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LAW 119- HUMAN RIGHTS LAW

COURSE DESCRIPTION

This 2-unit course is a branch of public law which deals with the body of laws, rules,
procedures, and institutions designed to respect, promote and protect human rights at
the national, regional and international level.

CONTENT

I. General Nature and Definition of Human Rights


Differentiate (IHL) from Human Rights Law.

II. History, Theories of Sources and Development of Human Rights

Loving vs. Virginia, 388 U.S. 1

Zablocki vs. Redhail 434 U.S. 374

Skinner vs Oklahoma, 316 U.S. 535

A. Theories of Sources of Rights


B. Human Rights in the Philippines

Simon, Jr., et. al. v. CHR, et. al. G.R. No. 100150 January 5, 1994

Ang LADLAD Vs COMELEC G.R. No. 190582, April 08, 2010

Philippine Blooming Mills Employees Organization vs. Philippine


Blooming Mills, Inc., 51 SCRA 189

III. The International Bill of Human Rights


A. Universal Declaration of Human Rights (UDHR)
B. International Covenant on Civil and Political Rights (ICCPR)
C. International Covenant on Economic, Social and Cultural Rights
(ICESCR)
IV. Civil and Political Rights as Applied in the Phillippines
Chavez v. Gonzales, G.R. No. 168338, Feb. 15, 2008

Soriano v. MTRCB, G.R. No. 165636, Apr. 29, 2009

Estrada v. Escritor, A.M. No. P‐02‐1651, June 22, 2006

Hidalgo v. Reyes, AM No. RTJ‐05‐1910, Apr. 15, 2005

Akbayan v. Aquino, G.R. No. 170516, July 16, 2008

Manosca v. CA , GR No 106440, Jan. 29, 1996

Miranda v Arizona, 384 US 436, 1966

V. Economic, Social and Cultural Rights as Applied in the Philippines

Article XIII. Social Justice and Human Rights


Section 2. Social justice.
o Do the social justice principles of labor law outweigh or render
inapplicable the civil law doctrine of unjust enrichment?
Islriz Trading vs. Capada, G.R. No. 168501, Jan. 31, 2011

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Section 3. Labor.
o What is the Meiorin Test? Is it valid and constitutional?
Yrasuegui –versus- PAL, G.R. 168081, Oct. 17, 2008, 569 SCRA 467

Section 4. Agrarian Reform.


o Should just compensation under the agrarian reform program be treated
differently from the just compensation in any other case of expropriation?
Apo Fruits –versus- LBP, G. R. No. 164195, Apr. 5, 2011

Article XIV. Education, etc.

Section 2. Availability of quality education.


o Does the accessibility to quality education justify teachers’ re-
assignment?
Superintendent –versus- Azarcon, G.R. No. 166435, Feb. 11, 2008

o Against whom is the constitutional mandate to protect and promote the


right of all citizens to quality education at all levels directed? Were petitioners
right to quality education violated?
PTA of SMCA vs. MBTC, G.R. No. 176518, March 2, 2010

Section 3. Desired educational values.


o Does Letran, a private school, possess authority to impose a dismissal,
or any disciplinary action against students who violate its policy against
fraternity membership?
Go –versus- Collegio de San Juan de Letran, G.R. No. 169391, Oct.10,
2012

Section 3. Desired educational values.


o Does Letran, a private school, possess authority to impose a dismissal,
or any disciplinary action against students who violate its policy against
fraternity membership?
Go –versus- Collegio de San Juan de Letran, G.R. No. 169391, Oct.10,
2012

VI. Human Rights Situation of Vulnerable Sectors


VII. Discrimination
VIII. Role of Non-Governmental Organizations in the Promotion and Protection of
Human Rights
IX. Educating Filipinos on Human Rights
X. Remedies for the Enforcement of Human Rights Treaties and Laws

REFERENCES

Coquia, Jorge R., Human Rights An Introductory Course.

The 1987 Philippine Constitution

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