Human Rights by Rene V.

Sarmiento Reviewer  2nd Gen of Economic, Social and Cultural rights aka 2nd generation of
equality rights
INTRODUCTION o people realized that possession of first generation of liberty rights
 Human Rights law – branch of public law that deals with the body of laws, would be valueless without the enjoyment if economic, social and
rules, procedures, and institutions designed to respect, promote and cultural rights
protect human rights and the national, regional and international levels o struggle against Comlonialism, Socialism and encyclicals of the
 UN Charter Pope
o reaffirm faith in fundamental human rights, in the dignity and o ex
worth of the human person, in the equal rights of men and  right to work
women and of the nations large and small  right to social security
o to promote social programs and better standards of life in larger  right to form and to join trade unions
freedom  right to education
 1987 Constitution Article 2 Sec 11  right to rest and leisure
o State value the dignity of every human person and guarantees  right to health
full respect for human rights  right to shelter
 1984 Universal Declaration of Human Rights  3rd Gen Solidarity or Collective rights aka 3rd generation of solidarity rights
o basic source of human rights o benefits individuals, groups and people
o realization will need global cooperation based on international
CHAPTER 1 THE NATURE OF HUMAN RIGHTS solidarity
o examples
Definition  right to peace
 aggregate of privileges, claim, benefits, entitlements and moral  right to development
guarantees that pertain to man because of his humanity  environmental rights
 system of values or elements which are inherent to human dignity  right of self determination
 why does man have rights? human person possesses rights because of  right to food
the very fact that it is a person, a whole, master of itself and of its acts  rights of women
and which consequently is not merely a reason to an end but an end  rights of children
which must be treated as such
 right to humanitarian disaster relief
 connection between a human person and his possession of his rights -
 right to water
any human society if it is to be well ordered and productive must lay
down as a foundation the principle that ever human being is a person,
Principles
and that his nature is endowed with intelligence and full will. By virtue of
 Universality
this he has rights and duties flowing directly and simultaneously from his
very nature o rights belong to and are to be enjoyed by all human beings
without distinction of any kind, such as race, color, sex or
 legal and moral entitlements that have evolved as a basis for
language, religion, political and other opinion, national or social
constructing how state power is used and particularly to limit its use
origin, property , birth or other stature
against the rights of citizens
o HR belongs to everyone wherever they are because they are
human beings endowed with dignity
Kinds/ Generation of Rights Karl Vask’s division follows the French Revolutions
o Internationally recognized human rights are the basic core
slogans – Liberty Equality Fraternity
minimum to be observed everywhere without regional differences
 1st Gen of Civil and Political Rights aka 1st gen of liberty rights
o HR belongs to everyone, everywhere by virtue of being human
o individual rights against the state and are partly seen as negative
o no one, no group, no place in the world should be denied the
o due to the development of democratic society
enjoyment of human rights
o serves as the protection of the individuals form arbitrary exercise
 Indivisibility and Interdependence
of police power
o first generation of liberty rights and second generation of equality
o examples
rights are inter related and are co equal in importance
 right to life, liberty and security of person
o forms an indivisible whole and only if these rights are guaranteed
 right against torture
that an individual can live decently and in dignity
 right to equal protection against discrimination
o international community must treat human rights in equal
 right against arbitrary arrest and detention
manner, same footing and same emphasis
 right to a fair and public hearing by an independent and o we cannot enjoy civil and political rights unless we enjoy
impartial tribunal economic, cultural and social rights  must enjoy economic
 right to be presumed innocent until proven guilty cultural and social rights (equality) to be able to enjoy civil and
 right to privacy, freedom of opinion and expression political rights (liberty)

Characteristics
 Inherent
o rights are the birthright of all human beings
o exists independently of the will of either individual human being
or group
o not obtained and granted through any human action or
intervention
o when one is born, he carries with them these rights, they cannot
be separated or detached from him
 Inalienable
o no person can deprive any person these rights and no person can
repudiate these rights by himself
o rights cannot be subject of the commerce of man
 Universal
o rights belong to every human being no matter what he or she is
like
