MARBEL SCHOOL OF SCIENCE AND TECHNOLOGY, INC

Purok Upper Valley, Bo.2 City of Koronadal

REFLECTION PAPER:
HUMAN RIGHTS EDUCATION
2024

Submitted To:
Krystelle Marie D. Ortiz, Rcrim

Submitted By:
John Paul S. Lingaya
BSCRIM-2

DATE: May 15,2024

The Philippine Bill of Human Rights

The Philippines Bill of Rights, embedded within Article III of the 1987 Constitution,
stands as a robust shield safeguarding the fundamental rights and liberties of Filipino citizens.
Spanning a multitude of dimensions, it encompasses civil liberties, political rights, due process,
protection against arbitrary arrests and detention, prohibition of torture and inhumane treatment,
privacy rights, property rights, safeguards against double jeopardy and ex post facto laws, and
the promotion of freedom of information. At its core, the Bill of Rights champions civil liberties
as essential components of a democratic society. It champions freedom of speech and expression,
ensuring individuals can voice their opinions without fear of reprisal or censorship. Likewise,
freedom of religion safeguards the right to practice one’s faith freely, devoid of state
intervention.

The right to peaceful assembly and petition empowers citizens to voice grievances and
effect change through lawful avenues. Political rights are pivotal to the democratic fabric of the
Philippines. The right to suffrage enables citizens to participate in free and fair elections, while
the right to run for public office ensures qualified individuals can seek positions of leadership
and representation. Central to the Bill of Rights is the principle of due process, ensuring
individuals receive fair treatment under the law. It mandates that all individuals are entitled to a
fair trial, legal representation, and protection against arbitrary arrests and detention, with
warrants required based on probable cause.

The Bill of Rights categorically prohibits torture and inhumane treatment, affirming the
Philippines’ commitment to upholding human rights and preventing abuses of power by state
authorities. Privacy rights are similarly protected, encompassing privacy of communication,
correspondence, and personal life, shielding individuals from unwarranted intrusion by the state
or other entities. Property rights are enshrined, guaranteeing that private property cannot be
seized for public use without just compensation, providing individuals with security and
protection against arbitrary dispossession. At its core, the Bill of Human Rights encompasses a
broad spectrum of rights, ranging from civil liberties to political freedoms and procedural
safeguards. Civil liberties, such as freedom of speech, expression, religion, and peaceful
assembly, form the bedrock of democratic society, ensuring individuals can freely express
themselves and participate in public discourse without fear of persecution or reprisal.

The Bill of Rights also shields against double jeopardy and ex post facto laws, ensuring
individuals cannot be tried or punished twice for the same offense and safeguarding against
retroactive criminalization. Political rights embedded within the Bill of Human Rights guarantee
citizens the right to vote, run for public office, and participate in governance processes, fostering
a vibrant and inclusive democracy. These rights empower individuals to shape the political
landscape and hold elected representatives accountable to the public interest. The Bill of Human
Rights includes provisions safeguarding due process and the rule of law. It guarantees
individuals the right to a fair and impartial trial, legal representation, and protection against
arbitrary arrests and detention. This ensures that justice is administered equitably and
transparently, upholding the principle that all individuals are equal before the law. Privacy rights
are also protected under the Bill of Human Rights, ensuring individuals’ autonomy and freedom
from unwarranted intrusion into their personal lives and communications. Property rights are
similarly safeguarded, guaranteeing that private property cannot be expropriated without just
compensation, thus providing security and stability to individuals and communities.
Additionally, the Bill of Human Rights includes provisions to prevent individuals from being
subjected to double jeopardy or retroactive criminal laws, safeguarding against arbitrary or
unjust legal proceedings.

