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Republic Act No. 9201.: 1. What Are Human Rights?

The document discusses human rights in the Philippines. It begins by noting that human rights allow people to live with dignity and are an important part of democracies, though violations still occur worldwide. It then outlines that December 4-10 each year is National Human Rights Consciousness Week in the Philippines to promote awareness. The document then asks and answers several questions about human rights: what they are, laws that protect Filipino citizens' rights, the government body that oversees fulfillment and protection, and whether criminals still have rights. It concludes that while violations have decreased, more work remains to be done to resolve past issues and prevent future ones.

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90 views4 pages

Republic Act No. 9201.: 1. What Are Human Rights?

The document discusses human rights in the Philippines. It begins by noting that human rights allow people to live with dignity and are an important part of democracies, though violations still occur worldwide. It then outlines that December 4-10 each year is National Human Rights Consciousness Week in the Philippines to promote awareness. The document then asks and answers several questions about human rights: what they are, laws that protect Filipino citizens' rights, the government body that oversees fulfillment and protection, and whether criminals still have rights. It concludes that while violations have decreased, more work remains to be done to resolve past issues and prevent future ones.

Uploaded by

MichelleneChenTadle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MANILA, Philippines – The concept may be problematic in the Philippines but human

rights are a vital component of most modern democracies.

Human rights allow a person to live with dignity and in peace, away from the abuses
that can be inflicted by abusive institutions or individuals. But the fact remains that there
are rampant human rights violations around the world.

To further promote the importance of human rights in the Philippines, December 4 to 10


of each year is marked as National Human Rights Consciousness Week via Republic
Act No. 9201.

December 10 is also considered as the United Nations Human Rights Day. It


commemorates the day the UN General Assembly adopted the Universal Declaration of
Human Rights in 1948.

But do we really know our human rights? Rappler answers some key questions:

1. What are human rights?

Human rights, according to the Stanford Encyclopedia of Philosophy, refers to norms


that aim to protect people from political, legal, and social abuses.

The United Nations (UN) defines human rights as universal and inalienable,
interdependent and indivisible, and equal and non-discriminatory.

 Universal and inalienable:


Human rights belong to all and cannot be taken away unless specific
situations call for it. However, the deprivation of a person's right is subject
to due process.
 Interdependent and indivisible:
Whatever happens to even one right – fulfillment or violation – can directly
affect the others.
 Equal and non-discriminatory:
Human rights protect all people regardless of race, nationality, gender,
religion, and political leaning, among others. They should be respected
without prejudice.

Human rights can also be classified under individual, collective, civil, political, economic
and social, and cultural.

2. What laws or legal documents ensure the human rights of Filipino


citizens?
The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. Also
called the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s rights
and privileges that the Constitution has to protect, no matter what.

Aside from various local laws, human rights in the Philippines are also guided by the
UN's International Bill of Human Rights – a consolidation of 3 legal documents including
the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil
and Political Rights (ICCPR), and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR).

As one of the signatories of these legal documents, the Philippines is obliged to


recognize and apply appropriate laws to ensure each right’s fulfillment.

This is not always the case, however, as the Philippine Constitution lacks explicit laws
to further cement specific human rights in the local context.

For example, the Right to Adequate Food may be included in the UNDR but it is not
explicitly indicated in the Philippine Constitution. Thus the government cannot be held
responsible if this is not attained. (READ: Zero Hunger: Holding gov’t accountable)

3. Who oversees the fulfillment and protection of human rights in the


Philippines?

Human rights are both rights and obligations, according to the UN. The state – or the
government – is obliged to “respect, protect, and fulfill” these rights.

Respect begets commitment from state that no law should be made to interfere or
curtail the fulfillment of the stated human rights. Protecting means that human rights
violations should be prevented and if they exist, immediate action should be made.

NO TO LUMAD KILLINGS. CHR condemns the violations of the rights of Lumads.

In the Philippines, the Commission on Human Rights (CHR) primarily handles the
investigations of human rights violations. However, it has no power to resolve issues as
stated in the Supreme Court decision in 1991.

Established in 1986 during the administration of President Corazon Aquino, CHR is an


independent body which ensures the protection of human rights guaranteed by the Bill
of Rights.
Aside from investigations, it also provides assistance and legal measures for the
protection of human rights guided by Section 18 Article XIII of the Philippine
Constitution.

4. Do criminals or those who break the law still enjoy human rights?

Criminals or those in conflict with the law are still protected by rights as indicated in
many legal documents such as the Philippines’ Criminal Code and UN’s Standard
Minimum Rules for the Treatment of Prisoners.

Specific human rights, however, may be removed, provided they go through due
process beforehand.

In 2002, the CHR issued an advisory after the debate sparked by Davao City Mayor
Rodrigo Duterte's statement during a crime summit in Manila. He said extra-judicial or
summary killings remain "the most effective way to crush kidnapping and illicit drugs."

However, according to the CHR, summary or extra-judicial executions of criminals or


suspects are prohibited under the Philippine Constitution as these violate several
sections such as Article III Section 1, which states that “no person shall be deprived of
life, liberty or property without due process of law nor shall any person be denied the
equal protection of the laws."

'WHEEL OF TORTURE.' A wheel used allegedly by Binan police to torture inmates. Photo courtesy:
CHR/AFP

It added that summary executions as a violation of human rights are more explicit in
Article II of Section 11, which provides that “the State values the dignity of every human
person and guarantees full respect for human rights."

Meanwhile, Section 19 of the Bill of Rights clearly states that any punishment against a
prisoner or detainee shall be dealt with by law and through due process. It also says
that no “cruel, degrading or inhuman punishment” may be inflicted – even death.

5. How does the Philippines fare when it comes to human rights violations?

In a Rappler piece, Human Rights Watch (HRW)’s Asian Division researcher Carlos H.
Conde wrote that President Benigno Aquino III had more “rhetoric than concrete action”
despite his “explicit human rights commitments” in 2010.
Human rights violations – extrajudicial killings, torture, enforced disappearances, and
human trafficking, among others – may have decreased in the past years but cases still
exist and remain unsolved, according to Human Rights Watch.

In its 2015 World Report, the international group lauded the efforts to resolve these
violations. These include the arrest of retired army general Jovito Palparan in relation to
the disappearance and torture of two University of the Philippines students in 2006, and
the peace agreement between the government and the Moro Islamic Liberation Front,
among others.

The recent issue over the killings and displacement of Lumads, however, has put the
government’s way of handling human rights issues under the spotlight. (READ: A rare
time a human rights issue captivates PH social media)

Meanwhile, nearly 75,000 people filed for recognition as victims of human rights
violations during the administration of President Ferdinand Marcos in 2014. Martial Law
is regarded as the “dark years from 1972-1986 due to a huge record of abduction and
torture, among others, under the dictatorship of Ferdinand Marcos." (READ: A Marcos
brand of amnesia) – Rappler.com

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