INTRODUCTION Kinds/Generation of Rights

Human rights law – branch of public law that deals Karl Vask’s division follows the French Revolutions
with the body of laws, rules, procedures, and slogans – Liberty, Equality & Fraternity
institutions designed to respect, promote and protect
 1st Gen of Civil and Political Rights (1st Gen
human rights and the national, regional and
of Liberty Rights)
international levels
o Individual rights against the state and
UN CHARTER are partly seen as negative
o Due to the development of
 Reaffirm faith in fundamental human rights, in
democratic society
the dignity and worth of the human person, in
o Serves as the protection of the
the equal rights of men and women and of the
individuals from arbitrary exercise of
nations large and small
police power
 To promote social programs and better
o Examples:
standards of life in larger freedom
 Right to life, liberty and security of
1987 Constitution Article 2 Sec 11 person
 Right against torture
 State value the dignity of every human person  Right to equal protection against
and guarantees full respect for human rights discrimination
1984 Universal Declaration of Human rights  Right against arbitrary arrest and
detention
 Basic source of human rights  Right to a fair and public hearing
by an independent and impartial
CHAPTER 1 THE NATURE OF HUMAN RIGHTS
tribunal
Definition  Right to be presumed innocent
until proven guilty
 Aggregate of privileges, claim, benefits,
 Right to privacy, freedom of
entitlements and moral guarantees that
opinion and expression
pertain to man because of his humanity
 nd
2 Gen of Economic, Social and Cultural
 System of values or elements which are
rights (2nd Gen of Equality Rights)
inherent to human dignity
o People realized that possession of first
 Why does man have rights? Human person generation of liberty rights would be
possesses rights because of the very fact that
valueless without the enjoyment of
it is a person, a whole, master of itself and of economic, social and cultural rights
its acts and which consequently is not merely o Struggle against Colonialism,
a reason to an end but an end which must be Socialism, and encyclicals of the Pope
treated as such
o Examples:
 Connection between a human person and his  Right to work
possession of his rights – any human society if  Right to social security
it is well ordered and productive must lay  Right to form and join trade
down as a foundation the principle that every unions
human being is a person, and that his nature  Right to education
is endowed with intelligence and full will. By  Right to rest and leisure
virtue of this, he has rights and duties flowing  Right to health
directly and simultaneously from his very  Right to shelter
nature  rd
3 Gen Solidarity or Collective Rights
 Legal and moral entitlements that have (3rd Gen of Solidarity Rights)
evolved as a basis for constructing how state o Benefits individuals, groups and
power is used and particularly to limit its use people
against the rights of citizens o Realization will need global
cooperation based on international
solidarity
o Examples:
 Right to peace
  Right to development
 Environmental rights
 Right of self-determination
 Right to food
 Rights of women
 Rights of children
 Right to humanitarian disaster
relief
 Right to water
Principles
 Universality
o Rights belong to and are to be enjoyed by
all human beings without distinction of
any kind, such as race, color, sex, or
language, religion, political and other
opinion, national or social origin,
property, birth or other stature
o HR belongs to everyone wherever they
are because they are human beings
endowed with dignity
o Internationally recognized human rights
are the basic core minimum to be
observed everywhere without regional
differences
o HR belongs to everyone, everywhere by
virtue of being human
o No one, no group, no place in the world
should be denied the enjoyment of
human rights
 Indivisibility and Interdependence
o First generation of liberty rights and
second generation of equality rights are
interrelated and are co-equal in
importance
o Forms an indivisible whole and only if
these rights are guaranteed that an
individual can live decently and in dignity
o International community must treat
human rights in equal manner, same
footing and same emphasis
o We cannot enjoy civil and political rights
unless we enjoy economic, cultural and
social rights – must enjoy economic,
cultural and social rights (equality) to be
able to enjoy civil and political rights
(liberty)
Characteristics
 Inherent
o Rights are the birthright of all human beings
o Exists independently of the will of either
individual human being or group
o Not obtained and granted through any
human action or intervention
o When one is born, he carries with them
these rights, they cannot be separated or
detached from him
 Inalienable
o No person can deprive any person these
rights and no person can repudiate these
rights by himself
o Rights cannot be subject of the commerce
of man
 Universal
o Rights belong to every human being no
matter what he or she is like
o Promotion and protection are the duty of all
states, regardless of cultural, economic or
political systems
Stages
 Idealization – Notions about human rights have
started in the realm of ideas that reflect a
consciousness against oppression,
dehumanization or inadequate performance by
the state
 Positivization – support for the ideas to become
strong; stage is set to incorporate them into
some legal instrument, whether domestic or
international law
 Realization – last stage where these rights are
enjoyed by citizens of the state by
transformation of the social, economic and
political order
Three Obligations of Stage Parties to international
Covenants
Respect – Art 2(1) of the International Covenant on
civil and Political rights
 Indicates the negative character of civil political
rights
 Commands State Parties to refrain from
restricting the exercise of these rights where
such is not expressly allowed
o Example: Act 7 of ICCPR – prohibits
torture in absolute terms under all
circumstances
o Provisions which prohibit only arbitrary
interference (ex. Art 6 (1) right to life;
Art 17 right to privacy
o Provisions which authorize the state
parties to impose restrictions on
political freedoms in Art 18-22
 Ensure – Art 2(1)  Grant immunity from prosecution to any
person whose testimony or whose possession
 Positive character of civil and political rights
of documents or other evidence is necessary
and economic and social and cultural rights
or convenient to determine the truth in any
 State parties must be proactive to enable
investigation conducted by it or under its
individuals to enjoy their rights
authority
 Obligation to adopt executive, judicial and
 Request the assistance of any department,
legislative measures to provide an effective
bureau, office, or agency in the performance
remedy to victims of human rights violators
of its functions
 Safeguard certain rights by means of
 Appoint its officers and employees in
procedural guarantees and legal institutions
accordance with the law
Protect  Perform such other duties and functions as
may be provided by law
 Preventing private individuals, groups or
entities from interfering with the individuals CHR is NOT a Quasi-Judicial Body
civil and political rights
 Not meant by fundamental law to be another
 Horizontal efforts (application of human rights
court or quasi-judicial agency
between individuals or other private subjects)
 Most that may be conceded to the
depend on the wording of such rights
Commission in the way of adjudicative power
 Example of provisions which apply on the
is that it may investigate, receive evidence
horizontal level: prohibition of slavery;
and make findings of fact as regards claimed
prohibition of advocacy of racial hatred; right
human rights violations involving civil and
to protection of law – need to take positive
political rights
means to protect children, family and rights to
 Fact finding is not adjudication, and cannot be
life, liberty and equality
likened to the judicial function of a court of
Powers and Function of the Commission under the justice, or even a quasi-judicial agency or
1987 Constitution official

