human rights concepts,principles & framework
TRANSCRIPT
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Concepts ,Principlesand Framework of
Human RightsPresented by:
Nelia B. Almonte
Commission on Human RightsRegion V, Legazpi City
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What are Human Rights?
Human Rights are generally defined as
those rights which are inherent in our
nature and without which we cannot
live as human beings. (United Nations)
Human Rights are the supreme
inherent and inalienable rights to life,
to dignity and to self development. Itis the essence of this rights that makes
man human. (CHR)
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Basic Principles of
Human Rights
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First : None of us asked to be born. And regardless of
who our parents are and what they own, all of us are
born equally naked and helpless, yet with his own hand,
his own will and talents.
All of us have equal rights to life, and share the sameinherent human dignity. Thus we all have the right to life,to dignity and develop ourselves.
- This are traditionally knows as the rights of men.
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Second: Even if wemay not know whoour parents are, weare never born
without parents, andnever outsidesociety, a societywith its own peculiar
culture, history andresources.
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So, besides our rights asperson, we have rights associety, rights which wecan exercise collectively
as a people. Thus, wehave the right to survive,to self determination andto develop as a people.
- known as the rights ofthe people.
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Third : Once a society
reaches a certain degreeof complexity, as almost all
societies have, society can
act only throughgovernment. But a
government always as
agent of the society; itnever becomes the society
it self; it never becomes
the people themselves.
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As a society grows as a nation, it enters into relationships
with other governments or states. Society enters into
treaties and agrees to abide by the International Law.
Philippine Constitution states The Philippines.adopts a
generally accepted principles of international law, as part
of the law of the land and adheres to the policy of
peace..with all nations.
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Principles and characteristics of
Human rights : inherent, fundamental,
inalienable, imprescriptible, indivisible,universal and interdependent.
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Human rights are INHERENTbecause they are not granted byany person or authority. They donot need any event for their
existence. Some examples ofthese rights are the right to lifeand the right to dignity as humanbeing.
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Human rights areFUNDAMENTAL becausewithout them the life and dignity
of man will be meaningless.Some examples of human rightsas fundamental are the right to
individual liberty and security ofa person or freedom of thoughtor religion.
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Human rights areINALIENABLE because theycannot be rightfully taken away
from a free individual. Anexample is the freedom fromtorture. No authority can validly
and legally torture an individual.They cannot be given away orbe forfeited.
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Human rights are UNIVERSAL to allhuman beings irrespective of theirorigin, status or condition or placewhere they live. Human rights are
universal because said rights can beenforced without national border.
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Human rights are INDIVISIBLE
because they are not capable of
being divided. They cannot be
denied even when other rights
have already been enjoyed.
Examples of these are the
freedom of expression of belief oropinion. They include the right to
freedom of religion and worship.
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Human rights are
INTERDEPENDENT because thefulfillment or exercise of one rightcannot be attained without therealization of the other. The respect
of human rights necessarily includesthe realization of mans dignity. Anexample is the right to life andexistence as a person. These cannot
be realized without the right to workin order to maintain a good standardof living.
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Human rights areIMPRESCRIPTIBLE because
they cannot be lost even by a
long passage of time. Man doesnot lose his rights even if he fails
to use or assert them. Some
examples are freedom of
thought, conscience and religion.
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Human Rights Framework
Human Rights F ramework aredesignated to be legally, poli tically
and moral ly binding set of pr inciples
for governments.
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Human Rights Framework
International Framework
Treaties, Covenants,
Statutes, Protocols andConventions legally
binding
Declarations and
Principles
politicalstatements
Domestic Framework
1987 Phil. Constitution
Codes Rules /Jurisprudence
Special Laws
Issuances
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International HR Framework
A. UN Charter (June 26, 1945, USA)Significant HR provisions:
- All creatures belonging to the humanrace have equal and inalienable rights
- members pledge themselves to take jointand separate action in cooperation withother organization
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UN Charter...
- Members thereby commit to promote
universal respect for and observanceof human rights and fundamentalfreedoms for all without distinction asto race, sex, language, or religion
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a. Consequences of the HR provisions
in the UN Charter:
Human Rights are matters of international
concerns
Members agreed to cooperate in the
promotion of human rights
Created organizations designed to ensure
compliance
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b. Measures undertaken to ensure the
realization of objectives in the UNCharter:
Promulgated and adopted various internationalHR instruments, foremost of which are: the UDHRand the International Bill of HR;
Established institutions, agencies, committeeswith enforcement mechanisms;
Created specialized agencies with programs forthe protection and promotion of Human Rights
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International HR Framework
B. International Bill of Human Rights
Universal Declaration of HR (UDHR)
(Dec. 10, 1048) International Covenant on Civil and
Political Rights (ICCPR)
International Covenant on Economic,
Social and Cultural Rights (ICESCR)
The Protocols to the ICCPR
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Universal Declaration of Human Rights (UDHR)
First comprehensive Human Rights instrument tobe proclaimed by a universal international
organization
The purpose of the Declaration is to provide a
common understanding of human rights and
fundamental freedoms covered by the UN
Charter and to serve as the common standardof achievement for all peoples and all nations
(Preamble)
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Fundamental Principle of UDHR
All human beings are born free and equal in dignity
and rights. They are endowed with reason and
conscience and should act towards each other in
the spirit of brotherhood.
