Understanding Human Rights: Definition & Characteristics

General Nature and Definition of Human Rights

• Human rights are inherent to our nature and essential for living as human beings.
• They enable the development and use of human qualities, intelligence, talents, conscience, and spiritual needs.
• Human rights are supreme, inherent, and inalienable rights to life, dignity, and self-development.
• These rights are what makes man human.

Basic Characteristics of Human Rights

• Inherent: Not granted by any person or authority.
• Fundamental: Life and dignity are meaningless without them.
• Inalienable: Cannot be rightfully taken away, given away, or forfeited.
• Imprescriptible: Cannot be lost through disuse or the passage of time.
• Indivisible: Cannot be denied even when other rights have already been enjoyed.
• Universal: Applies irrespective of origin, status, condition, or location.
• Interdependent: Fulfillment of one requires the realization of others.

Human Rights Principles

• The dignity of man and human life is inviolable.
• Every person has the right to free development of his personality.
• A legitimate state should safeguard the birthright of dignity for every human being.

Classification of Rights

• Natural Rights: God-given rights, acknowledged as morally good and prevailing as societal norms.
• Constitutional Rights: Conferred and protected by the constitution, unmodifiable by law-making bodies.
• Statutory Rights: Provided by law, able to be abolished by the enacting body.

Stages of Human Rights

• Idealization: Human rights notions begin as ideas against oppression or inadequate state performance.
• Positivization: Ideas gain strong support and are incorporated into legal instruments.
• Realization: Citizens enjoy these rights through societal transformation (social, economic, and political).

Three Obligations of State Parties

• Obligation to respect: Refrain from restricting the exercise of civil and political rights.
• Obligation to ensure: Proactively enable individuals to enjoy their rights.
• Obligation to protect: Prevent private entities from interfering with civil and political rights.
  • Adoption of executive, judicial and legislative measures is needed to provide remedies for human rights violations.

Sources and Foundations of Human Rights Law

• The 1987 Constitution is the primary source of human rights law in the Philippines.
• The Bill of Rights lists civil and political rights.
• The Constitution includes the independent Commission on Human Rights (CHR).
  • The CHR investigates human rights violations and promotes human rights awareness, sometimes called "Human Rights Constitution".
• International Bill of Rights: Consists of three documents that are considered essential prerequisites for peace.
  • Universal Declaration of Human Rights (UDHR)
  • International Covenant on Civil and Political Rights (ICCPR)
  • International Covenant on Economic, Social and Cultural Rights

Universal Declaration of Human Rights (UDHR)

• Drafted by the UN Commission on Human Rights and passed by the United Nations.
• Eleanor Roosevelt was the chairwoman.
• Adopted with 48 votes in favor, none against, and eight abstentions.
• Carlos Romulo participated in the drafting of the UN CHR.
• The Preamble refers to inherent human dignity and inalienable rights.
• Intercultural consensus is to achieve promotion of universal respect for and observance of human rights and fundamental freedoms.
• UDHR is the first internationally adopted catalogue of human rights and "common language of humanity".

International Covenant on Civil and Political Rights (ICCPR)

• Adopted unanimously by 106 States and entered into force in 1976.

Civil and Political Rights

• The Bill of Rights is present in all Philippine Constitutions except the Biak-na-Bato Constitution of 1897.
• Bill of Rights: An enumeration of self-executing civil and political rights.
• Restricts state powers to maintain constitutional harmony and stability.
• The Bill of Rights declares forbidden zones in the private sphere inaccessible to power holders.

Four (4) Types of Provisions in the Bill of Rights

• Completely new provisions.
• Old provisions with additions.
• Old provisions with deletions.
• Old provisions that remained intact.

Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law

• The first substantive agreement signed by the Government of the Philippines and rebels in the Hague, Netherlands.
  • Contains a preamble, declaration of principles, scope, respect for human rights/international law, a joint monitoring committee, and final provisions.

Rights of a Person Under Custodial Investigation

• Section 12, Article lll of the 1987 Constitution outlines these rights.
• Includes the right to silence, the right to counsel, and protection against torture.

Custodial Investigation

• Questioning by law enforcement after a person is taken into custody or deprived of freedom.

Miranda Doctrine

• Prior to questioning, a person must be warned of their right to remain silent.
• Any statement may be used as evidence, and they have the right to an attorney.
• Named after Miranda vs. Arizona, a U.S. Supreme Court case.

