HUMAN RIGHTS EDUCATION

INTERNATIONAL BILL OF HUMAN RIGHTS

HUMAN RIGHTS: A BASIC OBJECTIVE OF THE UNITED NATIONS

The recognition and respect of human rights is one of the main objectives of the United
Nations Or-ganization. The Preamble of the UN Charter declared the determination of the UN
members "to reaffirm faith in fundamental human rights and the dignity and worth of human
person" and that all-human persons have equal rights.

The "promotion and encouragement of respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion" is one of the most
important purposes of the United Nations Organization. International cooperation and the
maintenance of international peace and security and the development of friendly relations
among nations cannot be fully realized without the recognition and respect of human rights. The
UN Charter contains at least seven articles on human rights.

Article 13 of the United Nations Charter directs the General Assembly, the task of
initiating studies and recommendations for the purpose of assisting in the realization of human
rights and fundamental freedom.

Another reference to human rights in the UN Charter is Article 55(c) which, together with
Article 56, commits the United Nations to promote "universal respect for an observance of
human rights and fundamental freedoms."

Article 56 of the Charter provides for the clear legal obligation of all members to pledge
themselves and take joint and separate actions in cooperation with the Organization for the
advancement of the purposes set forth in Article 55(c).

The said article enumerates a number of obligations including "Universal respect for an
observance of human rights and fundamental freedoms for all without distinction as to race, sex,
language or religion. These objectives are intended to promote the creation of conditions and
stability which are necessary for a peaceful and friendly relations

SUB-COMMISSION OF EXPERTS AND RAPPORTEURS

Sub-commissions of independent experts are elected and empowered to undertake

studies and to make recommendations to prevent discrimination, protect minority rights and
fundamental freedoms.

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Special rapporteurs or working groups are also appointed to deal with special topics, for
example on discrimination in education, religion and the administration of justice; the adverse
consequences for human rights caused by political, military, economic and other forms of
assistance to colonial and racist regimes; the rights of ethnic, religious and linguistic minorities;
issues related to self-determination; the realization of economic, social and cultural rights; the
rights of indigenous populations; the new international economic order and the promotion of
human rights; the right to adequate food as a human right; and the exploitation of child labor.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) AS A COMMON STANDARD

This chapter will deal in general on the fundamental human rights enumerated in the
Universal Declaration of Human Rights. The following chapters will dwell in detail on said rights
and how they are applied in the Philippines citing Supreme Court decisions.

Freedom and Equality

The drafters of the Universal Declaration of Human Rights, which included Western and
Asian rep-resentatives, more influenced by the natural right theory as a source of human rights,
recognized the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world. Thus, Article 1 states,
that:

"All human beings are born free and equal in dignity. They are endowed with
reason and conscience and should act towards one another with a spirit of brotherhood."

The first eight articles of the Declaration emphasize that all human beings, without
distinction, are born free and equal in dignity and rights. These are based on the principle of
equality and non-discrimi-nation in the enjoyment of fundamental freedoms.

Liberty, Security and Recognition of Persons

These include life, liberty and security of person, freedom from slavery and servitude,
freedom from torture, and cruel, inhuman or degrading treatment or punishment (Arts. 4 & 5).

Every individual must be recognized as a person before the law and be afforded equal
protection of the law. Any person whose human rights have been violated shall be provided an
effective judicial remedy (Arts. 6 & 7).

The Declaration also states that every individual should enjoy freedom from arbitrary
arrests, illegal detention or exile. If he is involved in a court litiga-tion, he is entitled to a fair trial
and public hearing by an independent and impartial tribunal. If he is accused of a criminal

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offense, he enjoys the presumption of innocence until his guilt has been proven. He may not be
convicted for an act which is not a penal offense at the time he committed it (Arts. 9-12).

Right to Privacy

The individual is guaranteed freedom from arbitrary interference with his privacy, family,
home or correspondence. He is also guaranteed freedom of movement and residence, including
the right to leave any country.

Nationality and the Family

Every person has the right to a nationality, that is, to be a citizen of his State. He has the
right to marry and find a family for the enjoyment of his dignity.

Right to Own Property

Everyone has the right to own property alone as well as in association with others. No
one shall be arbitrarily deprived of his property (Art. 17). Property and other forms of private
ownership of external goods contribute to the expression of his personality.

Ownership of external goods assures a person a highly necessary sphere for the
exercise of his personal and family autonomy and ought to be considered as an extension of
human freedom.

