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Human Rights

Human Rights

Chapter 1 Answers to questions

Q: What do you understand by human rights?

Human rights are universal legal guarantees protecting individuals and groups against actions which interfere with
fundamental freedoms and human dignity. Human rights are generally defined as those rights which are inherent in our
nature and without which, we cannot live as human beings. These rights and fundamental freedoms allow us to develop and
use our human qualities, intelligence, talents and conscience, and to satisfy our spiritual and other needs. The dignity of
man and human life is inviolable. From the dignity of man is derived the right of every person to free development of his
personality. It's the essence of these rights that make man human.

Basic Charateristics: inherent, fundamental, inalienable, imprescriptible, indivisible, universal and interdependent.
Classified to:

A. According to source - natural rights, constitutional rights, statutory rights


B. According to recipient - individual rights, collective rights
C. According to aspect of life - civil, political, economic, social, cultural rights
D. According to struggle for recognition - first, second and third generation rights
E. According to derogability - absolute or non-derogable, derogable or can-be-limited rights

Q: What are the sources of human rights?


A. Natural rights - God-given rights, unwritten, prevail as norms of society
B. Constitutional rights - conferred and protected by the Constitution and cannot be modified or taken away by the law-
making body
C. Statutory rights - provided by law promulgated by the law-making body and may be abolished by the same

Q: Who are entitled to enjoy human rights? ALL

Q: How did the violation of human rights originate?

History has shown that as 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.

Q: Who were the first violators of human rights?

The first violators were the Greeks and Romans who were supposed to have started the development of Western
civilization - they legalized the institution of slavery, when men and women were held as chattels and could be disposed of
in any manner

Q: Human rights are characterized as inherent. Why? Give examples

Inherent - not granted by any person or authority, do not need any event for their existence. Ex: right to life and
dignity as a human being

Q: Human rights are characterized as fundamental. Why? Give examples.

Fundamental - without them the life and dignity of man will be meaningless. Ex: right to individual liberty and
security of a person or freedom of thought and religion

Q: Human rights are characterized as inalienable. Why? Give examples

Inalienable - cannot be rightfully taken away from an individual. Ex: freedom from torture

Q: Human rights are characterized as imprescriptible. Why? Give examples.

Imprescriptible - cannot be lost even by a long passage of time. Ex: freedom of thought, conscience and religion

Q: Human rights are characterized as indivisible. Why? Give examples.

Indivisible - not capable of being divided. Ex: freedom of belief or opinion, freedom of religion and worship.

Q: Human rights are characterized as universal. Why? Give examples.

Universal - no borders, applies to all. Ex: right to life is the same whether one is in Asia or Europe

Q: Human rights are characterized as interdependent. Why? Give examples.

Interdependent - the fulfillment or exercise of one cannot be had without the realization of the other. Ex: one's right
to life and existence as a person cannot be realized without one's right to work and maintain a good standard of living

Q: What do you mean by 2nd generation of human rights. Give examples?

Covers economic, social and cultural rights, which primarily find their origin in the socialist tradition and have been
variously promoted by revolutionary struggles and welfare movements, also known as social welfare rights. Ex: right to
development, right to work under decent living conditions, right of workers to self-organization

Q: What do you mean by 3rd and 4th generation of human rights, Give examples?

Covers collective rights, best understood as a product of both the rise and decline of the nation-States in the last
half of the 20th century. Ex: right of people to a healthy environment
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Chapter 2 Answers to questions
Q: What is the origin of Human Rights

These arose from the struggle of man against injustices of despotic rulers. Men revolted against the concept of the
"Divine Right of Kings." In the Middle Ages, the Magna Carta was delivered by King John in 1215. It is regarded as the first
English Constitution that guaranteed the personal liberties and civil rights. The Americans revolting against the English
King in 1776 declared their own Bill of Rights. The French in 1789 proclaimed the Declaration of the Rights of Man where it
was declared that all men are born free and equal and affirmed the inalienable rights of man. Eventually most democratic
countries adopted in their respective constitutions their own Bill of Rights.

