College of Criminal Justice Education

Course Syllabus in Human Rights Education

A.Y. 2022-2023 Fourth Term, First Wave

MODULE 1
HUMAN RIGHT EDUCATION

Q: Who are entitled to enjoy human rights?

A: All person

Q: How did the violation of human rights originate?

A: History has shown that as man started to live in a society, his inherent rights began
to be violated by his own fellowmen. The State who are supposed to protect his rights
are even his persecutors.

Q: Who are the first violators of human rights?

A: The first violators of human rights were the Greeks and Romans who were supposed
to have started the development of Western Civilization – they legalized the institution
of slavery, when men and women were held as chattels and could be disposed in any
manner.

Origin of Human Rights

The origins of Human Rights are ideally pinpointed to the year 539 BC. When the
troops of Cyrus the Great conquered Babylon.
Cyrus freed the slaves, declared that all people had the right to choose their own
religion, and established racial equality.
These and other principles were recorded on a baked-clay cylinder known as the
Cyrus Cylinder, whose provisions served as inspiration for the first four Articles of the
Universal Declaration of Human Rights.

Q: How human rights became an international concern?

A: The struggle for respect of human rights was initially a domestic or national issue,
but the atrocities committed on mass of people during World War II convinced
international jurists that the protection of human rights should be an international
concern.

Introduction to Human Rights

Dec. 10, 1948 – United Nations General Assembly (UNGA) adopted and proclaimed the
Universal Declaration of Human Rights (UDHR).
January 1, 2005 – the UNGA proclaimed the commencement of the World Programme
for Human Rights Education, following the UN Decade for Human Rights
Education in 1995-2004.
- The Commission on Human Rights (CHR) of the Philippines issued
Resolution Nos. A2007-028 and A2007-029 urging CHED and law schools in the
Philippines to offer Human Rights in the Philippine Law Curriculum.

PH Contribution to UDHR
The PH was a member of the first United Nations Commission on Human Rights,
which is only composed of only 16 countries. They were responsible for drafting the
UDHR, the first document to embody the aspirations of states for a world community
based on the recognition and respect of human rights.
 December 10, 1948 – PH was one of the original 48 countries that adopted
UDHR.
 December 19, 1966 – PH signed International Convention on Economic, Social
and Cultural Rights (ICESCR) and the International Convention on Civil and
Political Rights (ICCPR).
 June 7, 1974 – the PH ratified ICESCR
 October 23, 1986 – the PH ratified ICCPR.
The PH was also among the first signers of the International Convention Against
Racial Discrimination.
 College of Criminal Justice Education
Course Syllabus in Human Rights Education
A.Y. 2022-2023 Fourth Term, First Wave

To date the country has ratified ALL core human rights treaties, EXCEPT
International Convention for the Protection of All Persons from Enforced
Disappearance.

On Women’s Rights
The “mother” of Convention on the Elimination of Discrimination Against
Women (CEDAW) is a Filipina. CEDAW is an idea of Letecia Ramos-Shahani, a former
diplomat and senator.
CEDAW provides the basis for realizing equality between women and men
through ensuring women's equal access to, and equal opportunities in, political and
public life -- including the right to vote and to stand for election -- as well as education,
health and employment. States parties agree to take all appropriate measures, including
legislation and temporary special measures, so that women can enjoy all their human
rights and fundamental freedoms.
The Convention is the only human rights treaty which affirms the reproductive
rights of women and targets culture and tradition as influential forces shaping gender
roles and family relations. It affirms women's rights to acquire, change or retain their
nationality and the nationality of their children. States parties also agree to take
appropriate measures against all forms of traffic in women and exploitation of women.

Membership in the International Criminal Court

 November 1, 2011 - PH became a member of the Rome Statute
 The following month, Meriam Defensor-Santiago, a sitting senator, former jurist
and International Law expert, was elected as judge of the court.
 March 17, 2018 – the PH deposited a written notification of withdrawal from the
Statute.
 March 16, 2019 – the withdrawal from the Statute took effect.

