Human Rights Concepts,Principles & Framework

7/27/2019 Human Rights Concepts,Principles & Framework

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Concepts ,Principlesand Framework of

Human RightsPresented by:

Nelia B. Almonte

Commission on Human RightsRegion V, Legazpi City


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What are Human Rights?

Human Rights are generally defined as

those rights which are inherent in our

nature and without which we cannot

live as human beings. (United Nations)

Human Rights are the supreme

inherent and inalienable rights to life,

to dignity and to self development. Itis the essence of this rights that makes

man human. (CHR)


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Basic Principles of

Human Rights


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First : None of us asked to be born. And regardless of

who our parents are and what they own, all of us are

born equally naked and helpless, yet with his own hand,

his own will and talents.

All of us have equal rights to life, and share the sameinherent human dignity. Thus we all have the right to life,to dignity and develop ourselves.

- This are traditionally knows as the rights of men.


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Second: Even if wemay not know whoour parents are, weare never born

without parents, andnever outsidesociety, a societywith its own peculiar

culture, history andresources.
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So, besides our rights asperson, we have rights associety, rights which wecan exercise collectively

as a people. Thus, wehave the right to survive,to self determination andto develop as a people.

- known as the rights ofthe people.


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Third : Once a society

reaches a certain degreeof complexity, as almost all

societies have, society can

act only throughgovernment. But a

government always as

agent of the society; itnever becomes the society

it self; it never becomes

the people themselves.


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As a society grows as a nation, it enters into relationships

with other governments or states. Society enters into

treaties and agrees to abide by the International Law.

Philippine Constitution states The Philippines.adopts a

generally accepted principles of international law, as part

of the law of the land and adheres to the policy of

peace..with all nations.


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Principles and characteristics of

Human rights : inherent, fundamental,

inalienable, imprescriptible, indivisible,universal and interdependent.


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Human rights are INHERENTbecause they are not granted byany person or authority. They donot need any event for their

existence. Some examples ofthese rights are the right to lifeand the right to dignity as humanbeing.


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Human rights areFUNDAMENTAL becausewithout them the life and dignity

of man will be meaningless.Some examples of human rightsas fundamental are the right to

individual liberty and security ofa person or freedom of thoughtor religion.


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Human rights areINALIENABLE because theycannot be rightfully taken away

from a free individual. Anexample is the freedom fromtorture. No authority can validly

and legally torture an individual.They cannot be given away orbe forfeited.


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Human rights are UNIVERSAL to allhuman beings irrespective of theirorigin, status or condition or placewhere they live. Human rights are

universal because said rights can beenforced without national border.


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Human rights are INDIVISIBLE

because they are not capable of

being divided. They cannot be

denied even when other rights

have already been enjoyed.

Examples of these are the

freedom of expression of belief oropinion. They include the right to

freedom of religion and worship.


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Human rights are

INTERDEPENDENT because thefulfillment or exercise of one rightcannot be attained without therealization of the other. The respect

of human rights necessarily includesthe realization of mans dignity. Anexample is the right to life andexistence as a person. These cannot

be realized without the right to workin order to maintain a good standardof living.


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Human rights areIMPRESCRIPTIBLE because

they cannot be lost even by a

long passage of time. Man doesnot lose his rights even if he fails

to use or assert them. Some

examples are freedom of

thought, conscience and religion.


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Human Rights Framework

Human Rights F ramework aredesignated to be legally, poli tically

and moral ly binding set of pr inciples

for governments.


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Human Rights Framework

International Framework

Treaties, Covenants,

Statutes, Protocols andConventions legally

binding

Declarations and

Principles

politicalstatements

Domestic Framework

1987 Phil. Constitution

Codes Rules /Jurisprudence

Special Laws

Issuances


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International HR Framework

A. UN Charter (June 26, 1945, USA)Significant HR provisions:

- All creatures belonging to the humanrace have equal and inalienable rights

- members pledge themselves to take jointand separate action in cooperation withother organization


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UN Charter...

- Members thereby commit to promote

universal respect for and observanceof human rights and fundamentalfreedoms for all without distinction asto race, sex, language, or religion


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a. Consequences of the HR provisions

in the UN Charter:

Human Rights are matters of international

concerns

Members agreed to cooperate in the

promotion of human rights

Created organizations designed to ensure

compliance


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b. Measures undertaken to ensure the

realization of objectives in the UNCharter:

Promulgated and adopted various internationalHR instruments, foremost of which are: the UDHRand the International Bill of HR;

Established institutions, agencies, committeeswith enforcement mechanisms;

Created specialized agencies with programs forthe protection and promotion of Human Rights


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International HR Framework

B. International Bill of Human Rights

Universal Declaration of HR (UDHR)

(Dec. 10, 1048) International Covenant on Civil and

Political Rights (ICCPR)

International Covenant on Economic,

Social and Cultural Rights (ICESCR)

The Protocols to the ICCPR


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Universal Declaration of Human Rights (UDHR)

First comprehensive Human Rights instrument tobe proclaimed by a universal international

organization

The purpose of the Declaration is to provide a

common understanding of human rights and

fundamental freedoms covered by the UN

Charter and to serve as the common standardof achievement for all peoples and all nations

(Preamble)


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Fundamental Principle of UDHR

All human beings are born free and equal in dignity

and rights. They are endowed with reason and

conscience and should act towards each other in

the spirit of brotherhood.


