What is 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.
- United Nation
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.
Philippine Commission on Human Right
 International norms that help to protect all
people everywhere from severe political,
legal, and social abuses.
Human
Rights
-http://plato.stanford.edu/entries/rights-
human/
Classification of Human Rights
• According to source
• According to aspect of life
• According to Derogability
• According to aspect of life
• According to struggle & recognition
According to source
• Natural or Moral Rights- God given rights, acknowledged morally
good.
• Legal Rights
• Constitutional Rights- guaranteed in the bill of rights of the constitution.
• Statutory rights – rights promulgated by legislative body.
According to aspect of life
• Civil Rights- Right the law will enforce at instance of private individual for
purpose of securing to them the enjoyment of happiness. It guarantees
people from abuses of state agents in the exercise of the state’s 3 inherent
powers: police power, eminent domain and power of taxation.
• Political Rights- those rights which enable us to participate in running that
affairs of the government either directly or indirectly.
• Civil & Political right guarantees against government abuse. Referred as
justiciable rights- immediately enforced one violated called negative rights
because state is refrained from violating them.
• Economic, Social & Cultural Rights- rights of the people to self
determination, to pursue economic, social & cultural devp’t & financial
security.
According to Derogability

• Non-Derogable or Absolute rights- rights that cannot be suspended

nor taken away nor restricted or limited even in extreme emergency
and even if the government invoke national security.
• Derogable or relative rights- maybe suspended or restricted or limited
depending on circumstances for preservation of social life.
According to aspect of life

• Civil rights
• Political rights
• Economic & social rights
According to struggle & recognition
• Fist generation Rights
• Second Generation right
• Third Generation rights
 Inherent
Fundamental
Characteristics
Characteristics Inalienable
ofofHuman
Human
Rights
Rights Indivisible Universal
Interdependent
Imprescriptible
 • As Fundamental Freedom in • As Economic, Social and
Categories Political Rights Cultural Rights
of Human • As Democratic Rights • As Workers’ Rights
• As Mobility Rights • As Aboriginal Rights
Rights • As Right to Life, Liberty and • As Reproductive Rights
the Security of the Person • As Protective Rights of
• As Legal Rights Persons in Armed Conflicts
• As Right of Equality • As Right of Self-
determination
• As Minority Group Right
As • The Bill of Rights in the Philippine
Fundamental Constitution contains these
fundamental freedoms
Freedom in
Political Rights
As Democratic • Rights that are commonly exercised in
a democratic state
Rights
 Right to travel and return
to one’s country, and the
freedom to movement
within the country
As Mobility
Rights
National as well as
international in character
As Right to • Represents the core of fundamental
Life, Liberty rights which relate to the right to
physical and personal integrity,
and the Security consistent with human dignity.

of the Person
As Legal • Rights that constitute due process that
can be invoked by persons accused.
Rights
 Right against
discrimination

As Rights of
Equality Everyone is equal before
the law and is entitled to
equal protection or the
equal benefit of the law.
 Considered to be more
of standards to be
observed by the State
As Economic, • Freedom from detention,
Social and torture and other forms of
Cultural Rights political repression will be
meaningless when people are
hostage to hunger, disease,
ignorance and
unemployment.
 • Includes the right to association, the
right to organize unions, to bargain
As Workers’ collectively, the prohibition of
employment of children, and the
Rights guarantee of minimum wages and
other support.
 • Associated with the rights of
As Aboriginal indigenous cultural tribes or
communities
Rights
 • Includes the right to found a family and
As bear children, to gender sensitivity and
Reproductive the biomedical technology, and to
family planning
Rights
As Protective • Rights provided in the international
Rights of humanitarian law for the protection of
children, women and non-combatants
Persons in during internal armed conflicts

Armed Conflicts
 This rights was asserted by
colonial peoples in their struggle
for independence

As Right of Right of people to be free from

Self- colonial rule and decide their
own
determination

destiny (Article II, Section 7,

Philippine Constitution)
 • These rights include the protection of
As Minority ethnic, linguistic and religious
minorities (Article XIV, Section 7,
Group Rights Philippine Constitution)
 01 02 03
Classification of According to According to According to
Human Rights Sources Aspects of
Life
Derogability
 Natural or Moral Rights- God given
rights, acknowledge morally good.

