Human rights in the Philippines

Human rights in the Philippines pertains to the concept, practice, and issues of human rights
within the Philippine archipelago. The concept of "human rights," in the context of the
Philippines, pertains mainly (but is not limited) to the civil and political rights of a person living
in the Philippines by reason of the 1987 Philippines Constitution. Human rights are a justified
set of claims that set moral standards to members of the human race, not exclusive to a specific
community or citizenship. Membership in the human race is the sole qualification to obtain
these rights. Human rights, unlike area-specific conventions of international laws (e.g. European
Convention on Human Rights and International Covenant on Civil and Political Rights and
on Economic, Social and Cultural Rights), are universally justifiable as it pertains to the entire
human race, regardless of geographical location.

The Philippines is a signatory to the Universal Declaration of Human Rights (UDHR) drafted by
the United Nations (UN) in the 1948. The Universal Declaration of Human Rights was adopted,
alongside the Genocide Convention and the Convention on the Elimination of All Forms of
Racial Discrimination, by the United Nations in response to the tragic and horrendous violations
of human rights during the Second World War. The United Nations Charter, a treaty, was
created in order to define what roles, powers, and duties the United Nations is allowed to
practice in dealing with international relations. Article I of the UN Charter states that the UN
aims:
"To achieve international co-operation in solving international problems of an economic, social,
cultural, or humanitarian character, and in promoting and encouraging respect for human
rights and for fundamental freedoms for all without distinction as to race, sex, language, or
religion;"

According to the Charter, the jurisdiction of the United Nations is to provide cooperation
among the nations, and not act as an international government. The UN Charter paved the way
for the drafting of the UDHR. The UDHR aims to promote "universal respect for, and the
observance of, human rights." Thus, the UDHR is merely a declaration for each signatory to
adopt to its own political system. The significance of the UDHR as stated in its Preamble is:
"Whereas a common understanding of these rights and freedoms is of the greatest importance
for the full realization of this pledge."

As a signatory to the UDHR, the Philippines then declares an understanding and adherence of
these fundamental and inalienable rights to its population. The Philippines has adhered to the
UDHR through the Bill of Rights, and continued to create laws and policies that cater to a
specific sector, like the Labor Code and the Indigenous Peoples' Rights.

https://en.wikipedia.org/wiki/Human_rights_in_the_Philippines

Human rights
Human rights refers to universal rights of human beings regardless of jurisdiction or other
factors, such as ethnicity, nationality, religion, or sex.
The idea of human rights descended from the philosophical idea of natural rights; some
recognize no difference between the two and regard both as labels for the same thing while
others choose to keep the terms separate to eliminate association with some features
traditionally associated with natural rights.<ref>Peter Jones. Rights. Palgrave Macmillan, 1994,
p. 73</ref>

As is evident in the United Nations Universal Declaration of Human Rights, human rights, at
least in the post-war period, are conceptualized as based on inherent human dignity, retaining
their universal character.
The existence, validity and the content of human rights continue to be the subject to debate
in philosophy and political science and many other forms. Legally, human rights are defined
in international law and covenants, and further, in the domestic laws of many states. However,
for many people the doctrine of human rights goes beyond law and forms a fundamental moral
basis for regulating the contemporary geo-political order. For them, they are democratic ideals.

History of human rights legislation

"It is not a treaty...[In the future, it] may well become the international Magna
Carta."<ref>Eleanor Roosevelt: Address to the United Nations General Assembly 9
December 1948 in Paris, France</ref> Eleanor Rooseveltwith the Spanish text of the Universal
Declaration in 1949

Appalled by the barbarism of the Second World War, the United Nations General
Assembly adopted the Universal Declaration of Human Rights in 1948. While not legally
binding, it urged member nations to promote a number of human, civil, economic and social
rights, asserting these rights are part of the "foundation of freedom, justice and peace in the
world". The declaration was the first international legal effort to limit the behavior of states and
press upon them duties to their citizens following the model of the rights-duty duality.

Many states wanted to go beyond the declaration of rights and create legal covenants which
would put greater pressure on states to follow human rights norms. Because some states
disagreed over whether this international covenant should contain economic and social rights
(which usually require a greater effort to fulfill on the part of individual states), two treaties
were prepared.

In 1966 and 1976 respectively, the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights came into force. With
the Universal Declaration of Human Rights these documents form the International bill of
rights.

Since then several other pieces of legislation have been introduced at the international level:
 Convention on the Prevention and Punishment of the Crime of Genocide (entry into force:
1951)
 Convention against Torture (entry into force: 1984)
 Convention on the Elimination of All Forms of Racial Discrimination (entry into force: 1969)
 Convention on the Elimination of All Forms of Discrimination Against Women (entry into
force: 1981)
 Convention on the Rights of the Child (entry into force: 1989)
 Rome Statute of the International Criminal Court (entry into force: 2002)

With the exception of the non-deformable human rights (the four most important are the right
to life, the right to be free from slavery, the right to be free from torture and the right to be
free from retroactive application of penal laws), the UN recognizes that human rights can be
limited or even pushed aside during times of national emergency - although "the emergency
must be actual, affect the whole population and the threat must be to the very existence of the
nation. The declaration of emergency must also be a last resort and a temporary measure" [6].
Conduct in war is governed by International Humanitarian Law.
International bodies
The International Covenant on Civil and Political Rights created an agency, the Human Rights
Committee to promote compliance with its norms. The 18 members of the committee express
opinions as to whether a particular practice is a human rights violation, although its reports are
not legally binding.
A modern interpretation of the original Declaration of Human Rights was made in the Vienna
Declaration and Programme of Action adopted by the World Conference on Human Rights in
1993. The degree of unanimity over these conventions, in terms of how many and which
countries have ratified them varies, as does the degree to which they are respected by various
states. The UN has set up a number of bodies to monitor and study human rights, under the
leadership of the UN High Commissioner for Human Rights (UNHCHR).

Regional legislation
There are also many regional agreements and organisations governing human rights including
the European Court of Human Rights, which is the only international court with jurisdiction to
deal with cases brought by individuals (rather than states); the African Commission on Human
and Peoples' Rights; Inter-American Commission on Human Rights; Cairo Declaration on Human
Rights in Islam; Inter-American Court of Human Rights; and Iran's Defenders of Human Rights
Center.

History of human rights

Ur-Nammu, the king of Ur created what was arguably the first legal codex in ca. 2050 BC.
Several other sets of laws were created in Mesopotamia including the Code of Hammurabi, (ca.
1780 BC) which is one of the best preserved examples of this type of document. It shows rules
and punishments if those rules are broken on a variety of matters including women's
rights, children's rights and slave rights.
The Persian Empire (Iran) established unprecedented principles of human rights in the 6th
century BC under the reign of Cyrus the Great. After his conquest of Babylonin 539 BC, the king
issued the Cyrus Cylinder, discovered in 1879 and recognized by many today as the first human
rights document. The cylinder declared that citizens of the empire would be allowed to practice
their religious beliefs freely. It also abolished slavery, so all the palaces of the kings of Persia
were built by paid workers in an era where slaves typically did such work. <ref
name="Engineering an Empire: Persian Empire"> www.youtube.com/watch?v=eKN-gZuSH2o
</ref>These two reforms were reflected in the biblical books of Chronicles and Ezra, which
state that Cyrus released the followers of Judaism from slavery and allowed them to migrate
back to their land. The cylinder now lies in the British Museum, and a replica is kept at
the United Nations headquarters.
Three centuries later, the Mauryan Empire of ancient India established unprecedented
principles of civil rights in the 3rd century BC under the reign of Ashoka the Great. After his
brutal conquest of Kalinga in circa 265 BC, he felt remorse for what he had done, and as a
result, adopted Buddhism. From then, Ashoka, who had been described as "the cruel Ashoka"
eventually came to be known as "the pious Ashoka". During his reign, he pursued an official
policy of nonviolence (ahimsa). The unnecessary slaughter or mutilation of animals was
immediately abolished, such as sport hunting and branding. Ashoka also showed mercy to
those imprisoned, allowing them outside one day each year, and offered common citizens free
education at universities. He treated his subjects as equals regardless of their religion, politics
or caste, and constructed free hospitals for both humans and animals. Ashoka defined the main
principles of nonviolence, tolerance of all sects and opinions, obedience to parents, respect for
teachers and priests, being liberal towards friends, humane treatment of servants (slavery was
non-existent in India at the time), and generosity towards all. These reforms are described in
the Edicts of Ashoka.
Elsewhere societies have located the beginnings of human rights in religious documents.
The Vedas, the Bible, the Qur'an and the Analects of Confucius are some of the oldest written
sources which address questions of people’s duties, rights, and responsibilities.
In 1215 King John of England issued the Magna Carta, a document forced upon him by
the Pope and English barons, which required him to renounce certain rights, respect certain
legal procedures and accept that the will of the king could be bound by law. Although the
document did not itself limit the power of the king in the Middle Ages, its later reinterpretation
in the Elizabethean and Stuart periods established it as a powerful document on
which constitutional law was founded in Britain and elsewhere.
In 1222, the Manden Charter in Mali was a declaration of essential human rights, including the
right to life, and opposed the practice of slavery.
The conquest of the Americas in the 16th century by the Spanish resulted in vigorous debate
about human rights in Spain. The debate from 1550-51 between Las Casas and Juan Ginés de
Sepúlveda at Valladolid was probably the first on the topic of human rights in European history.
Several 17th and 18th century European philosophers, most notably John Locke, developed the
concept of natural rights, the notion that people possess certain rights by virtue of being
human. Though Locke believed natural rights were derived from divinity since humans were
creations of God, his ideas were important in the development of the modern notion of rights.
Lockean natural rights did not rely on citizenship nor any law of the state, nor were they
necessarily limited to one particular ethnic, cultural or religious group.
U.S. Declaration of Independenceratified by the Continental Congress on July 4, 1776 Two
major revolutions occurred that century in the United States (1776) and in France (1789).
The United States Declaration of Independence includes concepts of natural rights and
famously states "that all men are created equal, that they are endowed by their creator with
certain unalienable rights, that among these are life, liberty and the pursuit of happiness."

Declaration of the Rights of Man and of the Citizen approved by the National Assembly of
France, August 26, 1789
Similarly, the Declaration of the Rights of Man and of the Citizen defines a set of individual
and collective rights of the people. These are held to be universal - not only to French
citizens but to all men without exception.
Philosophers such as Thomas Paine, John Stuart Mill and Hegel expanded on the theme
of universality during the 18th and 19th centuries. In 1831 William Lloyd Garrison wrote in a
newspaper called The Liberator that he was trying to enlist his readers in "the great cause
of human rights"<ref>Mayer, Henry "All on Fire: William Lloyd Garrison and the Abolition of
Slavery" St. Martin's Press, 1998, p. 110</ref> so the term human rights probably came into
use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a
contemporary, Henry David Thoreau, wrote about human rights in his treatise On the Duty
of Civil Disobedience which was later influential on human rights and civil rights thinkers.
United States Supreme Court Justice Davis Davis, in his 1867 opinion for Ex Parte Milligan,
 wrote "By the protection of the law, human rights are secured; withdraw that protection
and they are at the mercy of wicked rulers or the clamor of an excited people."<ref>Ex
Parte Milligan, 71 U.S. 2, 119.</ref>
Many groups and movements have managed to achieve profound social changes over the
course of the 20th century in the name of human rights. In Western Europe and North
America, labour unions brought about laws granting workers the right to strike, establishing
minimum work conditions and forbidding or regulating child labour. The women's
rights movement succeeded in gaining for many women the right to vote. National
liberation movements in many countries succeeded in driving out colonial powers. One of
the most influential was Mahatma Gandhi's movement to free his
native India from British rule. Movements by long-oppressed racial and religious minorities
succeeded in many parts of the world, among them the civil rights movement, and more
recent diverse identity politics movements, on behalf of women and minorities in the
United States.

