HUMAN RIGHTS LAW Reviewer (Midterms)
Dr. Irene Valones
(By Ana Maria Francesca Regala)
Introduction
i. Human Rights – rights that necessarily spring from being a member of human species; it
also includes duty as stewards of God’s creation to protect rights of environment,
animals, etc.
a. UN’s definition – inherent dignity of equal and inalienable rights of all members
is the foundation of freedom, justice and peace in the world
b. Constitutional provisions (1987 Constitution, Art. 3, sec. 1) – It is the right to life,
liberty, and property, due process and equal protection of the law.
ii. Theories of Sources of Human Rights
c. Religious or Theological Approach – that rights are God-given rights
d. Natural Law – the conduct of human rights must always conform to the law of
nature
e. Historical theory – human rights are gradual and spontaneous. It undergoes
evolution.
f. Functional theory – human rights exist as means of social control or to serve the
social interest of the society
g. Positivist theory – rights and authority came from the State and that the
lawmakers promulgate
h. Marxist Theory – upholds the interest of society over the individual
i. Theory Based on Equality and Respect – the government should treat all citizens
equally and must intervene only to advance general welfare
j. Theory Based on Justice – all rights secured by justice are not subject to political
bargaining
k. Theory based on Dignity of Men – Sharing of all shared identified policies which
human rights depends on such as respect, power, knowledge, health, and security
iii. Classification of Human Rights
l. According to Source
o Natural – God-given rights, acknowledged by everybody to be morally good
o Constitutional rights – conferred and protected by the Constitution and cannot
be taken away or modified by the legislature
o Statutory – rights that are provided for by statutes as promulgated by the
lawmaking body and it may be abolished
2. According to Recipient
o Individual rights – e.g., freedom of speech, of religion, right to privacy, etc.
o Collective rights – rights to be enjoyed with the society, e.g., right to preserve
one’s culture, right to speak a native language, right to own land, etc.
3. As to Aspect of Life
o Civil rights – rights which the law enforce for the purpose of securing
individuals’ enjoyment of their means and happiness
o Political rights – rights that enable us to participate to affairs of the
government
o Economic and social rights – rights that are conferred upon people to achieve
social and economic development
o Cultural rights – rights to ensure well-being of the individual and foster the
preservation, enrichment and dynamic evolution of national culture based on
the principle of unity and diversity
4. According to Struggle for Recognition
o First generation – civil and political rights
o Second generation- economic, social and cultural rights
o Third generation – collective rights
o Fourth generation – rights coming from digitalization of the world and future
generations
5. Derogability
o Absolute (non-derogable) – rights which cannot be suspended or taken away
even in extreme emergency and even if the government invokes natural
security
o Derogable (limited) – can be suspended or limited depending upon the
circumstance or when it is provided by law known to citizen, in case of state
emergency, or if it does not exceed what is strictly needed to achieve purpose
iv. Characteristics of Human Rights
1. Inherent – rights are not granted by any person or authority
2. Fundamental – without human rights, life is meaningless
3. Inalienable – rights cannot be given or taken away
4. Imprescriptible – rights cannot be lost
5. Indivisible – undivided
6. Universal – all rights apply irrespective of race, status, condition or place where
one lives
7. Interdependent – it cannot be had without realization of all other rights
v. Struggle for Recognition
o First generation – civil and political rights
o Second generation- economic, social and cultural rights
o Third generation – collective rights
o Fourth generation – rights coming from digitalization of the world and future
generations
vi. Three Inherent Powers of the State and its limitations
Power Requisites When Invoked
Police Power of The authority of the State to enact laws Enforcement of zoning laws
the State and regulations that promote the public or health regulations during a
welfare, health, safety and morals. public health crises
It allows the government to limit certain Environmental preservation
individual rights when necessary for the laws
common good. Licenses
Eminent Domain The power of the State to forcibly acquire a Usually for infrastructure projects of
private property for public use provided that: 1) the government
the taking must be for public use; and 2) just
compensation must be paid to the owner.
Power of The power of the State to levy and collect taxes When financing and support are
Taxation from individuals and businesses to fund needed for a myriad of activities by
essential services such as healthcare, education, the governent
and public infrastructure. However, it must be
guided by the constitutional principles of
uniformity and equity, ensuring that taxes are
fair and proportionate.
vii. Historical Development of Human Rights
1. The Magna Carta, was a list of demands and expectations forced on the evil king,
John of England in 1215. He heavily taxed his people, arbitrarily took their
possessions and threw people into prison for the slightest reason. By sealing the
Magna Carta, King John was forced to give the people a mechanism to limit the
power of the throne and assert their rights. The Magna Carta established the rule
of law and the idea that all citizens, including those in power, should be fairly and
equally ruled by the law. It began the tradition of respecting the law, limiting
government power, providing access to justice and the protection of human rights.
2. American Bill of Rights - The drafters of the US Declaration of Independence,
Constitution and Bill of Rights wanted to recognize the same rights as they had in
England and strived for protection from oppressive rule through checks on
government power. They drew inspiration from the English legacy of Sir Edward
Coke’s Petition of Right and the Magna Carta. It declared Governments are
instituted among Men, deriving their just powers from the consent of the
governed. The 5th Amendment to the Constitution (part of the Bill of Rights) is
derived from Magna Carta ‘no person shall… be deprived of life, liberty, or
property, without due process of law.’
3. French Declaration of the Rights of Man -
https://avalon.law.yale.edu/18th_century/rightsof.asp
4. EDSA People Power I - From February 22 to 25, 1986, hundreds of thousands of
Filipinos gathered on Epifanio de los Santos Avenue to protest President Ferdinand
Marcos and his claim that he had won re-election over Corazon Aquino.
Soon, Marcos and his family were forced to abdicate power and leave the
Philippines. Many were optimistic that the Philippines, finally rid of the dictator,
would adopt policies to address the economic and social inequalities that had only
increased under Marcos’s twenty-year rule. This People Power Revolution surprised
and inspired anti-authoritarian activists around the world.
Ferdinand Marcos had been president of the Philippines since 1965. After declaring
martial law in 1972, he suspended and eventually rewrote the Philippine constitution,
curtailed civil liberties, and concentrated power in the executive branch and among
his closest allies. Marcos had tens of thousands of opponents arrested and thousands
tortured, killed, or disappeared.
4. EDSA People Power II - https://nvdatabase.swarthmore.edu/content/philippine-
citizens-overthrow-president-joseph-estrada-people-power-ii-2001
5. EDSA People Power III also known as “May 1 Riots” – protests sparked after the
arrest of newly deposed president Joseph Estrada from April 25-May1, 2001. The
protest held on for 7 days on a major hiway which eventually culminated to storm
Malacañang. Taking four months after the Second EDSA Revolution, the protests
were considered as a more populist uprising in comparison to the previous
demonstrations in the same location in January 2021. However, the protests and
attack in the presidential palace failed in their objectives.