Q: Name and explain some of the theories advanced as sources of rights

A. Religious or theological approach - doctrine of a Supreme Being, the creator, the Father of all humanity. Central is the concept
of the dignity of man as a consequence of human rights, and therefore the rights are universal, inalienable and cannot be denied by
mortal beings (men).

B. Natural Law - the conduct of men must always conform to the law of nature, and this theory is detached from religion. The
natural characteristics of human beings are the social impulse to live peacefully and in harmony with others, and whatever conformed
to the nature of men was right and just. Whatever is disturbing to social harmony is wrong and unjust.

C. Positivist - states that all rights and authority come from the state and what officials have promulgated, that rights are enjoyed if
recognized and protected by legislation promulgated by the state.

D. Marxist - emphasizes the interest of society over an individual's interest - communism

E. Functional or sociological approach - human rights exist as a means of social control, that human rights exist to serve the
social interests of society. This approach was developed in the early 20th century when there were demands for a variety of wants, as
help for the unemployed, handicapped, underprivileged, minorities and other disadvantaged groups.

F. Utilitarian Theory - principle that requires governments to maximize the total net sum of citizens. It emphasizes that an individual
cannot be more important than the entire group. 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

G. Theory based on Justice - each person has equal rights to the whole system of liberties. 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

H. Theory based on Equality and Respect - government must treat all their citizens equally, and must intervene in order to advance
the general welfare

Theory based on the Dignity of man - this theory proceeds on the premise that human rights means sharing values of all identified
policies upon which human rights depend on. 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
is better referred to as policy science approach

Q: What were the circumstances that brought out the concept of human rights in ancient history

Rulers were despotic and tyrannical, and citizens rose against the injustices that they have long suffered

Q: What famous documents in history that contained concepts of human rights? Briefly discuss.

a. Magna Carta of 1215 first English Constitution delivered by King John, it guaranteed personal liberties and civil rights
b. Bill of Rights of 1689 revolutionaries of England determined to prevent arbitrary royal rule laid this down, this document
guaranteed freedom from cruel and unusual punishment and excessive fines
b. Bill of Rights 1776 Americans revolting from the English, this document asserted that all men by nature are fully free and
independent and have inherent rights such as enjoyment of life and liberty, the means of acquiring and possessing of properties, and
obtaining happiness
c. Declaration of the Rights of Man 1789- by French revolutionaries, this document declared that all men are born free and equal
and affirmed the inalienable rights of men.

Q: Explain why human rights became an international concern

The struggle for the respect of human rights was initially a domestic or national issue, but the atrocities committed
on mass of people during World War II convinced international jurists that the protection of human rights should be an
international concern.

Q: How was human rights introduced in the Philippines

Human Rights was introduced to the Philippines when Jose Rizal wrote about the abuses of the Spanish authorities
in his books and he was executed for it. Since 1896 the educated Filipinos were already aware of the American and English
Bill of Rights, and the Malolos Constitution was adopted in 1899. It contained provisions that guaranteed freedom from
arbitrary arrest and detention, freedom from searches and seizures, freedom to choose domicile and freedom of religion.

Q: What historical events in the Philippines prompted Filipinos to protect and promote human rights? Events:

a. Colonial Spanish regime economic and class discrimination was rife


b. Military Rule of Japan from 1942-1944
c. Martial Law of President Marcos
The new constitution (1987 Constitution) states that the State values the dignity of every human person and
guarantees full respect for human rights.

Q: What consist of the International Bill of Human Rights?

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The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two
Optional Protocols.

Q: State and explain the constitutional policy of the Philippines on human rights.

In Article II, Section 11, it reads The State values the dignity of every human person and guarantees full respect for
human rights. To implement this policy, the Commission on Human Rights was created as a constitutional independent
body under Article XIII, Sections 17-19 of the Phil. Constitution. This resulted to a substantial decrease of number of
violations among law enforcement in the human rights, but there is still much to be done.