o promotion and protection are the duty of all states, regardless of
cultural, economic or political systems
Stages
 Idealization
o 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
o support for the ideas become strong
o stage is set to incorporate them in o some legal instrument,
whether domestic or international law
 Realization
o last stage where these rights are enjoyed by citizens of the state
by transformation of the social economic and political order
Three Obligations of Stage Parties to International Covenants
 Respect - art 2(1) of the International Covenant on Civil and Political
Rights
o indicates that the negative character of civil and political rights
o commands State Parties to refrain from restricting the exercise of
these rights where such is not expressly allowed
 ex. Act 7 of ICCPR – prohibits torture in absolute terms
under all circumstances
 provisions which prohibit only arbitrary interference
 Art 6(1) right to life
 Art 17 right to privacy
 provisions which authorize the state parties to impose
restrictions political freedoms in Art. 18 – 22
 Ensure – art 2(1)
o positive character of civil and political rights and economic social
and cultural rights
o state parties must be proactive to enable individuals to enjoy
their rights
o obligation to adopt executive, judicial and legislative measures to
provide an effective remedy to victims of human rights violators
under
o safeguard certain rights by means of procedural guarantees and
legal institutions
 Protect
o preventing private individuals, groups or entities from interfering
with the individuals civil and political rights
o horizontal efforts (application of human rights between
individuals or other private subjects) depend on the wording of
such rights
o ex. of provisions which apply on the horizontal level
 prohibition of slavery
 prohibition of advocacy of racial hatred
 right to protection of law - need to take positive means
to protect children, family and rights to life liberty and
equality
Powers and functions of the Commission under the 1987 Constitution
Investigate, on its own or on complaint by any party, all forms of human
rights violations involving civil and political rights
Adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court;
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;
Exercise visitorial powers over jails, prisons, or detention facilities;
Establish a continuing program of research, education, and information to
enhance respect for the primacy of human rights;
Recommend to the Congress effective measures to promote human rights
and to provide for compensation to victims of violations of human rights,
or their families
Monitor the Philippine Government's compliance with international treaty
obligations on human rights;
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;
Request the assistance of any department, bureau, office, or agency in
the performance of its functions;
Appoint its officers and employees in accordance with law; and
Perform such other duties and functions as may be provided by law.
CHR is not a quasi- judicial body
not meant by fundamental law to be another court or quasi-judicial
agency
most that may be conceded to the Commission in the way of adjudicative
power is that it may investigate, receive evidence and make findings of
fact as regards claimed human rights violations involving civil and
political rights.
fact finding is not adjudication, and cannot be likened to the judicial
function of a court of justice, or even a quasi-judicial agency or official.
CHR’s investigative power
 Section 18, Article XIII, of the 1987 Constitution - empowers the
Commission on Human Rights to "investigate, on its own or on complaint
by any party, all forms of human rights violations involving civil and
political rights"
Application to the case
 what are sought to be demolished are the stalls, sari sari sotres and
carinderias as well as temporary shanties, erected by private respondents
on a land which is planned to be developed into a "People's Park".
 the land adjoins the North EDSA of Quezon City which is a busy national
highway.
 The order for the demolition of the stalls, sari-sari stores and carinderia of
the private respondents do not fall within the compartment of "human
rights violations involving civil and political rights" intended by the
Constitution.
CHR Contempt powers
 constitutionally authorized to "adopt its operational guidelines and rules
of procedure, and cite for contempt for violations thereof in accordance
with the Rules of Court."
 CHR acted within its authority in providing in its revised rules, its power
"to cite or hold any person in direct or indirect contempt, and to impose
the appropriate penalties in accordance with the procedure and sanctions
provided for in the Rules of Court."
 That power to cite for contempt should apply only to violations of its
adopted operational guidelines and rules of procedure essential to carry
out its investigatorial powers.
 power to cite for contempt could be exercised against persons who refuse
to cooperate with the said body, or who unduly withhold relevant
information, or who decline to honor summons, and the like, in pursuing
its investigative work.
