CHAPTER 5

SOLIDARITY/COLLECTIVE RIGHTS

PEACE, DEVELOPMENT, ENVIRONMENT

a) RIGHT TO PEACE
- Peoples have a sacred right to peace and
the preservation of the right of peoples to peace
and the promotion of its implementation
costitute a fundamental obligation of each
State. (Declaration on the Right of Peoples to
Peace, 1984)

b) RIGHT TO DEVELOPMENT
- DEVELOPMENT is a comprehensive,
economic, social, cultural and political process
which aims at the constant improvement of the
well being of the entire population and of all
individuals through their meaningful
participation. (Declaration on the Right to
Development, 1986)

- DEVELOPMENT is a process of
expanding freesoms that people enjoy and
requires the removal of major sources of
unfreedom like poverty, tyranny, poor economic
opportunitiesm systematic social deprivation,
neglect of public facilities, intolerance or
overactivity of repressive states (Amartya Sen,
Barua-Yap, 2003)

c) RIGHT TO ENVIRONMENT
- The global recognition that man has a
fundamental right to an environment that
permits a life of dignity and well-being became
explicit onlu in 1972 at theStockholm
Conference.

- Principle 1 of the Stockholm
Declaration states that Man has the
fundamental right to freedom, equality, and
adequate conditions of life, in an environment of
quality that permits a life of dignity and well-
being, and he bears a solemn responsibility to
protect and improve the environment for present
and future generations.

Women, children, persons with disabilities,
indigenous peoples

1.)Women
Women children, persons with
disabilities and indigenous peoples
are among the world's vulnerable,
disadvantaged and marginalized
groups of people or sectors.
Women- denial persistent denial of
their basic rights
This denial restrict their choices,increase
their vulnerability to violence and
make it difficult to obtain justice.
Examples
1. Death due to pregnancy and child
birth related causes
2. HIV
3. Gender-based violence kills and
disables women ages between 15-44
4. illiteracy
5. Women earns less than men
Core int'l human rights instruments that
pertain to women & rights
1. Declaration on the elimination of
discrimination against women
2. Convention on the political rights of
women
3. Declaration on the protection of
women and declaration on the
protection of women and children in
emergency and armed conflict
2.)Children
They are exploited,
abused,maltreated,deprived of
education,sold,subject to cruel
methods of punishment and
discriminated against.
They have rights because if their
vulnerability are in need of special
care ,attention and protection.
Convention On the Rights of children ( 3 basic
rights)
1. Right to survival
2. Right to develop to the fullest
3. Right to protection from harmful
influences,abuse snd exploitation
4. Right to participate fully in
family,cultural and social life
Prevention (2 optional protocols)
1. Optional protocol on the involvement
of children in armed recruitment and
requires the states to do everything
they can to prevent children under age
18 from taking direct part in
hostilities.
2. Optional protocol on the sale of
childrem, prostitution, and
pornography.

Persons with Disabilities
Art 1. UN convention on the rights of
persons with disabilities defines "
those who have long term physical,
mental ,intellectual or sensory
impairments, which in interaction
with various barriers may hinder them
full and effective participation in
society on an equal basis with others "
" those suffering from restriction or
different abilities, as a result of a
mental, physical or sensory
impairment , to perform an activity in
the mannet or within the range
considered " RA no. 7277, magna
carta for disabled)
50 million PWD in the world ; due to
war, unhealthy living, absence of
knowledge about disability ,its
causes,prevention and treatment
Discrimination because of lack of access
to essential services.
International instruments:
1. Declaration on the rights of mentally
retarded persons
2. Declaration on the rights of disabled
persons
3. Declaration on the rights of deaf-blind
persons
4. Principles for protection of persons
with mental illness and environmental
health care
5. Beijing declaration on rights of people
with disabilities
6. Convention on rights of persons with
disabilities.
INDIGENOUS PEOPLES
-Those that have historically belonged to a
particular region or country before its
colonization or transformation into a nation,
state and may have different often unique
cultural, linguistic, traditional, and other
characteristics to those of the dominant culture
of that region or state.

