Course Module in

Human Rights Education

By:

Manolo M. Siervo, Jr. REB, JD

Course Overview

The course deals with the study of human rights; the laws that are readily available
that provides protection to the rights of every person at the national and
international levels. The same also explain the characteristics and principles of
human rights as well as how government promotes social justice to its constituents.
It also includes the salient features of our Philippine Constitution that specifically
protects the right of every human being residing therein. Furthermore this course
also explains the violations against human rights that maybe committed by a public
officer or employee, how the said violations can be prevented and the
corresponding remedies when violations are committed as provided for by law.

Module Guide

This module consist of three major topics as stipulated in the course syllabus which
are the following: 1. Introduction and Nature of Human Rights 2. Sources and
Foundations of Human Rights Law and 3. Remedies and Procedures for Responding
to Human Rights Violations and Human Rights Abuses. Every topic consists of
lecture notes and some activities that would serve as the learning outputs of the
students. This paper consists of different activities with summative assessment of
the outputs. There are reflections that need to be filled up or answered as part fo
the quizzes output. Before this course module ends there is a post test that need to
be answered as part of the Mid-term grade computation.

Diagnostic assessment

1. What do you think are your rights as a human being that must be respected?
2. As a criminology student and would be law enforcement officer what should you
do in order not to violate the human rights?
3. What are your expectations on this subject?

Learning Plan for the 3 modules of Human Rights Education

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

Learning Topics/Content Activities/Tasks Assessment Resources
Outcomes
1. Understand I. Introduction and Reflection/ Quiz via The 1987
the nature of Nature of Human Rights Comprehensive messenger Constitution
human rights 1. The definition of question and with time limit of the
Human Rights and its answer sheet. Republic of
2. Comprehend Kinds Oral the Phil by
the principles 2. Characteristics and questioning Bernas S.J.
and Principles of Human PowerPoint through
characteristics Rights presentation internet Politics
of human rights, 3. Components and through internet platform Governance
its kinds and Stages platform and the
components as Philippine
well as the Constitution
obligations of by Dionisio
the state parties Rivas and
Michael
Nael

Human
Rights Law
and Human
Rights
Culture by
Rene V.
Sarmiento
1. Learn and II. Sources and Reflection/ Quiz via The 1987
understand the Foundations of Human Comprehensive messenger Constitution
provisions of the Rights Law question and with time limit of the
Bill of Rights 1. The 1987 Philippine answer sheet. Republic of
under the 1987 Constitution Oral the Phil by
Philippines 2. International Bill of questioning Bernas S.J.
Constitution Rights through
3. Philosophy PowerPoint internet Politics
2. Correlate the 4. Religion presentation platform Governance
Bill of Rights through internet and the
under the 1987 platform Philippine
Constitution to Constitution
the by Dionisio
International Rivas and
Human Rights Michael
Laws and other Nael
sources
Human
Rights Law
and Human
Rights
Culture by
Rene V.
Sarmiento

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

1. Understand III. Remedies and Reflection/ Quiz via The 1987
the violations Procedures for Comprehensive messenger Constitution
Responding to Human question and with time limit of the
Rights Violations and answer sheet. Republic of
Human Rights Abuses the Phil by
against Human 1, Human Rights Bernas S.J.
Rights violations PowerPoint Oral
2. Domestic Remedies presentation questioning Politics
2. Undertand 3. International Remedies through internet through Governance
the different platform internet and the
remedies platform Philippine
available as Constitution
by Dionisio
provided for
Rivas and
by law Michael
Nael

Human
Rights Law
and Human
Rights
Culture by
Rene V.
Sarmiento

Module 1 : Introduction and Nature of Human Rights

________________________________________________________________________________________________
Objectives
The student may able to:
a. Understand what is human rights;
b. Learn the different kinds, the characteristics and different principles
of human rights;
c. Appreciate the importance of studying human rights;

Synopsis of the Topics/Self-based Notes from the Book of Rene V. Sarmiento

_________________________________________________________________________________________________

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

Lesson 1 –Introduction and the Nature of Human Rights
_________________________________________________________________________________________________
HUMAN RIGHTS

 The aggregate of priveleges, claims, benefits, entitlements, and moral guarantees

that pertain to man because of his humanity.

