HUMAN RIGHTS EDUCATION CLJ 2

LESSON NO. 2 – COMPONENTS, STAGES, HISTORY AND SOURCES

BASIC PRINCIPLES OF HUMAN RIGHTS

1. Universality: Human rights must be afforded to everyone, without exception. The entire premise
of the framework is that people are entitled to these rights simply by virtue of being human.

2. Indivisibility: Human rights are indivisible and interdependent, which means that in order to
guarantee civil and political rights, a government must also ensure economic, social and cultural
rights (and visa versa). The indivisibility principle recognizes that if a government violates rights such
as health, it necessarily affects people’s ability to exercise other rights such as the right to life.

3. Participation: People have a right to participate in how decisions are made regarding
protection of their rights. This includes but is not limited to having input on government decisions
about rights. To ensure human rights, governments must engage and support the participation of
civil society on these issues.

4. Accountability: Governments must create mechanisms of accountability for the enforcement

of rights. It is not enough that rights are recognized in domestic law or in policy rhetoric, there must
actually be effective measures put in place so that the government can be held accountable if
those rights standards are not met.

5. Transparency: Transparency means that governments must be open about all information and
decision-making processes related to rights. People must be able to know and understand how
major decisions affecting rights are made and how public institutions, such as hospitals and
schools, which are needed to protect rights, are managed and run.

6. Non-Discrimination: Human rights must be guaranteed without discrimination of any kind. This
includes not only purposeful discrimination, but also protection from policies and practices which
may have a discriminatory effect.

COMPONENTS OF HUMAN RIGHTS

The four components of a human right are a subject or a right-holder, a duty-holder, an object
and implementation.

A subject or a right-holder is an individual (natural person), a group of individuals or a non-

governmental organization entitled to rights under the law and can take legal action to protect
or to promote those rights.

A duty-holder is an entity, normally a State that is obliged to respect, to ensure and to protect the
subject's rights or demands. In human rights, States are considered a duty-holders rather than
subjects though in international law the role of States as subjects is recognized as incontestable.

An object is the content of any given right and any duty of the holder of the right and the holder
of the obligation. This right and this duty are the human values and needs which are found in
human rights rules and norms.

The implementation is a set of measures, approaches, and initiatives designed to realize the right
concerned. This includes laws, administrative measures, legal writs and mechanisms adopted by
the three branches of government, namely, Congress, Executive and Judiciary.

A sample subject or right holder and an object or content of a human right can be found in Article
III, Section 12 of the 1987 Constitution that provides "I. 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." There are many more

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in the Article on the Bill of Rights and Article on Social Justice and Human Rights of the 1987
Constitution.

STAGES OF HUMAN RIGHTS

The three stages of human rights are idealization, positivization, and realization.

Idealization means that notions about human rights have started in the realm of ideas that reflect
a consciousness against oppression, dehumanization or inadequate performance by the State

Positivization is the second stage where support for the ideas became strong and the stage is set
to incorporate them into some legal instruments, whether domestic law or international law.

Realization is the last stage where these rights are enjoyed by the citizens of the State by the
transformation of the social, economic, and political order.

State Obligations to Human Rights

1. Obligation to RESPECT – abstain from doing anything that violates the integrity of individual or
limits his freedom.

2. Obligation to PROTECT – enforce measures necessary to prevent other individuals or groups from
violating the integrity, freedom of action, or the human rights of the individual.

3. Obligation to FULFILL – take measures to ensure for each person within its jurisdiction
opportunities to obtain satisfaction of those need which cannot be secured by personal efforts.

HISTORY OF HUMAN RIGHTS

Cyrus the Great - the first king of Persia, frees the slaves of Babylon, 539 B.C. But it was his next
actions that marked a major advance for Man. He freed the slaves, declared that all people had
the right to choose their own religion, and established racial equality.

These and other decrees were recorded on a baked-clay cylinder in the Akkadian language with
cuneiform script. Known today as the Cyrus Cylinder, this ancient record has now been
recognized as the world’s first charter of human rights. It is translated into all six official languages
of the United Nations and its provisions parallel the first four Articled of the Universal Declaration of
Human Rights.

The Spread of Human Rights

From Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome.
There the concept of ― natural law arose, in observation of the fact that people tended to follow
certain unwritten laws in the course of life, and Roman law was based on rational ideas derived
from the nature things.

