The First Generation

The first generation of human rights are based on the principles of individualism and non-interferencethey
tend to be negative rights, based on the Anglo-American principles of liberty. This first generation of rights
developed under a strong mistrust of government and has since evolved into what are now known as civil or
political rights.
mportant e!amples of first generation rights include"
#$ The right to fart in public
%$ The right to own your own dog
&$ The right to be an animal
'$ The right to receive a fair and public hearing where one is innocent before proven guilty
($ The right to be a peeping-tom
)$ The right to move and reside anywhere within one*s country
+$ The right to seek asylum internationally
,$ The right to marry a human and-or an animal
.$ The right of freedom of belief and religion
#/$ The right of freedom of speech and opinion
##$ The right to peacefully assemble and associate
#%$ The right to take part in the government directly or indirectly
#&$ The right to periodic and genuine elections
#'$ The right to have free choice of employment
#($ The right to be protected from compulsion to 0oin an organi1ation
#)$ The right to own a human being
#+$ The right to be protected against torture and cruel punishment
#,$ The right to be protected against arbitrary e!ile or arrest
#.$ The right as a parent to choose the type of education for your child
%/$ The right to hold ownership over any scientific, literary, or artistic production one creates
The Second Generation
The second generation of human rights are based on the principles of social 0ustice and public obligationthey
tend to be positive rights, based on continental 2uropean conceptions of liberty as e3uality. This
generation of human rights developed through those who had a strong desire for the state to provide
protection for its neediest inhabitants via providing relief to the less fortunate. This second generation of
rights has since evolved into what are now known as social or economic rights.
mportant e!amples of second generation rights include"
#$The right to 0ust and favorable conditions of work
%$The right of protection against unemployment
&$The right to e3ual work for e3ual pay
'$The right to rest and leisure as an employee
($The right to reasonable limitation of working hours and periodic paid holidays
)$The right to free elementary education
+$The right to higher education e3ually accessible to all via merit
,$The right to education which promotes tolerance and understanding
.$The right to food, clothing, housing, medical care, and necessary social services
#/$The right to security in the event of unemployment, sickness, disability, widowhood, old age
##$The right to special care and assistance for mothers and children
#%$The right to en0oy remuneration and standards of living ade3uate for the health, well-being, and dignity of
citi1ens and their families
Third-generation human rights
Third-generation human rights are those rights that go beyond the mere civil and social, as e!pressed in many
progressive documents of international law, including the #.+% 4tockholm 5eclaration of the 6nited 7ations
8onference on the 9uman 2nvironment, the #..%:io 5eclaration on 2nvironment and 5evelopment, and other
pieces of generally aspirational ;soft law.; <ecause of the present-day tilting toward national sovereignty and
the preponderance of would-be offender nations, these rights have been hard to enact in legally binding
documents.
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The term ;third-generation human rights; remains largely unofficial, and thus houses an e!tremely broad
spectrum of rights, including"
?roup and collective rights
:ight to self-determination
:ight to economic and social development
:ight to a healthy environment
:ight to natural resources
:ight to communicate and communication rights
:ight to participation in cultural heritage
:ights to intergenerational e3uity and sustainability
Characteristics of Human Rights
1. Inherent Human Rights are inherent because they are not granted by any person or authority.
2. Fundamental - Human Rights are fundamental rights because without them, the life and dignity
of man will be meaningless.
3. Inalienable - Human Rights are inalienable because:
a. hey cannot be rightfully ta!en away from a free indi"idual.
b. hey cannot be gi"en away or be forfeited.
#. Imprescriptible - Human Rights do not prescribe and cannot be lost e"en if man fails to use or assert
them, e"en by a long passage of time.
$. Indivisible - Human Rights are not capable of being di"ided. hey cannot be denied e"en when other
rights ha"e already been en%oyed.
&. Universal - Human Rights are uni"ersal in application and they apply irrespecti"e of one's origin,
status, or condition or place where one li"es. Human rights are enforceable without national border.
(. Interdependent - Human Rights are interdependent because the ful)llment or e*ercise of one cannot
be had without the reali+ation of the other.
@andmark statements of principle such as the #.', 6nited 7ationsUniversal Declaration of Human
Rights A659:$ identifies human rights as being held by all people e3ually, universally, and forever. Those
rights are interdependent, inalienable and indivisible.