 “Legal and moral entitlements that have evolved as a basis for constructing how
state power is used and particularly to limit its use against the rights of citizens” –
Wahiu, 2011 p.3

HUMAN RIGHTS LAW

 A branch of public law that deals with the body of laws, rules, procedures,
and institutions designed to respect, promote, and protect human rights at
the national, regional and international levels

 It also deals with decision of the Supreme Court and the International
Criminal Court and writings of advocates of human rights

PRINCIPLES OF HUMAN RIGHTS

 UNIVERSALITY – means that rights belong to and are to be enjoyed by all

human beings without distinction of any kind, such as race, color, sex or
language, religion, political and other opinion, national or social origin,
property, birth or other stature.

 INDIVISIBLE – whether they relate to civil, cultural, economic, political or

social issues, human rights are inherent to the dignity of every human being.

 EQUALITY – ensuring that every individual has an equal opportunity to make

the most of their lives and talents.

CHARACTERISTICS OF HUMAN RIGHTS

 Inherent – means that rights are the birthright of all human beings, existing
independently of the will of either an individual human being or group. They
are not obtained and granted through any human action or intervention.

 Inalienable – means that no person can deprive any person these rights and
no person can repudiate these rights by himself.
COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.
  Universal – means that these rights belong to every human being, no matter
what he or she is like.

KINDS OR GENERATIONS OF HUMAN RIGHTS

 Civil – political – includes two subtypes

Norms pertaining to physical and civil security (for example, no
torture, slavery, inhumane treatment, arbitrary arrest)
Norms pertaining to civil and political liberties or empowerments (for
example, freedom of thought and religion, political participation in
one’s society, freedom of assembly and voluntary association)

 Socio – economic – includes two subtypes

Norms pertaining to the provisions of goods meeting social needs (for
example, nutirition, health care, education, shelter)
Norms pertaining to the provision of goods meeting economic needs
(for example, an adequate living standard, work and fair wages and a
social security net)

 Collective – developmental – includes two subtypes

The self-determination of peoples (for example to their political status
and their economic, social, and cutural development)
Certain special rights of ethnic and religios minorities (for example, to
the enjoyment of their own cultures, languages and religion)

REFLECTION

With the space provided below write your answer on this question: What do you
think is/are the basic human rights? Explain briefly

Answer :

Activity 1

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

Hereunder are sets of problems. Please read carefully and comprehend. Answer the
same with legal basis.

I. It is Election Day. In the Province of Southern L.A., the Governor paid some of the
residents who are identified to vote against him. And in return the said residents shall
not go to the voting precincts to vote. Is the Governor committed violation against the
rights of the residents? Explain with legal basis

Answer:

II. Erik is a macho and gwapo policeman. One day he and his buddy are doing routine
patrol downtown when they saw a badjao man asking for money from the people in
the streets. Erik furious grabbed the badjao, and when the badjao resisted, Erik
toppled him facing the road, and he knelt on his neck. The badjao asked for his
apology and beg for him to stop, however Erik continued what he was doing while
saying that you have no right because you are a badjao. Is Eric correct that badjao
have no right? Explain with legal basis

Answer:

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

Activity 2

Can you think of at least two (2) situations wherein a law enforcement officer may be
implicated in committing human rights violations?

Answer:

Lesson 2 – Sources and Foundations of Human Rights Law

The 1987 Philippine Constitution

SECTION 1. No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the laws.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized.

SECTION 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression,

or of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of religious

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political rights.

SECTION 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

SECTION 7. The right of the people to information on matters of public concern shall
be recognized. Access to official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

SECTION 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary
to law shall not be abridged.

SECTION 9. Private property shall not be taken for public use without just
compensation.

SECTION 10. No law impairing the obligation of contracts shall be passed.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

SECTION 12. (1) 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. If the person
cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof

shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section
as well as compensation to and rehabilitation of victims of torture or similar
practices, and their families.

SECTION 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be provided by

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

law. The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.

