CHAPTER 1

c.

Economic and Social rights conferred

Human Rights rights which are inherent in our nature,

by law which enables them to achieve

and without which, cannot live as human

social and economic development which

beings.

ensures their well-being, happiness and

Dignity of Man derived right of every person to free

financial security.
d. Cultural rights t ensure preservation of

development of his personality.

Characteristics of HR:
1. Inherent not granted by any person. (right to

national culture.
4. Struggle for Recognition:
a. First generation derives from 17 th to
18th century of English, American and

life and right to dignity as a human being)

2. Fundamental life without it would

be

French

meaningless. (freedom of thought and religion)

3. Inalienable cannot be rightfully taken away as

economic and cultural rights which

originated from the socialist tradition and

denied though availed.

6. Universal irrespective of their origin, status or

materialized without the realization of another.

Classification of Rights:
1. Source:
a. Natural God-given rights which are

c.

conceives HR in positive terms.

Third generation covers collective

rights.
5. Derogability
a. Absolute or non-derogable cannot be:
i. Suspended
ii. Taken away
iii. Restricted/limited
Even in:

acknowledged by everyone as morally

good. Unwritten but prevail as norms.
b. Constitutional rights conferred and

National emergency
Government invokes

national

security
b. Derogable or can-be-limited may be

protected by the Constitution which

c.

favors

government.
b. Second generation covers social,

time. (freedom of thought)

5. Indivisible incapable of division and cannot be

be

which

abstention rather than intervention of the

an individual.
4. Imprescribable cannot be lost thru passage of

condition or place where they live.

7. Interdependent
fulfillment
cannot

revolutions

cannot be taken away by the law

suspended,

limited

or

restricted

making body.
Statutory rights provided by the law

depending on the circumstances which

and promulgated by the law making

REQUISITES FOR RESTRCITIONS TO

body which can also be abolished by the

BE VALID:

call for the preservation of social life.

same.
2. Recipient:
a. Individual rights of individuals.
b. Collective rights of the society which

1. Provided by law which is made

cannot be enjoyed without the company

urgent preservation of public good is

of others.
3. Aspect of Life:
a. Civil rights enforced at the instance of

needed.
3. Does not exceed what is strictly

private individuals for the purpose of

securing

them

the

enjoyment

and

happiness.
b. Political rights to participate in running
the affairs of the government.

known to citizens
2. There is a state of emergency which

necessary to achieve the purpose.

Categories of HR:
1.
2.
3.
4.
5.
6.

Fundamental Freedom in Political Rights

Democratic Rights
Mobility Rights
Right to Life, Liberty and Security of the Person
Legal Rights
Rights of Equality

7.
8.
9.
10.
11.
12.
13.

Economic, Social and Cultural Rights

Workers Rights
Aboriginal Rights
Reproductive Rights
Protective Rights in Armed Conflicts
Right to Self-determination
Minority Group Rights

society.
7. Utilitarian Theory
- Promotion of greatest good for greatest
-

CHAPTER 2
Sources of HR:
1. Religious or Theological Approach
- Since rights come from Divine source, they
are inalienable and cannot be denied by
-

HR existed as means of social control.

HR existed to serve the social interest of the

mortal beings.
Theology is the basis of HR.
Dignity of human person is realized through

love of fellowmen.
2. Natural Law Theory
- Originated from the Stoic and elaborated by

number.
Requires the government to maximize the

total net sum of ctizens.

8. Theories of Justice
- Serves the ends of justice.
- Liberalities of individual can be achieved
-

only in a just society.

There is no justice in a community where

there are social and economic inequalities.

One of fairness are to be equally distributed

for the common good.

9. Theory based on Equality and Respect of
Human Dignity
- Recognition of individual rights in the

Greek philosophers.
Perceives that the conduct of men must

always conform to the law of nature.

Must be in accordance with nature which is

eternal.
Natural Law embodies those elementary

for general welfare.

