HUMAN RIGHTS EDUCATION

Human Rights
 Defined as supreme ,inherent and inalienable right to life , to dignity and to self-development. The
essence of these rights makes man a human.
 It is concerned with civil ,political ,economic, social and cultural rights.
 Human rights are not granted by State but can only be recognized and protected by it.
7 BASIC CHARACTERISTICS OF HUMAN RIGHTS
1. Inherent-natural or inborn. Not granted by any person or authority
2. Fundamental- this is essential. Without them, the life and dignity of man will be meaningless.
3. Inalienable-cannot be rightfully taken away from a free individual.
4. Imprescriptible-it cannot be lost even man fails to use or assert them, even by a long passage of
time.
5. Indivisible-not capable of being divided .Cannot be denied even when other rights have been
already been enjoyed.
6. Universal-applies irrespective of ones origin ,status or condition or place where one lives.
7. Interdependent-the fulfillment or exercise of one cannot be had without the realization of the other.

Classification of Human Rights

 According to source
 According to recipient
 According to aspect of life
 According to derogability (limitation)

According to Source
1. Natural Rights-God-given rights, acknowledge by everybody to be morally good. Unwritten , but
prevail as norms of the society
Ex.The right to be happy, right to marry, right to life and property .etc.
2. Constitutional rights-conferred and protected by the constitution and which cannot be modified or
taken away by the law-making body.
Ex. Right to suffrage , right to religion,etc.
3. Statutory Right-those rights which are provided by law promulgated by the law-making body.May be
abolished by the body that created them.
Ex.rights of the accused , rights of persons under custodial investigation, etc.
According to Recipient
1. Individual Rights-accorded to individual
Ex.right to vote, right to own property, etc.
2. Collective Rights-also called “Peoples Right” or “Solidarity Rights”. Rights of the society, those that
can be enjoyed only in company with others.
Ex. Right to cultural preservation, environmental rights, right to assembly,etc.
According to Aspect of Life
1. Civil Rights –right which the law will enforce at the instance of private individual for the purpose of
securing to them the enjoyment of their means of happiness.
Ex. right to self expression, right to marry , right to religion, etc.
2. Economic and Social Rights- those which the laws confers upon the people to enable them to
achieve social and economic development
Ex. Right to own property, right of employee, etc.
3. Cultural Rights- rights that ensure the well being of the individual and foster the preservation of ,
enrichment and dynamic evolution of the national culture based on the principle of unity and
diversity.
Ex. Right to practice ones culture, right to cultural religion, right to use own language
According to Derogability
1. Absolute or non derogable Rights-those that cannot be suspended nor taken away nor
restricted/limited even in extreme emergency and even if the government invokes national security.
Ex. Right of freedom of thought, conscience and religion
2. Derogable or can be limited Rights- may be suspended or restricted or limited depending on the
circumstances which call for the preservation of social life. It must satisfy three requirements for it to be
valid.
2.1. It is provided by law which is made known to every citizen;
2.2. There is state of emergency which needs urgent preservation of the public good,public safety, and
public moral;
2.3. It does not exceed what is strictly necessary to achieve the purpose.
Ex.(During Pandemic)the right to travel may be limited, right to liberty, which can be lawfully
restricted and enjoy.

HUMAN RIGHTS VIOLATION

 SLAVERY-Africans were stripped of human rights, enslaved, brutally treated and considered
as lesser than their fellow human beings for centuries.
 Holocaust- also known as the “shoah”, was the genocide of the European Jews during World
War 2. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered
some six million Jews across German occupied Europe

EXAMPLE OF A VIOLATION OF HUMAN RIGHT

 Louie Soriao was a High School student in the sub province of Dinalungan, Aurora(S.Y 1993-1994).
Due to his reputation of talking back to school authority during the past years , he was refused
readmission to complete his fourth and final year of high school through a verbal notice not to readmit.
Soriao questioned the notice , averring that he was deprived of a hearing on the matter and thus the
verbal notice was a denial of his right to due process. The administration ignored the student plea to
reconsider its decision to deny him readmission claiming. “It was their prerogative “. Seeking further
remedies to no avail, Soriao filed a petition for the certiorari to the CA.
  ISSUE; whether or not the petitioner was denied to his right to education

RULING: YES, the court of appeals ordered Pineda, Head Teacher of the Juan C. Angara Memorial
High School to allow Soriao to enroll and study after he was meted out a disciplinary action without
due process. The court of appeals invoked the 1987 Constitution and the Universal Declaration of
Human Rights.

