Maria Notes - HR

M A R I A notes
A.Y. 2019-2020
PRE-MIDTERM: HUMAN RIGHTS | Atty. Odron
HUMAN RIGHTS DEFINITIONS: STATUTORY RIGHTS VS. NATURAL RIGHTS

• also called civil • are those rights
United Nations: rights which are which are
Human rights are rights inherent to all human imposed by universal (rights)
beings, regardless of race, sex, nationality, ethnicity, government and morally
language, religion, or any other status. Human rights bodies to regulate afforded to all
include the right to life and liberty, freedom from criminal and civil people at birth.
slavery and torture, freedom of opinion and expression, matters.
the right to work and education, and many more.
Everyone is entitled to these rights, without • basically those • these rights are
discrimination. codified rights unalienable in
which are given by nature which are
UN International Covenants and Declarations: a legal system of a not given by any
Human rights are inherent in nature and country and government
without which we cannot live as human beings. authority and law
• it can be • these rights can’t
Commission on Human Rights (CHR): modified, be modified or
Human rights are the supreme inherent and repealed, and repeal.
inalienable rights to life, dignity and to self- restrained by legal
development. body (authority).
University of Minnesota Human Rights Resource

Center: • Legal rights • Moral rights
Human rights are those rights that belong to arising out of (natural rights)
every individual—man or women, girl or boy, infant or customs and are based on
elder —simply because she or he is a human being. They conventions. principles of
embody the basic standards without which people religion,history,
cannot realize their inherent human dignity. and secularism.
COMMONALITY AMONG THE DEFINITIONS: GENERATION OF HUMAN RIGHTS
Human rights are birthrights wihtout which 1) Civil and Political Rights – first generation
people cannot live in dignity as human beings. rights.
These are liberty-oriented rights that the law

WHEN DO WE START ENJOYING HUMAN will enforce at the instance of private
RIGHTS? individuals for the purpose of securing to them
the enjoyment of happiness.
Human rights are inherent because as human
beings are born equal in dignity and in rights. We For example, right to be secure on one’s person
consider a human being to have rights upon birth. houses, papers & effects, right to privacy of
communication, right to travel, freedom of
religion.
University of the Visayas – GULLAS Law M A R I A notes

A.Y. 2019-2020
M A R I A notes
A.Y. 2019-2020
4. Optional Protocol to the Covenant on Civil

These rights guarantee people from abuses of
and Political Rights ( OPCCP)
agents of the State in the exercise of the State’s
three inherent powers, namely; police power,
power of eminent domain, and power of
taxation.
STATE OBLIGATIONS TO HUMAN RIGHTS
Those rights which enable us to participate in
1. Obligation to RESPECT
running the affairs of the government either
directly Requires the state and all its organs and
or indirectly. agents, to abstain from doing anything that
violates the integrity of the individual or
2) Economic, Social and Cultural Rights – fringes on his/her freedom.
second generation rights.
These are security-oriented rights of the 2. Obligation to PROTECT

people to self-determination, and to pursue Requires from the state and its agents to
economic, social and culutral development and adopt measures and means necessary to
financial security. prevent other individuals or groups from
violating the integrity, freedom of action or
For example the rights to: work, education, a other HR of innocent individuals.
reasonable standard of living; food, shelter and
health care.
3. Obligation to FULFILL
They are called positive rights because State is Requires from the state to tak measures to
expected to take effective measures to fulfill ensure for each person within its
them. They are likewise referred to as jurisdiction, opportunities to obtain
programmable rights because their satisfaction of those needs, recognized in
fulfillment depends upon the resources and the HR Instruments, which cannot be
political will of the State. secured by personal efforts.
INTERNATIONAL BILL OF HUMAN RIGHTS WHAT SITUATION DOES THE STATE

DEROGATE HUMAN RIGHTS ?
1. Universal Declaration of Human Rights
(UDHR) Hand in hand with human rights which
individuals must enjoy, is the right of the State to
2. International Covenant on Civil and Political national security. Thus, some individual rights are not
Rights (ICCPR) absolute or are derogable.
For example, during Martial Law where habeas
3. International Covenant on Economic, Social corpus is suspended because it is an emergency
and Cultural Rights (ICESCR) situation where the life of the nation is at threat.

