Human
Rights and
Human
Rights
Principles
Bantay Kita
Training Module on
Free Prior and
Informed Consent
Presentation No. 1
Human Rights: A Review
• Human rights is not a new concept
• Even prior to Universal Declaration
of Human Rights (UDHR) in 1948.
Human Rights &
Human Rights Principles
Human Rights: A Review
• Early concept of HR was selective
and discriminatory, enjoyed only by
certain individuals/groups
Human Rights &
Human Rights Principles
Human Rights: A Review
• Gained more prominence and
recognition after World War II, as a
response to the atrocities committed
by States against citizens
Human Rights &
Human Rights Principles
Some Definitions
• Inherent entitlements, birthrights
and freedoms which every person
should possess & enjoy by virtue of
having been born a human being;
Human Rights &
Human Rights Principles
Some Definitions
• Human rights are protective
devices designed to shield or
protect individuals from random
violence & neglect;
Human Rights &
Human Rights Principles
Some Definitions
• Entitlements with legal basis that
protects individuals, groups,
sectors
Human Rights &
Human Rights Principles
Some Definitions
• Normative standards upon which
states are to conduct themselves
when relating with their citizens;
Human Rights &
Human Rights Principles
Two Major
Parties Involved
in the Realization
& Fulfillment of
Human Rights
Human Rights &
Human Rights Principles
Duty Bearer’s Obligations
Human Rights &
Human Rights Principles
Developments
Non-state actors (NSAs) – growing
influence & impact of activities,
policies, programs, of 3rd
parties/private entities on HR, e.g.
multinational companies, non-state
armed groups
Human Rights &
Human Rights Principles
Relationship Of Duty
Bearers and Rights Holders
(Responsibility)
Exercise
Claim
Defend
(Obligation)
Respect
Protect
Fulfill
Human Rights Principles
• Inherent
• Universal All HR equally belong
to every human being
regardless of sex, sexual
orientation, gender identity,
age, economic status, ethnicity,
religion, etc.
Human Rights &
Human Rights Principles
Human Rights Principles
• Every human being is entitled
to the same rights
• Interrelated and Interdependent
• addressing one right should
address other rights
• Accountability
Human Rights &
Human Rights Principles
Human Rights Principles
• Indivisibility All HR - civil, political,
economic, social & cultural - are
co-equal, equally important &
necessary
• No hierarchy of rights
Human Rights &
Human Rights Principles
Human Rights Principles
• Inalienability Everyone is born w/
the same HR (‘natural’) rights
• HR cannot be taken away, lost or
surrendered whatever the person
does or whoever the person is.
Human Rights &
Human Rights Principles
Human Rights Principles
• Indivisibility All HR - civil, political,
economic, social & cultural - are
co-equal, equally important &
necessary
• No hierarchy of rights
Human Rights &
Human Rights Principles
Human Rights Principles
• They are entitlements to a
totality of things a person
must have in order to be
human, & thus, cannot be
divided into parts.
Human Rights &
Human Rights Principles
Human Rights Principles
• Accountability
• States as duty-bearers are
responsible & have obligations
relating to rights. They are
duty-bound to comply with
their human rights obligations.
