HUMAN RIGHTS

LAW
QUINNEE S. VALLEJOS
REPORTER
 CHAPTER II
HUMAN RIGHTS, ITS ATTRIBUTES,
ORIGIN AND THE THREE (3)
“GENERATIONS”

A. Meaning of Human Rights

B. Attributes of Human Rights
C. Origin of Human Rights
D. The Three (3) “Generations” of Human Rights
 Meaning of Human Rights

 The Preamble of Universal Declaration of

Human Rights (UDHR) mentions the
“inherent dignity and of the equal and
inalienable rights of all members of the
human family”.
 Not granted by the State, nor stemmed from
citizenship in a country.
 Rights which necessarily spring from being a
member of human species.
 Meaning of Human Rights

 Not purely governmental obligations, or

that the scope is limited to political
beliefs.
 Do not pertain to certain economic or
social rights of a particular exclusive
group of people.
 Meaning of Human Rights

RESULTS of Myopic View:

1. Human rights violations are committed by
state-agents who supposed to protect human
rights committed even by elements calling
themselves “human rights advocates”.
2. Many armed conflicts fought in the name of
freedom and human rights, and yet we see the
innocent and the peace-loving being deprived of
their rights and freedoms because of these so-
called “freedom wars”.
3. Possibility to address one aspect but at the same
time violate another.
Human Rights Law

is a broad field, includes the following:

1. relationship between men and government;

2. civil and political rights of the people;
3. economic, social and cultural rights.
4. right to development and a peaceful and clean
environment.
5. education, employment, health, family, and
marriage, among many others.
6. Every individual.
 B. ATTRIBUTES OF HUMAN RIGHTS

Human Rights have the following attributes:

1. Universal
a. Apply to all humans
b. Regardless of race, culture, age, sex, or creed
2. Inherent
a. All human beings are born with these rights; these are not conferred
by any authority.
3. Equal
a. Every human being has the same set of rights as any other. Article 1 of
the UDHR states that, “All human beings are born free and equal in
dignity and rights.”
4. Inalienable
a. Cannot be rightfully taken away from a free individual
b. While its exercise may be granted or restricted by law, its substance
cannot be taken away.
 C. ORIGIN OF HUMAN RIGHTS

 Gained considerable attention only after

World War II.
 Before, most government systems were
despotic/tyrannical in nature, the
Philippines is included.
C. ORIGIN OF HUMAN RIGHTS

1. RULERS/SYTEMS
- Datus and rajahs
- Spanish colonization
Despotic/Imperial System
= development of Hubris
syndrome

Despotic systems - Had rulers with vast powers,

exercising the roles of law maker, judge, landowner,
people-owner, high priest,

Imperial systems
- Rulers are like the son of God or a supreme deity.
C. ORIGIN OF HUMAN RIGHTS

2. Religions
Although some of the religions started off as refuge
from dictatorial regimes, some of them evolved into
dictatorship regimes. When some religions become
powerful, some of them became selfish, controlling,
manipulative and even brutal. In the medieval period,
religion was sometimes used as an instrument of
imperialism, to conquer not only lands but also the minds
of the people into submission. Several bloody crusades
were fought in the name of religion. In Europe and Asia,
there were religious officials who wielded so much power
not only in their church, but also in government and in
business.
C. ORIGIN OF HUMAN RIGHTS

2. Religions
Although some of the religions started off as refuge
from dictatorial regimes, some of them evolved into
dictatorship regimes. When some religions become
powerful, some of them became selfish, controlling,
manipulative and even brutal. In the medieval period,
religion was sometimes used as an instrument of
imperialism, to conquer not only lands but also the minds
of the people into submission. Several bloody crusades
were fought in the name of religion. In Europe and Asia,
there were religious officials who wielded so much power
not only in their church, but also in government and in
business.
 C. ORIGIN OF HUMAN RIGHTS

Transition Period

Late 1800’s and beginning of 1900’s

Science and education empowered more people and made
them more critical. The working class started to assert itself, and
the elite began to treat workers better. The transition was a
difficult time for both classes, and a lot of blood was shed to drive
home the point. Consequently, more liberal rulers emerged, and
more democratic government developed. The monarchies became
more people oriented, and commoners began occupying important
positions in government. The world started becoming more liberal
in its outlook and respectful of the individual’s freedom to think
and believe. Religions on the other hand, started accepting schools
of thought which otherwise would have been regarded as heresy
and outrageous. In fact, many religious educational institutions
could be credited for some of the early stages of human rights.
C. ORIGIN OF HUMAN RIGHTS

Transition Period

1920’s

The League of Nations was born, and the

concept of sovereignty, independence, and
interdependence were formalized among the
members of this family of nations. Yet, at that
time, human rights principles were not put into
writing, except for the outlawing of slavery and
giving assistance to the sick and the wounded in
times of war.
 C. ORIGIN OF HUMAN RIGHTS

Transition Period

After World War II

Issue of human rights took center stage.
The destructive effects of the wars impelled
leaders from different countries to come
together and forge an alliance to maintain
world order through the protection of human
rights.
 C. ORIGIN OF HUMAN RIGHTS

Transition Period

December 26, 1945 - the Charter of United Nations

was adopted.
December 10, 1948 - the United Nations General
(UNGA) adopted the Universal Declaration of Human
Rights. December 10 has since been observed as
International Human Rights Day. Other treaties and
protocols were thenceforth entered into by states.
At present - there are ten (10) core human rights
treaties.
 C. ORIGIN OF HUMAN RIGHTS

Transition Period

December 26, 1945 - the Charter of United Nations

was adopted.
December 10, 1948 - the United Nations General
(UNGA) adopted the Universal Declaration of Human
Rights. December 10 has since been observed as
International Human Rights Day. Other treaties and
protocols were thenceforth entered into by states.
At present - there are ten (10) core human rights
treaties.
D. THREE (3) “GENERATIONS” OF
HUMAN RIGHTS

1. First generation
2. Second generation
3. Third generation
 D. THREE (3) “GENERATIONS”
OF HUMAN RIGHTS
1. First generation human rights refer mostly
to the political rights and civil liberties found
in the International Covenant on Civil and
Political Rights (ICCPR), such as the
prohibition against searches and seizures,
interruption of peaceful meetings, or undue
intervention to the freedom of expression.
These are “negative” rights in the sense that
they prohibit the doing of something. They are
the “No one shall” rights.
 D. THREE (3) “GENERATIONS”
OF HUMAN RIGHTS
2. Second generation human rights are
“positive” rights that enjoin States to perform an
act or do something for the enjoyment of these
rights by the people. These are mostly economic,
social and cultural rights found in the
International Convention on Economic, Social
and Cultural Rights (ICESCR), such as the right
to work, to education and to food. They are the
“State shall” rights.
D. THREE (3) “GENERATIONS”
OF HUMAN RIGHTS

3. Third generation human rights are

newly emerging rights, such as the right to
development, the right of the people to live
in a clean environment, right to live in
peace, etc. these are also known as solidary
rights.
Thank You!!!