In what legal documents or instruments are human rights expressed and guaranteed?

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. A landmark document,
it is the first global instrument expressing the basic principles of human rights. The UDHR, however,
is not legally binding and only serves as a common standard of achievement for all peoples and
nations. In any case, the UDHR spawned two significant International Covenants, namely: the
International Covenant on Civil and Political Rights (ICCPR) and International Covenant on
Economic, Social and Cultural Rights (ICESCR). These two Covenants were adopted in 1966 and,
unlike the UDHR, are legally binding on all the States that ratify them. The UDHR, ICCPR, and
ICESCR comprise the International Bill of Human Rights. Subsequently, more international human
rights instruments, whether in the form of covenants and treaties (binding documents) or declarations
(non-binding documents), addressing various concerns (torture, apartheid, slavery, etc.) and
vulnerable sectors (women, children, persons with disabilities, etc.) have been adopted.
Are these human rights guaranteed under Philippine laws as well?
Yes. Civil and political rights are embodied in Article III on the Bill of Rights of the Constitution.
On the other hand, economic, social and cultural rights are recognized in several Articles: Article XII
on National Economy and Patrimony; Article XIII on Social Justice and Human Rights including
Labor, Agrarian and Natural Resources Reform, Urban Land Reform and Housing, Health, Women
and Rights of People’s Organization; Article XIV on Education, Science and Technology, Arts, Culture
and Sports; and Article XV on the Family. Article II on Declaration of Principles and State Policies
likewise expresses the Philippines’ commitment to guarantee the full respect of human rights.
In addition, the Philippines is a State Party to or has ratified the eight (8) core international
human rights treaties, namely: International Covenant on Civil and Political Rights (23 October 1986);
International Covenant on Economic, Social and Cultural Rights (7 June 1974); International
Convention on the Elimination of All Forms of Racial Discrimination (15 September 1976);
International Convention on the Elimination of All Forms of Discrimination against Women (5 August
1981); Convention on the Rights of the Child (21 August 1990); Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (30 April 1986); International
Convention on the Protection of the Rights of All Migrant Workers and their Families (13 November
1993); and International Convention on the Rights of Persons with Disabilities ( 15 April 2008). Under
Article III, Section 2 of the Constitution, the Philippines “adopts the generally accepted principles of
international law as part of the law of the land.” In the same manner, all treaties and agreements
entered into by the Philippines form part of our laws.
Are all human rights absolute?
No. Absolute or non-derogable rights are those that are so fundamental they cannot be
interfered with under any circumstances. Hence, the government cannot invoke national security,
existence of war or state of national emergency to limit, restrict or suspend these rights. Among
absolute or nonderogable rights are: the right to due process of law, freedom from torture, freedom of
thought and conscience, freedom from slavery, right against ex post facto law, among others. In
contrast, relative or derogable rights are those that can be interfered with under defined
circumstances. They may be suspended, limited or restricted depending on the circumstances and
upon compliance with requirements of the law. For example, a person’s right to liberty may be
curtailed if he or she has committed a crime, the right of suffrage can be exercised only by citizens,
freedom of speech and expression needs to be balanced with the rights of others, etc.
What are the obligations corresponding to human rights?
The threefold obligation corresponding human rights are as follows: to respect, to protect and
to fulfill. The obligation to respect constitutes a negative obligation or to refrain from doing acts that
would interfere with these rights. Most civil and political rights are negative rights because the State is
enjoined not to perform any acts that would interfere with them. For example, 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, etc. The obligation to protect requires the State to enact
laws as well as to create mechanisms to prevent human rights violations either by State authorities
and/or agents as well as by non-state actors. On the other hand, the obligation to fulfill is a positive
obligation as it obliges the State to take positive actions to facilitate the realization or enjoyment of
these rights. Economic, social and cultural rights are mostly positive rights as they require the State
to perform acts, e.g., enact laws, formulate policies and implement programs, in order for the people
to realize or enjoy them.
Who has the duty to carry out these obligations?
Under international law, the State assumes the duties and obligations to respect, to protect and to
fulfill human rights. It is the primary duty bearer and, consequently, has to comply with the legal
norms and standards enshrined in the different international human rights instruments to which it is a
party. At the individual level, however, while we are entitled to human rights (claimholders), we are
likewise obliged to respect the human rights of others.
What are the remedies in cases of human rights violations?
The remedies available to individuals vary depending on the nature of human rights violated.
For civil and political rights, remedies may be availed of through international bodies or tribunals or
through national or domestic institutions, e.g., the courts, quasi-judicial or administrative bodies. At
the domestic level, particularly in the Philippine legal system, most human rights violations are
prosecuted as criminal offenses under the Revised Penal Code or special laws. These cases are
cognizable by regular courts or, in certain cases, by special courts. The propriety of filing the
necessary information to prosecute criminal offenders generally lies within the discretion of public
prosecutors belonging to the Department of Justice (DOJ). However, certain cases fall within the
mandate of the Ombudsman who is the “protector of the people” following Article XI, Section 12 of the
Constitution. Also, civil cases for damages may be filed with the regular courts. The Commission on
Human Rights (CHR) is an independent body created by the Constitution “to investigate, on its own
or on complaint by any party, all forms of human rights violations involving civil and political rights”
pursuant to Article XIII, Section 18(1) thereof. According to the Supreme Court in Simon v.
Commission on Human Rights (204 SCRA 483 [1991]), the CHR’s investigatory power is limited only
to violations involving civil and political rights. It has no power to adjudicate cases or issue preliminary
injunctions or restraining orders. If upon investigation, the CHR finds that human rights violation had
been committed, it has to refer the matter to the DOJ for prosecution or to the concerned government
office or agency for appropriate action. Fairly recently, and mainly to address the problem of extra-
legal or unexplained killings and enforced disappearances or threats thereof, our Supreme Court has
provided certain extraordinary remedies. The writ of amparo may be availed of by a person whose
right to life, liberty and security is violated or threatened. Under the Rule on the Writ of Amparo
(2007), the courts may grant the following remedies: Temporary Protection Order, Inspection Order,
Production Order and/or Witness Protection Order.
In 2008, the Supreme Court promulgated the Rule on the Writ of Habeas Data to provide a
remedy to any person whose rights to privacy and life, liberty or security are violated or threatened by
reason of “the gathering, collecting or storing of data or information regarding the person, family,
home and correspondence of the aggrieved party.” The relief that the courts may grant include “the
updating, rectification, suppression or destruction of the database or information or files kept by the
respondent.” At the international level, an individual may file a complaint or communication for human
rights violation against a government under three (3) international human rights treaties, namely:
Optional Protocol to the ICCPR, International Convention on the Elimination of All Forms of Racial
Discrimination and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. It is necessary that the respondent government has ratified these treaties in order for the
appropriate UN Committee to take cognizance of the complaint. Significantly, the Philippines is a
State Party to these treaties. Further, the complainant is required to show that he or she had
exhausted all the remedies available at the domestic level before filing the complaint with the
appropriate UN Committee.
On the other hand, remedies for violations of economic, social and cultural rights are not as
comprehensive. At the domestic level, an individual filing a case for violation of these rights with the
regular courts must satisfy the requisites of justiciability, namely: (1) existence of a demandable right;
(2) a violation of that right; and (3) locus standi or whether the person seeking redress suffered a
direct injury, except in those instances where the matter in issue is of transcendental importance. The
courts will take cognizance of the case only when all these requisites have been complied with. At
present, the Philippines still has to ratify the Optional Protocol to the ICESCR granting individuals or
groups the right to submit before the appropriate UN body complaints or communications concerning
non-compliance with ICESCR.