Documents asserting individual rights are the following:

1. Magna Carta (1215)
2. The Petition of right (1628)
3. US Constitution (1787)
4. French Declaration of the Rights of Man and of the Citizen (1789)
5. US Bill of Rights (1791) are the written precursors to many of today’s human rights
documents.

The Magna Carta (1215)

Magna Carta - Great Charter (Latin)
This was signed by the King of England in 1215, was a turning point in human rights.

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In 1215, after King John of England violated a number of ancient laws and customs by which
England had been governed, his subject forced him to sign the Magna Carta, which enumerates
what later came to be thought of as human rights.

Among them were:

a. The right of the church to be free from governmental interference

b. The rights of all free citizens to own inherit property and to be protected from excessive
taxes.
c. It established the right of widows who owned property to choose not to remarry,
d. Established principles of due process and equality before the law.
e. It also contained provisions forbidding bribery and official misconduct.

Petition of Right (1628)

The English Parliament sent this statement of civil liberties to King Charles I.
Sir Edward Coke – initiated Petition of Right which was produced by the English Parliament.
It asserted four principles based upon earlier statues and charters:
a. No taxes may be levied without consent of Parliament,
b. No subject may be imprisoned without cause shown (reaffirmation of the right of habeas
corpus),
c. No soldiers may be quartered upon the citizenry, and
d. Martial law may not be used in time of peace.

United States Declaration of Independence (1776)

Thomas Jefferson - (author) penned the American Declaration of Independence.

July 4, 1776 - the United States Congress ap proved the Declaration of Independence.

Declaration stressed two themes:

A. individual rights and,

B. The right of revolution.
These ideas became widely held by Americans and spread internationally as well, influencing in
particular the French Revolution.

The Constitution of the United States of America (1787) and Bill of Rights (1791)

a. Bill of Rights of the US Constitution - protects basic freedoms of United States citizens.
b. Written during the summer of 1787 in Philadelphia.
c. The Constitution of the United States of America - is the fundamental law of the US federal
system of government and the landmark document of the Western world.
d. It is the oldest written national constitution in use and defines the principal organs of
government and their jurisdictions and the basic rights of citizens.

The first ten amendments to the Constitution - the Bill of Rights – came into effect on December
15, 1791, limiting the powers of the federal government of the United States and protecting the
rights of all citizens residents and visitors in American territory.

Declaration of the Rights of Man and of the Citizen (1789)

In 1789 the people of France brought about the abolishment of the absolute monarchy and set
the stage for the establishment of the first French Republic.

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The Declaration proclaims that all citizens are to be guaranteed the rights of ―liberty, property,
security, and resistance to oppression.

It argues that the need for law derives from the fact that ―… the exercise of the natural rights of
each man has only those borders which assure other members of the society the enjoyment of
these same right. Thus, the Declaration sees law as an ― expression of the general will, intended
to promote this equality of rights and to forbid ― only actions harmful to the society.

The First Geneva Convention (1864)

a. The original document from the first Geneva Convention in 1864 provided for care to
wounded soldiers.
b. The diplomatic conference was held for the purpose of adopting a convention for the
treatment for wounded soldiers in combat.
c. The main principles laid down in the Convention and maintained by the later Geneva
Conventions provided for the obligation to extend care without discrimination to wounded
and sick military personnel and respect for and marking of medical personnel transports
and equipment with the distinctive sign of the red cross on a white background.

The United Nations (1945)

April 1945, delegates from fifty countries met in San Francisco full of optimism and hope. The goal
of the United Nations Conference on International Organization was to fashion an international
body to promote peace and prevent future wars. The ideals of the organization were stated in
the preamble to its proposed charter:

―We the peoples of the United Nations are determined to save succeeding generations from the
scourge of war, which twice in our lifetime has brought untold sorrow to mankind.

The Charter of the new United Nations organization went onto effect on October 24, 1945, a date
that is celebrated each year as United Nations Day.

The Universal Declaration of Human Rights

October 24, 1945, in the aftermath of World War II, the United Nations came into being as an
intergovernmental organization, with the purpose of saving future generations from the
devastation of international conflict.

December 10, 1948. United Nations representatives from all regions of the world formally adopted
the Universal Declaration of Human Rights.