International Criminal Court (ICC) -is known as the “court of last resort”. It
investigates and prosecutes those individuals responsible for grave offenses.
The court has jurisdiction over four (4) categories of crimes under international law.
a. Genocide – or the intent to destroy in whole or in part a national, ethnic, racial and
religious groups
b. War crimes – grave breaches of the laws of war, which includes the prohibitions on
torture, the use of child soldiers, and attacks on civilian targets such as schools and
hospitals
c. Crimes against humanity or violations committed on large-scale attacks against civilian
populations, including murder, rape, imprisonment, slavery and torture
d. Crimes of aggression or the use or threat of armed force by a state against the territorial
integrity, sovereignty, or political independence of another state, or violations of the UN
charter

Human Rights Law in the PH

Q: What historical events in the Philippines prompted Filipinos to protect
and promote human rights?
A:
1. Colonial Spanish Regime – economic and class discrimination was rife.
2. Military Rule of Japan from 1942-1944
3. Martial Law of President Marcos

Construction of HR Instruments
Where two apparently inconsistent laws can stand independently, they have to be
interpreted in favor of the validity of both.

Human Rights, its attributes, and the three “Generations”

 College of Criminal Justice Education
Course Syllabus in Human Rights Education
A.Y. 2022-2023 Fourth Term, First Wave

HUMAN RIGHTS
– are rights which necessarily spring form being a member of the human species.
- these are NOT granted by the State, NOR stemmed from citizenship in a
country.

HUMAN RIGHTS LAW

– includes not only the relationship between men and government, or the civil
and political rights of the people, but extends as their economic, social and cultural
rights, to the right to development and a peaceful and clean environment where they
could develop all facets as human being.

Q: What are Rights?

A right is an entitlement that one receives when one becomes part of society.
Human can get differenttypes of rights throughout their lives depending on various
factors. A few factors are:
 Age
 Nationality
 Occupation
 Education

Q: What is Freedom?
Freedom is a state of being where a person can carry out different activities
without interference from other individuals or authority. This is an emotional entity. It
is also objective. This means that the term freedom can mean different things for
different people. People can have a different perception of freedom depending on
different factors. They are:
 Upbringing
 Education
 Location
 Occupation
 Race

Parameters of Rights Freedom

Comparison
Restrictions A person or governing A person or governing
body CANNOT violate body CAN take away
the rights of another person’s freedom to
person without facing carry out an activity
legal consequences
Advantages Society is legally obliged The advantage of
to uphold the rights of freedom is that one can
its people. This be an independent
decreases events of individual
injustice that occur
Duration Rights may come at Freedom can be taken
different times. The away or given to
rights a person receives someone at any time. It
also differ from other is no permanent like a
people right.
Method of Receiving A person receives legal A person receives certain
rights only after freedoms at birth itself.
becoming a citizen or
performing a certain
duty
 College of Criminal Justice Education
Course Syllabus in Human Rights Education
A.Y. 2022-2023 Fourth Term, First Wave

Classifications of Human Rights

1. According to Source
a. Natural – God-given
b. Const – protected by the Const.; cannot be modified or taken away by the lawmaking
body.
c. Statutory – provided by law and promulgated by the law making body

2. According to Recipient
a. Individual
b. Collective
3. According to Aspects of Life
a. Civil – enjoyment of their means of happiness
b. Political – participate in the running affairs of the government
c. Economic – decent standard of living
d. Social –rights to live together, enjoy together in an organized sectors.
e. Cultural – preservation, enrichment and dynamic evolution of national culture

4. According to Derogability
a. Non-derogable or Absolute rights – Rights that cannot be suspended nor
taken away nor restricted or limited even in extreme emergency and
even if government invoke national security.
b. Derogable or Relative rights – Maybe suspended or restricted or limited
depending on circumstances- for preservation of social life.

