Reviewer: Human Rights in the Philippines PDF

INTRODUCTION \"In cases involving liberty, the scales of justice should weigh heavily against government and in favor of the poor, the oppressed, the marginalized, the dispossessed and the weak.\" Laws and actions that restrict fundamental rights come to the courts \"with a heavy presumption...

INTRODUCTION \"In cases involving liberty, the scales of justice should weigh heavily against government and in favor of the poor, the oppressed, the marginalized, the dispossessed and the weak.\" Laws and actions that restrict fundamental rights come to the courts \"with a heavy presumption against their constitutional validity.\" -Chief Justice Artemio V. Panganiban, Liberty and Prosperity, February 15, 2006. Human rights are more than legal concepts; they are the essence of man. They are what make man human. That is why they are called human rights: deny them and you deny man's humanity. \- Jose W. Diokno Legal history and human rights in the Philippines may be argued to be intertwined with each other. Throughout history, the struggle to achieve a right that is protected and equal especially against government intrusion is a topic of many writers. A prime example of this is Jose Rizal who consecrated his life to fight for the human rights of our people. Whenever a person is deprived of his liberty or its right is violated, the recourse is to go to proper authorities especially the courts of law. In a speech entitled "The Old Struggle for Human Rights, New Problems Posed by Security"1 , then Chief Justice Reynato S. Puno explained that human rights stem from three bedrock rights: the right to life, the right to human dignity, and the right to develop. He expounded that from the right to life springs our right to own property, to health, to work, to establish a family. Justice Puno elaborated that from the right to human dignity flows our right to equal treatment before the law, to freedom of thought, of 1 https://cpcabrisbane.org/Kasama/2007/V21n3/ReynatoPuno.htm (Last accessed 31 July 2024). UNIT I 10 conscience, of religion, of opinion, expression, and to be recognized as a person everywhere. From the right to develop comes the right to education, and to live in an environment that allows all of our rights to flourish in full. Further, he expounded that there is no human without any right. The caveman and the civilized man have the same natural rights. Human rights in here in all of us as human beings, as beings higher and different from other creatures. Since they are innate to man, since they are inherent to his being, these rights are inalienable and cannot be taken away; they are inviolable and cannot be waylaid by any might of man; their preservation is an obligation shared by the rulers and the ruled alike. The term human rights may be said to be popular in the Philippines during Marcos Sr. dictatorship. In a paper2 Mr. Justice J.B.L. Reyes, a respected jurist and an advocate of civil liberties observed that: while the Constitution of 1935 and that of 1973 enshrined in their Bill of Rights most of the human rights expressed in the International Covenant, these rights became unavailable upon the proclamation of Martial Law on 21 September 1972\. Arbitrary action then became the rule. Individuals by the thousands became subject to arrest upon suspicion, and were detained and held for indefinite periods, sometimes for years, without charges, until ordered released by the Commander-in-Chief or this representative. The right to petition for the redress of grievances became useless, since group actions were forbidden. So were strikes. Press and other mass media were subjected to censorship and short term licensing. Martial law brought with it the suspension of the writ of habeas corpus, and judges lost independence and security of tenure, except members of the Supreme Court. They were required to submit letters of resignation and were dismissed upon the acceptance thereof. Torture to extort confessions were practiced as declared by international bodies like Amnesty International and the International Commission of Jurists. All human beings upon birth automatically belong to society. They are born free, equal and with human dignity and rights. The first society he belongs to is his family, then at higher level, to his neighborhood, his municipality, his country and the international community. History has shown that as man started to live in a society, his inherent rights began to be violated by his fellowmen. The state authorities who are supposed to protect his rights are even his persecutors.3 Human rights are rights we have simply because we exist as human beings - they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental - the right to life - to those that make life worth living, such as the rights to food, education, work, health, and liberty.4 2 Present State of Human Rights in the Philippines. Submitted to the LAWASIA Human Rights Standing Committee: Recent Trends in Human Rights, circa, 1981-1982, pp. 47-52.chanro 3 Jorge R. Coquia. Human Rights. Quezon City: Central Book Supply, Inc., 2012, p. 1. 4 https://www.ohchr.org/en/what-are-human-rights (Last accessed 31 July 2024). 11 As enshrined in various sections of Article III of the 1987 Philippine Constitution, the rights of Filipino people are protected and safeguarded. 12 LEARNING OBJECTIVES 1\. Objective 1. 2\. Objective 2. 