10. Theory Based on Dignity of Man
- Value Oriented Approach HR means

principles of justice which there is right and

sharing of values of all identified policies

just.
Scholastic Natural Law right reason in

accordance with the law of God.

Whatever is disturbing to social harmony is

wrong and unjust.

Characteristic: leaves vague what is part of
the

law

of

nations

inalienable.
3. Historical Theory
- HR developed
-

and

is

therefore

evolutionary

the

common

process

without

any

and what the officials have promulgated.

HR is found only by enactment of a law with

sanctions attached.
5. Theory of Marxism
- Interest of the society over an individual
-

thus government intervention is necessary

upon which HR depend on.

Ultimate Goal World community where
there is democratic sharing and distribution
of values.

Human Rights as an International Concern

and standards of the HR were proclaimed.

through

arbitrary will of any authority.

4. Positivists Theory
- All rights and authority comes from the state
-

enjoyment of the basic freedoms.

Treatment of the government equally to all,

Universal Declaration of Human Rights basic norms

consciousness of men.
HR existed through a gradual, spontaneous
and

mans interest.
Individual freedom is recognized only after

the interest of society is served.

6. Sociological Approach

International Convention on Civil and Political Rights

amplified

the

HR

principles

in

Universal

Declaration.
International Covenant on Economic, Social and Cultural
Rights further broadened the scope of the
Universal Declaration.
Civil and Political Rights Bill of Rights
CHAPTER 3
Art. 13 UN Charter Directs GA to initiate studies and
recommendations for the purpose of assisting in
the realization of HR and fundamental freedom.

Art. 55 (c) UN Charter universal respect for an

HR Committee implement the Covenant on Civil and

observance of HR and fundamental freedoms.

Political rights.

Art. 56 UN Charter clear legal obligation of all

members to pledge themselves and take joint

Hindrance in the Implementation of HR Instruments:

-

and separate action in cooperation of the

to intervene in matters within the domestic

Organization for the advancement of Art. 55 (c).

jurisdiction of any state or shall require members

Art. 62(2) UN Charter Economic and Social Council

to submit such matters to settlement under the

may make recommendations for the purpose of

present Charter; but this principle shall not

promoting respect for observance for HR and

fundamental

freedom

for

all.

Art. 2, par. 7 of the UN Charter:

Nothing contained therein shall authorize the UN

prejudice

Prevent

the

application

of

enforcement

measures under Chapter VII.

discrimination and to protect the rights of

minorities.
Art. 76 UN Charter Trusteeship System to encourage
and for fundamental freedom for all without
distinction as to race, sex, language or religion
and

to

encourage

recognition

of

interdependence of the people of the world.

UN Commission on HR:
-

Established by the Economic and Social Council

Deals with all aspects of HR issues involving the
participation of all sectors of the international

committee.
Takes tasks and investigations assigned by the

CHAPTER 4
Sources of HR laws:
1. International Conventions
2. International Custom
3. General
Principles
recognized

empowered to undertake studies and to make

recommendations

to

protect

rights

minority

prevent
and

discrimination,
fundamental

freedoms.

the

Community of Nations
4. Judicial Decisions and the teachings of the most
highly qualified publicists.
Treaty legally binding written agreement concluded
between the States.
Protocol supplement or subsequent agreement relative

GA and Economic and Social Council.

Sub-commissions of independent experts elected and

by

to the existing treaty.

NOTE:
Consent of the State must be EXPRESS thru:
1. Ratification
2. Approval
3. Acceptance
Doctrine of Pacta Sunt Servanda - State is bound to

NOTE:
-

Declaration serves as norms to serve standards

of achievement of whole nations.

UDHR did not direct its members to enforce

them.
No sanctions or enforcement.

International Bill of Rights composed of:

1. Universal Declaration of HR
2. International Covenant on Civil and Political
Rights
3. International Covenant on Economic, Social and
Cultural Rights
Committee on Economic, Social and Cultural Rights
established by Economic and Social Council to
review State parties in implementing ECOSOC.

faithfully comply with the treaty after ratification.