The promotion of freedom of information underscores transparency and accountability in

governance. It empowers citizens to access government records, documents, and decisions,
enabling informed participation in the democratic process and holding public officials
accountable. In essence, the Philippines Bill of Rights serves as an unyielding bastion of rights
and liberties, ensuring the government acts within legal bounds and upholds the dignity and
autonomy of its citizens. The Philippine Bill of Human Rights is an opportunity to consider the
principles it upholds and how they relate to contemporary issues. It’s a chance to contemplate the
importance of rights such as freedom of speech, expression, and assembly, as well as the
protection of life, liberty, and property. Additionally, reflecting on how effectively these rights
are implemented in practice can lead to discussions on areas for improvement and advocacy for
greater adherence to human rights standards in the Philippines.
The International Bill of Human Rights

The International Bill of Human Rights comprises a collection of international treaties

and declarations that serve as a foundational framework for the protection and promotion of
human rights worldwide. It encompasses three key documents: 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). Together, these
instruments outline a comprehensive set of rights and freedoms that are universally recognized
and protected under international law. The Universal Declaration of Human Rights, adopted by
the United Nations General Assembly in 1948, is a landmark document that sets forth a broad
range of civil, political, economic, social, and cultural rights. It proclaims the inherent dignity
and equal and inalienable rights of all members of the human family, serving as a foundational
text for the modern human rights movement.

The International Covenant on Civil and Political Rights, adopted in 1966, focuses on
civil and political rights such as the right to life, liberty, and security of person, freedom of
expression, assembly, and association, and the right to a fair trial. It establishes binding legal
obligations on states parties to respect and protect these rights and provides for the establishment
of a Human Rights Committee to monitor implementation. The International Covenant on
Economic, Social and Cultural Rights, also adopted in 1966, addresses economic, social, and
cultural rights such as the right to work, the right to an adequate standard of living, including
food, clothing, and housing, the right to education, and the right to health. It similarly imposes
obligations on states parties to take steps to progressively realize these rights to the maximum of
their available resources.

International Bill of Human Rights also prompts us to consider the interconnectedness of

rights and freedoms. It reminds us that civil and political rights are inseparable from economic,
social, and cultural rights, and that progress in one area often depends on advancements in
others. This recognition calls for holistic and integrated approaches to human rights advocacy
and implementation. International Bill of Human Rights serves as a source of inspiration and
empowerment for individuals and communities striving for justice and dignity. It empowers
people to speak out against oppression, discrimination, and injustice, knowing that they are
standing on the side of universal principles and values upheld by the international community.

The International Bill of Human Rights, as a whole, represents a comprehensive and

universal commitment to the promotion and protection of human rights. It underscores the
principle of indivisibility, interdependence, and universality of human rights, recognizing that
civil, political, economic, social, and cultural rights are interconnected and mutually reinforcing.
Moreover, the International Bill of Human Rights provides a common standard of achievement
for all peoples and nations, serving as a guiding framework for national and international efforts
to promote human dignity, equality, and justice. It calls upon states to respect, protect, and fulfill
the human rights of all individuals within their jurisdiction, regardless of race, ethnicity, religion,
gender, or any other status. International Bill of Human Rights invites us to recommit ourselves
to the pursuit of a world where human rights are fully realized and respected for all. It challenges
us to translate its lofty ideals into concrete actions and meaningful change, both at the local and
global levels. Ultimately, it reminds us that the struggle for human rights is a collective endeavor
that requires ongoing dedication, courage, and solidarity.

The International Bill of Human Rights embodies the collective aspirations of humanity
for a world where the inherent dignity and rights of every individual are recognized, respected,
and protected. It represents a foundational cornerstone of international law and a beacon of hope
for the advancement of human rights and social justice globally. All humans are born free and
equal. All humans have the right to freedom from discrimination, torture, and slavery. All
humans are equal before the law and our rights can’t be taken away. All humans have the right to
privacy, peaceful public assembly, freedom of thought, and freedom of religion. All humans
deserve equal pay for equal work in a safe environment. All humans deserve access to food,
water, shelter, and education.

International Bill of Human Rights sets forth a comprehensive framework for the
protection and promotion of human rights worldwide, guiding countries in their efforts to ensure
dignity, equality, and justice for all individuals. The ICCPR builds upon the principles enshrined
in the UDHR, emphasizing civil and political rights such as the right to life, liberty, and security
of person, freedom of expression, assembly, and association, and the right to a fair trial. These
rights form the cornerstone of democratic governance and serve as safeguards against tyranny
and oppression. The ICCPR underscores the importance of democratic principles and the rule of
law in upholding human rights, emphasizing the responsibilities of governments to respect,
protect, and fulfill the rights of their citizens.

