History of Human Rights

Concise History of Human Rights

• Cyrus the Great, the first king of Persia, freed the slaves of Babylon in 539 B.C.
• In 539 B.C., Cyrus the Great conquered Babylon, freed the slaves, declared religious freedom and established racial equality
• These decrees were recorded on a baked-clay cylinder in Akkadian with cuneiform script
• Today, the Cyrus Cylinder is recognized as the world's first charter of human rights
• The Cylinder has been translated into the six official languages of the United Nations
• The Cyrus Cylinder's provisions parallel the first four articles of the Universal Declaration of Human Rights

The Spread of Human Rights

• Human rights ideas spread from Babylon to India, Greece, and Rome
• The concept of "natural law"—unwritten laws people tend to follow—arose
• Roman law was based on rational ideas derived from nature
• Documents such as the Magna Carta (1215), Petition of Right (1628), US Constitution (1787), French Declaration of Rights of Man and the Citizen (1789), and the US Bill of Rights (1791) are precursors to today's human rights documents

The Magna Carta

• Signed by the King of England in 1215, it was a turning point for human rights
• Is seen as the most significant early influence on constitutional law in the English-speaking world
• King John of England was forced to sign it after violating England's ancient laws and customs
• The Magna Carta enumerated what later came to be thought of as human rights, including:
  • The right of the church to freedom from governmental interference.
  • The right of all free citizens to own and inherit property.
  • Protection from excessive taxes
  • The right of widows who owned property to choose not to remarry
  • Principles of due process and equality before the law
  • Provisions forbidding bribery and official misconduct
• The Magna Carta is a crucial turning point toward establishing freedom

The Petition of Rights

• The English Parliament sent this statement of civil liberties to King Charles I, in 1628
• It was prompted by Parliament's refusal to finance the King's unpopular foreign policy and in response to the King levying forced loans, quartering troops in houses, arbitrary arrests, and imprisonment
• The Petition of Right, initiated by Sir Edward Coke, asserted four principles:
  • No taxes could be levied without Parliament's consent
  • No subject could be imprisoned without cause shown
  • No soldiers could be quartered upon the citizenry
  • Martial Law could not be used in peacetime

United States Declaration of Independence (1776)

• Thomas Jefferson authored it
• The United States Congress approved the Declaration of Independence on July 4, 1776
• Jefferson formally explained why Congress had voted on July 2 to declare independence from Great Britain
• It announced that the thirteen American Colonies were no longer part of the British Empire
• Congress issued the Declaration of Independence as a printed broadsheet
• The Declaration stressed individual rights and the right to revolution
• Its ideas spread internationally, influencing the French Revolution

United States Constitution (1787) and Bill of Rights (1791)

• The Bill of Rights of the US Constitution protects basic freedoms of United States citizens
• Written in Philadelphia in 1787
• It is the fundamental law of the US federal system of government
• The Constitution is the oldest such document in use and defines the principal organs of government and their jurisdictions, and the basic rights of citizens

The First Geneva Convention (1864)

• The document provided for care to wounded soldiers
• 16 European countries and several American states attended a conference in Geneva
• The diplomatic conference adopted a convention for the treatment of wounded soldiers in combat
• The Convention said that care should be extended to wounded and sick military personnel without discrimination
• There was respect for, and marking of, medical personnel, transports, and equipment with the red cross on a white background

The United Nations (1945)

• Fifty nations met in San Francisco in 1945 and formed the UN to protect and promote peace
• World War II from 1939 to 1945 had left cities throughout Europe and Asia destroyed, with millions dead, homeless, or starving
• In April 1945, delegates from fifty countries met in San Francisco
• The goal was to create an international body to promote peace and prevent future wars
• Ideals of the organization were stated in the preamble to its proposed charter
• “The peoples of the United Nations are determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind."

