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Human Rights Notes

Political Law (Wesleyan University-Philippines)

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CHAPTER 1: THE NATURE OF HUMAN first generation of liberty would be

RIGHTS valueless without the enjoyment of
economic, social, and cultural rights.
Human Rights
 The aggregate of privileges, claim, Examples:
benefits, entitlements and moral  Right to work
guarantees that pertain to man because  Right to social security
of his humanity.  Right to form and join trade unions
 A human person possesses rights  Right to education
because of the very fact that it is a  Right to rest and leisure
person and which consequently is not  Right to health
merely a reason to an end, but an end  Right to shelter
which must be treated as such. THIRD GENERATION OF SOLIDARITY
 Also defined as “legal and moral RIGHTS OR COLLECTIVE RIGHTS
entitlements that have evolved as a basis
for constructing how state power is used  Also known as the third generation of
and particularly to limit its use against the solidarity rights.
rights of citizens.  Intended to benefit individuals, groups
and peoples and its realization will need
global cooperation based on international
3 GENERATIONS OF RIGHTS: liberty.

FIRST GENERATION OF CIVIL AND Examples:

POLITICAL RIGHTS  Right to peace
 Right to development
 Also known as first generation of liberty  Environmental rights
rights.  Right to self-determination
 Civil and political rights are individual  Right to food
rights against the state and are partly  Rights of women
seen as negative because they prevent  Rights of children
the state from the performance of certain  Right to humanitarian disaster relief
acts that are considered harmful.  Right to water (latest addition)

Examples:
 Right to life, liberty, and security of a 3 PRINCIPLES OF HUMAN RIGHTS:
person
 Right against torture  Universality
 Right to equal protection against any  Indivisibility
discrimination  Interdependence
 Right against arbitrary arrest and
detention Rights belong to and are to be enjoyed by
 Right to fair and public hearing by an all human beings without distinction of
independent and impartial tribunal any kind, such as race, color, sex or
 Right to be presumed innocent until language, religion, political and other
proven guilty opinion, national or social origin, property,
 Right to privacy, freedom of opinion birth or other stature.
and expression Human rights belong to everyone
wherever they are because they are
human beings endowed with dignity.
SECOND GENERATION OF ECONOMIC, No one, no group, and no place in the
SOCIAL AND CULTURAL RIGHTS world should be denied the enjoyment of
human rights.
 Also known as the second generation of The international community must treat
equality rights. human rights in equal manner, on the
 This started to be recognized when same footing, and with the same
people realized that possession of the emphasis.

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CHAPTER 2: SOURCES OF FOUNDATIONS

OF HUMAN RIGHTS LAW
CHARACTERISTICS
The basic source of human rights law in the
 Human rights are inherent, inalienable, Philippines is The 1987 Constitution.
and universal.
First generation of rights:
Inherent – rights are the birth right of all  Article III, Bill of Rights
human beings, existing independently of the
will of either an individual human being or Second generation of rights:
group.  Article XII, National Economy and
Patrimony
Inalienable- no person can deprive any  Article XIII, Social Justice and Human
person these rights and no person can Rights
repudiate these rights by himself. These  Article XIV, Education, Science and
rights cannot be subject of the commerce of Technology, Arts, Culture and Sports
man.
Third generation of rights:
Universal – these rights belong to every  Article II, Declaration of Principles and
human being, no matter what he or she is State Policies
like. Its promotion and protection are the  Article XV, The Family
duty of all States regardless of cultural,
economic, or political systems.
2 Important Function of Commission of
Human Rights are:
STAGES  Investigate human rights violations
 Idealization involving civil and political rights either
 Positivization committed by the government or by non-
 Realization governmental entities.
 Establish a program of education and
Idealization – notions about human rights information to enhance respect for the
have started in the realm of ideas that reflect primacy of human rights.
a consciousness against oppression,
dehumanization or inadequate performance Law passed by the Congress based from
by the State. The 1987 Philippine Constitution:

Positivization – support for the ideas First generation:

became strong and the stage is set to
incorporate them into some legal  RA 7438 (Rights of Persons Arrested,
instruments. Detained, or Under Custodial
Investigation
Realization – rights are enjoyed by the  RA 8493 (Speedy Trial Act of 1998)
citizens of the State by the transformation of  RA 10350 (Anti-Enforced Disappearance
the social, economic, and political order. Act)
 RA 9745 (Penalizes Acts of Torture)
 RA 9851 (Penalizes Crimes Against
3 OBLIGATIONS OF STATE PARTIES: International Humanitarian Law, etc.)
 Obligation to respect  RA 10368 (Creation of Human Rights
 Obligation to ensure Victim Board)
 Obligation to protect
Second generation:
Article 2(1) of the International Covenant on
Civil and Political Rights (ICCPR)  RA 6657 ( Comprehensive Agrarian
Reform Law)
 RA 7279 (Urban Development and
Housing Act of 1992)

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 RA 8282 (Social Security Act of 1992)

 RA 6938 (The Cooperative Code)
 RA 8435 (Agriculture and Fisheries
Modernization Act of 1997)

Third generation:

 RA 7192 (Women in Development and

Nation-Building Act
 RA 8505 (Rape Victim Assistance and
Protection Act of 1998
 RA 6955 (Declares Unlawful the Practice
of Matching Filipino Women for Marriage
To Foreign Nationals on a Mail Order
Basis)
 RA 7610 (An Act Providing for the Magna
Carta of Women
 RA 7610 (An Act Providing For Stranger
Deterrence and Special Protection Against
Child Abuse, etc.)
 RA 8749 (Philippine Clean Air Act of 1999)
 RA 9003 (Ecological Solid Waste
Management and Protection Act)
 RA 9147 (Wildlife Resources Conservation
and Protection Act)

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