WHAT IS HUMAN RIGHTS?

Mr. CARMELITO J.
HERMOSILLA, MPA
Commission on Human
Rights, Cebu City
Definition:

 It is defined as the Supreme, inherent and

inalienable rights to life, to dignity and to self-
development.
 It is concerned with issues in both areas of
civil and political rights and economic, social
and cultural rights founded on internationally
accepted human rights obligations to which
the Philippine government is a state party.
Four (4) Fundamental Characteristics:

 Universal
 Indivisible
 Inter-dependent
 Inter-related
Basic Principles of Human Rights:

mind
will man has the basic rights to
talents life dignity self-development

Culture
History society has the basic rights to
resources survive self-determination develop as a society
Principles….

Composed always and only an instrument of the people,

Of men Govt. An agent only of society,
seek the people’s welfare and interests.

Composed The Phils…adopts the generally accepted

Of nations inter-govt. Principles of international law as part of
the law of the land…
(Art.2,Sec.2, 1987 Const.)
Principles…

 1.) Inherent – innate, inborn, they are not granted by any

authority.
 2.) Fundamental – basic, essential, primary, without it the
life and dignity of man will be meaningless.
 3.) Inalienable – it cannot be separated, transferred or
taken away; it cannot be forfeited.
 4.) Universal – it belongs to all people regardless of their
sex, race, color, language, age, national origin, class,
religion, political belief.
 5.) Indivisible – they cannot be divided and denied even
when other rights have already been enjoyed.
 6.) Inter-related and Inter-dependent – they become
sources of other rights.
 7.) Imprescriptible – no time limit.
 8.) Equality – equal treatment regardless of race, color,
religion, etc.
International Human Rights Instruments to
which the Phils. is a Party-signatory:

1.) ICESCR or International Covenant on Economic, Social and

Cultural Rights (May 17, 1974- Phils. ratification)
2.) ICCPR or International Covenant on Civil and Political Rights
(Feb. 28, 1986- Phils. ratification)
a. Protocol 1 – May 19,1989- Phils.ratification
b. Protocol 2 – Dec.15, 1989- adopted by U.N.
3.) ICERD or International Convention on the Elimination of All
Forms of Racial Discrimination (Sept. 15, 1976);
4.) ICEDAW or International Convention on the Elimination of
Discrimination Against Women (Aug. 5, 1981);
5.) Convention on the Political Rights of Women (Sept. 12,1957)
6.) CRC or Convention on the Rights of Children (Aug. 21, 1990);
7.) CAT or Convention Against Torture (June 18, 1986).
Constitutional Guarantees to Human
Rights

Five (5) independent institutions as watchdog of the 3

branches of government:
1. CHR
2. CSC
3. COA
4.OMBUDSMAN
5. COMELEC
Constitutional guarantees…
Art. 2 – Declaration of Principles and State Policies:
Sec. 2 – The Phils. renounces war as an instrument of national
policy, adopts the generally accepted principles of international
law as part of the law of the land and adheres to the policy of
peace…”
Sec. 3 – “Civilian authority is, at all times, supreme over the
military…”
Sec. 10 – The State shall promote social justice in all phases of
national development.
Sec. 11 – The State values the dignity of every human person and
guarantees full respect for human rights.
Sec. 14 – “ the role of women in nation-building”
Sec. 22 – “ promotes the rights of indigenous cultural
communities”
Constitutional guarantees…

Art. 3 – Bill of Rights:

Sec. 1 – “ No person shall be deprived of life, liberty and
property without due process…equal protection of the law”
Sec. 2 – “Security of persons, houses, papers, and effects
against unreasonable searches and seizures”
Sec. 3 – “ privacy of communication and correspondence”
Sec. 4 – “ freedom of speech, expression, press and
peaceful assembly”
Sec. 5 – “freedom of religion”
Sec.12- “the rights of person under investigation for the
commission of an offense…”
Constitutional guarantees…

Art. 4 – “Citizenship”
Art. 5 – “Suffrage”
Art. 6 – “Legislative Department”
Art.12- National Economy and Patrimony
“Protection of ECOSOC RIGHTS”
Constitutional guarantees…

Art. 13 – Social Justice and Human Rights:

* Labor
* Agrarian & natural resources reform
* Housing
* Health, women
* People’s organization
* Human rights
* Education
* Science
*Arts, Culture, Sports, Language
End of presentation

Thank You