FREEDOM VS HUMAN RIGHTS

Two of the key values that lie at the core of idea of human rights are human dignity and equality.
FREEDOM: because the human will is an important part of human dignity. To be forced to do
something against our will demeans the human right.

RIGHTS
-are legal , social or ethical principles of freedom or entitlement; that is, rights are the fundamental
normative rules about what is allowed of people or owed to people according to some legal system,
social convention , or ethical theory.
FREEDOM
-in general , freedom refers to the power to act or change without restriction; something is free if it can
be done without difficulty and is not bound in its currents state.

NON-STATE ACTORS ON HUMAN RIGHTS

Non-state actors include organizations and individuals that are not affiliated with, directed by, or
funded through the government. These include private financial institutions and NGO’s.
 Human rights of others in the private sphere needs to be addressed also; non-state entities are obliged
, as a minimum to comply.
 Whenever power is exercise , there is the risk that is used in an unrestricted manner violating the
human rights of an individual.
THE INTERNATIONAL BILL OF HUMAN RIGHTS
The international bill of human rights consist of the five core main treaties:
a. Universal Declaration of human rights
b. International covenant on economic ,social and cultural rights.
c. International covenant on civil and political rights.
d. Optional Protocol to the international covenant on civil and political rights.
e. Second Optional Protocol to the international Covenant on Civil and Political rights , aiming at
the abolition of the death penalty.
Purpose: the promotion and encouragement of respect for human rights and for fundamental freedoms for
all without distinctions as to race, sex, language or religion.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

  One of the five core main treaties of the international bill of human rights. It is an international
document which articulates 30 fundamental rights and freedoms for all. (Right to life, right against
slavery, right to education. etc.)
 The declaration was declared by the United Nations Assembly in Paris on December 10, 1948
through General Assembly 217.

UN Commission on Human Rights

 Formally established by the economic and social council to assist in all matters relating in human
rights.
 Composed of 43 members
 Deals with all aspect of human rights issues involving the participation of all sectors of the
international committee.
 Undertakes special task assigned to it by the General Council, including the investigation of all
allegations of human rights violation.
 Special rapporteurs or working groups are appointed to deal with special topics.

INTERNATIONAL CRIMINAL COURT (ICC)

It investigates and where warranted , tries individuals charged with the gravest crimes of concern to the
international community and crime of aggression.
As a court of last resort, it seeks to complement .not replace national courts.
Governed by international treaty called the Rome Statute. It was adopted at diplomatic conference in
Rome, Italy on July 17, 1998 and it entered into force on July 1,2002.The ICC is the World’s first
permanent international court.
There are 123 countries party to the Rome Statute.
Main Office: Hague, a city in Netherlands
No. of judge: 18 judges
The ICC has jurisdiction over four categories of crimes;
 Genocide- intent to destroy in whole or in part of a national, ethnic, racial or religious group;
 War crimes or grave breaches of the laws of war, which include the Geneva conventions;
 Crimes against humanity, or violations committed as part of large-scale attacks against civilian
populations;
 Crimes of aggression or the use of threat of armed force by a state against political
independence of another state or violations of the UN charter.

INTERNATIONAL HUMAN RIGHTS LAW

It is a set of rules which seek , for humanitarian reason to limit the effect of armed conflict. It protects who
are not or no longer participating in the hostilities and restricts the means and methods of warfare. It is also
known as the law of war or the law of armed conflict which regulates the conduct of warfare.

The UN and International conventions on Rights of Prisoners of war and in conflict areas.
 GENEVA CONVENTION-provide a wide range of protection for prisoners of war. It defines their rights and
sets down rules for their treatment and eventual release.