A.Y. 2019-2020
M A R I A notes
A.Y. 2019-2020
FIVE PILLARS OF JUSTICE TREATY VS PROTOCOL
1. COMMUNITY *
A ‘treaty’ is a formally concluded and ratified
agreement between States. The term is used generically
Generally, an ideal community is a peaceful
to refer to instruments binding at international law,
community. When a person commits an
concluded between international entities (States or
offense, the steps to be undertaken are:
organizations).
1. Apprehension – arrest under Rule 113, Under the Vienna Conventions on the Law of
Revised Rules of Procedure. Taking a person in Treaties, a treaty must be:
full custody so that he may be bound to answer (1) a binding instrument, which means that the
for the commission of an offense. contracting parties intended to create legal rights and
duties;
2. Detention – Article 124 (2), Revised Penal
(2) concluded by states or international organizations
Code
with treaty-making power;
Commission of a crime is a ground for (3) governed by international law and
detention. (4) in writing.
[* from Selina’s notes]
The term ‘protocol’ is used for an additional
2. LAW ENFORCEMENT
legal instrument that complements and add to a treaty.
Conducts criminal investigation and A protocol may be on any topic relevant to the original
surveillance, executes search warrant and treaty and is used either to further address something
warrant of arrest. in the original treaty, address a new or emerging
concern or add a procedure for the operation and
3. PROSECUTION enforcement of the treaty—such as adding an individual
complaionts procedure.
Determine probable cause, prosecutes criminal
cases for People of the Philippines.
Retrieved from:
4. COURTS https://www.unicef.org/french/crc/files/Definition
Dettle justiciable controversies or disputes s.pdf
involving rights that are enforceable and
demandable before the court if hustice or the
redress of wrongs for the violation of such
rights.
Determine whether or not there has been grave

of discretion amounting to lack or excess of
jurisdiction on any part or branch or
instrumentality of government.
5. CORRECTIONS
Custody of prisoners (committed by the court)

A.Y. 2019-2020
M A R I A notes
A.Y. 2019-2020
INTERNATIONAL HUMAN RIGHTS LAW (IHRL)

vs.
INTERNATIONAL HUMANITARIAN LAW (IHL)
IHRL IHL
Lays down the pbligations Otherwise referred to as
of the Government to act the law of armed conflict
in certain ways or to or law of war.
refrain from certain acts,
in order to promote and
protect human rights and
fundamental freedoms of
individuals or groups.
Applicable during peace Applicable in times of war
time and war time only.
Broader because it is Set of law or human rights
applicable all the time – standards applicable only
peace time or war time. during war time.

A.Y. 2019-2020

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M A R I A notes

HUMAN RIGHTS DEFINITIONS: STATUTORY RIGHTS VS. NATURAL RIGHTS

University of Minnesota Human Rights Resource

COMMONALITY AMONG THE DEFINITIONS: GENERATION OF HUMAN RIGHTS

These are liberty-oriented rights that the law

University of the Visayas – GULLAS Law M A R I A notes

4. Optional Protocol to the Covenant on Civil

These are security-oriented rights of the 2. Obligation to PROTECT

INTERNATIONAL BILL OF HUMAN RIGHTS WHAT SITUATION DOES THE STATE

University of the Visayas – GULLAS Law M A R I A notes

FIVE PILLARS OF JUSTICE TREATY VS PROTOCOL

Determine whether or not there has been grave

University of the Visayas – GULLAS Law M A R I A notes

INTERNATIONAL HUMAN RIGHTS LAW (IHRL)

INTERNATIONAL HUMANITARIAN LAW (IHL)

University of the Visayas – GULLAS Law M A R I A notes

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