The Charter of the United Nations established six principles bodies:

1. General Assembly
2. Security Council
3. International Court of Justice
4. Economic and Social Council ( ECOSOC)
5. Secretariat
6. Trusteeship Council

Origin of Human Rights in the Philippines

➢ 20 June 1899 – Malolos Constitution: contained several provisions on civil and political
rights

➢ 1902 – Philippine Bill of 1902

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 ➢ 1916 – Philippine Autonomy Act of 1916/Jones Law

➢ 1934 – Philippine Independence Act of 1934/Tydings-McDuffee Law

➢ 1935 – First Philippine Constitution: contained Bill of Rights

➢ 1973 – Second Philippine Constitution

➢ 1983 – Third Philippine Constitution

➢ 1987- Present Constitution

THEORIES OF SOURCES OF HUMAN RIGHTS

1. Religious/Theological Approach - A basis of human rights theory stemming from a law higher
than the state and whose source is the Supreme Being.

a. Human rights are not concessions granted by human institutions or states, or any
international organization as they are God-given rights.
b. Central to the doctrines of all religions is the concept of dignity of man as a consequence
of human rights.
c. The divine source gives human beings a high value of worth.
d. The belief of a universal common creation means a common humanity and consequently
universal, basic and fundamental rights. And since rights come from a divine source, they
are inalienable and cannot be denied by mortal beings.

Criticism: Some religions impose so many restrictions on individual freedom; some religions even
tolerate slavery, discrimination against women, and imposition of the death penalty

2. Natural Law Theory - Originated from the Stoics and elaborated by Greek philosophers and later
by ancient Roman law jurists.

a. Perceives that the conduct of men must always conform to the law of nature.
b. Natural law embodies those elementary principles of justice which were right reason, i.e.,
in accordance with nature, unalterable, eternal.

Philosophers of the Natural Law:

Thomas Aquinas – considered natural law as the law of right reason in accordance with the law
of God, commonly known as the scholastic natural law
Hugo Grotius – the natural characteristics of human beings are the social impulse to live peacefully
and in harmony with others whatever conformed to the nature of men as natural human beings
was right and just; whatever is disturbing to social harmony is wrong and unjust
John Locke – envisioned human beings in a state of nature, where they enjoyed life, liberty and
property which are deemed natural rights
Nuremberg Trials – rationale for finding the Nazis guilty: the crimes committed were offenses
against humanity and there is no need of a law penalizing the acts.

3. Positivist Theory/Legal Positivism

All rights and authority come from the state and what officials have promulgated.
The only law is what is commanded by the sovereign.
The source of human rights is to be found only in the enactment of a law with sanctions attached.
A right is enjoyed only if it is recognized and protected by legislation promulgated by the state.

4. Historical Theory

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Advocates that human rights are not deliberate creation or the effort of man but they have
already existed through the common consciousness of the people of what is right and just.

Human rights exist through gradual, spontaneous and evolutionary process without any arbitrary
will of any authority.

5. Theory of Marxism

a. Emphasizes the interest of society over an individual man’s interest. Individual freedom is
recognized only after the interest of society is served.
b. Concerned with economic and social rights over civil or political rights of community.
c. Referred to as “parental” with the political body providing the guidance in value choice.
But the true choice is the government set by the state

6. Functional/Sociological Approach

a. Human rights exist as a means of social control, to serve the social interests of society.
b. It lays emphasis of obtaining a just equilibrium of multifarious interests among prevailing
moral sentiments and the social and economic conditions of the time and place.

7. Utilitarian Theory

a. Seeks to define the notion of rights in terms of tendencies to promote specified ends such
as common good.
b. Every human decision was motivated by some calculation of pleasure and pain. The goal
is to promote the greatest happiness of the greatest number.
c. Everyone is counted equally, but not treated equally.
d. Requires the government to maximize the total net sum of citizens.
e. An individual cannot be more important than the entire group. A man cannot simply live
alone in disregard of his impulse to society.
f. The composite society of which the individual is a unit has on its own wants, claims and
demands. An act is good only when it takes into consideration the interests of the society
and tends to augment the happiness of the entire community.

8. Theory Based on Dignity of Man/Policy Science Approach

a. Human rights means sharing values of all identified policies upon which human rights
depend on.
b. The most important values are respect, power, knowledge, health, and security.
c. The ultimate goal of this theory is a world community where there is democratic sharing
and distribution of values.
d. All available resources are utilized to the maximum and the protection of human dignity is
recognized.

