Module 1: Fundamental concepts and principles of Human Rights and its origin.

 Human Rights Education - CLJ2

Meaning of Human Rights

 Human rights refers to those rights which pertain to all persons and are possessed by every
individual because they are human.

 Human rights are rights that every person has as a consequence of being a human being.
This means that every person, regardless of his/her gender, race, religion, political view and
other differences is being protected by it and its laws.

 Beginning of Life (Imbong v. Ochoa) - Philippine Jurisprudence holds that life begins in the
fertilization of the ovum by the sperm, that is the meeting of the ripe ovum and the sperm.
The text of the Philippine Constitution expressly affords protection to the unborn from
conception. At the time an ovum is fertilized, he shall be considered as human. As such, it
shall be given the protection, especially on its right to life. Any contraceptive which attacks
this fertilized ovum shall be considered as violative of the right to life.

History of Human Rights

 Human rights were established long before the birth of many governments and civilizations.
Five of the oldest written evidence of the existence of human rights came from the oldest
religions of the world. All of the five writings have one similarity, which was the Golden Rule
“do not do unto others what you do not want others do unto you.” There are many precursors
that have led to the establishment of many charters and bills for the acknowledgement of
human rights of every individual:
1. The Cyrus Cylinder - That freed the slaves and gave freedom of religion to those members of
the Persian Empire.

2. Magna Carta - That gave freemen free trial and justice including the king.

3. Petition of Rights - That demanded King Charles I not to excessively tax people and imprison
them without reason.

4. The Bill of Rights - That protects the rights of every citizen and gives them the freedom of
speech and freedom of religion.

5. United Nations Charter - Which was established following the devastating World War II,
aiming to protect the people and never again let a war like ones before ever happen again.
 Society needed a government for order and survival. In the Philippines, we had the Datus
and rajahs before the Spanish came to colonize us and place the nation under the control of
Spain. Most government systems were Despotic in nature. Despotic systems had rulers with
vast powers, exercising the roles of lawmaker, judge, landowner, people-owner, high priest,
and in some imperial systems. In medieval period, religion was sometimes used as an
instrument of imperialism, to conquer not only lands but also the minds of the people to
submission. Human Rights protection for the peasantry was unheard of, freedom of
expression was taken as heresy, and the monarchs and religious leaders were absolute
authority.

In the late 1800’s and the beginning of 1900’s, science and education empowered more
people and made them more critical. The working class started to asset itself, and the elite
began to treat workers better. The world started becoming more liberal in its outlook and
respectful of the individual’s freedom to think and believe.

It was after the two (2) world wars when the issue of human rights took center stage. The
destructive effects of the wars impelled leaders from the different countries to come together
and forge an alliance to maintain world order through the protection of human rights. On
June 26, 1945, the Charter of the United Nations was adopted. On December 10, 1948, the
United Nations General Assembly (UNGA) adopted the Universal Declaration of Human
Rights. December 10 has since been observed as International Human Rights Day.

Theoretical approach on Human Rights

1. The Natural Rights Theory - According to John Locke, an American Philosopher, human
beings are born with inalienable natural rights. These rights are God-given rights and can
never be taken away or be given away. Locke also stated that the fundamentals of natural
rights are life, liberty, and property.

2. The Legal rights theory - The principle of legal rights theory is that human rights are
completely depend on the recognition by states and institutions. The theory provides that an
individual cannot claim his or her rights if these are not recognized by his or her states and
institutions.

3. Historical Theory of Rights - Rights of human beings are not created by the state but the
product of historical evolution of humans.

4. The Social Welfare Theory of Rights - Human rights are created by society based on and in
consideration of the common welfare of human beings. The theory also assumes that if the
society does not approve of the right, then it will not be recognized.

5. The Idealistic Theory of Rights - Also known as Personality Rights Theory, suggests that
human rights are the external factors affecting the internal and real development of an
individual. This theory treats the right to personality as a supreme and absolute right.
 Attributes of Human Rights
1. Universal - Human rights apply to all humans, regardless of race, culture, age, sex, or creed.

2. Inherent - All human beings are born with these rights; these are not conferred by any
authority.

3. Equal - Every human being has the same set of rights as any other. Article 1 of the Universal
Declaration of Human Rights states that, “All human beings are born free and equal in dignity
and rights.”

4. Inalienable - Human rights cannot be taken from or given away by any human. While its
exercise may be regulated or restricted by law, its substance cannot be taken away.

5. Imprescriptible - They cannot be lost even by a long passage of time.

6. Indivisible - They cannot be denied even when other rights have already been enjoyed.

7. Interdependent - The fulfillment or exercise of a right cannot be had without realization of

other rights.

8. Human rights are fundamental - Without them, the life and dignity of a man will be
meaningless.

Classifications/Generations of Human Rights

1. Civil Rights or Civil Liberties - These are sets of rights pertaining to “those that 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. They include the rights
of property, marriage, equal protection of the laws, freedom of contract, etc. or, as otherwise
defined civil rights are rights appertaining to a person by virtue of his citizenship in a state or
community. In the Philippines, civil rights or liberties are primarily enshrined under Art. III of
the 1987 Constitution which thus refers to the Bill of Rights. Basically, those which are
guaranteed under this are protections of the citizens against the government. Inversely,
these serve as the limitation to the intrusion of the government into the rights of its citizens.

