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CHAPTER 1
Human Rights – rights which are inherent in our nature,
and without which, cannot live as human
beings.
Dignity of Man – derived right of every person to free
development of his personality.
Characteristics of HR:
1. Inherent – not granted by any person. (right to
life and right to dignity as a human being)
2. Fundamental – life without it would be
meaningless. (freedom of thought and religion)
3. Inalienable – cannot be rightfully taken away as
an individual.
4. Imprescribable – cannot be lost thru passage of
time. (freedom of thought)
5. Indivisible – incapable of division and cannot be
denied though availed.
6. Universal – irrespective of their origin, status or
condition or place where they live.
7. Interdependent – fulfillment cannot be
materialized without the realization of another.
Classification of Rights:
1. Source:
a. Natural – God-given rights which are
acknowledged by everyone as morally
good. Unwritten but prevail as norms.
b. Constitutional – rights conferred and
protected by the Constitution which
cannot be taken away by the law
making body.
c. Statutory – rights provided by the law
and promulgated by the law making
body which can also be abolished by the
same.
2. Recipient:
a. Individual – rights of individuals.
b. Collective – rights of the society which
cannot be enjoyed without the company
of others.
3. Aspect of Life:
a. Civil – rights enforced at the instance of
private individuals for the purpose of
securing them the enjoyment and
happiness.
b. Political – rights to participate in running
the affairs of the government.
c. Economic and Social – rights conferred
by law which enables them to achieve
social and economic development which
ensures their well-being, happiness and
financial security.
d. Cultural – rights t ensure preservation of
national culture.
4. Struggle for Recognition:
a. First generation – derives from 17th to
18th century of English, American and
French revolutions which favors
abstention rather than intervention of the
government.
b. Second generation – covers social,
economic and cultural rights which
originated from the socialist tradition and
conceives HR in positive terms.
c. Third generation – covers collective
rights.
5. Derogability
a. Absolute or non-derogable – cannot be:
i. Suspended
ii. Taken away
iii. Restricted/limited
Even in:
National emergency
Government invokes national
security
b. Derogable or can-be-limited – may be
suspended, limited or restricted
depending on the circumstances which
call for the preservation of social life.
REQUISITES FOR RESTRCITIONS TO
BE VALID:
1. Provided by law which is made
known to citizens
2. There is a state of emergency which
urgent preservation of public good is
needed.
3. Does not exceed what is strictly
necessary to achieve the purpose.
Categories of HR:
1. Fundamental Freedom in Political Rights
2. Democratic Rights
3. Mobility Rights
4. Right to Life, Liberty and Security of the Person
5. Legal Rights
6. Rights of Equality
7. Economic, Social and Cultural Rights
8. Worker’s Rights
9. Aboriginal Rights
10. Reproductive Rights
11. Protective Rights in Armed Conflicts
12. Right to Self-determination
13. Minority Group Rights
CHAPTER 2
Sources of HR:
1. Religious or Theological Approach
- Since rights come from Divine source, they
are inalienable and cannot be denied by
mortal beings.
- Theology is the basis of HR.
- Dignity of human person is realized through
love of fellowmen.
2. Natural Law Theory
- Originated from the Stoic and elaborated by
Greek philosophers.
- Perceives that the conduct of men must
always conform to the law of nature.
- Must be in accordance with nature which is
eternal.
- Natural Law – embodies those elementary
principles of justice which there is right and
just.
- Scholastic Natural Law – right reason in
accordance with the law of God.
- Whatever is disturbing to social harmony is
wrong and unjust.
- Characteristic: leaves vague what is part of
the law of nations and is therefore
inalienable.
3. Historical Theory
- HR developed through the common
consciousness of men.
- HR existed through a gradual, spontaneous
and evolutionary process without any
arbitrary will of any authority.
4. Positivists Theory
- All rights and authority comes from the state
and what the officials have promulgated.
- HR is found only by enactment of a law with
sanctions attached.