The mere existence of these international instruments is not sufficient to ensure the
protection and fulfillment of human rights. The real challenge lies in translating these lofty
principles into tangible improvements in people’s lives. It requires the commitment of
governments, civil society, and individuals to uphold human rights in practice, confronting
systemic injustices, discrimination, and impunity wherever they may occur.
The International Covenant on Economic, Social and Cultural Rights (ICESCR)

The International Covenant on Economic, Social and Cultural Rights (ICESCR)

represents a landmark commitment by the international community to uphold and protect the
economic, social, and cultural rights of individuals worldwide. Adopted by the United Nations
General Assembly in 1966, the ICESCR recognizes that these rights are essential for the full
realization of human dignity and well-being. The covenant articulates a comprehensive
framework of rights, encompassing a wide range of economic, social, and cultural entitlements.
These include the right to work, just and favorable conditions of work, the right to social
security, including social insurance, the right to an adequate standard of living, including food,
clothing, and housing, the right to the highest attainable standard of physical and mental health,
the right to education, and the right to participate in cultural life and enjoy the benefits of
scientific progress and its applications. The ICESCR embodies the principle of progressive
realization, recognizing that full implementation of these rights may require time and resources.
However, it also imposes obligations on states parties to take deliberate, concrete, and targeted
steps towards the realization of these rights to the maximum extent of their available resources.

The ICESCR emphasizes the principles of non-discrimination and equality, requiring

states to ensure that all individuals, particularly marginalized and vulnerable groups, enjoy equal
access to economic, social, and cultural rights without discrimination of any kind. While the
ICESCR represents a significant advancement in the protection of human rights, its effectiveness
depends on the willingness of states parties to fulfill their obligations under the covenant. This
includes adopting legislative, administrative, and other measures to implement and enforce
economic, social, and cultural rights, as well as ensuring transparency, accountability, and
meaningful participation of civil society in the decision-making processes related to these rights.

Challenges remain in the implementation of the ICESCR, including resource constraints,

political obstacles, and structural inequalities. Moreover, emerging issues such as globalization,
technological advancement, and climate change pose new threats to the realization of economic,
social, and cultural rights, requiring innovative and holistic approaches to address them. ICESCR
stands as a foundational document in the international human rights framework, affirming the
intrinsic value and interconnectedness of economic, social, and cultural rights with civil and
political rights. Its implementation requires sustained commitment, cooperation, and
collaboration among states, international organizations, civil society, and other stakeholders to
ensure that all individuals can live with dignity, equality, and justice.

The ICCPR, which primarily focuses on civil and political rights, the ICESCR
emphasizes the importance of economic, social, and cultural rights for the full realization of
human dignity and well-being. These rights include the right to work, just and favorable
conditions of work, the right to social security, including social insurance, the right to an
adequate standard of living, including food, clothing, and housing, the right to the highest
attainable standard of physical and mental health, the right to education, and the right to
participate in cultural life and enjoy the benefits of scientific progress and its applications. One
of the key principles of the ICESCR is the concept of progressive realization, which recognizes
that the full realization of economic, social, and cultural rights may require time and resources.
However, it also imposes obligations on states parties to take deliberate, concrete, and targeted
steps towards the realization of these rights to the maximum extent of their available resources.

ICESCR emphasizes the principles of nondiscrimination and equality, requiring states to

ensure that all individuals, particularly marginalized and vulnerable groups, enjoy equal access to
economic, social, and cultural rights without discrimination of any kind. The ICESCR also
establishes mechanisms for monitoring and reporting on the implementation of the covenant.
States parties are required to submit periodic reports to the United Nations Committee on
Economic, Social and Cultural Rights, which reviews the progress made in realizing economic,
social, and cultural rights and provides recommendations for improvement.

Overall, the ICESCR represents a significant advancement in the protection of economic,

social, and cultural rights at the international level. It affirms the intrinsic value and
interconnectedness of these rights with civil and political rights, recognizing that human rights
are indivisible and interdependent. By promoting the realization of economic, social, and cultural
rights, the ICESCR contributes to the creation of societies where all individuals can live with
dignity, equality, and justice.
The International covenant on civil and political rights and it’s optional protocol.