Chapter 3: The International Bill of Human Rights

Q: What are the reasons why the reaffirmation of the fundamental human rights was one of the main objectives of the organization of the
United Nations?

Enforce equal human rights; to reaffirm faith in fundamental human rights and the dignity and worth of human person
(UN Chaarter Preamble)
- Recognition and respect of human rights and freedoms not due to discrimination
- to achieve universal respect for an observance of human rights and fundamental freedoms
* yan yung gist pero baka ipa-enumerate yung articles galing sa UDHR na minention sa chap 3

Q: What documents compose the International Bill of Human Rights?

United Nations Charter, Universal Declaration on Human Rights, International Covenant on Economic, Social and Cultural
Rights, and International Covenant on Civil and Political Rights

Q: Name some of the fundamental human rights ad explain each briefly.


- Equal Protection of rights - human beings must have equal rights, no discrimination
- Right to life, liberty and property -
- Right to Privacy - no arbitrary interference with his privacy, family, home, communications, correspondence
- Freedom of speech, expression and religion - inviolable right to express one self unless justifiably limited by the
government

Q:What international instruments have been adopted to serve as legally binding treaties on the countries that ratified them?

International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights -
both overseen by the UN

Q: What are some of the hindrances or obstacles to the enforcement of the human rights international instruments?

- War crimes
- authoritarian regimes headed by dictators
- Art. 2 par. 7 of UN Charter that gives no authority to the UN to investigate matters happening within the domestic
jurisdiction of the country/nation

Q: What are the remedies to deal in the hindrances or obstacles in the enforcement of human rights? Cite examples.

Implementing international treaties as local legislation

Chapter 4: Civil and Political Rights as Applied in the Philippines

Q: What do you understand by civil rights?

Civil rights are the rights which the law will enforce at the instance of individuals without discrimination for the enjoyment
of their lives, liberty and means of happiness.

Q: How is civil right distinguished from political right?

Both are protected personal rights but political rights are especially catering to the right to participate directly or indirectly
in the establishment or administration of government. Political rights are rights to enable people to participate in running the
affairs of the government.

Q: Why are these rights called Negative Rights?

In answer to restraint the tyrannical government.


Ex. No one should be tortured, No one should be deprived of freedom of expression, no one should be
deprived of life

Q: Mention at least 3 basic civil rights and how they are applied in Philippine society.
- Right to Life, Liberty and Property - Art III Sec 1 (no person, not even the state has the authority to take ones ife)
- Right to Privacy - Art III Sec 3 (right to be free from intrusions into certain thoughts and activities)
- Freedom of expression - Art 3, Sec 4-5 (right to self-determination)

Q: Discuss at least 3 rights of a person who is accused of a crime.

- Right to be informed of the nature and cause of the accusation against him
- Right to bail
- Right to meet the witnesses face to face
* remember Art III, Sec 14

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Q: What do you understand by the principle of presumption of innocence of an accused person? What is the reason of such presumption?

This means that an accused cannot be presumed to have committed the charges against without the proof of guilt beyond
reasonable doubt. The accused cannot be imprisoned just based on circumstantial evidence. The strict compliance with this is
the courts policy on protecting an actually innocent person from going to jail.

Q: What do you understand by the right of persons to peaceably assemble? Are there limitations or restrictions to this right?

Peaceful Assembly means the right of citizens to meet peacefully for consultation in respect to public issues and to
petition the government for redress of grievance.
This right can be restricted on grounds of national security, public order, the protection of public health or morals, or the
protection of the rights of others.

CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES

1. Briefly explain what is meant by economic, social and cultural rights


They are the commitments of the state for opportunities to achieve equality and distributive justice to its citizens such as the
right to food, clothing, housing and education. It included the right to work with fair and just wages, decent working
conditions, and protection of the family to maintain the decent standard of living.