5. Theory of Marxism
- Interest of the society over an individual
man’s interest.
- Individual freedom is recognized only after
the interest of society is served.
6. Sociological Approach
- HR existed as means of social control.
- HR existed to serve the social interest of the
society.
7. Utilitarian Theory
- Promotion of greatest good for greatest
number.
- Requires the government to maximize the
total net sum of ctizens.
8. Theories of Justice
- Serves the ends of justice.
- Liberalities of individual can be achieved
only in a just society.
- There is no justice in a community where
there are social and economic inequalities.
- One of fairness are to be equally distributed
for the common good.
9. Theory based on Equality and Respect of
Human Dignity
- Recognition of individual rights in the
enjoyment of the basic freedoms.
- Treatment of the government equally to all,
thus government intervention is necessary
for general welfare.
10. Theory Based on Dignity of Man
- Value Oriented Approach – HR means
sharing of values of all identified policies
upon which HR depend on.
- Ultimate Goal – World community where
there is democratic sharing and distribution
of values.
Human Rights as an International Concern
Universal Declaration of Human Rights – basic norms
and standards of the HR were proclaimed.
International Convention on Civil and Political Rights –
amplified the HR principles in Universal
Declaration.
International Covenant on Economic, Social and Cultural
Rights – further broadened the scope of the
Universal Declaration.
Civil and Political Rights – Bill of Rights
CHAPTER 3
Art. 13 UN Charter – Directs GA to initiate studies and
recommendations for the purpose of assisting in
the realization of HR and fundamental freedom.
Art. 55 (c) UN Charter – universal respect for an
observance of HR and fundamental freedoms.
Art. 56 UN Charter – clear legal obligation of all
members to pledge themselves and take joint
and separate action in cooperation of the
Organization for the advancement of Art. 55 (c).
Art. 62(2) UN Charter – Economic and Social Council
may make recommendations for the purpose of
promoting respect for observance for HR and
fundamental freedom for all. Prevent
discrimination and to protect the rights of
minorities.
Art. 76 UN Charter – Trusteeship System to encourage
and for fundamental freedom for all without
distinction as to race, sex, language or religion
and to encourage recognition of
interdependence of the people of the world.
UN Commission on HR:
- Established by the Economic and Social Council
- Deals with all aspects of HR issues involving the
participation of all sectors of the international
committee.
- Takes tasks and investigations assigned by the
GA and Economic and Social Council.
Sub-commissions of independent experts – elected and
empowered to undertake studies and to make
recommendations to prevent discrimination,
protect minority rights and fundamental
freedoms.
NOTE:
- Declaration serves as norms to serve standards
of achievement of whole nations.
- UDHR did not direct its members to enforce
them.
- No sanctions or enforcement.
International Bill of Rights – composed of:
1. Universal Declaration of HR
2. International Covenant on Civil and Political
Rights
3. International Covenant on Economic, Social and
Cultural Rights
Committee on Economic, Social and Cultural Rights –
established by Economic and Social Council to
review State parties in implementing ECOSOC.
HR Committee – implement the Covenant on Civil and
Political rights.
Hindrance in the Implementation of HR Instruments:
- Art. 2, par. 7 of the UN Charter:
Nothing contained therein shall authorize the UN
to intervene in matters within the domestic
jurisdiction of any state or shall require members
to submit such matters to settlement under the
present Charter; but this principle shall not
prejudice the application of enforcement
measures under Chapter VII.
CHAPTER 4
Sources of HR laws:
1. International Conventions
2. International Custom
3. General Principles recognized by the
Community of Nations
4. Judicial Decisions and the teachings of the most
highly qualified publicists.
Treaty – legally binding written agreement concluded
between the States.
Protocol – supplement or subsequent agreement relative
to the existing treaty.
NOTE:
Consent of the State must be EXPRESS thru:
1. Ratification
2. Approval
3. Acceptance
Doctrine of Pacta Sunt Servanda - State is bound to
faithfully comply with the treaty after ratification.