Freedom of Thought, Conscience and Religion

The Declaration guarantees the freedom of thought and conscience, the freedom of
association for peaceful assembly, to participate in the government affairs. He is entitled to
equal access to public services.

Hindrances in the Implementation of Human Rights Instruments

Despite the adoption of the International Bill of Human Rights and followed by about
twenty International Instruments on Human Rights, gross violations of human rights still occur in
many parts of the world. Some of the abuses have become so atrocious and on a large scale
that they affect great masses of popu-lation. Genocide, crimes against humanity, war crimes
and aggression occur in a greater scale putting into doubt the effectiveness of the United
Nations and its relevant agencies on human rights. The realization of the many objectives of the
United Nations Organization to achieve among nations through the recognition and respect of
inalienable, fundamental rights of man have been set back in many ways. Torture, mass
exe-cution, arbitrary detention and many forms of oppression occur.

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Authoritarian regimes headed by dictators and ruthless leaders have suppressed the
liberties of indi-viduals. Strong-armed methods to coerce citizens motivated by the desire of
heads of States to prolong or perpetuate their rule are common in many countries such as in
Asia, Africa, and Latin America.

SOURCES OF HUMAN RIGHTS

CIVIL AND POLITICAL RIGHTS AS APPLIED IN THE PHILIPPINES

"THE IDEAL OF FREE HUMAN BEINGS ENJOYING CIVIL AND POLITICAL

FREEDOM AND FREEDOM FROM FEAR AND WANT CAN ONLY BE ACHIEVED IF
CONDITIONS ARE CREATED WHEREBY EVERYONE MAY ENJOY CIVIL AND POLITICAL
RIGHTS AS WELL AS HIS ECONOMIC, SOCIAL AND CULTURAL RIGHTS."

Definition and Nature of Civil and Political Rights

Civil and political rights are the rights which the law will enforce at the instance of
individuals without discrimination for the enjoyment of their lives, liberty and means of
happiness. Some examples are the right to be free from arbitrary arrest and detention, freedom
from torture and the right to life.

Most of the civil and political rights enumerated in the Universal Declaration of Human
Rights are reiterated in more detail in the International Covenant on Civil and Political Rights,
hereinafter known as Political Covenant. Most of these rights have been adopted in the Bill of
Rights in the Philippine Constitution and statutory legislation. The said rights essentially trace
their origin from the American Bill of Rights and the French Declaration commonly referred to as
"negative rights" as restraints upon the tyrannical government, i.e., "no one should be tortured";
"no one should be deprived of the freedom of religion"; "freedom of association" and "freedom of
con-science." No one shall be deprived of life, liberty and property.

Right of Self-Determination

The International Covenant of Civil and Political Rights starts with the right of all peoples
of self-determination. The right of self-determination includes the right to freely determine their
political status and to pursue their economic, social and cultural development (Art. 1, Sec.1).

The recognition of the right of self-determination of all peoples is one of the major factors
that promote friendly relations among nations. To promote the observance of said right, the
General Assembly of the UN adopted a Resolution granting independence to colonial countries
and peoples and proclaiming the necessity of ending colonialism in all its forms. The subjection

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of peoples to alien subjugation, domination and exploitation denies the people their fundamental
human rights.

Right to Life, Liberty and Security

The most basic human rights from which other rights flow is the right to life. Art. 3 of the
Universal Declaration of Human Rights states "everyone has the right to life, liberty and security
of persons." These rights are basic human rights because only through it can a human being
enjoy all other rights. The Covenant on Civil and Political Rights states, that:

"Every human being has the inherent right to life. This right shall be protected by law. No
one shall be arbitrarily deprived of his life." (Art. 6[1))

Article 9(1) of said Covenant also states:

"Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrests or detention. No one shall be deprived of his liberty except on such grounds
and in accordance with such procedures as are established by law."

The Philippine Constitution similarly provides:

"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." (Art. III, Sec. 1)

Death Penalty

No person, not even the state authority, has the right to take the life of a person except in
the cases of heinous crimes. The trend in the United Nations is to abolish the death penalty
even for heinous crimes as shown in the Second Optional Protocol to the Covenant on Civil and
Political Rights, appealing to States to abolish death penalty in their jurisdiction. In view of the
enactment of Republic Act No. 7659 imposing death penalty for particular heinous crimes, the
Philippine Senate refused to ratify the aforesaid Protocol.