-They generally live in isolated areas
with poor access to basic social
services andlimited opportunities for mainstream
economic activities.

-They lack education.
-They have inadequate political
representation.

-The UN Declaration on the Rights of
Indigenous Peoples (2007) acknowledges
theurgent need to respect and promote the
inherent rights of indigenous peoples. Among
these rights are the rights to:
1. self determination
2. lands, territories, and resources
3. health
4.education
5.employment
6.housing
7.sanitation
8.social security and an adequate standard of
living
9.not to be subjected to assimilation or
destruction of their culture
10.practice and revitalize their cultural traditions
and customs.






CHAPTER 6
REMEDIES AND PROCEDURES FOR
RESPONDING TO HUMAN RIGHTS
VIOLATIONS AND HUMAN RIGHTS
ABUSES


HUMAN RIGHT VIOLATIONS
- These are acts committed by or at the
instigation of or with the consent of a public
official or other person acting in an official
capacity contrary to human rights law, causing
bodily or mental pain or suffering or death. They
occur wheof the state n state actors avuse or
deny basic human rights.

HUMAN RIGHTS REPARATION AND
RECOGNITION ACT OF 2013 (RA 10368)
- Any act or omission committed during
the period from September 21, 1972 February
25, 1986 by persons acting in an official
capacity and/or agents of the state f inlcudes
illegal search, arrest and/or detention , force or
intimidation etc.

CRIMES
- Transgressions or violations committed by
rebels, insurgents, non-governmental entities.
- Now also called as HUMAN RIGHT
VIOLATIONS based on Comprehensive
Agreement on respect for human rights and
respect for international humanitarian law.

REMEDIES
1. Domestic remedies
2. International remedies

DOMESTIC REMEDIES
- May take the form of CIVIL,
CRIMINAL AND ADMINISTRATIVE
REMEDIES

Civil and Penal Sanctions:
- Sec 12(4) Article III (Bill of Rights)
- Writ of Amparo
- The Rule on Writ of Habeas Data
- Rules of Procedure for Environmental cases

- The Human right victims may opt to file with
the commission of human rights whose task is
solely FACT FINDING INVESTIGATION.
After investigation, prosecution will be handled
by DOJ until the case is resolved by the court.

Administrative Remedies
- Sec 12(4) Article III (Bill of Rights)
- The revised administrative code of 1987
- The rule on the writ of amparo
- The Rule on Writ of Habeas Data

INTERNATIONAL REMEDIES
- Based on treaties and non-treaty procedures.
- Based on treaties - the mechanisms for the
enforcement of human rights are the reporting
requirement to ensure State compliance
with treaty obligations, the investigation of
treaty obligation communications to determine
breaches of treaty obligations and the
investigation, prosecution and the trial of human
rights violators under the ROME STATUE IF
INTERNATIONAL CRIMINAL COURT.

- Based on non-treaties - PUBLIC 1235, the
1503 Procedure.

THE REPORTING REQUIREMENT
- State Parties are generally required by the
treaties to periodically submit reports to the
SECRETARY GENERAL of The UN or to the
monitoring body of the treaty. These reports give
comprehensive account of the measures adopted
by the State parties to apply the provisions of the
UN CONVENTION. These also contain an
elaboration of the progress that the state parties
have achieved to fulfil their obligations under
the covenant concerned as well as the factors
and difficulties that may retard their progress.

