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Review of Basic Human


Rights Concepts and
Principles

Mike A. Pealoza, Commission on Human Rights-XI

HUMAN RIGHTS
are not the making of

philosophers, or lawyers or
commissions or of
parliaments;
they are not fruit of
philosophical ideas;
are born out of the concrete

struggle of the people;

are born out of pain and conflict,

and are rooted in and borne out of


the struggle itself;
are struggled by action groups in

court rooms, factories and


parliament, in mass demonstrations
and in mass media;
is not a concept conceived in the

mind, but one arising from the depts


of people, whose rights even though
not yet articulated, are being hurt;

are witness of our

woundedness and
frustration, self awareness
and self assertion, anger
and pain;
therefore human rights

are concrete rights, to be


claimed in concrete
circumstances; - - and the
definition of what is human
rights is itself a subject of
struggle and debate.

thus, it has become the political


rule in modern democratic society
that HUMAN AS HUMAN is law,
(ang tao bilang tao ay batas).
my demands as human demands, are
not just mine, not just imposition of my own
needs, but is a right by itself, a law that is
there by the fact that I am human.
Senator Jose W. Diokno . . . . . .

HUMAN RIGHTS are more than


legal concepts: they are the essence of
man; deny them and you deny mans
humanity

What is Human Rights?


(United
Nations)
are
generally
defined as those rights which are
inherent in our nature and without
which we cannot live as human
beings
(CHR) the supreme inherent and
inalienable rights to life, to dignity
and to self development. It is the
essence of this rights that makes
man human.

International
Bill of Human
Rights

Intl HR
Instruments
HUMAN RIGHTS TREATIES
ICERD(1965)
ICCPR(1968)

When a State ratifies


a Convention, it has
the Obligation to:

ICESCR(1966)
CEDAW(1979)
CAT(1984)
MWC(1990)
CRC(1990)

UNITED
NATIONS
STANDARDS
(Declarations)

1.RESPECT
2.PROTECT
3.FULFILL the rights
enshrined therein.

Rights and
Obligations
For every right, there is a
corresponding obligation.
Primary addressee: State;
Secondary addressee:
Individuals

Nature of State Obligations


Principal Obligation under
ICCPR:
Implementation is absolute and
immediate
Basic role of the State: noninterference

Nature of State Obligations


Principal Obligation under ICESCR:
Implementation is qualified and
progressive
Basic role of the State:
interference

Levels of State Obligations


Obligation to Respect:
abstain from acts which violate
rights
non-interference
duty to create proper
environment
immediate and unconditional

Levels of State Obligations


Obligation to Protect:
take steps to prohibit others from
violating rights
no measures which erode status of
rights
act to preclude further deprivation
active measures to realize rights
prevent violations by 3rd parties

Levels of State Obligations


Obligation to Fulfill:
facilitate create conditions for
full realization
provide when individuals are
unable to realize rights

Fundamental Characteristics
of Human Rights
Universal

Human Rights
are held by all persons equally,
universally and forever.
Indivisible Refers to the
equal importance of each
human rights law. A person
cannot be denied a right
because someone decides it is
less important or nonessential.

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People
only
live full
lives in
the
lights

Gikan sa Commission on Human Rights XII