HUMAN RIGHTS CONCEPTS

By: former CHR Commissioner Wilhelm Dabu Soriano

SENATOR JOSE W. DIOKNO:

No cause is more worthy than the cause of human rights. Human rights are more than legal concepts; they are the essence of man. They are what make man human. That is why they are called human rights. Deny them and you deny man's humanity.

PREAMBLE
We, the sovereign Filipino people, imploring the
aid of Almighty God, in order to build a just and humane society, and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution

US of A PREAMBLE
We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defence, promote general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States

MARCELO H. DEL PILAR:

The perfection of humanity is not possible without freedom for the individuals. Thus, the existence of social institutions and all political organizations are justified insofar as they have for their primary aim the defense and protection of freedom.

Likewise, the same constitution declares that sovereignty resides in the people and all government authority emanates from them (Art. II, Sec 1). It is affirmed that every Filipino citizen is an individual repository of sovereignty.

JUSTICE JOSE LAUREL:

an enfranchised citizen is a particle of popular sovereignty and is the ultimate source of established authority. The citizenry and not the officialdom is recognized as the origin, and therefore also the restriction, of all government authority.

UNITED NATIONS
defines human rights as: those rights that are inherent in our nature and without which we cannot live as human beings. Human rights are freedom and entitlements inherent to all human beings.

Human rights are also defined as legal and moral entitlements that have evolved as a basis for constructing how state power is used and particularly to limit its use against the rights of the citizens

French philosopher

JEAN JACQUES MARITAIN

stressed why man has rights.
The human person, he said, possesses rights because of the very fact that it is a person, a whole, master of itself, and of its acts, and which consequently is not merely a reason to an end, but an end which must be treated as such.

POPE JOHN XXIII

in his papal encyclical declares:

any human society, if it is to be wellordered and productive, must lay down as a foundation, this principle, namely, that every human being is a person, that is, his nature is endowed with intelligence and full will.

HISTORICAL DEVELOPMENTS

Natural rights 2. The rights of Man 3. Human Rights

1.

PREAMBLE OF UNIVERSAL DECLARATION OF HUMAN RIGHTS:

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

ARTICLE 2 OF ICCPR
provides that:
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, 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.

The rights under the two covenants are as follows:

Civil rights Political rights Economic and Social rights Cultural rights

CIVIL RIGHTS
-

rights appertaining to a person by virtue of his citizenship in a State. Such term may also refer to those rights that the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means to happiness.

CIVIL RIGHTS
- They include the rights of property, freedom of contract, marriage, and equal protection of the laws.

POLITICAL RIGHTS
consist of the power to participate, directly or indirectly, in the establishment or administration of government, such as the right of citizenship, that of suffrage, the right to hold public office, and the right to petition the government for redress of grievances.

ECONOMIC AND SOCIAL RIGHTS

rights that the law confers upon the people to enable them to achieve social and economic development, thereby ensuring their well-being, happiness and financial security.

CULTURAL RIGHTS
those rights that ensure the well-being of an individual and that foster the preservation, enrichment, and dynamic evolution of national culture based on principle on unity in diversity and under a climate of free artistic and intellectual expression.

CHARACTERISTICS OF HUMAN RIGHTS

Universality Indivisibility Inter-relatedness Inter-dependence.

UNIVERSALITY
Human rights are universal because they are for everyone and everywhere. Universality means the internationally-recognized human rights are the basic core minimum to be observed everywhere, without regional differences.

It means that, as a minimum, all governments should adhere to and implement internationally-recognized standards of human rights.

Governments do not have the discretion to decide which rights they will observe and which they will not.

INDIVISIBILITY, INTER-RELATEDNESS AND INTER-DEPENDENCE

Indivisibility means that human rights cannot be divided or fragmented among a country's constituents.

Indivisible, Inter-related and Interdependence means that civil and political rights, economic, social and cultural rights are interrelated and are co-equal.

They form an indivisible whole and only if these rights are guaranteed that an individual can live decently and in dignity.

Among them are:

1.

2.

3.

4.

International Covenant on Civil and Political rights International Covenant on Economic, Social and Cultural rights International Convention on the Elimination of All Forms of Racial Discrimination International Convention on the Elimination of All Forms of Discrimination Against Women

5. 6.

7.

8.

9.

Convention of the Rights of the Child Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Convention on the Protection of All Migrant Workers and Members of their Families Convention on the Suppression of Trafficking of Persons and the Exploitation of Others Convention on the protection of the rights of all migrant workers and

THREE STAGES
Idealization means the notions about human rights have started in the realm of ideas that reflect a consciousness against oppression, dehumanization or inadequate performance by the State

Positivization is the second stage where support for the ideas became strong and the stage is set to incorporate them into some legal instruments, whether domestic or international
Realization is the last stage where these rights are enjoyed by the citizens of the State by the transformation of the social, economic, and political order

Article II, section 2, Philippine Constitution

The Philippine renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace. Equality, justice, freedom, cooperation and amity with all nations

Article 3 of ICCPR provides Each party to the Covenant undertakes:

To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons claiming in an official capacity;

To ensure that any person claiming such remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by legal system of the State, and to develop to possibilities of judicial remedy;

To ensure that the competent authorities shall enforce such remedies when granted.

DOMESTIC REMEDIES:
1. 2.

criminal prosecution, like torture; civil actions for damages under Article32 of the Civil Code (which is separate and independent from the civil liability that arises from criminal liability under Article 100 of the Revised Penal Code); and administrative case if the violator is a government official.

3.

MECHANISMS FOR THE ENFORCEMENT OF HUMAN RIGHTS

1.

2.

3.

the reporting requirement to ensure State compliance with treaty obligations; the investigation of communications (complaints) to determine breaches of treaty obligations; and the investigation and prosecution, and trial of human rights violators under the Rome Statute of the International Criminal Court.

PROCEDURES USED BY THE UN

TO ADDRESS VIOLATIONS

Confidential consideration of a situation under the 1503 Procedure;

Public debate under the 1235 Procedure, which may lead to the appointment of a Special Rapporteur, a Special Representative of the UN Secretary-General, or some other designated individual or group to investigate a situation;

The designation of a thematic Rapporteur or Working Group to consider violations anywhere relating to a specific theme, such as extra-legal killings, enforced disappearances, and torture.

A broad range of outcomes might follow the identification of a serious country situation by a government or an NGO within the framework of the 1235 Procedure. They include:
1.

2.

The mere mention of a situation in the debate might embarrass a country and its national leaders, referred to as the sanction of shamming; The sanction of shamming may generate media coverage in the international community;

3.

An NGO may use the occasion to pressure concerned government to take up concrete steps;
The UN Commission on Human rights may issue a statement of exhortation; Call upon the concerned government to respond to all the allegations in detail and in writing

4.

5.

6.

Appoint a Special Rapporteur to visit the State and examine the situation and submit report thereof; Adopt a resolution criticizing the concerned government and calling upon the government to take specific measures; Call upon the Security Council to take up the issue, with a view to considering the adoption of sanctions or some other punitive measure.

7.

8.

MAKE ALL HUMAN RIGHTS FOR ALL, A REALITY.

END