Investigation of Communications

a.) most effective human rights complaints
system at the universal level
b.) under this procedure, only individuals and
not groups, NGOs or other legal entities may
submit a communication to the committee under
articles 1 and 2 of the optional protocol
c.) the committee's decisions on the merits of the
case are structured like court judgments




The International Criminal Court

a.) Rome statute establishing the international
criminal court is considered one of the most
ambitious international legal initiatives in the
history of modern law
b.) unlike the ICJ which deals with states the
ICC deals with and has the power to investigate,
prosecute and convict individuals.
c.) the ICC exercises international jurisdiction
over criminals
d.) three ways to initiate investigation by ICC:
state party will refer situation to Prosecutor,
security council will refer situation, prosecutor
will investigate motu proprio

The Public 1235 procedure

a.) allows debate during annual sessions the
question of the violation of human rights and
fundamental freedoms
b.) the commission may examine information
relevant to gross violations of human rights in
their public sessions

The Confidential 1503 Procedure

a.) confidential complaints procedure in order to
deal with communications indicating a
consistent pattern of gross and reliably attested
violations of human rights and fundamental
freedoms

b.) individual groups and organizations may
submit complaints to the Secretary General for
confidential examination

Special Country Rapporteurs and Thematic
Rapporteurs

a.) special country Rapporteurs- mandated to
report annually to the Commission on the
development of human rights situation in the
country for which they have been appointed,

b.) thematic Rapporteurs- may examine relevant
information from all reliable sources about
violations of human rights wherever they occur
in the world. They may also visit specific
countries with consent of the government
concerned
CHAPTER 7
PREVENTIVE MECHANISMS IN THE
FIELD OF HUMAN RIGHTS

Office of the UN High Commissioner for
Human Rights (OUNHCHR)
- Established 20 DEC 1993 after the 1993
World Conference on Human Rights.

- Mandated by the UN General Assembly
Resolution 48/141.

- Agency of the UN that works to promote
and prevent (abuse) of human rights
under:
a.) International law
b.) UN Declaration of Human Rights
Proactive & Preventive Responsibilities of
OUNHCHR
a.) Promotion and protection of the ff.
rights:
1.) Civil
2.) Cultural
3.) Economic
4.) Political
5.) Social

b.) Execution of tasks assigned by the
competent bodies of UN in the field of
human rights, submitting
recommendations based on their finding

c.) Promotion and protection of right to
development

d.) Provide advisory services, as well as
technical and financial assistance, at the
States request through appropriate
mechanisms and institutions

e.) Coordination of relevant UN education
and public information programs in the
field of human rights

f.) Play an active role in removing current
obstacles in meeting the challenges to
full realization of all human rights and
in preventing the continuation of human
rights violations on a global level.

g.) Engages in dialogues with governments
with respect to implementing the
OUNHCHR mandate.

h.) Enhance international cooperation for
the promotion and protection of human
rights

i.) Coordinate HR promotion and abuse
prevention activities Through HR
system

j.) Naturalization, adaptation,
strengthening, and streamlining of the
UN machinery in the field of human
rights to improve its efficiency and
effectiveness

k.) Overall supervision of the OUNHCHR
National Human Rights Institutions
- Organization established by national
governments for the protection and
promotion of HR.
Paris Principle
- Adopted in 1993
- Principles relating to the status and
functioning of national institutions.
- Provided the ff. minimum international
standards for the national institutions:
a.) Independence
b.) Broad HR mandate
c.) Inclusive and transparent election
and appointment process

- Activities:
a.) Call for national institutions to
promote and ensure the
harmonization of national
legislation
b.) regulation and practices with
international human rights
instruments which a State is a party
and their effective implementation
c.) Ratification of human rights
instruments
d.) Formulation of human rights
education and take part in their
execution.
Human Rights Education
- It is in this area that the national rights
institutions (i.e. Commission of Human
rights in the PH) can play its proactive
and preventive role in promoting respect
for HR
Protection of Human Rights Act 1993
- National Human Rights Commission of
India
- To conduct research and promote
awareness and education to encourage
involvement of NGOs and other
institutions.