2. Why are these rights considered as social welfare rights


They are generally stated as positive undertakings or obligations of the government to ensure economic well being of the
people.

3. Why are these rights also called Affirmative rights


They are viewed as goals or aspirations that government should provide for its citizens depending upon its resources.

4. What are the main purposes of the economic rights? Cite examples and explain.
To promote high standard of living, full enjoyment and conditions of economic and social progress and development.

5. What do you mean by social rights? Cite examples.


Social rights are those rights concerned with basic human needs.
Ex: 1. Right to development
2. Right to self Determination
3. Right of Workers to Self-Organization
4. Right to Work under Decent Living Conditions
5. Right to Work in Third World Countries
6. Right to Strike
7. Right to Strike as Against Property Rights
8. Right to Social Security
9. Protection of and Assistance to Family
10. Right to Education and Development of Human Personality
11. Right to Students and Academic Freedom
12. Participation in Cultural Life and Benefits of Scientific Progress
13. Religious Education and Instruction
14. Right to High Standard of Physical and Mental Health

6. What do you mean by cultural rights? Cite examples and explain.


Rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity and non
discrimination.
Ex: 1. Right to provide funds for the promotion of cultural development
2. Promotion of awareness and enjoyment of the cultural heritage of national ethnic groups and minorities and of
indigenous peoples.
3. Preservation and presentation of mankind's cultural heritage
4. Legislation protecting the freedom of artistic creation and performance

7. Mention some provisions in the Philippine Constitution on Economic rights, Social rights, and Cultural rights.
1. Art. XII on the National Economy and Patrimony
2. Art. XIII on Social Justice and Human Rights, Agrarian and Natural Resources, Urban Land Reform and Housing, Health
Women
3. Art. XIV on Education, Science and Technology, Arts, Culture and Sports
4. Art. XV on the family

8. What are the obligations of developed and industrialized countries towards Third World Countries on economic, social and
cultural rights?
State Parties are obliged to take steps, individually and through international assistance and cooperation, especially
economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization
of the rights recognized in the present covenant.

9. What is meant by public interest and social litigation?


Its the actions or remedies to enforce and implement Economic, Social and Cultural rights. Must be accessible to all people,
should be simple and at the minimum cost. Free from technical forms of pleadings, rules of procedure in said cases should
be relaxed and socio-legal fact finding bodies should be appointed to determine facts in issue.

10. How should the State comply with the Covenant on Economic, Social and Cultural Rights?

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By incorporating in their constitution most of the rights enumerated in the International Covenant in Economic, Social and
Cultural Rights and implementation of it through social legislation.

11. What is meant by Right of Development? Cite concrete examples.


Inalienable human right by virtue of which every human person and all people are entitled to participate in, contribute to, and
enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully
realized.
Ex: 1. Economic prosperity
2. Social, political and cultural empowerment
3. Social reform
4. Economic reform
5. Agriculture reform
6. Agrarian reform and natural resources
7. Infrastructure development
8. Governance and development financing

CHAPTER VI
HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS

1. Mention the persons or group of persons who are most vulnerable to violations of human rights?
1. Women
2. Children
3. Youth
4. Indigenous Cultural Minorities
5. Muslim Population
6. Elderly
7. Disabled People
8. Mentally Disabled People
9. Prisoners and Detainees
10. Internally Displaced People
11. Migrant Workers
13. Urban Poor
14. Refugees and Stateless Persons
15. Laborers (Public, Private and Informal)
16. Rural Workers
17. Peasants and Fishermen
18. Houshelpers