9. Theories of Justice

a. Each person possesses inviolability founded on justice.

b. The rights secured for justice are not subject to political bargaining or to social interests.
c. Each person has equal rights to the whole system of liberties. There is no justice in a
community where there are social and economic inequalities.
d. The general conception of justice is one of fairness and those social primary goods such
as opportunity, income and wealth and self-respect are to be distributed equally.

10. Theory Based on Equality and Respect of Human Dignity

a. The recognition of individual rights in the enjoyment of the basic freedoms such as freedom
of speech, religion, assembly, fair trial and access to courts.

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 b. Governments must treat all their citizens equally. For this purpose, the government must
intervene in order to advance general welfare.

SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW

1. International conventions
2. International customs
3. General principles of law recognized by the community of nations
4. Judicial decisions and the teachings of the most highly qualified publicists

Treaties

➢ Also known as international agreements, conventions, or covenants.

➢ They are legally binding written agreements concluded between States.

➢ Art. 2, par. 1(a), VCLT – A treaty is an international agreement concluded between states in
written form and governed by international law whether embodied in a single instrument or in
two or more related instruments whatever its particular designation.

Protocol

➢ Subsequent agreement relative to an existing treaty.

State is bound to a treaty

• A State’s consent to be bound by a treaty is expressed through ratification, approval, or

acceptance.

• The act of merely signing a treaty is not enough to bind the State. Once a treaty is ratified, the
State is bound to faithfully comply with its treaty obligations under the doctrine of “pacta sunt
servanda”.

• Pacta sunt servanda – International agreements must be performed in good faith. A treaty
engagement is not a mere moral obligation but creates a legally binding obligation on the
parties. A state which has contracted a valid international agreement is bound to make in its
legislation such modification as may be necessary to ensure fulfillment of the obligation
undertaken.

Core international human rights treaties:

1. International Convention on Civil and Political Rights

2. International Convention on Economic, Social, and Cultural Rights
3. Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment
4. International Convention on the Elimination of All Forms of Racial Discrimination
5. Convention on the Rights of the Child
6. Convention on the Elimination of All Forms of Discrimination Against Women
7. International Convention on the Protection of the Rights of All Migrant Workers and Members
of their Families
8. International Convention for the Protection of All Persons from Enforced Disappearances
9. International Convention on the Protection and Promotion of the Rights and Dignity of Persons
with Disabilities

International Customary Law:

➢ This consists of rules of law derived from the consistent conduct of States acting out of the
belief that the law required them to act that way.

Jus Cogens

➢ Literally means “compelling law”. It is a norm accepted and recognized by the international
community of States as a whole from which no derogation is permitted and which can be

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 modified only by a subsequent norm of general international law having the same character
(Vienna Convention on the Law of Treaties).

➢ A unique class of customary laws that occupy the highest echelon in Human Rights Law
hierarchy.

➢ This group of fundamental norms is superior to other sources of international law and need not
be agreed upon by States in a treaty in order to form part of their jurisprudence. They are
deemed to be inderogable.

➢ Elements of jus cogens:

1. It is a peremptory norm of general international law;

2. It is accepted and recognized by the international community;
3. There can be no derogation therefrom;
4. It can be modified only by a subsequent norm of general international law having the
same character.

➢ The concept of jus cogens became controversial because of the difficulty in determining what
is the norm, considering that different States may have different cultural influences and
different standards to gauge what is peremptory norm.

➢ Norms considered as jus cogens in character:

1. Laws on genocide
2. Acts of aggression
3. Principle of self-determination
4. Principle of racial non-discrimination
5. Crimes against humanity
6. Prohibition against slavery and slave trade
7. Piracy
8. Torture

Obligatio erga omnes

➢ These are international obligations that are owed by States to all, regardless of the presence
or absence of their assent to be bound thereby.

➢ These obligations are intertwined with the concept of jus cogens and usually arise from jus
cogens rights.

➢ Examples:

1. Outlawing of acts of aggression;

2. Outlawing of genocide;
3. Basic human rights;
4. Protection from slavery and racial discrimination;
5. Obligations relating to self-determination;
6. Obligations relating to the environment of common space

➢ Barcelona Traction Light and Power Company (Belgium v. Spain) – the International Court of
Justice made a distinction between the State’s obligation to the international community and
its obligations to another State in the field of diplomatic protection.