Implementing said statute is Republic Act No. 8177, providing for the lethal injection in
executing the death sentence. The Commission on Human Rights, in opposing the Death
Penalty Law, has recommended the ratification of the Protocol, as it violates human rights. The
Rome Statute of the International Criminal Court, adopted in 1998, imposes the maximum
penalty of life imprisonment even for heinous crimes.

According to the Preamble of Second Optional Protocol of the Covenant on Civil and
Political Rights, "the abolition of the death penalty contributes to the enhancement of human
dignity and progressive development of human rights."

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The Universal Declaration of Human Rights guarantees the right to life, liberty and
security of persons and that no one shall be subjected to torture, cruel, inhuman or degrading
treatment or punishment. Article VI of the Political Covenant which the Philippines ratified in
1986, states: "Every human being has the inherent right to life. This right shall be protected by
law. Xxx."

The imposition of the death penalty in the Philippines is practically an admission by our
policy-determining authorities that the State can no longer contain the commission of serious
crimes except by killing the offender. Saint Ambrose has said, "God who preferred the correction
rather than death of a sinner, did not desire that a homicide be punished by the execution of
another act of homicide."

Euthanasia—Mercy Killing

Another form of the deprivation of life is the practice of euthanasia. "Euthanasia" means
the decision of a person who is terminally ill with little hope of recovering may give his consent
to a physician to terminate his life or to withdraw all life support or medicine. Advocates justify
euthanasia as "mercy killing." A bill filed in the Congress of the Philippines, proposing to legalize
euthanasia for terminally ill patients upon request of the patient or his close relatives, if the
patient is unconscious, was opposed by the Commission on Human Rights as it constitutes
assistance to the commission of suicide penalized by Article 253 of the Revised Penal Code.
Legalizing euthanasia will pose possible dangers that close relatives may decide to terminate
the life of the patient for ulterior motives. It might take the form of homicide committed by close
family members. A physician or close relatives who decide among themselves the termination of
the life of a patient are putting the life of a person who is weak and helpless into their own
hands, which constitutes a clear violation of human right.

Abortion

"Abortion" whether intentional or unintentional expulsion of the fetus from the woman's
womb before the term of its viability is another violation of the right to life.

The Philippines has categorically rejected the doctrine laid down by the United States
Supreme Court in Roe vs. Wade, 110 U.S. 113 (1973), legalizing the abortion committed by a
woman at a certain stage of her pregnancy, on the ground of her right to privacy.

The Philippine Constitution guarantees the protection of the life of the unborn. Article II,
Sec. 12 of the Constitution reads:

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"The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. Xxx”

Legalizing abortion in the Philippines also contradicts Articles 256 and 257 of the
Revised Penal Code penalizing any abortion, whether intentional or unintentional.

Prohibition of Slavery and Involuntary Servitude

Slavery has been a legalized institution since the ancient Roman law period. Slave trade
was a profitable enterprise among nations until men realized that it is one of the worst forms of
human rights violation.

Attempts to suppress slavery started only in 1926 with the adoption of the International
Slavery Convention under the League of Nations. This was followed by the Supplementary
Conventions on the Abolition of Slavery. The Philippines acceded to the Slave Trade
Convention in 1964.

"Slavery" is defined in these conventions as the status or condition of a person over

whom any or all of the powers attaching to the right of ownership are exercised. "Slave" means
the status of a person over whom the right of ownership is attached (Article 1, Supplementary
Convention on Slavery). The slave is considered as a chattel or object which can be disposed of
at the will of the master.

The concept of slavery has been expanded to cover the practices of sale of children,
child labor, debt bondage, traffic of persons, exploitation or the prostitution of others.

Article 8 of the Covenant states that:

"No one shall be held in slavery and slave trade in all forms shall be prohibited."

Involuntary Servitude-Forced Labor

The Philippine Constitution states, that:

"No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted." (Art. I, Sec. 18 [2])

The Revised Penal Code of the Philippines penalizes anyone who shall purchase, sell,
kidnap or detain a human being for the purpose of enslaving him. A higher penalty is imposed
on the offended party if assigned to some immoral traffic (Art. 272, Revised Penal Code).

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Torture, Cruel, Inhuman or Degrading Treatment and Punishment

"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

pun-ishment. In particular, no one shall be subjected without his free consent to medical or
scientific experimentation" (Art. 7, Political Covenant).