SECTION 14. (1) No person shall be held to answer for a criminal offense without
due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to
be informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified
and his failure to appear is unjustifiable.

SECTION 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.

SECTION 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.

SECTION 17. No person shall be compelled to be a witness against himself.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs
and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against

any prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

International Bill of Rights

The Commission on Human Rights of the United Nations was tasked to prepare the
Universal Declaration of Human Rights.

The Preamble to the Declaration is important because it refers to the concepts of

inherent human dignity and the inalienable nature of human rights as the
philosophical sources of the Declaration and inspiration for further development of
human rights. The Preamble calls for inter-cultural consensus by indicating that “a
common understanding of the rights and freedoms is of greatest importance for the
full realization” of the pledge of Member of the United Nations to achieve the
promotion of universal respect for and observance of human rights and
fundamental freedom.

Today, the Declaration is considered as the first internationally adopted catalogue of

human rights and is one of the best legal instruments on human rights ever adopted
(p. 73). It sets the Guinness World Record for most translated document in the
world.

Philosophy

The writings, exposition and discourses of John Locke, Jean Jacques Rousseau, Baron
de Montesquieu, Immanuel Kant, Thomas Hobbes, John Stuart Mill and others
influenced the development and enrichment of human rights. These western
thinkers inspired the formulation of the Universal Declaration of Human Rights, the
English Bill of Rights (1689), the American Declaration of Independence (1776), the
French Declaration of the Rights Man and of the Citizens (1798) and other human
rights instruments.

John Locke (1632-1704) English Philosopher

He wrote that legitimate government is instituted by the covenant of the governed

and that this legitimate government is duty-bound to preserve the right of life,
liberty, health and property of its citizen; and, to prosecute and punish those who
violate the rights of others and to pursue the public good.

Religion

Embedded in the sacred scriptures and books of the world’s religion are lessons and
teachings on human dignity, sanctity of life, worth of conscience, social justice,
respect for the integrity of creation, rights of prisoners, rights of persons with

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

disabilities, rights of minorities, rights of children, etc. In Christianity, one finds
them in the Old Testament and New Testament.

Matthew 26:35

Reminds us that one who is blessed by God and one who will inherit the Kingdom is
he or she who gives food to the hungry, drink to the thirsty, clothing to the naked,
care to the ill and visitation to those in prison.

REFLECTION

Based on what you have read as above-written; what will be your greatest influence
as far as respect of human rights is concern?

Answer:

Activity 3

I. More than two days before the arrest. Tacloban City Police Officers received a tip
from an informant that Mr. Enchong Bee was on board MV Tacloban Princess on a
particular date and time and was carrying SHABU. Acting on the information, the
Police Officers waited in the pier for Mr. Enchong Bee to disembark the vessel. As he
descended the gangplank of the ship the Police Officers arrested him. A subsequent
inspection of his bag disclosed the presence of 10 kilos of Shabu. Is the arrest valid?
What rights of Mr. Enchong Bee had been violated if there is any?

Answer:

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

II. Julia Barista a probinsyana went to Manila to work as saleslady through a
recommendation from a neighbor. However instead of working as a saleslady, she
ended working as a house helper. Worst is, that her employer is not treating her well.
So Julia Barista decided to quit and asked permission from her employer that she will
go back to the province to help her parents in their small farm. However her employer
refuse her plea. But instead give more chores to Julia against her will, by saying that
you work here and we will pay you additional salary. Are there any violations against
Julia Barista’s rights? Explain with legal basis

Answer:

Activity 4

Answer the following questions briefly with legal basis:

1. Can police officers immediately enter the house of a suspected shabu peddler and
make a search without a valid search warrant?

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

 2. Mario was caught stealing a gold earing. During his interrogation by the
police, he was being asked incriminating question. Can Mario refuse to answer?
What should be his basis to refuse answering the questions during
interrogation?

3. Aside from our 1987 Philippine Constitution – Bill of Rights, what are the other
sources of Human Rights Law?

4. The Police Chief gave a direct order to Sgt. Piolo to tap the phone of one Mr. Lee
as suspected big time shabu dealer and recently a suspect of a murder to
gather evidence for his eventual. Is the order correct?