2. What are the factors or reasons why they are vulnerable to violations of human rights?
Due to their Origin, status and conditions.
3. Cite concrete examples of each sector.
1. Children (Children in Emergency Situations Zones of Peace, children recruited in Warfare, Children in Conflict with the
Law, Child Labor ,Children of Migrant Workers, Children of Indigenous Tribes and Transnational Children, Children of
Families with HIV, Children of Refugees Children as House helpers)
2. Women (Rape, sexually abused and exploited women)
3. Youth ( In- School Youth, Out-Of-School Youth, Working Youth and Special Youth)
4. Elderly ( Senior Citizens, Abondoned elderly in home for the aged, those belonging to poor families)
5. Disabled People (Deaf, mute, blind, incompent, cripple, pwds)
6. Mentally Disabled People ( physically and sexually abused persons)
7. Prisoners and Detainees (wrongfully convicted, juveniles)
8. Migrant Workers (OFWs)
9. Urban Poor ( street children, families in urban areas with incomes below the poverty line, slums)
10. Internally Displaced People
11. Laborers (Public, Private and Informal)
12. Rural Workers
13. Peasants and Fishermen (Agri workers)
14. Houshelpers (even children)

4. Cite the international instruments adopted to prevent or reduce the violation of their human rights in vulnerable groups.
Universal Declaration of Human Rights, Convention on the Rights of a Child, The Rules of the Protection for Non-
Combatants under Protocol I, Protection of victims of Non-international Armed Conflicts Protocol II, Covenant on Civil and
Political Rights, Convention on Migrant Workers, Convention on Refugees, Covenant on Social, Economic and Cultural
Rights, Convention of Stateless Persons,

5. Cite local laws enacted to assist those whose rights are vulnerable to human rights violations.
1. The Philippine Constitution
2. The Revised Penal Code
3. The Labor Code
4. RA 7610 : Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
5. RA9262: Anti-Violence Against Women and Their Children Act of 2004
6. PD 60: Child and Youth Welfare Code
7. RA:8353:Anti- Rape Law
8. RA 8505: Rape victim assistance and Protection Act
9. RA 9775 : Anti-Child Pornography Act
10. RA 10175: Cyber Crime Prevention Act
11. RA 9995: Anti-Photo and Video Voyeurism Act
12. RA 9208: The Anti-Trafficking in Persons Act of 2003
13. Rules of the protection for Non-Combatants under Protocol I, Protection of victims of non-international armed conflicts
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14. RA 9344: Juvenile Justice and Welfare Act of 2006.
15. RA 7658: An Act Prohibiting the employment of Children below 15 years of age,
16. RA: 9231: An Act providing for Elimination of the worst Forms of Child Labor and affording Stronger Protection for the
Working Child
17. RA 10361: Domestic Workers Act or Batas Kasambahay
18. RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS
AND OVERSEAS FILIPINOS ACT OF 1995

CHAPTER 7 DISCRIMINATION

Q: What do you understand by discrimination? Cite concrete examples to show discrimination.


Discrimination generally means the failure to treat everyone alike according to the standards and rules of action.
Examples:
Racial Discrimination (Apartheid, Cultural Minorities, etc.)
Sex Discrimination (Violence against Women, Political Rights of Women IN THE PAST, Trafficking of Women and Prostitution, etc.)
Religious Discrimination (Religious discrimination in education,etc.)

Q: What is the relation of discrimination to equality and dignity of human beings?

In the field of human rights, discrimination is regarded as particularly objectionable because it disregards
fundamental notions of human dignity and equality before the law.
Q: Are there provisions in the United Nations Charter dealing on discrimination? Cite and explain.

Universal respect for an observance of human rights and fundamental freedoms for all without distinction as to
race, sex, language or religion. These objectives are intended to promote the creation of conditions and stability which are
necessary for a peaceful and friendly relations among nations based on respect for the principle of equal rights and self
determination of people. (Art. 55c)

Q: What is the provision on the Universal Declaration of Human Rights on discrimination?

