!

RAVAGO REVIEWER ON HUMAN RIGHTS

CHAPTER 5: SOLIDARITY/COLLECTIVE RIGHTS!
(Third Generation of Rights)!
Poverty embrace the spectrum of conditions where
freedoms are diminished and denied.!
PEACE, DEVELOPMENT, ENVIRONMENT!
Right to Development was proclaimed at!
RIGHT TO PEACE!
UN Declaration on the Right to Devt 1986!
It is universally recognised that!
Recognised in the ff:!
peoples of the earth have a sacred right to peace!
African Charter on Human Rights and Peoples
preservation of which and !
Rights!
promotion of its implementation!
Arab Charter on Human Rights!
constitute a fundamental obligation of each State.!
(Declaration on the Right to Peoples Peace 1984)!
Reaffirmed in:!
1. 1992 Rio Declaration on Environment and Human
Conflicts international and non-international have resulted
Development !
in millions of casualties!
2. 1993 Vienna Declaration and Programme of Action!
3. Millenium Declaration!
Have caused untold sufferings to people of the world!
4. 2002 Monterey Consensus!
Although number of conflicts has declined since WWII,!
5. 2005 World Summit Outcome Document!
it is estimated:!
6. 2007 Declaration on the Rights of Indigenous
That conflicts of a non-international character, internal
Peoples!
conflicts and tyrannical regime victimisation during
the course of the 20th century!
RIGHT TO ENVIRONMENT!
Have resulted in more that 170 million deaths
seen today as an important right!
(Bassouni)!
Due to:!
International instruments related to peace:!
global warming!
1. UN Declaration on Principles of International Law
climate change!
Concerning Friendly Relations and Cooperation
damaging effects of environmental pollution on
Among States!
human beings!
2. UN General Assembly Resolution 33/73 Declaration
degradation of the worlds environment that include
on the Preparation of Societies for Life in Peace 1978!
land water and air.!
3. Declaration on the Right of Peopls to Peace of 1984!
4. UNGA Resolution 57/216 Promotion of the Right of
But the global recognition !
Peoples to Peace 2002!
That human rights and environmental protection are
5. UNGA Resolution 45/14 Implementation of the Right
connected!
of Peoples to Peace 1990!
That man has a fundamental right to an environment!
That permits a life of dignity and well-being!
RIGHT TO DEVELOPMENT!
Became explicit only in 1972 at the Stockholm
Development is a comprehensive economic, social,
Conference.!
cultural and political process !
Which aims at the constant improvement of the well-being
This conference is an important starting point in
of the entire population and of all individuals !
developing environmental law at the global and national
Through their meaningful preparation!
levels!
(Declaration on the Right to Devt 1986)!
Principle 1 of the Stockholm Declaration linked
Amartya Sen:!
environmental protection and human rights !
It is a process of expanding the freedom that people
By stating that!
enjoy!
Man has the fundamental right to freedom, equality
and requires the removal of major sources of unfreedom!
and adequate conditions of life!
Like poverty!
In an environment of a quality that permits a life of
Tyranny!
dignity and well-being!
Poor economic opportunities!
And he bears a solemn responsibility to protect and
Systematic social deprivation!
improve the environment for present & future
Neglect of public facilities!
generations.!
Intolerance or overactivity of repressive states!

!
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!

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Source: Professor Sarmientos Book

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RAVAGO REVIEWER ON HUMAN RIGHTS