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InternationalCovenant on Civil and
Political Rights (ICCPR) Civil Rightsare those rights which the law will
enforce at the instance of private individual for
the purpose of securing to them the enjoyment of
their means of happiness.
Political Rightsare those rights which enable usto participate in running the affairs of the
government either directly or indirectly.
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InternationalCovenant on Civil and
Political Rights (ICCPR) Right to life
Freedom from torture, cruel, inhuman or
degrading treatment or punishment Freedom from slavery
Right to liberty and security of persons
Freedom of movement
Right to equality before the law Rights of the accused persons
Right against retroactive penal laws
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ICCPR Right to recognition as a person before the law
Right to privacy
Freedom of thought, conscience and religion
Freedom of opinion and expresssion
Right to international peace and security
Right to peaceful assembly
Freedom of association, family and marriage
Rights of citizens Rights of children
Rights of minorities
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Derogable and Non-Derogable Rightsunder the ICCPR
Derogable or Relative Rightsmay be suspendedor restricted or limited depending on the
circumstances which call for the preservation of
social life. Example: right to freely move may be
limited through the imposition of curfews.
EXAMPLE
- right to freely move maybe limited through the
imposition of curfews
- the right to freedom of expression, freedom ofassembly and freedom of association
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THREE (3) CONDITIONS BEFORE A RIGHT CAN BE
LIMITED/CURTAILED
1. It is only publicly announced or legislated, it is not by
official whim only/ or provided by law;
2. There is a state of emergency which requires theurgent preservation of the public moral, public safety and
public good;
3. There must be time limit. It must not exceed what is
strictly
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Classifications of HR
Non-Derogable or Absolute Rightsare those that cannot be suspended
nor taken away nor restricted/limitedeven in extreme emergency andeven if the government invokes
national security.
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There are only seven (7) non derogable rights orABSOLUTE RIGHTS under the International Covenant
on Civil and Political Rights:
1. Right to life
2. Freedom from tor ture or cruel , inhuman
or degrading treatment or pun ishm ent
3. Freedom from slavery and slave trade,servitude or forced or compulsory labor
4. Freedom from imprisonment on theground of inability to fulfill a contractualobligation
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Non-Derogable Rights:
5. Right against ex post factolaw
6. Right to recognition everywhere as a personbefore the law
7. Freedom of thought, conscience and
religion
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International Covenant on Economic,Social and Cultural Rights (ICESCR)Economic and Social Rightsare 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.Cultural Rightsare 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 in diversity in a climate of free artisticand intellectual expression.
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International Convention on
Economic, Social and Cultural Rights Right to work
Right to enjoy just and favorable condition ofwork
Right to trade unions Right to social security
Marriage and family rights
Right to adequate standard of living
Right to health
Right to education
Right to culture, arts and science
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Optional Protocol to the ICCPR
Aside from the inter-state complaints, individualcomplaints may now be filed with the UNHuman Rights Committee against any memberof the UN which signed and ratified , or
acceded to.
An ordinary citizen may now institute acomplaint of HRV by the Philippine government
before said Committee should prior exhaustionof internal remedies failed.
