HUMAN RIGHTS EDUCATION Right to privacy
(CJL 2) 2. Second Generation: Economic, social and
“Your right ends, when the right of cultural rights
others begin. The second generation of rights started to be
-Justice Oliver Wendell Holmes recognized when people realized the possession
of the first generation of liberty rights would be
HUMAN RIGHTS valueless without the enjoyment of economic,
social and cultural rights.
Human rights are the fundamental rights and Example: Right to work, Right to education,
liberties that every person in the world has from Right to social security, Right to health
birth to death. Human rights can never be taken 3. Third Generation: Solidarity rights and
away, although they can sometimes be restricted. collective rights
The third generation of right is intended to
Human rights are the rights that belong to benefit individuals, groups and peoples and its
individuals merely because they are humans, or realization will need global cooperation based on
as a result of human vulnerability or because international solidarity.
they are necessary for a just society to exist. Example: Right to peace, Right to development,
Environmental rights and Right of
Human rights are a collection of ideals that self-determination
promote equality and justice.
FUNDAMENTALS OF HUMAN
Human rights as defined by the United Nations: RIGHTS
“Human rights are generally defined as 1. Universality- It means that rights belong to
those rights, which are inherent in our nature, and are to be enjoyed by all human beings
and without which, we cannot live as human without distinction of any kind, such as race,
beings.” color, sex, language, religion, political and other
opinion, national and social origin, property,
Human rights as defined by Philippine birth or other stature.
Commission on Human Rights: Example: Right to life and Right to liberty
“Human rights are supreme, inherent and 2. Indivisibility- All human rights have the
inalienable rights to life, dignity and same validity and cannot be placed in hierarchy.
self-development. It is the essence of these rights 3. Interdependence- The realization of one
makes human” right is frequently contingent on the realization
of others, totally or partially.
Kinds of Human Rights
1. First Generation: Civil and Political Rights BASIC CHARACTERISTICS OF
The first generation of rights gradually evolved HUMAN RIGHTS
over centuries during the long development of 1. Inherent- Human rights are inherent because
democratic society and serve as a protection of they are not granted by any person or authority.
the individuals from the arbitrary exercise of 2. Universal- Human rights are universal to all
police power. beings irrespective of their origin, status or
Example: Right to Life, Right to liberty and condition or place where they live.
security of person, Right against torture, Right to 3. Inalienable- Human rights are inalienable
equal protection against discrimination and because they can’t be taken from a free person
Glyza D. Fernandez 1 Human Rights Education for Criminal Justice
Instructor Arnold Grecia Rago, Ph.D Crim, PG Dip SRM
Criminology Department Charlene ANdreo- Blancoflor, Bachelor of Laws
without their consent, and they can’t be given subjects.
away or forfeited.
3. Object
Why are Human Rights important? -is the content of any given right and any
duty of the holder of the right and the holder of
Human rights are fundamental freedoms that we obligation. This right and this duty are the
all enjoy just because we are human. They human values and needs which are found in
represent social ideals such as fairness, dignity, human rights rules and norms.
equality and respect. They are critical safeguards 4. The Implementation
for all of us, especially those who may be - is a set of measures, approaches and
subjected to abuse, neglect or isolation. Most initiatives designed to realize the right concerned.
importantly, these rights give us power and This includes laws, administrative measures,
enable us to speak up and to challenge the poor legal writs and mechanisms adopted by the three
treatment from a public authority. branches of government, namely the Legislative,
Executive and Judiciary.
People have the ability to choose how they live,
how they express themselves and what kind of HUMAN RIGHTS EDUCATION
government they support among other things,
thanks to Human rights. Human Rights Education is defined as training,
dissemination and information efforts aimed at
Who has the Responsibility to Protect Human the building of universal culture of human rights.
Rights?
Human Rights Education is the imparting of
Government bear a special duty for ensuring that knowledge and skills on the molding of attitudes
people can exercise their rights. They must which are directed towards strengthening the
create and maintain laws and services that allow people’s respect for human rights.
individuals to live in a world where their rights
are respected and protected. RIGHT AND FREEDOM
COMPONENTS OF HUMAN RIGHT FREEDOM
RIGHTS Rights are
Freedom refers to
individual’s moral
the power to act or
1. Subject holder or a right holder or legal entitlement
change without
-is an individual (natural person), a group to have or to do
restriction.
of individuals or non-government organization something.