Right is directly mentioned in the ff:!
3. Declaration on the Protection of Women and Children
International Covenant on Economic, Social and
in Emergency and Armed Conflict!
Cultural Rights Article 12 (2)!
States that,!
CHILDREN!
The steps to be taken by States Parties to the
worlds future, but still denied of their rights!
present Covenant to achieve the full realisation of this
right shall include those necessary for (b) The
exploited!
improvement of all aspects of environmental and
abused!
industrial hygienie!
maltreated!
deprived of education!
Some treaties that contain environmental obligations
sold!
of States:!
subjected to cruel methods of punishment!
1. 1972 World Heritage Convention!
discriminated against!
2. 1985 Vienna Convention!
3. 1987 Montreal Protocol on Substances that Deplete
street children!
the Ozone Layer!
child workers!
4. 1989 Basel Convention on the Control of
child brides!
Transboundary Movements of Hazardous Wastes
child combatants!
and Their Disposal!
child abductees!
5. 1992 Convention on Biological Diversity!
child offenders living lives without parole!
child refugee!
WOMEN, CHILDREN, PERSONS W/ DISABILITIES,
children without education!
INDIGENOUS PEOPLE!
Children as human beings have rights and because of
Among the worlds vulnerable, disadvantaged and
their vulnerability are in need of special care, attention
marginalised groups of people or sectors!
and protection!
They have rights but these are violated!
The full range of rights that children should enjoy is found
WOMEN!
in the Convention on the Rights of the Child!
Comprise one-half of humanity!
First legally binding instrument on childrens rights!
Face persistent and widespread denial of their basic
rights!
This convention enumerates 3 basic rights children
Restrict their choices!
should have!
Increase their vulnerability to violence and,!
1. right to survival!
Make it difficult for them to obtain justice!
2. right to develop the fullest!
3. to protection from harmful influences, abuse &
Examples of this denial include:!
exploitation!
over half a million women who die each year from
4. to participate fully in family, cultural and social life!
pregnancy and childbirth-related causes!
rates of HIV infection among women rapidly
To prevent the growing abuse and exploitation of children
increasing partly because of their economic and
worldwide, the UN General Assembly in 2000 adopted 2
social vulnerability!
Optional Protocols to the Convention!
gender-based violence kills and disables as many
1. Option Protocol on the involvement of children in
women between ages 15-44 as cancer!
armed recruitment and !
women are twice as likely as men to be illiterate!
1. Requires States to do everything they can to
women still earn less than men even for similar kinds
prevent children under 18 from taking part in
of work!
hostilities!
many countries that have ratified the Convention on
2. Optional Protocol on the sale of children, child
the Elimination of All Forms of Discrimination Against
prostitution, and child pornography !
Women CEDAW still have discriminatory laws
1. that draws special attention tot the
governing marriage, land, property and inheritance!
criminalisation of serious violations of huan
rights and emphasised the need for public
Core instruments:!
awareness and international cooperation to
1. Declaration on the Elimination of Discrimination
combat them.!
against Women!
2. Convention on the Political Rights of Women!

!
!

!
!

!
!

!!

Source: Professor Sarmientos Book

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PERSONS WITH DISABILITIES!

RAVAGO REVIEWER ON HUMAN RIGHTS

8. Convention on the Rights of PWD 2007!

Those who have long-term physical, mental, intellectual

or sensory impairments, which in interaction with various
arrears may hinder them full and effective participation in
society on an equal basis with others. !
(Article 1 of UN Convention on the Rights of Persons
with Disabilities 2008)!

Those suffering from restriction or different abilities, as a

result of mental, physical or sensory impairment, to
perform an activity in the manner or within the range
considered normal for a human being!
(RA 7277 Magna Carta for Disabled Persons 1992)!

!
!

UN estimates that there are 50 millions PWDs today!

Due to:!
war and destruction!
unhealthy living conditions!
absence of knowledge about disability, its cause
prevention and treatment!

!
!
!

Number increases every year.!

WHO estimates that 15% of world has a disability and the
prevalence is higher in post-conflict countries!
PWDs suffer !
from discrimination!
and often do not enjoy the same opportunities like
other people because of lack of access to essential
services!

These vulnerable groups include:!

1. women!
2. children!
3. elders!
4. victims of torture!
5. refugees!
6. displaced persons!
7. immigrant workers!

Related instruments:!
1. Declaration on the Rights of Mentally Retarded
Persons 1971!
2. Declaration on the Rights of Disabled Persons 1975!
3. Declaration on the Rights of Deaf-Blind Persons 1979!
4. Convention No. 59 concerning Vocational
Rehabilitation and Employment (Disabled Persons
1983)!
5. Principles for the Protection of Persons with Mental
Illnesses and the Improvement of Health Care 1991!
6. Standard Rule on Equalisation of Opportunities for
PWD 1993!
7. Beijing Declaration on the Rights of PWD 2000!

!
!