2. Political Rights - Are those which guarantee a citizen the authority to participate in the
running of the affairs of the government. These are also termed as Participatory Rights
considering that these essentially grant the right to every citizen to be involved in public
decision-making processes such as plebiscites and elections. A good example of this is the
right to vote or suffrage which is contextualized in Art. V of the Philippine Constitution.

3. Economic, social and cultural rights - Are human rights which recognize, protect and
guarantee the person’s right to education, housing, adequate standard of living, health and
science and culture. These are also referred to as entitlement-rights. Particularly, Art. II on
the Declaration of Principles and State Policies, Art. XIII on Social Justice and Human
Rights, Art. XIV on Education, Science and Technology, Arts, Culture and Sports, and Article
XV on the Family.
 International Convention on Human Rights
a. The Universal Declaration of Human Rights (UDHR) - Was adopted in December 1948 by
United Nations General Assembly. Is considered the international version of the Magna
Carta. It is revolutionary international law that dictates how states are to treat their people.
The issues of the states are now considered a matter of international concerns and no longer
just domestic issues. Provides that the rights of every human being are interdependent and
are invisible. This means that all states are responsible for the attainment of international
peace and freedom.

b. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) -

Adopted on December 21, 1965, this convention upholds that “the existence of racial barriers
is repugnant (Unacceptable) to the ideals of human society.” Therefore, it seeks to combat all
forms of racial discrimination. The specific rights identified in this convention can be found in
Part I, Article 5 of ICERD. Some of these rights are as follows:
i. Equal treatment before tribunals and other organs administering justice

ii. Right to security of person and protection by the state;

iii. Political rights;

iv. Civil rights; and

v. Right to access to any place or service for public use.

c. International Covenant on Civil and Political Rights (ICCPR) - Adopted on December 16,
1966, this convention, in general, protects political and civil rights of people which are
important, most particularly in democratic country. Some of the salient provisions in this
convention are as follows:
i. Right to self-determination;

ii. Right to effective remedy, determined by competent authorities;

iii. Inherent right to life with provisions on death penalty in countries imposing such;

iv. Prohibition on torture and other forms of cruel and inhuman treatment/punishment, with
emphasis on the need for consent when participating in human experimentation;

v. Prohibition on slavery and forced/compulsory labor;

vi. Right to fair trial and presumption of innocence;

vii. Right to freedom of thought and opinion; and others.

 d. International Covenant on Economic, Social, and Cultural Rights (ICESCR) - Adopted on
December 16, 1966, this convention provides “to ensure the equal right of men and women
to the enjoyment of all economic, social, and cultural rights.” Some rights are identified as
follows:
i. Right to work and just favorable conditions at work;

ii. Right to form trade unions and right to strike, as long as in conformity with the laws of the
country;

iii. Right to social security, social protection, and adequate standard of living;

iv. Right to highest attainable standard of health – both physical and mental;

v. Right to education; and

vi. Right to cultural rights, enjoyment of scientific progress and technologies, and enjoyment of
benefits from one’s creative production, among others.

e. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) -

Adopted on December 18, 1979, this convention upholds the equality of rights of men and
women in line with existing international covenants on human rights. However, the same
recognizes that despite these instruments, the discrimination of women persists, which
necessitates the creation of this specific treaty. Specific provisions of the convention include:
i. An embodiment of gender equality in national laws;

ii. Ensuring women development; and

iii. Gender equity (Fairness) in political and civil endeavors, education, employment, and health
care, among others.
f. Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment (CAT) - Adopted on December 10, 1984, this convention was anchored on the
Universal Declaration of Human Rights and the ICCPR. It upholds that “no one shall be
subjected to torture or to cruel, inhuman, or degrading treatment or punishment.” It prohibits
return or extradition of a person when there is danger of torture in the home country. It also
ensures that commission, complicity, or participation in torture is considered as legal
offenses and that torture victims (and their families, if the victim dies) obtain redress and
adequate compensation.

g. Convention on the Rights of the Child (CRC) - Adopted on November 20, 1989, serves as
the foundation of the pillars of the children’s rights, namely survival, protection, development,
and participation.

h. International Convention on the Protection of the Rights of All Migrant Workers and Members
of their Families (ICMW) - Adopted on December 19, 1990, defines the various types of
migrant workers and taking from previous types of migrant workers and taking from previous
international conventions of rights (It means that migrant workers (people who work in a
country that isn't their own) should have the same rights as anyone else, emphasized that
they too apply to all individuals engaged in remunerated activity in which one is not a
citizen.)

i. International Convention for the Protection of All Persona from Enforced Disappearance
(CPED) - Adopted on December 20, 2006, defines enforced disappearance as “the arrest,
detention, abduction, or any other form of deprivation of liberty by agents of the State or by
persons or groups of acting with the authorization, support, or acquiescence of the State,
followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate
or whereabouts of the disappeared person, which place such person outside the protection
of the law.”

j. Convention on the Rights of Persons with Disabilities (CRPD) - Adopted on December 13,
2006, seeks to protect the rights of persons with various forms of disability.

 Reinna Mae Osorio - Instructor