Q: When Liability of the State Arise?
A: Only where there is BF on the part of the State, in HR
treaties, there can be liability even in absence of
BF.
Core International HR Treaties:
1. ICCPR
2. ICESCR
3. Convention Against Torture and Other Cruel,
Inhuman and Degrading Treatment or
Punishment (CATOCIDTP)
4. International Convention on the Elimination of All
Forms of Racial Discrimination (ICEAFRD)
5. Convention on Rights of the Child (CRC)
6. Convention on Elimination of All Forms of
Discrimination Against Women (CEAFDAW)
7. International Convention on the Protection of
Rights of All Migrant Workers and Members of
their Families (ICPRAMWMF)
8. International Convention for Protection of All
Persons for Enforced Disappearances
(ICPAPED)
9. International Convention on the Protection and
Promotion of the Rights and Dignity of Persons
with Disabilities (ICPPRDP)
Requisites to be a Customary Law:
1. The objective element amounts to settled
practice of the State
2. The subjective element consist a belief that this
practice is rendered obligatory by the existence
of a rule of law requiring it.
Jus Cogens – principle of non-use of force, thus if UN
Charter and treaty are not applicable, ICJ may
still rule on the case.
ELEMENTS:
1. Peremptory norm of general international law
2. Accepted and recognized by the international
community
3. No derogation
4. Can be modified only by a subsequent norm of
general international law having the same
character.
Obligatio Erga Omnes – obligations that are owed by
States to all, regardless of the presence or
absence of their assent to be bound thereby.
- If the State violates a treaty with another State
and the treaty only pertains, for instance, to their
bilateral agreement regarding trade, that
infringement is a PRIVATE MATTER BETWEEN
THE CONTRACTING STATES.
- HR laws are involved, all states hall have a legal
interest in their protection, for they are
obligations owed by the State to community of
States.
Universal Jurisdiction – State may prosecute a crime
elsewhere when the crime involved is a jus
cogens.
Actio Popularis – prosecution of jus cogens crime may
be initiated by another for the benefit of another
through this complaint. Rule of procedure in
bringing a suit on another’s behalf.
International and regional tribunals:
1. International Courts of Justice – Only member
states may file complaints. Composed of 15
judges for terms of 9 years elected by GA and
SC.
Exercises jurisdiction in two cases:
a. Contentious cases
b. Advisory proceedings
Barcelona Traction Case Doctrines:
a. State can bring the case for the benefit of a
corporation.
b. Made an obiter dictum recognizing and
expanding the meaning of erga omnes
obligations.
2. International Criminal Courts (ICC) –
independent permanent international criminal
court.
Cases may be tried:
a. Crimes against humanity (terrorism)
b. War crimes
c. Genocide
d. Crimes of aggression
3. Ad hoc tribunals
4. Regional Courts:
a. European Courts of HR
- Individuals may bring a suit
directly.
b. Inter-American Court of HR
- Individuals are granted locus
standi in judicio, however, a
Declaration of Acceptance by the
state party to American
Convention is necessary to
exercise jurisdiction.
c. African Court of H and People’s R
- Non-victims may bring the suit in
behalf of victims.
5. Hybrid or internationalized courts – courts mixed
of domestic and international, both in the judges
and staff as well as the laws applied, but they
either are integrated in the domestic judicial
system or appended to it.
UN CHARTER
Chapter 1 – Purpose:
1. Maintain international peace and security
(Peace)
2. Develop friendly relations (HR)
3. International cooperation in solving problems
(Diplomacy)
4. Center for harmonization in actions of nations
Chapter 2 – Members
Chapter 3 – Organs:
1. GA
2. SC
3. Trusteeship
4. ICJ
5. Secretariat
6. FCOSOF
Chapter 6 – How UN settles disputes?