Human Rights &
Human Rights Principles
Human Rights Principles
• Accountability
• Requires the State and other
duty-bearers answerable to the
observance of human rights
and are held accountable for
their action or inaction
Human Rights &
Human Rights Principles
Human Rights Principles
• Accountability
• There must be accessible,
affective and independent
mechanisms and procedures
for redress
Human Rights &
Human Rights Principles
Legal Bases of HR
International HR Laws
“The formal expression of
inherent human rights is
through international
human rights law.” (UN, HR
Handbook for UN Staff, p. 3)
International & National Laws
• Basis of the legal obligations of
States regarding HR
• Basis for the justiciability of any
of the HR, i.e. States can be sued
for violation of rights; means/tool
to seek redress
Human Rights &
Human Rights Principles
Legal Bases of HR
The International
Bill of Human
Rights (IBHR)
consists of the
following:
Universal Declaration of Human
Rights (December 10, 1948)
• First 20th century document w/c
has “codified” HR
• Considered by the community of
nations to be the basic minimum
standards by w/c States should
treat their citizens
Human Rights &
Human Rights Principles
Legal Bases of HR
The International
Bill of Human
Rights (IBHR)
consists of the
following:
International Covenant on Civil
and Political Rights (ICCPR)
• Adopted on December 16, 1966;
Entered into force on March 23,
1976*
Human Rights &
Human Rights Principles
Legal Bases of HR
The International
Bill of Human
Rights (IBHR)
consists of the
following:
First Optional Protocol to the
International Covenant on Civil
and Political Rights
• Adopted in December 16 1966;
Entered into force March 23,
1976*
Human Rights &
Human Rights Principles
Legal Bases of HR
The International
Bill of Human
Rights (IBHR)
consists of the
following:
Second Optional Protocol to the
International Covenant on Civil
and Political Rights
• Adopted in December 15, 1989;
Entered into force July 11, 1991*
Human Rights &
Human Rights Principles
Legal Bases of HR
The International
Bill of Human
Rights (IBHR)
consists of the
following:
International Covenant on
Economic, Social and Cultural
Rights (ICESCR)
• Adopted in December 16, 1966;
Entered into force on January 3,
1976*
Human Rights &
Human Rights Principles
International Bill of HR
(IBHR)
Human Rights &
Human Rights Principles
Legal Bases of HR:
International
• Convention on the Elimination of
all Forms of Discrimination Against
Women (CEDAW)
Human Rights &
Human Rights Principles
Legal Bases of HR:
International
• Convention Against Torture &
Other Cruel, Inhuman or
Degrading Treatment or
Punishment (CAT)
Human Rights &
Human Rights Principles
Legal Bases of HR:
International
• Convention on the Rights of the
Child (CRC)
Human Rights &
Human Rights Principles
Legal Bases of HR:
International
• International Convention on the
Elimination of Racial
Discrimination (CERD)
Human Rights &
Human Rights Principles
Legal Bases of HR:
International
• International Convention on the
Protection of the Rights of All
Migrant Workers & Members of
Their Families
Human Rights &
Human Rights Principles
Legal Bases of HR:
International
• Internat’l Convention on the
Rights of Persons w/ Disabilities
Human Rights &
Human Rights Principles
Legal Bases of HR:
International
• Declaration on the Rights of the
Indigenous People (2006)
Human Rights &
Human Rights Principles
Select Legal Bases
of HR: National
1987 Philippine Constitution
1987 Philippine Constitution
• National/domestic laws
• RA 8371: Indigenous People’s
Rights Act of 1997
• RA 7942: Phil. Mining Act of 1995
• RA 6657: Comprehensive
Agrarian Reform Law of 1988
Human Rights &
Human Rights Principles
Select Legal Bases
of HR: National
• RA 7279: Urban Development &
Housing Act of 1992
• RA 8501: Housing Loan
Condonation Act of 1998
• RA 8368: An Act Repealing PD
772 (Penalizing Squatting &
Other Similar Acts)
• RA 3720: Foods, Drugs & Devices,
& Cosmetics Act
Human Rights &
Human Rights Principles
Select Legal Bases
of HR: National
• RA 8550: The Phil. Fisheries Code
of 1998
• RA 8435: Agriculture & Fisheries
Modernization Act of 1997
• RA 7877: Anti-Sexual Harassment
Law, 1997
• RA 8369: Anti-Rape Law of 1997
Human Rights &
Human Rights Principles
Select Legal Bases
of HR: National
• RA 7160: The Local Government
Code of the Philippines of 1991
• RA 9208: Anti-Trafficking in
Persons Act of 2003
Human Rights &
Human Rights Principles
Select Legal Bases
of HR: National
• RA 9262: Anti-Violence Against
Women and their Children Act of
2004
• RA 9344: Juvenile Justice and
Welfare Act of 2006
• RA 9710: Magna Carta of
Women, 2009
• RA 9502: Universally Accessible
Cheaper & Quality Medicines Act
of 2008
Human Rights &
Human Rights Principles
Sources
• http://www.ohchr.org/en/issues/pages/whatarehuman
rights.aspx
• http://www.ohchr.org/Documents/Publications/Compil
ation1.1en.pdf
• Various presentations from PhilRights
Human Rights &
Human Rights Principles
Acknowledgements of the support for
materials development from: