MODULE 1

Human Rights Education

COURSE CODE: CLJ 2

COURSE DESCRIPTION: This is a three-unit (3 units) subject under
criminal law and jurisprudence course which deals with the body of laws,
rules, procedures, nd institution designed to respect, promote and proetect the
human rights at the regional, national and international level. This also
includes victim’s welfare and rights of the accused and the standard and
ethical procedures employed by the law enforcement agencies as an
implementers of laws. It is also focused on the protection of human rights and
dignity as declared under Universal Human Rights. Human Security Act and
other related laws.
PRE-REQUISITE: CLJ 1

CONCEPTUAL:

“…to the realization of human dignity, we shall uphold each and

everyone’s human right” --- S.M. Tan

“To deny people their human rights is to challenge their very

humanity”
--- Nelson Mandela

“We declare that human rights are for all of us, all the time: whoever
we are and wherever we are from; no matter our class, our opinions, our
sexual orientation” --- Ban Ki-moon

BASIC CONCEPTS:

1. Human Dignity
2. Humanity
3. Universality
4. Inalienability
5. Indivisibility
6. Interrelatedness
7. Equality
8. Non-Discrimination
9. Accountability
10.Participation

BASIC PRINCIPLES OF HUMAN RIGHTS:

Universality and Inalienability: Human rights are universal and inalienable. All people

everywhere in the world are entitled to them. The universality of human rights is encompassed
in the words of Article 1 of the Universal Declaration of Human Rights: “All human beings
are born free and equal in dignity and rights.”
Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic,
political or social issues, human rights are inherent to the dignity of every human person.
Consequently, all human rights have equal status, and cannot be positioned in a hierarchical
order. Denial of one right invariably impedes enjoyment of other rights. Thus, the right of
everyone to an adequate standard of living cannot be compromised at the expense of other
rights, such as the right to health or the right to education.
Interdependence and Interrelatedness: Human rights are interdependent and interrelated.
Each one contributes to the realization of a person’s human dignity through the satisfaction of
his or her developmental, physical, psychological and spiritual needs. The fulfilment of one
right often depends, wholly or in part, upon the fulfilment of others. For instance, fulfilment of
the right to health may depend, in certain circumstances, on fulfilment of the right to
development, to education or to information.
Equality and Non-discrimination: All individuals are equal as human beings and by virtue of
the inherent dignity of each human person. No one, therefore, should suffer discrimination on
the basis of race, colour, ethnicity, gender, age, language, sexual orientation, religion, political
or other opinion, national, social or geographical origin, disability, property, birth or other
status as established by human rights standards.
Participation and Inclusion: All people have the right to participate in and access information
relating to the decision-making processes that affect their lives and well-being. Rights-based
approaches require a high degree of participation by communities, civil society, minorities,
women, young people, indigenous peoples and other identified groups.
Accountability and Rule of Law: States and other duty-bearers are answerable for the
observance of human rights. In this regard, they have to comply with the legal norms and
standards enshrined in international human rights instruments. Where they fail to do so,
aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a
competent court or other adjudicator in accordance with the rules and procedures provided by
law. Individuals, the media, civil society and the international community play important roles
in holding governments accountable for their obligation to uphold human rights. (Source:
https://www.unfpa.org/resources/human-rights-principles)

BRIEF HISTORICAL BACKGROUND

In 539 BC, Cyrus the Great, after conquering the city of Babylon, did something
totally unexpected—he freed all slaves to return home. Moreover, he declared people
should choose their own religion. The Cyrus Cylinder, a clay tablet containing his
statements, is the first human rights declaration in history.

The idea of human rights spread quickly to India, Greece and eventually Rome. The most
important advances since then have included:
1215: The Magna Carta—gave people new rights and made the king subject to the law.
Otherwise known as the Great Charter, the Magna Carta on June 15, 1215 was under the
kingship of King John in England. It declared the Sovereign (the King) to be subjected to
the Rule of Law and documented individual rights. It became the foundation Anglo-
American jurisprudence on individual rights. (Source: Britannica.com)

1628: The Petition of Right—set out the rights of the people. The Petition of Right,
passed on 7 June 1628, is an English constitutional document setting out specific individual
protections against the state (Source: Wikipedia)

1776: The United States Declaration of Independence—proclaimed the right to life,

liberty and the pursuit of happiness. The United States Declaration of Independence is the
pronouncement adopted by the Second Continental Congress meeting in Philadelphia,
Pennsylvania, on July 4, 1776. (Id.)

1789: The Declaration of the Rights of Man and of the Citizen—a document of France,
stating that all citizens are equal under the law.

1948: The Universal Declaration of Human Rights—the first document listing the 30
rights to which everyone is entitled. (Source: youthforhumanrights.org)

THEORIES AND PHILOSOPHY ON HUMAN RIGHTS

Maurice Cranston held that human rights are matters of “paramount importance” and their
violation “a grave affront to justice” (Cranston 1967);

James Griffin says, human rights should be understood as “resistant to trade-offs, but not
too resistant” (Griffin 2008)

Henry Shue suggests that human rights concern the “lower limits on tolerable human
conduct” rather than “great aspirations and exalted ideals” (Shue 1996). 

“Political forces have mooted the principal philosophical objections, bridging the chasm
between natural and positive law by converting natural human rights into positive legal
rights” (Henkin 1978).

PRACTICE:

1. Illustrate one or two situations or give examples in situational

basis on rights of the child.
2. Give examples of LGBT rights found in the Philippines and
elsewhere in the world to illustrate universality of human
rights.

3. Is the Right to Vote universal or in simple terms, practice all

over the world?

4. Is RA 9262 a protection of moral right or legal right of

women and their children?
 5. When is Human Rights day celebrated? (bonus points)

Lecturer:

ATTY. SHELLA MAE O. MAGALONGA-TAN

Del Rosario Benedicto Law Offices
33 Lopez Jaena Street, Jaro, Iloilo City
CP No. 09175490087
Email Add: tanshellamae17@gmail.com

Kalibo Office:

Leonida Ibardolaza and Associates

JGL Building Acevedo Street
Kalibo, Aklan