The ICCPR (International Covenant On Civil and Political Rights) has its roots in the
same process that led to the Universal Declaration of Human Rights. A “Declaration on the
Essential Rights of Man” had been proposed at the 1945 San Francisco Conference which led to
the founding of the United Nations, and the Economic and Social Council was given the task of
drafting it. Early on in the process, the document was split into a declaration setting forth general
principles of human rights, and a convention or covenant containing binding commitments. The
former evolved into the UDHR and was adopted on 10 December 1948. Drafting continued on
the convention, but there remained significant differences between UN members on the relative
importance of negative Civil and Political versus positive Economic, Social and Cultural Rights.
These eventually caused the convention to be split into two separate covenants, “one to contain
civil and political rights and the other to contain economic, social and cultural rights”. The two
covenants were to contain as many similar provisions as possible, and be opened for signature
simultaneously. Each would also contain an article on the right of all peoples to self-
determination.

The first document became the International Covenant on Civil and Political Rights and
the second the International Covenant on Economic, Social and Cultural Rights. The drafts were
presented to the UN General Assembly for discussion in 1954 and adopted in 1966. As a result
of diplomatic negotiations the International Covenant on Economic, Social and Cultural Rights
was adopted shortly before the International Covenant on Civil and Political Rights. Together,
the UDHR and the two Covenants are considered to be the foundational human rights texts in the
contemporary international system of human rights. There are two Optional Protocols to the
Covenant. The First Optional Protocol establishes an individual complaints mechanism, allowing
individuals to complain to the Human Rights Committee about violations of the Covenant. This
has led to the creation of a complex jurisprudence on the interpretation and implementation of
the Covenant. As of September 2019, the First Optional Protocol has 116 parties. The Second
Optional Protocol abolishes the death penalty; however, countries were permitted to make a
reservation allowing for use of death penalty for the most serious crimes of a military nature,
committed during wartime. As of June 2022, the Second Optional Protocol had 90 parties.

The International Covenant on Civil and Political rights has 167 states parties, 67 by
signature and ratification, and the remainder by accession or succession. Another five states have
signed but have yet to ratify the treaty. According to a 2013 study, the ICCPR has significantly
improved human rights practices on matters where evidence-production costs and standards of
proof are low, but has had a limited impact for issue areas where legally admissible evidence is
costly to produce and standards of proof are high. This means that the ICCPR has “significantly
improved governments’ respect for the freedoms of speech, association, assembly, and religion”
but has had insignificant effects on respect to personal integrity rights. The Covenant is not
directly enforceable in Australia, but its provisions support a number of domestic laws, which
confer enforceable rights on individuals. For example, Article 17 of the convention has been
implemented by the Australian Privacy Act 1988. Likewise, the Covenant’s equality and anti-
discrimination provisions support the federal Disability Discrimination Act 1992.

Finally, the Covenant is one of the major sources of ‘human rights’ listed in the Human
Rights (Parliamentary Scrutiny) Act 2011. This law requires most new legislation and
administrative instruments (such as delegated/subordinate legislation) to be tabled in parliament
with a statement outlining the proposed law’s compatibility with the listed human rights. A Joint
Committee on Human Rights scrutinizes all new legislation and statements of compatibility. The
findings of the Joint Committee are not legally binding. Legislation also establishes the
Australian Human Rights Commission which allows the Australian Human Rights Commission
(AHRC) to examine enacted legislation (to suggest remedial enactments), its administration (to
suggest avoidance of practices) and general compliance with the covenant which is scheduled to
the AHRC legislation.

The individual complaints procedure allows individuals to submit complaints to the

United Nations Human Rights Committee, the body responsible for monitoring the
implementation of the ICCPR, alleging violations of their rights under the covenant by states
parties. The committee has the authority to consider these complaints, conduct inquiries, and
make recommendations to states parties to address violations and provide remedies to victims.
The ICCPR and its Optional Protocol play a crucial role in promoting and protecting civil and
political rights worldwide. By establishing clear standards and mechanisms for accountability,
they contribute to the advancement of democracy, the rule of law, and respect for human dignity
and fundamental freedoms.
Human rights in the contemporary world.