Q: When Liability of the State Arise?
A: Only where there is BF on the part of the State, in HR
treaties, there can be liability even in absence of
BF.
Core International HR Treaties:
1. ICCPR
2. ICESCR
3. Convention Against Torture and Other Cruel,
Inhuman

and

Degrading

Treatment

or

Punishment (CATOCIDTP)
4. International Convention on the Elimination of All
Forms of Racial Discrimination (ICEAFRD)
5. Convention on Rights of the Child (CRC)

6. Convention on Elimination of All Forms of

Actio Popularis prosecution of jus cogens crime may

Discrimination Against Women (CEAFDAW)

7. International Convention on the Protection of

be initiated by another for the benefit of another

Rights of All Migrant Workers and Members of

their Families (ICPRAMWMF)
8. International Convention for Protection of All
Persons

for

Enforced

Disappearances

(ICPAPED)
9. International Convention on the Protection and
Promotion of the Rights and Dignity of Persons
with Disabilities (ICPPRDP)
Requisites to be a Customary Law:

through this complaint. Rule of procedure in

bringing a suit on anothers behalf.
International and regional tribunals:
1. International Courts of Justice Only member
states may file complaints. Composed of 15
judges for terms of 9 years elected by GA and
SC.
Exercises jurisdiction in two cases:
a. Contentious cases
b. Advisory proceedings

1. The objective element amounts to settled

Barcelona Traction Case Doctrines:

practice of the State

2. The subjective element consist a belief that this

a. State can bring the case for the benefit of a

practice is rendered obligatory by the existence

of a rule of law requiring it.

expanding

Jus Cogens principle of non-use of force, thus if UN

Charter and treaty are not applicable, ICJ may

obligations.
2. International

1. Peremptory norm of general international law

2. Accepted and recognized by the international
community
3. No derogation
4. Can be modified only by a subsequent norm of
general international law having the same
character.
Obligatio Erga Omnes obligations that are owed by
States to all, regardless of the presence or
absence of their assent to be bound thereby.

erga

Courts

omnes

(ICC)

a. Crimes against humanity (terrorism)

b. War crimes
c. Genocide
d. Crimes of aggression
3. Ad hoc tribunals
4. Regional Courts:
a. European Courts of HR
- Individuals may bring a suit
directly.
b. Inter-American Court of HR
- Individuals are granted
standi

If the State violates a treaty with another State

agreement

regarding

trade,

state

that

THE CONTRACTING STATES.

HR laws are involved, all states hall have a legal
in

their

protection,

for

they

are

obligations owed by the State to community of

States.

in

judicio,

locus

however,

Declaration of Acceptance by the

party

Convention

infringement is a PRIVATE MATTER BETWEEN

interest

Criminal

of

and

Cases may be tried:

and the treaty only pertains, for instance, to their

meaning

recognizing

court.

ELEMENTS:

bilateral

the

dictum

independent permanent international criminal

still rule on the case.

corporation.
b. Made an obiter

c.

to
is

American

necessary

to

exercise jurisdiction.
African Court of H and Peoples R
- Non-victims may bring the suit in

behalf of victims.
5. Hybrid or internationalized courts courts mixed
of domestic and international, both in the judges

Universal Jurisdiction State may prosecute a crime

and staff as well as the laws applied, but they

elsewhere when the crime involved is a jus

either are integrated in the domestic judicial

cogens.

system or appended to it.

1. Secure

Chapter 1 Purpose:
international

peace

and

security

harm

(self-

torture (excluded as evidence)

b. Doctrine of Poisonous Tree evidence

(Diplomacy)
4. Center for harmonization in actions of nations
Chapter 2 Members

obtained illegally is not admissible to courts.

Right Against Torture

Chapter 3 Organs:

Torture any act by which severe pain or

GA
SC
Trusteeship
ICJ
Secretariat
FCOSOF

suffering,

physical

or

mental,

is

intentionally inflicted on a person.