3\. Objective 3. LECTURE DISCUSSION A. Definition There is no singular definition of "human rights". According to the United Nations, "human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status." In other words, human rights are those rights that belong to us simply by reason of our humanity. They are essential to our dignity as persons and rooted in the conviction expressed in Article I of the Universal Declaration on Human Rights that "all human beings are born free and equal in dignity and rights." The idea of human rights is as simple as it is powerful: that people have a right to be treated with dignity. Human rights are inherent in all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, colour, religion, language or any other status. Every individual is entitled to enjoy human rights without discrimination. These rights are all interrelated, interdependent and indivisible. While Governments have the duty to protect individuals against human rights abuses by third parties, businesses are increasingly recognizing their legal, moral and commercial need to respect human rights. Today, businesses are subject to closer scrutiny of their impacts on people and the planet. Companies that focus on respecting human rights --- and cultivate positive relationships with their stakeholders --- can help ensure their business' continued growth and social license to operate.5 The Supreme Court6 observed that it can hardly be disputed that the phrase \"human rights\" is so generic a term that any attempt to define it, albeit not a few have tried, could at best be described as inconclusive. The Universal Declaration of Human Rights, as well as, or more specifically, the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights, suggests that the scope of human rights can be understood to include those that relate to an individual\'s social, economic, cultural, 5 https://unglobalcompact.org/what-is-gc/our-work/social/human-rights (Last accessed 1 August 2024). 6 Simon vs. Commission on Human Rights, G.R. No. 100150, January 5, 1994. 13 political and civil relations. It thus seems to closely identify the term to the universally accepted traits and attributes of an individual, along with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of life.7 The term \"civil rights,\" has been defined as (t)o those (rights) that belong to every citizen of the state or country, or, in wider sense, to all its inhabitants, and are not connected with the organization or administration of the government. They include the rights of property, marriage, equal protection of the laws, freedom of contract, etc. Or, as otherwise defined civil rights are rights appertaining to a person by virtue of his citizenship in a state or community.8 Political rights, on the other hand, are said to refer to the right to participate, directly or indirectly, in the establishment or administration of government, the right of suffrage, the right to hold public office, the right of petition and, in general, the rights appurtenant to citizenship vis-a-vis the management of government.9 chanrobles virtual B. Principles The website of United Nations Population Fund10 discussed the human rights principles. Human rights are universal and inalienable; indivisible; interdependent and interrelated. They are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background. Inalienable because people's rights can never be taken away. Indivisible and interdependent because all rights -- political, civil, social, cultural and economic -- are equal in importance and none can be fully enjoyed without the others. They apply to all equally, and all have the right to participate in decisions that affect their lives. They are upheld by the rule of law and strengthened through legitimate claims for duty-bearers to be accountable to international standards. Universality and Inalienability: Human rights are universal and inalienable. All people everywhere in the world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights: "All human beings are born free and equal in dignity and rights." Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic, political or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes enjoyment of 7 Id. 8 Black\'s Law Dictionary, Sixth edition, 1324; Handbook of American Constitutional Law, (4th ed., 1927), p\. 524.chanrobles virtual law library 9 Black\'s Law Dictionary, Ibid., p. 1325.chanrobles virtual law library 10 https://www.unfpa.org/resources/human-rights-principles (Last accessed 1 August 2024). 14 other rights. Thus, the right of everyone to an adequate standard of living cannot be compromised at the expense of other rights, such as the right to health or the right to education. Interdependence and Interrelatedness: Human rights are interdependent and interrelated. Each one contributes to the realization of a person's human dignity through the satisfaction of his or her developmental, physical, psychological and spiritual needs. The fulfilment of one right often depends, wholly or in part, upon the fulfilment of others. For instance, fulfilment of the right to health may depend, in certain circumstances, on fulfilment of the right to development, to education or to information. Equality and Non-discrimination: All individuals are equal as human beings and by virtue of the inherent dignity of each human person. No one, therefore, should suffer discrimination on the basis of race, colour, ethnicity, gender, age, language, sexual orientation, religion, political or other opinion, national, social or geographical origin, disability, property, birth or other status as established by human rights standards. Participation and Inclusion: All people have the right to participate in and access information relating to the decision-making processes that affect their lives and well-being. Rights-based approaches require a high degree of participation by communities, civil society, minorities, women, young people, indigenous peoples and other identified groups. Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in international human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law. Individuals, the media, civil society and the international community play important roles in holding governments accountable for their obligation to uphold human rights. C. Kinds of Human Rights11 Human rights are classified into different categories. One of these is the classification according to the historical development of their recognition, namely: First Generation Rights, Second Generation Rights, and Third Generation Rights. First-generation rights cover civil and political rights: rights to life, liberty, property, and security of persons; 11 https://phrcs.gov.ph/human-rights-a-primer/ (Last accessed 1 August 2024). 