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UNIT II
HISTORY, CONCEPT OF HUMAN RIGHTS AND HUMAN RIGHTS SITUATION
IN THE COUNTRY
Learning Objectives
At the end of the unit, I can:
1. Define human rights
2. Understand the concept of human rights
3. Understand the Philippine Constitution under the Article 3, 1987
Setting Up
Name:______________________ Facilitator:____________________
Section/Course:______________ Date:________________________
True or False
1. Human rights allow a person to live with dignity and in peace.
2. The rights of Filipinos can be found in Article II of the 1970 Philippine
Constitution.
3. Known today as the Cyrus Cylinder, this ancient record has now been
recognized as the world’s first charter of human rights.
4. Human rights, according to the Meriam Webster of Philosophy, refers to
norms that aim to protect people from political, legal, and social abuses.
5. Criminals or those in conflict with the aw are still protected by rights as
indicated in many legal documents such as the Philippines’ Criminal Code
and UN’s Standard Minimum Rules for the Treatment of Prisoners.
6. According to the 1987 Philippine Constitutions defined as the declaration
and enumeration of a person’s rights and privileges which the Constitution
is designed to protect against violations by the government or by individuals
or group of individuals.
7. There are five classes of rights
8. The Philippines Constitution have 25 Human Rights under Articles 3, 1987.
9. Freedom of Association is one of Human Rights under the Philippine
Constitution
10. December 10 is also considered as the United Nations Human Rights Day.
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A Brief History of Human Rights
The Cyrus Cylinder (539 B.C)
In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the
city of Babylon. But it was his/her next actions that marked a major advance for Man. He
freed the slaves, declared that all people had the right to choose their own religion, and
established racial equality. These and other decrees were recorded on a baked-clay
cylinder in the Akkadian language with cuneiform script.
Known today as the Cyrus Cylinder, this ancient record has now been recognized as the
world’s first charter of human rights. It is translated into all six official languages of the
United Nations and its provisions parallel the first four Articles of the Universal Declaration
of Human Rights.
The Concept of Human Rights
Human rights allow a person to live with dignity and in peace, away from the abuses
can be inflicted by abusive institutions or individuals. But the fact remains that there are
rampant human rights violations around the world..
To further promote the importance of human rights in the Philippines, December 4 to
10 of each year is marked as National Human Rights Consciousness Week via Republic
Act No. 9201.
December 10 is also considered as the United Nations Human Rights Day. It
commemorates the day the UN General Assembly Adopted the United Declaration of
Human Rights in 1948.
11. What are human rights?
Human rights, according to the Stanford Encyclopedia of Philosophy, refers to norms
that aim to protect people from political, legal, and social abuses. The United Nations
(UN) defines human rights as universal and inalienable, interdependent and invisible,
and equal and non-discriminatory.
Universal and inalienable:
Human rights belong to all and cannot be taken away unless specific situations call
for it. However, the deprivation of a person’s right is subject to due process.
Interdependent and indivisible:
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Whatever happens to even one right-fulfillment or violation-can directly affect the
others.
Equal and non-discriminatory:
Human rights protect all people regardless of race, nationality, gender, religion, and
political learning, among others. They should be respected without prejudice.
Human rights can also be classified under individual, collective, civil, political,
economic and social, and cultural.
12. What laws or legal documents ensure the human rights of Filipino Citizens?
The rights of Filipinos can be found in Article III of the 1970 Philippine Constitution.
Also called the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s
rights and privileges that the Constitution has to protect, no matter what.
Aside from various local laws, human rights in the Philippines are also guided by the
UN’s International Bill of Human Rights- a consolidation of 3 legal documents including
the Universal Declaration of Human Rights (UDHR), the International Covenant on
Civil and Political Rights (ICCPR), and the International Covenant on Economic
Social, and Cultural Rights (ICESCR). As one of the signatories of these legal
documents, the Philippines is Obliged to recognize and apply appropriate laws to
ensure each right’s fulfillment. This is not always the case, however, as the Philippine
Constitution lacks explicit laws to further cement specific human rights in the local
context. For example the Right to Adequate Food may be included in the UNDR but it
is not explicitly indicated in the Philippine Constitution. Thus the government cannot
be held responsible if this not attained (READ: Zero Hunger: Holding gov’t
accountable)
13. Who oversees the fulfillment and protection of human rights in the Philippines?
Human rights are both rights and obligations, according to the UN. The state- or the
government- is obliged to “respect, protect, and fulfill” these rights.
Respect begets commitment from state that no law should be made to interfere or
curtail the fulfillment of the stated human rights. Protecting means that human rights
violations should be prevented and if they exist, immediate action should be made.
In the Philippines the Commission on Human Rights (CHR) primarily handles the
investigations of human rights violations. However, it has no power to resolve issue
as stated in the Supreme Court decision in 1991.
Established in 1986 during administration of President Corazon Aquino, CHR is an
independent body which ensures the protection of human rights guaranteed by the
Bill of Rights.
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Aside from investigations, it also provides assistance and legal measures for the
protection of human rights guided by Section 18 Article XIII of the Philippine
Constitution.
14. Do criminals or those who break the law still enjoy human rights?
Criminals or those in conflict with the aw are still protected by rights as indicated in
many legal documents such as the Philippines’ Criminal Code and UN’s Standard
Minimum Rules for the Treatment of Prisoners.
Specific human rights, however, may be removed, provided they go through due
process beforehand.
BILL OF RIGHTS. According to the 1987 Philippine Constitutionis defined as the
declaration and enumeration of a person’s rights and privileges which the Constitution
is designed to protect against violations by the government or by individuals or group
of individuals. It is a charter of liberties for the individual and a limitation upon the
power of state.
CLASSES OF RIGHTS
1. Natural
2. Constitutional
3. Statutory rights or those promulgated by the congress and may be abolished by the
letter also
HUMAN RIGHTS UNDER ARTICLE 3, 1987 PHILIPPINE CONSTITUTION
1. The rights to life, liberty and property
2. The right against unreasonable searches and seizures
3. Right to Privacy of Communication and Correspondence
4. Freedom of Expression and Assembly
5. Freedom of Religion
6. Liberty of Abode and Right to Travel
7. The right of the people to information on matters of public concern
8. Freedom of Association
9. Prohibition against Expropriation of Property without just compensation
10. Prohibition against Impairment of Contract
11. Free Access to the Court and Quasi-Judicial Bodies
12. Right to counsel and the right to remain silent
13. The right to bail
14. Right to presumption of innocence
15. Rights of the accused in criminal prosecution
16. Right to Habeas Corpus
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17. Right to speedy disposition of cases
18. Right against self-incrimination
19. The right against excessive, cruel or unusual punishment
20. Right against involuntary servitude
21. Right against double Jeopardy
22. Right against the bill of attainder and ex post facto law
ACTIVITY II
Assessment
Name:______________________ Facilitator:____________________
Section/Course:______________ Date:________________________
1. What are human rights?
2. What laws or legal documents ensure the human rights of Filipino?
3. Do criminals or those who break the law still enjoy human rights?
4. Enumerate the rights under the 1987 Philippine Constitution