 Investigate, on its own or on complaint by any CHR’s Investigative Power

party, all form of human rights violations
 Section 18, Article XIII of the 1987
involving civil and political rights
Constitution – empowers the Commission on
 Adopt its operational guidelines and rules of
Human Rights to “investigate, on its own or on
procedure, and cite for contempt for
complaint by any party, all forms of human
violations thereof in accordance with the
rights violations involving civil and political
Rules of Court
rights”
 Provide appropriate legal measures for the
protection of human rights of all persons Application to the Case
within the Philippines, as well as Filipinos
 What are sought to be demolished are the
residing abroad, and provide for preventive
stalls, sari-sari stores and carinderias as well
measures and legal aid services to the
as temporary shanties, erected by private
underprivileged whose human rights have
respondents on a land which is planned to be
been violated or need protection
developed into a “People’s Park”
 Exercise visitorial powers over jails, prisons, or
 The land adjoins the North EDSA of Quezon
detention facilities
City which is a busy national highway
 Establish a continuing program of research,
 The order of the demolition of the stalls, sari-
education, and information to enhance
sari stores and carinderia of the private
respect for the primacy of human rights
respondents do not fall within the
 Recommend to the Congress effective
compartment of “human rights violations
measures to promote human rights and to
involving civil and political rights” intended by
provide for compensation to victims of
the Constitution
violations of human rights, or their families
 Monitor the Philippine Government’s CHR Contempt Powers
compliance with international treaty
obligations on human rights
  Constitutionally authorized to “adopt its
operational guidelines and rules of procedure,
and cite for contempt for violations thereof in
accordance with the Rules of Court”
 CHR acted within its authority in providing in
its revised rules, its power “to cite or hold any
person in direct or indirect contempt, and to
impose the appropriate penalties in
accordance with the procedure and sanctions
provided for in the Rules of Court
 That power to cite contempt should apply
only to violations of its adopted operational
guidelines and rules of procedure essential to
carry out its investigatorial powers
 Power to cite for contempt could be exercised
against persons who refuse to cooperate with
the said body, or who unduly withhold
relevant information, or who decline to honor
summons, and the like, in pursuing its
investigative work
CHR CANNOT Issue an Order to Desist
 Not investigatorial in character but prescinds
from an adjudicative power that it does not
possess
 The constitutional provision directing the CHR
to “provide for preventive measures and legal
aid services to the underprivileged whose
human rights have been violated or need
protection” may not be construed to confer
jurisdiction on the Commission to issue a
restraining order or writ
 “preventive measures and legal aid services”
mentioned in the Constitution refer to
extrajudicial and judicial remedies which the
CHR may seek from proper courts on behalf of
the victims of human rights violations
 CHR has no jurisdiction to issue the writ
o May only be issued “by the judge of
any court in which the action is
pending”
 Commission does have legal standing to
indorse, for appropriate action, its findings
and recommendations to any appropriate
agency of government
Human Rights
 Basic rights which is inherent in man by virtue
of its humanity
 Same in all parts of the world
 Include civil rights such as the right to life,
liberty, and property; freedom of speech, of
the press, of religion, academic freedom, and
the rights of the accused to due process of law
 Political rights such as the right to elect
public officials, to be elected to public office,
and to form political associations and engage
in politics
 Social rights such as the right to an education,
employment, and social services
 Entitlement that inhere in the individual
person from the sheer fact of his humanity
 Not granted by the State but can only be
recognized and protected by it
 Universal Declaration of Human Rights
o International Covenant on Economic,
Social and Cultural Rights
o International Covenant on Civil and
Political Rights
 Part of his natural birth, right, innate and
inalienable
Civil Rights
 Belong to every citizen of the State or country,
or, in wider sense, to all its inhabitants, and
are not connected with the organization or
administration of the government
 Rights of property, marriage, equal protection
of the laws, freedom of contract etc
 Rights appertaining to a person by virtue of his
citizenship in a state or community
 Rights capable of being enforced or redressed
in a civil action
 Guarantees against involuntary servitude,
religious persecution, unreasonable searches
and seizures, and imprisonment for debt
Political Rights
 Right to participate, directly or indirectly, in
the establishment or administration of
government
 Right of suffrage
 Right to hold public office
 Right of petition
 Rights appurtenant to citizenship vis-à-vis the
management of government