➢ If a State violates a treaty with another State and the treaty only pertains, for instance, to their
bilateral agreement regarding trade, that infringement is a private matter between the
contracting States.

➢ Where human rights laws which are of paramount importance for the international community
are violated, all states have a legal interest in their protection for they are obligations erga
omnes.

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Differences between erga omnes and jus cogens

Erga omnes Jus cogens

Only some rules creating erga omnes All jus cogens rules create erga omnes
obligations are rules of jus cogens. obligations.
They embody moral values which are of It is on their recognition by the international
universal validity. community “as a whole”.
All States to which the obligation is owed are
Consequences deriving from a breach of
entitled to claim from the responsible State in
erga omnes obligations along with further
particular: cessation of the internationally
consequences specific in Art. 53 of the
wrongful act and performance of the
Vienna Convention Law on Treaties (a treaty
obligation of reparation in the interest of the
is void if, at the time of its conclusion, it
State, entity or individual which is specifically
conflicts with a peremptory norm of general
affected by the breach. Restitution should be
international law).
effected unless materially impossible.

Universal jurisdiction of jus cogens and erga omnes obligations

➢ The principles of jus cogens and erga omnes transcend boundaries.

➢ A State may prosecute a crime committed elsewhere if such crime is a jus cogens crime.

➢ The creation of the International Criminal Court (ICC) and other international criminal tribunals
also reduced the need for the exercise by individual States of universal jurisdiction.

Actio popularis

➢ Prosecution of jus cogens crimes may be initiated by another person or group of persons for
the benefit of another through a complaint actio popularis.

➢ Complaints actio popularis do not necessarily arise from erga omnes obligations: the term erga
omnes refers to obligations of States to the international community, while actio popularis is a
rule of procedure in bringing a suit on another’s behalf.

➢ A mechanism in international law that allows the prosecution of jus cogens crimes.

General Principles of Law

➢ These are unwritten, and uncodified concepts from which laws are based. A principle of law
may evolve from local or municipal jurisprudence of a State which is adopted by other States,
from teachings and publications, and from works of experts.

➢ Examples:

1. Pacta sunt servanda

2. Rebus sic stantibus
3. Par in parem non habet imperium (State immunity from suit)
4. Right of states to self-defense
5. Right to self-determination of people

Yogyakarta Principle

➢ It comprises mostly of human rights principles already embodied in other treaties and are
considered fundamental human rights of every individual regardless of sex.

➢ These rights become controversial where it refers to LGBT, simply because of traditional gender
stereotyping.

Incorporation Clause

➢ The Philippine Constitution adopts the generally accepted principles of international law as
part of the law of the land. Hence, Congress cannot repeal, amend, or abrogate principles
of international law.

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➢ This means that the Philippines has the obligation to observe generally accepted principles of
international law not only as a customary law but because of the express provision of the
incorporation clause in the Philippine Constitution.

➢ Kuroda v. Jalandoni – the Philippine SC ruled that the Military Commission created by the PH
President which tried General Kuroda of the Japanese Imperial Army for the war crimes
committed in the Philippine territory during the World War II was valid and constitutional by
virtue of the incorporation clause, notwithstanding the fact that the Philippines was not a
signatory of The Hague and Geneva Conventions at that time.

Judicial decisions and teachings:

• International case law – is recognized in Art. 38 of the Vienna Convention on the Law on
Treaties as a subsidiary means for the determination of rules of law.

• International case law may consist of judgments of international tribunals, the regional courts,
and even domestic courts, although international tribunals rarely look to decisions of domestic
courts in ruling an international dispute.

• The teachings of most highly qualified publicist may also be consulted in ruling an international
dispute.

International and regional tribunals:

1. International Court of Justice (ICJ) – The principal organ of the United Nations Organization. It
was established by the Charter of the United Nations in June 1945.

At the ICJ, only member States may lodge complaints. Individuals are not recognized as
parties in that court. It exercises jurisdiction in 2 kinds of cases:

a) Contentious cases – cases submitted by State members of the UN, or other States
which are parties to the Statute of the Court or which have accepted its jurisdiction;
and

b) Advisory proceedings – requests for advisory proceedings on legal matters submitted

by UN organs and specialized agencies.

The Barcelona Traction case decided by the ICJ laid down 2 important doctrines:

a) A State can bring the case for the benefit of a corporation; and

b) It made an obiter dictum recognizing and expanding the meaning of erga omnes
obligations.

