HUMAN RIGHTS LE 105 – CARPENTERO
Human rights protect all people regardless of race, nationality, gender,
1. Short History Human Rights Origin PH
MANILA, Philippines – The concept may be problematic in the Philippines but
human rights are a vital component of most modern democracies.
Human rights allow a person to live with dignity and in peace, away from the abuses
that can be inflicted by abusive institutions or individuals. But the fact remains that
there are rampant human rights violations around the world.
To further promote the importance of human rights in the Philippines, December 4 to
10 of each year is marked as National Human Rights Consciousness Week
via Republic Act No. 9201.
December 10 is also considered as the United Nations Human Rights Day. It
commemorates the day the UN General Assembly adopted the Universal
Declaration of Human Rights in 1948.
But do we really know our human rights? Rappler answers some key questions:
1. What are human rights?
Human rights, according to the Stanford Encyclopedia of Philosophy, refers to norms
that aim to protect people from political, legal, and social abuses.
The United Nations (UN) defines human rights as universal and inalienable,
interdependent and indivisible, and equal and non-discriminatory.
 Universal and inalienable:
Human rights belong to all and cannot be taken away unless specific
situations call for it. However, the deprivation of a person's right is
subject to due process.
 Interdependent and indivisible:
Whatever happens to even one right – fulfillment or violation – can
directly affect the others.
 Equal and non-discriminatory:
religion, and political leaning, among others. They should be respected
without prejudice.
Human rights can also be classified under individual, collective, civil, political,
economic and social, and cultural.
2. What laws or legal documents ensure the human rights of Filipino
citizens?
The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution.
Also called the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s
rights and privileges that the Constitution has to protect, no matter what.
Aside from various local laws, human rights in the Philippines are also guided by the
UN's International Bill of Human Rights – a consolidation of 3 legal documents
including the Universal Declaration of Human Rights (UDHR), the International
Covenant on Civil and Political Rights (ICCPR), and the International Covenant on
Economic, Social, and Cultural Rights (ICESCR).
As one of the signatories of these legal documents, the Philippines is obliged to
recognize and apply appropriate laws to ensure each right’s fulfillment.
This is not always the case, however, as the Philippine Constitution lacks explicit
laws to further cement specific human rights in the local context.
For example, the Right to Adequate Food may be included in the UNDR but it is not
explicitly indicated in the Philippine Constitution. Thus the government cannot be
held responsible if this is not attained. (READ: Zero Hunger: Holding gov’t
accountable)
3. Who oversees the fulfillment and protection of human rights in the
Philippines?
Human rights are both rights and obligations, according to the UN. The state – or the
government – is obliged to “respect, protect, and fulfill” these rights.
Respect begets commitment from state that no law should be made to interfere or
curtail the fulfillment of the stated human rights. Protecting means that human rights
violations should be prevented and if they exist, immediate action should be made.
In the Philippines, the Commission on Human Rights (CHR) primarily handles the
investigations of human rights violations. However, it has no power to resolve issues
as stated in the Supreme Court decision in 1991.
Established in 1986 during the administration of President Corazon Aquino, CHR is
an independent body which ensures the protection of human rights guaranteed by
the Bill of Rights.
Aside from investigations, it also provides assistance and legal measures for the
protection of human rights guided by Section 18 Article XIII of the Philippine
Constitution.
4. Do criminals or those who break the law still enjoy human rights?
Criminals or those in conflict with the law are still protected by rights as indicated in
many legal documents such as the Philippines’ Criminal Code and UN’s Standard
Minimum Rules for the Treatment of Prisoners.
Specific human rights, however, may be removed, provided they go through due
process beforehand.
In 2002, the CHR issued an advisory after the debate sparked by Davao City Mayor
Rodrigo Duterte's statement during a crime summit in Manila. He said extra-judicial
or summary killings remain "the most effective way to crush kidnapping and illicit
drugs."
However, according to the CHR, summary or extra-judicial executions of criminals or
suspects are prohibited under the Philippine Constitution as these violate several
sections such as Article III Section 1, which states that “no person shall be deprived
of life, liberty or property without due process of law nor shall any person be denied
the equal protection of the laws."
It added that summary executions as a violation of human rights are more explicit in
Article II of Section 11, which provides that “the State values the dignity of every
human person and guarantees full respect for human rights."
Meanwhile, Section 19 of the Bill of Rights clearly states that any punishment
against a prisoner or detainee shall be dealt with by law and through due process. It
also says that no “cruel, degrading or inhuman punishment” may be inflicted – even
death.
5. How does the Philippines fare when it comes to human rights
violations?
In a Rappler piece, Human Rights Watch (HRW)’s Asian Division researcher Carlos
H. Conde wrote that President Benigno Aquino III had more “rhetoric than concrete
action” despite his “explicit human rights commitments” in 2010.
Human rights violations – extrajudicial killings, torture, enforced disappearances,
and human trafficking, among others – may have decreased in the past years but
cases still exist and remain unsolved, according to Human Rights Watch.
In its 2015 World Report, the international group lauded the efforts to resolve these
violations. These include the arrest of retired army general Jovito Palparan in
relation to the disappearance and torture of two University of the Philippines
students in 2006, and the peace agreement between the government and the Moro
Islamic Liberation Front, among others.
The recent issue over the killings and displacement of Lumads, however, has put the
government’s way of handling human rights issues under the spotlight. (READ: A
rare time a human rights issue captivates PH social media)
Meanwhile, nearly 75,000 people filed for recognition as victims of human rights
violations during the administration of President Ferdinand Marcos in 2014. Martial
Law is regarded as the “dark years from 1972-1986 due to a huge record
of abduction and torture, among others, under the dictatorship of Ferdinand Marcos."
(READ: A Marcos brand of amnesia) –
