BASIC HUMAN RIGHTS CONCEPTS

AND PRINCIPLES

Geneva J. Avila
Information Officer II
Commission on Human Rights V
7477
 WHAT ARE HUMAN RIGHTS?
Human rights are generally defined as those rights
which are inherent in our nature and without which we
cannot live as human beings. - United Nations

Human rights are the supreme, inherent and inalienable

rights to life, to liberty, and to self-development. It is the
essence of these rights that make man human. -
Commission on Human Rights
 SOURCES OF HUMAN RIGHTS
I. INTERNATIONAL BILL OF HUMAN RIGHTS
1. Universal Declaration of Human Rights (1948)
2. International Covenant on Civil and Political Rights (1966)
3. International Covenant on Economic Social and Cultural Rights
(1966)
II. SUBSEQUENT HUMAN RIGHTS INSTRUMENTS
1. Convention on the Elimination of Racial Discrimination
2. Convention on the Elimination of All Forms of Discrimination Against
Women
3. Convention Against Torture and Other Cruel, Inhuman or Degrading
 SOURCES OF HUMAN RIGHTS
4. International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families
5. Convention on the Rights of Persons With Disabilities
6. Convention for the Protection of All Persons from
Enforced Disappearance
III. DOMESTIC LAWS
Examples: R.A. 7438, R.A. 7610, R.A. 7877, R.A. 9208, R.A. 9262,
R.A. 9710, R.A. 9745, R.A. 9851, R.A. 10353 , R.A. 11313
Non-Derogable or Absolute
Rights vs.
Derogable or Relative
Rights
Three conditions should be present before a right
can be suspended/limited):

(1) It is publicly announced or legislated;

(2) There is a state of emergency which requires
the urgent preservation of the public moral,
public safety and public good; and
(3) There must be a time limit
Human Rights Principles
 UNIVERSALITY

Human Rights apply equally and without

discrimination to every person, regardless of their
personal characteristics, such as race, color, sex, ethnic or
social origin, religion, language, nationality, age, sexual
orientation, disability or other status.
 INALIENABILITY

Human Rights can neither be given or taken away.

Human Rights can be violated, however, such violations
do not strip the person of the right.
 INDIVISIBILITY
Each human rights (CPR and ESCR) is equal of
status and cannot be entirely separated or
prioritized conceptually or practically from other
human rights.
 INTERRELATEDNESS AND
INTERDEPENDENCE
Human rights do not exist or function isolation
from one another.
The realization of any one human right will
depend on the realization of other rights.
 PARTICIPATION AND INCLUSION
Every person and all people are entitled to active,
free and meaningful participation in, contribution
to and enjoyment of civil, economic, social,
cultural and political development in which
human rights and fundamental freedoms can be
realized.
 ACCOUNTABILITY AND
RULE OF LAW
States and other duty-bearers have to comply with the legal norms
and standards enshrined in human rights instruments.

Aggrieved rights-holders are entitled to institute proceedings for

appropriate redress before a competent court or other adjudicator in
accordance with the rules and procedures provided by law.

Accountability also means providing information to the community

on what was done, and how. It requires transparency and openness.
5 CATEGORIES OF RIGHTS

SOCIAL RIGHTS
 Civil Rights
(Hands Off Policy by the Government)
are those that the law will enforce at the instance of private individuals for
the purpose of securing them the enjoyment of their means of happiness.
Examples:
▪ right to a name
▪ right to marry and found a family
▪ right to security of persons, papers and effects
▪ right against unreasonable searches and seizures
 Political Rights
(Hands Off Policy by the Government)
are those rights which enable us to participate in running the affairs of the government, either directly or indirectly
are those rights which enable us to participate in running the affairs of the government, either directly or indirectly
are those rights which enable us to participate in running the affairs of the
government, either directly or indirectly.

