HUMAN RIGHTS LAW

Course Facilitator
James Gregory Alcaraz Villasis

Course Description
This course focuses on the aspects of protecting, defending, and seeking redress
for violations of human rights in the Philippines. This also includes recent trends
and relevant issues on International and Domestic Human Rights Law.

Course Objectives
At the completion of the course the student will be able to:
a. Identify key rights in core human rights treaties;
b. Explain the position of human rights in international law;
c. Determine key human rights norms and standards in the Philippines;
d. Outline how human rights standards have been developed and refined;
e. Identify main principles, key elements, and features specific to the
domestic and international human rights law systems; and
f. Discuss the process of enforcement of human rights norms and
standards under the domestic and international law systems.

Targeted Student Skills

a. Knowledge of human rights standards – what are the standards and
why are they human rights.
b. Capacity to analyze Human rights law issues – entails a critical analysis
of HR standards both in theory and practice.
c. Ability to outline both substantial and procedural aspects of human
rights law – requires the knowledge of law (both on the whats and
hows).

Course Format
Given with the present situation, the course will be facilitated on Zoom. A blended
socratic and seminar-type facilitation will be used. Students are also to be asked to
elaborate or explain key concepts. To encourage a lively class discussion, students
are likewise expected to freely share their ideas on the subject matter. They are
expected to have read them prior to coming to the class. Please observe proper
online class etiquette while the session is being conducted.
Announcements concerning the class will be coursed through either google
classroom or messenger group.

Course Assessments
Students will be graded based on the following assessments
a. Meaningful class participation ---- 30%
b. Midterm Exam ---------------------- 30%
c. Final Exam -------------------------- 30%
d. Attendance -------------------------- 10%

Reading Materials
Students may access the required reading materials in the class’ google drive. The
link will be provided to the students privately.

Book Reference:
Villasis, J.G.A., 2020., Philippine Human Rights Law and Jurisprudence. Manila:
Rex Book Store.

Attendance Policy
Students are allowed of a maximum number of absences per the University
Student Handbook. Beyond that, they will get a failing grade.

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Examination Policy
The passing grade is 75%. Exams are scheduled in advance. No special
examination, under all circumstances, will be administered. Should the student fail
to sit in the scheduled examination, s/he will automatically get a failing grade.

Summary of Course Outline

Meeting Number Session Topic

0 A Fundamental Principles and

Concepts in Human Rights
B Human Rights and the Role
of State
1 A Constitutional and Statutory
Guarantees of Human Rights
B
2 A International Human Rights
Law System: The
B International Bill of Human
Rights
3 A Domestic Enforcement of
Human Rights: The Role of
Courts and the CHR.
B International Enforcement of
Human Rights: Charter-
Based and Treaty-Based
Monitoring Mechanism of
Human Rights

Detailed Course Outline

Meeting: 0
Session A – Fundamental Principles and Concepts in Human Rights
In this session, the nature, justification, origin, evolution, and traits of human
rights as a normative concept will be covered. This will be a foundational topic.

Required Readings:

Chapter I, Villasis, J.G.A., 2020., Philippine Human Rights Law and

Jurisprudence. Manila: Rex Book Store.

On the concept of a human: Imbong v. Ochoa, G.R. No. 204819, April 8,

2014.

Supplemental Readings (Optional):

Hunt, L., 2007. Inventing human rights: a history. New York: W.W.
Norton.
Introduction (“We hold these truths to be self-evident”) and
Chapter 1 (“Torrent of emotion”: reading novels and imagining
equality).

Burke, R., 2010. Decolonization and the evolution of international human

rights. Pennsylvania studies in human rights. Philadelphia: University of
Pennsylvania Press.
Introduction (The politics of decolonization and the evolution of
the international human rights project) and Chapter 1 (Human
rights and the birth of the Third World: The Bandung Conference).

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 SEAHRN. 2014. “Chapter 1: The Fundamentals of Human Rights.” An
Introduction to Human Rights in Southeast Asia. Bangkok: IHRP and
SEAHRN.

Session B – Human Rights and the Role of State

Human rights law is created by treaties and conventions forming part of
the international law system. Generally, only States can be bound by these
treaties and conventions, hence called the duty-bearers. In this session,
the role of the State under the human rights law system will be examined.

Required Readings:

Chapter IV, Villasis, J.G.A., 2020., Philippine Human Rights Law and
Jurisprudence. Manila: Rex Book Store.