entitled to the rights under the law can take legal Freedom refers to
action to protect or to promote those rights. A right is privilege the absence of
Equitable to what is due. bestowed upon all restriction on how
citizens. you conduct your
2. Duty holder acts.
- is an entity, normally a state that is Example: Right to
Example: Freedom
obliged to respect, to ensure and to protect the vote, the Right to
to complain,
subject holder’s rights. In human rights, States property, Right to
Freedom of Speech
are considered a duty-holders rather than the information
Glyza D. Fernandez 2 Human Rights Education for Criminal Justice
Instructor Arnold Grecia Rago, Ph.D Crim, PG Dip SRM
Criminology Department Charlene ANdreo- Blancoflor, Bachelor of Laws
aims:
1. To ensure peace and unity;
HISTORY OF HUMAN RIGHTS 2. To promote economic development;
3. To promote the development of international
Concept of Ethical behavior, justice, and human law; and
dignity can be traced back to Babylonian, 4. To ensure the observance of human rights
Chinese and Indian cultures. They influenced
Greek and Roman Law, Buddhist, Christian, The UN’s strong emphasis on human rights
Confucian, Hindu, Islamic and Jewish teachings. made it different from previous international
organizations. UN member-countries believed
1215- The English barons forced King John of that the protection of human rights would help
England to sign Magna Carta- Latin for “Great ensure freedom, justice and peace all in the
Charter”. It is the first document to limit the future.
king’s ultimate power and make him answerable
to his subjects. The Constitutional Mandate of Philippine
Commission on Human Rights on Education
1776- The American Declaration of
Independence was based on the understanding The teaching of human rights in the Philippine
that certain rights, such as life, liberty and the school is mandated by Article II of the 1987
pursuit of happiness were fundamental to all Constitution which states that all educational
people. institutions shall inculcate patriotism and
nationalism, foster love of humanity and respect
1789- French Declaration of the Rights of Man for human rights.
and the Citizen challenged the aristocracy and
recognized the liberty, equality and fraternity of THEORIES OF SOURCES OF
individuals. RIGHTS
1790- United State’s Bill of Rights recognized 1. Religious or Theological Approach
freedom of speech, religion and the press, as This is the doctrine of Supreme Being, the
well as the right to peaceful assembly, private creator, the Father of humanity. The theological
property and a fair trial. approach means also the brotherhood of men and
equality in the eyes of God.Theology therefore is
1941- U.S President Roosevelt proclaimed the a basis of human rights theory stemming from a
“Four Freedoms” that people everywhere in the law higher than the state and whose source is the
world ought to enjoy- freedom of speech and Supreme Being.
belief and freedom from want and fear.
2. The Natural Law Theory
1945- The nations of the world have been The natural law theory which was
working together to determine what rights originated from the Stoics and elaborated by
belong to everyone and how they might be best Greek Philosophers Plato and Aristotle and later
promoted and maintained. by ancient Roman law jurists perceives that the
conduct of men always conform to the law of
1946- The UN was created to fulfill four key nature.Natural law conferred rights upon
Glyza D. Fernandez 3 Human Rights Education for Criminal Justice
Instructor Arnold Grecia Rago, Ph.D Crim, PG Dip SRM
Criminology Department Charlene ANdreo- Blancoflor, Bachelor of Laws
individuals viewed as part of the law of God.
8. The Theory Based on Justice
3. Historical Theory The general conception of justice is one of
The Historical Theory believes human fairness and those social primary goods such as
rights exist through gradual, spontaneous and opportunity, income and wealth and self-respect
evolutionary process without any arbitrary will are to be distributed equally. Justice, it is said, is
of any authority. The examples are customs and the greatest interest of man. Respect for human
traditions. rights serves the end of justice.
According to John Rawls, in his Theory of
4. The Positivist Theory or Legal Positivism Justice, the first virtue of social institution is
It states that all rights and authority come justice. Each person possesses inviolability
from the state and what officials have founded on justice, and when the liberties of
promulgated. The source of human rights is to be equal citizenship are settled. The rights secured
found only in the enactment of a law with for justice are not subject to political bargaining
sanctions attached. or to social interest.
5. The Marxist Theory 9. Theory Based on Equality and Respect
This theory emphasized the interest of Equality with respect to basic liberty means
society over an individual man’s interest. that recognition of individual rights in the
Individual freedom is recognized only after the enjoyment of basic freedom. Government must
interest of the society is served. It is concerned treat all their citizens equally and they must
with economic and social rights over political or intervene in order to advance general welfare.
civil rights.