Uganda Human Right Commission Act 4 1997
- Empowers Uganda HR Commission to:
a.) Establish a continuing programme of
research, education, and information
to enhance report for HR
b.) Formulate, implement, and oversee
programs intended to inculcate in the
citizens an awareness of their ng
civic responsibilities and appreciation
of their rights and obligations as free
people.
Non Governmental Organizations
- Have a long and glorious history of
upholding HR worldwide.
- Belonging to civil society that has been
in the forefront of the fight for liberty and
considered a pillar of democracy and the
overseer of governmental action (Retired
CJ Artemio V. Panganiban, 2011)
- Peoples organization which are bona fide
associations of citizens with demonstrated
capacity to promote the public interest and
with identifiable leadership, membership
and structure (1987 Constitution).
- Important and proactive role in promoting
healthy respect in the field of HR
education.
- This human rights education is
developing a human rights culture by
making people aware of their rights; of
their responsibility not to violate the rights
of others, and the possibilities of redress
including supporting individuals in
bringing cases whether with the national
system, or under regional or international
procedures (Rachel Brett, 1997).

International Human Rights In Context (Law,
Politics, Morals)
- Henry Steiner and Philip Alston (200)
- Acknowledges the NGOs pervade and
vital part of the HR regime by:
a.) Bringing out the facts, contribute to
standard setting
b.) Promote, implement, and enforce
human rights norms
c.) Spread the message and proceed with
speed, decisiveness and a range of
concerns impossible to imagine in
relation to most of bureaucratic and
politically constrained
intergovernmental organizations.
CHAPTER 8
THE JUDICIARY, THE ACADEME, AND
THE FAMILY ON BUILDING A HUMAN
RIGHTS CULTURE

Human Rights Culture
- A shared communitarian belief in the
inherent dignity and of the equal and inalienable
rights of all members of the human family.
- A shared consensus that the dignity and
worth of every human person can be upheld and
honoured if the State and non-State actors
undertake efforts and initiatives to uphold and
honor human rights.

Joey Ayala Lasso
- first United Nations High Commissioner
for Human Rights
- his argument for the development of a
human rights culture:

Convinced that the development of a
culture of human rights throughout the
world is one of the most important
contributions that can be made to future
generations.
The foundation of this culture is
enshrined in the principles of the
Universal Declaration.
A culture of human rights would result
to a profound change in how
individuals, communities, states and the
international community view
relationships in all matters.
Such a culture would make human
rights as much a part of the lives of
individuals as are language, customs, the
arts, faith and ties to place.
In this culture, human rights would not
be seen as a job of someone else, but
the obligation and duty of all.



THE JUDICIARY

Philippine Judiciary
- A key player in the development of human
rights culture.

- through its its duty to settle actual
controversies that involve rights which are
legally demandable and its duty to determine
whether a grave abuse of discretion has been
committed by any branch or instrumentality of
the Government, the Judiciary can be a potent
agent to overcome marginalization,
impoverishment, discrimination and inequality.

- through its power to promulgate rules
concerning the protection and enforcement of
human rights, the Judiciary can eliminate
injustice of various stripes (economic injustice,
political injustice, and social injustice) and
advance the horizontal and vertical frontiers of
human rights.

- through its symbolic or teaching function, it
can educate and enlighten the members of the
bar, litigants, the law students and the public
about the majesty and efficiency of human
rights.

The International Commission on Jurists in a
conference on Development, Human Rights
and the Rule of Law (1981)
- it recognizes the important role of the
Judiciary in promoting, safeguarding and
advancing human rights.

- it declared that the:
Rule of Law - is a dynamic concept for
the expansion and fulfillment of which jurists
are primarily responsible and which should be
employed not only to safeguard and advance the
civil and political rights of the individual in a
free society, but also to establish social,
economic, educational and cultural conditions
under which his legitimate aspiration and dignity
may be realized.





The Role of the Judiciary in Plural Societies
It was the theme of the discussion in a
workshop held at Kenya(1985) of the
justices, lawyers, legal scholars and
social scientists.

They consensually agreed that: Judicial
Activism- is an important strategy to
overcome all forms of oppression,
exploitation, impoverishment,
unjustifiable in any model of social
development in Africa and Asia.

