CHAPTER 1

Human Rights – rights which are inherent in our nature,

and without which, cannot live as human

beings.

Dignity of Man – derived right of every person to free

development of his personality.

Characteristics of HR:

1. Inherent – not granted by any person. (right to

life and right to dignity as a human being)

2. Fundamental – life without it would be

meaningless. (freedom of thought and religion)

3. Inalienable – cannot be rightfully taken away as

an individual.

4. Imprescribable – cannot be lost thru passage of

time. (freedom of thought)

5. Indivisible – incapable of division and cannot be

denied though availed.

6. Universal – irrespective of their origin, status or

condition or place where they live.

7. Interdependent – fulfillment cannot be

materialized without the realization of another.

Classification of Rights:

1. Source:

a. Natural – God-given rights which are

acknowledged by everyone as morally

good. Unwritten but prevail as norms.

b. Constitutional – rights conferred and

protected by the Constitution which

cannot be taken away by the law

making body.

c. Statutory – rights provided by the law

and promulgated by the law making

body which can also be abolished by the

same.

2. Recipient:

a. Individual – rights of individuals.

b. Collective – rights of the society which

cannot be enjoyed without the company

of others.

3. Aspect of Life:

a. Civil – rights enforced at the instance of

private individuals for the purpose of

securing them the enjoyment and

happiness.

b. Political – rights to participate in running

the affairs of the government.

c. Economic and Social – rights conferred

by law which enables them to achieve

social and economic development which

ensures their well-being, happiness and

financial security.

d. Cultural – rights t ensure preservation of

national culture.

4. Struggle for Recognition:

a. First generation – derives from 17th to

18th century of English, American and

French revolutions which favors

abstention rather than intervention of the

government.

b. Second generation – covers social,

economic and cultural rights which

originated from the socialist tradition and

conceives HR in positive terms.

c. Third generation – covers collective

rights.

5. Derogability

a. Absolute or non-derogable – cannot be:

i. Suspended

ii. Taken away

iii. Restricted/limited

Even in:

National emergency

Government invokes national

security

b. Derogable or can-be-limited – may be

suspended, limited or restricted

depending on the circumstances which

call for the preservation of social life.

REQUISITES FOR RESTRCITIONS TO

BE VALID:

1. Provided by law which is made

known to citizens

2. There is a state of emergency which

urgent preservation of public good is

needed.

3. Does not exceed what is strictly

necessary to achieve the purpose.

Categories of HR:

1. Fundamental Freedom in Political Rights

2. Democratic Rights

3. Mobility Rights

4. Right to Life, Liberty and Security of the Person

5. Legal Rights

6. Rights of Equality

7. Economic, Social and Cultural Rights

8. Worker’s Rights

9. Aboriginal Rights

10. Reproductive Rights

11. Protective Rights in Armed Conflicts

12. Right to Self-determination

13. Minority Group Rights

CHAPTER 2

Sources of HR:

1. Religious or Theological Approach

- Since rights come from Divine source, they

are inalienable and cannot be denied by

mortal beings.

- Theology is the basis of HR.

- Dignity of human person is realized through

love of fellowmen.

2. Natural Law Theory

- Originated from the Stoic and elaborated by

Greek philosophers.

- Perceives that the conduct of men must

always conform to the law of nature.

- Must be in accordance with nature which is

eternal.

- Natural Law – embodies those elementary

principles of justice which there is right and

just.

- Scholastic Natural Law – right reason in

accordance with the law of God.

- Whatever is disturbing to social harmony is

wrong and unjust.

- Characteristic: leaves vague what is part of

the law of nations and is therefore

inalienable.

3. Historical Theory

- HR developed through the common

consciousness of men.

- HR existed through a gradual, spontaneous

and evolutionary process without any

arbitrary will of any authority.

4. Positivists Theory

- All rights and authority comes from the state

and what the officials have promulgated.

- HR is found only by enactment of a law with

sanctions attached.