Attributes of Human Rights

The Preamble of the Universal Declaration of Human Rights (UDHR) mentions
the “inherent dignity and the equal and inalienable rights of all members of the human
family”.
1. Inherent – all human beings are born with these rights; these are not conferred by
any authority
2. Equal – every human being has the same set of rights as any other.
3. Inalienable – human rights cannot be taken from or given away by any human.
4. Universal - human rights apply to all human, regardless of race, culture, age, sex

Other Characteristics of Human Rights

1. Fundamental – without them, the life, dignity of man will be meaningless.
2. Imprescriptible – cannot be lost even if the man fails to use or assert them, even
by a long passage of time.
3. Indivisible – not capable of being divided. Cannot be denied even if other rights
have already been enjoyed.
4. Interdependent – the fulfillment or exercise of one cannot be had without the
realization of the other.

Definition of Human Rights under United Nations

“those rights which are inherent in nature and without which we cannot live as human
beings.”

Human Rights entails both right and obligations

1. Obligation to respect – State must refrain from interfering with or curtailing the
enjoyment of human rights.
2. Obligation to protect – requires the State to protect individuals and groups
against human rights abuses.
3. Obligation to fulfill – State must take positive action to facilitate the enjoyment of
basic human rights.
 College of Criminal Justice Education
Course Syllabus in Human Rights Education
A.Y. 2022-2023 Fourth Term, First Wave

Three Generations of Human Rights

“GENERATION”
-refers to the succession of periods when societies and governments began
recognizing a set of rights, though not necessarily in order of man’s priority.

1. First Generation – refers to civil and political rights

- these are negative rights in the sense that they prohibit the doing of
something. “No one shall”
2. Second Generation – human rights are positive rights that enjoin States to
perform an act to do something for the enjoyment of these rights by the people.
- refers to economic, social and cultural rights. “State shall”
3. Third Generation – human rights are newly emerging rights such as the right to
development, the right of people to live in a clean environment, right to live in
peace, etc.. It is also known as solidarity rights

State Responsibility
The State must recognize that the people have rights and freedoms that are
inherent in them and cannot be taken away.
In order to achieve an orderly society where there prevails a harmonious
relationship between the ruler and the ruled, the ruled must bow to the authority of the
ruler, and the ruler must respect the inherent rights and fundamental freedoms of its
citizens.
No guarantee exists on the part of PRIVATE entities and civilians.

Q: How can we attain a meaningful enjoyment of human rights while

maintaining the “delicate balance” of ensuring a peaceful and orderly
society under a regime of the rule of law?
A: By virtue of POLICE POWER of the State.

POLICE POWER
- the power of promoting public welfare by restraining and regulating the use and
enjoyment of liberty and property.

Violations by private individuals

Individual responsibility for human rights violations committed by private
persons are treated and punished under the criminal law system.
In order for individuals, who are not “State actors” to be held liable for human
rights violations, it is necessary that:
1. The State, through its lawmaking body, must enact the appropriate laws to
criminalize the human rights violations; AND
2. The State, through its judiciary, must provide adequate judicial remedies.

Q: Can the state be held liable for human rights violation committed by
“non-State actors”?
A: Yes. State liability may attach for human rights violations committed by “non-State
actors” IF the State failed to pass laws to protect its people from these violations and to
provide for adequate judicial remedy.

General Rules in Attributing State Responsibility

1. Direct responsibility of the State committed by State actors;
2. Responsibility for acts committed by non-State actors when the State failed to pass
laws, prevent and punish violations, and to provide for adequate legal remedies.

Doctrine of Command Responsibility

The failure of a superior officer to stop human rights violations committed by his
subordinates, though absent a showing that he directly ordered the commission of these
acts.
 College of Criminal Justice Education
Course Syllabus in Human Rights Education
A.Y. 2022-2023 Fourth Term, First Wave

Responsibility of Commanders and Other Superiors

A military commander or a person acting as such, having effective command and control
over his forces shall be held liable for crimes committed as a result of his failure to
exercise such control properly, where:
1. That the MC or person either knew or, owing to the circumstances at the time,
should have known that the forces were committing or about to commit a crime;
and
2. That the MC or person failed to take all necessary and reasonable measures
within his power to prevent or repress their commission or to submit the matter
to the competent authorities for investigation or prosecution.