Philosophy of human rights

Types
Human rights are sometimes divided into negative and positive rights. "Negative" human rights,
which follow mainly from the Anglo-American legal tradition, are rights that a government
and/or private entities may not take action to remove. For example, right to life and security of
person; freedom from slavery; equality before the law and due process under the rule of law;
freedom of movement; freedoms of speech, religion, assembly; the right to bear arms. These
have been codified in documents including the Scottish Claim of Right, the English Bill of
Rights the Canadian Charter of Rights and Freedomsand the United States Bill of
Rights and Fourteenth Amendment.
"Positive" human rights mainly follow from the Rousseauian Continental European legal
tradition and denote rights that the state is obliged to protect and provide. Examples of such
rights include: the rights to education, to health care, to a livelihood. Positive rights have been
codified in the Universal Declaration of Human Rights and in many 20th-century constitutions.
Another categorization, offered by Karel Vasak, is that there are three generations of human
rights: first-generation civil and political rights (right to life and political participation), second-
generation economic, social and cultural rights (right to subsistence) and third-generation
solidarity rights (right to peace, right to clean environment). Out of these generations, the third
generation is the most debated and lacks both legal and political recognition. Some theorists
discredit these divisions by claiming that rights are interconnected. Arguably, for example, basic
education is necessary for the right to political participation.
Some human rights are said to be "inalienable rights." This is not a term that has a precise
meaning today, but is a term from English property law, used metaphorically, and is usually a
reference to the United States Declaration of Independence, emphasizing the importance of a
claimed right.<ref>See Wikipedia article "inalienable rights"</ref>
Justification of human rights
Several theoretical approaches have been advanced to explain how human rights become part
of social expectations. The biological theory considers the comparative reproductive advantage
of human social behavior based on empathy and altruism in the context of natural selection.
Other theories hold that human rights codify moral behavior, which is a human, social product
developed by a process of biological and social evolution (associated with Hume) or as a
sociological pattern of rule setting (as in the sociological theory of law and the work of Weber).
This approach includes the notion that individuals in a society accept rules from legitimate
authority in exchange for security and economic advantage (as in Rawls).
On the other hand, natural law theories base human rights on the “natural” moral order that
derives from religious precepts such as common understandings of justice and the belief that
moral behavior is a set of objectively valid prescriptions. Some have used religious texts such as
the Bible and Qur'an to support human rights arguments. However, there are also more secular
forms of natural law theory that understand human rights as derivative of the notion of
universal human dignity.
Yet others have attempted to construct an "interests theory" defence of human rights. For
example the philosopher John Finnis argues that human rights are justifiable on the grounds of
their instrumental value in creating the necessary conditions for human well-being. Some
interest-theorists also justify the duty to respect the rights of other individuals on grounds of
self-interest (rather than altruism or benevolence). Reciprocal recognition and respect of rights
ensures that one's own will be protected.
Ultimately, the term "human rights" is often itself an appeal to a transcendent principle, not
based on existing legal concepts. The term "humanism" refers to the developing doctrine of
such universally applicable values. The term "human rights" has replaced the term "natural
rights" in popularity, because the rights are less and less frequently seen as requiring natural
law for their existence.<ref>Weston, Burns H. Human Rights in Encyclopedia Britannica Online,
p. 2, Retrieved May 18, 2006</ref>

Violations of human rights

Human rights Violation is abuse of people in a way that it abuses any fundamental human
rights. It is a term used when a government violates national or international law related to the
protection of human rights.
According to the Universal Declaration of Human Rights, fundamental human rights are violated
when, among other things:
 A certain race, creed, or group is denied recognition as a "person". (Articles 2 & 6)
 Men and women are not treated as equal. (Article 2)
 Different racial or religious groups are not treated as equal. (Article 2)
 Life, liberty or security of person are threatened. (Article 3)
 A person is sold as or used as a slave. (Article 4)
 Cruel, inhuman or degrading punishment is used on a person (such as torture or execution).
(Article 5) (See also Prisoners' rights)
 Victims of abuse are denied an effective judicial remedy. (Article 8)
 Punishments are dealt arbitrarily or unilaterally, without a proper and fair trial. (Article 11)
 Arbitrary interference into personal, or private lives by agents of the state. (Article 12)
 Citizens are forbidden to leave or return to their country. (Article 13)
 Freedom of speech or religion are denied. (Articles 18 & 19)
 The right to join a trade union is denied. (Article 23)
 Education is denied. (Article 26)
Monitoring
Human rights violations and abuses include those documented by non-governmental
organizations such as Amnesty International, Human Rights Watch, World Organisation Against
Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery
International.
Only a very few countries do not commit significant human rights violations, according to
Amnesty International. In their 2004 human rights report (covering 2003)
the Netherlands, Norway, Denmark, Icelandand Costa Rica are the only (mappable) countries
that did not violate at least some human rights significantly.
Some people believe human rights abuses are more common
in dictatorships or theocracies than in democracies because freedom of speech and freedom of
the press tend to uncover state orchestrated abuse and expose it. Nonetheless human rights
abuses do occur in democracies. For example, the Macpherson report found that the British
police had been institutionally racist in the handling of the death of Stephen Lawrence. Also
Amnesty International has called the running of Guantanamo Bay detainment camp by
the United States "a human rights scandal" in a series of reports [8].
In over 90 countries National human rights institutions (NHRIs)<ref>National Human Rights
Institutions Forum</ref> have been set up to protect, promote or monitor human rights in a
 given country. There are now over 90 such bodies. Not all of them are compliant with the
United Nations standards as set out in the 1993 Paris Principles, but the amount and effect of
these institutions is increasing.
HURIDOCS has developed extensive methodologies for monitoring and documenting human
rights violations, and more resources can be found at Human Rights Tools.
http://en.wikipilipinas.org/index.php/Human_rights

Human Rights Principles

Human rights are universal and inalienable; indivisible; interdependent and interrelated. They
are universal because everyone is born with and possesses the same rights, regardless of where
they live, their gender or race, or their religious, cultural or ethnic background. Inalienable
because people’s rights can never be taken away. Indivisible and interdependent because all
rights – political, civil, social, cultural and economic – are equal in importance and none can be
fully enjoyed without the others. They apply to all equally, and all have the right to participate
in decisions that affect their lives. They are upheld by the rule of law and strengthened through
legitimate claims for duty-bearers to be accountable to international standards.
Universality and Inalienability: Human rights are universal and inalienable. All people
everywhere in the world are entitled to them. The universality of human rights is encompassed
in the words of Article 1 of the Universal Declaration of Human Rights: “All human beings are
born free and equal in dignity and rights.”
Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic,
political or social issues, human rights are inherent to the dignity of every human person.
Consequently, all human rights have equal status, and cannot be positioned in a hierarchical
order. Denial of one right invariably impedes enjoyment of other rights. Thus, the right of
everyone to an adequate standard of living cannot be compromised at the expense of other
rights, such as the right to health or the right to education.
Interdependence and Interrelatedness: Human rights are interdependent and interrelated. Each
one contributes to the realization of a person’s human dignity through the satisfaction of his or
her developmental, physical, psychological and spiritual needs. The fulfilment of one right often
depends, wholly or in part, upon the fulfilment of others. For instance, fulfilment of the right to
health may depend, in certain circumstances, on fulfilment of the right to development, to
education or to information.
Equality and Non-discrimination: All individuals are equal as human beings and by virtue of the
inherent dignity of each human person. No one, therefore, should suffer discrimination on the
basis of race, colour, ethnicity, gender, age, language, sexual orientation, religion, political or
other opinion, national, social or geographical origin, disability, property, birth or other status
as established by human rights standards.
Participation and Inclusion: All people have the right to participate in and access information
relating to the decision-making processes that affect their lives and well-being. Rights-based
approaches require a high degree of participation by communities, civil society, minorities,
women, young people, indigenous peoples and other identified groups.
Accountability and Rule of Law: States and other duty-bearers are answerable for the
observance of human rights. In this regard, they have to comply with the legal norms and
standards enshrined in international human rights instruments. Where they fail to do so,
aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a
competent court or other adjudicator in accordance with the rules and procedures provided by
law. Individuals, the media, civil society and the international community play important roles
in holding governments accountable for their obligation to uphold human rights.
UNFPA supports the integration of human rights standards into all stages of its programming
framework, including:
 Analyzing the immediate, underlying and structural causes of human rights violations
 Setting strategies and goals to address the main causes of human rights violations and to
empower the most vulnerable people as well as to reinforce the capacity of duty bearers.
 Supporting initiatives for the establishment or improvement of an enabling legal and social
framework on population and development, reproductive health and gender equality
 Following the recommendations of UN treaty bodies such as the Committee on the
Elimination of Discrimination Against Women
 Evaluating and monitoring programmes with participatory processes and using human
rights indicators
UNFPA also recognizes that a rights-based approach should be founded on an analysis of
gender and social exclusion to ensure that programmes reach marginal and vulnerable
segments of the population, especially poor women and young people.

http://www.unfpa.org/resources/human-rights-principles
PREAMBLE

We, peoples of the Philippines, give highest value to the dignity and fullness of life of
the human person and share a common aspiration for human rights—even as we speak
different languages and dialects, profess different spiritual beliefs and uphold
different ideologies.

Ours is a history of revolutionary struggle against all forms of oppression for national
freedom, justice, equality and peace. The same struggle and aspirations for freedom
and respect for human rights have inspired our collective spirit to become a nation
proud of our heritage and diverse culture. Today, we rekindle the same revolutionary
spirit in our struggle against the negative effects of globalization, debt burden,
environmental destruction, social inequality and poverty. These make human and
peoples’ rights our foremost concern.

We assert that human and peoples’ rights are our fundamental, inherent and
inalienable rights to life, dignity and development. We recognize that these rights are
universal, interdependent and indivisible and are essential to fulfill and satisfy our
civil, political, economic, social, cultural, spiritual and environmental needs. They are
what make us human.

The growing democratization process and human rights consciousness as exemplified

in the active participation and assertion of civil society have served as tools in
opposing all forms of human rights violations and all forces that block our
development as individuals and as a nation.

Therefore, we hereby proclaim by this declaration, the basic standards for the
protection, promotion, respect and fulfillment of human and peoples’ rights by the
State.

INDIVIDUALS, SOCIETY AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern
and respect for these basic rights should be guaranteed, protected and upheld by the
State.

2. The State has the duty to safeguard and assure the dignity of its peoples as
individuals and as members of communities and ensure their capacity for self -
development. The State should formulate policies, enact laws and provide mechanisms
that are in conformity with universal human rights standards.

3. The State has the obligation to provide the highest standard of living for its citizens
by eradicating social, economic, political, cultural, ethnic and gender inequalities. In
the determination and implementation of laws and policies, the government must
always respect and consider the concerns of women, children and youth, persons with
disabilities, the mentally challenged, older persons, indigenous and Moro peoples, the
urban and rural poor, farmers and fisherfolk, workers - local and overseas, public or
private, whether formally employed or not, displaced families and communities and
other vulnerable sectors, with the view to ensuring their empowerment.

4. The diversity and plurality of the Philippines must be safeguarded through respect
and tolerance. The State must respect and promote harmony and understanding
between and among individuals, communities and peoples. It must uphold non -
discrimination among peoples regardless of age, race, ethnicity, religion, gender,
physical ability, sexual orientation, social beliefs and politi cal convictions. Cultural
traditions and institutionalized power shall not serve as justification for any form of
violence, abuse, neglect, or deprivation of human and peoples’ rights.

CIVIL RIGHTS

5. We have the right to life, liberty, security and property. We have the right to a
transparent, credible, competent and impartial justice system, free from influence and
corruption, where wrongs are redressed and justice is dispensed fairly, speedily and
equitably. We must have equal access to the courts and adequate legal assistance. We
must be treated equally before the law regardless of our political, social and economic
status.

6. We have a right to the security and privacy of our persons and our homes. The State
shall respect and uphold our right to the privacy of communication, information,
private transactions and affairs. The State shall ensure our freedom of movement and
liberty of abode.

7. The requirements of due process of law shall be observed before, during and after
trial. The accused is presumed innocent until proven guilty and shall enjoy the right
against self-incrimination, the right to an independent and competent counsel
preferably of his or her own choice, and the right to be informed of such rights.

8. Detainees and prisoners have the right to humane conditions of detention with
adequate food, space and ventilation, rest and recreation, sanitary and health
services, and skills training. They have the right to communicate with counsel, family
and friends and be visited by them. The right to practice their religious beliefs and to
express themselves shall likewise not be denied. The State must provide separate
detention facilities for women and children in conflict with the law. Detainees and
prisoners shall be given the opportunity for correction and rehabilitation towards their
reintegration into society.