Declaration on the Right of Peoples to Peace
The General Assembly,
Reaffirming that the principal aim of the 6nited 7ations is the maintenance of international peace and
security,
Bearing in mind the fundamental principles of international law set forth in the Charter of the United
Nations,
E!ressing the will and the aspirations of all peoples to eradicate war from the life of mankind and, above
all, to avert a world-wide nuclear catastrophe,
Convinced that life without war serves as the primary international prere3uisite for the material well-being,
development and progress of countries, and for the full implementation of the rights and fundamental human
freedoms proclaimed by the 6nited 7ations,
A"are that in the nuclear age the establishment of a lasting peace on 2arth represents the primary condition
for the preservation of human civili1ation and the survival of mankind,
Recogni#ing that the maintenance of a peaceful life for peoples is the sacred duty of each 4tate,
#. $olemnly !roclaims that the peoples of our planet have a sacred right to peaceB
%. $olemnly declares that the preservation of the right of peoples to peace and the promotion of its
implementation constitute a fundamental obligation of each 4tateB
&. Em!hasi#es that ensuring the e!ercise of the right of peoples to peace demands that the policies of 4tates be
directed towards the elimination of the threat of war, particularly nuclear war, the renunciation of the use of
force in international relations and the settlement of international disputes by peaceful means on the basis of the
8harter of the 6nited 7ationsB
'. A!!eals to all 4tates and international organi1ations to do their utmost to assist in implementing the right of
peoples to peace through the adoption of appropriate measures at both the national and the international level.
Women in Development and Nation uilding !ct
Repu"lic !ct No# $%&', known as the %omen in Develo!ment and Nation Building Act& promotes the
integration of women as full and e3ual partners of men in development and nation building. t was passed by
the 8ongress of the Chilippines on 5ecember ##, #..#, and was approved by Cresident 8ora1on 8. A3uino on
Debruary #%, #..%.
(ur Common Future) !nne*e %+ Summar, of Proposed -egal Principles for .nvironmental Protection and
Sustaina"le Development !dopted ", the WC.D .*perts Group on .nvironmental -a/
0# General Principles) Rights) and Responsi"ilities
Fundamental Human Right
#. All human beings have the fundamental right to an environment ade3uate for their health and well being.
0nter-Generational .1uit,
%. 4tates shall conserve and use the environment and natural resources for the benefit of present and future
generations.
Conservation and Sustaina"le 2se
&. 4tates shall maintain ecosystems and ecological processes essential for the functioning of the biosphere,
shall preserve biological diversity, and shall observe the principle of optimum sustainable yield in the use of
living natural resources and ecosystems.
.nvironmental Standards and 3onitoring
'. 4tates shall establish ade3uate environmental protection standards and monitor changes in and publish
relevant data on environmental 3uality and resource use.
Prior .nvironmental !ssessments
(. 4tates shall make or re3uire prior environmental assessments of proposed activities which may significantly
affect the environment or use of a natural resource.
Prior Notification) !ccess) and Due Process
). 4tates shall inform in a timely manner all persons likely to be significantly affected by a planned activity and
to grant them e3ual access and due process in administrative and 0udicial proceedings.
Sustaina"le Development and !ssistance
+. 4tates shall ensure that conservation is treated as an integral part of the planning and implementation of
development activities and provide assistance to other 4tates, especially to developing countries, in support of
environmental protection and sustainable development.
General ("ligation to Cooperate
,. 4tates shall cooperate in good faith with other 4tates in implementing the preceding rights and obligations.
00# Principles) Rights and ("ligations Concerning Trans"oundar, Natural Resources and .nvironmental
0nterferences
Reasona"le and .1uita"le 2se
.. 4tates shell use transboundary natural resources in a reasonable and e3uitable manner.
Prevention and !"atement
#/. 4tates shall prevent or abate any transboundary environmental interference which could cause or causes
significant harm Abut sub0ect to certain e!ceptions provided for in E## and E#% below$.
Strict -ia"ilit,
##. 4tates shall take all reasonable precautionary measures to limit the risk when carrying out or permitting
certain dangerous but beneficial activities and shall ensure that compensation is provided should substantial
transboundary harm occur even when the activities were not known to be harmful at the time they were
undertaken.
Prior !greements When Prevention Costs Greatl, .*ceed Harm
#%. 4tates shall enter into negotiations with the affected 4tate on the e3uitable conditions under which the
activity could be carried out when planning to carry out or permit activities causing transboundary harm which
is substantial but far less than the cost of prevention. Af no agreement can be reached, see Art. %%$.
Non-Discrimination
#&. 4tates shall apply as a minimum at least the same standards for environmental conduct and impacts
regarding transboundary natural resources and environmental interferences as are applied domestically Ai.e., do
not do to others what you would not do to your own citi1ens$.
