Human Rights: A Primer

• 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.”
• Human rights


  Rights that belong to us simply by reason of our humanity, essential to our dignity as persons
• Article I of the Universal Declaration on Human Rights: '“all human beings are born free and equal in dignity and rights.“'
• Essential characteristics of human rights

  • Inherent
  • Universal
  • Inalienable
  • Indivisible
  • Interdependent
• Characteristics of human rights

  • Inherent
  • Universal
  • Inalienable
  • Indivisible
  • Interdependent
• Human rights are inherent because they attach to the person as soon as he or she is born. They are our birthright and no laws are necessary in order for us to possess or enjoy them.
• Human rights are universal because all human beings, regardless of race, color, sex, language, religion, national or social origin, or status, are equally entitled to them.
• Human rights are inalienable because they cannot be taken away from us without due process of law.
• Human rights are indivisible and interdependent because they cannot be divided or compartmentalized. Neither can they be ranked in hierarchical order because they have equal status as rights and are intrinsically linked to each other.
• 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


  • Rights to life, liberty, property, and security of persons
  • 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
  • Right to travel
• Second-generation 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
  • Right to culture
• Third-generation rights


  • Right to a healthy environment
  • Right to development
  • Rights of indigenous peoples
• The Universal Declaration of Human Rights (UDHR) adopted by the United Nations General Assembly on 10 December 1948 is considered the catalogue of human rights.
• The UDHR is not legally binding and only serves as a common standard of achievement for all peoples and nations.
• The UDHR spawned two significant International Covenants, namely: the International Covenant on Civil and Political Rights (ICCPR) and Internationa
• The Universal Declaration of Human Rights (UDHR) is not legally binding and serves as a common standard of achievement for all peoples and nations
• The International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social, and Cultural Rights (ICESCR) are legally binding on all States that ratify them
• International Bill of Human Rights

  • UDHR
  • ICCPR
  • ICESCR
• More international human rights instruments have been adopted, addressing various concerns and vulnerable sectors
• Civil and political rights are embodied in Article III of the Bill of Rights of the Philippine Constitution of 1987
• Economic, social, and cultural rights are recognized in several Articles of the Philippine Constitution of 1987
• Core international human rights treaties ratified by the Philippines

  • ICCPR
  • ICESCR
  • International Convention on the Elimination of All Forms of Racial Discrimination
  • International Convention on the Elimination of All Forms of Discrimination against Women
  • Convention on the Rights of the Child
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • International Convention on the Protection of the Rights of All Migrant Workers and their Families
  • International Convention on the Rights of Persons with Disabilities
• The Philippines adopts the generally accepted principles of international law as part of the law of the land
• All treaties and agreements entered into by the Philippines form part of their laws
• Absolute or non-derogable rights are fundamental and cannot be interfered with under any circumstances
• Examples of absolute or non-derogable rights

  • Right to due process of law
  • Freedom from torture
  • Freedom of thought and conscience
  • Freedom from slavery
  • Right against ex post facto law
• Relative or derogable rights can be interfered with under defined circumstances
• Examples of relative or derogable rights

  • Right to liberty
  • Right of suffrage
  • Freedom of speech and expression
• The three-fold obligation corresponding to human rights are to respect, protect, and fulfill
• Suffrage can be exercised only by citizens
• Freedom of speech and expression needs to be balanced with the rights of others
• The three-fold obligation corresponding to human rights are: to respect, protect, and fulfill
• Obligation to respect


  Negative obligation to refrain from doing acts that would interfere with human rights
• Examples of negative rights


  • No person shall be deprived of life, liberty, and property without due process of law
  • No law shall be passed abridging the freedom of speech
  • No torture shall be used
• Obligation to protect


  Requires the State to enact laws and create mechanisms to prevent human rights violations by State authorities, agents, and non-state actors
• Obligation to fulfill


  Positive obligation for the State to take actions to facilitate the realization or enjoyment of human rights
• Positive rights


  Economic, social, and cultural rights that require the State to perform acts to enable people to realize or enjoy them
• Under international law, the State assumes the duties and obligations to respect, protect, and fulfill human rights
• Individuals are entitled to human rights (claim holders) and obliged to respect the human rights of others