URDANETA CITY UNIVERSITY

COLLEGE OF CRIMINAL JUSTICE EDUCATION

San Vicente West Urdaneta City
COURSE TITLE: CLJ 2 – HUMAN RIGHTS EDUCATION

MODULE 1
INTRODUCTION TO HUMAN RIGHTS EDUCATION,
ITS CONCEPTS AND PRINCIPLES

Overview:
All human beings upon birth automatically belong to a
society. They are born free, equal and with human dignity and
rights. The first society he belongs to, is his family, then at
higher levels, to his neighborhood, his municipality, his country
and the international community. The rights he is entitled to are
enjoyed without any distinction as to race, color, sex, language,
religion, origin and social status. History has shown that as a
man started to live in a society, his inherent rights began to be
violated by his own fellowmen. The state authorities who are
supposed to protect his rights are even his persecutors. The
ancient Greeks and Romans who were supposed to have started the
development of Western Civilization legalized the institution of
slavery, when men and women were held as chattels and could be
disposed of in any manner at the will of their masters.
As the human society became more developed, more men and
women were deprived of their full opportunity to live as free
man, and suffered indignities. In spite of the doctrines of major
religions of the world that all men are created equal and free
individuals, men have suffered from oppression. The ancient
Confucianism to the Bahai’s proclaimed the brotherhood of men.
Judaism believes: “What is hateful to you, do not do to your
fellowmen” That is the entire Law. Buddhism teaches: “Hurt not
others in ways that you yourself would find it hurtful.”
Confucianism admonishes: “If there is one principle which ought
to be acted upon throughout one’s life, surely it is that of
loving kindness. Do not do unto others what you would not want
them do unto you.” Islam advocates: “No one of you is a believer
until he desires for his brother that which he desires for
himself.” Christianity teaches: “In everything, do to others just
what you want them to so for you.” – “A passage from Tobit
4:15a, 16a, 18a, 19; Do to no one what you yourself dislike.
Give to the hungry some of your bread, and to the naked, some of
your clothing. Seek counsel from every wise man, at all times
blessed are the Lord God, and success to all your paths straight
and to grant success to all your endeavors and plans.”

1
 Jesus Christ, the founder of Christianity was himself a
victim of human rights violation. Jesus Christ in the biblical
accounts, came and lived as human being, and was unjustly tried,
sentenced to death and crucified in the most inhuman manner. This
was the first account of denial of due process (Mark 14:53-65;
Luke 22:66; H 23:2-7).

Congratulations!! You’re
already in Chapter 1

HISTORY, THEORIES OF SOURCES AND

DEVELOPMENT OF HUMAN RIGHTS

“Human rights are generally defined as those rights, which are

inherent in our nature, and without which, we cannot live as
human beings.”
Human rights are as old as human society itself. Originally
known as “Rights of Man,” they are asserted by the citizens
against tyrannical governments. They arose from the struggle of
man against injustices of despotic rulers. From the tyrannical
rulers of the ancient Greece to royal autocracy of kings and
princess of the middle ages men began to resist injustices they
have long suffered. Men revolted against the concept of the
“Divine Right of Kings.” Socrates, considered the father of
philosophy, was a victim of human rights violation. His honest
and energetic stand upon political questions brought him to
disfavor with the state authorities and was accused of corrupting
the youth of Athens by teaching things not in accord with the
popular mythology, He was condemned to die to drink the deadly
hemlock in the year 399 B.C.
Aristotle the foremost Greek philosopher did not favor slave
ownership but history has shown that slavery became legalized
institution. The ancient Romans who were known as law-givers,
formulated excellent legal codes, but legalized the possession of
slaves in the Roman law. It was only in the early 20th century
when slavery was internationally prohibited.
In the middle Ages, the great English document Magna Carta,
was delivered by King John on June 9, 1215. Regarded as the first
English Constitution, the document guaranteed personal liberties
and civil rights.
The revolutionaries of England determined to prevent
arbitrary royal rule laid down the Bill of Rights of 1689 such as
freedom from cruel and unusual punishment and excessive fines.
The Americans revolting against the English King declared
their own Bill of Rights which they adopted in 1776, asserting

2
that all men are by nature fully free and independent, and have
certain inherent rights such as enjoyment of life and liberty,
the means of acquiring and possessing of properties, and
obtaining happiness, They asserted freedom of speech and press,
to speedy and public trial by an impartial jury, and the freedom
to exercise religion.
Likewise, the French revolutionaries in 1789, revolting
against their tyrannical king, proclaimed the “Declaration of the
Rights of Man” previously denied them by the rulers. They
declared that all men are born free and equal and affirmed the
inalienable rights of man.
Eventually, most democratic countries adopted in their
respective constitutional guarantees in the Bill of Rights.