Human rights in the contemporary world are both a beacon of hope and a
battleground for justice. As societies navigate complex challenges such as globalization,
technological advancement, environmental degradation, and geopolitical tensions, the protection
and promotion of human rights remain paramount in ensuring dignity, equality, and justice for all
individuals. One of the defining characteristics of human rights in the contemporary world is the
increasing recognition of their universality, indivisibility, and interdependence. While human
rights are often enshrined in international and national legal frameworks, their realization
requires concerted efforts by governments, civil society, international organizations, and
individuals. Across the globe, movements for racial justice, gender equality, LGBTQ+ rights,
indigenous rights, and disability rights continue to challenge discriminatory practices and
advocate for the full enjoyment of human rights for all. However, the contemporary world also
presents new challenges to human rights. Technological advancements have revolutionized
communication, commerce, and governance but have also raised concerns about privacy,
surveillance, and digital rights.

The proliferation of social media platforms has amplified voices for social change but has
also facilitated the spread of hate speech, misinformation, and online harassment. Moreover,
emerging technologies such as artificial intelligence and biotechnology pose ethical dilemmas
regarding their impact on human rights, including issues of algorithmic bias, data privacy, and
genetic discrimination. Environmental degradation and climate change represent existential
threats to human rights, particularly for vulnerable populations such as indigenous communities,
marginalized groups, and those living in poverty. The adverse effects of climate change,
including extreme weather events, rising sea levels, and food insecurity, exacerbate existing
inequalities and threaten the rights to life, health, food, water, housing, and livelihoods.
Geopolitical tensions and conflicts around the world have led to widespread human rights
abuses, including violations of the right to life, liberty, and security, torture and ill-treatment,
forced displacement, and violations of humanitarian law. Civil society activists, journalists, and
human rights defenders face increasing risks of harassment, persecution, and violence for their
advocacy and efforts to hold governments and non-state actors accountable for human rights
violations.

In response to these challenges, the international human rights framework continues to

evolve, with efforts to strengthen accountability mechanisms, promote transitional justice, and
advance the implementation of human rights standards at the national level. Civil society
organizations play a crucial role in monitoring human rights abuses, providing assistance to
victims, and advocating for policy reforms and legal reforms to uphold human rights principles.
Human rights in the contemporary world are both a beacon of hope and a call to action. While
significant progress has been made in advancing human rights globally, much work remains to
be done to address persistent inequalities, injustices, and violations. By reaffirming our
commitment to human rights principles, upholding the rule of law, and promoting solidarity and
empathy, we can strive towards a world where human rights are respected, protected, and
fulfilled for all.In today’s world, the struggle for human rights is multifaceted and dynamic.
While there have been significant strides in recognizing and upholding human rights principles,
particularly through international agreements and legal frameworks, there are also numerous
obstacles and setbacks. Issues such as systemic discrimination, social inequality, political
repression, and environmental degradation continue to pose grave threats to human rights
globally. The contemporary world offers new opportunities for advancing human rights through
technology, connectivity, and global solidarity. Social media and digital platforms have
empowered grassroots movements and amplified marginalized voices, leading to increased
awareness and mobilization around human rights issues.

International cooperation and advocacy networks have also become more robust,
enabling collective action to address transnational challenges such as climate change, migration,
and humanitarian crises. Human rights in the contemporary world compels us to confront
uncomfortable truths and ask difficult questions about our collective responsibilities. It calls for
introspection about the ways in which we contribute to or challenge systems of oppression and
injustice, both locally and globally. It also prompts us to recommit ourselves to the principles of
human rights, empathy, and solidarity, and to take meaningful action to create a more inclusive,
compassionate, and sustainable future for all.

The journey towards realizing human rights for all remains fraught with complexities and
contradictions. Geopolitical tensions, authoritarianism, and populist backlash pose significant
challenges to the universality and indivisibility of human rights. Moreover, the uneven
distribution of wealth, power, and resources perpetuates structural injustices and inequalities that
hinder progress towards a more just and equitable world. Reflecting on human rights in the
contemporary world serves as a call to action a reminder that the struggle for justice and dignity
is ongoing and that each of us has a role to play in advancing the cause of human rights,
wherever we are and whatever resources we have at our disposal.
Human Rights in the Philippines

Human rights in the Philippines are both a source of pride and a subject of concern. The
country has a rich history of activism and advocacy for human rights, stemming from its
struggles against colonialism, dictatorship, and social injustice. However, despite significant
progress in legal and institutional frameworks, human rights violations persist, undermining the
principles of democracy, justice, and dignity. The Philippines is a signatory to various
international human rights instruments, including the Universal Declaration of Human Rights
(UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

These agreements commit the government to uphold fundamental freedoms and protect
the rights of its citizens. Additionally, the 1987 Philippine Constitution enshrines a
comprehensive bill of rights, guaranteeing civil, political, economic, social, and cultural rights.
The reality on the ground often falls short of these lofty commitments. Extrajudicial killings,
enforced disappearances, torture, and arbitrary detention continue to be reported, particularly in
the context of the government’s campaign against illegal drugs and counterinsurgency efforts.
Human rights defenders, journalists, lawyers, and activists face harassment, intimidation, and
violence for their work, creating a climate of fear and impunity. Furthermore, marginalized and
vulnerable groups, including indigenous peoples, women, children, LGBTQ+ individuals, and
persons with disabilities, often experience discrimination and exclusion from enjoying their
rights fully. Economic disparities, lack of access to quality education, healthcare, and social
services exacerbate social inequalities and perpetuate cycles of poverty and marginalization.

The Philippines’ human rights situation is also influenced by broader political, social, and
economic factors. Corruption, weak rule of law, and lack of accountability contribute to a culture
of impunity, where perpetrators of human rights abuses often go unpunished. Additionally, the
country’s geopolitical context, including its relationships with foreign powers and regional
security dynamics, can impact human rights conditions, particularly in conflict-affected areas
such as Mindanao. Despite these challenges, there are also signs of hope and resilience within
Philippine society. Civil society organizations, human rights advocates, and grassroots
movements continue to mobilize, document abuses, and demand accountability from the
government and other actors.

International solidarity and support from the global human rights community provide
additional avenues for advocacy and pressure for reform. Human rights in the Philippines reflect
a complex and multifaceted reality, shaped by historical legacies, political dynamics, and social
inequalities. While significant challenges remain, the ongoing struggle for human rights
underscores the resilience and determination of the Filipino people to build a more just,
democratic, and inclusive society for present and future generations. The Philippines evokes a
mix of emotions—pride in the country’s history of activism and advocacy, yet concern over
persistent violations and challenges.
 The Philippines has a robust legal framework and a vibrant civil society dedicated to
upholding human rights principles. However, the reality on the ground often diverges from
these ideals. The prevalence of extrajudicial killings, enforced disappearances, and other human
rights abuses, particularly in the context of the government’s anti-drug campaign and
counterinsurgency efforts, is deeply troubling. It highlights the urgent need for greater
accountability, transparency, and respect for the rule of law. The experiences of marginalized
groups, including indigenous peoples, women, LGBTQ+ individuals, and persons with
disabilities, underscore the intersectionality of human rights issues in the Philippines.
Discrimination, social exclusion, and economic disparities continue to hinder the full enjoyment
of rights and perpetuate cycles of injustice and inequality. Despite these challenges, the
resilience and courage of human rights defenders and activists inspire hope for positive change.

Their tireless efforts to document abuses, raise awareness, and demand accountability
serve as a beacon of hope in the fight for justice and dignity. As the Philippines navigates its
human rights landscape, both domestically and internationally, it is essential to uphold the
principles of democracy, rule of law, and respect for human rights for all. This requires
meaningful engagement with civil society, robust institutional mechanisms for accountability,
and a commitment to addressing the root causes of injustice and inequality. Reflecting on
human rights in the Philippines prompts us to recommit ourselves to the values of empathy,
solidarity, and justice. It reminds us of the collective responsibility to create a society where the
rights and dignity of every individual are respected, protected, and fulfilled.