Philippines Declaration of Independence

• During the Spanish-American War, Filipino rebels led by Emilio Aguinaldo declared the Philippines independent after 300 years of Spanish rule
• By mid-August, Filipino rebels and U.S. troops had ousted the Spanish
• Aguinaldo's hopes for independence ended when the United States annexed the Philippines as part of its peace treaty with Spain

Philippine revolution

• The Philippines comprised a large island archipelago off Southeast Asia that was colonized by the Spanish in the 16th century, with opposition erupting among local priests
• In 1892 the Katipunan, a secret revolutionary society, formed in Manila
• By August 1896, the Spanish had learned of the Katipunan's plans, compelling the rebels into action
• Revolts broke out across Luzon
• In March 1897, 28-year-old Emilio Aguinaldo became the leader of the rebellion
• Revolutionaries were pushed to the hills southeast of Manila by late 1897
• Aguinaldo negotiated with the Spanish to receive financial compensation and a promise of reform in exchange for exile in Hong Kong
• The leaders departed, and the revolution temporarily ended

Spanish-American War

• The Spanish-American War broke out in April 1898 over Spain's suppression of a rebellion in Cuba
• On May 1, 1898, the U.S. Asiatic Squadron annihilated the Spanish Pacific fleet at the Battle of Manila Bay
• Aguinaldo teamed up with U.S. authorities to return to the Philippines and help the United States in the war against Spain
• Aguinaldo landed on May 19, rallied his revolutionaries, and began liberating towns south of Manila
• On June 12, he proclaimed Philippine independence and established a provincial government
• Aguinaldo’s army had encircled the Spanish in Manila
• Dewey was waiting for U.S. ground troops
• Troops arrived in July
• On August 8, the Spanish commander said he would surrender the city only if the U.S. staged a mock battle and prevented Filipino rebels from entering the city
• On August 13, the mock Battle of Manila was staged
• The Americans kept their promise to keep the Filipinos out

The Malolos

• While Americans occupied Manila and planned peace negotiations with Spain, Aguinaldo convened a revolutionary assembly, the Malolos, in September
• They drew up a democratic constitution and formed a government with Aguinaldo as president in January 1899
• On February 4, the Philippine Insurrection began after Filipino rebels and U.S. troops skirmished inside American lines in Manila
• Two days later, the U.S. Senate ratified the Treaty of Paris with Spain by one vote
• The Philippines were officially US territory for $20 million
• Congress authorized deployment of 60,000 troops
• By 1899, 65,000 troops were in the Philippines
• In November 1900 Republican William McKinley was reelected, and the war continued
• On March 23, 1901, U.S. General Frederick Funston captured Aguinaldo in Luzon
• Aguinaldo swore allegiance to the U.S. and called for an end to the revolt
• U.S. forces retaliated against the massacre of a garrison by killing all males over 10 on Samar
• General Jacob Smith was court-martialed and forced to retire

End of revolution

• In 1902, U.S. civil government took over administration, and the three-year Philippine insurrection ended with pockets of resistance
• Over 4,000 Americans died in the suppression (10x Spanish-American War)
• Over 20,000 insurgents died
• In 1935 the Commonwealth of the Philippines was established with U.S. approval
• Manuel Quezon became first president
• Full independence was granted on July 4, 1946

Human Rights Defined

• Human rights are the ultimate inherent and inalienable rights to life, dignity, and self-development
• They're the essence of what makes us human

Important Facts

• Human rights form the foundation of freedom, justice, and peace
• These are basic rights and freedoms that belong to everyone, from birth until death
• They are universal and apply regardless of origin, beliefs, or lifestyle
• These rights can be civil, political, economic, social, and cultural

Classification of Human Rights

• According to Source
• According to Aspect of Life
• According to Derogability
• According to Recipient

Classification of Human Rights: According To Source

• Natural or moral rights are God-given, unwritten norms of society (e.g., right to be born, marry)
• Legal rights
  • Constitutional rights are guaranteed in the bill of rights of the constitution (e.g., right to liberty and education)
  • Statutory rights are rights promulgated by a legislative body, such as Republic Acts

Aspects of life

• Civil rights are enforced by law for private individuals to enjoy happiness
• They guarantee protection from abuses of State agents when related to 3 state powers: police power, eminent domain and power of taxation (e.g., right to marry and freedom of religion)
• Political rights enable participation in government (e.g., right to vote)
• Economic, Social, & Culture Rights enable social and economic development while ensuring well-being and preservation of national culture (e.g., right to work/own property, right to socialize, right to practice one's culture)

According to Recipient:

• Individual rights are for individuals (e.g., the right to vote and own property)
• Collective rights are for the rights of society or those that can be enjoyed only with others (e.g., The right to assembly)

According to derogability

• Derogable rights may be conditionally suspended to preserve social life (e.g., right to travel and practice)
• Non-derogable rights cannot be suspended, restricted, or limited, even in emergencies (e.g., right to religion and freedom of thought)

Suspension of human rights is conditional

• Human rights can be temporarily suspended under specific conditions:
  • Suspension is legally provided and known to citizens
  • A declared state of emergency endangers public safety and morals
  • Restrictions are strictly necessary and proportionate to the emergency

State Responsibilities to uphold human rights:

• Respect: Abstain from violating individual integrity or freedom
• Protect: Prevent rights infringements by others
• Fulfill: Ensure access to basic needs through its actions

Rule of Law

• Rights, freedoms, obligations, and duties are written and apply equally to everyone

Duties of military and security forces:

• Duty is maintenance of public order through internal security operations
• National security is through responding to external threats
• The forces must also aide in all kinds of emergencies

Basic Principles of Human Rights:

• Inherent: Present in every person from birth
• Inalienable: Rights cannot be taken away
• Imprescriptible: Rights are never lost with time
• Indivisible: All rights are equal and cannot be divided
• Interdependent: all rights rely on each other
• Fundamental: Human rights are essential for life and dignity
• Universal: Available to everyone regardless of identity
• Equality: All are equal

More detailed basic principles of human rights:

• Inherent: Human rights are birth rights
• Inalienable: Rights cannot be taken away from an individual.
• You cannot take someone's right to marry
• Imprescriptible: Human rights are not lost by the passage of time
• Indivisible: Human rights are piece meal rights and freedoms, they are hence, not capable of being divided
• Interdependent: Fulfillment of a particular right cannot be attained without the realization of the other rights
• Your freedom can provide a source of happiness
• A right is an entitlement
• HR are legal rights- therefore HR are part of Philippines laws
• Fundamental: Essential, without human rights, a person's life and dignity would be worthless and meaningless
• Universal: It is available to all individuals regardless of their race, status, and/or ethnicity

Foundation of international human rights:

• International Bill of Human Rights includes:
  • Universal Declaration of Human Rights
  • International Covenant on Civil and Political Rights (ICCPR)
  • International Covenant on Economic, Social and Cultural Rights (ICESCR)

Key items in the bill of rights

• Bill of Rights (Article II 1987 Constitution)
• Is a declaration and enumeration of a person's rights and privileges
• Designed to protect against violation by the government or by individuals/groups

Section 1 (Bill of Rights) in the Philippine Constitution

• 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 laws
• Due process of law is a constitutional guarantee preventing abusive government actions
• The loss of of physical and mental attributes of a person is deprivation of life
• When an individual prevented from acting the way he wishes to this is deprivation of liberty
• When its value is destroyed, this is deprivation of property

The legal system

• Equal protection signifies that all persons should be treated the same under the same circumstances and conditions

Section 2 of the bill of rights.

• The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable
• No search warrant or warrant of arrest shall issue except upon probable cause
• All of this must be determined personally by the judge after examination under oath or affirmation of the complainant, and the witnesses he may produce
• These need to be accurately described to ensure the place to be searched and the persons or things to be seized
• Protection applies to citizens of the Philippines including aliens
• Scope extends to garage, warehouse, shop, store and even a safety deposit vault
• Scope includes sealed letters and packages

What Constitutes Probable Cause?