CHR cannot issue an order to desist
 not investigatorial in character but prescinds from an adjudicative power
that it does not possess.
 The constitutional provision directing the CHR to "provide for preventive
measures and legal aid services to the underprivileged whose human
rights have been violated or need protection" may not be construed to
confer jurisdiction on the Commission to issue a restraining order or writ
of
 "preventive measures and legal aid services" mentioned in the
Constitution refer to extrajudicial and judicial remedies which the CHR
may seek from proper courts on behalf of the victims of human rights
violations.
 CHR has no jurisdiction to issue the writ
o may only be issued "by the judge of any court in which the action
is pending
 Commission does have legal standing to indorse, for appropriate action,
its findings and recommendations to any appropriate agency of
government.
Human Rights
basic rights which inhere in man by virtue of his humanity
 same in all parts of the world,
 include civil rights,
o such as the right to life, liberty, and property; freedom of speech,
of the press, of religion, academic freedom, and the rights of the
accused to due process of law;
 political rights,
o such as the right to elect public officials, to be elected to public
office, and to form political associations and engage in politics;
 social rights,
o such as the right to an education, employment, and social
services.
 entitlement that inhere in the individual person from the sheer fact of his
humanity.
 not granted by the State but can only be recognized and protected by it.
 Universal Declaration of Human Rights.
o International Covenant on Economic, Social and Cultural Rights
and
o International Covenant on Civil and Political Rights,
 part of his natural birth, right, innate and inalienable.
Civil Rights
 belong to every citizen of the state or country, or, in wider sense, to all its
inhabitants, and are not connected with the organization or
administration of the government.
 rights of property, marriage, equal protection of the laws, freedom of
contract, etc
 rights appertaining to a person by virtue of his citizenship in a state or
community.
 rights capable of being enforced or redressed in a civil action.
 guarantees against involuntary servitude, religious persecution,
unreasonable searches and seizures, and imprisonment for debt.
Political Rights
 right to participate, directly or indirectly, in the establishment or
administration of government,
 right of suffrage,
 right to hold public office,
 right of petition and,
 rights appurtenant to citizenship vis-a-vis the management of
government.
3. OPOSA V. FACTORAN 224 SCRA 792 1993 - ALEX
Facts: The principal plaintiffs are minors duly represented and joined by their
parents. They are joined by Philippine Ecological Network Inc. Plaintiffs are
instituting this taxpayer’s class suit “representing their generation as well as
generations yet unborn” for the sake of the Virgin tropical rainforests. They hope
to cancel all existing timber license agreements in the country and cease and
desist from approving the same in the future. They aver that in order to maintain
a balanced and healthful ecology, the country must maintain a ration of 54% of
forest cover. Without it, the resulting environmental tragedies will include water
shortage, salinization of water table, massive erosion, global warming, drought
spells…etc. Plaintiffs make these claims on their constitutional right to a balanced
and healthful ecology and on the premise that the timber license agreements
(TLA) are contrary to public policy, violative of their rights to self-preservation,
and to conserve and promote the nation’s cultural heritage and resources.
Issues: Is the complaint presented judicially actionable or does it raise political
questions?
Held: It is actionable. The Court finds enough cause of action to show a violation
of the claimed rights. They may thus be granted the reliefs prayed for. What is
involved here is the enforcement of a right vis-à-vis policies already formulated
and expressed in legislation. Their personality to sue in behalf of the succeeding
generations can only be based on the concept of intergenerational responsibility
insofar as the right to a balanced and healthful ecology is concerned. This right
carries with it the correlative duty to refrain from impairing the environment. It is
the DENR’s duty to protect and advance said right. What is considered here is the
“rhythm and harmony of nature”, indispensably including the judicious
disposition, utilization, management, renewal and conservation of the country’s
forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural
resources to the end that their exploration, development and utilization be
equitably accessible to the present and future generations. Even the non-
impairment clause for the effectivity of TLAs must yield to the police power of the
state.