5. Theory of Marxism

- Interest of the society over an individual

man’s interest.

- Individual freedom is recognized only after

the interest of society is served.

6. Sociological Approach

- HR existed as means of social control.

- HR existed to serve the social interest of the

society.

7. Utilitarian Theory

- Promotion of greatest good for greatest

number.

- Requires the government to maximize the

total net sum of ctizens.

8. Theories of Justice

- Serves the ends of justice.

- Liberalities of individual can be achieved

only in a just society.

- There is no justice in a community where

there are social and economic inequalities.

- One of fairness are to be equally distributed

for the common good.

9. Theory based on Equality and Respect of

Human Dignity

- Recognition of individual rights in the

enjoyment of the basic freedoms.

- Treatment of the government equally to all,

thus government intervention is necessary

for general welfare.

10. Theory Based on Dignity of Man

- Value Oriented Approach – HR means

sharing of values of all identified policies

upon which HR depend on.

- Ultimate Goal – World community where

there is democratic sharing and distribution

of values.

Human Rights as an International Concern

Universal Declaration of Human Rights – basic norms

and standards of the HR were proclaimed.

International Convention on Civil and Political Rights –

amplified the HR principles in Universal

Declaration.

International Covenant on Economic, Social and Cultural

Rights – further broadened the scope of the

Universal Declaration.

Civil and Political Rights – Bill of Rights

CHAPTER 3

Art. 13 UN Charter – Directs GA to initiate studies and

recommendations for the purpose of assisting in

the realization of HR and fundamental freedom.

Art. 55 (c) UN Charter – universal respect for an

observance of HR and fundamental freedoms.

Art. 56 UN Charter – clear legal obligation of all

members to pledge themselves and take joint

and separate action in cooperation of the

Organization for the advancement of Art. 55 (c).

Art. 62(2) UN Charter – Economic and Social Council

may make recommendations for the purpose of

promoting respect for observance for HR and

fundamental freedom for all. Prevent

discrimination and to protect the rights of

minorities.

Art. 76 UN Charter – Trusteeship System to encourage

and for fundamental freedom for all without

distinction as to race, sex, language or religion

and to encourage recognition of

interdependence of the people of the world.

UN Commission on HR:

- Established by the Economic and Social Council

- Deals with all aspects of HR issues involving the

participation of all sectors of the international

committee.

- Takes tasks and investigations assigned by the

GA and Economic and Social Council.

Sub-commissions of independent experts – elected and

empowered to undertake studies and to make

recommendations to prevent discrimination,

protect minority rights and fundamental

freedoms.

NOTE:

- Declaration serves as norms to serve standards

of achievement of whole nations.

- UDHR did not direct its members to enforce

them.

- No sanctions or enforcement.

International Bill of Rights – composed of:

1. Universal Declaration of HR

2. International Covenant on Civil and Political

Rights

3. International Covenant on Economic, Social and

Cultural Rights

Committee on Economic, Social and Cultural Rights –

established by Economic and Social Council to

review State parties in implementing ECOSOC.

HR Committee – implement the Covenant on Civil and

Political rights.

Hindrance in the Implementation of HR Instruments:

- Art. 2, par. 7 of the UN Charter:

Nothing contained therein shall authorize the UN

to intervene in matters within the domestic

jurisdiction of any state or shall require members

to submit such matters to settlement under the

present Charter; but this principle shall not

prejudice the application of enforcement

measures under Chapter VII.

CHAPTER 4

Sources of HR laws:

1. International Conventions

2. International Custom

3. General Principles recognized by the

Community of Nations

4. Judicial Decisions and the teachings of the most

highly qualified publicists.

Treaty – legally binding written agreement concluded

between the States.

Protocol – supplement or subsequent agreement relative

to the existing treaty.

NOTE:

Consent of the State must be EXPRESS thru:

1. Ratification

2. Approval

3. Acceptance

Doctrine of Pacta Sunt Servanda - State is bound to

faithfully comply with the treaty after ratification.