Rights of a Person During Custodial Investigation

• Right to be informed of rights.
• Right to remain silent.
  • Anything said can and will be used against them.
• Right to an attorney, preferably of their own choice.
  • This right is absolute, even if the accused is a lawyer.
• Right against torture, force, violence, threat, or intimidation.
• Right against secret detention places, solitary confinement.

Exclusionary Rule

• Any confession obtained in violation of these rights is inadmissible as evidence.

Republic Act No. 7438

• Defines the rights of persons arrested, detained, or under custodial investigation.
• States the duties of arresting, detaining, and investigating officers.
• Provides penalties for violations.
• Requires assistance by counsel at all times.
• Confessions must be in writing and signed in the presence of counsel, or with a valid waiver, in the presence of family, or other officials/religious figures.
• Waivers must be in writing and signed in the presence of counsel.
• Allows visits by family, doctors, or religious ministers and defines "custodial investigation" to include "invitations" that could lead to a violation of law.
• Specifies penalties for failing to inform the arrested of their rights, obstructing visits, and defines the fees an assisting counsel is entitled to.

United Nations Standard Minimum Rules for the Treatment of Prisoners

• All prisoners shall be treated with respect for their inherent dignity and value as human beings.
• Protection from torture and cruel, inhuman, or degrading treatment or punishment.
• Safety and security of prisoners, staff, service providers, and visitors shall be ensured.
• Applied impartially without discrimination.

Key Principles of the UN Rules

• Religious beliefs and moral precepts of prisoners shall be respected.
• Imprisonment deprives persons of self-determination by depriving them of their liberty.
• Aim to protect society against crime and reduce recidivism, reintegrating prisoners as law-abiding citizens.
• Minimize differences between prison life and life at liberty; prison regime should be so oriented to ensure reintegration of prisoners into society

Prisoner File Management

• Standardized system in every place of imprisonment, maintaining confidentiality.
• No person shall be received in a prison without a valid commitment order.
• Each prisoner must be granted access to the records pertaining to him or her.
• Used to generate reliable trends of the prison population.

Separation of Categories

• Different categories of prisoners shall be kept in separate institutions.

Accommodation

• Individual cells or rooms for each prisoner.
• Must meet health requirements.
• Adequate lighting, heating, and ventilation.

Sanitary and Hygiene

• Adequate sanitary installations.
• Bathing and shower installations are required.
• Cleanliness should be maintained.
• Prisoners must keep clean and have necessary articles.

Clothing and Bedding

• Suitable, non-degrading clothing.
• Clean and sufficient bedding.

Food

• Food of nutritional value, good quality, well-prepared, & drinking water available.

Exercise and Health

• At least one hour of daily exercise in the open air.
• Health care standards should be equivalent to those in the community.

Restrictions, Discipline and Instruments of Restraint

• Discipline is necessary to ensure safe custody.
• Chains and degrading instruments of restraint are prohibited.
• Searches of prisoners and cells should respect dignity and privacy.

Prisoner Communication

• Prisoners should be provided with information about prison regulations, rights, obligations, and disciplinary actions.
• Allowed communication with family and friends.

Other Provisions

• Every prison shall have a library.
• If there is a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed
• Retention of prisoners' property, inventories should be signed by the prisoners.
• Notifications for any events, like injuries, should be relayed to the prisoners family
• Swift and impartial investigations and be carried out and conducted
• Transport should be handled with caution and sensitivity, and should be done at the institutions expense

Institutional Personnel

• The prison administration shall provide for the careful selection of every grade of the personnel.
• Internal inspections, external inspections, or both should occur to ensure existing laws, are being followed

Rules Applicable to Special Categories

• Guiding principles should show the spirit that penal institutions should be administered.
• Appropriate conduct and systems of rules should be established

Work, Education, Social Relations

• The opportunity to work and or actively participating in rehabilitation, is to be had
• Further education of prisoners should be provided to better them
• Maintenance and betterment of relations regarding family, should be top priority

Prisoners with Mental Disabilities

• Arrangements should be made, for them to transferred as soon as possible to accommodate their specialized needs

Prisoners Under Arrest or Awaiting Trial

• Untried prisoners will be referred to such unless legal guidelines say otherwise
• Prisoners who are untried, are presumed to be innocent

Civil Prisoners

• Civil prisoners should not be subjected to greater or severe restrictions besides safe orders

Detained Without Charge

• Persons arrested or imprisoned should be given protection and care

Punishment

• Infliction of pain or loss for a misdeed or transgression of the law.
• Can range from capital punishment to fines.
• Historically, punishment was vindictive and disproportionate to the offense.
• Punishment has (5) recognized purposes:

Purposes of Punishment

• Deterrence: Prevents future crime.
  • Specific deterrence: Applies to the individual defendant.
  • General deterrence: Applies to the public at large.
• Incapacitation: Prevents future crime by removing the defendant from society.
• Rehabilitation: Prevents future crime by altering a defendant's behavior.
• Retribution: Prevents future crime by removing the desire for personal avengement.
• Restitution: Prevents future crime by punishing the defendant financially.

