Human Rights are generally defined as those rights which are inherent in our nature and without which we cannot live as human beings. Human Rights are the supreme inherent and inalienable rights to life, to dignity and to self development. It is the essence of this right that makes man human. Sources of Human Rights Laws: • • • • • • Universal Declaration of Human Rights (UDHR) International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social and Cultural Rights (ICESCR) Subsequent international human rights documents Relevant human rights provision of 1987 Philippine Constitution Domestic Laws and Issuances Basic Principles of Human Rights: • FIRST: All of us have equal rights to life, and share the same inherent human dignity. These are traditionally known as the rights of men. • SECOND: Even if we may not know who our parents are, we are never born without parents, and never outside society, a society within its own peculiar culture, history and resources. Besides our rights as person, we have rights as society, rights which we can exercise collectively as a people known as rights of the people. Basic Principles of Human Rights: • THIRD: Once a society reaches a certain degree of complexity, as almost all societies have, society can act only through government. But a government always acts as agent of the society. Characteristics of Human Rights: • INHERENT: they are not granted by any person or authority. They do not need any event for their existence. • Ex.: Right to life, right to dignity as human being • FUNDAMENTAL: without them the life and dignity of man will be meaningless. • Ex.: right to individual liberty, security of person, freedom of thought or religion. Characteristics of Human Rights: • INALIENABLE: they cannot be rightfully taken away from a free individual. • Ex.: freedom from torture • UNIVERSAL: applies to all human beings irrespective of their origin, status or condition or place where they live. These rights can be enforced without national border. Characteristics of Human Rights: • INDIVISIBLE: they are not capable of being divided. They cannot be denied even when other rights have already been enjoyed. • Ex.: freedom of expression or belief or opinion, freedom of religion and worship. Characteristics of Human Rights: • INTERDEPENDENT: the fulfillment or exercise of one right cannot be attained without the realization of the other. • IMPRESCRIPTIBLE: they cannot be lost even by a long passage of time. Man does not lose his rights even if he fails to use or assert them. • Ex.: freedom of thought, conscience and religion 3 LEVELS OF STATE OBLIGATION: • RESPECT – means to refrain from interfering with the enjoyment of people’s rights. • PROTECT – means to implement laws that provide equal protection to all persons from human rights violations by state authorities or by non-state actors. • FULFILL – refers to the act of establishing institutions and implementing systems, mechanisms or procedures that enable people to claim and enjoy their rights. General duties of individuals towards others and community: • Civil Code, Art. 19. – Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. • Civil Code, Art. 26. – Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. General duties of individuals towards others and community: • Civil Code, Art. 32. – Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages. “No cause is more worthy than the cause of human rights. Human rights are more than legal concepts, they are the essence of man/woman. They are what makes man/woman human. That is why they are called human rights: Deny them and you deny man’s or woman’s humanity.” -Sen. Jose W. Diokno- Thank You!