9. No person shall be subjected to arrests, searches, seizures and detention without

due process of law. No suspect, detainee or prisoner shall be subjected to torture,
force, violence, intimidation, harassment or threats. No accused shall be subjected to
trial by publicity. Neither shall cruel, inhuman or degrading punishment or treatment
or incommunicado or solitary confinement be imposed.

10. We have the right against involuntary disappearances. The State shall protect its
citizens from all forms of systematic and massive extrajudicial and summary killings.
The State shall take responsibility for all the acts of its State agents and give
information and assistance to the families of the disappeared.

POLITICAL RIGHTS

11. We have the right to live in a democracy and are entitled to enjoy its benefits. The
right to meaningful representation, participation and decision -making about individual
and community concerns shall be recognized and maintained. The protection of life,
liberty and property, the upliftment of economic conditions and the promotion of the
general welfare are essential prerequisites of a truly democratic society.

12. Public office is a public trust. Transparency, accountability, integrity and

competence are minimum standards of good governance. It is the State’s duty to
eliminate graft and corruption at all levels of the bureaucracy. Towards this end, our
right to information on matters involving public interest shall be safeguarded.

13. We have the right to determine, participate, intervene and take action in all
matters that directly and indirectly affect our welfare. The freedoms of speech, press,
association and peaceful assembly shall at all times be recognized and protected by
the State.

14. The State shall provide equal access to opportunities for public service to all
competent and qualified citizens. The State must equitably diffuse political power and
prohibit political dynasties in accordance with democratic principles.

15. Sovereignty resides in the people. We reserve the right to defy a tyrannical,
oppressive and corrupt regime by means consistent with general principles of human
rights.

SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure
that its citizens shall be adequately nourished and free from hunger. The State has the
obligation to establish a responsive social housing program and protect the people
from unjust evictions from their homes. Protection and assistance shall be accorded
marginalized families and vulnerable sectors of society.

17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and
culturally sensitive education, responsive to our needs, which advances the culture of
human rights.

18. The State must establish a responsive social welfare system that contributes to the
continuous improvement of its people and their lives. All public utilities should be
accessible and affordable to meet the peoples’ basic necessities.

19. Children and youth have rights to special care, education, health, and protection
against all forms of abuse, discrimination, exploitation, corruption, and conditions
affecting their moral development. The best interest of the child shall always take
precedence in State policies and laws.

20. Women are partners of men in nation building. They have equal rights in civil,
political, social, and cultural aspects of life. The State shall protect and defend them
from discrimination, exploitation, trafficking, assault, battery and other forms of abuse
and violence.

21. Men and women have reproductive rights. The State shall recognize the rights of
all couples and individuals to decide freely and responsibly the numbe r, spacing and
timing of their children and to have the information and means to do so, and the right
to attain the highest standard of sexual and reproductive health. The State shall also
recognize the rights of couples in making decisions regarding repro duction free of
discrimination, coercion and violence, as expressed in human rights documents.

22. The indigenous and Moro peoples have the right to equality with all other peoples
and against all forms of discrimination. They have the right to existence as distinct
peoples free from assimilation as well as the right to resist development aggression,
which threatens their survival as a community. Thus, the State shall assist and support
them in the protection and preservation of their culture, language, t radition and
belief. They have an inherent right to their ancestral domain, which must be given
urgent immediate attention and protection by the State and should be respected and
defended by all.

23. The State shall accord special protection to persons with disabilities. They have the
right to enjoyment of equal opportunity as well as appropriate and accessible social
services, education, employment, rehabilitation and social security.

24. Older persons shall be given preferential treatment by the State . They shall be
given priority in terms of accessible social security and health.

ECONOMIC RIGHTS

25. We have the right to a nationalistic and independent economic policy protected
from foreign domination and intrusion. We have the right to a self-reliant economy
based on national industrialization. We have the right to resist all forms of oppressive
and unreasonable trade liberalization, to oppose a subservient debt management
strategy, and to repudiate all foreign debts that do not benefit th e people. The State
shall develop efficient and effective debt management strategies that will benefit the
people and shall give preferential treatment to local capital.

26. We have the right to equal access to employment opportunities and professional
advancement. The labor force is the lifeblood of the country and all workers have the
right to just compensation, dignified and humane working environment, job security,
the right to form and join unions and organizations, to bargain collectively, to go on
strike and to actively participate in political life. Discrimination in the work place,
sexual harassment, slavery, exploitation, and child labor shall not be tolerated.
Moreover, overseas workers have the right to enjoy the basic rights accorded to
workers in their respective host countries, consistent with international labor laws or
standards.

27. Land, as a limited resource, bears a social function. The right to own land should be
limited to Filipinos and shall be guided by the principle of stew ardship and subject to
the demands of the common good. Peasants shall have the right to own the land they
till through a genuine agrarian reform program including support services. Landowners
shall also be protected from land grabbers through effective leg al and administrative
measures.

28. Fisherfolk have the right of access to fishing grounds, to protection from foreign
incursions and local large-scale/commercial fishing business, to genuine aquatic
reforms and to the preservation and protection of communal fishing grounds.

29. We have the preferential right to the judicious cultivation, utilization, and
preservation of our natural resources which will ensure an ecological balance that can
support and sustain the total physical and economic well being of every person, family
and community.

30. The marginalized and vulnerable sectors shall have preferential access/control to
credit and micro-finance, and the right to skills and livelihood training, which shall
contribute to the constant improvement of their lives.
COLLECTIVE RIGHTS

31. We have the right to self-determination. This right provides us with the freedom to
develop ourselves as peoples, preserve our culture and retain our national identity.
Our peoples shall not be coerced into assimilation, nor shall forced evacuation,
dislocation and displacement resulting from development aggression and other State
policies should be allowed. We have the right to resist any form of political, economic,
social or cultural domination by resorting to any legitimate means.

32. We have the right to a clean, safe and sustainable environment that supports an
equitable quality of life. Ecological balance must be preserved in the pursuit of
national development because the capacity of our resources to continu e supporting
our daily needs is limited. Collectively, we have the intergenerational responsibility to
protect, conserve and develop our natural environment for the enjoyment of present
and future generations of Filipinos.

33. We have the right to a social order, which is conducive to peace and development.
It is the duty of the State to undertake a comprehensive peace process that reflects
the sentiments, values and principles important to all peoples of the Philippines.
Therefore, it shall not be defined by the State alone, nor the different contending
groups only, but by all peoples of the Philippines as one community. The promotion
and protection of our rights must be geared towards international understanding,
solidarity among peoples and nations, and friendship among all racial, ethnic or
religious groups.

EPILOGUE

Human rights are universal, inalienable and indivisible. They are dynamic and continue
to evolve in response to the growing needs, concerns and aspirations of individuals
and communities. These rights are enriched in the course of the struggle for their full
recognition. The human and peoples’ rights affirmed in this declaration are wholly
consistent with contemporary international standards. Nothing in this declaration shall
be used to negate or deny any other rights – whether specified or inferred found in
national or international human rights instruments.

The promotion of human and peoples’ rights is pursued through individual and
collective action. They are the product or purposive struggle and are linked to the real
conditions and concerns of the people. While much has been achieved, much remains
to be done. In this new millennium, there will remain the need for human rights
defenders so long as repressive regimes, systems and st ructures exist that threaten to
thwart our gains.

In our world today, more and more people have become aware and thus aspire to live
in an environment that protects the universal standards of human rights. Human rights
are a source of strength and power for people – they enable us to continue to work for
peace, prosperity, progress and sustainable development. The cause of human rights
enlivens our commitment to the realizations of the fullness of life. This is our collective
task as a people in solidarity with all the people of the world.

Background Note
The Human and Peoples' Rights Declaration of the Philippines is being use as the
contribution of the Working Group for an ASEAN Human Rights Mechanism to the
drafting of the ASEAN Human Rights Declaration.

https://www.hurights.or.jp/archives/other_documents/section1/2001/11/the-human-and-
peoples-rights-declaration-of-the-philippines-2001.html

Human Rights
1. Human Rights Defined Human rights are generally defined as those rights, which are inherent in our
nature, and without which, we cannot live as human beings. - United Nation
3. Human rights are supreme, inherent, and inalienable rights to life, dignity and self-development. It is
the essence of these rights that makes man human. -PhilippineCommission on Human Right Human
Rights Defined
4. Human Rights Defined International norms that help to protect all people everywhere from severe
political, legal, and social abuses. http://plato.stanford.edu/entries/rights-human/
5. Inherent Fundamental Inalienable Imprescriptible Indivisible Universal Interdependent Basic
Characteristics of Human Rights
6. Categories of Human Rights As Fundamental Freedom in Political Rights As Democratic Rights As
Mobility Rights As Right to Life, Liberty and the Security of the Person As Legal Rights As Rights of
Equality
7. Categories of Human Rights As Economic, Social and Cultural Rights AsWorkers’ Rights As
Aboriginal Rights As Reproductive Rights As Protective Rights of Persons in Armed Conflicts As
Right of Self-determination As Minority Group Right
8. As Fundamental Freedom in Political Rights  The Bill of Rights in the Philippine Constitution contains
these fundamental freedoms Categories of Human Rights
9. As Democratic Rights Rights that are commonly exercised in a democratic state Categories of
Human Rights
10. As Mobility Rights  Right to travel and return to one’s country, and the freedom to movement
within the country  National as well as international in character Categories of Human Rights
11. As Right to Life, Liberty and the Security of the Person  Represents the core of fundamental rights
which relate to the right to physical and personal integrity, consistent with human dignity. Categories of
Human Rights
12. As Legal Rights Rights that constitute due process that can be invoked by persons accused.
Categories of Human Rights
13. As Rights of Equality  Right against discrimination  Everyone is equal before the law and is
entitled to equal protection or the equal benefit of the law. Categories of Human Rights
14. As Economic, Social and Cultural Rights  Considered to be more of standards to be observed by the
State  Freedom from detention, torture and other forms of political repression will be meaningless
when people are hostage to hunger, disease, ignorance and unemployment. Categories of Human Rights
15. As Workers’ Rights  Includes the right to association, the right to organize unions, to bargain
collectively, the prohibition of employment of children, and the guarantee of minimum wages and other
support. Categories of Human Rights
16. As Aboriginal Rights Associated with the rights of indigenous cultural tribes or communities
Categories of Human Rights
17. As Reproductive Rights  Includes the right to found a family and bear children, to gender sensitivity
and the biomedical technology, and to family planning Categories of Human Rights
18. As Protective Rights of Persons in Armed Conflicts  Rights provided in the international
humanitarian law for the protection of children, women and non-combatants during internal armed
conflicts Categories of Human Rights
19. As Right of Self-determination  This rights was asserted by colonial peoples in their struggle for
independence  Right of people to be free from colonial rule and decide their own destiny (Article II,
Section 7, Philippine Constitution) Categories of Human Rights
20. As Minority Group Right These rights include the protection of ethnic, linguistic and religious
minorities (Article XIV, Section 7, Philippine Constitution) Categories of Human Rights
21. Origin of Human Rights in the Philippines 1896  Educated Filipinos were already aware of the basic
constitutional guarantees mentioned in the American and English Bill of Rights
22. June 2o, 1899  Malolos Constitution was adopted, establishing a Republican government,
contained several provisions on civil and political rights, guaranteeing freedom from arbitrary arrest and
detention, freedom from searches and seizures, freedom to choose home and freedom of religion.
Origin of Human Rights in the Philippines
23. 1901  Upon assumption of U.S. sovereignty over the Philippines, President McKinley directed
application of the American Bill of Rights through his Instruction to the Philippine Commission Origin of
Human Rights in the Philippines
24.  Said principles were reiterated in the Philippine Bill of 1902, the Philippine Autonomy Act of 1916
(Jones Law), and the Philippine Independence Act of 1934 (Tydings- Mcduffee Law) Origin of Human
Rights in the Philippines
25. 1935  The first Philippine Constitution was adopted 1937  Philippine constitution was reiterated
 Bill of Rights included which are now known as civil and political rights Origin of Human Rights in the
Philippines
26. 1942-1944  Filipinos were temporarily deprived of the enjoyment of the civil and political rights
(military rule of Japan) 1945  Civil and political rights of Filipinos restored Origin of Human Rights in the
Philippines
27. 1970’s  Rule of President Ferdinand Marcos  Filipinos were again subjected to violation of human
rights 1986  EDSA Revolution  A new resolution was adopted which took effect the following year
Origin of Human Rights in the Philippines
28. 1987  The new constitution categorically states that the State values dignity of every human
person and guarantees full respect for human rights (Bill of Rights). Origin of Human Rights in the
Philippines
https://www.slideshare.net/christiancel/human-rights2-35516073