Examples:
▪ right to vote and be voted (provided that you are qualified)
▪ right to information on matters of public concern
▪ right to initiative and referendum
 Economic and Social Rights
(Hands On Policy by the Government)
are those which the law confers upon the people to enable them to
achieve social and economic development, thereby ensuring them
their well-being, happiness and financial security.
Examples:
▪ right to own a property
▪ right to education
▪ promotion of social justice
 Cultural Rights
(Hands On Policy by the Government)

are those rights that ensure the well-being of the individual and
foster the preservation, enrichment and dynamic evolution of
national culture based on the principle of unity in diversity in a
climate of free, artistic and intellectual expression.
Civil and Political Rights Economic, Social and
Cultural Rights
Objective is to ensure freedom Objective is to ensure equality
Basic Role of the State: Non- Basic Role of the State: Interference
interference
Cost-free (individual freedom) Resources required (welfare)
Justiciable Political or programmatic
Unconditional Progressive implementation

Absolute and immediate Relative, responsive to changing

condition
 Duty Bearers vs. Claim Holders

Duty Bearers are those in government who have the authority,

resources and power.

Claim Holders are the powerless, affected by the misuse of power.

 WHAT IS DISCRIMINATION AGAINST WOMEN?

It is any distinction, exclusion, or

restriction made on the basis of sex which
has the effect or purpose of impairing or
 It is any distinction, exclusion, or restriction made on the basis of sex which has the effect or purpose of impairing or
nullifying
nullifying the recognition, the byrecognition,
enjoyment or exercise women, irrespective ofenjoyment
their marital status, oron a basis of equality of
men and women, of human exercise
rights and by women,
fundamental freedomsirrespective
in the political, social, of their
cultural, civil or any other field.
marital status, on a basis of equality of men
and women, of human rights and
fundamental freedoms in the political,
social, cultural, civil or any other field.
 It includes:
o Any
 Any act act or omission
or omission thatthat directly
directly oror indirectlyexcludes
indirectly excludesororrestricts
restrictswomen in
the women in theand
recognition recognition
promotion andofpromotion of and
their rights theirtheir
rights and their
access to andaccess
to and enjoyment of opportunities, benefits, or privileges.
enjoyment of opportunities, benefits, or privileges.
o Measures or practices of general application that fail to provide for
 Measures or practices of general application that fail to provide for
mechanisms to offset or address sex or gender-based disadvantages or
mechanisms
limitationstoofoffset
women.or address sex or gender-based disadvantages or
limitations of women.
o Measures or practices of general application which resulted to greater
 Measures
adverseoreffects
practices of general
to women, moreapplication
than men.which resulted to greater adverse
effects to women, more
o Discrimination than men.
compounded by or intersecting with other grounds,
status, or condition, such as ethnicity, age, poverty, or religion.
{"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfMUA",“
Intersectionality refers to the interaction of two or more forms
Intersectionality refers to the interaction of two or more
of discrimination that compound
forms of discrimination that compound the oppression.

Age Refugee Culture

Ethnic Hate ",“Et ,"A":[{“IndigenoussI
Migrant Language
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33.5502739074Trafficked"D":2278.589 Socio-Economic 986217,"
Caste Religion Ability
501,"F":0.49,"a":{"B":{"A":{"A":"MABk-3-h6nE","B":1},"B":{"A":-
672.7466171410337,"B":4.547473508864641e-
13,"D":2278.589643986217,"C":2278.589643986217},"C":{"#}
 Struggle for Women’s Rights
in the United Nations
“In the beginning, there was very little interest in women’s rights in the UN,” she said, as
majority of high-ranking UN officials were men and there were only a few women
ambassadors in the 1960s and 1970s.
“But we fought for a niche that did not et exist. People laughed and thought it was a joke to
raise certain awareness about women’s rights because there was hardly any,” she said.