Participants added that Judicial
Activism, encouraged by social action
litigation, inspired by constitutional
values, may be regarded as a vital
human technology for social change in
impoverished society.

The Supreme Court of the Philippines
- in its many decisions on human rights
and through its three rules promulgated are
immensely contributing to the building of the
edifice of human rights culture in the Philippines
and in the world.

Human Rights Cases
Stonehill v. Diokno
Oposa v. Factoran
The Secretary of National Defense v. Manalo
MMDA v. Concerned Residents of Manila Bay

Three Rules Promulgated by the Supreme
Court
- The Rule on the Writ of Amparo
- The Rule on the Writ of Habeas Data
- The Rules of Procedure for
Environmental Cases

Chief Justice Roberto Concepcion
- on the role of Judiciary in building a
human rights culture:
The Supreme Court now exercise the
power of administrative supervision over all
courts and the personnel thereof.
As a consequence, the Supreme Court is
now called upon to blaze new trails, and the
Philippine Bench, as well as the Bar and the
people in general, are looking forward to
administrative decisions and precedent setting
decisions tending to bolster up the independence
of justice and otherwise foster the peoples faith
in our courts of justice as instrumentalities of
their welfare.

THE ACADEME
- a key player in the building of a human
rights culture in the Philippines.
- Article XIV of the 1987 Constitution of
the Philippines reflects its recognition of the
important role if the Academe where it provides:

xxxSection 3.
1. All educational institutions shall include
the study of the Constitution as part of the
curricula.
2. They shall inculcate patriotism and
nationalism, foster love of humanity, respect for
human rights, appreciation of the role of
nationak heroes in the historical development of
the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual
values, develop moral character and personal
discipline...."

The 1987 Constitution
-often referred to as human rights
constitution; taught in colleges and universities

Human Rights Law
Taught in all law schools effective
schoolyear 2013-2014

Bolstering the study of human rights in
the schools is the establishment of
centers and institutes of human rights
and social justice and the foundation of
student human rights organizations in
many colleges and universities, here and
abroad.

Some schools abroad have summer
human rights externships programs
where law students are given an
opportunity to spend the summer
working with human rights
organizations, human rights attorneys or
UN bodies.



The program provides invaluable
practical human rights insights and
hands-on-training for the students and
assistance to host offices and
organizations.

Schools, Centers and Institutes
- a rich resource of human rights
creativity
Can undertake:
Human rights field trips
Human rights boot camps
Human rights exchange
programs for students, domestically or
internationally
Human rights cultural shows
and art exhibition
Human rights dialogue between
government, UN officials and students
Human rights debate/moot court
competition, etc.

THE FAMILY
- (last but not the least) contributor in the
building of a human rights culture
- The 1987 Constitution acknowledges
the importance of the family in its inclusion if
Article XV entitled "The Family".

Section 1: Filipino family as the
foundation of the nation
Section 2: marriage as an inviolable
social institution and the foundation of
the family
Section 3: the State's obligation to honir
and defend the right that pertain to
spouses, children, family or familya
associations and the elderly

The aphorism"values are caught not taught"
- carry a lot of insight
- posed a moral challenge to spouses vis--vis
their children
In school, children learn by instruction.
At home, they learn by transmission.

Proverbs 22:6
"Train up a child in the way he should
go and when he is old, he will not depart
from it."

First hands-on lessons related to the following
that can be caught at home:
Right to education
Right to food
Right to culture
Right to health and nutrition
Right to water
Freedom of expression
Equality
Due process
Justice
Right to worship
Good governance
Accountability
Integrity and love

George Benson teaches:
"Great ideas and fine principles do not live
from generation to generation just because they
are good, nor because they have been carefully
legislated. Ideals and principles continue from
generation to generation only when they are
built into the hearts of children as they grow
up." (Dosick, 1995, p. 191)