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE XIII

ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for
the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property
and its increments.
Section 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.
LABOR
Section 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of
labor to its just share in the fruits of production and the right of enterprises to reasonable
returns to investments, and to expansion and growth.
AGRARIAN AND NATURAL RESOURCES REFORM
Section 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the just distribution of all agricultural lands,
subject to such priorities and reasonable retention limits as the Congress may prescribe, taking
into account ecological, developmental, or equity considerations, and subject to the payment
of just compensation. In determining retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for voluntary land-sharing.
Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well
as cooperatives, and other independent farmers’ organizations to participate in the planning,
organization, and management of the program, and shall provide support to agriculture
through appropriate technology and research, and adequate financial, production, marketing,
and other support services.
Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession suitable to agriculture, subject
to prior rights, homestead rights of small settlers, and the rights of indigenous communities to
their ancestral lands.
The State may resettle landless farmers and farmworkers in its own agricultural estates which
shall be distributed to them in the manner provided by law.
Section 7. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of the communal marine and fishing resources, both
inland and offshore. It shall provide support to such fishermen through appropriate technology
and research, adequate financial, production, and marketing assistance, and other services. The
State shall also protect, develop, and conserve such resources. The protection shall extend to
offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall
receive a just share from their labor in the utilization of marine and fishing resources.
Section 8. The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment creation, and privatization
of public sector enterprises. Financial instruments used as payment for their lands shall be
honored as equity in enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall, by law, and for the common good, undertake, in cooperation with
the private sector, a continuing program of urban land reform and housing which will make
available at affordable cost, decent housing and basic services to underprivileged and homeless
citizens in urban centers and resettlement areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of such program the State shall respect
the rights of small property owners.
Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished,
except in accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without adequate consultation
with them and the communities where they are to be relocated.
HEALTH
Section 11. The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the
underprivileged, sick, elderly, disabled, women, and children. The State shall endeavor to
provide free medical care to paupers.
Section 12. The State shall establish and maintain an effective food and drug regulatory system
and undertake appropriate health, manpower development, and research, responsive to the
country’s health needs and problems.
Section 13. The State shall establish a special agency for disabled persons for their
rehabilitation, self-development, and self-reliance, and their integration into the mainstream of
society.
WOMEN
Section 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities
that will enhance their welfare and enable them to realize their full potential in the service of
the nation.