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InternationalCovenant on Civil and

Political Rights (ICCPR) Civil Rightsare those rights which the law will

enforce at the instance of private individual for

the purpose of securing to them the enjoyment of

their means of happiness.

Political Rightsare those rights which enable usto participate in running the affairs of the

government either directly or indirectly.


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InternationalCovenant on Civil and

Political Rights (ICCPR) Right to life

Freedom from torture, cruel, inhuman or

degrading treatment or punishment Freedom from slavery

Right to liberty and security of persons

Freedom of movement

Right to equality before the law Rights of the accused persons

Right against retroactive penal laws


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ICCPR Right to recognition as a person before the law

Right to privacy

Freedom of thought, conscience and religion

Freedom of opinion and expresssion

Right to international peace and security

Right to peaceful assembly

Freedom of association, family and marriage

Rights of citizens Rights of children

Rights of minorities


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Derogable and Non-Derogable Rightsunder the ICCPR

Derogable or Relative Rightsmay be suspendedor restricted or limited depending on the

circumstances which call for the preservation of

social life. Example: right to freely move may be

limited through the imposition of curfews.

EXAMPLE

- right to freely move maybe limited through the

imposition of curfews

- the right to freedom of expression, freedom ofassembly and freedom of association


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THREE (3) CONDITIONS BEFORE A RIGHT CAN BE

LIMITED/CURTAILED

1. It is only publicly announced or legislated, it is not by

official whim only/ or provided by law;

2. There is a state of emergency which requires theurgent preservation of the public moral, public safety and

public good;

3. There must be time limit. It must not exceed what is

strictly


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Classifications of HR

Non-Derogable or Absolute Rightsare those that cannot be suspended

nor taken away nor restricted/limitedeven in extreme emergency andeven if the government invokes

national security.


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There are only seven (7) non derogable rights orABSOLUTE RIGHTS under the International Covenant

on Civil and Political Rights:

1. Right to life

2. Freedom from tor ture or cruel , inhuman

or degrading treatment or pun ishm ent

3. Freedom from slavery and slave trade,servitude or forced or compulsory labor

4. Freedom from imprisonment on theground of inability to fulfill a contractualobligation


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Non-Derogable Rights:

5. Right against ex post factolaw

6. Right to recognition everywhere as a personbefore the law

7. Freedom of thought, conscience and

religion


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International Covenant on Economic,Social and Cultural Rights (ICESCR)Economic and Social Rightsare those which the law

confers upon the people to enable them to achieve

social and economic development, thereby ensuring

them their well being, happiness and financial

security.Cultural Rightsare those that ensure the well-being of the

individual and foster the preservation, enrichment, and

dynamic evolution of national culture based on the

principle of unity in diversity in a climate of free artisticand intellectual expression.


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International Convention on

Economic, Social and Cultural Rights Right to work

Right to enjoy just and favorable condition ofwork

Right to trade unions Right to social security

Marriage and family rights

Right to adequate standard of living

Right to health

Right to education

Right to culture, arts and science


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Optional Protocol to the ICCPR

Aside from the inter-state complaints, individualcomplaints may now be filed with the UNHuman Rights Committee against any memberof the UN which signed and ratified , or

acceded to.

An ordinary citizen may now institute acomplaint of HRV by the Philippine government

before said Committee should prior exhaustionof internal remedies failed.


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Second Optional Protocol to the

ICCPR State parties are of the belief that the abolition

of the death penalty contributes to theenhancement of human dignity and progressivedevelopment of human rights

That all measures of abolition should beconsidered as progress in the enjoyment of theright to life

Pursuant thereto, no person within thejurisdiction of a State party be executed


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C. Other CORE HR Instruments Convention on the Elimination of All Forms of

Discrimination Against Women (CEDAW )

Convention on the Rights of the Child (CRC)(1989)

Convention Against Torture and Other Cruel,Inhuman or Degrading Treatment


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Convention on the Elimination of All

Forms of Racial Discrimination (ICERD)

Convention the Protection of the Rights of

Persons with Disabilities (CRPD) (2009)

