STATE

RESPONSIBILITIES
STATE OBLIGATION

 The State has three obligations:

1) the obligation to RESPECT human rights;
2) the obligation to PROTECT;
3) the obligation to FULFILL.
OBLIGATION TO RESPECT

 It requires the state to refrain from

interfering with the enjoyment of
economic, social and cultural rights
OBLIGATION TO PROTECT

➢ The State has the obligation to

protect human rights from non-state
actors
➢ The State also has the obligation to
intervene in the internal affairs of
another state committing human
rights violations against its people
OBLIGATION TO FULFILL

 States are required to take

appropriate actions toward the full
realization/enjoyment of human
rights.
SOURCES AND FOUNDATION OF
HUMAN RIGHTS LAW
1987 Philippine Constitution
 the fundamental law of the land
 it enumerates the three generations
of human rights
 it created the Commission on Human
Rights
FIRST GENERATION

1) RA 7438 – protects the rights of persons arrested,

detained or otherwise under custodial investigation
2) RA 8493 – right to speedy trial
3) RA 9745 – Anti-torture law
4) RA 9851 – penalizes crimes against international
humanitarian law
5) RA 10350 – Anti-enforced disappearance act
6) RA 10368 – created the human rights victims claims
board
SECOND GENERATION
1) RA 6657 – Comprehensive Agrarian Reform Law
2) RA 7279 – Urban Development and Housing Act
3) RA 8282 – Social Security Act
4) RA 6938 – Cooperative Code
5) RA 8435 – Agricultural and Fisheries Modernization Act
6) RA 7192 – Woman in Development and Nation Building Act
7) RA 8505 – Rape Victim Assistance and Protection Act
8) RA 6955 – Declares unlawful “mail-order” bride
9) RA 9710 – Magna Carta of Women
10) RA 7610 – Special Protection against Child Abuse and
Discrimination
THIRD GENERATION

 Article II, 1987 Constitution of the Philippine – Declaration of

Principles and State Policies
 Article XV – The Family
INTERNATIONAL BILL OF RIGHTS

 INCLUDES:
1. Universal Declaration of Human
Rights;
2. International Covenant on Civil and
Political Rights;
3. International Covenant on
Economic, Social and Cultural Rights
EQUALITY AND DIGNITY IN RIGHTS
The UDHR starts with the declaration of equality of all
human beings in dignity and rights in Article 1, thus
laying down at the outset the most fundamental and
basic rules for the enjoyment by every person of his
human rights: the respect and protection that each
human being deserves.

The ICCPR echoes this declaration in its Article 3,

stating that “The States parties to the present
Covenant undertake to ensure the equal right of men
and women to the enjoyment of all civil and political
rights set forth in this present Covenant.”
RIGHT TO LIFE, LIBERTY AND
SECURITY
Article 3 of the UDHR provides that “Everyone has the right
to life, liberty and security of person”. It encapsulates the
key political and civil rights of a person that must be
protected by the State.

Article 6 of the ICCPR provides that “Every human being

has the inherent right to life. The right shall be protected by
law. No one shall be arbitrarily deprived of his life.”; while
Article 9 states that “Everyone has the right to liberty and
security of person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of his liberty
except on such grounds and in accordance with such
procedure as are established by law.”
RIGHT TO LIFE, LIBERTY AND
SECURITY
The 1987 Philippine Constitution
contains a similar provision under the
Bill of Rights, particularly Section 1
which guarantees that “No person shall
be deprived of life, liberty or property
without due process of law, nor shall
any person be denied the equal
protection of the laws.”
RIGHT TO LIFE, LIBERTY AND
SECURITY
Article 10 (1) of ICCPR states that “All
persons deprived of their liberty shall be
treated with humanity and with respect
for the inherent dignity of the human
person.”
RIGHT against slavery

Article 4 of UDHR and Article 8 of ICCPR

provide that “slavery and the slave
trade shall be prohibited in all their
forms.”
RIGHT against slavery
Pertinent Philippine laws on slavery and other forms of
slavery:
Article 272
Article 273
Article 274
Republic Act No. 9231 – Elimination of Worst Forms of
Child Labor
Republic Act No. 9775 – Anti-Child Pornography
Republic Act No. 9208 – Anti-Trafficking in Persons
RIGHT against torture
Article 5 of UDHR and Article 7 of ICCPR state that “No one shall be
subjected to torture or cruel, inhuman or degrading treatment or
punishment.”