The preamble of Universal Declaration of Human Rights emphasized that the equal and inalienable rights of each
member of the human family. UDHR believed that the foundation of freedom, justice and peace in the world will be
achieved only through equal rights of men and women.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind,
such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international
status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty. (ART. 2)

Q: Cite provisions in the Philippines Constitution prohibiting discrimination. Cite some examples.
Cultural Minorities
The state shall recognize, respect and protect the rights of indigenous cultural minorities to preserve and develop their
cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies (Art.
XIV, Sec. 17)

Women
The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of
women and men (Art. II, Sec. 14)

The State shall protect working women by providing safe and healthful working conditions, taking into account their
maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their
full potential in the service of the nation (Art. XIII, Sec. 14)

Religious Test
No religious test shall be required for the exercise of civil or political rights (Art III, Sec. 5)

Q. What particular groups of persons are usually discriminated against? Why?

Groups that are usually discriminated are women, children, cultural minorities, poor people and other vulnerable
sectors. It is because they are the groups who lack knowledge about their rights. They are perceived to be weak that
doesnt have the capacity to fight for their rights.

Q. What is meant by religious discrimination? Give examples.

Declaration on All Forms of Intolerance and of Discrimination Based on Religion or Beliefs provides that in religious
discrimination, everyone should have the freedom of thought, conscience and religion, that no one should be subjected to
coercion, which would impair his/her freedom to have a religion or belief of his/her own choice.
EXAMPLE:
Religious test in the exercise of civil or political rights
Impediment to marriage on account of religion
Refusal to admit student on account of religion

Q: Have you observed in your community any form of discrimination? Cite concrete examples and state why you consider them discrimination.

Assistance given to poor people in government agencies, public offices (NBI, NSO, LTO, etc,.)
ETC.

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Q: In what ways are the economically disadvantaged discriminated?

Economically disadvantaged do not enjoy equal opportunities on the availment of government services and
resources. In spite of the Land Reform Law, majority are still landless, suffering from the landlord-tenancy relationship.
Poor people are discriminated against in many ways.

Chapter 8
The Role of Non Governmental Organizations in the Promotion and Protection of Human Rights

Q: What do you understand by Non-Governmental Organizations (NGOs) on Human Rights?

A non-governmental organization (NGO) is a not-for-profit organization primarily created to promote and protect
human rights. They primarily participate in the United Nations on a Consultative Status while the latter create charters and
support human rights. Some NGOs like the International Red Cross protect human rights by providing medical assistance,
food and other basic needs to victims of violations.

Q: In what way are they recognized by the United Nations?

The United Nations recognize the role and importance of NGOs in the protection of Human Rights through their
charter, Article 71 states "The Economic and Social Council may make suitable arrangements for consultation with non-
governmental organizations which are concerned with matters within its competence." This enabled the council to consult
NGOs on any activity involving the promotion and protection of human rights.

Q: Mention some international NGOs and state activities they are engaged in on human rights.

Amnesty International focus on providing legal aid and assistance victims of torture and those wrongly convicted
of crimes. Through their website they also promote human rights by posting news that promote awareness on human
rights violations.

Q: What do you mean by NGOs as Ombudsmen?

NGOs function as Ombudsmen, safe-guarding human rights and calling the attention of the government on
violations through periodic reports, public statements participation in the deliberations established by intergovernmental
organizations
NGOs stimulate public opinions and initiation on the foundation of foreign policy of countries on matters
concerning the violation of human rights.

Q: Mention some of the NGOs in the Philippines and briefly discuss their roles in protecting and promoting human rights.

Like Amnesty International, the Philippine Alliance of Human Rights Advocates promote human rights by posting
news and reports that promote awareness of Human Rights violations.

The Medical Action Group, on the other hand, aside from posting news and reports, the actively promote human
rights by doing the following.
Organize/mobilize necessary resources for health services.
Maintain a resource center including books, manuals, audiovisuals and other educational materials
pertaining to health and human rights.
Publish a quarterly news magazine that carries news and information on the health and human rights
situation in the country and abroad.
Educate the beneficiaries on their right to health to help them participate in shaping an alternative health
care system.
Campaign for the abolition of torture as well as the welfare of the other beneficiaries.
Conduct fact-finding missions, exhumations and autopsy to victims of extrajudicial executions.
Monitor the health condition of workers in the picket line or farmers on hunger strike.