THEORIES OF SOURCES OR RIGHTS

Several theories of the source or origin of human rights
have been advanced, namely: (1) religious or the theological
approach, (2) the natural law theory, (3) Historical theory (4)
the sociological approach, (5) the positivist theory, (6) the
theory of Marxism, (7) Theory based on Dignity of Man, (8)
theories of justice, and (9) the theory based on equality and
(10) the utilitarian theory.
Religious or Theological Approach
Central to
the dignity of man as a consequence of human
rights. This is the doctrine of a Supreme
Being, the creator, the Father of all
Humanity. If we accept the story of the Old
Testament. Adam, the first man was created
in the image of God, this means that the
divine source gives human beings a high
value of worth. The belief of a universal
common creation means a common humanity and consequently
universal, basic and fundamental rights. Since rights come from a
Divine source, they are inalienable and cannot be denied by
mortal beings (man). The theological approach means also the
brotherhood of men and equality in the eyes of God. Theology,
therefore, is a basis of human rights theory stemming from a law
higher than the state and whose source is the Supreme Being. They
are not concessions granted by human institutions or states, or
any international organization as they are God-given rights.
The criticism of the theological approach is that some
religions impose so many restrictions on individual freedom. Some
religions even tolerate slavery, discrimination against women and
imposition of death penalty. The theological approach is valid as
long as men believe that God created them.
It is the interpretation of man loving his neighbor. The
concept of brotherhood of men means respecting the rights of man.
This also illustrates the universal concept of human rights. In

3
short, the dignity of human person is realized through love of
fellowmen.

The Natural law Theory

The natural law theory which
originated from the Stoics and
elaborated by Greek philosophers
Plato and Aristotle and later by
ancient Roman law Jurists perceives
that the conduct of men must always
conform to the law of nature.
Philosophers, in their search for
the truth, must be in accordance
with nature which is eternal.
Natural law embodies those
elementary principles of justice which were right reason, i.e.,
in accordance with nature, unalterable and eternal.
The theory of natural law became the basis of the natural
rights of man against oppressive rulers. The natural law theory
found its way in the first human rights document known as the
Magna Carta of England in 1215, the English Bill of Rights of
1689 and the American Declaration of Independence in 1776.
Natural law theory has served as the norms or standards of state-
enacted positive law. When the Nazi army generals were prosecuted
in the Nuremberg Tribunal for various offenses such as mass
killing of children, women and non-combatants and genocide, they
put up a defense of nullum crimen sine lege that is, “there is no
crime unless there is a pre-existing law condemning the act as
crime,” the judges of the tribunal resorted to natural law. The
crimes committed were offenses against humanity and there is no
need of a law penalizing the acts.
The main characteristic of natural law is that natural law
leaves vague what is part of the law of nations and, therefore,
is inalienable.
Historical Theory
The historical theory advocates that human
rights are not deliberate creation or the
effort of man but they have already
existed through the common consciousness
of the people of what is right and just.
Human rights developed through the common
consciousness of men. Unlike the
positivist theory, the historical theory
believes human rights exist through
gradual, spontaneous and evolutionary
process without any arbitrary will of any
authority. The examples are customs and traditions. (Savigny, On

4
the Vocation of our life, Legislation and Jurisprudence, Harvard
[1831].)

