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HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

HUMAN RIGHTS KINDS/ CLASSIFICATIONS

1. According to Historical Development


DEFINITION
a. 1st Generation Rights
Is the right that is believed to belong justifiably to every person. They
i. Civil Rights – taxation, to vote, freedom of expression, life,
are rights inherent to all human beings, whatever our nationality, place of
liberty, property
residence, sex, national or ethnic origin, color, religion, language, or any other
ii. Political Rights – due process, fair trial, presumed innocent
status. We are equally entitled to our human rights without discrimination.
etc (Bill of Rights)
These rights are all interrelated, interdependent and indivisible.
b. 2nd Generation Rights
i. Economic Rights
CHARACTERISTICS
ii. Social Rights
1. Inalienable iii. Cultural Rights
 cannot be taken away from us c. 3rd Generation Rights
2. Inherent - Rights enjoyed in a collective manner

 part of who we are or reason of our existence - Right to a healthy environment, Rights of Indigenous

 not given to us but it belongs to us People, Covenants/Conventions, Treaties, Writ of

 birth rights and no laws necessary to possess it Kalikasan

3. Universal
 Same regardless of race, color, sex and religion 2. According to Positive or Negative Rights
4. Indivisible and Interdependent NEGATIVE RIGHTS
- State are obligated to refrain from doing something
 Cannot be divided or compartmentalized
Example
 Article 3, 1987 Constitution, “No law shall...”

Page1 Notes by: Rob Jane M. Solito


Bukidnon State University – College of Law
2018
HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

IMPORTANT HUMAN RIGHTS LEGAL DOCUMENTS


POSITIVE RIGHTS
- Government is mandated to do something or to take action to 1. Magna Carta of 1215
fulfil the rights.
- King Jhon of Finland
Example - Feudal Lords and King Jhon – Agreement – Magna Carta
 Right to basic healthcare - No taxes without consent of Kingdom
 right to home - No Imprisonment if no Judgment
 International Covenant on Economic, Social and Cultural
rights
2. English Bill of Rightss
- Rights against cruel and Unreasonable Punishment
3. Absolute or Relative - Right to Bail
- Parliament of England Passed
Absolute or non-derogable rights
 Fundamental that cannot be inferred with circumstances. As 3. American Declaration of Independence
long as within the realm of thoughts - Writen by Thomas Jefferson
 Freedom from slavery, freedom from torture, freedom from - Right to Life, Liberty and Pursuit of Happiness
religion - All men are created equal
Relative or derogable rights 4. American Constitution
 Rights that may be interfered with active circumstances
 Martial Law (Rights against warrantless arrest allowed.

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Notes by: Rob Jane M. Solito
Bukidnon State University – College of Law
2018
HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

INTERNATIONAL LAW VS HUMAN RIGHTS LAW Principle in International Law: PACTA SUNT SERVANDA
International Humanitarian Law and International Human Rights Law
- Every treaty enforced is binding by the parties and must be performed in
are two distinct but complementary bodies of law. They are both concerned
good faith
with the protection of the life, health and dignity of individuals. IHL applies in
- A latin term which means agreements must be kept. It is the principle in
armed conflict while human rights law applies at all times, in peace and in war.
international law which says that international treaties should be upheld
by all the signatories. The rule of pacta sunt servanda is based upon the
INTERNATIONAL LAW SOURCES principle of good faith.

1. Treaties or Covenants or Conventions


INTERNATIONAL BILL OF HUMAN RIGHTS
- Bilateral Agreement : Agreement between two states
Consists of the following:
- Multilateral Agreement : Multiple Countries signed
o Universal Declaration of Human Rights
2. Customary International Law o International Covenant on Civil and Political Rights with its two
- Principles derived from actual practice of states Optional Protocol
- Not writer, but recognized/practiced (General & Consistent o International Covenant on Economic, Social and Cultural
Practice) Rights.
3. General Principles of Law Recognized by Civil Nations

4. Statute of International Courts of Justice (ICJ)

Page3 Notes by: Rob Jane M. Solito


Bukidnon State University – College of Law
2018
HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

SCOPE OF JURISDICTION OF THE COMMISSION FOR HUMAN RIGHTS Opinion:


1. To take cognizance of and investigate on its own or on complaint by any Definition of marriage changes through time. Homosexuality is no
party, all forms of violations and abuses involving civil and political longer a crime, but Article 1 of the Family Code defines marriage as between a
rights man and a woman.
2. To monitor Philippine Government’s compliance with International It is also a violation to the Equal Protection Clause because same sex
Human Rights treaties, including couples were not given the same treatment as opposite sex couples.