PRISONERS OF WAR (POW)

Refers to any of these categories;
1. Members of the Armed Forces of a party to the conflicts as well as members of militias or volunteer
corps forming part of such armed forces.
2. Persons who accompany the armed forces without actually being member thereof, such as civilian
members of military aircraft crews, war correspondents, supply contractors, etc.
3. Members of Crews, including masters, pilots and apprentices, of the merchant marine and the crews
of civil aircraft of the Parties to the conflict.
4. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up
arms to resist the evading forces.
Take Note; No chaplains and medical personnel attached to armies if fall into the hands of the enemy they
shall not be treated as prisoners of war.
RIGHTS OF THE PRISONERS OF WAR
1. The POWs cannot be compelled to give information other than their name, rank, age and service
number.
2. If because of his physical or mental condition, he is unable to answer the question, he should be
handed to the medical corps.
3. A POW must be allowed to keep with him all his personal possessions which does not include arms
and military papers.
4. The POWs shall be released and repatriated immediately after the cessation of active hostilities.
5. They should be treated with honor and humanely.
6. POWs should be allowed to inform the International Committee of Red Cross of their capture.
7. They should be allowed to inform their family of their status.
8. If held captive for a long period of time, they should be allowed to contact their relatives on a regular
basis.
9. They are allowed to receive packages.
10. POWs should be provided with adequate food.
11. When held captive for a long, they should be provided with housing as well as clothing.
12. They should not be made to do any dangerous or degrading work.
13. They should be reimbursed if any work was done by them.
14. If a POW has been wounded in the battle field , he shall receive help from the International
Committee of Red Cross

INTERNATIONAL COMMITTEE OF RED CROSS

An independent neutral organization ensuring humanitarian protection and assistance for victims of armed
conflict and other situation of violence.
Salient core task of the committee (derived from the Geneva Conventions and its own statutes)
  To monitor compliance of warring parties with the Geneva Conventions
 To organize nursing and care for those who are wounded on the battle field.
 To supervise the treatment of prisoners of war
 To help with the search for missing persons in an armed conflict.

WAR CRIMES
Are those violations of international humanitarian law (treaty or customary law) that incur during the conduct
of war.
Examples.
 Intentionally directing attacks against the civilian population
 Intentionally directing attacks against building dedicated to religion, education, art or hospitals;
 Rape or sexual slavery
 Enlisting children under the age of 15 years into armed forces or groups

Take Note;
The conventions and protocols make clear that grave breaches must be punished. However no specific
penalties set. Instead they expressly require States to enact criminal legislation to punish those responsible
for grave breaches.

REPUBLIC ACT 9851

-an act defining and penalizing crimes against international humanitarian law, genocide, and other crimes
against humanity, organizing jurisdiction, designating special courts and for related purposes.

Hors De Combat (out of combat)

Means;
1. Is in the power of an adverse party
2. Has clearly expressed an intention to surrender; or
3. Has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is
incapable of defending himself.

Penalties;(sec. 7,RA 9851)

 Reclusion Temporal in its medium to maximum period and a fine ranging from one hundred thousand
pesos to five hundred thousand pesos.
 When justified by the extreme gravity of the crime or when crimes results in death or serious physical
injury or constitutes rape, the penalty of reclusion perpetua and a fine ranging from five hundred
thousand pesos to one million pesos shall be imposed.
Section 17.Jurisdiction-
-the state shall exercise jurisdiction over persons, whether military or civilian , provided , any one of the ff.
conditions is met.
a) The accused is a Filipino citizen;
b) The accused, regardless of citizenship or residence is present in the Philippines;
c) The accused has committed the said crime against a Filipino citizen.

HUMAN RIGHTS LEGAL FRAMEWORK IN THE PHILIPPINES

Philippines signatories to 8 UN core human rights treaties;
1. The International Convention on the Elimination of Racial
Descrimination (ICERD)
* to combat racial discrimination and promote equality among all races and ethnic groups worldwide.
Ex.
 Legislative Reforms: Countries may amend their laws to explicitly prohibit racial discrimination in
employment, housing, education, and other areas, aligning with ICERD's requirements.
 Public Awareness Campaigns: Governments may launch campaigns to promote understanding and
tolerance among different racial and ethnic groups, combating stereotypes and prejudice.
 Policy Development: National policies may be developed to ensure equal opportunities and protections
for marginalized racial and ethnic minorities, promoting inclusivity and diversity.