Q: When Liability of the State Arise?

A: Only where there is BF on the part of the State, in HR

treaties, there can be liability even in absence of

BF.

Core International HR Treaties:

1. ICCPR

2. ICESCR

3. Convention Against Torture and Other Cruel,

Inhuman and Degrading Treatment or

Punishment (CATOCIDTP)

4. International Convention on the Elimination of All

Forms of Racial Discrimination (ICEAFRD)

5. Convention on Rights of the Child (CRC)

6. Convention on Elimination of All Forms of

Discrimination Against Women (CEAFDAW)

7. International Convention on the Protection of

Rights of All Migrant Workers and Members of

their Families (ICPRAMWMF)

8. International Convention for Protection of All

Persons for Enforced Disappearances

(ICPAPED)

9. International Convention on the Protection and

Promotion of the Rights and Dignity of Persons

with Disabilities (ICPPRDP)

Requisites to be a Customary Law:

1. The objective element amounts to settled

practice of the State

2. The subjective element consist a belief that this

practice is rendered obligatory by the existence

of a rule of law requiring it.

Jus Cogens – principle of non-use of force, thus if UN

Charter and treaty are not applicable, ICJ may

still rule on the case.

ELEMENTS:

1. Peremptory norm of general international law

2. Accepted and recognized by the international

community

3. No derogation

4. Can be modified only by a subsequent norm of

general international law having the same

character.

Obligatio Erga Omnes – obligations that are owed by

States to all, regardless of the presence or

absence of their assent to be bound thereby.

- If the State violates a treaty with another State

and the treaty only pertains, for instance, to their

bilateral agreement regarding trade, that

infringement is a PRIVATE MATTER BETWEEN

THE CONTRACTING STATES.

- HR laws are involved, all states hall have a legal

interest in their protection, for they are

obligations owed by the State to community of

States.

Universal Jurisdiction – State may prosecute a crime

elsewhere when the crime involved is a jus

cogens.

Actio Popularis – prosecution of jus cogens crime may

be initiated by another for the benefit of another

through this complaint. Rule of procedure in

bringing a suit on another’s behalf.

International and regional tribunals:

1. International Courts of Justice – Only member

states may file complaints. Composed of 15

judges for terms of 9 years elected by GA and

SC.

Exercises jurisdiction in two cases:

a. Contentious cases

b. Advisory proceedings

Barcelona Traction Case Doctrines:

a. State can bring the case for the benefit of a

corporation.

b. Made an obiter dictum recognizing and

expanding the meaning of erga omnes

obligations.

2. International Criminal Courts (ICC) –

independent permanent international criminal

court.

Cases may be tried:

a. Crimes against humanity (terrorism)

b. War crimes

c. Genocide

d. Crimes of aggression

3. Ad hoc tribunals

4. Regional Courts:

a. European Courts of HR

- Individuals may bring a suit

directly.

b. Inter-American Court of HR

- Individuals are granted locus

standi in judicio, however, a

Declaration of Acceptance by the

state party to American

Convention is necessary to

exercise jurisdiction.

c. African Court of H and People’s R

- Non-victims may bring the suit in

behalf of victims.

5. Hybrid or internationalized courts – courts mixed

of domestic and international, both in the judges

and staff as well as the laws applied, but they

either are integrated in the domestic judicial

system or appended to it.

UN CHARTER

Chapter 1 – Purpose:

1. Maintain international peace and security

(Peace)

2. Develop friendly relations (HR)

3. International cooperation in solving problems

(Diplomacy)

4. Center for harmonization in actions of nations

Chapter 2 – Members

Chapter 3 – Organs:

1. GA

2. SC

3. Trusteeship

4. ICJ

5. Secretariat

6. FCOSOF

Chapter 6 – How UN settles disputes?