INDIGENOUS PEOPLES!
Those that have historically belonged to a particular
region or country before its colonisation or transformation
into a nation, state ,!
and may have different & unique cultural, linguistic,
traditional, and other characteristics to those of the
dominant culture of that region or state!
(UN Permanent Forum on Indigenous Issues)!

!!
!

In the PH, indigenous peoples are estimated to comprise

10% of the population of about 100 million!
Generally live in geographically isolated areas with poor
access to basic social services & limited opportunities for
mainstream economic activities!

!
!

They lack education and have inadequate political

representation!
But minerals, forests and rivers can be found where they
are, and make them vulnerable to development
aggression.!

That indigenous peoples have suffered from

historical injustices as a result of their colonisation
and dispossession of their lands, territories and
resources!
Preventing them from exercising their right to
development!
Based on their need and interests!
It also acknowledges the urgent need to respect and
promote the inherent rights of IP !
which are derived from!
political, economic and social structure, !
from their cultures, spiritual traditions, histories and
philosophies.!
(UN Declaration on the Rights of IP 2007)!

!!

Such UN Declaration is the most comprehensive

instrument detailing the rights of IP in international law
and policy!
containing minimum standards for the recognition,
protection and promotion of these rights!

These rights include!

1. right to self-determination!
2. right to lands, territories and resources!
3. right to health!
4. education!
5. employment!
6. housing!
Source: Professor Sarmientos Book

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RAVAGO REVIEWER ON HUMAN RIGHTS

7. sanitation!
Their actions are called CRIMES!
8. social security & adequate standard of living!
9. right not to be subjected to assimilation or destruction
Today, they are also considered HUMAN RIGHTS
of their culture!
VIOLATIONS!
10. right to practice and revitalize their cultural traditions
and customs!
In the Comprehensive Agreement on Respect for Human
Rights and Respect for International Humanitarian Law!
Signed by the Gov Peace Panel & the CPP/NPA/NDF
READINGS!
Peace Panel on 3/16/98!
They are called HUMAN RIGHTS ABUSES!
Declaration on the Rights of Peoples to Peace 1984!
Declaration on the Right to Development 1986!
REMEDIES!
Convention on Biological Diversity 1992!
Convention on the Elimination of All Forms of
Rights and remedies are inseparable!
Discrimination Against Women 1979!
Magna Carta of Women 2009!
Domestic remedies!
Convention on the Rights of the Child 1990!
Non-domestic or international remedies!
Convention on the Rights of Persons with Disabilities
2008!
Found in Constitutions!
Declaration on the Rights of IP 2007!
Statutes!
International Instruments!

!!
!

!!

CHAPTER 6: REMEDIES AND PROCEDURES FOR

RESPONDING TO HUMAN RIGHTS VIOLATIONS AND
HUMAN RIGHTS ABUSES!

!
!

HUMAN RIGHTS VIOLATIONS!

Acts committed by or at the instigation of or with the
consent of a public official or other person acting in an
official capacity contrary to human rights law, causing
bodily or mental pain or suffering or death.!

!
!!

Occur when State actors abuse or deny basic human

rights!

RA 10368 The Human Rights Reparation and

Recognition Act 2013!
any act or omission committed during the period from
9/21/72 to 2/25/86 by persons !
acting in an official capacity and/or!
agents of the State!
and includes:!
1. any illegal search!
2. arrest and/or detention!
3. any affliction of physical injury!
4. any enforced or involuntary disappearance!
5. force or intimidation causing the involuntary exile of a
person from the Philippines!
6. any act or force, intimidation or deceit causing unjust
or illegal takeover of a business etc!

Traditionally when non-State actors (rebels, insurgents,

non-governmental entities) commit these transgressions
or violations of human rights!

!
!
!
!
!
!
!
!

DOMESTIC REMEDIES!
Civil!
Criminal!
Administrative!

Art 32 of Civ Code:!

HR Victim can file a civil action for damages!
Preponderance of evidence!
Moral damages, exemplary damages, costs of suit and
attorneys fees, may be awarded as indemnity!

Civ liability under Art 32 is SEPARATE & INDEPENDENT

from civ liability that springs from criminal liability under
Art 100 of RPC!