2. The International Covenant on Economic ,Social and Cultural Rights(ICESR)

* is to ensure the protection and promotion of economic, social, and cultural rights. This includes the
rights to work, social security, adequate living standards, education, health, and participation in
cultural life
Ex.
 Legislative Changes: Countries may amend their laws to ensure equal rights in inheritance, property
ownership, and divorce proceedings, aligning with CEDAW's requirements.
 Gender-Based Violence: Governments might adopt comprehensive laws and policies to prevent and
combat gender-based violence, provide support services for survivors, and ensure perpetrators are held
accountable.
 Political Participation: Efforts may be made to increase women's representation in decision-making
bodies and leadership positions through affirmative action measures and electoral reforms.

3. The Convention on the Elimination of All Forms of Discrimination Against Women(CEDAW)

* is to promote and protect the rights of women and girls worldwide by eliminating all forms of
discrimination against them.

Ex.

 Legislative Changes: Countries may amend their laws to ensure equal rights in inheritance, property
ownership, and divorce proceedings, aligning with CEDAW's requirements.
 Gender-Based Violence: Governments might adopt comprehensive laws and policies to prevent and
combat gender-based violence, provide support services for survivors, and ensure perpetrators are held
accountable.
 Political Participation: Efforts may be made to increase women's representation in decision-making
bodies and leadership positions through affirmative action measures and electoral reforms.

4. The Convention Against Torture and other Cruel ,Inhuman or Degrading Treatment or
Punishment(CAT)
* is to prevent torture and other forms of cruel, inhuman, or degrading treatment or punishment
worldwide. The Convention aims to ensure that all acts of torture are criminalized, that perpetrators
are held accountable, and that victims receive justice and support.
Ex.
 Legal Reforms: Countries may amend their criminal codes to explicitly define and criminalize torture,
ensuring that penalties reflect the severity of the crime.
 Training and Education: Governments might implement training programs for law enforcement, military
personnel, and other public officials to ensure they understand and adhere to international standards
prohibiting torture.
 Support for Victims: States can establish rehabilitation centers and provide medical, psychological, and
legal assistance to victims of torture.
5. The International Covenant on Civil and Political Rights(ICCPR)
* is to protect and promote civil and political rights of individuals and to establish clear obligations for
state parties to respect, protect, and fulfill these rights
Ex.
 Right to Fair Trial: Implementing judicial reforms to ensure that trials are conducted fairly and
impartially, and that defendants have access to legal representation.
 Freedom of Expression: Enacting laws that protect journalists and media organizations from censorship
and harassment, ensuring the free flow of information and ideas.
 Right to Participate in Public Affairs: Conducting free and fair elections, ensuring that all citizens can
participate in the political process without discrimination.
6. The Convention on the Rights of a child(CRC)
* is to protect and promote the rights of children worldwide, ensuring their well-being, development,
and protection from harm. The CRC sets out specific rights for children and establishes the
obligations of state parties to safeguard these rights
Ex.
 Right to Education: Implementing policies to ensure free and compulsory primary education for all
children, reducing barriers to education, and improving the quality of schooling.
 Protection from Violence: Enacting and enforcing laws to protect children from abuse, neglect, and
exploitation, and providing services for prevention, intervention, and rehabilitation.
 Right to Health: Establishing healthcare programs that focus on maternal and child health,
immunizations, and nutrition, ensuring that children have access to necessary medical services.
7. The International Convention on the Protection of the rights of All Migrant Workers and Members of
their families(CMW)
* to protect and promote the rights of migrant workers and their families globally
Ex.
 Legal Reforms: Countries may amend their immigration and labor laws to ensure that migrant workers
are legally protected from exploitation and discrimination.
 Social Services: Governments might provide language training, educational programs, and cultural
orientation to facilitate the integration of migrant workers and their families into society.
 Anti-Trafficking Measures: States can implement comprehensive strategies to combat human
trafficking and provide support services for victims, including migrant workers
8. The Convention on the Rights of Persons with disabilities(CRPD)
* to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities, and to promote respect for their inherent dignity
Ex.
 Legal Reforms: Countries may amend their laws to ensure that persons with disabilities are not
discriminated against in employment, education, or access to services.
 Accessibility Improvements: Governments might implement policies to ensure that public buildings,
transportation systems, and communication services are accessible to persons with disabilities.
 Inclusive Education: States can develop inclusive education programs that provide necessary
accommodations and support for students with disabilities, ensuring they receive a quality education
alongside their peers