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Second Optional Protocol to the
ICCPR State parties are of the belief that the abolition
of the death penalty contributes to theenhancement of human dignity and progressivedevelopment of human rights
That all measures of abolition should beconsidered as progress in the enjoyment of theright to life
Pursuant thereto, no person within thejurisdiction of a State party be executed
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C. Other CORE HR Instruments Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW )
Convention on the Rights of the Child (CRC)(1989)
Convention Against Torture and Other Cruel,Inhuman or Degrading Treatment
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Convention on the Elimination of All
Forms of Racial Discrimination (ICERD)
Convention the Protection of the Rights of
Persons with Disabilities (CRPD) (2009)
Convention on the Protection of the Rights
of Migrant Workers and their Families(MWC) (2004)
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D. Other UN Conventions and Key HR
Instruments Declaration on the Protection of All Persons
from Enforced Disappearance (DPPED)
Convention for the Protection of All Personsfrom Enforced Disappearance
Body of Principles for the Protection of All
Persons under Any Form of Detention orImprisonment
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Standard Minimum Rules for the Treatment ofPrisoners (SMR)
International Humanitarian Law
Code of Conduct for Law EnforcementOfficials (COCLEO)
Declaration on the Elimination of All Forms of
Intolerance and Discrimination Based onReligion or Belief (Religious Declaration)
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Discrimination (Employment and Occupation)Convention (No.111) Concerning
Discrimination in Respect of Employment and
Occupation (ILOIII)
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Intl HRInstruments
HUMAN RIGHTS TREATIES
ICERD
ICCPR
ICESCR
CEDAW
CAT
MWC
CRC
CRPD OTHER HR TREATIES
UNITED
NATIONS
STANDARDS
(Declarations)
When a State ratifies
a Convention, it has
the Obligation to:
1. RESPECT
2. PROTECT
3. FULFILL the rightsenshrined therein.
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DOMESTIC HR FRAMEWORK
1987 Philippine Constitution1. Bill of Rights Article III
2. Declaration of Principles and State Policies Article II
3. Social Justice and Human Rights Article XIII
The Revised Penal Code
The Revised Rules of Criminal Procedures
Family Code of the Philippines Child and Youth Welfare Code
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DOMESTIC HR FRAMEWORK
Labor Code
New Civil Code
Civil Service Law
Family Code of the Philippines
Special Laws and Issuances
RA 7438 (Custodial Investigation) RA 7279 (The Urban Development Housing
Act)
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The Comprehensive Agrarian Reform Law(RA 6657, RA 8532 and RA 7905)
Migrant Workers and Overseas Filipinos Act (RA 842)
(RA 6657, RA 8532 and RA 7905)
RA 8353 (Anti-Rape Act)
RA 7877 (Anti-Sexual Harassment Act)
RA 7610 (Special Protection of Children
Against Abuse, Exploitation and Discrimination Act)
RA 8371 (Indigenous Peoples Rights Act )
RA 9262 (Anti-Violence Against Women and their
Children Act)
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RA 9208 (Anti-Trafficking in Persons Act)
RA 9344 (Juvenile Justice Welfare Act) RA 7277 (Magna Carta for Disabled Person)
Anti-Torture Act
RA 9851
Writ of Amparo
Writ of Habeas Data
Other Special Laws and Issuances
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Common Human Rights ViolationsNature of HRV International Domestic
Right to Life ArbitraryDeprivation
of Life underUDHR,ICCPR, CRC
Murder,Homicide,
Parricide,PhysicalInjuries, etc.Under RPC,
RA 7610,9208,9262,8049,etc
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Common Human Rights Violations
Nature of HRV International Domestic
Right to
Liberty andSecurity
Arbitrary
Detention,Unlawful/Illegal Arrest,Traffickingunder UDHR,ICCPR, CRC,CEDAW, ILOConvetion
Arbitrary
Detention,Kidnapping,
Delay in the
Delivery..Expl
oitation of
Minors underRPC,RRC
RA 7610,
9208, 9262,
etc
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Common Human Rights Violations
Nature of HRV International Domestic
Right to
Freedomfrom Torture
Torture,
Maltreat-ment ofPrisonersunder UDHR,ICCPR,
CAT,CRC,SMRtp
Maltreatment
of Prisoners,
Physical
Injuries under
RRC , Anti-
Torture Act
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Common Human Rights Violations
Nature of HRV International Domestic
Right of theAccused
Violation of theRight to beinformed, Right
to remainsilent, Rightnot to becompelled totestify against
oneself or toconfess onesguilt underUDHR, ICCPR,CAT,CRC,
SMRTP
RA 7438,
Revised Rules
of Court, RA
9344, NCC
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Common Human Rights Violations
Nature of HRV International Domestic
Right to
protectionof honorandreputation
Attack uponones honor
and reputationunder UDHR,ICCPR, CEDAWand CRC
Libel,
Slander,
Abduction,
Seduction
under RPC,
RA 7877,
7610, 9262
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Common Human Rights ViolationsNature of HRV International Domestic
Right not tobe deprived
of propertyarbitrarily
ArbitraryDeprivation
of Propertyunder UDHR,ICCPR,
Theft,
Swindling,
Arson,Malicious
Mischief
under RPC,
PD 1612, PD
533, RA 6539,NCC
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No cause is more worthy
than the cause of humanrights. Human rights are more
than legal concepts, they are
the essence of man/woman.
They are what makesman/woman human. That is
why they are called human
rights: Deny them and your
denies mans or womanshumanity.
Sen. Jose W. Diokno
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END OF PRESENTATION
Thank You and Have a Nice Day!