Define Human Rights - 1. UN 2. Phil. CHR 3. Sarmiento

Define human rights—
1. UN
2. Phil. CHR
3. Sarmiento
3 generations of rights
3 principles of human rights
3 characteristics of human rights
Basic characteristics of human rights

4 components of human rights
3 stages of human rights
3 obligations of state parties to

international covenants
5 classification of rights
natural rights
constitutional rights
statutory rights
individual rights
collective rights
civil rights
political rights
economic and social rights
cultural rights
first generation rights
second generation rights
third generation rights
non-derogable/absolute rights
derogable/relative rights
13 categories of human rights
Aboriginal
Armed conflicts, persons in
Democratic
Determination, self-
Life, liberty & security

Legal
Mobility
Minority group
Workers'
Equality
Reproductive
Fundamental freedom in political rights
Social, economic and cultural

Holding in Laguna Lake case
Theories of sources of rights

Justice
Utilitarian
Sociological
Theological/religious
Marxism
Historical
Positivist
Equality/human dignity
Natural law
Narrow concept of human rights in
Philippine setting
International bill of human rights

UN: subcommissions of experts vs. special
rapporteurs
Rights under the Universal Declaration
Hindrances in implementing the

International Bill of Human Rights
1. Rights which are inherent in our nature without which we cannot live
as human beings.
2. Supreme, inherent and inalienable to rights to life, dignity and self-

development; their essence are what makes man a human.
3. Aggregate of privileges, claims, benefits, entitlements, and moral

guarantees that pertain to man because of his humanity.
1st generation—civil & political rights (liberty rights)
2d—social, economic, & cultural rights (equality rights)
3d—collective rights (solidarity rights)
universality—belonging to all human beings
indivisibility—that the 1st gen liberty rights and the 2d gen equality
rights are interrelated and coequal
interdependence—same
inherent—birthright; not granted/obtained through human action
inalienable—cannot be deprived/repudiated; outside commerce
universal—belonging to all human beings
FAP THUD
Fundamental—without them life is meaningless
inAlienable—cannot be taken away
inPrescriptible—cannot be lost by mere passage of time
inTerdependent—fulfillment of one cannot be had without the other
inHerent—not granted by authority
Universal—to all human beings
inDivisible—not capable of being divided

subject/right-holder—can take legal action to protect the right
duty-holder—the State who must respect the right
object—content/human values and needs
implementation—laws designed to realize the right
idealization—started in the realm of ideas reflecting the consciousness

against oppression
positivization—strong support manifesting in legislation
realization—enjoyment of the right
1. to respect—negative; the State must refrain from restricting the rights
2. to ensure—positive; the State must be proactive in enabling (through

legislation) the enjoyment of the rights
3. to protect—carried with the obligation to ensure; horizontal effort—

application of human rights b/w private individuals/groups
According to DRARS
1. Derogability—absolute/non-derogable, limitable/derogable
2. Recognition, struggle for—1st, 2nd, and 3rd generations
3. Aspect of life—civil, political, social, economic, political
4. Recipient—individual, collective
5. Source—natural, constitutional, statutory (cons. & stat. are also

termed as "legal" rights)
god-given, acknowledged by everybody as morally good, unwritten
prevailing norms of society
conferred and protected by the constitution, cannot be modified by the
law-making body
provided by law, promulgated and can be taken away by the law-making
body
accorded to individuals
people's/solidarity rights, rights of society, can be enjoyed only in
company of others
the law will enforce at the instance of private individuals for the purpose
of securing to them the enjoyment of their means of happiness
enable us to participate in running the affairs of the government either
directly or indirectly
the law confers upon people to enable them to achieve social and
economic development ensuring their well-being, happiness and
financial security
ensure the well-being of the individual and foster the preservation,

enrichment, and dynamic evolution of national culture based on the
principle "unity in diversity" in a climate of free artistic and intellectual
expression
civil and political rights, developed from 17th and 18th century reformist
theories, expressed more in the negative term "freedoms from" than
positive "rights to"
originated from socialist traditions, expressed more in the positive form
"rights to"
product, albeit in progress, of the rise and fall of nation-states of the last
half of the 20th century, reconceptualization of the first two generations
of rights
cannot be suspended/restricted even in extreme emergency or national
security
can be suspended/restricted to preserve social life on 3 necessary

conditions—
1. there is a law declaring the suspension/restriction of the right;
2. it is justified by a declared state of emergency;
3. the suspension/restriction does not exceed that which is necessary to

achieve the purpose
AA DD LL MM WERFS
Aboriginal
Armed conflicts, persons in
Democratic
Determination, self-
Life, liberty & security