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

Lesson 3 – Remedies and Procedures for Responding to Human Rights
Violations and Human Rights Abuses

Human Rights Violations

These are acts committed by or at the instigation of or with the consent of a public
official or other person acting in an official capacity contrary to human rights law,
causing bodily or mental pain or suffering or death. They occur when State actors
abuse or deny basic human rights.

Traditionally, when non-State actors (rebels, insurgents, non-governmental entities)

commit these transgressions or violations of human rights, their actions are called
crimes. Today, they are also considered human rights violations. In the
Comprehensive Agreement on Respect for Human Rights and Respect for
International Humanitarian Law, signed by the Government Peace Panel and the
CPP/NPA/NDF Peace Panel on March 16, 1998 violations committed by rebels are
called human rights abuses.

Domestic Remedies

Domestic remedies may take the form of civil remedies, criminal remedies and
administrative remedies.

A human rights victim can file a civil action for damages in the appropriate trial
courts under Article 32 of the Civil Code of the Philippines. This may prove only by a
preponderance of evidence. Moral damages, exemplary damages, costs of suit and
attorney’s fees maybe awarded by the court as indemnity.

The civil liability under Article 32 of the Civil Code of the Philippines is separate and
independent from the civil liability that springs from criminal liability under Article
100 of the Revised Penal Code.

The human rights victim may opt to file a complaint with the Commission on Human
Rights whose task is solely fact-finding investigation. After investigation,
prosecution will be handled by the Department of Justice until case is resolved by
the court. The complaint can be filed for specific crimes relating to categories of
human rights violations like crimes violating the right of the people to be secure in
their persons, houses, papers, and effects against unreasonable searches and
seizures etc.

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

International Remedies

The international remedies for human rights violations and human rights abuses are
based on treaties and non-treaty procedure.

Based on treaties, the mechanism for the enforcement of human rights are the
reporting requirement to ensure State compliance with treaty obligations, the
investigation of communications to determine breaches of treaty obligations and the
investigation, prosecution, and trial of human rights violators under the Rome
Statue of the International Criminal Court.

The International Criminal Court

The Rome Statute establishing the International Criminal Court (ICC) is considered
one of the most ambitious international legal initiatives in the history of modern law
and the ICC as the important new institution for human rights in the new century.
Unlike the International Court of Justice, which deals with States, the ICC deals with
and has the power to investigate, prosecute, and convict individuals.

Unlike domestic or national courts, the ICC exercises international jurisdiction over
criminals. This addresses the problem of preventing human rights violators and
criminals who may have escaped from the national jurisdiction where they
committed serious crimes, namely, genocide, crimes against humanity, war crimes
and aggression.

REFLECTION

In the space provided below, write your answer to this question: Are International
Treaties beneficial to our country? Can you site at least one example of a treaty that is
related to human rights law?

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

Activity 5

I. A group of armed men went to the garage of the CERES BUS LINES. Asked for
revolutionary tax. But when the personnel were not able to give the amount they
asked, they set on fire several buses in the garage. What are the violations committed
by the perpetrator if there is any? Explain with legal basis

II. President Al Habib Virus of Iran ordered the killing of a group of Christians in one
of the community in Isfahan. According to him these 40 Christians have no place in an
Arab Nation. Who has jurisdiction over the offense committed by President Al Habib
Virus?

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.

Answer the following questions briefly with legal basis:

Activity 6

1. A victim of a human rights abuse here in the Philippines can file his complaint
where?

2. What do you mean when the court say mere preponderance of evidence?

3. What are the two (2) court actions that a victim of a human rights abuse may file
here in the Philippines?

4 What treaty created the International Criminal Court?

Stay safe and Healthy! May God bless you and your family!

Reference:

The 1987 Constitution of the Republic of the Philippines: A Commentary by Joaquin G. Bernas, S.J.

Politics, Governance and the Philippine Constitution by Dionesio C. Rivas and Michael M. Nael

Human Rights Law, Human Rights Culture by Rene V. Sarmiento

COURSE MODULE IN HUMAN RIGHTS EDUCATION by MANOLO M. SIERVO, JR.