What Are Human Rights Violations?

• Violations occur when rights outlined in the Universal Declaration of Human Rights (UDHR) are not protected or are disregarded.

Definition and Types of Human Rights Violations

• A state commits human rights violations directly or indirectly.
• Direct violations are intentional by state actors.
• Indirect violations occur when the state fails to prevent violations.

Examples of Human Rights Violations

• Civil and Political Rights: Genocide, torture, arbitrary arrest, suppression of freedom of expression/assembly, human trafficking, religious discrimination happen when states fail to protect vulnerable groups.
• Economic, Social, and Cultural Rights: Violations include contaminating water, eviction, denial of health services, discrimination at work, failure to provide maternity leave or minimum wage, segregation of students, and forbidding minority languages.

Responsibility for Ensuring Human Rights

• States bear the burden of protecting and encouraging human rights.
• Governments must respect, protect, and fulfill human rights.
• Civil society, businesses, and individuals also have a responsibility to prevent human rights violations and promote equality.
• The international community monitors governments' human rights track records.

Basic Principles for the Treatment of Prisoners

• Adopted by the General Assembly in 1990.
• All prisoners shall be treated with respect and dignity.
• No discrimination based on race, color, sex, language, religion, or other status.
• Respect religious beliefs and cultural precepts of prisoners.
• Prisons are accountable for the protection of society against crime.
• Prisoners retain human rights and fundamental freedoms.
• Prisoners can partake in cultural activities and education.
• Efforts shall be made to abolish solitary confinement as a punishment.
• Conditions are to enable prisoners to work, which would facilitate reintegration into the labor market, and help them support their families.
• Prisoners have access to health services.
• The help of the community and social institutions, should enable conditions for prisoners reintegration into society

Victims Compensation Program

• Republic Act No. 7309 created the Board of Claims under the Department of Justice.
• Provides compensation for victims of unjust imprisonment/detention and violent crimes.

Rationale for Enactment

• Addresses the implementation of constitutional rights against deprivation of life, liberty, and property without due process of law.
• Acknowledges indifference to victims of crimes, creating an administrative procedure for claims.

Who May Apply for Compensation?

• Unjustly accused, convicted, and imprisoned persons subsequently acquitted.
• Unjustly detained and released persons without charges.
• Victims of arbitrary detention.
• Victims of violent crimes (rape, offenses with malice resulting in death/injury, torture, cruelty).

When and How to File a Claim

• Claims must be filed within six (6) months after release or injury with the Secretariat of the Board of Claims, Department of Justice.

Compensation Amounts

• Unjust imprisonment: Up to P1,000.00 per month of imprisonment.
• Other cases: Maximum of P10,000.00 or reimbursement of expenses (hospitalization, medical treatment, loss of wage/support), whichever is lower.

Appeals

• Aggrieved claimants may appeal to the Secretary of Justice within fifteen (15) days of the Board's resolution.

Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity

• Section 13 covers protection of victims and witnesses.
• Courts shall protect the safety, well-being, dignity, and privacy of victims/witnesses.
• Consideration of age, gender, health, and nature of the crime (especially sexual/gender violence).
• The accused is not to be discredited or affected
• Court may conduct proceedings in camera or use electronic means for evidence.
• Allows consideration of victims' views.
• Prosecution may withhold evidence if it endangers a witness.

Rome Statute

• Article 68 ensures the appropriate measures to protect safety and human rights
• The Chambers of Court may conduct meetings in private, and may consider usage of electronic devices
• Views and issues may be taken into the courts accordance
• Measures should be taken regarding safety, protection, and appropriate counseling
• For any safety issues, evidence and personal information may be withheld
• Any state may try to protect any confidential information

Reparations to Victims

• The Court shall establish principles relating to reparations to, including compensation/rehabilitation
• The Court exercises its power to make reparations to victims and follow that with order and principles
• The Court may take certain measures or actions within that capacity to make this possible
• Each State of Party involved, is to give effect to any decisions under this article

Explore the fundamental nature and characteristics of human rights. Learn about their inherent, inalienable, and universal aspects. Understand the principles that uphold human dignity and self-development.