2. Bill of Rights Consti
ARTICLE III Bill of Rights
SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the complainant
and the witnesses he may produce, and particularly describing the place to be searched and the
persons or things to be seized.
SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the government for redress of
grievances.
SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law shall
not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired
except in the interest of national security, public safety, or public health, as may be provided by law.
SECTION 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents, and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
SECTION 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.
SECTION 9. Private property shall not be taken for public use without just compensation.
SECTION 10. No law impairing the obligation of contracts shall be passed.
SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.
SECTION 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be provided
with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause
of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is unjustifiable.
SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.
SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to be a witness against himself.
SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.
SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be
dealt with by law.
SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.
SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act
is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
SECTION 22. No ex post facto law or bill of attainder shall be enacted.
3. 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 (General Assembly resolution 217 A) 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 and it has been translated into over 500 languages.
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has been proclaimed as the highest
aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion
against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights of
men and women and have determined to promote social progress and better standards of life in
larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation with the United
Nations, the promotion of universal respect for and observance of human rights and fundamental
freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for
the full realization of this pledge,
Now, therefore, The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all
peoples and all nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote respect for these
rights and freedoms and by progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.
Article I
All human beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of
any kind, such as race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international
status of the country or territory to which a person belongs, whether it be independent, trust, non-
self-governing or under any other limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal protection against any discrimination in violation of this Declaration
and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for
his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did
not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the
time the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and residence within the borders of each
State.
2. Everyone has the right to leave any country, including his own, and to return to his country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
1. Men and women of full age, without any limitation due to race, nationality or religion, have the
right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by
society and the State.
Article 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom
to change his religion or belief, and freedom, either alone or in community with others and in public
or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization and
resources of each State, of the economic, social and cultural rights indispensable for his dignity and
the free development of his personality.
Article 23
1. Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself
and his family an existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.
Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being of himself
and of his family, including food, clothing, housing and medical care and necessary social services,
and the right to security in the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born
in or out of wedlock, shall enjoy the same social protection.
Article 26
 1. Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible HUMAN RIGHTS
to all on the basis of merit.
Section 17. (1) There is hereby created an independent office called the
2. Education shall be directed to the full development of the human personality and to the Commission on Human Rights.
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
(2) The Commission shall be composed of a Chairman and four Members who must
shall further the activities of the United Nations for the maintenance of peace.
be natural-born citizens of the Philippines and a majority of whom shall be members
of the Bar. The term of office and other qualifications and disabilities of the Members
3. Parents have a prior right to choose the kind of education that shall be given to their
of the Commission shall be provided by law.
children.

Article 27
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts
and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms set forth in
this Declaration can be fully realized.
Article 29
1. Everyone has duties to the community in which alone the free and full development of his
personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations
as are determined by law solely for the purpose of securing due recognition and respect for
the rights and freedoms of others and of meeting the just requirements of morality, public
order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person any right
to engage in any activity or to perform any act aimed at the destruction of any of the rights and
freedoms set forth herein.
4. Consti – Art 13 Sec 17 & 18
(3) Until this Commission is constituted, the existing Presidential Committee on
Human Rights shall continue to exercise its present functions and powers.
(4) The approved annual appropriations of the Commission shall be automatically
and regularly released.
Section 18. The Commission on Human Rights shall have the following powers and
functions:
(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information to
enhance respect for the primacy of human rights;
(6) Recommend to Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty

obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine
the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

Section 19. The Congress may provide for other cases of violations of human rights
that should fall within the authority of the Commission, taking into account its
recommendations.