15 rights to equal protection of the law and due process; freedom from slavery; freedom from torture or cruel, inhuman or degrading punishment; right to a fair trial; right to be presumed innocent until proven guilty; right against ex post facto law or retrospective law; right to privacy of person, home, correspondence; freedom of thought, conscience, and religion; freedom of expression, association, and assembly; right to nationality; right to suffrage, to run for public office, and participate in governance; right to marry and found a family; and right to travel. Second-generation rights cover economic, social, and cultural rights: right to work; right to fair conditions of employment; right to join and form trade unions; right to social security; right to protection of the family; right to an adequate standard of living including right to food, clothing, and shelter; right to health; right to education; and right to culture. Third-generation rights cover collective rights: right to a healthy environment; right to development; and rights of indigenous peoples. D. Fundamental Powers of the State There are three inherent powers of government by which the state interferes with the property rights, namely- (1) police power, (2) eminent domain, \[and\] (3) taxation. These are said to exist independently of the Constitution as necessary attributes of sovereignty. Restrictions of human rights may be exercised by the State through its police power. Police power is defined by Freund as \'the power of promoting the public welfare by restraining and regulating the use of liberty and property\' (Quoted in 16 Political Law by Tafiada and Carreon, V-11, p. 50). It is usually exerted in order to merely regulate the use and enjoyment of property of the owner. If he is deprived of his property outright, it is not taken for public use but rather to destroy in order to promote the general welfare. In police power, the owner does not recover from the government for injury sustained in consequence thereof (12 C.J. 623). It has been said that police power is the most essential of government powers, at times the most insistent, and always one of the least !imitable of the powers of government (Ruby vs. Provincial Board, 3 9 Phil. 660; le hong vs. Hernandez, L-7995, May 31, 1957). This power embraces the whole system of public regulation (U.S. vs. Linsuya Fan, 10 Phil. 104). The Supreme Court has said that police power is so far-reaching in scope that it has almost become impossible to limit its sweep. As it derives its existence from the very existence of the state itself, it does not need to be expressed or defined in its scope. Being coextensive with self-preservation and survival itself, it is the most positive and active of all governmental processes, the most essential, insistent and illimitable. Especially it is so under the modern democratic framework where the demands of society and nations have multiplied to almost unimaginable proportions. The field and scope of police power have become almost boundless, just as the fields of public interest and public welfare have become almost all embracing and have transcended human foresight. Since the Court cannot foresee the needs and demands of public interest and welfare, they cannot delimit beforehand the extent or scope of the police power by which and through which the state seeks to attain or achieve public interest and welfare. (Ichong vs. Hernandez, L- 7995, May 31, 1957). The police power being the most active power of the government and the due process clause being the broadest limitation on governmental power, the conflict between this power of government and the due process clause of the Constitution is oftentimes inevitable. It will be seen from the foregoing authorities that police power is usually exercised in the form of mere regulation or restriction in the use of liberty or property for the promotion of the general welfare. It does not involve the taking or confiscation of property with the exception of a few cases where there is a necessity to confiscate private property in order to destroy it for the purpose of protecting the peace and order and of promoting the general welfare as for instance, the confiscation of an illegally possessed article, such as opium and firearms. As with the State, local governments may be considered as having properly exercised their police power only if the following requisites are met: (1) the interests of the public generally, as distinguished from those of a particular class, require its exercise and (2) the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. In short, there must be a concurrence of a lawful subject and a lawful method.12 12 Lucena Grand Central Terminal, Inc. v. Jac Liner, Inc., G.R. No. 148339, 23 February 2005, 452 SCRA 174, 185. 17 E. Sources of Human Rights Law The basic source of human rights law in the Philippines is the 1987 Philippine Constitution. It is rich in human rights content and constitutes a vast improvement of the previous Philippine Constitutions. A novel feature of the 1987 Constitution is the independent constitutional office called Commission on Human Rights13. The 1987 Constitution has been the basis of laws passed by Congress dealing with the first generation of rights like R.A. No. 7438, R.A. No. 8493 and R.A. No. 10368. The 1987 Constitution is sometimes called a Human Rights Constitution because of its many human rights and human rights-related provisions found in several of its Articles.14 While international law defines the relationship between states, it also provides for rules that states must apply within their territories. For example, international human rights law provides for obligations of states to protect the rights of persons within their jurisdiction. To apply international law within the domestic sphere, it must be "domesticated."15 A rule of international law is domesticated "when a State incorporates it and weaves it into its own domestic legislation and rulemaking procedures."16 Section 2 of Article II (Declaration of Principles and State Policies) of the Philippine Constitution provides that the State "adopts the generally accepted principles of international law as part of the law of the land." This rule is known as the Incorporation Clause. 13 Rene V. Sarmiento. Human Rights Law, Human Rights Culture. Manila: Rex Book Store, 2017, p. 7. 14 Id., p. 8 15 Rommel J. Casis. Domesticating International Law: Resolving the Uncertainty and Incongruence, December 2020. 16 Ibid, citing Anthony D\'Amato, The Coerciveness of International Law, 52 GERMAN Y.B.INT\'L L. 437, 443 (2009). 18 Activity 1\. What do you understand by human rights? 2\. What are the sources of human rights? 3\. Human rights are characterized as inherent. Why? Give examples. 4\. Human rights are fundamental. Why? Give examples. 5\. Human rights are universal. Why? Give examples.