ROLE AND RIGHTS OF PEOPLE’S ORGANIZATIONS

Section 15. The State shall respect the role of independent people’s organizations to enable the
people to pursue and protect, within the democratic framework, their legitimate and collective
interests and aspirations through peaceful and lawful means.
People’s organizations are bona fide associations of citizens with demonstrated capacity to
promote the public interest and with identifiable leadership, membership, and structure.
Section 16. The right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the establishment of adequate consultation
mechanisms.
HUMAN RIGHTS
Section 17. (1) There is hereby created an independent office called the Commission on Human
Rights.
(2) The Commission shall be composed of a Chairman and four Members who must be natural-
born citizens of the Philippines and a majority of whom shall be members of the Bar. The term
of office and other qualifications and disabilities of the Members of the Commission shall be
provided by law.
(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights
shall continue to exercise its present functions and powers.
(4) The approved annual appropriations of the Commission shall be automatically and regularly
released.
Section 18. The Commission on Human Rights shall have the following powers and 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 underprivileged 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; and
(11) Perform such other duties and functions as may be provided by law.
Section 19. The Congress may provide for other cases of violations of human rights that should
fall within the authority of the Commission, taking into account its recommendations.
http://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-
philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-xiii/
Republic Act No. 10368
H. No. 5990
S. No. 3334
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.
[REPUBLIC ACT NO. 10368]
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS
VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
CHAPTER I
PRELIMINARY PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the “Human Rights Victims Reparation and
Recognition Act of 2013”.
SEC. 2. Declaration of Policy. — Section 11 of Article II of the 1987 Constitution of the Republic
of the Philippines declares that the State values the dignity of every human, person and
guarantees full respect for human rights. Pursuant to this declared policy, Section 12 of Article
III of the Constitution prohibits the use of torture, force, violence, threat, intimidation, or any
other means which vitiate the free will and mandates the compensation and rehabilitation of
victims of torture or similar practices and their families.
By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of
international law as part of the law of the land, the Philippines adheres to international human
rights laws and conventions, the Universal Declaration of Human Rights, including the
International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture
(CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment which imposes on each
State party the obligation to enact domestic legislation to give effect to the rights recognized
therein and to ensure that any person whose rights or freedoms have been violated shall have
an effective remedy, even if the violation is committed by persons acting in an official capacity.
In fact, the right to a remedy is itself guaranteed under existing human rights treaties and/or
customary international law, being peremptory in character (jus cogens)and as such has been
recognized as non-derogable.
Consistent with the foregoing, it is hereby declared the policy of the State to recognize the
heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced
or involuntary disappearance and other gross human rights violations committed during the
regime of former President Ferdinand E. Marcos covering the period from September 21, 1972
to February 25, 1986 and restore the victims’ honor and dignity. The State hereby
acknowledges its moral and legal obligation to recognize and/or provide reparation to said
victims and/or their families for the deaths, injuries, sufferings, deprivations and damages they
suffered under the Marcos regime.
Similarly, it is the obligation of the State to acknowledge the sufferings and damages inflicted
upon persons whose properties or businesses were forcibly taken over, sequestered or used, or
those whose professions were damaged and/or impaired, or those whose freedom of
movement was restricted, and/or such other victims of the violations of the Bill of Rights.
SEC. 3. Definition of Terms. — The following terms as used in this Act shall mean:
(a) Detention refers to the act of taking a person into custody against his will by persons acting
in an official capacity and/or agents of the State.
(b) Human rights violation refers to any act or omission committed during the period from
September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or agents
of the State, but shall not be limited to the following:
(1) Any search, arrest and/or detention without a valid search warrant or warrant of arrest
issued by a civilian court of law, including any warrantless arrest or detention carried out
pursuant to the declaration of Martial Law by former President Ferdinand E. Marcos as well as
any arrest., detention or deprivation of liberty carried out during the covered period on the
basis of an “Arrest, Search and Seizure Order (ASSO)”, a “Presidential Commitment Order
{PCO)” or a “Preventive Detention Action (PDA)” and such other similar executive issuances as
defined by decrees of former President Ferdinand E. Marcos, or in any manner that the arrest,
detention or deprivation, of liberty was effected;
(2) The infliction by a person acting in an official capacity and/or an agent of the State of
physical injury, torture, killing, or violation of other human rights, of any person exercising civil
or political rights, including but not limited to the freedom of speech, assembly or organization;
and/or the right to petition the government for redress of grievances, even if such violation
took place during or in the course of what the authorities at the time deemed an illegal
assembly or demonstration: Provided, That torture in any form or under any circumstance shall
be considered a human rights violation;
(3) Any enforced or involuntary disappearance caused upon a person who was arrested,
detained or abducted against one’s will or otherwise deprived of one’s liberty, as defined
in Republic Act No. 10350 {{1}}, otherwise known as the “Anti-Enforced or Involuntary
Disappearance Act of 2012”;
(4) Any force or intimidation causing the involuntary exile of a person from the Philippines;
(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of a business,
confiscation of property, detention of owner/s and or their families, deprivation of livelihood of
a person by agents of the State, including those caused by Ferdinand E. Marcos, his spouse
Imelda R. Marcos, their immediate relatives by consanguinity or affinity, as well as those
persons considered as among their close relatives, associates, cronies and subordinates under
Executive Order No. 1, issued on February 28, 1986 by then President Corazon C. Aquino in the
exercise of her legislative powers under the Freedom Constitution;
(6) Any act or series of acts causing, committing and/or conducting the following:
(i) Kidnapping or otherwise exploiting children of persons suspected of committing acts against
the Marcos regime;
(ii) Committing sexual offenses against human rights victims who are detained and/or in the
course of conducting military and/or police operations; and
(iii) Other violations and/or abuses similar or analogous to the above, including those
recognized by international law.
(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights were violated
by persons acting in an official capacity and/or agents of the State as defined herein. In order to
qualify for reparation under this Act, the human rights violation must have been committed
during the period from September 21, 1972 to February 25, 1986: Provided, however, That
victims of human rights violations that were committed one (1) month before September 21,
1972 and one (1) month after February 25, 1986 shall be entitled to reparation, under this Act if
they can establish that the violation was committed:
(1) By agents of the State and/or persons acting in an official capacity as defined hereunder;
(2) For the purpose of preserving, maintaining, supporting or promoting the said regime; or
(3) To conceal abuses during the Marcos regime and/or the effects of Martial Law.
(d) Persons Acting in an Official Capacity and/or Agents of the State.—The following persons
shall be deemed persons acting in an official capacity and/or agents of the State under this Act:
(1) Any member of the former Philippine Constabulary (PC), the former Integrated National
Police (INP), the Armed Forces of the Philippines (AFP) and the Civilian Home Defense Force
(CHDF) from September 21, 1972 to February 25, 1986 as well as any civilian agent attached
thereto; and any member of a paramilitary group even if one is not organically part of the PC,
the INP, the AFP or the CHDF so long as it is shown that the group was organized, funded,
supplied with equipment, facilities and/or resources, and/or indoctrinated, controlled and/or
supervised by any person acting in an official capacity and/or agent of the State as herein
defined;
(2) Any member of the civil service, including persons who held elective or appointive public
office at any time from September 21, 1972 to February 25, 1986;
(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating the Presidential
Commission on Good Government (PCGG), issued on February 28, 1986 and related laws by
then President Corazon C. Aquino in the exercise of her legislative powers under the Freedom
Constitution, including former President Ferdinand E. Marcos, spouse Imelda R. Marcos, their
immediate relatives by consanguinity or affinity, as well as their close relatives, associates,
cronies and subordinates; and
(4) Any person or group/s of persons acting with the authorization, support or acquiescence of
the State during the Marcos regime.
(e) Torture refers to any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on any person under the custody of persons acting in an official capacity
and/or agents of the State, as defined by law, jurisprudence, international conventions and
Republic Act No. 9745, otherwise known as the “Anti-Torture Act of 2009”.
SEC 4. Entitlement to Monetary Reparation. — Any HRVV qualified under this Act shall receive
reparation from the State, free of tax, as herein prescribed: Provided, That for a deceased or
involuntary disappeared HRVV, the legal heirs as provided for in the Civil Code of the
Philippines, or such other person named by the executor or administrator of the deceased or
involuntary disappeared HRVV’s estate in that order, shall be entitled to receive such
reparation: Provided, further, That no special power of attorney shall be recognized in the
actual disbursement of the award, and only the victim or the aforestated successor(s)-in-
interest shall be entitled to personally receive said reparation form the Board, unless the victim
involved is shown to be incapacitated to the satisfaction of the Board: Provided,
furthermore, That the reparation received under this Act shall be without prejudice to the
receipt of any other sum by the HRVV from any other person or entity in any case involving
violations of human rights as defined in this Act.
SEC. 5. Nonmonetary Reparation. — The Department of Health (DOH), the Department of Social
Welfare and Development (DSWD), the Department of Education (DepED), the Commission on
Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA),
and such other government agencies shall render the necessary services as nonmonetary
reparation for HRVVs and/or their families, as may be determined by the Board pursuant to the
provisions of this Act. The amount necessary for this purpose shall be sourced from the budget
of the agency concerned in the annual General Appropriations Act (GAA).
SEC. 6. Amount of Reparation. — The amount of reparation under this Act shall be in proportion
to the gravity of the human rights violation committed on the HRVV and in accordance with the
number of points assigned to the individual under Section 19 hereof.
SEC. 7. Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus
accrued interest which form part of the funds transferred to the government of the Republic of
the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court,
adjudged by the Supreme Court of the Philippines as final and executory in Republic vs.
Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in
favor of the Republic of the Philippines, shall be the principal source funds for the
implementation of this Act.
CHAPTER II
THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD
SEC. 8. Creation and Composition of the Human Rights Victims’ Claims Board. — There is hereby
created an independent and quasi-judicial body to be known as the Human Rights Victims’
Claims Board, hereinafter referred to as the Board. It shall be composed of nine (9) members,
who shall possess the following qualifications:
(a) Must be of known probity, competence and integrity;
(b) Must have a deep and thorough understanding and knowledge of human rights and
involvement in efforts against human rights violations committed during the regime of former
President Ferdinand E. Marcos;
(c) At least three (3) of them must be members of the Philippine Bar who have been engaged in
the practice of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and commitment to human rights
protection, promotion and advocacy.
The Human Rights Victims’ Claims Board shall be attached to but shall not be under the
Commission on Human Rights (CHR).
The Board shall organize itself within thirty (30) days from the completion of appointment of all
nine (9) members and shall thereafter organize its Secretariat.
SEC. 9. Appointment to the Board. — The President shall appoint the Chairperson and the other
eight (8) members of the Board: Provided, That human rights organizations such as, but not
limited to, the Task Force Detainees of the Philippines (TFDP), the Free Legal Assistance Group
(FLAG), the Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI), the
Families of Victims of Involuntary Disappearance (FIND) and the Samahan ng mga Ex-Detainees
Laban sa Detensyon at Aresto (SELDA) may submit nominations to the President.
SEC. 10. Powers and Functions of the Board. — The Board shall have the following powers and
functions:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;
(c) Conduct independent administrative proceedings and resolve disputes over claims;
(d) Approve with finality all eligible claims under this Act;
(e) Deputize appropriate government agencies to assist it in order to effectively perform its
functions;
(f) Promulgate such rules as may be necessary to carry out the purposes of this Act, including
rules of procedure in the conduct of its proceedings, with the Revised Rules of Court of the
Philippines having suppletory application;
(g) Exercise administrative control and supervision over its Secretariat;
(h) The Board, at its discretion, may consult the human rights organizations mentioned in
Section 9 herein; and
(i) Perform such other duties, functions and responsibilities as may be necessary to effectively
attain the objectives of this Act.
SEC. 11. Resolution, of Claims. — The Board shall be composed of three (3) divisions which shall
function simultaneously and independently of each other in the resolution of claims for
reparation. Each division shall be composed of one (1) Chairperson, who shall be a member of
the Philippine Bar and two (2) members to be appointed by the Board en banc.
SEC. 12. Emoluments. — The Chairperson and members of the Board shall have the rank, salary,
emoluments and allowances equivalent to s Presiding Justice and Associate Justice of the Court
of Appeals, respectively.
SEC. 13. Secretariat of the Board. — The Board shall be assisted by a Secretariat which may
come from the existing personnel of the CHR, without prejudice to the hiring of additional
personnel as determined by the Board to accommodate the volume of required work. The
following shall be the functions of the Secretariat:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(b) Recommend to the Board the approval of applications for claims;
(c) Assist the Board in technical functions; and
(d) Perform other duties that may be assigned by the Board.
The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat for
the duration of the existence of the Board. There shall be a Technical Staff Head assisted by five
(5) Legal Officers and three (3) Paralegal Officers; and an Administrative Staff Head assisted by
three (3) Administrative Support Staff.
When necessary, the Board may hire additional contractual employees or contract a service
provider to provide services of counselors, psychologists, social workers and public education
specialists, among others, to augment the services of the Secretariat: Provided, That the
maximum contract amount per year shall not exceed more than fifteen percent (15%) of the
total annual operating budget of the Board.
SEC. 14. Operating Budget of the Board.— The operating budget of the Board shall be funded
from the Ten billion peso {P10,000,000,000.00) fund, with Ten million pesos (P10,000,000.00)
as its initial operating budget: Provided, That it shall not exceed Fifty million pesos
(P50,000,000.00) a year
SEC. 15. Proper Disposition of Funds. — The Board shall ensure that funds appropriated or those
which may become available as reparation for HRVVs are properly disbursed in accordance with
the policies stated by Congress and relevant government rules, regulations and accounting
procedures.
CHAPTER III
CLAIMANTS, REPARATION AND RECOGNITION
SEC. 16. Claimants. — Any person who is an HRVV may file a claim with the Board for
reparation and/or recognition in accordance with the provisions of this Act.
Sec. 17. Conclusive Presumption That One is an HRVV Under This Act. — The claimants in the
class suit and direct action plaintiffs in the Human Rights Litigation Against the Estate of
Ferdinand E. Marcos (MDL No. 840, CA No. 88-0390) in the US Federal District Court of
Honolulu, Hawaii wherein a favorable judgment has been rendered, shall be extended the
conclusive presumption that they are HRVVs: Provided, That the HRVVs recognized by the
Bantayog Ng Mga Bayani Foundation shall also be accorded the same conclusive
presumption: Provided, further, That nothing herein shall be construed to deprive the Board of
its original jurisdiction and its inherent power to determine the extent of the human rights
violations and the corresponding reparation and/or recognition that may be granted.
SEC. 18. Motu Proprio Recognition. — The Board may take judicial notice motu proprio of
individual persons who suffered human rights violations as defined herein and grant such
persons recognition as HRVVs and included in the Roll of Victims as provided for in Section 26
hereof.
SEC. 19. Determination of Award. — (a) The Board shall follow the point system in the
determination of the award. The range shall be one (1) to ten (10) points, as follows:
(1) Victims who died or who disappeared and are still missing shall be given ten (10) points;
(2) Victims who were tortured and/or raped or sexually abused shall he given six (6) to nine (9)
points:
(3) Victims who were detained shall be given three (3) to five (5) points; and
(4) Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6) under
this Act shall be given one (1) to two (2) points.
The Board shall exercise its powers with due discretion in the determination of points for each
victim, which shall be based on the type of violation committed against the HRVV, frequently
and duration of the violation. In each category, HRVVs who had suffered more would receive
more points. In instances where a victim is classified in more than one category, one shall be
awarded the points in the higher category: Provided, That in cases where there are several
eligible claims filed for reparation by or on behalf of a particular HRVV, the Board shall award
only one (1) valid claim which corresponds to the category obtaining the highest number of
points for each eligible claimant.
(b) The Board shall proceed to determine the award for each claimant classified under Sections
16, 17 and 18 of this Act.
(c) The Board shall then compute the final monetary value of one’s award that is equivalent to
the numerical value of one point multiplied by the number of points that a claimant is entitled
to, as previously determined by the Board.
(d) Within thirty (30) days after the Board has approved with finality each eligible claim pending
before it and after due publication of such legitimate claim, the award of monetary
compensation shall take effect: Provided., That any pending appeal filed by an aggrieved
claimant or opposite before the Board en banc must resolved by it sixty (60) days before the
Board becomes functus officio.
CHAPTER IV
GENERAL- PROVISIONS
SEC. 20. Transfer of Funds. — Pursuant to the judgment mentioned in Section 7 hereof, the
amount of Ten billion pesos (P10,000,000,000.00) plus the accrued interest are hereby set aside
and appropriated to fund the purposes of this Act.
SEC. 21. Documentation of Human — Rights Violations Committed by the Marcos Regime. — In
the implementation of this Act and without prejudice to any other documentary or other
evidence that may be required for the award of any reparation, any HRVV seeking reparation
shall execute a detailed sworn statement narrating the circumstances of the pertinent human
rights violation/s committed.
SEC. 22. Publication. — Consistent with Section 23 herein, the Board, after having been duly
convened, shall set the period for the commencement and termination of applications by
HRVVs and cause the publication of the same: Provided, That such period shall only become
operative fifteen (15) days after its last publication, which shall be once a week for three (3)
consecutive weeks in at least two (2) national newspapers of general circulation.
SEC. 23. Period for Filing of Claims; Waiver. — An HRVV shall file an application for reparation
with the Board within six (6) months from the effectivity of the implementing rules and
regulations (IRR) of this Act: Provided, That failure to file an application within said period is
deemed a waiver of the right to file the same: Provided, further, That for HRVVs who are
deceased, incapacitated, or missing due to enforced disappearance, their legal heir/s or
representatives, shall be entitled to file an application for reparation on their behalf.
Any opposition to the new application/s pursuant to Section 16 hereof shall only be entertained
if such is filed within fifteen (15) days from the date of the last publication of the official list of
eligible claimants as may be determined by the Board. The Board shall cause the publication of
the official list of eligible claimants once a week for three (3) consecutive weeks in at least two
(2) national newspapers of general circulation.
SEC. 24 Appeal. — Any aggrieved claimant or oppositor may file an appeal within ten (10)
calendar days from the receipt of the Resolution of the Division, to the Board en banc, whose
decision shall then become final and executory.
SEC 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who is found by the
Board, after due hearing, to have filed a fraudulent claim, shall be referred to the appropriate
office for prosecution. If convicted, he shall suffer the imprisonment of eight (8) to ten (10)
years, shall be disqualified from public office and employment and shall be deprived of the right
to vote and be voted for in any national or local election, even after the service of sentence
unless granted absolute pardon.
Any member of the Board and its Secretariat, public officer, employee of an agency or any
private individual mandated to implement this Act, who shall misuse, embezzle or
misappropriate the funds for the reparation of HRVVs or who shall commit fraud in the
processing of documents and claims of HRVVs, or shall conspire with any individual to commit
the same, shall also be prosecuted,
Any member of the Board and its Secretariat, public officer, employee of an agency or any
private individual mandated to implement this Act, who may have been found guilty of
committing any or all of the prohibited acts stated in the preceding paragraph, or those acts
punishable under the Revised Penal Code, shall be penalized under the pertinent provisions in
the Code and relevant special penal laws.
SEC. 26. Roll of Victims. — Persons who are HRVVs, regardless of whether they opt to seek
reparation or not, shall be given recognition by enshrining their names in a Roll of Human
Rights Victims to be prepared by the Board.
A Memorial/Museum/Library shall be established in honor and in memory of the victims of
human rights violations whose names shall be inscribed in the Roll. A compendium of their
sacrifices shall be prepared and may be readily viewed and accessed in the internet. The
Memorial/Museum/Library/Compendium shall have an appropriation of at least Five hundred
million pesos (P500,000,000.00) from the accrued interest of the Ten billion peso
(P10,000,000,000.00) fund.
The Roll may also be displayed in government agencies as maybe designated by the HRVV
Memorial Commission as created hereunder.
SEC. 27. Human, Rights Violations Victims’ Memorial Commission.. — There is hereby created a
Commission to be known as the Human Rights Violations Victims’ Memorial Commission,
hereinafter referred to as the Commission, primarily for the establishment, restoration,
preservation and conservation of the Memorial/Museum/Library/Compendium in honor of the
HRVVs during the Marcos regime.
 The powers and functions of the Commission shall be assumed by the Board of Trustees which
shall be composed of the following; Chairperson of the CHR as Chairperson; Chairperson of the
National Historical Commission as Co-Chairperson; and Chairpersons of the CHED, the National
Commission on Culture and the Arts (NCCA), the Secretary of the Department of Education and
the Head of the University of the Philippines Diliman Main Library, as members.
The Board of Trustees shall have the authority to hire and appoint its officials and employees,
receive donations and grants for and on its behalf, and generate revenues for the benefit of the
Commission.
The Commission shall be attached to the CHR solely for budgetary and administrative purposes.
The operating budget of the Commission shall be appropriated from the General
Appropriations Act.
The Commission shall also coordinate and collaborate with the DepED and the CHED to ensure
that the teaching of Martial Law atrocities, the lives and sacrifices of HRVVs in our history are
included in the basic, secondary and tertiary education curricula.
CHAPTER V
FINAL PROVISIONS
SEC 28. Guidelines for the Implementing Rules and Regulations (1RR). — In implementing this
Act and in formulating the corresponding rules and regulations, and to ensure that all
applications are properly screened for fraudulent claims, the Board must provide for:
(a) Transparency in the processing of the claims;
(b) A procedure that allows any concerned party to oppose an application or claim on the
ground that it is fraudulent, fictitious or spurious and gives that party the opportunity to
question the same and to present evidence in support thereof; and
(c) A procedure that is speedy and expeditious without sacrificing any of the parties’
fundamental rights.
Within fifteen (15) days from the date of its organization, the Board shall promulgate the
necessary IRR and procedures for the effective implementation of this Act. The IRR shall be
effective fifteen (15) days after its publication in two (2) national newspapers of general
circulation.
SEC. 29. Work Period; Sunset Clause. — The Board shall complete its work within two (2) years
from the effectivity of the IRR promulgated by it. After such period, it shall become functus
officio.
SEC. 30. Separability Clause. — If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid, such other sections or provisions not affected thereby shall remain
in full force and effect.
SEC. 31. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or parts
thereof inconsistent with any of the provisions of this Act, including Section 63(b) of Republic
Act No. 6657, as amended, otherwise known as the Comprehensive Agrarian Reform Law of
1988 and Section 40(a) of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, are hereby repealed, amended or modified accordingly.
SEC. 32. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.
Approved,
UAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE
t of the Senate Speaker of the
of Representatives
This Act which is a consolidation of House Bill No. 5990 and Senate Bill No. 3334 was finally
passed by the House of Representatives and the Senate on January 28, 2013.
MMA LIRIO-REYES (Sgd.) MARILYN B. BAR
y of the Senate Secretary
House of Representatives
Approved: FEB 25 2013
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
[[1]] This refers to Republic Act No. 10353 or “An Act defining and penalizing enforced or
involuntary disappearance” [[1]]
http://www.officialgazette.gov.ph/2013/02/25/republic-act-no-10368/
The Commission on Human Rights of the Philippines is an independent organization aimed at
promoting and ensuring the protection and respect of human rights in the Philippines. As such,
it has the competency to investigate alleged violations of human rights by referral or based on
its own discretion. This description will limit itself to describing the procedure in case of a
complaint being filed. The Commission does not possess adjudicative power, but it has the right
to make recommendations and resolve conflicts through mediation and conciliation.
The Commission’s functions as described in the Constitution of the Philippines, is to, among
other things:
 Investigate all forms of human rights violations;
 Conduct fact-finding missions, visits and/or inspections of the site where the incidents of
human rights violations occurred or continue to be violated or threatened;
 Provide appropriate legal measures for the protection of human rights of all persons within
the Philippines, as well as Filipinos residing abroad;
 Provide assistance to victims of human rights violations and their families;
 Establish a continuing program of research, education, and information to enhance respect
for the primacy of human rights
 Recommend to the Congress effective measures to promote human rights and to provide
for compensation to victims of violations of human rights, or their families.
The full list of functions is available in the Guidelines and Procedures in the Investigation and
Monitoring of Human Rights Violations and Abuses, and the Provision of CHR Assistance.
Who can access it?
Any concerned individual or group may file a complaint for human rights violations before the
Commission, particularly the victim, his / her relatives, non-government organizations or any
governmental or private entity. Anonymous complaints or complaints under a fictitious name
shall not be disregarded outright. If upon such initial evaluation or verification or on the basis of
the information or details provided in the anonymous complaint, it appears to be meritorious
or has some factual basis, the Commission shall proceed to investigate the matter.
How does it work?
Complaints can be lodged about any and all human rights violations. A full list of protected
human rights can be found in the Rights. Complaints are required to be made in writing and
may be in the form of a letter, affidavit, question and answer statement, pleading or similar
form. Upon the filing of a written complaint, the complainant shall be required to
accomplish CHR Form 9 – Complaint Sheet and execute a sworn statement, with the assistance
of a duty investigator or legal officer. In cases of abuse of children’s rights, the complainant
shall also accomplish pertinent sections of “CHR Form 10 – Complaints Form for Child Rights
Violations”.
Complaints can be submitted to the Commission, to the Barangay Human Rights Action Center,
through a Commissioner or any of the regional or sub-offices, nearest to the place where the
violation occurred or continues to exist.
After the complaint has been submitted, preliminary evaluation of the complaint is performed
to determine whether the matters fall within the jurisdiction of the Commission. This
evaluation may involve a field investigation or fact-finding mission.
At this stage, the Commission may opt to call upon the parties for a preliminary conference to
discuss immediate courses of action, protection remedies and/or possible submission of the
matter to an alternative dispute resolution whenever applicable.
If, following the preliminary evaluation, it is deemed that the case falls within the scope of the
Commission, an investigation follows. The CHR Regional Offices have the primary duty to
conduct such an investigation, with the Commission having the right to take over the
investigation. The investigation may involve conferences or dialogue with and responses to the
complaint from the parties involved. In the absence of such cooperation, the investigation can
also involve documents on record.
An investigation report will be compiled, including an investigation plan, an initial report,
progress reports, the legal basis for the investigation, profile of the victim and respondent, the
 allegations, a list of witnesses, summary of evidence, all relevant data, specific provisions
violated, investigation and observation and a recommendation for resolution.
The final evaluation of the case and preparation of the resolution shall be made within 15 days
from the submission of the final investigation report, together with all the evidence gathered in
the course of the investigation and/or dialogue. A final resolution is prepared by a legal officer,
subject to review and approval by the Regional Director. It consists of the facts of the case,
evidence, issues involved, a conclusion of whether there is a human rights violation and of what
provision as well as what the recommendations are.
The Office may provide alternative dispute resolution of cases through mediation and
conciliation. However, mediation and conciliation are not available in cases of serious
violations, such as child abuse, domestic violence, torture, or when the two parties do not
agree to submit their case to the process. In any other cases, the Commission may use these
measures as a first course of action before the initial investigation, or at any stage of the
investigation, upon the discretion of the investigating officer.
The Commission cannot review human rights violations and abuses that are pending in court
and are involving the same parties and the same issue.
All records of cases shall remain confidential until the resolution of the case shall have become
final.
Outcome
The Commission can issue recommendations (endorsement for the filing of an appropriate legal
or legislative action, or grant of financial assistance), reports, declarations and advises. These
are not legally binding for the companies. Press releases by the Commission can be used to
pressure the companies into complying with the recommendations. It can also resort to
mediation and conciliation.
If a case is solved through mediation or conciliation, a settlement or an agreement is put into
writing and signed by the parties, with the assistance of a mediator or conciliator.
The Assistance and Visitorial office can grant financial assistance to human rights violation
victims, community assistance, as well as rehabilitation assistance.
Monitoring and Enforcement
The Commission continues to monitor the submitted cases after their completion.
Recommendations can be referred to a Court in order to enforce them, and legislative
proposals can be made. If a settlement is reached through conciliation or mediation, the parties
can still bring their complaint to court, in case the terms of the agreement are not complied
with or the conditions therein not kept.
Appeal
Any party to a human rights case, or concerned citizen, or an organization representing the
party can, within 15 days of the publication, file a motion for reconsideration against the final
resolution. If the motion is denied, the party can contact the Commission and appeal directly to
it, within the same time frame from the publication of the resolution. If a case is being resolved
by a regional office, the appeal needs to be filed in that office or directly to the Commission.
The appeal may be in the form
http://accessfacility.org/commission-human-rights-philippines