According to
Sources

Legal Rights:
Constitutional Rights- Guaranteed Statutory rights- rights
in bill of rights of the constitution promulgated by legislative body.
According to Aspects of Life
• Civil Rights
• Political Rights
• Civil & Political Rights guarantees against government abuse. Referred
as justiciable rights
• Economic, Social, & Cultural Rights
According to Derogability
• Non Derogable or absolute rights
• Derogable or relative rights
Concise History of Human Rights
Cyprus the Great the king of Persia in 539
B.C
• He freed the slave, declared that all people had the right to choose
their own religion, and established racial equality.
• These and other decrees were recorded on a baked-clay cylinder in a
Akkadian language with cuneiform script.
• Know today as the cyrus cylinder,
Cyrus Cylinder
• This ancient record has now
been recognized as the world’s
first charter of human rights.
• It is translated into six official
languages of the United Nations
and its provision parallel the first
four articles of the Universal
Declaration of Human rights.
Spread of human rights
• From Babylon, the idea of human rights was spread quickly to INDIA,
GREECE and eventually ROME.
• The concept of Natural Law” arose, in the observation of the people
tended to follow certain unwritten laws in the course of life, and
roman law was based on the rational ideas derived from natural law.
Magna Carta (1215)
• Magna Carta, English Great Charter, charter of English liberties
granted by King John on June 15, 1215,
• under threat of civil war and reissued, with alterations, in 1216, 1217,
and 1225.
• By declaring the sovereign to be subject to the rule of law and
documenting the liberties held by “free men,” the Magna Carta
provided the foundation for individual rights in Anglo-American
jurisprudence.
Petition of Right (1628)
• A statement of civil liberties sent by the English Parliament to Charles I.
• Refusal by Parliament to finance the king's unpopular foreign policy had caused his
government to exact forced loans and to quarter troops in subjects' houses as an
economy measure.
• Arbitrary arrest and imprisonment for opposing these policies had produced in
Parliament a violent hostility to Charles and George Villiers, 1st duke of
Buckingham.
• The Petition of Right, initiated by Sir Edward Coke, was based upon earlier statutes
and charters and asserted four principles: no taxes may be levied without consent
of Parliament; no subject may be imprisoned without cause shown (reaffirmation
of the right of habeas corpus); no soldiers may be quartered upon the citizenry;
martial law may not be used in time of peace.
• In return for his acceptance (June, 1628), Charles was granted
subsidies. Although the petition was of importance as a safeguard of
civil liberties, its spirit was soon violated by Charles, who continued to
collect tonnage and poundage duties without Parliament's
authorization and to prosecute citizens in an arbitrary manner.
Declaration of the Rights of Man and of the
Citizen (1789)
• Passed by France's National Constituent Assembly in August 1789.
• A fundamental document of the French Revolution that granted civil
rights to some commoners, although it excluded a significant segment
of the French population.
• The inspiration and content of the document emerged largely from
the ideals of the American Revolution. The key drafts were prepared
by General Lafayette, working at times with his close friend Thomas
Jefferson.
• The declaration proclaims that all ccitizens are to be guaranteed the
rights of liberty, property, security and resistance to oppression.
The First Geneva Convention 1864
• The original document from the first Geneva Convention in 1864
provided for care to wounded soldier.
• Sixteen European countries and several American state attended a
conference in Geneva, at the invitation of the Swiss Federal Council, on
the initiative of the Geneva Committee.
• The main principles laid down in the Convention and maintained by the
later Geneva Conventions provided for the obligation to extend care
without discrimination to wounded and sick military personnel and
respect for and marking of medical personnel transport and equipment
with the distinctive sign of the red cross on a white background.
The United Nation (1945)
• The United Nations is an international organization founded in 1945
after the Second World War by 51 countries committed to
maintaining international peace and security, developing friendly
relations among nations and promoting social progress, better living
standards and human rights.
• The goal od the United Nations Conference on International
Organization was to fashion an international body to promote peace
and prevent future wars.
The UN has 4 main purposes

• To keep peace throughout the world;

• To develop friendly relations among nations;
• To help nations work together to improve the lives of poor people, to
conquer hunger, disease and illiteracy, and to encourage respect for
each other’s rights and freedoms;
• To be a centre for harmonizing the actions of nations to achieve these
goals
The Universal Declaration of Human Rights
(1948)
• The Universal Declaration of Human Rights is a non-binding declaration
adopted by the United Nations General Assembly in 1948, partly in response
to the barbarism of World War II.
• The UDHR was framed by members of the Human Rights Commission, with
Eleanor Roosevelt as Chair, who began to discuss an International Bill of
Rights in 1947.
• The UDHR urges member nations to promote a number of human, civil,
economic, and social rights, asserting these rights are part of the “foundation
of freedom, justice and peace in the world.” It aims to recognize, “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.”
Foundation of Human Rights Principles and
Classifications
International Humanitarian
Laws
▪International Humanitarian Law
International Humanitarian law
Instruments
3 main Currents
Fundamental principle of international Humanitarian law.
Legal remedies in cases of enforced disappearance &
extrajudicial killings
Writ of habeas corpus
Writ of Amparo
Writ of habeas data
- International Humanitarian law
• It is the international law of armed conflict (LOAC)
• It is the law that regulates the conduct of war
• The international humanitarian law is inspired by considerations of humanity
and the mitigation of human suffering.
• There are two general objectives and areas of concern regarding armed
conflict:
- as to protect of its victims (“Geneva law” or “Red Cross Law”)
- as to limitation of its methods and means (“Hague Law”)

