HUMAN RIGHTS EDUCATION

Module 3

Chapter 2
The Human Rights Commission

Introduction

Human dignity plays a special part of the provision of our preamble in

the 1987 Constitution. The States values the dignity of every human person and
guaranteed full respect of human rights,

The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all people to human dignity, reduce social, economic and
political inequalities, and remove cultural inequalities by equitably diffusing wealth
and political power of the common good (Sec. 11, Art, II , Philippine
constitution)

Learning Outcome

At the end of the topic, the students will be able to:

1. Identify the classifications of human rights

2. Innumerate the sources of human rights
3. Discuss the Universal Declaration of Human Rights

Learning Content

 Creation of the Commission on Human Rights

 Classification of Human Rights
 Sources of Human Rights
 Universal Declaration of Human Rights

Creation of the Commission on Human Rights

The CHR was created as a response to the atrocities committed during

Martial Law. When the 1987 Philippine Constitution was drafted, Article XIII on Social
Justice and Human Rights clearly defined the creation of the Commission.
“There is hereby created an independent office called The Commission on Human
Rights...
(to) investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights ...”
(Sec. 17-18, Art. XIII, Philippine Constitution)
“I, Corazon C. Aquino, President of the Philippines... do hereby (declare) the
Commission on Human Rights as provided under Article XIII of the 1987 Constitution
to be now in existence...”
(Executive Order No. 163)
The 1987 Philippine Constitution primarily gave CHR the mandate to protect and
promote the rights and dignity of every human being in the country. The State
values the dignity of every human person and guarantees full respect for human
rights.
(Sec. 11, Art. II, Philippine Constitution)
The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic
and political inequalities, and remove cultural inequalities by equitably diffusing
wealth and political power for the common good.
(Sec. 1, Art. XIII, Philippine Constitution)

Classification of Human Rights

According to source

1. Natural or moral rights- God given rights, acknowledge morally good

2. Legal rights
a. Constitutional rights- guaranteed in bill of rights of the constitution
b. Statutory rights- rights promulgated by legislative body

According to aspects of life

 Civil rights- rights the law will enforce at instance of private individuals for
purpose of securing in them the enjoyment of happiness. Civil rights
guarantee people from abuses of State agents in the exercise of the state’s 3
inherent powers: police power, eminent domain and power of taxation.

 Political rights – are those rights which enable us to participate in running

the affairs of the government either directly or indirectly.

 Economic, Social &Culture Rights- rights of people to self-determination.

To pursue economic, social and cultural development & financial security.
Ensure a life of dignity. Called positive rights−State expected to take
effective measures to fulfill them. Referred as programmable rights−
depends upon resources and political will of the state.

According to derogability
  Non-Derogable or Absolute Rights- rights that cannot be suspended nor
taken away nor restricted or limited even in extreme emergency and even if
government invoke national security.

Note: Hand in Hand with HR, which individuals must enjoy is the right of the State to
national Security. Thus some individual rights are not absolute or are derogable.

 Derogable or Relative Rights- maybe suspended or limited depending on

circumstances−for preservation of social life.

 State obligation of human rights:

- Obligation to RESPECT: requires in the State and all organs & agents- to
abstain from doing anything that violates the integrity of individual or
fringes on his/her freedom,
- Obligation to PROTECT: Requires the State & its agents- the measures
necessary prevent other individuals or groups from violating the integrity,
freedom of action. Or the HR of the individuals.
- Obligation to FULFILL: requires the State- to take measures to ensure for
each person within its jurisdiction opportunities- to obtain satisfaction of
those needs, recognized in the human rights instrument, which cannot be
secured by personal efforts.

What are the basic principles of Human rights?

- Human rights are inherent. Human rights are birth rights. They belong to the
individual person for reason that he or she is a human being. Fundamental:
Without human rights, a person’s life and dignity would be worthless and
meaningless.

Human rights are imprescriptible.

- Human rights are not lost by mere passage of time. Human rights do not
prescribe even if a person fails to use or was prevented from asserting them.
Human rights are indivisible, interrelated.
- The indivisibility of human rights is a manifestation that a person cannot be
denied or deprived of his or her human rights. Human rights are not piece
meal rights and freedoms, hence, not capable of being divided.

Human rights are universal. Human rights are endowed every human being
from the moment of birth, without distinction or irrespective of origin, sex, race,
creed, political color, status or condition in life.

Human rights are interdependent. The fulfillment, enjoyment or exercise of

particular right cannot be attained without the realization of the other rights.