Category:Human rights in the Philippines

From Wikipedia, the free encyclopedia
The main article for this category is Human rights in the Philippines.
Subcategories
This category has the following 10 subcategories, out of 10 total.
A
 ► Filipino human rights activists (9 P)
 ► Amnesty International prisoners of conscience held by the Philippines (1 P)
C
 ► Censorship in the Philippines (2 P)
 ► Corruption in the Philippines (12 P)
H
 ► Human rights organizations based in the Philippines (7 P)
 ► Human trafficking in the Philippines (8 P)
P
 ► Philippine Drug War (1 C, 13 P)
 ► Political repression in the Philippines (2 C, 8 P)
R
 ► Religiously motivated violence in the Philippines (1 C, 4 P)
W
 ► Women's rights in the Philippines (3 C, 8 P)
Pages in category "Human rights in the Philippines"
The following 19 pages are in this category, out of 19 total. This list may not reflect recent
changes (learn more).

 Human rights in the Philippines

0–9
 Morong 43
A
 Dina Ali
 Amparo and habeas data in the Philippines
 Anti-Trafficking in Persons Act of 2003
C
 Disappearance of Sherlyn Cadapan and Karen Empeño
 Campaign for Human Rights in the Philippines
 Capital punishment in the Philippines
 Child labor in the Philippines
 Children in jail in the Philippines
 Commission on Human Rights (Philippines)
D
 Davao Death Squad
E
 Ethnic issues in the Philippines
F
 Free Legal Assistance Group
 Freedom of religion in the Philippines
K
 Karapatan
L
 LGBT rights in the Philippines
P
 Philippine Drug War
 Philippines-Canada Task Force on Human Rights
https://en.wikipedia.org/wiki/Category:Human_rights_in_the_Philippines
HUMAN RIGHTS. How do the human rights work in the Philippines? Graphic by Nico Villarete
MANILA, Philippines – The concept may be problematic in the Philippines but human rights are
a vital component of most modern democracies.
Human rights allow a person to live with dignity and in peace, away from the abuses that can be
inflicted by abusive institutions or individuals. But the fact remains that there are rampant
human rights violations around the world.
To further promote the importance of human rights in the Philippines, December 4 to 10 of
each year is marked as National Human Rights Consciousness Week via Republic Act No. 9201.

December 10 is also considered as the United Nations Human Rights Day. It commemorates the
day the UN General Assembly adopted the Universal Declaration of Human Rights in 1948.
But do we really know our human rights? Rappler answers some key questions:
1. What are human rights?
Human rights, according to the Stanford Encyclopedia of Philosophy, refers to norms that aim
to protect people from political, legal, and social abuses.
The United Nations (UN) defines human rights as universal and inalienable, interdependent and
indivisible, and equal and non-discriminatory.
 Universal and inalienable:
Human rights belong to all and cannot be taken away unless specific situations call for it.
However, the deprivation of a person's right is subject to due process.
 Interdependent and indivisible:
Whatever happens to even one right – fulfillment or violation – can directly affect the
others.
 Equal and non-discriminatory:
Human rights protect all people regardless of race, nationality, gender, religion, and
political leaning, among others. They should be respected without prejudice.
Human rights can also be classified under individual, collective, civil, political, economic and
social, and cultural.
2. What laws or legal documents ensure the human rights of Filipino citizens?
The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. Also called
the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s rights and privileges
that the Constitution has to protect, no matter what.
Aside from various local laws, human rights in the Philippines are also guided by the UN's
International Bill of Human Rights – a consolidation of 3 legal documents including
the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural
Rights (ICESCR).
As one of the signatories of these legal documents, the Philippines is obliged to recognize and
apply appropriate laws to ensure each right’s fulfillment.
This is not always the case, however, as the Philippine Constitution lacks explicit laws to further
cement specific human rights in the local context.
For example, the Right to Adequate Food may be included in the UNDR but it is not explicitly
indicated in the Philippine Constitution. Thus the government cannot be held responsible if this
is not attained. (READ: Zero Hunger: Holding gov’t accountable)
3. Who oversees the fulfillment and protection of human rights in the Philippines?
Human rights are both rights and obligations, according to the UN. The state – or the
government – is obliged to “respect, protect, and fulfill” these rights.
Respect begets commitment from state that no law should be made to interfere or curtail the
fulfillment of the stated human rights. Protecting means that human rights violations should be
prevented and if they exist, immediate action should be made.

NO TO LUMAD KILLINGS. CHR condemns the violations of the rights of Lumads.

In the Philippines, the Commission on Human Rights (CHR) primarily handles the investigations
of human rights violations. However, it has no power to resolve issues as stated in the Supreme
Court decision in 1991.
Established in 1986 during the administration of President Corazon Aquino, CHR is an
independent body which ensures the protection of human rights guaranteed by the Bill of
Rights.
Aside from investigations, it also provides assistance and legal measures for the protection of
human rights guided by Section 18 Article XIII of the Philippine Constitution.
4. Do criminals or those who break the law still enjoy human rights?
Criminals or those in conflict with the law are still protected by rights as indicated in many legal
documents such as the Philippines’ Criminal Code and UN’s Standard Minimum Rules for the
Treatment of Prisoners.
Specific human rights, however, may be removed, provided they go through due process
beforehand.
In 2002, the CHR issued an advisory after the debate sparked by Davao City Mayor Rodrigo
Duterte's statement during a crime summit in Manila. He said extra-judicial or summary killings
remain "the most effective way to crush kidnapping and illicit drugs."
However, according to the CHR, summary or extra-judicial executions of criminals or suspects
are prohibited under the Philippine Constitution as these violate several sections such as Article
III Section 1, which states that “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."