Civil sanctions AS AN OFFSHOOT of a civil remedy

availed by a HR victim is affirmed by:!
1. Sec 12(4) Art III (Bill of Rights) of 1987 Const.!
2. Sec 21 of SCs AM No. 07-9-12-SC (The Rule on the
Writ of Amparo)!
3. Sec 20 of SCs AM No. 08-1-16-SC (The Rule on the
Writ of Habeas Data)!
4. Sec 1 Rule 10 of SCs AM No. 09-6-8 (Rules of
Procedure for Environmental Cases)!

Penal sanctions are affirmed by:!

1. Bill of Rights!
2. Writ of Amparo!
3. Writ of Habeas Data!
4. Rule of Procedure for Environmental Cases!

HR Victim may OPT TO FILE A COMPLAINT with the

Commission of Human Rights!
Source: Professor Sarmientos Book

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RAVAGO REVIEWER ON HUMAN RIGHTS

solely fact-finding investigation!
Since HR violations are crimes under RPC, an HR victim
can file a CRIMINAL COMPLAINT!
After investigation, prosecution by DOJ!
direct to the Office of the Prosecutor (City or
Then, courts will resolve!
Provincial)!

!
!
!

*CHR then DOJ then Courts!

The complaint can be filed FOR SPECIFIC CRIMES
relating to categories of HR violations such as:!
crimes violating right of people to be secure in their
persons, houses, papers and effects against
unreasonable searches and seizures!
124: crime of arbitrary detention!
269: unlawful arrest!
125: delay in delivery of detained persons!
128: violation of domicile!
129: act of maliciously obtain search warrants and
abuse in the serivce of warrants!
130: searching for a domicile without witnesses!

Crimes violating right to freedom of assembly!

131: prohibition, interruption and dissolution of
peaceful meetings!
153: tumults and other disturbances of public order!

Crimes violating right to freedom of religion!

132: interruption of religious worship!
133: offending the religious feelings!

Crimes violating right to freedom from involuntary

servitude!
272: slavery!
273: retaining a minor in his service against the
formers will!
274: compelling another to work for him against his
will as a household servant or farm labourer!

Crimes violating the right to life!

246: parricide!
249: homicide!
255: infanticide!
256: intentional abortion!
257: unintentional abortion!
262: mutilation!
263: serious physical injuries!
265: less serious physical injuries!

Crimes violating the prohibition on torture!

235: maltreatment of prisoners!
262-266 offender is not vested with custody of the
prisoner but commits only physical injuries!

Crimes violating the rights to liberty of abode!

127: expulsion!
268: grave coercion!

!
!

ADMINISTRATIVE REMEDIES!
Affirmed in:!
1. Bill of Rights!
2. The Revised Administrative Code 1987!
1. Heads of bureaus or office have authority to
discipline his employees in line with Sec. 30 &
36 of Chap 6, Book IV!
3. Rule on Writ of Amparo!
4. Rule on Writ of Habeas Data!

!!
!
!

INTERNATIONAL REMEDIES!
Treaties !
Non-treaty Procedures!
Treaties!
1. reporting requirement!
1. to ensure State compliance w/ treaty
obligations!
2. investigation of communications!
1. to determine breaches of treaty obligations!
3. investigation, prosecution and trial of human right
violators!
1. under the Rome Statute of the ICC!

!!

Non-treaty Procedures!
1. Public 1235 Procedure!
2. 1503 Procedure established by Resolution 1235!
3. Resolution 1503 of the Economic and Social Council
(ECOSOC) in 1976 & 1970!

!
!

THE REPORTING REQUIREMENT!

State parties are required by the treaties to
PERIODICALLY SUBMIT REPORTS to the Sec-Gen of
the UN or to the monitoring body created by the treaty!
Give a comprehensive account of the measures
adopted by the state parties to apply the provisions of
the UN Conventions!
Contain an elaboration on the progress that the state
parties have achieves to fulfil their obligations!
Factors and difficulties that may retard their progress!

This requirement is found in treaties like:!

1. International Covenant on Economic, Social and
Cultural Rights!
2. International Covenant on Civil and Political Rights!