Acts Constituting Cruel, Inhuman degrading
acts
NOTE:

Chapter 6 How UN settles disputes?

Non-derogable state cannot take such right even at

Seek solution by:

a.
b.
c.
d.
e.

physical

and punish trafficking in persons specially w&c

EXCLUSIONARY RULE:
a. When the confession is obtained legally thru

(Peace)
2. Develop friendly relations (HR)
3. International cooperation in solving problems

1.
2.
3.
4.
5.
6.

any

preservation)
2. Does not include right to die.
3. Trafficking modern day slavery (exploitation)
4. Palerno Protocol protocol to prevent, suppress

UN CHARTER
1. Maintain

from

state of war or emergency

Negotiation
Inquiry
Mediation
Arbitration
Others

Right to Effective Judicial Remedy

1. Must be just, accessible, free from corruption
and influence and speedy but with quality.
2. 3 Most Dangerous Enemies of Fairness
a. Corruption
b. Ignorance
c. Arrogance

Chapter 9-10 Economic Social Function

Chapter 12 Trusteeship
Chapter 14 ICJ

Access to Justice
1. Availability of legal assistance to the poor (pro

CHAPTER 5

bono)
2. PAO and Department of Justice Action Center
3. Availability of information on where and how to

UDHR:
1. Resolves
2. Not a law passed by UN
3. Not legally binding but

is

practiced

and

recognized by countries.
Jus Cogens State cannot validly enter a treaty to the
controversy. It cannot be changed or disobeyed.
Equality and Equity
1. Every human is entitled regardless of his sex,
race, and religion.
2. ELEMENTS OF EQUAL PROTECTION LAW:
a. Based on Substantial distinction
b. Germane to the purpose of the law
c. Not limited to existing conditions
d. Apply equally to each members of the
sense class.
3. Rights should be subject to valid rights.
Right to Life

get legal assistance

Judicial Writs
1. Writ of Habeas Corpus judge to another
detaining a person, commanding to produce the
body of the prisoner at designated time and
place.
2. Writ of Amparo extralegal killings and enforced
disappearances. Remedy whose rights to life,
liberty and security is violated or threatened with
violation by an unlawful act or omission.
3. Writ of Habeas Data rights to privacy in life,
liberty or security is violated or threatened.
Right to be Presumed Innocent
Rights:

1. Informed
2. Prepare defense and to communicate with
3.
4.
5.
6.
7.

Right to Nationality

counsel of his own choosing

Tried without delay
Tried in his presence and defend himself
Examine and obtain witness
Free assistance of an interpreter
Not be compelled to be a witness against

Right to Marry and Found a Family

himself

Right to Property

Right Against Ex Post Facto Law and Bill of Attainder

Freedom of Thought, Conscience and Religion

1. No crime, no punishment without previous penal

law)
Treatment of the Law:
a. Holds the person liable for an act or
omission that was not punished at the
time of commission.
b. Impose a penalty heavier than the one
that was applicable at the time of
commission.
Right to Privacy
1. Evidence obtained in violation of this shall
render the evidence inadmissible
Freedom of Movement
1. Exceptions:
a. Freedoms curtailed or restricted upon
lawful order of the court
b. In interest of national security, public
safety or health.

Freedom to Practice or Manifest Religious Beliefs

Freedom of Expression
Freedom of Assembly and Association
Right to take Part in the Government
Right to Social Security
Coverage of the SSM:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Health care
Sickness
Old age
Unemployment
Employment injury
Family and child support
Maternity
Disability
Orphans and survivors

Right to Rest and Leisure

Right to Adequate Standard of Living
Right to Education
Right to Enjoy Economic, Social and Cultural Life

Right to Seek Asylum

1. Non-refoulement

1. Acquisition and Change of Nationality

a. Jus Sanguinis (by blood)
b. Jus Soli (by place of birth)
c. Naturalization

Right to Self-determination

political

offenders

refugees
2. Extradition criminal offenses
3. Deportation immigration offenses

and

Right to Health