*Human rights and humanitarian law are two distinct and yet closely related
branches of the international legal system
Red Cross Law

To protect the lives and dignity of victims of armed conflict and

violence and to provide them with assistance.
Law of Hague
is a colloquial term that refers to a body of law mainly dealing with rules
of conduct of hostilities and establishing limitations or prohibitions of
specific means and methods of warfare.
Distinction
HUMAN RIGHTS HUMANITARIAN LAW

• Established universal • The law of armed conflict or the law

rights that every of war: a body of rules which in
wartime protect persons who are
individual should not or no longer participating in the
enjoy at all times in hostilities and which limits methods
both peace and war. and means of warfare - to make war
States are obligated the least inhumane possible.
Warring parties, traditionally states
vis-à-vis the individual in international conflicts, are to
living within their observe an comply with these rules.
jurisdiction to respect
and protect these
Instruments
• Universal Instruments
• Regional Instruments
Universal Instruments
• Universal declaration of human rights, adopted by the UN General assembly in
1948
• Convention on the prevention and punishment of the crime of genocide of 1948
• International covenant on civil and political rights of 1966 on the international
covenant on social and economic rights of 1966
• The convention on the elimination of all forms of discrimination against women
1981
• The convention against torture and other cruel, inhuman, or degrading treatment
or punishment of 1984 or the convention on the rights of the child of 1989
 Regional Instruments
• The European convention on human rights of 1950
• The American convention on human rights of 1969
• The African charter of human and people rights of 1981
Concept of the instruments
• Its provision are intended both to protect people who are not or no
longer taking parts of hostilities as well as to restrict the methods and
means use to wage war.
• Its purpose is to limit the suffering war causes by affording victims the
maximum possible protection and assistance.
Scope
• The greater part of international humanitarian law applies to situation
involving international armed conflict waged between subject of
international law
• While there are only limited rules concerning non-international
armed conflict.
Key Principles
• Underlying all norms in the area of humanitarian international law is the
effort to find a balance between the conflicting interest of military
necessity on the one hand humanity on the other.
• This gives rise to the following principles:
• Neither the conflicting parties nor members of their armed forces
have unlimited freedom in the choice of methods and means with
which to wage war.
• Hence the use of weapons and methods which inflict excessive
injuries and unnecessary suffering is forbidden
Treaties
1864
• Geneva Convention for the amelioration of the condition of the
wounded in armies in the field
1868- Declaration of St. Petersburg
• Prohibiting the use of certain projectile in wartime
1899- the Hague Convention
• Respecting the laws and customs of war on land and the adoption of
the maritime warfare of the principles of the 1864 Geneva convention
1906
• Review and development of 1864 Geneva Convention
1907
• Review the hague convention in 1899 and adoption of new
convention
1925
• Geneva protocol for the prohibition of the use in war af asphyxiating,
poisonous or other gases and of bacteriological methods of warfare.
1929
• Two geneva convention
• Review and development of the 1906 geneva convention
• Geneva convention relating to the treatment of prisoners of war.
1949-Four Geneva conventions
1. Amelioration of the condition of the wounded and sick in armed
forces in the field.
2. Amelioration of the condition of wounded, sick and shipwrecked
members of armed forces at sea.
3. Treatment of prisoners of war
4. Protection of civilian persons in time of war
1954
• The Hague Convention for the protection of cultural property in the
event of armed conflict
1972
• Convention in the prohibition of the development, production and
stockpiling of bacteriological and toxic weapon and on their
destruction.
1977
• Two protocols additional to the four 1949 geneva convention, which
strengthen the protection of victims of international and non
international armed conflict.
1980
• Convention on prohibitions or restrictions on the use of certain
conventional weapons which may be deemed to be excessively
injurious or to have indiscriminate effects.
1993
• Convention on the prohibition of the development, production
stockpiling and use of chemical weapons and on their destruction
1995
• Protocol relating to blinding laser weapon
1996
• Revised protocol on prohibition or restriction on the use of mines,
booby traps and other devices
1997
• Convetion on the prohibition if the use, stockpiling, production and
transfer of anti-personnel mines and on their destruction
1998
• Rome statue of the international criminal court
1999
• Protocol to the 1954 convention on cultural property
2000
• Optional protocol to the convention on the rights of the child on the
involvement of children in armed conflict
3 main current of Humanitarian law
• Law of Geneva
• Law of Hague
• Efforts of the United Nation to ensure that human rights were
represented in armed conflicts
Other issues
• Peace- keeping and peace-enforcement operation
• Terrorism
• Prosecution of criminals
• War time
• Application of humanitarian law
• New conflict
• Assistance to victims of armed conflict
• Restoration of family link
• New development in humanitarian law
• Protection for refugees and internally displaced person
Commission on Human
Rights
• Constitutional creation
• Independent office
CHR power
• Investigate