Legal
Mobility
Minority group
Workers'
Equality
Reproductive
Fundamental freedom in political rights
Social, economic and cultural
of indigenous cultural communities
international humanitarian law for the protection of children, women and
non-combatants during internal armed conflicts
exercised in democratic states—to vote, participate in the electoral
process, and public affairs
to be free from colonial rule and decide their own destiny
core fundamental rights relating to the right to physical and personal
integrity consistent with human dignity
constitutes due process
right to travel and return to one's country, freedom of movement in one's
country
protection of ethnic, linguistic and religious minorities
to association, organize unions, collective bargaining, against forced
labor, child labor, guarantee of minimum wage
against discrimination—sex, race, religion, etc.
to found a family, bear children, gender sensitivity, family planning
freedom of though, conscience, expression
viewed more of standards to be observed by the state—social security,
education, etc.
Authority of the Laguna Lake Development Authority prohibiting the
Caloocan local government from dumping garbage into Laguna de Bay
was upheld by the Supreme Court on the ground of the fundamental
right to health of the people.
JUST MH PEN
Justice
Utilitarian
Sociological/functional
Theological/religious
Marxism
Historical
Positivist
Equality/human dignity
Natural law
that respect of human rights serve the ends of justice
from Jeremy Bentham—rights tend to promote specified interests such
as the common good; "pleasure and pain" choices
rights exist as means of social control; to serve social interest, originated

from William James—the essence of the law is to serve the needs of the
people
that man's dignity is based on him being created in the image of god
parental, emphasis on interest of society than of the individual
rights developed through the common consciousness of men,
evolutionary and not merely willed by authority, e.g. customs
all rights come from the state and what officials have promulgated
recognition of basic freedoms;
human dignity—also termed policy science approach

originated from the Stoics—conformity to nature
That the CHR's jurisidiction is limited only to civil and political rights.
It comprises of the UN Charter and the Universal Declaration of Human
Rights. They are legally binding on the state parties.
experts—elected
rapporteurs—appointed
FL PNP TEED
Freedom & equality

Liberty, security & recognition of persons
Privacy
Nationality & family
Property
Thought, conscience, & religion
Social, economic, political
Education & culture
Development of personality
1. existence of authoritarian regimes
2. UN Charter provision on non-intervention in "matters essentially

within the domestic jurisdiction of any state"
3. provisions which are not self-executing, which still needs local

legislation to take effect

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Define Human Rights - 1. UN 2. Phil. CHR 3. Sarmiento

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Define human rights—

3 principles of human rights

3 characteristics of human rights

Basic characteristics of human rights

3 stages of human rights

3 obligations of state parties to

economic and social rights

first generation rights

second generation rights

third generation rights

Armed conflicts, persons in

Life, liberty & security

Social, economic and cultural

Theories of sources of rights

International bill of human rights

Hindrances in implementing the

2. Supreme, inherent and inalienable to rights to life, dignity and self-

3. Aggregate of privileges, claims, benefits, entitlements, and moral

1st generation—civil & political rights (liberty rights)

2d—social, economic, & cultural rights (equality rights)

3d—collective rights (solidarity rights)

universality—belonging to all human beings

inherent—birthright; not granted/obtained through human action

inalienable—cannot be deprived/repudiated; outside commerce

universal—belonging to all human beings

Fundamental—without them life is meaningless

inAlienable—cannot be taken away

inPrescriptible—cannot be lost by mere passage of time

inTerdependent—fulfillment of one cannot be had without the other

inHerent—not granted by authority

Universal—to all human beings

inDivisible—not capable of being divided

duty-holder—the State who must respect the right

object—content/human values and needs

implementation—laws designed to realize the right

idealization—started in the realm of ideas reflecting the consciousness

positivization—strong support manifesting in legislation

realization—enjoyment of the right

1. to respect—negative; the State must refrain from restricting the rights

2. to ensure—positive; the State must be proactive in enabling (through

3. to protect—carried with the obligation to ensure; horizontal effort—

2. Recognition, struggle for—1st, 2nd, and 3rd generations

3. Aspect of life—civil, political, social, economic, political

5. Source—natural, constitutional, statutory (cons. & stat. are also

ensure the well-being of the individual and foster the preservation,

can be suspended/restricted to preserve social life on 3 necessary

1. there is a law declaring the suspension/restriction of the right;

2. it is justified by a declared state of emergency;

3. the suspension/restriction does not exceed that which is necessary to

Life, liberty & security

rights exist as means of social control; to serve social interest, originated

recognition of basic freedoms;

human dignity—also termed policy science approach

Freedom & equality

1. existence of authoritarian regimes

2. UN Charter provision on non-intervention in "matters essentially

3. provisions which are not self-executing, which still needs local

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