Torture means “any act by which severe pain or suffering, whether

physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has
committed or is suspected of having committed, or for any reason
based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an
official capacity. It does not include pain or suffering arising from,
inherent in or incidental to lawful sanctions.”
RIGHT against torture
Article III, Section 12(2) of the 1987 Philippine
Constitution prohibits the use of torture upon
any person under investigation for the
commission of an offense. In compliance with
Article 4 of the Convention requiring States to
“ensure that all acts of torture are offenses
under its criminal law,” the Philippines passed
Republic Act No. 9745, otherwise known as the
“Anti-Torture Act of 2009”.
RIGHT to equal protection
Article 7 of UDHR provides equal protection of the law
without any discrimination. This is mirrored in Article 26
of ICCPR, which further provides that “the law shall
prohibit any discrimination and guarantee to all
persons equal and effective protection against
discrimination on any ground such as race, color, sex,
language, religion, political or other opinion, national
or social origin, property, birth or other status.”
RIGHT to equal protection
Requisites for reasonable classification:
1. It must be based on substantial
distinctions which make real differences;
2. It must be germane to the purpose of
the law;
3. It must not be limited to existing
conditions only;
4. It must apply equally to each member
of the class.
RIGHT to effective judicial remedy
Article 8 of UDHR provides that “Everyone has the right to an
effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or
by law.”

Article 2, No. 3 of ICCPR exhorts States Parties to the Covenant to:

a) “ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy…”
b) “ensure that any person claiming such a remedy shall have his
right thereto determined by competent judicial, administrative
or legislative authorities, or by any other competent authority
provided for by the legal system of the State”; and
c) “ensure that the competent authorities shall enforce such
remedies when granted.”
RIGHT to effective judicial remedy

Article III, Section 11 of the 1987

Philippine Constitution provides that
“Free access to the courts and
adequate legal assistance shall not be
denied to any person by reason of
poverty.”
JUDICIAL WRITS
a) Writ of habeas corpus – a writ issued by a judge directed to the
person detaining another, commanding him to produce the body
of a prisoner at a designated time and place.
b) Writ of amparo – is a remedy available to any person whose right to
life, liberty and security is violated or threatened with violation by
an unlawful act or omission of a public official or employee, or of a
private individual or entity. The writ shall cover extralegal killings
and enforced disappearances or threats thereof.
c) Writ of habeas data – is a remedy available to any person whose
right to privacy in life, liberty or security is violated or threatened by
an unlawful act or omission of a public official or employee, or of a
private individual or entity engaged in the gathering, collecting or
storing of data or information regarding the person, family, home
and correspondence of the aggrieved party.
RIGHT TO BE PRESUMED INNOCENT

Article 11 of UDHR provides that

“Everyone charged with a penal
offense has the right to be presumed
innocent until proven guilty according
to law in a public trial at which he has
had all the guarantees necessary for
his defense.”
RIGHT TO BE PRESUMED INNOCENT
Article 14 of ICCPR also contains a similar provision, and adds the
enumeration of rights of an accused:
a) To be informed of the nature and cause of the charges;
b) To be given time and facilities to prepare his defense and to
communicate with counsel of his own choosing;
c) To be tried without delay;
d) To be tried in his presence, and defend himself in person or through
his counsel;
e) To examine the witness against him and obtain the witnesses on his
behalf;
f) To have free assistance of an interpreter; and
g) Not to be compelled to be a witness against himself.
RIGHT TO BE PRESUMED INNOCENT
Article III, Section 14(2) of the 1987 Philippine Constitution
states that “In all criminal prosecutions, the accused shall
be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to
be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses
and the production of evidence in his behalf. However,
after arraignment, trial may proceed notwithstanding the
absence of the accused: Provided, That he has been duly
notified and his failure to appear is unjustifiable.”
RIGHT TO BE PRESUMED INNOCENT
Article 10 of ICCPR provides that a
prisoner who is not yet convicted, but
could not afford to post bail or where
bail is not allowed under the law, shall
be segregated from convicted persons
and shall be subject to separate
treatment appropriate to their status as
unconvicted persons, save in
exceptional circumstances.
RIGHT AGAINST EX POST FACTO
LAW AND BILL OF ATTAINDER
Article 11 (2) of UDHR provides that “No one
shall be held guilty of any penal offense on
account of any act or omission which did not
constitute a penal offense, under national or
international law, at the time when it was
committed. Nor shall a heavier penalty be
imposed than the one that was applicable at
the time the penal offense was commited.”
RIGHT AGAINST EX POST FACTO
LAW AND BILL OF ATTAINDER
The latin maxim “nullum crimen, nulla
poena sine praevia lege poenali” (no
crime, no punishment without a
previous penal law) encapsulates this
provision.
RIGHT AGAINST EX POST FACTO
LAW AND BILL OF ATTAINDER
An ex post facto law is one that:
a) holds a person liable for an act or
omission that was not punished at
the time of commission;
b) imposes a penalty heavier than the
one that was applicable at the time
of commission.
RIGHT AGAINST EX POST FACTO
LAW AND BILL OF ATTAINDER
Article III, Section 22 of the 1987
Philippine Constitution provides that
“No ex post facto law or bill of
attainder shall be enacted.
RIGHT to privacy