Source: Professor Sarmientos Book

Page 5 of 11

RAVAGO REVIEWER ON HUMAN RIGHTS

3. Convention on the Elimination of All Forms of Racial
As of 2003, 92 nations of ratified and 139 States have
Discrimination!
signed the treaty!
4. Convention Against Torture!
5. Convention on the Elimination of All Forms of
Unlike domestic or national courts, ICC exercises
Discrimination Against Women!
international jurisdiction over criminals!
6. Convention on the Rights of a Child!
addresses the problem of preventing HR violators!
and criminals who may have escaped from national
INVESTIGATION OF COMMUNICATIONS/
jurisdiction on crimes such as genocide, crimes
COMPLAINTS!
against humanity, war crimes and aggression!

!
!
!
!

!
!

Under the quasi-judicial practice of the Human Rights

Committee!
Most effective human rights complaints system at the
universal level!

3 WAYS TO INITIATE AND INVESTIGATION BY THE

ICC!

As of January 1999, 95 of the 144 State parties to the

International Covenant on Civil and Political Rights,
including most of the former Communist States of Europe
were parties to the First Optional Protocol and submit
themselves to the jurisdiction of the Human Rights
Committee.!

1. State Party may refer a situation to the Prosecutor!

1. where it appears that one or more crimes
within the jurisdiction of the Court was
committed!
2. Security Council may refer a situation to the
Prosecutor!
3. Prosecutor may initiate motu proprio, or on her own!
1. on the basis of info received from any reliable
source!

Only individuals, not groups or NGOs or other legal

entities, may submit a communication!
Under Article 1 & 2 of the Optional Protocol!

Prosecutor then applies for a warrant of arrest with the

Courts Pre Trial Chamber!
If approved, warrant shall issue!

!
!
!

Committees decisions on the merits of the case are

structured like court judgments!

!
!

THE PUBLIC 1235 PROCEDURE!

Most serious shortcoming of this procedure!

That they lack legally binding effects and sanctions
against non-cooperative governments!

1. authorizes the Commission on Human Rights!

1. consists of 53 members elected by the
Economic & Social Council ECOSOC!
2. authorizes the Sub-Commission on Prevention of
Discrimination and Protection of Minorities!
1. composed of 26 HR experts nominated by
their governments and elected by the CHR!

THE INTERNATIONAL CRIMINAL COURT!

Purpose: to debate, during their annual sessions, the

question of the violation of HR and fundamental freedoms!

Individual members may add their dissenting or

concurring opinions!

!!
!!

The Rome Statute establishing the ICC is considered one

of the most ambitious international legal initiatives in
the history of modern law!

!
!

The ICC is the important new institution for human rights

in the new century!
Unlike the ICJ which deals with States, ICC deals with
and has the power to investigate, prosecute and
convict individuals!

Rome Statute!
adopted on 7/17/98!
10 states deposits their instruments of ratification 4/11/02!
entry of force on 7/1/02!

!
!
!

Both commissions may examine relevant info on gross

violations of HR in their public sessions!
Info on HR violations may be furnished!
1. by the States (member or non-member of the
Commission)!
2. by members of the Sub-Commission!
3. by NGOs with consultative status with the UN!

!
!

NGOs attending the annual sessions may actively

participate in the debates!
Sub-Com is authorised to adopt resolutions on the
situation of HR violations in specific countries BUT may
not take further action!

Source: Professor Sarmientos Book

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RAVAGO REVIEWER ON HUMAN RIGHTS

Only the Commission is mandated to take action it deems
formed on the issues of involuntary disappearances,
necessary, on violations in any part of the world!
torture, extra-judicial executions, arbitrary detention,
freedom of expression, xenophobia, racism, violence
against women.!
THE CONFIDENTIAL 1503 PROCEDURE!
examine relevant info from all reliable sources!
visit specific countries with the consent of govt
Resolution 1503 was adopted by the ECOSOC!
concerned!
provides for a confidential complaints procedure!
submit annual reports to the Commission!
to deal with communications indicating a consistent
these reports survey the info received by the
pattern of gross and reliably attested violations!
special thematic rapporteurs!
the replies by govt!
Individuals, groups and organisations may submit
the actions taken by the special rapporteur,
complaints to the Sec-Gen!
and !
for confidential examination by the Commission and
any general comments or recommendations!
the Sub-Commission!