The Functional or Sociological Approach

Under the functional or sociological
theory, human rights exist as a means of
social control. Also known as the
sociological approach, human rights
exist to serve the social interests of
society. The sociological approach lays
emphasis of obtaining a just equilibrium
of multifarious interests among
prevailing moral sentiments and the
social and economic conditions of the time and place. It is the
pragmatic principle, William James advocated that the essence of
law is simply to satisfy the needs of the people. This approach
was developed in the early twentieth century when there were
demands for a variety of wants occasioned by the development of a
society as help for the unemployed, the handicapped, the
underprivileged, minorities and other disadvantage groups. The
approach is now to focus on rights in terms of people’s wants and
concern. (R. Pound, Jurisprudence [1959].)
The Positivist theory
The positivist theory or what is known as legal positivism
states that all rights and authority come from the state and what
officials have promulgated. Under this theory, the only law is
what it is commanded by the
sovereign. The source of human
rights is to be found only in the
enactment of law with sanctions
attached. Natural law and natural
rights can be valid only if they
can be enforced by the state. A
right is enjoyed only if it is
recognized and protected by
legislation promulgated by the
state. The source of rights can be
found only in the promulgated law and enforced by the state. It
is the will of the sovereign. Jeremy Bentham and John Austin,
Foremost positivists who had been advocates of law reform,
stressed the state’s legal processes to bear upon the protection
of human rights.
The promotion and protection of human rights becomes easier
and more effective by resolving specific concrete violations of
rights. A positivist system offers flexibility to meet changing
needs since it is under human control.

5
The Marxist Theory
This theory emphasizes the interest of society over an
individual man’s interest. Individual freedom is recognized only
after the interest of society is served.
It is concerned with economic and social
rights over civil or political rights of
community. In a capitalistic society
where few men control the means of
production, an individual’s needs and
rights are never satisfied. The economic
and social rights in many international
instruments of human rights are claimed
to be due to the Marxist theory of
equitable distribution of wealth and
economic resources. Marx regarded the natural law approach as
very idealistic. He saw nothing natural or inalienable about
human rights. Such concepts of law, justice, morality, democracy,
freedoms as historical categories whose content is determined by
the natural conditions of the life of the people. The inclusion
of economic and social rights among the international instruments
are attributed to the theory of communist states. (Berlin, Two
Concepts of Liberty [1958].)
Theory Based on Equality and Respect
Equality with respect to basic
liberty means the recognition of
individual rights in the enjoyment of the
basic freedoms such as freedom of speech,
religion, assembly, fair trial and access
to courts. Governments must treat all
their citizens equally. For this purpose
the government must intervene in order to
advance general welfare.
Certain specific liberties such as
freedom of speech, freedom of worship, right to join association
and freedom of opinion require special protection against
government interference. They are the so-called preferred
liberties, where usually the government imposes restrictions. (R.
Dworkin, Taking Rights Seriously, [1972], p. 22.)
Theory Based on Justice
Justice it is said, is the greatest interest of man. Respect
for human rights serves the ends of justice. Each person

6
possesses inviolability founded on justice. The liberties of
individual can be achieved only in a just society.
John Rawls, in
his Theory of
Justice, said
that the first
virtue of any
social
institution is
justice.
Rawls’ theory
is that each person possesses
inviolability founded on justice, and
when the liberties of equal citizenship
are settled. The rights secured for
justice are not subject to political
bargaining or to social interest.
(Rawls, Theory of Justice, p. 28.)
Each person has equal rights to the whole system of
liberties. There is no justice in a community where there are
social and economic inequalities. To maintain the self-respect
and the dignity of the individual social primary goods, such as
liberation, opportunity and income are to be distributed
equitably. The general conception of justice is one of fairness
and those social primary goods such as opportunity, income and
wealth and self-respect are to be distributed equally.
Theory Based on Dignity of Man
Professors McDougal and Laswell follow the so-called value-
oriented approach based on protection of human dignity. This
theory proceeds on the premise that humans rights means sharing
values of all identified policies upon which human rights depend
on. (McDougal, Laswell and Chess, Human Rights and World Public
Order [1980]).
The most important values are
respect, power, knowledge, health and
security. There is a great disparity
between the common demands of the
people for human dignity values and
their achievement. The ultimate goal
of this theory is a world community
where there is democratic sharing and
distribution of values. All available resources are utilized to
the maximum and the protection of human dignity is recognized.
This theory, in fact, is better referred to as policy science
approach.
The Utilitarian Theory
The utilitarian theory, mainly based on the philosophy of
English jurist Jeremy Bentham,
seeks to define the notion of
rights in terms of tendencies to

7
promote specified ends such as common good. Bentham believes that
every human decision was motivated by some calculation of
pleasure and pain. The goal is to promote the greatest happiness
of the greatest number. Under this doctrine, everyone is counted
equally. It does not mean, however, that everyone is treated
equally. Utilitarianism is the principle that requires
governments to maximize the total net sum of citizens. This is in
contrast to the natural right theory which is an individualizing
principle that assigns specific basic interests of each
individual person. (J. Bentham, Theory of legislation, p. 52
[1931]).
Another type of Utilitarian Theory was advocated by Rudolf
Ikering, which emphasizes that an individual cannot be more
important than the entire group. A man cannot simply live alone
in disregard of his impulse to society. This is similar to what
Aristotle said that man is a social animal. The composite society
of which the individual is a unit has on its own wants, claims
and demands. An act is good only when it takes into consideration
the interests of the society and tends to augment the happiness
of the entire community.

