
PROFESSOR: Atty. Janil Jay S. Equiza
UNITS: 2 units/ 2 hours
SEMESTER: 1st Semester, 2021-2022
SCHEDULE: Monday 5:00-9:00 PM
REQUIREMENTS: Midterm and Final Examinations, Case Digests and Class
Participation (Recitations and Attendance)
Course Description:
This course provides an introduction to international human rights law,
its foundation, sources, principles, contemporary critiques, and enforcement
machinery. In this course, students will study and be made fully aware of
Constitutional Provisions, International Law Principles, Conventions,
International and Domestic Laws and relevant International and Local
Jurisprudence in the field of human rights.
I. NATURE OF HUMAN RIGHTS
A. Definition
B. Kinds of Human Rights
- Laguna Lake Development Authority vs. Court of Appeals (G.R.
No. 110120, March 16, 1994)
C. Three Principles of Human Rights
D. Characteristics of Human Rights
E. Four Components of Human Rights
F. Three Stages of Human Rights
G. Three Obligations of State Parties
Read the following cases:
-Simon vs. Commission on Human Rights (G.R. No. 100150, January 5,
2014)
-Oposa vs. Factoran (G.R. No. 101083, July 30, 1993)
II. SOURCES OF HUMAN RIGHTS
A. International Sources
1. International Agreements/Conventions
-International Bill of Rights
2. International Customary Law
-North Sea Continental Shelf Cases (Federal Republic of
Germany vs. Denmark; Federal Republic of Germany vs.
Netherlands [International Court of Justice, February 20, 1969])
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a. Jus Cogens
-Nicaragua vs. United States of America, International Court
of Justice, June 27, 1986
b. Obligatio Erga Omnes
-Belgium vs. Spain, Internal Court of Justice, July 24, 1964
(Barcelona Traction Light and Power Company)
c. Universal Jurisdiction
d. Actio Popularis
3. General Principles of International Law
a. Incorporation Clause
-Kuroda vs. Jalandoni (G.R. L-2662, March 26, 1949)
4. Judicial Decisions and Teachings
a. International Court of Justice (ICJ)
-Barcelona Traction light and Power Company, supra.
b. International Criminal Court (ICC)
-Philippines withdrawal from ICC; effect
B. Local Sources
1. 1987 Constitution (“Human Rights Constitution”)
a. Bill of rights (Art. III, 1987 Constitution)
b. The Commission of Human Rights (Sections 17-19, Article
XIII)
2. Legislative Enactments
3. Executive Issuances
-Executive agreements vs. Treaties (Saguisag vs. Executive
Secretary, G.R. No. 212426, January 12, 2016)
4. Philippine Jurisprudence
-Article 8, New Civil Code of the Philippines
III. STATE RESPONSIBILITY
A. Why the state?
1. State as a Guarantor of Human Rights
-People of the Philippines vs. Andre Marti (G.R. No. 81561,
January 19, 1991)
2. Human rights and the rule of law
3. Violations by State Actors
4. Violation by Private Individuals
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5. State Liability for Human Rights Violations Committed by Non-
State Actors
B. International State Responsibility
1. International State Responsibility for Internationally Wrongful
Acts
-Velasquez-Rodriquez vs. Honduras, Inter-American Court of
Human Rights, July 29, 1988
2. Derivative State Responsibility for Complicity
-Nicaragua vs. United States of America, International Court of
Justice
C. Local Laws and Jurisprudence on State Responsibility
1. Restraint against the State not against private individual
-People of the Philippines vs. Andre Marti, supra.
2. Justiciability of the solidary right to a healthy environment
-Oposa vs. Factoran, supra.
- Rule 7, AM No. 09-6-8-SC (Rules of Procedure for
Environmental Cases)
D. Command Responsibility
1. Responsibility of commanders and other superiors
-Article 28, Rome Statute of the International Criminal Court
2. The Yamashita Standard
-In re: Yamashita 327 US 1 (1946)
REFERENCES:
Rene V. Sarmiento, HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
1987 Philippine Constitution
New Civil Code
Supreme Court Decisions
“True knowledge exists in knowing that you know nothing. The first step towards wisdom is the
recognition of your ignorance. -Socrates”
Notes:
-This is just part one of the course syllabus;
-The professor reserves the right to assign additional readings and assignments
and to amend the outline as may be deemed necessary.
GRADING SYSTEM
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Midterms 30%
Finals 30%
Class participation 40%
-recitations 20%
-attendance 10%
-case digests 10%
TOTAL 100%
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