!!
!
!
!

Admissibility criteria specifies that!

a complaint may not be anonymous!
and may not contain insulting or abusive language!

Commission declares by a simple majority on the

issues before it!
May decide:!
1. To keep matter under review!
2. To undertake further study!
3. To appoint a special rapporteur with a mandate to
submit a confidential report to the Commission!
4. To transfer the situation form the Confidential 1503
procedure to the Public 1235 procedure!

May also make recommendations to ECOSOC!

which deals with such recommendation in its public
meetings!

!!

READINGS:!
Republic vs Sandoval!
Aberca vs Ver!
Sec of National Defense vs Manalo!
Chitat Ng vs Canada!

!!
!!
!!
!!

CHAPTER 7: PREVENTIVE MECHANISMS IN THE

FIELD OF HUMAN RIGHTS!

!
!

!
!

!
!

ECOSOC cannot take any binding decisions!

BUT, a public condemnation by ECOSOC puts
pressure on the government concerned to take its HR
obligations under the UN Charter seriously!
SPECIAL COUNTRY RAPPORTEURS AND THEMATIC
RAPPORTEURS!
CHR, over the years, develop 2 types of instruments!
to supervise implementation of HR around the world!
pursuant to ECOSOC 1235!

1. Appointed specific country rapporteurs and

working groups!
1. mandated to report annually to the
Commission on the devt of HR situation in the
country !
2. puts pressure on the govt to improve its HR
record!
2. Appointed thematic rapporteurs or working groups,
since 1980s!

Promotion & protection of HR cannot be entirely reactive!

1. Monitoring!
2. Investigative Administrative & Judicial mechanisms!
to combat HR violations!
to put an end on the practice of impunity!
MUST BE COUPLED WITH AND SUPPORTED BY!
proactive and preventive arrangements and processes!
designed to develop a healthy awareness of and
respect for the indivisibility and interdependence
of HR!

In the UN today, the Office of the UN High Commissioner

for HR!
play this role of providing proactive & preventive response
to HR violations!

In parts of the globe, this role is performed by national

human rights institutions or commissions !
and by non-governmental and private sectors!

Source: Professor Sarmientos Book

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RAVAGO REVIEWER ON HUMAN RIGHTS

THE OFFICE OF THE UN HIGH COMMISSIONER FOR
Calls for national institutions:!
HUMAN RIGHTS!
1. to promote & ensure harmonisation of natl legislation,
regulation and practices WITH human rights
agency that works to promote and prevent the human
instruments to which a State is a party!
rights guaranteed under international law and stipulated
2. and their effective implementation!
in the Universal Declaration of HR.!
3. ratification of intl HR instruments!
established by the UN-GA on 12/20/93, after 1993 World
4. formulation of HR education programme!
Conference on Human Rights!
5. execution!

!
!

Under GA Resolution 48/141, which established the

mandate of the Office, the High Commissioner has the
ff responsibilities:!
1. Promote & Protect the effective enjoyment by all of all
civil, cultural, economic, political and social rights!
2. Carry out tasks assigned by the UN system in the
field of human rights and submit recommendations to
them!
3. Promote & Protect the realisation of right to devt!
4. Provide advisory services and technical and financial
services at the request of a State!
5. Coordinate relevant UN education and public info
programmes!
6. Play active role in removing obstacles and in meeting
the challenges to the full realisation of human rights!
7. Engage in dialogue with govt about the
implementation!
8. Enhance international cooperation!
9. Coordinate HR promotion and protection activities of
UN!
10. Naturalization, adaptation, strengthening and
streamlining of the UN machinery!
11. Overall supervision of the Office of High Comm!

!!
!
!

NATIONAL HUMAN RIGHTS INSTITUTIONS!

an org established by natl govts with the specific role of
protecting & promoting HR!
Paris Principles!
principles relating to the status and functioning of natl
institutions!
adopted by the UN GA in 1993!
provide intl minimum standards for an effective
national human rights institution!

These standards are:!

independence!
broad HR mandate!
adequate funding!
inclusive & transparent selection and appointment
process!

!!
!!

It is in the area of HR education that natl institutions

like the CHR of the Philippines!
an independent constitutional office under the 1987
Constitution!
can play its proactive and preventive role!