Seek solution by:

a. Negotiation

b. Inquiry

c. Mediation

d. Arbitration

e. Others

Chapter 9-10 – Economic Social Function

Chapter 12 – Trusteeship

Chapter 14 – ICJ

CHAPTER 5

UDHR:

1. Resolves

2. Not a law passed by UN

3. Not legally binding but is practiced and

recognized by countries.

Jus Cogens – State cannot validly enter a treaty to the

controversy. It cannot be changed or disobeyed.

Equality and Equity

1. Every human is entitled regardless of his sex,

race, and religion.

2. ELEMENTS OF EQUAL PROTECTION LAW:

a. Based on Substantial distinction

b. Germane to the purpose of the law

c. Not limited to existing conditions

d. Apply equally to each members of the

sense class.

3. Rights should be subject to valid rights.

Right to Life

1. Secure from any physical harm (self-

preservation)

2. Does not include right to die.

3. Trafficking – modern day slavery (exploitation)

4. Palerno Protocol – protocol to prevent, suppress

and punish trafficking in persons specially w&c

EXCLUSIONARY RULE:

a. When the confession is obtained legally thru

torture (excluded as evidence)

b. Doctrine of Poisonous Tree – evidence

obtained illegally is not admissible to courts.

Right Against Torture

Torture – any act by which severe pain or

suffering, physical or mental, is

intentionally inflicted on a person.

Acts Constituting Cruel, Inhuman – degrading

acts

NOTE:

Non-derogable – state cannot take such right even at

state of war or emergency

Right to Effective Judicial Remedy

1. Must be just, accessible, free from corruption

and influence and speedy but with quality.

2. 3 Most Dangerous Enemies of Fairness

a. Corruption

b. Ignorance

c. Arrogance

Access to Justice

1. Availability of legal assistance to the poor (pro

bono)

2. PAO and Department of Justice Action Center

3. Availability of information on where and how to

get legal assistance

Judicial Writs

1. Writ of Habeas Corpus – judge to another

detaining a person, commanding to produce the

body of the prisoner at designated time and

place.

2. Writ of Amparo – extralegal killings and enforced

disappearances. Remedy whose rights to life,

liberty and security is violated or threatened with

violation by an unlawful act or omission.

3. Writ of Habeas Data – rights to privacy in life,

liberty or security is violated or threatened.

Right to be Presumed Innocent

Rights:

1. Informed

2. Prepare defense and to communicate with

counsel of his own choosing

3. Tried without delay

4. Tried in his presence and defend himself

5. Examine and obtain witness

6. Free assistance of an interpreter

7. Not be compelled to be a witness against

himself

Right Against Ex Post Facto Law and Bill of Attainder

1. No crime, no punishment without previous penal

law)

Treatment of the Law:

a. Holds the person liable for an act or

omission that was not punished at the

time of commission.

b. Impose a penalty heavier than the one

that was applicable at the time of

commission.

Right to Privacy

1. Evidence obtained in violation of this shall

render the evidence inadmissible

Freedom of Movement

1. Exceptions:

a. Freedoms curtailed or restricted upon

lawful order of the court

b. In interest of national security, public

safety or health.

Right to Seek Asylum

1. Non-refoulement – political offenders and

refugees

2. Extradition – criminal offenses

3. Deportation – immigration offenses

Right to Nationality

1. Acquisition and Change of Nationality

a. Jus Sanguinis (by blood)

b. Jus Soli (by place of birth)

c. Naturalization

Right to Marry and Found a Family

Right to Property

Freedom of Thought, Conscience and Religion

Freedom to Practice or Manifest Religious Beliefs

Freedom of Expression

Freedom of Assembly and Association

Right to take Part in the Government

Right to Social Security

Coverage of the SSM:

a. Health care

b. Sickness

c. Old age

d. Unemployment

e. Employment injury

f. Family and child support

g. Maternity

h. Disability

i. Orphans and survivors

Right to Rest and Leisure

Right to Adequate Standard of Living

Right to Education

Right to Enjoy Economic, Social and Cultural Life

Right to Self-determination

Right to Health