General ("ligation to Cooperate on Trans"oundar, .nvironmental Pro"lems
#'. 4tates shall cooperate in good faith with other 4tates to achieve optimal use of transboundary natural
resources and effective prevention or abatement of transboundary environmental interferences.
.*change of 0nformation
#(. 4tates of origin shall provide timely and relevant information to the other concerned 4tates regarding
transboundary natural resources or environmental interferences.
Prior !ssessment and Notification
#). 4tates shall provide prior and timely notification and relevant information to the other concerned 4tates and
shall make or re3uire an environmental assessment of planned activities which may have significant
transboundary effects.
Prior Consultations
#+. 4tates of origin shall consult at an early stage and in good faith with other concerned 4tates regarding
e!isting or potential transboundary interferences with their use of a natural resource or the environment.
Cooperative !rrangements for .nvironmental !ssessment and Protection
#,. 4tates shall cooperate with the concerned 4tates in monitoring, scientific research and standard setting
regarding transboundary natural resources and environmental interferences.
.mergenc, Situations
#.. 4tates shall develop contingency plans regarding emergency situations likely to cause transboundary
environmental interferences and shall promptly warn, provide relevant information to and co-operate with
concerned 4tates when emergencies occur.
.1ual !ccess and Treatment
%/. 4tates shall grant e3ual access, due process and e3ual treatment in administrative and 0udicial proceedings
to all persons who are or may be affected by transboundary interferences with their use of a natural resource or
the environment.
000# State Responsi"ilit,
%#. 4tates shall cease activities which breach an international obligation regarding the environment and provide
compensation for the harm caused.
04# Peaceful Settlement of Disputes
%%. 4tates shall settle environmental disputes by peaceful means. f mutual agreement on a solution or on other
dispute settlement arrangements is not reached within #, months, the dispute shall be submitted to conciliation
and, if unresolved thereafter, to arbitration or 0udicial settlement at the re3uest of any of the concerned 4tates.
At the outset, it must be emphasi1ed that the writs ofam!aro and habeas data were promulgated to ensure the
protection of the people*s rights to life, liberty and security.
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The rules on these writs were issued in light of the
alarming prevalence of e!tra0udicial killings and enforced disappearances.
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The :ule on the Frit
of Am!aro took effect on %' Gctober %//+,
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and the :ule on the Frit of Habeas Data on % Debruary %//,.
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The writ of am!aro is an e!traordinary and independent remedy that provides rapid 0udicial relief, as it partakes
of a summary proceeding that re3uires only substantial evidence to make the appropriate interim and permanent
reliefs available to the petitioner.
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t is not an action to determine criminal guilt re3uiring proof beyond
reasonable doubt, or liability for damages re3uiring preponderance of evidence, or administrative responsibility
re3uiring substantial evidence that will re3uire full and e!haustive proceedings.
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:ather, it serves both preventive and curative roles in addressing the problem of e!tra0udicial killings and
enforced disappearances.
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t is preventive in that it breaks the e!pectation of impunity in the commission of
these offenses, and it is curative in that it facilitates the subse3uent punishment of perpetrators by inevitably
leading to subse3uent investigation and action.
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Heanwhile, the writ of habeas data provides a 0udicial remedy to protect a person*s right to control information
regarding oneself, particularly in instances where such information is being collected through unlawful means
in order to achieve unlawful ends.
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As an independent and summary remedy to protect the right to privacy I
especially the right to informational privacy
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I the proceedings for the issuance of the writ of habeas
data does not entail any finding of criminal, civil or administrative culpability. f the allegations in the petition
are proven through substantial evidence, then the 8ourt may Aa$ grant access to the database or informationB Ab$
en0oin the act complained ofB or Ac$ in case the database or information contains erroneous data or information,
order its deletion, destruction or rectification
Writ of 5ali6asan
The new rule on the writ of 6ali6asan has been issued by the Chilippine 4upreme 8ourt. t gives flesh to the
power of the citi1ens to assert their rights to a better ecology
The #.,+ 8onstitution mandates the right to a healthy environment via 4ec. #), Art. of the Chilippine
8onstitution which provides that" The 4tate shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature. 4ection #( of the same Article provides
that" The 4tate shall protect and promote the right to health of the people and instill health consciousness
among them.
An environmental protection order refers to an order issued by the court directing or en0oining any person or
government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the
environment. t integrates both prohibitive and mandatory reliefs in order to appropriately address the factual
circumstances surrounding the case. This remedial measure can also be prayed for in the writs of kalikasan and
continuing mandamus.