• Facts and circumstances are enough to engender a fair belief that a crime has been committed
• That the respondent is probably guilty and should be held for trial

Key legal definitions of terms

• Search warrant is an order in writing, issued in the name of the people, signed by a judge, and directed to a peace officer, commanding him to search
• Warrant of arrest is an order signed by the judge, directed to a peace officer commanding the arrest of a person specified therein

Section 3 highlights

• (1) Privacy of communication is sacred except upon lawful order of the court, or when public safety requires
• (2) Any evidence obtained in violation of this shall be inadmissible for any purpose
• The Fruit of the Poisonous tree doctrine extends the exclusionary rule to make any illegally obtained evidence inadmissible

Section 4 highlights

• No abridging the freedom of speech, or the press
• The right of the people to assemble and petition the government for redress of grievances
• Slander - it is the making of false statement damaging one's reputation
• Libel - publishing false statements that harms reputation

Section 5 Highlights of legal rights

• A law cannot establish a religion, nor prohibit the free exercise thereof
• Religious profession and worship in general, without discrimination or favoritism, shall forever be allowed
• No religious test shall be required for civilian or political rights

Section 6 highlights

• The liberty of abode cannot be impaired except upon lawful order of the court.
• The right to travel shall be impaired except for reasons regarding the nation or the public
• Right to change residence and live in different places

Section 7

• The rights of the people to information on matters of public concern shall be recognized
• Access to IRR's of Republic Acts, taxes, and liquidation from coa

Section 8

• The right of those in the public and private sectors to form unions is upheld
• Right to join in fraternity, to form a group

Section 9

• Private property cannot be taken for public use without compensation (build build build program)

Section 10

• No law impairing the obligation of contracts shall be passed
• The government shall not pass any law that will ruin the contract between the parties
• Section 11*
• Free access to courts and free access to legal aid should not be denied, even for reasons of poverty

Section 12 outlines what must be adhered to upon law enforcement investigating an offense

• Any person under investigation for the commission of an offense has the right to be informed of their right to remain silent
• They have the right to have competent and independent counsel preferably of their own choices; 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 the presence of counsel

Continued legal code

• (2) torture and intimidation cannot be used against him
• (3) any confession is inadmissible

Section 13

• All persons, except those charged for reclusion perpetua can be bailed
• Bail - security
• Excessive bail shall not be required

Section 14

• Innocent until proven guilty
• (1) No person shall be held to answer for a criminal offense without due process of law
• (2) the accused shall be presumed innocent until the opposite is confirmed

Sections 15-17

• Section 15 dictates that writ of habeas corpus shall not be suspended except in cases of invasion when the public safety requires it
• Section 16 states that all persons have the right to a speedy trial
• Section 17 states that they must never to be a witness against himself

Sections 18-21

• No person shall be detained solely by reason of his political beliefs and aspirations
• No involuntary servitude in any form shall exist except as punishment
• Excessive fines shall not be imposed, nor cruel or inhumane punishment inflicted
• No death penalty unless heinous crime
• Debt cannot be a method of imprisonment
• No person shall be twice put in jeopardy of punishment for the same offense
• Double jeopardy
• Prohibits being prosecuted twice for substantially the same crime

Legal definitions

• Ex post facto law - A law that refers to "from a thing done afterward"
• It is a term for a punishment for a crime that criminalizes conduct that was legal when originally performed.
• Bill of attainder - Legislation that declares a party guilty of a crime without first going through the trial

A summary of how human rights ideas spread from Babylon to India, Greece, and Rome. Includes the story of Cyrus the Great freeing the slaves of Babylon in 539 B.C., and how the Cyrus Cylinder is recognized as the world's first charter of human rights.