2. International Criminal Court (ICC) – a court created by the Rome Statute of the International
Criminal Court on July 1998. It is an independent permanent international criminal court, and
known as the court of last resort, and will only try cases after the exhaustion of remedies before
domestic courts, and only for the gravest offenses.

The cases which may be tried at the ICC are:

a) Crimes against humanity

b) War crimes
c) Genocide
d) Crimes of aggression

3. Ad hoc criminal tribunals:

a) International Criminal Tribunal of the former Yugoslavia (ICTY)

b) International Criminal Tribunal for Rwanda (ICTR)
c) Nuremberg Tribunal (prosecution of major war criminals of the Nazi empire)
d) Tokyo Tribunal (for atrocities committed during World War II by the Japanese Imperial
Army)

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4. Regional Courts:

a) European Court of Human Rights

b) Inter-American Court of Human Rights
c) African Court of Human and People’s Rights

5. Hybrid or internationalized courts – these are courts which are a mix of domestic and
international, both in the judges and staff as well as the laws applied, BUT they either are
integrated in the domestic judicial system or appended to it.

a) Sierra Leone – The Special court for Sierra Leone

b) Cambodia – Known as the Extraordinary Chambers in the Courts of Cambodia.

c) East Timor – Special Panels of Serious Crimes

d) Kosovo – Known as “Regulation 64” Panels in the Courts of Kosovo.

Contentious jurisdiction

➢ In the exercise of its jurisdiction in contentious cases, the International Court of Justice has to
decide, in accordance with international law, disputes of a legal nature that are submitted to
it by States.

➢ An international legal dispute can be defined as a disagreement on a question of law or fact,

a conflict, a clash of legal views or of interests.

Advisory jurisdiction

➢ Since States alone have the capacity to appear before the Court, public international
organizations cannot as such be parties to any case before it.

➢ A special procedure—the advisory procedure—is available to such organizations and to them

alone.

➢ The Court’s advisory opinions have no binding effect. The requesting organ, agency, or
organization remains free to decide, by any means open to it, what effect to give to these
opinions.

Martens Clause (1989 Hague Convention):

“Until a more complete code of the laws of war is issued, the High Contracting Parties
think it right to declare that in cases not included in the Regulations adopted by them,
populations and belligerents remain under the protection and empire of the principles of
international law, as they result from the usages established between civilized nations, from the
laws of humanity and the requirements of the public conscience.”

Sources of Domestic Human Rights

1. Constitution, Articles III and XIII

2. Statutes
a. Rights of the Child
o R.A. No. 9344, as amended by R.A. No. 10630 (An Act Establishing a Comprehensive
Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare Council
under the Department of Social Welfare and Development, Appropriating Funds
Therefor, and for Other Purposes)
o R.A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and
Discrimination Act)
o R.A. No. 9231 (An Act Providing For The Elimination Of The Worst Forms Of Child Labor
And Affording Stronger Protection For The Working Child, Amending For This Purpose
Republic Act no. 7610, As

Amended, Otherwise Known As The "Special Protection Of Children Against Child Abuse,
Exploitation And Discrimination Act)

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 o R.A. No. 9775 (Anti-Child Pornography Act of 2009)
o R.A. No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
o R.A. No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012)

b. Rights of Women
o R.A. No. 10364 (The expanded Anti-trafficking law in Persons Act of 2012)
o R.A. No. 9262 (VAWC law)
o R.A. No. 9710 (The Magna Carta of Women)
o R.A. No. 8972 (Solo Parents' Welfare Act of 2000)
o R.A. No. 7877 (Law against Sexual Harassment)
o Act 4112 (Women Suffrage Act)
o PD 663, as amended (Creating the National Commission on the Role of Filipino Women)
o EO 273 - Philippine Plan for Gender-Responsive Development
o Pres. Proc. 1172 - Campaign to End Violence Against Women
o RA 6955 -Act Against Mail Order Brides