Complementing this provision is the Convention Against Torture and Other Cruel or
Degrading Treatment or Punishment (1964) acceded to by the Philippines in 1986.
"Torture" is defined as any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third
person information or a confession, punishing him for an act he or a third person has committed
or is suspected of having commit-ted, or intimidating or coercing him or a third person, or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or of the
instigation of or with the consent or acquiescence of a public official or other person acting in an
official capacity (Art, 1, Convention on Torture)

Equality Before the Law

"All persons are equal before the law and are entitled without any discrimination to the
equal protection of the law" (Art. 26, Political Covenant).

The right of equality before the law prohibits any form of discrimination. It guarantees to
all persons equal and effective protection against discrimination on any ground such as race,
color, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status. It is the obligation of each State Party of the said Covenant to undertake to respect
and ensure to all individuals within its territory and subject to its jurisdiction the rights recognized
in the present Covenant, without any distinction of any kind such as race, color, sex, language,
religion, political or other opinion, national or social origin, property birth or other status. The
latter provision is more embracing as it guarantees the rights of individuals and aliens residing in
the country.
The protection against deprivation of liberty without due process of law of the land is not
limited to Philippine citizens. It also extends to alien residents (Borovsky vs. Commissioner of
Investigation, 90 Phil. 107 [1951]).

The Philippine Constitution provides that:

"No person shall be denied the equal protection of the laws." (Art. III, Sec. 1)

Equal protection of the law further means that all persons or things, similarly situated, must be
treated alike both as to the rights conferred and the liabilities imposed.

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Arbitrary Arrest and Detention

"Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and
in accordance with such procedures as are established by law" (Art. 9, Covenant).

Articles 124 and 125 of the Revised Penal Code of the Philippines penalizes any act of a
public officer or employee who detains any person without legal ground.
Arbitrary detention begins not merely from the moment a person is locked in a prison cell
but from the moment such person is deprived of his liberty without legal grounds.

Rights of the Arrested or Detained Person

Article 9 of the International Covenant on Civil and Political Rights enumerates the rights
of arrested person, namely:

"Any person arrested by police or military authorities should be informed, at the time of
ar-rest, of the reasons for his arrest. He should be brought promptly before a judge or other
officer authorized by law to exercise judicial power. He shall be entitled to appropriate
proceedings before a court, in order that the court may decide without delay on the lawfulness
of his deten-tion, and order his release if the detention is not lawful. A victim of unlawful arrest or
detention shall have an enforceable right to compensation." (Art. 9, Political Covenant)

Article III, Section 12 of the Philippine Constitution states in more detail the rights of a
person who is arrested and under investigation. He shall have the right to be informed of his
right to remain silent and to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of a counsel, he must be provided with one.

These rights cannot be waived except in writing and in the presence of counsel. No
torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited. Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.

The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

Miranda Doctrine

The Philippines has adopted the so-called "Miranda Doctrine," promulgated by the U.S.
Supreme Court in Miranda vs. Arizona, 384 U.S. 436 (1960), ruling that during the investigation

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of a detained person, he has the right to be informed of the charges against him and to be
assisted by an independent and competent counsel of his own choice when making a
statement. The "Miranda Doctrine" is stated in more detail in Republic Act No. 7438 on the
rights of persons under custodial investigation.

(1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, in-timidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violation of this section as well
as compensation to and rehabilitation of victims of torture or similar practices, and their families.

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

The next 22 articles of the Universal Declaration deal with economic, social and cultural
rights. Everyone has the right to social security, the right to work, the free choice of employment,
the right to equal pay for equal work and just remuneration for his work to ensure an existence
of the worth of human dignity.

A person has the right to maintain a standard of living adequate for his health and
well-being, including food, clothing, housing and medical care. He is entitled to social services
and to security in the event of unemployment, sickness, disability-widowhood, old age or other
lack of livelihood in circumstances beyond his control (Art. 25).

Rights to Education and Cultural Development

Everyone has the right to education directed to the full development of human
personality. Parents have the prior right to choose the type of education of their children (Art.
26). Persons have the right to freely participate in the cultural life of the community, the
protection of moral and material interests resulting from any scientific, literary or artistic
production.

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Development of Personality

Article 28 provides that everyone is entitled to a social and international order in which
the rights and freedoms set forth in the Declaration can be fully realized. Everyone has duties to
the community in which he lives for the free and full development of his own personality. In the
exercise of his rights and free-doms, everyone shall be subject only to such limitations that have
been established by law for the purpose of securing due recognition of the rights and freedoms
of others and of meeting the just requirements of morality, public order, and general welfare.
These rights may not be exercised contrary to the purposes and principles of the United Nations
(Art. 29).