'WHEEL OF TORTURE.' A wheel used allegedly by Binan police to torture inmates. Photo
courtesy: CHR/AFP
It added that summary executions as a violation of human rights are more explicit in Article II of
Section 11, which provides that “the State values the dignity of every human person and
guarantees full respect for human rights."
Meanwhile, Section 19 of the Bill of Rights clearly states that any punishment against a prisoner
or detainee shall be dealt with by law and through due process. It also says that no “cruel,
degrading or inhuman punishment” may be inflicted – even death.
5. How does the Philippines fare when it comes to human rights violations?
In a Rappler piece, Human Rights Watch (HRW)’s Asian Division researcher Carlos H. Conde
wrote that President Benigno Aquino III had more “rhetoric than concrete action” despite his
“explicit human rights commitments” in 2010.
Human rights violations – extrajudicial killings, torture, enforced disappearances, and human
trafficking, among others – may have decreased in the past years but cases still exist and
remain unsolved, according to Human Rights Watch.
In its 2015 World Report, the international group lauded the efforts to resolve these violations.
These include the arrest of retired army general Jovito Palparan in relation to the
disappearance and torture of two University of the Philippines students in 2006, and the peace
agreement between the government and the Moro Islamic Liberation Front, among others.
The recent issue over the killings and displacement of Lumads, however, has put the
government’s way of handling human rights issues under the spotlight. (READ: A rare time a
human rights issue captivates PH social media)
Meanwhile, nearly 75,000 people filed for recognition as victims of human rights violations
during the administration of President Ferdinand Marcos in 2014. Martial Law is regarded as
the “dark years from 1972-1986 due to a huge record of abduction and torture, among others,
under the dictatorship of Ferdinand Marcos." (READ: A Marcos brand of amnesia) –
Rappler.com
https://www.rappler.com/newsbreak/iq/114698-human-rights-philippines
Commission on Human Rights (Philippines)

Commission on Human Rights

Seal
Agency overview
Formed May 5, 1987
Jurisdiction Philippines
Headquarters Commonwealth Avenue, Quezon
City, Philippines
Agency  Jose Luis Gascon[1], Chairman
executive
Website www.chr.gov.ph
Philippines

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  e
The Commission on Human Rights (CHR) is an independent constitutional office created under
the 1987 Constitution of the Philippines, with the primary function of investigating all forms
of human rights violations involving civil and political rights in the Philippines.
The Commission is composed of a Chairperson and four members. Commissioners hold a term
of office of seven years without reappointment. The Philippine Constitution requires that a
majority of the Commission’s members must be lawyers. As a National Human Rights
Institution, the Commission enjoys Status A accreditation by the International Coordinating
Committee of National Institutions for the Promotion and Protection of Human Rights.
History
After the ratification of the 1987 Philippine Constitution on 2 February 1987, which provides for
the establishment of a Commission on Human Rights, President Corazon Aquino, signed
Executive Order No. 163 on May 5, 1987, creating the Commission on Human Rights and
abolished the Presidential Committee on Human Rights. The Commission was created as an
independent office mandated to investigate complaints of human rights violations, promote the
protection of, respect for and the enhancements of the people's human rights including civil
and political rights.
Duterte administration
On 24 July 2017 during his State of the Nation Address (SONA), Philippine president Rodrigo
Duterte threatened to abolish the commission. The CHR responded in a statement that only a
change to the 1987 Constitution could possibly abolish it.
On the evening of 12 September 2017, the House of Representatives of the Philippines voted
119-32 to give the CHR a budget of only ₱1,000 for the entire year of 2018, which, if made law,
would effectively abolish the commission. The commission had reportedly asked Congress for a
budget of ₱623,380,000, and it condemned the vote. As of 13 September 2017, the budget had
not been finalized and was still subject to further amendment before approval by the Senate of
the Philippines and by the President. If the Senate rejects the proposed CHR budget, such
action will trigger a bicameral committee made of members of both houses to resolve the
dispute.
Mandates and functions
The Commission derives its mandates from the Constitution, relevant domestic laws, and the
eight core International Human Rights Instruments to which the Philippines is a State Party, as
well as other United Nations Human Rights Conventions newly enforced.
Under Section 18, Article XIII of the Philippine Constitution, the Commission's sole duty is to
protect the civil and political rights of citizens in the Philippines.
Based on the Philippine Constitution, the Commission has a broad mandate, which can be
categorized into three major functional areas:
 Human Rights Protection - Investigation and case management of complaints of violations,
including all the powers and services in aid of investigation, of civil and political rights as
well as economic, social, and cultural rights. Such powers and services include: citing for
contempt for violations of its rules of procedure; legal aid and counseling; visitorial powers
over jails and detention facilities; application of forensic techniques in aid of investigation;
witness protection; and, financial assistance to victims
 Human Rights Promotion, which includes the wide range of strategies for policy, advocacy,
promotion, social mobilization, education, training, public information, communication,
research, networking and linkages
 Human Rights Policy Advisory derived from monitoring government’s compliance with the
treaty obligations that the Philippines has acceded to: International Covenant on Civil and
Political Rights (ICCPR), International Covenant on Economic, Social and Cultural
Rights (ICESCR), Convention Against Torture and Other Degrading Treatment or Punishment
(CAT), Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW), Convention Against Racial Discrimination (CERD), Convention on the
Rights of the Child (CRC), Convention on the Protection of Migrant Workers and their
 Families (CMW); Convention on the Rights of Persons with Disabilities (CRPD). This also
includes the entire aspect of monitoring and evaluating the performance of the Executive,
Legislative, and Judiciary to translate international human rights standards into national
policies, laws, and practice.
The Supreme Court of the Philippines, in Cariño v. Commission on Human Rights, 204 SCRA 483
(1991), declared that the Commission did not possess the power of adjudication, and
emphasized that its functions were primarily investigatory.
The Commission on Human Rights have the following powers and 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
Chairperson
The chairperson and commissioners of the commission have fixed seven-year terms, with
Gascon serving as the commission's chairperson until May 5, 2022. As stated under the Article
XI, Section 2 of the 1987 Philippine Constitution, “The President, the Vice-President, the
Members of the Supreme Court, the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. All other public officers and employees may be removed from office as
provided by law, but not by impeachment.”
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.
Chairpersons of the Commission on Human Rights
Commission Name Took office Left office
Mary Concepcion Bautista 1987 1992
1st

Sedfrey A. Ordoñez 1992 1995

2nd
Aurora P. Navarette-Reciña 1996 2002
3rd
Purificacion Quisumbing 2002 May 2008
Leila de Lima May 2008 June 30, 2010
4th
Etta Rosales September 1, 2010 May 5, 2015
5th Chito Gascon June 18, 2015 Incumbent
Controversies
Tenure of Chairperson and Commissioners
In a Press briefing on July 27, 2017, Presidential Spokesperson Ernesto Abella claimed that the
CHR Chairperson and its commissioners "serve at the pleasure of the president" and that they
may be replaced at the President's pleasure. This claim was based on the Executive Order No.
163-A that amended the Section 2, Sub-Paragraph (c of Executive Order No.163, stating that
"The Chairman and Members of the Commission on Human Rights shall beappointed by the
President. Their tenure in office shall be at the pleasure of the President."
However, the said executive order was questioned in the Supreme Court in the case: Bautista v.
Salonga, G.R. No. 86439 on April 13, 1989; leading to the declaration of the said executive order
as unconstitutional. Taking a quote from the said Supreme Court ruling, "Indeed, the Court finds
it extremely difficult to conceptualize how an office conceived and created by the Constitution to
be independent as the Commission on Human Rights-and vested with the delicate and vital
functions of investigating violations of human rights, pinpointing responsibility and
recommending sanctions as well as remedial measures therefor, can truly function with
independence and effectiveness, when the tenure in office of its Chairman and Members is
made dependent on the pleasure of the President. Executive Order No. 163-A, being antithetical
to the constitutional mandate of independence for the Commission on Human Rights has to be
declared unconstitutional."
CHR as a Constitutional Commission
Under the Article IX of the 1987 Constitution, three constitutional commissions were
established namely: the Commission on Elections (COMELEC), the Civil Service Commission
(CSC), and the Commission on Audit (COA). The Commission on Human Rights (CHR), on the
other hand, was created under the Article XIII, Section 17 of the 1987 constitution and the
Administrative Code of 1987.
In a Resolution of the Supreme Court contained in G.R. No. 155336, it ruled that the CHR is a
.."constitutional body enjoying limited fiscal autonomy..."[22
https://en.wikipedia.org/wiki/Commission_on_Human_Rights_(Philippines)

Human Rights - Philippines as State Party in United Nations

CLASSIFICATION OF RIGHTS
Example are arrange by the Human Rights Advocacy Promotions
Rights can be classified according to following:
1. Individual Rights - are those rights being accorded to individuals.
A. Right to Life - Natural Rights
B. Rights Guaranteed by the Constitution - Bill of Rights - Legal Rights
1. The Right of a person to be secure in his/her person, house, papers, and effects against
unreasonable searches and seizures.
a. Right of a Person not to allow his person, house, office, papers, and effects
to be searched, without a search warrant issued by a judged. The search warrant must be particularly
described the places to be searched and the person or things to be seized.
2. Rights of person Under Investigations; - see below
3. Rights of an Accused - see below
4. Rights of a Person under Arrest; and
5. Rights of Person Under Detentions - see below
HUMAN RIGHTS DURING CUSTODIAL INVESTIGATION AND
TACTICAL INTERROGATION
RIGHT OF THE ACCUSED
Rights of a Person prior to investigation

Miranda Doctrine

- The right to be warned prior to any questioning that he has the right to remain silent, that
anything that he says can be used against him in a court of law, that he has the right to
presence of any attorney, and that if he cannot afford attorney, one will be appointment for
him prior to any questioning if he so desires…..

2. Rights of a Person under Investigation

Article III – Bill of Rights ( 1987 Constitution )

1. Right to remain silent

2. Right to counsel
3. Right against torture
4. Right against secret detention

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

Sec. 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
presence of counsel.

(2) No torture force, violence, threat, intimidation, or any other means which 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 his or Section 17 hereof shall be
inadmissible in evidence against him.

Sec. 13 All persons, except those charged with offense punishable by reclusion perpetua when
evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be
released on recognized as may be provided by law. The right to bail shall not be impaired even
the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

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

(2) In all criminal prosecution, 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 witness face to face, and to have compulsory of evidence in his behalf. However, after
the arraignment of the trial my proceed notwithstanding the absence of the accused provided
that he been duly and his failure to appeal is unjustifiable.

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

Sec. 16 All person shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
 Sec. 17 No person shall be compelled to be a witness against himself.

Sec. 18 (1) No person shall detained solely by reason of his political belief and aspirations.
Sec. 19 (1) excessive fine 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

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

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

3. Rights of Accused at the Trial

Sec. 1 Rules of Court annotated, 1991 first edition, by Paras
In all criminal prosecutions, the accused shall be entitled;
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt;
(b) To be informed of the nature and cause of the accusations against him;
(c) To be presented defend in person and by counsel at every stage or the proceedings, from the
arraignment to the promulgation of the judgment. The Accused may, however, wave his
presence at the trial pursuant to the stipulation set forth in his bail bond, unless his presence is
specially ordered by the court for the purpose of identification. The absence of the accused
without any justifiable cause at the trial on a particular date of which he had notice shall be
considered waiver of his right to be present during trial. When an accused under custody had
been notified of the date of the trial and escape, he shall be deemed to have waived his right to
be present on said date and on all subsequent trial dates until custody is regained. Upon
motion, the accused may be allowed to defend himself in person when it sufficiently appears to
the court that can properly protect his right without assistance of counsel.
(d) To testify as a witness in his own behalf but subject to cross examination on matters covered
direct examination. His silence in any manner shall not prejudiced him.
(e) To Confront and cross-examined the witness against him at the trail. Either party may
utilized as part of its evidence the testimony of a witness who is deceased, out of or can not with
due diligence be found in the Philippines, unavailable or otherwise unable to testify, given in
another case or proceeding, judicial or administrative, involving the same parties and subject
matter, the adverse party having had the opportunity to cross examine him;
(g) To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf;
(h) To have a speedy, process issued to secure the attendance of witnesses and production of
other evidence in his behalf;

2. Collective Rights - (also called " people rights" or "solidarity rights" are those rights of the
society that can be enjoyed only in company with others.
1. Right to Peaceably Assemble
2. Right to peace
3. Right to development
4. Right to self determination
5. Right to environment.