Chapter 2

HUMAN RIGHTS DEFINED

United Nation’s Definition
Human rights are generally defined as those rights, which
are inherent in our nature, and without which, we cannot live as
human beings.
Human rights and fundamental freedoms allow us to develop
and use our human qualities, intelligence, talents and
conscience, and to satisfy our human life is inviolable. From the
dignity of man is derived the right of every person to free
development of his personality.
The denial of human rights and fundamental freedoms not only
is an individual and personal tragedy, but also creates social
and political unrest, sowing the seeds of violence and conflict
within and between societies and nations. As the first sentence
of the Universal Declaration of Human Rights states, “respect
for human rights and human dignity is the foundation of freedom,
justice and peace in the world.”
Philippine Commission on Human Rights’ Definition
Human rights are supreme, inherent and inalienable rights to
life, dignity and self-development. It is the essence of these
rights that makes man human.
Man’s Responsibility in Human Society
While freedom gives man the right to make moral decisions,
he is responsible for doing so and has to answer to his own

8
conscience. The freedom of an individual is realized and upheld
in his relations to other people in the form given to social
life. Freedom in responsibility includes rights and obligations.
The freedom of the individual is demarcated by the freedom of
others and by sense of responsibility.
Basic Characteristics of Human Rights
Human rights are generally characterized as inherent,
fundamental, inalienable, imprescriptible, indivisible, universal
and interdependent.
Human rights are inherent because they are not granted by
any person or authority. They do not need any event for their
existence. They are distinguished from constitutional or legal
rights, which are provided in state constitutions or legislative
bodies. Some examples of these rights are the right to life and
the right to dignity as human being.
Human rights are fundamental because without them the life
and the dignity of man will be meaningless. Some examples of
human rights as fundamental are the right to individual liberty
and security of a person or freedom of thought or religion.
Human rights are inalienable because they cannot be
rightfully taken away from a free individual. An example is the
freedom from torture. No authority can validly and legally
torture the individual. They cannot be given away or be
forfeited.
Human rights are imprescriptible because they cannot be lost
even by a long passage of time. Man does not lose his rights even
if he fails to use or assert them. Some examples are freedom of
thought, conscience, and religion.
Man’s right to liberty is not lost even if he had been
arbitrarily detained by the authorities. He does not lose his
right to liberty even if he fails to claim it. On the other hand,
a legal right granted by the state to file a case for violation
of an agreement for an unreasonable time may be lost.
Human rights are indivisible because they are not capable of
being divided. They cannot be denied even when other rights have
already been enjoyed.
Examples of rights which are indivisible are the freedom of
expression of belief or opinion. They include the right to
freedom of religion and worship. Ordinary legal rights can be
exercised independently from the exercised independently from the
exercise of other rights.
Human rights are universal to all human beings irrespective
of their origin, status or condition or place where they live.
The human rights of an Asian are no different from the human
rights of a European, or a poor man from a rich individual. All
human beings are essentially the same. Human rights are universal
because said rights can be enforced without national border.

9
 Human rights are interdependent because the fulfillment or
exercise of one cannot be had without the realization of the
other. The respect of human rights necessarily includes the
realization of man’s dignity.
An example is the right to life and existence as a person.
In addition, these cannot be realized without the right to work
in order to maintain a good standard of living.
Ordinary legal rights can be exercised independently from
another. The exercise of the right to enter into contract can be
exercised independently from the right to exercise a profession.
Every human being has the basic freedom to use, exercise and
cultivate his personal talents. He has also the basic rights to
life, dignity, and free development as a human being. But as he
lives in a society he is deprived of his rights usually by the
authorities of his own State. Basic in any legitimate society is
the emphasis on the dignity and the right of the individual and
his well-being. A legitimate state should exist to assure that in
the discharge of the governmental functions, the dignity that is
the birthright of every human being is duly safeguarded.

10