Protection of HR Act of 1993!

National HRC of India is tasked:!
to conduct research!
to promote awareness and education!
to encourage involvement of NGOs and other
institutions!

Uganda HRC Act of 1997!

to establish continuing progamme of research!
education!
information to enhance report for HR!
to formulate, implement and oversee programs
intended to inculcate in the citizens an awareness of
their civic responsibilities!

!
!
!

NON-GOVERNMENTAL ORGANIZATIONS!
have a long and glorious history of upholding HR all over
the world!
CJ Artemio Panganiban classifies NGOs as:!
belonging to civ society that has been in the forefront
of the fight for liberty!
considered a pillar of democracy!
the conscience of the govt!
the overseer of govt actions!

1987 Constitution defines NGOs as:!

peoples organisations w/c are bona fide associations of
citizens with demonstrated capacity to promote the public
interest!
and with identifiable leadership, membership and
structure!

Henry Steiner and Philip Alston:!

NGOs pervade and are a vital part of the HR regime!
Bring out the facts!
Contribute to standard-setting as well as to the
promotion, implementation and enforcement of HR
norms!
spread the message of HR!
Source: Professor Sarmientos Book

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RAVAGO REVIEWER ON HUMAN RIGHTS

mobilize people to realize that message!
Such a culture would make HR as much a part of the
proceed with speed, decisiveness and range of
lives of individuals as are language, customs, the arts,
concerns impossible to imagine in relation to
faith, and ties to place.!
bureaucratic work and politically constrained
In this culture, human right would not be seen as a job of
organisations!
someone else, BUT the obligation and duty of all.!
(International Human Rights in Context Book)!
THE JUDICIARY!
Rachel Brett!
HR education is:!
In the PH, it is a key player in the devt of HR culture.D!
Developing a HR culture by making people aware of their
Duty:!
rights!
To settle actual controversies that involve rights which
Of their responsibility not to violate the rights of others!
are legally demandable!
and of the possibilites to redress !
To determine whether a grave abuse of discretion has
including supporting individuals in bringing
been committed by any branch or instrumentality of
cases!
the Govt!
whether with the natl, regional or intl systems!
It can be a potent agent to overcome marginalization,
READINGS:!
impoverishment, discrimination and inequality!
Carino vs CHR!
EPZA vs CHR!
Power to promulgate rules concerning the protection
Civil Liberties Union of the PH vs Executive Secretary!
and enforcement of human rights!
Natl Association for the Advancement of Colored People
It can eliminate injustice of various stripes!
vs Alabama!
Economic, political or social injustice!
Kilosbayan Foundation and Bantay Katarungan
Can advance the horizontal and vertical frontiers of
Foundation vs Janolo!
HR!

!
!

!
!

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CHAPTER 8!
THE JUDICIARY, THE ACADEME, AND THE FAMILY
ON BUILDING A HUMAN RIGHTS CULTURE!

HUMAN RIGHTS CULTURE!

a shared communitarian belief in the inherent dignity!
and of equal and inalienable rights of all members of the
human family!

also a shared consensus that the dignity and worth of

every human person can be upheld and honoured!
IF the State and non-State actors undertake efforts
and initiatives!
to uphold and honor human rights!

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Jose Ayala Lasso, the 1st UN High Comm for HR

says:!
I am convinced that the development of a culture of HR
throughout the world is one of the most important
contributions that can be made to future generations.!
The foundation for this culture is enshrined in the
principles of the Universal Declaration.!
A culture of human rights would result in a profound
change in how individuals, communities and states view
relationships in all matters.!

Through its symbolic or teaching function!

It can educate and enlighten the members of the bar,
litigants, law students and the public!
About the majesty and efficiency of HR!
The International Commission on Jurists declared that:!
The rule of Law is a dynamic concept for the expansion
and fulfilment of which jurists are primarily responsible
and which should be employed not only to safeguard and
advance the civil and political rights of the individual in a
free society but also to establish social, economic,
educational and cultural conditions under which his
legitimate aspiration and dignity may be realised.!