3. Civil Rights - are those which the law will enforce at the instance of private individuals for
the purpose of securing to them the enjoyment of their means of happiness. They include the
rights against involuntary servitude and imprisonment for non-payment of debt or poll tax; the
constitutional rights of the accused; the social and economic rights; liberty of the abode and
changing the same.
1. Right of all the people to self determination
2. Right to life
3. Right not be subject to torture or cruel, inhuman or degrading treatment or punishment.
4. Freedom form slavery
5. Right to liberty and security of Person
6. Freedom of Movement
7. Right to equality before the law
8. Rights of accused persons
9. Right against retroactive penal laws
10. Right to recognition as a person before the law
11. Right to privacy
12. Freedom of thought conscience and religion
13. Freedom of opinion and expression
14. Right to international peace and security
15. Right of Peaceful assembly
16. Freedom of association, family and marriage rights
17. Right of Children
18. Right of Citizen
19. Rights of minorities
20. Right to form an associations are likewise civil rights. however, they partake of the nature
of political rights when they are utilized as a means to participate in the government.

A. Under Civil Code in Sections 2 Human Relations

Art. 32. Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and
liberties of another person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against unreasonable
searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to
law;
(13) The right to take part in a peaceable assembly to petition the government for redress of
grievances;
(14) The right to be free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witness in
his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being forced to
confess guilt, or from being induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is
imposed or inflicted in accordance with a statute which has not been judicially declared
unconstitutional; and
(19) Freedom of access to the courts.

4. Political Rights - are those rights which enable us to participate in running the affairs of the
government either directly or indirectly.
1. Right to Vote
2. Rights to information on matters of public concern
3. Right to initiative and referendum.
4. Right to form an associations
5. Rights of accused persons
5. Economic and Social Rights - are those which the law confers upon the people to enable
them to achieve social and economic development, thereby ensuring them their well being,
happiness and financial security.
1. Right of all peoples to self determination
2. Right to Work
3. Right to enjoy and favorable conditions of work
4. Right of Trade Unions
5. Right to social security
6. Marriage and family rights
7. Right to adequate standard living
8. Right to Health
9. Right to Education
10. Right to property
11. Education
12. Promotion of social justice.

6. Cultural Rights - are those that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national culture based on the principle of
unity and diversity in a climate of free artistic and intellectual expression.
1. Right to Culture, Arts and Science

https://sites.google.com/site/humanrightspromotions/human-rights-philippines

CLASSIFICATION OF HUMAN RIGHTS

Human rights can be classified in a number of different ways. Some rights may fall into more
than one of the available categories. One of the most widely used classifications distinguishes
two general categories: classic or civil and political rights, and social rights that also include
economic and cultural rights. Classic rights generally restrict the powers of the government in
respect of actions affecting the individual and his or her autonomy (civil rights) and confer an
opportunity upon people to contribute to the determination of laws and participate in
government (political rights). Social rights require the governments to act in a positive,
interventionist manner so as to create the necessary conditions for human life and
development. The governments are expected to take active steps toward promoting the well-
being of all its members out of social solidarity. It is believed that everyone, as a member of
society, has the right to social security and is entitled to realization of the economic, social and
cultural rights (ESCR) indispensable for his or her dignity and the free development of his or her
personality.
All human rights carry corresponding obligations that must be translated into concrete duties to
guarantee these rights. For many years, traditional human rights discourse was dominated by
the misperception that civil and political rights require only negative duties while economic,
social and cultural rights require positive duties. In this view, the right to free speech is
guaranteed when the state leaves people alone, whereas the state must take positive action to
guarantee the right to health by building health clinics and providing immunization.
This positive versus negative dichotomy has been discredited recently in favor of the
understanding that all human rights have both positive and negative components. It is a matter
of common sense that civil and political rights, including free speech, require the positive outlay
of state resources in terms of providing a functioning judicial system and educating people
about their rights. Conversely, all ESCR have negative aspects; some states prevent people from
freely exercising ESCR, for example by blocking food or medical supplies to disfavored groups or
regions.
Most scholars and activists now agree that duties for all human rights -- civil and political as
well as ESCR -- can be divided into several discrete categories based on the type of duties.
Although there is some variation in these typologies, they converge along the following basic
categories: the duties to respect, protect, and fulfill.
The duty to respect is the negative obligation. It requires responsible parties to refrain from
acting in a way that deprives people of the guaranteed right. Regarding the right to health, for
example, a government may not deprive certain communities of access to health care
facilities. The duty to protect is the obligation concerning third parties. It requires
responsible parties to ensure that third parties do not deprive people of the guaranteed right.
Forexample, a government must pass and enforce laws prohibiting private companies
from releasing hazardous chemicals that impair public health. The duty to fulfill is the positive
obligation. It requires responsible parties to establish political, economic, and social systems
that provide access to the guaranteed right for all members of society. For example, a
government must provide essential health services such as accessible primary care and clean
water.

http://www.lincoln.edu/criminaljustice/hr/Classification.htm

Human Rights: Definitions, Characteristics, Classification, Indivisibility & Categorization.

Human Rights?
Human rights are freedoms established by custom or international agreement that impose
standards of conduct on all nations. Human rights are distinct from civil liberties, which are
freedoms established by the law of a particular state and applied by that state in its own
jurisdiction.
Human rights are commonly understood as "inalienable fundamental rights to which a person is
inherently entitled simply because she or he is a human being." Human rights are thus
conceived asuniversal (applicable everywhere) and egalitarian (the same for everyone). These
rights may exist asnatural rights or as legal rights, in both national and international law.
Human rights include the right to personal liberty and Due Process of Law; to freedom of
thought, expression, religion, organization, and movement; to freedom from discrimination on
the basis of race, religion, age, language, and sex; to basic education; to employment; and to
property. Human rights laws have been defined by international conventions, by treaties, and
by organizations, particularly the United Nations. These laws prohibit practices such as
torture, Slavery, summary execution without trial, and Arbitrary detention or exile.

What are the basic characteristics of human rights?

The following are the basic characteristics of human rights:
1. Inherent – Human Rights are inherent because they are not granted by any person
or authority. Human rights do not have to be bought, earned or inherited; they belong to
people simply because they are human. Human rights are inherent to each individual.
2. Fundamental - Human Rights are fundamental rights because without them, the life and
dignity ofman will be meaningless.
3. Inalienable - Human rights cannot be taken away; no one has the right to deprive another
person of them for any reason. People still have human rights even when the laws of their
countries do not recognize them, or when they violate them - for example, when slavery is
practiced, slaves still have rights even though these rights are being violated. Human rights are
inalienable. Human Rights are inalienable because:
a. They cannot be rightfully taken away from a free individual.
b. They cannot be given away or be forfeited.
 4. Imprescriptible - Human Rights do not prescribe and cannot be lost even if man fails to use or
assert them, even by a long passage of time.
5. Indivisible - To live in dignity, all human beings are entitled to freedom, security and decent
standards of living concurrently. Human rights are indivisible. Human Rights are not capable of
beingdivided. They cannot be denied even when other rights have already been enjoyed.
6. Universal - Human Rights are universal in application and they apply irrespective of one’s
origin, status, or condition or place where one lives. Human rights are enforceable without
national border. Human rights are the same for all human beings regardless of race, sex,
religion, political or other opinion, national or social origin. We are all born free, and equal in
dignity and rights— human rights are universal.
7. Interdependent - Human Rights are interdependent because the fulfillment or exercise of
one cannot be had without the realization of the other.

Classification
Human rights can be classified and organized in a number of different ways, at an international
level the most common categorisation of human rights has been to split them into civil and
political rights, and economic, social and cultural rights.
Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human
Rights (UDHR) and in the International Covenant on Civil and Political Rights (ICCPR).
Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal
Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and
Cultural Rights(ICESCR).

Indivisibility
The UDHR included both economic, social and cultural rights and civil and political rights
because it was based on the principle that the different rights could only successfully exist in
combination:
The ideal of free human beings enjoying civil and political freedom and freedom from fear and
want can only be achieved if conditions are created whereby everyone may enjoy his civil and
political rights, as well as his social, economic and cultural rights.
—International Covenant on Civil and Political Rights and the International Covenant on
Economic Social and Cultural Rights, 1966
This is held to be true because without civil and political rights the public cannot assert their
economic, social and cultural rights. Similarly, without livelihoods and a working society, the
public cannot assert or make use of civil or political rights (known as the full belly thesis).
The indivisibility and interdependence of all human rights has been confirmed by the
1993 Vienna Declaration and Programme of Action:
All human rights are universal, indivisible and interdependent and related. The international
community must treat human rights globally in a fair and equal manner, on the same footing,
and with the same emphasis.
—Vienna Declaration and Programme of Action, World Conference on Human Rights, 1993
This statement was again endorsed at the 2005 World Summit in New York (paragraph 121).
Although accepted by the signatories to the UDHR, most do not in practice give equal weight to
the different types of rights. Some Western cultures have often given priority to civil and
political rights, sometimes at the expense of economic and social rights such as the right to
work, to education,health and housing. Similarly the ex Soviet bloc countries and Asian
countries have tended to give priority to economic, social and cultural rights, but have often
failed to provide civil and political rights.
Categorization
Opponents of the indivisibility of human rights argue that economic, social and cultural rights
are fundamentally different from civil and political rights and require completely different
approaches. Economic, social and cultural rights are argued to be:
 positive, meaning that they require active provision of entitlements by the state (as opposed to
the state being required only to prevent the breach of rights)
 resource-intensive, meaning that they are expensive and difficult to provide
 progressive, meaning that they will take significant time to implement
 vague, meaning they cannot be quantitatively measured, and whether they are adequately
provided or not is difficult to judge
 ideologically divisive/political, meaning that there is no consensus on what should and
shouldn't be provided as a right
 socialist, as opposed to capitalist
 non-justiciable, meaning that their provision, or the breach of them, cannot be judged in a
court of law
 aspirations or goals, as opposed to real 'legal' rights
Similarly civil and political rights are categorized as:
 negative, meaning the state can protect them simply by taking no action
 cost-free
 immediate, meaning they can be immediately provided if the state decides to
 precise, meaning their provision is easy to judge and measure
 non-ideological/non-political
 capitalist
 justiciable
 real 'legal' rights
Olivia Ball and Paul Gready argue that for both civil and political rights and economic, social and
cultural rights, it is easy to find examples which do not fit into the above categorization. Among
several others, they highlight the fact that maintaining a judicial system, a fundamental
requirement of the civil right to due process before the law and other rights relating to judicial
process, is positive, resource-intensive, progressive and vague, while the social right to housing
is precise, justifiable and can be a real 'legal' right.
Three generations
Another categorization, offered by Karel Vasak, is that there are three generations of human
rights: First-generation civil and political rights (These are "liberty-orientated" and include the
rights to life, liberty and security of the individual; freedom from torture and slavery; political
participation; freedom of opinion, expression, thought, conscience and religion; freedom of
association and assembly.)
Second-generation economic, social and cultural rights (These are "security-orientated" rights,
for example the rights to work; education; a reasonable standard of living; food; shelter and
health care.)
Third-generation solidarity rights (These include the rights to live in an environment that is
clean and protected from destruction, and rights to cultural, political and economic
development, rights to self-determination, etc.)
Out of these generations, the third generation is the most debated and lacks both legal and
political recognition. This categorization is at odds with the indivisibility of rights, as it implicitly
states that some rights can exist without others. Prioritisation of rights for pragmatic reasons is
however a widely accepted necessity. Human rights expert Philip Alston argues:
If every possible human rights element is deemed to be essential or necessary, then nothing
will be treated as though it is truly important.
He and others, urge caution with prioritization of rights:
[T]he call for prioritizing is not to suggest that any obvious violations of rights can be ignored.
—Philip Alston
Priorities, where necessary, should adhere to core concepts (such as reasonable attempts at
progressive realization) and principles (such as non-discrimination, equality and participation.
—Olivia Ball, Paul Gready
http://wahabohidlegalaid.blogspot.com/2013/03/human-rights-definitions.html