HUMAN RIGHTS REVIEWER

Karel Vasak in 1979 was compelled to

classify rights of every person into three
generations of rights.
CHAPTER I- NATURE OF HUMAN
RIGHTS
THREE (3) GENERATIONS OF RIGHTS
DEFINITION
1. First Generation of Rights- also
known as First Generation of
Human Rights- aggregate of privileges,
Liberty Rights; serves as a
claims, bene ts, entitlements, and moral
protection of the individuals from the
guarantees that pertain to man because
arbitrary exercise of police powers.
of his humanity; legal and moral
Examples are right to life, liberty and
entitlements that have evolved as a basis
security of person; right against
for constructing how state power is used
torture; right to identi cation, equal
and particularly to limit its use against
protection against and discrimination;
rights of the citizens.

right against arbitrary arrest and

detention; right to fair and public
Jose Zalaquett- human rights are
hearing by an independent and
regarded as system of values or impartial tribunal; right to be
elements which are inherent to human presumed innocent until proven
dignity.
guilty; right to privacy, freedom of
opinion and expression, etc.

Jean Jacques Maritain- human person 2. Second Generation of Rights- also

possesses rights because of the vey fact
known as Second Generation of
that it is a person, a whole, master of
Equality Rights. Recognized when
itself, and of its acts, and which
people realized that the possession
consequently is not merely a means to
of the rst generation of liberty rights
an end but an end which must be treated
would be valueless without the
as such.(The Rights of Man)

enjoyment of economic, social and

cultural rights. Examples are right to
Pope John XXIII- any human society, it it
work; right to social security; right to
is to be well- ordered and productive,
form and join trade unions; right to
must lay down as foundation, this
education; right to rest and leisure;
principle, namely, that every human
right to health; right to shelter etc.

being is a person, that is, his nature is

3. Third Generation of Rights- also
endowed with intelligence and full will.
He has rights and duties, owing directly known as Third Generation of
and simultaneously from his very nature. Solidarity Rights. Intended to bene t
(Pacem in Terris)
individuals, groups and people and
its realization will need global
Jose W. Diokno- no cause is more cooperation based on international
worthy than the cause of human rights; solidarity. Examples are right to
they are what make man human.
peace; right to development,
environmental rights, right to self-
KINDS determination; right to food; rights of
women; rights of children; right to
fi
fi
fi
fl
fi
 humanitarian disaster relief and the person can repudiate these rights by
latest right is right to water.
himself; cannot be the subject of the
commerce of man.
PRINCIPLES 3. Universal- rights belong to every
human being, no matter what he for
1. Universality- rights that belong to she like; its promotion and protection
and are to be enjoyed by all human are duty of of all states, regardless of
beings without distinction of any cultural, economic or political
kinds, such as race, color, sex or systems.

language, religion, political and other

opinion, national or social origin, COMPONENTS
property, birth or other stature;
human rights belong to everyone 1. A Subject or Right-holder- an
wherever they are because they are individual (natural person), a group of
human being endowed with dignity; it individuals or a non- governmental
also means internationally- organization entitled to rights under
recognized human rights are the the law and can take legal action to
basic core- minimum to be observed protect or promote those rights.

everywhere without regional 2. A Duty-Holder- an entity, normally a

di erences.
State that is obliged to respect, to
2. Tw o R e l a t e d P r i n c i p l e s o f ensure, and to protect the subject’s
Indivisibility and Interdependence- rights or demands; states are
rst generation of liberty rights and considered duty-holders rather than
second generation of equality rights subjects though in international law
are inter- related and are co- equal in the role of state as subjects is
importance; they form an invisible recognized as incontestable.

whole and only if these rights are 3. An Object- content of any given right
guaranteed that an individual can live and any duty of the holder of the right
decently an in dignity; international and the holder of the obligation. This
community must treat human rights right and this duty are the human
in equal manner, on the same footing, values and needs which are found in
and with the same emphasis.
human rights rules and norms.

4. The Implementation- set of

CHARACTERISTICS measures, approaches, and initiatives
1. Inherent- ere the birthright of all designed to really the right
human beings, existing. concerned; includes laws,
Independently of the will of either an administrative measures, legal writs
individual human being or group; not and mechanisms adopted by the
obtained and granted through any three branches of government:
human action or intervention; when Congress, Executive and Judiciary.

one is born, he carries with him these

rights; cannot be separated or NOTE: A sample subject or right-holder
detached from him.
and an object or content of a human
2. Inalienable- no person can deprive right can be found in Article III, Section
any person these rights and no 12 of the 1987 Constitution that provides
fi
ff
 “Any person under investigation for the obligation, State Parties must be
commission of an o ense shall have the proactive to enable individuals to enjoy
right to be informed of his right to remain their rights; this means that State
silent and to have competent and Parties has the obligation under Article
independent counsel prefarbly of his own 2(2) to adopt executive, judicial, and
choice.”
legislative measures, to provide an
e ective remedy to victims of human
STAGES rights violators under Article 2(3) and
to safeguard certain rights by means
1. Idealization- notions about human of procedural guarantees and legal
rights have started in the realm of institutions.

ideas that re ect the consciousness - The obligation to ensure includes the
against oppression, dehumanization obligation to protect; to prevent private
or inadequate performance by the individuals, groups or entities from
state.
interfering with the individual’s civil
2. Positivization- support for the ideas and political rights

became strong and the stage is set

to incorporate them into some legal
instruments, domestic or
international law.

3. Realization- rights are enjoyed by

the citizens of the State by the -
transformation of the social,
economic and political order.

THREE OBLIGATIONS OF STATE

PARTIES

1. Obligation to Respect;

2. Obligation to Ensure; and

3. Obligation to Protect.

- Article 2(1) of the Inter national

Covenant on Civil and Political Rights
(ICCPR) contain the obligation to
respect. It indicates the negative
character of civil and political rights,
commanding State Parties to refrain
from restricting the exercise of these
rights where such is not expressly
allowed.

- the obligation to ensure indicates the

positive character of the civil and
political rights and the economic,
social, and cultural rights. Under the
ff
fl
ff