Convention on the Protection of the Rights

of Migrant Workers and their Families(MWC) (2004)


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D. Other UN Conventions and Key HR

Instruments Declaration on the Protection of All Persons

from Enforced Disappearance (DPPED)

Convention for the Protection of All Personsfrom Enforced Disappearance

Body of Principles for the Protection of All

Persons under Any Form of Detention orImprisonment


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Standard Minimum Rules for the Treatment ofPrisoners (SMR)

International Humanitarian Law

Code of Conduct for Law EnforcementOfficials (COCLEO)

Declaration on the Elimination of All Forms of

Intolerance and Discrimination Based onReligion or Belief (Religious Declaration)


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Discrimination (Employment and Occupation)Convention (No.111) Concerning

Discrimination in Respect of Employment and

Occupation (ILOIII)


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Intl HRInstruments

HUMAN RIGHTS TREATIES

ICERD

ICCPR

ICESCR

CEDAW

CAT

MWC

CRC

CRPD OTHER HR TREATIES

UNITED

NATIONS

STANDARDS

(Declarations)

When a State ratifies

a Convention, it has

the Obligation to:

1. RESPECT

2. PROTECT

3. FULFILL the rightsenshrined therein.


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DOMESTIC HR FRAMEWORK

1987 Philippine Constitution1. Bill of Rights Article III

2. Declaration of Principles and State Policies Article II

3. Social Justice and Human Rights Article XIII

The Revised Penal Code

The Revised Rules of Criminal Procedures

Family Code of the Philippines Child and Youth Welfare Code


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DOMESTIC HR FRAMEWORK

Labor Code

New Civil Code

Civil Service Law

Family Code of the Philippines

Special Laws and Issuances

RA 7438 (Custodial Investigation) RA 7279 (The Urban Development Housing

Act)


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The Comprehensive Agrarian Reform Law(RA 6657, RA 8532 and RA 7905)

Migrant Workers and Overseas Filipinos Act (RA 842)

(RA 6657, RA 8532 and RA 7905)

RA 8353 (Anti-Rape Act)

RA 7877 (Anti-Sexual Harassment Act)

RA 7610 (Special Protection of Children

Against Abuse, Exploitation and Discrimination Act)

RA 8371 (Indigenous Peoples Rights Act )

RA 9262 (Anti-Violence Against Women and their

Children Act)


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RA 9208 (Anti-Trafficking in Persons Act)

RA 9344 (Juvenile Justice Welfare Act) RA 7277 (Magna Carta for Disabled Person)

Anti-Torture Act

RA 9851

Writ of Amparo

Writ of Habeas Data

Other Special Laws and Issuances


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Common Human Rights ViolationsNature of HRV International Domestic

Right to Life ArbitraryDeprivation

of Life underUDHR,ICCPR, CRC

Murder,Homicide,

Parricide,PhysicalInjuries, etc.Under RPC,

RA 7610,9208,9262,8049,etc


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Common Human Rights Violations

Nature of HRV International Domestic

Right to

Liberty andSecurity

Arbitrary

Detention,Unlawful/Illegal Arrest,Traffickingunder UDHR,ICCPR, CRC,CEDAW, ILOConvetion

Arbitrary

Detention,Kidnapping,

Delay in the

Delivery..Expl

oitation of

Minors underRPC,RRC

RA 7610,

9208, 9262,

etc


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Right to

Freedomfrom Torture

Torture,

Maltreat-ment ofPrisonersunder UDHR,ICCPR,

CAT,CRC,SMRtp

Maltreatment

of Prisoners,

Physical

Injuries under

RRC , Anti-

Torture Act


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Right of theAccused

Violation of theRight to beinformed, Right

to remainsilent, Rightnot to becompelled totestify against

oneself or toconfess onesguilt underUDHR, ICCPR,CAT,CRC,

SMRTP

RA 7438,

Revised Rules

of Court, RA

9344, NCC


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Right to

protectionof honorandreputation

Attack uponones honor

and reputationunder UDHR,ICCPR, CEDAWand CRC

Libel,

Slander,

Abduction,

Seduction

under RPC,

RA 7877,

7610, 9262


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Common Human Rights ViolationsNature of HRV International Domestic

Right not tobe deprived

of propertyarbitrarily

ArbitraryDeprivation

of Propertyunder UDHR,ICCPR,

Theft,

Swindling,

Arson,Malicious

Mischief

under RPC,

PD 1612, PD

533, RA 6539,NCC


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No cause is more worthy

than the cause of humanrights. Human rights are more

than legal concepts, they are

the essence of man/woman.

They are what makesman/woman human. That is

why they are called human

rights: Deny them and your

denies mans or womanshumanity.

Sen. Jose W. Diokno


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END OF PRESENTATION

Thank You and Have a Nice Day!

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