Seek solution by:
a. Negotiation
b. Inquiry
c. Mediation
d. Arbitration
e. Others
Chapter 9-10 – Economic Social Function
Chapter 12 – Trusteeship
Chapter 14 – ICJ
CHAPTER 5
UDHR:
1. Resolves
2. Not a law passed by UN
3. Not legally binding but is practiced and
recognized by countries.
Jus Cogens – State cannot validly enter a treaty to the
controversy. It cannot be changed or disobeyed.
Equality and Equity
1. Every human is entitled regardless of his sex,
race, and religion.
2. ELEMENTS OF EQUAL PROTECTION LAW:
a. Based on Substantial distinction
b. Germane to the purpose of the law
c. Not limited to existing conditions
d. Apply equally to each members of the
sense class.
3. Rights should be subject to valid rights.
Right to Life
1. Secure from any physical harm (self-
preservation)
2. Does not include right to die.
3. Trafficking – modern day slavery (exploitation)
4. Palerno Protocol – protocol to prevent, suppress
and punish trafficking in persons specially w&c
EXCLUSIONARY RULE:
a. When the confession is obtained legally thru
torture (excluded as evidence)
b. Doctrine of Poisonous Tree – evidence
obtained illegally is not admissible to courts.
Right Against Torture
Torture – any act by which severe pain or
suffering, physical or mental, is
intentionally inflicted on a person.
Acts Constituting Cruel, Inhuman – degrading
acts
NOTE:
Non-derogable – state cannot take such right even at
state of war or emergency
Right to Effective Judicial Remedy
1. Must be just, accessible, free from corruption
and influence and speedy but with quality.
2. 3 Most Dangerous Enemies of Fairness
a. Corruption
b. Ignorance
c. Arrogance
Access to Justice
1. Availability of legal assistance to the poor (pro
bono)
2. PAO and Department of Justice Action Center
3. Availability of information on where and how to
get legal assistance
Judicial Writs
1. Writ of Habeas Corpus – judge to another
detaining a person, commanding to produce the
body of the prisoner at designated time and
place.
2. Writ of Amparo – extralegal killings and enforced
disappearances. Remedy whose rights to life,
liberty and security is violated or threatened with
violation by an unlawful act or omission.
3. Writ of Habeas Data – rights to privacy in life,
liberty or security is violated or threatened.
Right to be Presumed Innocent
Rights:
1. Informed
2. Prepare defense and to communicate with
counsel of his own choosing
3. Tried without delay
4. Tried in his presence and defend himself
5. Examine and obtain witness
6. Free assistance of an interpreter
7. Not be compelled to be a witness against
himself
Right Against Ex Post Facto Law and Bill of Attainder
1. No crime, no punishment without previous penal
law)
Treatment of the Law:
a. Holds the person liable for an act or
omission that was not punished at the
time of commission.
b. Impose a penalty heavier than the one
that was applicable at the time of
commission.
Right to Privacy
1. Evidence obtained in violation of this shall
render the evidence inadmissible
Freedom of Movement
1. Exceptions:
a. Freedoms curtailed or restricted upon
lawful order of the court
b. In interest of national security, public
safety or health.
Right to Seek Asylum
1. Non-refoulement – political offenders and
refugees
2. Extradition – criminal offenses
3. Deportation – immigration offenses
Right to Nationality
1. Acquisition and Change of Nationality
a. Jus Sanguinis (by blood)
b. Jus Soli (by place of birth)
c. Naturalization
Right to Marry and Found a Family
Right to Property
Freedom of Thought, Conscience and Religion
Freedom to Practice or Manifest Religious Beliefs
Freedom of Expression
Freedom of Assembly and Association
Right to take Part in the Government
Right to Social Security
Coverage of the SSM:
a. Health care
b. Sickness
c. Old age
d. Unemployment
e. Employment injury
f. Family and child support
g. Maternity
h. Disability
i. Orphans and survivors
Right to Rest and Leisure
Right to Adequate Standard of Living
Right to Education
Right to Enjoy Economic, Social and Cultural Life
Right to Self-determination
Right to Health