Q: In what way or ways do they help the Commission on Human Rights on its monitoring functions?

The Commission on Human Rights is mandated to conduct investigations on human rights violations against
marginalized and vulnerable sectors of the society, involving civil and political rights. To accomplish its functions, the CHR
accept reports from NGOs on violations of Human Rights. Similar to the United Nations, the CHR also consults NGOs to
monitor and reinforce Human Rights.

Q: What do you understand by "Development Aggression"?

Development Aggression is a term used by indigenous peoples to refer to development projects that violate their
human rights.
It refers to projects planned or progressed without free, prior and informed consent from an impacted local
community as required by international law, such as in the United Nations Declaration on the Rights of Indigenous Peoples.

Q; In what way or ways does "Development Aggression" violate human rights?

Development Aggression violates human rights because it displaces communities from cultural lands rightfully
theirs to another location for the sake of infrastructure and other industrial advancements
For example, the Lumad comprise the indigenous people living in Southern Mindanao. They have become refugees
in different parts of the country as they flee from escalating violence, rape, harassment and land-grabbing by mining and
other business interests taking over their territories.

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Chapter 9 Human Rights Education

Q: What do you mean by Human Rights Education?


System used for Training, Dissemination and Information Efforts aimed at building of universal culture of human rights.
Imparting of Knowledge and skills on the molding of attitude, which direct towards the strengthening the peoples respect
for human rights.
Provides the understanding, tolerance, gender equality and friendship among all nations including indigenous people and
racial, national ethnic, religious and linguistic groups.
Enables a person to participate effectively in a FREE society.

Q: What is the importance of Human Rights Education in the Philippines?


People will know when they are already violating the right of others.
People will know how they can protect, not only themselves but also the rights of others.
People will become aware of the duties they owe to others.
People will know when they may turn to for help.

Q: What sectors of the Philippine society should be educated first on human rights? Why?
Commission on Human Rights identified the following sectors that should be educated on Human Rights, which
are, Military Personnel, Police Officers and other Law Enforcement Agencies. The reason behind is that these government
sectors are the most prone to the violation of Human Rights.

Q: How should human rights education be given to the barangays?


CHR institutionalized Barangay Human Rights Action Centers to handle Human Rights education and enforcement
within the community. They are given basic program on Constitutional Provisions and Basic Provisions of the International
Instruments.

Q: Should human rights course be a part of the curriculum in schools? Why?


Yes. Human Rights education should start at the grass root level. Therefore, the best way to integrate it in our
education system is to include it in the curriculum of all learning institutions. Moreover, the young ones are more expected
to be receptive with Human Rights education.

Q: What methods are suggested for the teaching of human rights to school students? To college students? To adult citizens in barangays?
CHR Human Rights Module
Situational Example of Human Acts and how could there be possible Human Rights Violation
Question and Answer

Chapter 10 - Remedies for Enforcement of Human Rights Treaties and Laws

Q: What do you mean by remedies for enforcement of human rights?


For every right, there must be an effective remedy. These remedies are developed by the law making bodies in
which people may use to seek proper course of action in the event that their human rights have been violated.

Q: What are the forms of remedies available to human rights victims through:
a) United Nations Systems
a. Optional Protocol to International Covenant on Civil and Political Rights adopted in 1966 (Ratified by the
Philippines on August 22, 1989).
b. The International Covenant on Elimination of all Forms of Racial Discrimination (Ratified by the Philippines on
September 15, 1967).
c. Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (Ratified on June
18, 1986).
d. 1503 Procedure
b) Through International Tribunals
a. International Criminal Tribunal for Violations of Humanitarian Law
b. International Criminal Court (ICC) Rome Statute
c) Through National or Domestic Tribunals
a. Governed by Local State Policies

Q: May an individual file complaint for violations of human rights in United Nation bodies? Discuss.
Yes. An individual whose human right was violated may lodge his / her complaint to the United Nation bodies in
cases where the respondent is the Government. Provided that the respondent Government has ratified the Covenant and its
Optional Protocol. However, before an individual may lodge the complaint to the United Nation bodies, he / she shall need to
exhaust all the remedies available in his / her local state policies. In the event that the complainant is not satisfied with the
local remedy, the HRC established under the Article 28 of the Covenant will consider the complaint together with the
available evidence by both parties.