Principle of equality. Even the law of nature made manifest this basic principle by
the fact that all human beings, male or female, are born naked & helpless

SOURCES OF HUMAN RIGHTS

International Bill of Human Rights:
1. Universal declaration of human Rights (UDHR)
2. International covenant on Civil and Political Rights ( ICCPR)
3. International Covenant on Economic, Social and Cultural Rights( ICESCR)

Subsequent International HR Documents:

1. International Covenant on the elimination of all forms of Racial Discrimination
(ICERD)
2. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
3. Convention of the Rights of the Child (CRC)
4. Convention Against Torture and Other Cruel, Inhuman or degrading
Treatment of punishment (CAT)

Relevant HR Provision of the 1987 Constitution:

1. Bill of Rights – Art. III, Section 1-22
2. Declaration of Principles and State Policies – Art. II, Sections 1-5, and 7, 9, 23.
3. Social justice and Human Rights –Art. XIII. Sections 17-18

According to Aspects of Life

1. Civil Rights –Right to Name, Right to a Nationality, Right to marry and to
found a family, Rights to Liberty & Security of person.
2. Political Rights –Right to vote, Right to initiative and referendum, right to
information on matters of public concern.
3. Economic and Social rights –Right to work, Right to Social Security, Right to
Education.
According to Struggle & Recognition
1. First Generation Rights –Civil & political rights
2. Second Generation Rights - Economic, Social and Cultural rights
3. Third generation Rights – Right to Development

Three Conditions to Justify the Suspension/ limitation of Human Rights

It is provided for by law which is made known to every citizen. There is a state of
emergency which necessitates the urgent preservation of the public goods, public
safety and public morals and it does not exceed what is strictly necessary to
achieve its purpose.
 Universal Declaration of Human Rights

The Universal
Declaration of Human Rights (UDHR) is a milestone document in the history of
human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948 by General
Assembly resolution 217 A (III) as a common standard of achievements for all
peoples and all nations. It sets out, for the first time, fundamental human rights to
be universally protected. Since its adoption in 1948, the UDHR has been translated
into more than 500 languages - the most translated document in the world - and
has inspired the constitutions of many newly independent States and many new
democracies. The UDHR, together with the International Covenant on Civil and
Political Rights and its two Optional Protocols (on the complaints procedure and on
the death penalty) and the International Covenant on Economic, Social and Cultural
Rights and its Optional Protocol, form the so-called International Bill of Human
Rights.

Economic, social and cultural rights

The International Covenant on Economic, Social and Cultural Rights entered into
force in 1976. The human rights that the Covenant seeks to promote and protect
include:

 the right to work in just and favourable conditions;

 the right to social protection, to an adequate standard of living and to the highest
attainable standards of physical and mental well-being;
 the right to education and the enjoyment of benefits of cultural freedom
and scientific progress.

Civil and political rights

The International Covenant on Civil and Political Rights and its First Optional
Protocol entered into force in 1976. The Second Optional Protocol was adopted in
1989.

The Covenant deals with such rights as freedom of movement; equality before the
law; the right to a fair trial and presumption of innocence; freedom of thought,
conscience and religion; freedom of opinion and expression; peaceful assembly;
freedom of association; participation in public affairs and elections; and protection
of minority rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading
treatment or punishment; slavery and forced labour; arbitrary arrest or detention;
arbitrary interference with privacy; war propaganda; discrimination; and advocacy
of racial or religious hatred.

Human Rights Conventions

A series of international human rights treaties and other instruments adopted since
1945 have expanded the body of international human rights law. They include
the Convention on the Prevention and Punishment of the Crime of Genocide (1948),
the International Convention on the Elimination of All Forms of Racial
Discrimination (1965), the Convention on the Elimination of All Forms of
Discrimination against Women (1979), the Convention on the Rights of the
Child (1989) and the Convention on the Rights of Persons with Disabilities (2006),
among others.

Human Rights Council

The Human Rights Council, established on 15 March 2006 by the General Assembly
and reporting directly to it, replaced the 60-year-old UN Commission on Human
Rights as the key UN intergovernmental body responsible for human rights. The
Council is made up of 47 State representatives and is tasked with strengthening the
promotion and protection of human rights around the globe by addressing
situations of human rights violations and making recommendations on them,
including responding to human rights emergencies.

The most innovative feature of the Human Rights Council is the Universal
Periodic Review. This unique mechanism involves a review of the human rights
records of all 192 UN member states once every four years. The Review is a
cooperative, state-driven process, under the auspices of the Council, which provides
the opportunity for each state to present measures taken and challenges to be met
to improve the human rights situation in their country and to meet their
international obligations. The Review is designed to ensure universality and equality
of treatment for every country.

Assessment Task
1. What is human rights? Explain.
2. What are the state obligations to human rights?
3. What are the sources of human rights?
4. What are the relevant Human Rights Provisions of the 1987 Constitutions?
5. What are the basic principle of Human Rights?
6. What are the three conditions to justify the suspension/limitation of human
rights?
7. What are the classifications of human rights?
8. What are the classifications of human rights according to aspect of life?
9. What are the classifications of human rights according to degorability?

References;
 Dela Cruz JR. J.M.,Florendo A.D 2017.Understanding Human Rights &
International Humanitarian Law. Quezon City. Wiseman’s Books Trading, Inc.
 Tuzon-Caday M.R. 2016. The Philippine Government and Constitution.
Intramuros Manila. Mindshapers Co., Inc
 Wilmer F 2015 Human Rights in International politics. Boulder London. Lynne
Riener Publishers
 http://chr.gov.ph/
 https://www.equalityhumanrights.com/en/human-rights/what-are-human-
rights
 https://www.un.org/en/sections/issues-depth/human-rights/