10. Theories Based on Dignity of Man
6. The Functional or Sociological Approach This theory proceeds on the premise that
Under the functional and sociological human rights means sharing values of all
theory, human rights exist as a means of social identifies policies upon which human rights
control. Human rights exist to serve the social depends on. The ultimate goal of this theory is a
interest of the society. world community where there is a democratic
sharing and distribution of values. This theory
7. The Utilitarian Theory is ,in fact, is better referred to as policy Science
The goal is to promote greatest happiness approach.
for greatest number. An act is good only when it
takes into consideration the interest of the HUMAN RIGHTS OBLIGATION
society and tends to augment the happiness of OF GOVERNMENTS
the entire community.
According to Jeremy Bentham every Government- refers to the body of persons or
human decision was motivated by some group that constitutes the governing authority of
calculation of pleasure and pain. His philosophy a political unit and constituting the organization
seeks to define the notion of rights in terms of as an active agency.
tendencies to promote specified ends such as
common good. The primary responsibilities and obligation in
According to Rudolf Ikering an individual the field of human rights enjoyment remain with
cannot be more important than the entire group. the state and the state cannot relieve itself of
Glyza D. Fernandez 4 Human Rights Education for Criminal Justice
Instructor Arnold Grecia Rago, Ph.D Crim, PG Dip SRM
Criminology Department Charlene ANdreo- Blancoflor, Bachelor of Laws
these obligations by delegating human rights settle controversies involving rights that are
obligations to non-entities or for that matter, legally demandable and enforceable. It is made
international organizations. The international up of Supreme Court and lower courts.
human rights framework places primary
responsibility on governments for ensuring that PHILIPPINE POLICE POWER
human rights standard are met.
Police Power is the inherent power of
Under human rights treaties, government have government to exercise reasonable control over
primary responsibility for protecting and persons and property within its jurisdiction in the
promoting human rights. But governments are interest of general security, health, safety, morals
not solely responsible for ensuring human and welfare except where legally prohibited.
rights. The UDHR states:
Requisites of a valid police measure:
“Every individual and every organ of
society...shall strive by teaching and education a. Lawful Subject- the activity or
to promote respect for these rights and freedoms property sought to be regulated affects
and by progressive measures, national and the public welfare. It requires the
international, to secure their universal and primacy of the welfare of the many
effective recognition and observance.” over the interest of the few.
b. Lawful Means- the means employed
This provision means that not only the must be reasonable and must conform
government, but also businesses, civil society to the safeguards guaranteed by the
organizations and individuals are responsible for Bill of Rights.
promoting and respecting human rights. State
State is a form of human association
PHILIPPINE GOVERNMENT distinguished from other social groups by its
purpose, the establishment of order and security;
The Philippine is a republic with a presidential its methods, the laws and their enforcement; its
form of a government wherein power is equally territory, the area of jurisdiction or geographic
divided among its three branches:executive, boundaries; and by its sovereignty.
legislative and judicial. One basic corollary in The modern state’s role vis-a-vis human
presidential system of government is the rights has always been ambiguous. State is the
Principle of Separation of Powers. basic guarantor of human rights protection, just
as they can be brutal violators of human rights.
1. The Executive Branch- composed of the
President and the Vice- President who are HUMAN RIGHTS VIOLATIONS
elected by direct popular vote and serve for a
term of 6 years. A state commits human rights violations either
2. The Legislative Branch- is authorized to directly or indirectly. Violations can either be
make laws, alter, and repeal them through the intentionally performed by the state and or come
power vested in the Philippine Congress. This as a result of state failing to prevent the violation.
institution is divided into the Senate and the When a state engages in human rights violations,
House of Representatives. various actors can be involved such as police,
3. The Judicial Branch- holds the power to judges, prosecutors, government officials and
Glyza D. Fernandez 5 Human Rights Education for Criminal Justice
Instructor Arnold Grecia Rago, Ph.D Crim, PG Dip SRM
Criminology Department Charlene ANdreo- Blancoflor, Bachelor of Laws
more. The violation can be physically violent in
nature, such as the right to fair trial can also be
violated, where no physical violence is involved.
The second type of violation- failure by the state
to protect- occurs when there’s a conflict
between individuals or groups within a society.
If the state does nothing to intervene and protect
vulnerable people and groups, it’s participating
in the violence.
Glyza D. Fernandez 6 Human Rights Education for Criminal Justice
Instructor Arnold Grecia Rago, Ph.D Crim, PG Dip SRM
Criminology Department Charlene ANdreo- Blancoflor, Bachelor of Laws