Q: What are the remedies for gross violations of Human Rights?


An individual may lodge his/her complaint with the International Criminal Tribunal

Q: Briefly state the jurisdiction and functions of the International Criminal Court.
The jurisdiction will only take effect after a state becomes a party and after the entry into force of the Statute.
Only until then that the ICC can exercise its jurisdiction.
It has the power to try individuals who violated international humanitarian law even if committed in an internal war.
Examples are:
Killing fields in Cambodia, Rwanda, Somalia and Sudan and recently the Ethnic cleansing in Yugoslavia.
The State Consent has no power in this jurisdiction.
A Military commander shall be criminally responsible for the crimes committed by a person pursuant to an order of the
Government

8
Q: Are there Human Rights courts in the Philippines?
None.

Q: Discuss the procedures on how a complaint for violation of Human Rights in the Philippines is filed.
BHRAO (Barangay Human Rights Action Officer) receives and process the complaints lodged by an individual
before their office and is the one responsible to asses should there indeed a Human Rights Violation or within the
jurisdiction of the CHR. Should there be a cause established under the jurisdiction of the CHR, the complainant will be
asked to provide documents and proofs for the case. At this stage, the CHR may start its investigation of the case.
However, in any case CHR is empowered by the Constitution to investigate on its own even in the absence of any
complaint, a Human Rights violation

Q: Discuss the role of the Barangay in the enforcement of Human Rights.


Barangay Officials being the governing bodies at the community level are the ones who always receive complaints
and disputes at the initial stage prior to any intervention of higher agencies or authorities. Together with the CHR and DILG,
they have instituted BHRAC, which empowers and systematize the Barangay system to handle local disputes the proper
way.

Q: What is the role of the Philippine Commission on Human Rights in the enforcement of Human Rights Laws? Cite concrete examples.
The Philippine Commission on Human Rights is a constitutional mandate, which is tasked to ensure effective and
efficient enforcement of Human Rights Laws. It is responsible for the Seminars, Trainings, Promotion, Dissemination and
sustainability of Human Rights education. One of the most significant accomplishments of the agency is its Initiative to
make a special Human Rights Education System for Military, Police and other Law Enforcement Agencies in which they
were recognized by UN & UNESCO. Some of the examples are:
Advocacy Courses on Human Rights and International Humanitarian Law (HR IHL)
Curricula for the Police / Jail personnel and Correction Officers.
Extensive Training Course for AFP, PNP, BJMP
Bi-Annual Publication of Human Rights Journal
Quarter release of Newsletter, Batingaw.
UDHR Booklet, in 4 Dialects (Tagalog, Kapangpangan, Ilokano, Cebuano)
Featured Stories of CHRs Accomplishments and Relevant News.
Tabloids, Magazines and Newspapers (published weekly)
TV Plugs including testimonies
Reproduction of Human Rights Sticker HR Protection Sticker
Other materials featuring current human rights issues
Creative Dance Workshop for Children
Research Studies:
Enhancing GO NGO Collaboration
Building alliance for Human Rights Legislation
HR-Social Reform for Disadvantageous Sectors including their service providers.
Dispute Resolutions
Union Perspective
CHR GO NGO Collaboration towards monitoring Philippine Government Compliance with
International Treaty Obligations on Human Rights.

Other may also cite Article XIII Section 18 of the Constitution CHR powers and function.
(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political
rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with
the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as
Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human
rights;

(6) Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of
violations of human rights, or their families;

(7) Monitor the Philippine Governments compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence
is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.