• Compulsory processes

• Provide legal measure

• Legal aid

• Jail and detention center monitoring

• Research program
• Government compliance monitoring
CHR program
• Human Rights protection
• Human Right promotion
HUMAN RIGHTS
PROTECTION
• Investigate and hearing of complaint

• Legal aid and counselling

• Legal research
• Assistance to human rights victim

• Visitorial service
• Child rights protection services
• Special prosecutory system
Human rights promotion
• Public information
• Education and research
• Investigative monitoring
What is armed conflict?
• Between states and between states and national liberation movement
• Between governmental authorities and organized armed group
• Between organized armed group within states
What are not considered as armed conflict
• Internal disturbance and tension like riot, isolated and sporadic act of
violence
• Banditry, unorganized and short-lived insurrections or terroristic
activities.
Kind of International Humanitarian Law
• Treaty Law- Treaties, convention, protocol & similar international legal
instruments- binding of states parties- which ratify or accede.
• Customary law- generally accepted principles & rules established by
sufficient state practice and legal opinion, which are binding on all,
particularly on all parties to armed conflict in the case of customary
IHL.
Fundamental Principles of
International Human Rights
• The principle of humanity (the “elementary considerations of humanity being reflected and
expressed in the Martens clause)

• The principle of distinction between civilians and combatants, and between civilian objects and
military objectives;

• The principle of proportionality,

• The principle of military necessity (from which flows the prohibition of superfluous injury and
unnecessary suffering.
• principle of humanity
principle of distinction

The principle of distinction is a fundamental principle of international humanitarian law which provides
that parties to an armed conflict must “at all times distinguish between the civilian population and
combatants and between civilian objects and military objectives and accordingly shall direct their
operations only against military objectives”. This implies that indiscriminate attacks and the use of
indiscriminate means and methods of warfare are prohibited.
principle of proportionality

The principle of proportionality prohibits attacks against military objectives

which are “expected to cause incidental loss of civilian life, injury to civilians,
damage to civilian objects, or a combination thereof, which would be
excessive in relation to the concrete and direct military advantage
anticipated”.
In other words, the principle of proportionality seeks to limit damage caused
by military operations by requiring that the effects of the means and
methods of warfare used must not be disproportionate to the
military advantage sought.
• principle of military necessity

The state of necessity (not to be confused with the concept of military necessity) is a circumstance
precluding the wrongfulness of an otherwise internationally wrongful act. The state of necessity can be
invoked under precise conditions, laid down in Article 25 of the International Law Commission’s
Articles on State Responsibility. It traditionally indicates the existence of a situation in which the sole
means by which a State can safeguard an essential interest from grave and imminent peril is by
violating international law. IHL, as a domain of international law that is intended to apply to emergency
situations, contains no room for necessity as a circumstance precluding wrongfulness of a particular
course of conduct, except where explicitly stated otherwise in some of its rules. 
Legal remedies in cases of enforced
disappearance & extra judicial killings
• Writ of habeas corpus
• Writ of Amparo
• Writ of habeas data
• Writ of habeas corpus

A writ of habeas corpus (which literally means to "produce the

body") is a court order demanding that a public official (such as a
warden) deliver an imprisoned individual to the court and show a
valid reason for that person's detention. The procedure provides a
means for prison inmates, or others acting on their behalf, to
dispute the legal basis for confinement. Habeas corpus has deep
roots in English common law.
• Writ of Amparo

The petition for a writ of amparo is a remedy available to any

person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity.
• Writ of habeas data

is a remedy available to any person whose right to privacy in life, liberty or

security is violated or threatened by an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the person,
family, home and correspondence of the aggrieved party.