What women worldwide

owe Leticia Ramos-Shahani
 What is the CEDAW?
o An international treaty signed by the Philippine
government on July 15, 1980 and ratified by the
Philippine
WhatSenate
is theon August 15, 1981.
CEDAW?
o It covers measures to be taken by states parties
to eliminate discrimination against women in
various fields including political, economic, social,
cultural, civil or any other field.
 CEDAW’S EQUALITY PRINCIPLES
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1. Substantive Equality
A?":"I","A":962.1132124707594,"B":-
o De Jure
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o De Facto
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o Equality of Results or Equality of Outcome
h6nE","B":1},"B":{"A":-
2. Non-Discrimination; and
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3. State Obligation
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616"}}}}],"B":2245.0393700787404,"C":1587.4015748031497}
 What are the State’s Obligations under
the CEDAW?
1. Repeal all national penal provisions which constitute
discrimination against women.
2. Take all appropriate measures to eliminate discrimination
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against women by any person, organization or enterprise.
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3. Adopt temporary special measures aimed at accelerating de
facto equality between men and women;
4. Take measures to suppress trafficking in women (and girls)
and prostitution; and
5. Modify social and cultural patterns.
What is the CEDAW Committee?
o The Committee on the Elimination of Discrimination Against
(1){"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfMU
Women (CEDAW) is the body of independent experts that
monitors implementation of the Convention.
A","i":"8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[{"
o A?":"I","A":962.1132124707594,"B":-
CEDAW Committee consists of 23 experts on women’s rights from
33.55027390747705,"D":2278.589643986217,"C":933.096409
around the world.
7041501,"F":0.49,"a":{"B":{"A":{"A":"MABk-3-
o The Committee is mandated to : (1) receive communications from
h6nE","B":1},"B":{"A":-
individuals or groups of individuals submitting claims of violations
672.7466171410337,"B":4.547473508864641e-
of rights protected under the Convention to the Committee and (2)
13,"D":2278.589643986217,"C":2278.589643986217},"C":"#ff1
initiate inquiries into situations of grave or systematic violations of
women’s rights.
616"}}}}],"B":2245.0393700787404,"C":1587.4015748031497}
o The Committee also formulates general recommendations and
concerned articles or themes in the Convention.
(1){"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJ
Philippine Cases decided by the CEDAW:
(2)TyfMUA","i":"8BE0yVUxiA18_JENnvs22Q","b":160887376085
1,"A":[{"A?":"I","A":962.1132124707594,"B":-
1. KTV vs Philippines – Rape myths and stereotypes
33.55027390747705,"D":2278.589643986217,"C":933.096409
2. RPB vs Philippines – Rape myths and stereotypes
7041501,"F":0.49,"a":{"B":{"A":{"A":"MABk-3-
h6nE","B":1},"B":{"A":-
3. RH Inquiry in Manila
672.7466171410337,"B":4.547473508864641e-
4. Malaya Lolas
13,"D":2278.589643986217,"C":2278.589643986217},"C":"#ff1
616"}}}}],"B":2245.0393700787404,"C":1587.4015748031497}
(1){"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfMU
A","i":"8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[{"
GENDER EQUALITY
A?":"I","A":962.1132124707594,"B":-
33.55027390747705,"D":2278.589643986217,"C":933.096409
VS.
7041501,"F":0.49,"a":{"B":{"A":{"A":"MABk-3-
h6nE","B":1},"B":{"A":-
GENDER EQUITY
672.7466171410337,"B":4.547473508864641e-
13,"D":2278.589643986217,"C":2278.589643986217},"C":"#ff1
616"}}}}],"B":2245.0393700787404,"C":1587.4015748031497}
(1){"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfMU
GENDER EQUALITY
A","i":"8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[{"
A?":"I","A":962.1132124707594,"B":-
33.55027390747705,"D":2278.589643986217,"C":933.096409
Refers to the principle asserting the equality of men and
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women and their right to enjoy equal conditions realizing their
h6nE","B":1},"B":{"A":-
full human potentials to contribute to and benefit from the
results of development.
672.7466171410337,"B":4.547473508864641e-
13,"D":2278.589643986217,"C":2278.589643986217},"C":"#ff1
616"}}}}],"B":2245.0393700787404,"C":1587.4015748031497}
(1){"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfM
GENDER EQUITY
UA","i":"8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[
{"A?":"I","A":962.1132124707594,"B":-
33.55027390747705,"D":2278.589643986217,"C":933.096409
Refers to policies, instruments, programs, services, and
actions that address the disadvantaged position of women
7041501,"F":0.49,"a":{"B":{"A":{"A":"MABk-3-
in society by giving preferential treatment and
h6nE","B":1},"B":{"A":-
affirmative action.
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13,"D":2278.589643986217,"C":2278.589643986217},"C":"#ff1
616"}}}}],"B":2245.0393700787404,"C":1587.4015748031497}
(1){"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfMU
What are temporary special measures?
A","i":"8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[{"
A?":"I","A":962.1132124707594,"B":-
33.55027390747705,"D":2278.589643986217,"C":933.096409
Refers to the positive steps directly undertaken or
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sponsored by the state in favor of women or
h6nE","B":1},"B":{"A":-
subgroups of women which are aimed at accelerating
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the de facto equality of women.
13,"D":2278.589643986217,"C":2278.589643986217},"C":"#ff1
616"}}}}],"B":2245.0393700787404,"C":1587.4015748031497}
 The Rights-Based Approach to Development is a conceptual
framework for the process of human development that is
normatively based on human rights standards and operationally
directed to promoting and protecting human rights.