Article 12 of UDHR provides that “No

one shall be subjected to arbitrary
interference with his privacy, family,
home or correspondence, nor to
attacks upon his honor and reputation.
Everyone has the right to the
protection of the law against such
interference or attacks.”
RIGHT to privacy

The Anti-Wiretapping Law of the

Philippines disallows evidence
gathered from violation of privacy and
punishes the offender. The Secrecy of
Bank Deposits Law also protects undue
intrusion into the bank information of a
person.
Freedom of movement

Article 13 of UDHR provides for the right

to freedom of movement and
residence within the borders of each
State. Everyone has the right to leave
any country, including his own, and to
return to his country.”
Right to seek asylum

Article 14 of UDHR states that “Everyone has

the right to seek and enjoy in other countries
asylum from persecution. This right may not be
invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts
contrary to the purposes and principles of the
United Nations.”
Right to seek asylum

➢ Non-refoulement
➢ Extradition
➢ Deportation
Right to a nationality

Article 15 UDHR declares that:

1. “Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his
nationality nor denied the right to change
his nationality.”
Right to a nationality
Citizenship may be acquired through any of the following:
a) Jus sanguinis (by blood) – the child acquires the
citizenship of his parents, regardless of the place of birth
(the mode of acquisition in the Philippines.
b) Jus soli (by place) – The child is a citizen of the place
where he was born (mode of acquisition in the US)
c) Naturalization – A foreigner is granted citizenship by
another country through a legal act. In the Philippines,
such legal act would be a decree by a tribunal or
quasi-judicial tribunal. Under exceptional
circumstances, citizenship could be granted by law or
by presidential proclamation.
RIGHT TO MARRY AND FOUND A
FAMILY
Article 16 of UDHR declares that “men and women of
full age … have the right to marry and to found a
family …” It further states that “Marriage shall be
entered into only with the free and full consent of the
intending spouses.”

Article 23 of ICCPR contain a similar provision, and

further recognizes the family as “the natural and
fundamental group unit of society and is entitled to
protection by society and the State.” Article 10 of the
ICESCR reiterates the declaration and provides for
special protection for mothers and children.
RIGHT TO PROPERTY

Article 17 of UDHR declares that

“Everyone has the right to own
property alone as well as in association
with others. No one shall be arbitrarily
deprived of his property.”
FREEDOM OF THOUGHT,
CONSCIENCE AND RELIGION
Article 18 of UDHR states that “Everyone has
the right to freedom of thought, conscience
and religion; this right includes freedom to
change his religion or belief and freedom
either alone or in community with others and in
public or private, to manifest his religion or
belief in teaching, practice, worship and
observance”. A similar provision is provided
under Article 18 of ICCPR.
FREEDOM TO PRACTICE OR
MANIFEST RELIGIOUS BELIEFS
American Bible Society v. City of Manila

FACTS : Plaintiff's Philippine agency has been distributing and selling bibles and/or
gospel portions thereof (except during the Japanese occupation) throughout the
Philippines and translating the same into several Philippine dialects. On May 29 1953,
the acting City Treasurer of the City of Manila informed plaintiff that it was
conducting the business of general merchandise since November, 1945, without
providing itself with the necessary Mayor's permit and municipal license, in violation
of Ordinance No. 3000, as amended, and Ordinances Nos. 2529, 3028 and 3364,
and required plaintiff to secure, within three days, the corresponding permit and
license fees, together with compromise covering the period from the 4th quarter of
1945 to the 2nd quarter of 1953, in the total sum of P5,821.45
FREEDOM TO PRACTICE OR
MANIFEST RELIGIOUS BELIEFS
American Bible Society v. City of
Manila

ISSUE : Whether the provisions of said

ordinances are applicable or not to
the case at bar.
FREEDOM TO PRACTICE OR
MANIFEST RELIGIOUS BELIEFS
American Bible Society v. City of Manila

RULING: While it may be true that in this said case, the price asked
for the bibles and other religious pamphlets was in some instances
a little bit higher than the actual cost of the same, this cannot
mean that appellant was engaged in the business or occupation
of selling said “merchandise” for profit. The provisions of City of
Manila Ordinance No. 2529, as amended, cannot be applied to
appellant, for in doing so it would impair its free exercise and
enjoyment of its religious profession and worship as well as its rights
of dissemination of religious beliefs.
FREEDOM OF EXPRESSION
Article 19 of UDHR as well as Article 19 of ICCPR
guarantee the freedom of opinion and
expression.