A superior, who is NOT a military commander, shall be criminally liable for crimes
committed by his subordinates under his effective command and control as a result of
his failure to exercise such control properly, where:
1. The superior either knew or, owing to the circumstances at the time, should have
known that the forces were committing or about to commit a crime;
2. The crimes concerned activities that were within the effective responsibility and
control of the superior; and
3. The superior failed to take all necessary and reasonable measures within his
power to prevent or repress their commission or to submit the matter to the
competent authorities for investigation or prosecution.

Q: Can the Doctrine of Command Responsibility applies to civilians/ private

individuals?
A: Yes. In the case of Prosecutor v. Alfred Musena, it provides that command
responsibility as a mode of criminal liability is NOT limited to military commanders but
also applies to civilians, provided that the other requisites are present. (ICTR-96-13-T,
January 27, 2000)

Commission on Human Rights

History
The Commission on Human Rights (CHR) is an independent National Human
Rights Institution (NHRI) created under the 1987 Philippine Constitution, established
on 05 May 1987 by virtue of Executive Order No. 163.
The CHR was created as a response to the atrocities committed during Martial
Law. When the 1987 Philippine Constitution was drafted, Article XIII on Social Justice
and Human Rights clearly defined the creation of the Commission.
“There is hereby created an independent office called The Commission on
Human Rights... (to) investigate, on its own or on complaint by any party, all forms of
human rights violations involving civil and political rights ...” (Sec. 17-18, Art. XIII,
Philippine Constitution)
Composition
 Composed of 5 members
 The chairperson and the 4 commissioners of the commission have fixed seven-
year terms
 Qualifications for CHR chairperson are as follows:
1. A natural-born citizen of the Philippines;
2. At least thirty-five years of age; and
3. Has not been a candidate for any elective position preceding their
appointment. (Sec. 2a of EO 163)
 College of Criminal Justice Education
Course Syllabus in Human Rights Education
A.Y. 2022-2023 Fourth Term, First Wave

Functions
1. Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide
for preventive measures and legal aid services to the under-privileged whose
human rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to
enhance respect for the primacy of human rights;
6. Recommend to Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their
families;
7. Monitor the Philippine Government's compliance with international treaty
obligations on human rights;
8. Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to
determine the truth in any investigation conducted by it or under its authority;
9. Request the assistance of any department, bureau, office, or agency in the
performance of its functions;
10. Appoint its officers and employees in accordance with law;
11. Perform such other duties and functions as may be provided by law
(Sec. 18, Art. XIII, 1987 Constitution)

Q: Does the CHR have the power to penalize or adjudicate cases?

A: No. the CHR does not have any adjudicatory power. The scope of CHR is only to
investigate human rights violations and to recommend such actions to judicial or quasi-
judicial bodies of the government.

Q: How will CHR conduct its investigation?

A: General Rule:
All public inquiries shall be open to the public.
Exception:
The Commission en banc or the Regional Office or Committee concerned
may motu proprio exclude the public from attending the inquiry proceedings in the
following instances:

1. When the testimony in open session will put the life and security of
the victim, witness, or any member of his/her family in greater risk or
danger;
2. When the testimony or re-enactment of a particular scene of the
violation or the evidence to be presented is highly sensitive or offensive to
human dignity, or to public morals or health;
3. When the person testifying is a child who is a victim of abuse or an
eyewitness to a case of child abuse or human rights violation committed
against any member of his/her family or any person;
4. Upon motion of any of the parties for justifiable reasons. (Sec 5,
Rule 7 of CHR Procedure 8.31.2012)
College of Criminal Justice Education
Course Syllabus in Human Rights Education
A.Y. 2022-2023 Fourth Term, First Wave