Human rights norms and standards are incorporated into

development plans, policies and processes.
1. {"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfMU
A","i":"8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[{
1. All programming should further the realization
"A?":"I","A":961. of
2.1132124707594,"B":-
human rights;
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2. Human rights standards and principles should guide all
97041501,"F":0.49,"a":{"B":{"A":{"A":"MABk-3-
h6nE","B":1},"B":{"A":-programming; and
3. Programming should support development of the capacities
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of duty-bearers to meet their obligations, and of rights-holders
13,"D":2278.589643986217,"C":2278.589643986217},"C":"#ff
to claim their rights
1616"}}}}],"B":2245.0393700787404,"C":1587.401574803149
7}
1. {"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfMU
FOUR COMPONENTS
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First, in line with the UN Declaration on2.1132124707594,"B":-

2. "A?":"I","A":961. the Right to
Development, it emphasizes the human person as the principal
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actor, central subject, owner and beneficiary of development.
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h6nE","B":1},"B":{"A":-
Second, it is based on fourteen human rights principles that
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guide the substance and the process of development.
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1616"}}}}],"B":2245.0393700787404,"C":1587.401574803149
7}
1. Third, it complies with the nature and levels of state obligations,
{"A?":"B","a":5,"d":"B","h":"www.canva.com","c":"DAERJTyfMU
which require states to respect, protect and fulfil all human rights
A","i":"8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[{
as they pursue the development process, and write and
"A?":"I","A":961.
implement development policies, plans, strategies2.1132124707594,"B":-
and measures.
33.55027390747705","B":1},"B":{"A":-
Fourth, it pays special attention to the normative content of
672.7466171410337,"B":4.547473508864641e-
human rights, which defines a right’s freedoms and entitlements
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and identifies goods and services necessary to enjoy and realize
1616"}}}}],"B":2245.0393700787404,"C":1587.401574803149
human rights; these essential goods and services must be
7} incorporated into development plans and policies.
 Human Rights Principles that guide the
substance and process of development:

Universality
1. Human rights norms Indivisibility
and standards are incorporated into
Interdependence
development and
plans, policies and Interrelatedness
processes.
Equality and Non-Discrimination
Participation and Inclusion
Accountability and the Rule of Law
1. {"A?":"_JENnvs22Q","b":1608873760851,"A":[{"A?":"I","A":961.
UNIVERSALITY
2.1132124707594,"B":-
33.55027390747705,"D":2278.589643986217,"C":933.09640
Human Rights apply equally and without discrimination to
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every person, regardless of their personal characteristics, such
h6nE","B":1},"B":{"A":-
as race, color, sex, ethnic or social origin, religion, language,
672.7466171410337,"B":4.547473508864641e-
nationality, age, sexual orientation, disability or other status.
13,"D":2278.589643986217,"C":2278.589643986217},"C":"#ff
1616"}}}}],"B":2245.0393700787404,"C":1587.401574803149
7}
INDIVISIBILITY,"d":"B","h":"www.canva.com","c":"0yVUxiA
18_JENnvs22Q","b":1608873760851,"A":[{"A?":"I","A":961.
Each human rights (CPR and ESCR) is equal of status and cannot
be entirely separated or prioritized conceptually or practically
from other human rights.
.1132124707594,"B":-
33.55027390747705,"D":2278.589643986217,"C":933.09640
97041501,"F":0.49,"a":{"B":{"A":{"A":"MABk-3-
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h":"www.canva.com","c":"DAERJTyfM
INTERRELATEDNESS AND INTERDEPENDENCE

Human rights do not exist or function in isolation from one

another.
The realization of any one human right will depend on the
realization of other rights.
1. I","A":961. 2.1132124707594,"B":-
33.55027390747705,"D":2278.589643986217,"C":
EQUALITY AND NON-DISCRIMINATION

All human beings are entitled to their human rights without

discrimination of any kind, such as race, color, sex, ethnicity, age,
language, religion, political or other opinion, national or social
origin, disability, property, birth or other status.
 PARTICIPATION AND INCLUSION

Every person and all people are entitled to active and meaningful
participation in, contribution to and enjoyment of civil, economic,
social, cultural and political development in which human rights
and fundamental freedoms can be realized.
1. "8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[{"A?":"
 ACCOUNTABILITY AND THE RULE OF LAW
States and other duty-bearers have to comply with the legal
norms and standards enshrined in human rights instruments.

Aggrieved rights-holders are entitled to institute proceedings

for appropriate redress before a competent court or other
adjudicator in accordance with the rules and procedures
1. "8BE0yVUxiA18_JENnvs22Q","b":1608873760851,"A":[{"A?":"
provided by law.

Accountability also means providing information to the

community on what was done, and how. It requires
transparency and openness.
 LEVELS OF STATE OBLIGATIONS
Obligation to Respect Obligation to Protect Obligation to Fulfill
▪ State to abstain from ▪ Compel the State to ▪ The State to directly ▪ Obliging the State to
doing anything that take steps to prohibit provide rights in accept appropriate
encroaches or from violating r question when legislative measures
infringers on the recognized individuals or groups towards the full
individual’s rights and freedoms are unable to realize enjoyment of rights
freedom and rights their rights by the by all
▪ No measures which means at their disposal
▪ Non-interference erode status of rights for reasons beyond ▪ States should remove
their control the hindrances which
▪ Duty to create proper ▪ Active measures to hinder the
environment realize rights disadvantaged
groups to enjoy
▪ Immediate opportunities that
are available to
▪ Unconditional others
NORMATIVE CONTENT AND STATE OBLIGATIONS OF THE RIGHT TO EDUCATION

Normative Content State Obligations

Respect Protect Fulfill (Facilitate)
▪ Availability: - No resort to corporal - Adopt and implement strict - Promote value of
Sufficient quantity of punishment policies against sexual education for girls and boys
functioning educational - No tolerance for bullying harassment in schools. - Develop system of schools at
institutions and - Adopt & implement strict - Ensure proper lighting in and all levels
programs. policies against sexual around schools - Ensure curricula meets aims
▪ Accessibility: harassment in schools - Hire teachers competent in of education
Functioning educational subjects they teach - Afford education with the
institutions and programs - Regularly monitor education highest budgetary priority
with safe physical reach, quality across all geographic
affordable to all regions
subject.
▪ Acceptability:
Relevant, culturally
appropriate and good
and good quality
form and substance
of education including
curricula and teaching
methods