ICCPR states, however, that the right may be

subject to restrictions as shall be provided by
law and are necessary for the resect of the
rights or reputations of others, or for the
protection of national security or of public
order, public health, or morals.
FREEDOM OF ASSEMBLY AND
ASSOCIATION
Article 20 of UDHR states that
“Everyone has the right to freedom of
peaceful assembly and association. No
one may be compelled to belong to
an association.” Articles 21 and 22 of
ICCPR reiterate these rights.
RIGHT TO TAKE PART IN
GOVERNMENT
Article 21 of UDHR declares that “Everyone has
the right to take part in the government of his
country, directly or through freely chosen
representatives …” Article 25 of ICCPR further
guarantees that every citizen shall have the
right and opportunity “to vote and be elected
at genuine periodic elections which shall be by
universal and equal suffrage and shall be held
by a secret ballot, guaranteeing the free
expression of the will of the electors”.
RIGHT TO SOCIAL SECURITY
Article 22 of UDHR declares that
everyone has the right to social
security. Social security is aimed at
ensuring that every member of society
has access to resources by which he
can maintain his human dignity and
enjoy his economic, social and cultural
rights, including his right to an
adequate standard of living.
RIGHT TO SOCIAL SECURITY
Article 22 of UDHR declares that everyone has the right
to social security. Social security is aimed at ensuring that
every member of society has access to resources by
which he can maintain his human dignity and enjoy his
economic, social and cultural rights, including his right to
an adequate standard of living.

Article 9 of the ICESCR recognizes that the right to social

security includes social insurance. The insurance-based
scheme is one where the contributions are paid for the
enjoyment of benefits. The contribution may be paid by
the beneficiary, by his employer, or by government.
RIGHT TO WORK
Article 23 of UDHR declares that “Everyone has the
right to work, to free choice of employment, to just
and favorable conditions of work and to protection
against unemployment. Everyone, without any
discrimination, has the right to equal pay for equal
work. . .”

Labor is a primary social economic force, and the

State is mandated to “afford full protection to labor,
local and overseas, organized and unorganized, and
promote full employment and equality of employment
opportunities for all.”
RIGHT TO REST AND LEISURE
Article 24 of UDHR declares that “Everyone has
he right to rest and leisure, including
reasonable limitation of working hours and
periodic holidays with pay.”

The internationally-accepted daily working

hours is eight hours.
RIGHT TO ADEQUATE STANDARD OF
LIVING
Article 25 of UDHR declares that “Everyone has the right to
a standard of living adequate for health and well-being of
himself and his family, including food, clothing, housing
and medical care and necessary social services…” Article
11 of ICESCR recognizes the right to adequate standard of
living and the right of everyone to be free from hunger.

The rights to food, housing, and medical are the three most
basic rights of human beings. The term “adequate” shall
be understood to mean the minimum requirement for
subsistence.
RIGHT TO EDUCATION
Article 26 of the UDHR and Article 13 of the ICESCR
recognize the right of everyone to education. In these
human rights instruments, it is stated that:
a) Elementary education shall be free and
compulsory;
b) Secondary education in its different forms,
including technical and vocational, shall be made
generally available and accessible;
c) Higher education shall likewise be accessible on
the basis of capacity.
RIGHT TO ENJOY ECONOMIC,
SOCIAL AND CULTURAL LIFE
Article 27 of UDHR and Articles 3 and 15 of
ICESCR recognize the right of everyone to
enjoy their economic, social and cultural rights.
Article 27 of ICCPR guarantees the right of
ethnic, religious or linguistic minorities “to enjoy
their own culture, to profess and practice their
own religion, or to use their own language.”
RIGHT TO SELF-DETERMINATION
In both the ICCPR and ICESCR, Article 1 states that “All
peoples have the right to self-determination. By virtue
of that right they freely determine their political status
and freely pursue their economic, social and cultural
development.”

This is reiterated in Article 1(2) of the UN Charter which

states that one of the purposes of the UN is: “To
develop friendly relations among nations based on
respect for the principle of equal rights and self-
determination of peoples, and to take other
appropriate measures to strengthen universal peace.”
RIGHT To health
The right to health is declared in Article 25 of UDHR which states that
“Everyone has the right to a standard of living adequate for the health
and well-being of himself and of his family. ..” Article 12 of ICESCR states
that “The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of the highest attainable standard of physical
and mental health…”

The UN Committee on Economic, Social and Cultural Rights (CESCR) states

in General Comment No. 14: The Right to the Highest Standard of Health
that “the right to health contains both freedoms and entitlements. The
freedoms include the right to control one’s health and body, including
sexual and reproductive freedom, and the right to be free from
interference, such as the right to be free from torture, non-consensual
medical treatment and experimentation. By contrast, the entitlements
include the right to a system of health protection which provides equality
of opportunity for people to enjoy the highest attainable level of health.”