 Government actions, the manner and/or means of


implementation/application of Human Rights related 4 PRINCIPLES; No reason not to apply Same Sex Marriage:
principles, norms and standars in relation to the State  Right to marry is inherent in the concept of individual autonomy
obligations to RESPECT, PROTECT and FULFILL the human
 Right to marry is fundamental because it supports 2 persons union
rights of all person unlike any other in its importance to the committed individuals
 Right to marry safeguards children and families and thus draws
meaning from related rights of childrearing, procreation, and
OBERGEFELL CSE IN RELATION TO SAME SEX MARRAIGE education.
Petitioners – gay couple  Right to marry is a keystone of the Nation’s social order.
Couple 1 – not allowed to be written as the spouse – death certificate
Couple 2 – not allowed to adopt for insurance purposes
Couple 3 – soldier’s partner was not allowed to receive benefits Dissenting opinion:
Petitioners wanted to marry – assailed the statute of not being allowed to marry  Decision must vary between states,
 It should be the congress of the states to change definition of marriage

Page4 Notes by: Rob Jane M. Solito


Bukidnon State University – College of Law
2018
HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

SAJIN CASE IN RELATION TO THE EXERCISE OF FREEDOM OF RELIGION PESTAÑO CASE


European Convention on Human Rights (ECHR) found that Turkey did  Philippine Government violated Article VI of ICCPR, the right to life.
not violate Sajin’s Rights. Decision by ECHR is the same with the principle of  Philippine Government violated Article III (8) of ICCPR because
International Covenant of Civil and Political Rights (ICCPR) government did not provide on effective remedy to Pestaño’s family
Interference was justified on the following grounds: (Requisites)
1. PRESCRIBED BY LAW (There was a circular issued) PRINCIPLE OF PROGRESSIVE REALIZATION OF ECONOMIC, SOCIAL AND CULTURAL
2. FOR A LEGITIMATE PURPOSE (Turkey is a European Secular
RIGHTS
State)
Art 2 of the ICESCR, states, “Each State Party to the present Covenant
3. NECESSARY IN THE DEMOCRATIC SOCIETY (It was to avoid
undertakes to take steps, individually and through international assistance and
violence and maintain public order)
co-operation, especially economic and technical, to the maximum of its
4. PROPORTIONALITY OF THE MEANS EMPLOYED (States have
available resources, with a view of achieving progressively the full realization
freedom to put up measures to regulate)
of the rights recognized in the present covenant by all appropriate means,
including particularly the adaptation of legislative measures”
Dissenting opinion: This article implies that state signatories may be unable to fulfil these
 It wasn’t shown that wearing of headscarf would incite violence. rights because of resource constraints. Unlike the ICCPR, which obligates
 Wasn’t shown that Sajin was forced to wear headscarf. Hence, equality states to take immediate action, the parties to this covenant are only obliged to
between men and women was not violated. take steps towards fulfilment of these rights.
The principle of progressive realization has often been thought to render the
covenant useless, particularly for developing countries where resource
constraints are an issue.

Page5 Notes by: Rob Jane M. Solito


Bukidnon State University – College of Law
2018
HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

SIMON V CHR CASE R.A 9344 “THE JUVENILE JUSTICE AND WELFARE ACT OF 2006”
CHR seizes order to prohibit Quezon City to demolish sari-sari store RA 9344 acknowledges the fact that most of the CICL have no proof of
along the road. age by presuming minority until otherwise proven.
It was held that CHR has no power and cannot issue TRO because it is The Act says that children 15 years of age and under are exempt from
not a court or a quasi-judicial body. Its function is only to investigate as to the criminal liability and those above 15 (plus one day) and below 18 years of age
civil and political rights of the people. are exempt unless they act with discernment -which is defined as the mental
capacity to understand the difference between right and wrong and its
KAREN VERTIDO CASE IN RELATION TO CONVENTION ON THE ELIMINATION OF consequences. A CICL who is 15 years or younger may be held civilly liable and

ALL FORMS OF DISCRIMINATION AGAINST WOMAN (CEDAW) has to undergo an intervention program, same as children that are above 15

It was alleged that filling rape case is easy. years and below 18 years and acted without discernment. Children above 15

And there was Gender Stereotype on the following grounds that must be and below 18 years old who have committed a crime – with discernment –

eliminated according to CEDAW: punishable with not more than 12 years of imprisonment shall undergo
diversion. Detention should only be considered as a last resort and only for the
 Only timid girls get raped
shortest appropriate period. It should always be in youth detention homes.
 She did not shout and asked for help
If a child is under 18 years old during the time of commission and found
 The victim and accused knows each other
guilty of the crime the judgments will not be pronouncedyet and the sentence
 Accused is older so he cannot successfully commit rape
will be suspended – but not without limits.
RA 9344 decriminalizes offences, which discriminates only against a
child as curfew violations, truancy and parental disobedience and exempts
children from crimes of vagrancy, prostitution, mendicancy and sniffing rugby.
The implementation of the law relies in many aspects on the local
government units. They also are mandated to formulate a Comprehensive
Juvenile Intervention Program

Page6 Notes by: Rob Jane M. Solito


Bukidnon State University – College of Law
2018