In a workshop held at Kenya in 1985!

they discussed the theme The Role of the Judiciary in
Plural Societies!
consensually agreed that judicial activism can be an
important strategy to overcome all forms of oppression,
exploitation, impoverishment, unjustifiable in any model of
social devt in Africa and Asia!

Proclaimed that:!
Judicial activism, encouraged by social action litigation,
inspired by constitutional values, may be regarded as a
vital human technology for social change in impoverished
society!

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Source: Professor Sarmientos Book

Page 9 of 11

RAVAGO REVIEWER ON HUMAN RIGHTS

SCs trailblazing decisions on HR:!
Schools, centers and institutes:!
1. Stonehill vs Diokno!
can be a rich resource of HR creativity!
2. Oposa vs Factoran!
can undertake HR fuel trips!
3. Sec of Natl Defense vs Manalo!
HR boot caamps!
4. MMDA vs Concerned Residents of Manila Bay!
HR exchange programs!
5. Writ of Amparo!
HR dialogue between government, UN officials and
6. Writ of Habeas Corpus!
students!
7. Procedure for Environmental Cases!
HR debate/moot court competition!

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Valedictory address of CJ Roberto Concepcion:!

Upon the other hand, the SC now exercise the power of
administrative supervision over all courts and the
personnel thereof. !
As a consequence, the SC is now called upon to blaze
new trails, and the Philippine Bench, as well as the Bar
and the people in general, are looking forward to
administrative decisions and precedent setting decisions
tending to bolster up the independence of justice and
otherwise foster the peoples faith in our courts of justice
as instrumentalities of their welfare!

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THE ACADEME!
another key player in the bldg of HR culture!
1987 Constitution recognizes this in Art XIV (Education,
Science and Technology, Arts, Culture and Sports)!

Sec 3.!
All educational institutions shall include the study of the
Constitution as part of the curricula!

They shall inculcate patriotism and nationalism, foster

love of humanity, respect for HR, appreciation of the role
of heroes in the historical devt of the country, teach the
rights and duties of citizenship, strengthen ethical and
spiritual values, develop moral character and personal
discipline!

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1987 constitution = often referred to as HR constitution!

taught in schools!
Effective 2013-2014, HR law will be taught in all law
schools!
To bolster this!
1. Establishment of centres and institutes of HR and
social justice!
2. Foundation of student HR organisations!
3. Summer HR externship programs!
1. invaluable practical HR insights!
2. hands-on training!
3. assistance to host offices and organisations!

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This upsurge of interest in HR is a healthy sign of

devt of human rights culture and should be sustained by
vigorous support from school admin, teachers, students
and govt!

THE FAMILY!
1987 Constitution acknowledges the importance of family
by the inclusion of Art XV (The Family)!
Section 1!
about the states recognition of the Filipino
family as the foundation of the nation!
Section 2!
about marriage as an inviolable social
institution and the foundation of the family!
Section 3!
about the states obligation to honor and
defend right that pertain to spouses, children,
family or family associations and the elderly!

Values are caught not taught!

poses a moral challenge to spouses and their
children!
In school children learn by instruction!
At home they learn by transmission!

Proverbs 22:6:!
Train up a child in the way he should go and when he is
old, he will not depart from it!

First and hands-on lessons related to:!

1. right to education!
2. right to food!
3. right to culture!
4. right to health and nutrition!
5. right to water!
6. freedom of expression!
7. equality!
8. due process!
9. justice!
10. right to worship!
11. good governance!
12. accountability!
13. integrity and love!

As parents are, so children will they be

Source: Professor Sarmientos Book

Page 10 of 11

RAVAGO PRIMER ON HUMAN RIGHTS

George Benson:!
Great ideas and fine principles do not live from
generation to generation just because they are good nor
because they have been carefully legislated.!

Ideals and principles continue from generation to

generation only when they are built into the hearts of
children as they grow up.!

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READINGS:!
UN Basic principle on the Independence of the Judiciary
1985!
UN Sec-Gens Report on the Role of Law and
Transnational Justice in Conflict and Post-Conflict
Societies 2004!
UNESCOs Declaration and Integrated Framework of
action on Education for Peace, Human Rights and
Democracy 1999!
UN Declaration on Human Rights Education and Training
2011!
The Family, Article XV, 1987 Constitution!

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