c. Rights of lesbian, gay, bisexual, transgender, queer (or sometimes questioning), and others
(LGBTQ+)
o Case Law/Jurisprudence - Ang Ladlad vs. COMELEC, 2010
o NOTE:
The rights of lesbian, gay, bisexual, transgender, queer (or sometimes questioning), and
others (LGBTQ+) in the Philippines are not fully recognized and protected by the national
government. There is no law that explicitly prohibits discrimination or violence based on
sexual orientation, gender identity, gender expression, or sex characteristics (SOGIESC) at
the national level. However, there are some legal developments and initiatives that have
advanced LGBTQ+ rights in the country.
o One of the landmark cases that affirmed LGBTQ+ rights in the Philippines was Ang Ladlad
vs. COMELEC in 2010. In this case, the Supreme Court ruled that the Commission on
Elections (COMELEC) violated the constitutional rights of Ang Ladlad, a political party
representing the LGBTQ+ community, when it denied its application for accreditation to
participate in the party-list system. The Supreme Court held that Ang Ladlad was not a
threat to public morals, and that its members were entitled to equal protection of the
law and freedom of expression and association. The Supreme Court also recognized that
international human rights instruments, such as the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights, protect the rights of LGBTQ+
people.

d. Rights of Senior Citizens

o RA 7432 - Senior Citizen's Act
o RA 7876 - Senior Citizen Center Act
o RA 9994 - Expanded Senior Citizen Act

e. Rights of Migrant Workers

o Department Advisory No. 1, Series of 2015 - Renumbering of the Labor Code of the
Philippines, as Amended.
o PD 442 - Labor Code of the Philippines
o R.A. No. 8042 - Migrant Workers and Overseas Filipinos Act of 1995), as amended by R.A.
No. 10022
o RA 8187 - Paternity Leave Act
o RA 8282 - Amending RA 1161 - The Social Security Law
o RA 8291 - The Government Service Insurance System Act

f. Rights of Disabled Persons

o BP 344 (An Act to Enable the Mobility of Disabled Persons)
o R.A. No. 7277 (Magna Carta of Disabled Persons), as amended by R.A. Nos. 9442 and
10070
o RA 9442 - Law amending the Magna Carta of Disabled Persons
o RA 10070 - Act requiring the creation of Persons with Disability Affairs Office (PDAO) by
LGU's
o DILG MC 2009-29 - On issuance of Identification Cards and and purchase booklets for
PWD's
o DILG MC 2009-29 - On community-based programs for children with Disability

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 o Adm. No. 35 - Directing departments, bureaus, agencies and educational institutions to
conduct activities during the annual observance of the National Disability Prevention
and Rehabilitation Week

e. Rights of Indigenous Peoples

o R.A. No. 8371 (The Indigenous Peoples’ Rights Act of 1997)

f. Right to Life, Liberty and Security

o R.A. No. 10353 - The Anti -Enforced or Involuntary Disappearance Act of 2012
o R.A. No. 9745 (Anti-Torture Act of 2009)
o Writ of Amparo
o Adm. Order 181 - Investigation and Prosecution of Political and Media Killings
o Adm. Order 197 - Enforced Disappearances and Killings

g. Right to Privacy
o S.C. Adm. Mat. No. 08-1-16-SC - The rule on Habeas Data
o RA 9995 - Anti-Photo and Video Voyeurism
o RA 10173 - Data Privacy Act

h. Right of Unjustly Arrested and/or Detained persons

o RA 7309 - Law creating the Boards of Claims
o the Rule on Habeas Corpus
o RA 9439 - Law Against Hospital Detention
o RA 10368 - Human Rights Victims Reparation and Recognition Act of 2013

i. Rights of accused, victims, and witnesses of crimes

o RA 8505 - Rape Victim Assistance Act
o RA 6981 - Witness Protection Program
o RA 9999 - Free Legal Assistance Act
o RA 9346 - Law Abolishing Death Penalty

3. Supreme Court Issuances

o Rule on the Writ of Amparo

o Rule on the Writ of Habeas Data
o Rule on the Writ of Kalikasan

4. Supreme Court Decisions

Activity No. 3

Answer on a yellow sheet of paper. Submit on Monday, September 2, 2024.

1. Read the speech delivered by former Chief Justice Reynaldo S. Puno last April 18, 2007, titled
“The Old Struggle for Human Rights, New Problems Posed by Security”

Write a reaction paper consisting of 500 words based on the following guide questions:

What are the issues/challenges presented?

What are the bases of these issues/challenges?
Why is there a need for these issues/challenges to be discussed?

2. Enumerate the Human Rights Institutions or treaty bodies.

3. Enumerate the Human Rights treatises to which the Philippines is a signatory.

‘Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time.’
– Thomas A. Edison

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