SEAHRN. 2014. “Chapter 1: The Fundamentals of Human Rights.” An

Introduction to Human Rights in Southeast Asia. Bangkok: IHRP and
SEAHRN.

Vinuya v. Romulo, G.R. No. 162230, August 13, 2014

Meeting: 1
Sessions A and B – Constitutional and Statutory Guarantees of
Human Rights
In both sessions, the substantial aspect of human rights will be tackled.
Students need to understand the delineation between human rights and
constitutional rights. Nevertheless, it is significant to identify which
substantive rights are guaranteed under the present constitution as well as
by the statutes.

Required Readings:

Chapter II, Villasis, J.G.A., 2020., Philippine Human Rights Law and
Jurisprudence. Manila: Rex Book Store.

On the Bill of Rights:

a. The right to life
Simon v. Commission on Human Rights, G.R. No. 100150, January
5, 1994
Leo Echegaray v. Secretary of Justice, et al., G.R. No. 132601,
January 19, 1999
Imbong v. Ochoa, G.R. No. 204819, April 8, 2014

b. The right to liberty

People v. Cortez, 381 Phil. 345 (2000).
People v. Fajardo, 315 SCRA 283, 294 (1999).

c. Freedom of expression
Gonzales v. Commission on Elections, 137 Phil. 471, 492 (1969).
The Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 21,
2015.
Social Weather Stations v. COMELEC, G.R. No. 147571, May 5,
2001.

d. Freedom of assembly
Bayan v. Ermita, G.R. No. 169838, April 23, 2006.

e. Right to privacy
Morfe v. Mutuc, G.R. No. L-20387, January 31, 1968.

f. Freedom of religion
Valmores v. Achacoso, G.R. No. 217453, July 19, 2017.

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 g. Freedom of movement
Manotoc, Jr. v. Court of Appeals, et al., No. 62100, May 30, 1986.

h. Right to information
Chavez v. PEA and AMARI, G.R. No. 133250, July 9, 2002.

i. Freedom to associate
Victoriano v. Elizalde, G.R. No. L-25246, September 12, 1974.

j. Right to health
Tondo Medical Center Employees Association v. Court of Appeals,
G.R. No. 167324, July 17, 2007.

k. Right to environment
Heirs of Reyes v. Republic, G.R. No. 150862, August 3, 2006.
Oposa v. Factoran, G.R. No. 101083, July 30, 1993.

l. Right to education
Miriam College Foundation v. Court of Appeals, G.R. No. 127930,
November 15, 2000.
Camacho v. Coresis, G.R. No. 134372, August 22, 2002.

m. Women’s right to equality

Philippine Telegraph and Telephone Co. v. National Labor
Relations Commission, G.R. No. 118978, May 23, 1997.
(also read): the 1987 Philippine Constitution, Article III (Bill of
Rights)

Meeting: 2
Sessions A and B – The International Human Rights Law
System: The International Bill of Human Rights
In these sessions the three most important international documents on
human rights will be discussed. These documents are the: UDHR, ICCPR,
and ICESCR

Required Readings:

Chapter III, Villasis, J.G.A., 2020., Philippine Human Rights Law and
Jurisprudence. Manila: Rex Book Store.

SEAHRN. 2014. “Chapter 3: International Human Rights Treaties.” An

Introduction to Human Rights in Southeast Asia. Bangkok: IHRP and
SEAHRN.

Universal Declaration of Human Rights

International Covenant on Civil and Political Rights
International Covenant on Economic, Social, and Cultural Rights

Meeting: 3
Session A – Domestic Enforcement of Human Rights: The Role
of Courts and the CHR.
Human rights, in its general understanding, is considered as the obligation
of states towards every person. The state is duty-bound to observe its
responsibility to protect these rights. in order to comply with this duty, the
State is required to establish domestic remedial measures for its
enforcement and protection.

Required Reading:
Chapter V, Villasis, J.G.A., 2020., Philippine Human Rights Law and
Jurisprudence. Manila: Rex Book Store.

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Session B – International Enforcement of Human Rights:
Charter-Based and Treaty-Based Monitoring Mechanism of
Human Rights

Required Reading:
Chapters VI – VII, Villasis, J.G.A., 2020., Philippine Human Rights Law
and Jurisprudence. Manila: Rex Book Store.