The final article of the Declaration provides that these rights in the Declaration may not
be interpreted as implying for any state, group or persons to do anything aimed at destroying
the rights and freedoms set out in the Declaration.

The U.N. Declaration as a Common Standard of Achievement for All Nations

The Universal Declaration of Human Rights was a mere Declaration of norms to serve
as a common standard of achievement for all nations. It did not direct members of the UN to
enforce them. No sanctions or enforcement machinery was set up.

Article 55 of the Charter directs members to pledge themselves to the joint and separate
action in cooperation with the United Nations to achieve universal respect for an observance of
human rights and fundamental free-doms. Although it is not a legally binding document, most
nations have recognized the principles of the Declaration which have gained moral weight and
persuasion in the domestic offices. Its principles have been adopted in most state constitutions.

HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS

"DUE TO THEIR ORIGIN, STATUS AND CONDITION, SEVERAL SECTORS OF

SOCIETY ARE VERY VULNERABLE TO HUMAN RIGHTS VIOLATIONS. THEY ARE THE
WOMEN, CHILDREN, THE YOUTH, INDIGENOUS PEOPLES, THE MUSLIM POPULATION,
THE ELDERLY, PERSONS WITH PHYSICAL AND MENTAL DISABI-LITIES, THE PRISONERS
AND DETAINEES, INTERNALLY DISPLACED PERSONS, MIGRANT WORKERS, URBAN
POOR, IN-FORMAL, PRIVATE AND PUBLIC WORK-ERS, RURAL WORKERS PEASANTS
AND FISHERFOLKS, HOUSEHELPERS, REFUGEES AND STATELESS PERSONS."

Identification of the Vulnerable Sectors

The sectors found to be most vulnerable to human rights violations are: the women, the
children, the youth, the indigenous cultural minorities, the Muslim population, the elderly, the

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disabled people, the mentally disabled, the prisoners and detainees, the internally displaced
persons, the migrant workers, the urban poor, the refugees and the stateless persons, the
laborers (public, private and informal), rural workers, peasants and fisher-men. Not included in
the human rights plan are the house helpers which will be considered in this chapter.

RIGHTS OF CHILDREN
Due to age and mental immaturity, the child needs special protection and care for his full
development as a person before, as well as after birth. The comprehensive rights of a child are
enumerated in the Convention on the rights of the Child hereinafter referred to as convention
adopted in 1989. The Philippines ratified said Convention on 31 August 1990. A person below
the age of 18 years is considered a child under the Philippine law (Republic Act No. 6809).

Protection of the Life of a Child

As one of the basic state policies of the Philippines, the Philippine Constitution
guarantees the protection of a child, including the unborn.

Article II, Sec. 12 of the Philippine Constitution reads:

"The State shall recognize the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral character shall receive the
support of the Government."

Best Interests of the Child

In all matters concerning children, the courts of law or administrative authorities shall
bear in mind that the best interest of the child shall be a primary consideration (Art. 3,
Convention on the Child) The Child and Youth Welfare Code of the Philippines similarly
provides:
"In all questions regarding the care, custody, education and property of the child,
his welfare shall be of paramount consideration."

In a petition filed by adopting parents for the custody of the child which was contested by
his natural mother, the Court applying the principle of the "best interest of the child," granted the
custody of the child to the petitioners. The Court took into consideration the resources, moral
and physical and social standing of the adopting parents as against the natural mother who was
jobless and maintained illicit relations with a married man.

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Standard of Living—Doctrine of Parens Patriae

The Convention on the Rights of a Child recognizes the right of every child to a standard
of living adequate for his physical, mental, spiritual, moral and social development (Art. 27,
Convention). If the parents or guardians fail to provide an adequate standard of living for the
child, the state under the principle of parens patriae shall assume that responsibility (Article 3 of
the Child and Youth Welfare Code). Article XV, Sec. 3 (2) of the Philippine Constitution states:

"The right of children to assistance, proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions
required to their development."

The doctrine of parens patriae was applied in the case of Nery vs. Lorenzo, 44 SCRA
431 (1972). The case involved the proper share of minor children in the estate of the deceased.
The Court said the State as parens patriae has the duty of protecting the rights of persons or
individuals who, because of age or incapacity, are in an unfavorable position vis-a-vis other
parties.

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