HUMAN
RIGHTS
Prepared by:
MR. ANTONIO T. DELGADO
Faculty member,
General De Jesus College

THENATURE
OFHUMAN
RIGHTS
HISTORY
OFHUMAN
RIGHTS
GENERATIONS
OFHUMAN
RIGHTS
International
humanrights
LAW
01 040302

Thenatureofhumanrights
01

HUMANRIGHTS
Universal legal
guarantees protecting
individuals and groups
against actions which
interfere with
fundamental freedoms
and human dignity
(Coquia, 2000)

HUMANRIGHTS
Rights inherent to all
human beings,
regardless of race, sex,
nationality, ethnicity,
language, religion, or
any other status
(United Nations).

— RODRIGO DUTERTE
“In the first place, I’d
like to be frank with
you: Are they humans?
What is your definition
of a human being?”

HUMANRIGHTS
Rights which
necessarily spring
from being a
member of the
human species
(Petralba, 2013)

CHARACTERISTICSOFHUMANRIGHTS
INHERENT
Not granted by
any person or
authority
INALIENABLE
Cannot be
rightfully taken
away
FUNDAMENTAL
Without them
the life and
dignity will be
meaningless
UNIVERSAL
No borders,
applies to all.

CHARACTERISTICSOFHUMANRIGHTS
Imprescriptible
Cannot be lost
even by a long
passage of time
Indivisible
Not capable of
being divided
Interdependent
Fulfillment of
one cannot be
had without the
realization of the
others

HISTORYOFHUMANRIGHTS
02

ORIGINOFHUMANRIGHTS
In the past, most
government systems
were despotic in
nature. Men revolted
against the concept
of the "Divine Right of
Kings."

1. Magna Carta of 1215
2. Bill of Rights of 1689
3. Bill of Rights 1776
4. Declaration of the
Rights of Man 1789
HISTORICALDOCUMENTS
thatcontainedconcepts
ofhumanrights:

1. Colonial Spanish
regime
HistoricaleventsTHAT
promptedFilipinos
toprotecthumanrights

1. Colonial Spanish
regime
2. Military Rule of Japan
from 1942-1944
HistoricaleventsTHAT
promptedFilipinos
toprotecthumanrights

1. Colonial Spanish
regime
2. Military Rule of Japan
from 1942-1944
3. Martial Law of
President Marcos
HistoricaleventsTHAT
promptedFilipinos
toprotecthumanrights

GENERATIONSOFHUMANRIGHTS
03

GENERATIONSOFHUMANRIGHTS
FIRST
GENERATION
a.k.a. negative
rights; refers
mostly to political
and civil rights
SECOND
GENERATION
a.k.a. positive
rights; refers
mostly to
economic, social,
and cultural rights
THIRD
GENERATION
a.k.a. collective or
solidary rights
FOURTH
GENERATION
a.k.a. digital rights

INTERNATIONALHUMANRIGHTSLAW
04

BILLOFRIGHTS
A declaration and
enumeration of a
person’s rights and
privileges which the
Constitution is
designed to protect
(De Leon, 2005).

BILLOFRIGHTS
It is a charter of
liberties for the
individual and a
limitation upon the
power of the State
(De Leon, 2005).

BILLOFRIGHTS
Here in the
Philippines, Article III
of the 1987
Constitution
incorporates the
basic rights of an
individual.

1. Universal Declaration of
Human Rights (UDHR)
2. International Covenant on Civil
and Political Rights (ICCPR)
3. The International Covenant on
Economic, Social and Cultural
Rights (ICESC)
instrumentscomprising
theInternationalBillofRights

UniversalDeclarationofHumanRights(UDHR)
● The basic international statement of the
inalienable rights of human beings.
● It is the first comprehensive international human
rights instrument. It covers civil and political rights,
and economic, social and cultural rights.
● There are 27 rights guaranteed under the UDHR
(refer to your handout).

UniversalDeclarationofHumanRights(UDHR)
● Rights covered by UDHR are customary
international law, hence, even during the times
when the bill of rights under the Constitution are
inoperative, rights under UDHR remained in effect.
● Example: The interregnum from February 26, 1986
(the day Corazon C. Aquino took her oath as
President) to March 24, 1986 (immediately before
the adoption of the Freedom Constitution)

InternationalCovenant
onCivilANDPoliticalRights(ICCPR)
• It is an international covenant and is binding on the
respective state parties. It commits its parties to
respect the civil and political rights of individuals.
It includes the 1st generation of human rights.
• There are 23 rights guaranteed under the ICCPR
(refer to your handout).

InternationalCovenant
onCivilANDPoliticalRights(ICCPR)
• In times of public emergency which threatens the
life of the nation and the existence of which is
officially proclaimed, parties may take measures
to derogate from their obligations to the extent
strictly required by the exigencies of the situation.

HOWEVER,TheFOLLOWINGARENON-DEROGABLE:
1. Right to life
2. Freedom from torture
or cruel, inhuman or degrading punishment
3. Freedom from slavery
4. Freedom from imprisonment
for failure to fulfill a contractual obligation
5. Freedom from ex post facto laws
6. Right to recognition as a person before the law
7. Freedom of thought, conscience and religion

twooptionalprotocolstotheICCPR
• First Optional Protocol: Allows victims claiming
to be victims of human rights violations to be
heard.
• Second Optional Protocol: Aims to abolish the
death penalty. The Philippines is a signatory to
the Second Optional Protocol.

COREINTERNATIONALHUMANRIGHTSTREATIES
● Treaties are legally binding written agreements
concluded between States; officially known as
conventions or covenants.
● Under the doctrine of pacta sunct servanda,
once treaty is ratified, the State is bound to
faithfully comply with its treaty obligations
● There are 10 core international human rights
treaties.

COREINTERNATIONALHUMANRIGHTSTREATIES
1. International Covenant on Civil and Political Rights
(ICCPR)
2. International Covenant on Economic, Social and Cultural
Rights (ICESCR)
3. Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT)
4. International Convention on the Elimination of All Forms
of Racial Discrimination (ICERD)
5. Convention on the Rights of the Child (CRC)

COREINTERNATIONALHUMANRIGHTSTREATIES
6. Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW)
7. International Convention on the Protection of the Rights
of All Migrant Workers and Members
of Their Families (ICMW)
8. International Convention for the Protection of All Persons
from Enforced Disappearance (CPED)
9. Convention on the Rights of Persons with Disabilities (CRPD)
10. Convention Relating to the Status of Refugees (CRSR)

—JohnF.Kennedy
“The rights of every man
are diminished when the
rights of one man are
threatened.”

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● Bernas, Joaquin. (2009). The 1987 Constitution of the Philippines: A
Commentary. Quezon City: Rex Printing Company.
● De Leon, Hector. (2005). Textbook on the Philippine Constitution.
Quezon City: Rex Printing Company.
● Coquia, Jorge Rioflorido. (2000). Human rights : An Introductory
Course. Quezon City, Philippines : Central Professional Books
● Petralba, Pepita Jane. (2013). Hornbook on International and
Philippine Human Right Laws. Manila : Rex Book Store
● Republic vs. Sandiganbayan, 407 SCRA 10, G.R. No. 104768 July 21,
2003
REFERENCES