Introduction to Human Rights

Human Rights Education

Module

Atty. Maria Catherine G. Salurio

[Part-time Instructor]

[College of Arts and Sciences]

[Bachelor of Science in Criminology]

[2020]

CLJ 2 : Human Rights Education Page 1 of 36

 Introduction to Human Rights

VISION
A provide of relevant and quality education to a
society where citizens are competent, skilled,
dignified and community- oriented.

MISSION
An academic institution providing technological,
professional, research and extension programs to form
principled men and women of competencies and skills
responsive to local and global development needs.

QUALITY POLICY
Northwest Samar State University commits to provide
quality outcomes-based education, research,
extension and production through continual
improvement of all its programs, thereby producing
world class professionals.

CORE VALUES
Resilience. Integrity. Service. Excellence.

INSTITUTIONAL GRADUATE OUTCOMES

Creative and critical thinkers
Life-long learners
Effective communicators
Morally and socially upright individuals

CLJ 2 : Human Rights Education Page 2 of 36

 Introduction to Human Rights

About the Author

Atty. Maria Catherine G. Salurio is a graduate of University of the

Philippines – Visayas Tacloban College with a degree in Bachelor of Arts in
Social Sciences- Political Science. She took her Jurisdoctor degree at Christ
The King College – College of Law where she graduated in 2019. She is
now an active member of the Integrated Bar of the Philippines and a private
practitioner after passing the 2019 Philippine BAR Examinations.

CLJ 2 : Human Rights Education Page 3 of 36

 Introduction to Human Rights

Table of Contents

I. General Nature and Definition of Human Rights…………………………………1

II. History, Theories of Sources and Development of Human Rights……………….2
III. The International Bill of Human Rights…………………………………………...3
IV. Civil and Political Rights as Applied in the Philippines…………………………..4
V. Economic, Social, and Cultural Rights as Applied in the Philippines…………….5
VI. Human Rights Situation of Vulnerable Sectors………………………………..….6
VII. Discrimination……………………………………………………………………..7
VIII. The Role of Non-Governmental Organizations in the Promotion and Protection of
Human Rights……………………………………………………………………...8
IX. Educating Filipinos on Human Rights…………………………………………….9
X. Remedies for the Enforcement of Human Rights Treaties and Laws……………10
XI. The Writ of Amparo Typical in many Latin American Countries……………….11

CLJ 2 : Human Rights Education Page 4 of 36

 Introduction to Human Rights

Rationale
The learner guide aims to provide an outline of the topics, assessment types and date of
submission of outputs. The topics listed are the lessons covered in the module. On the other
hand, the Assessment types listed are the activities or test that students have to complete for each
lesson. The date of submission or return of module is also provided.

For most of the lessons, there are six parts. First is Let’s Hit these, which lists the
objectives to be achieved for each lesson. Second part is Let’s Get Started. This part provides the
starting activities for the topic. Let’s Find out gives the answer or an explanation to the activity
provided in Let’s Get Started. The third part is Let’s Read. In this, the students are provided with
readings which elaborate on the topic. Fourthly, it is followed by the part – Let’s Remember,
which provides a summary of the topic. Lastly is the Let’s do this part. Students are required to
do tasks which include answering tests or performing an activity. Rubrics for grading are also
provided to assess their learning of the topic.

Course Code: CLJ 11

Course Title: Human Rights Education

Course Description:

Course Outcomes:
At the end of the course, students must be able to:
1. Recognize the laws related to human rights.
2. Exemplify the values advanced by human rights education advocates- promoting
fairness, tolerance, and dignity and respect to the dignity of others.
3. Construct a case study analysis about the current situation/s of Human Rights
Education in the Philippines.

4.

CLJ 2 : Human Rights Education Page 5 of 36

 Introduction to Human Rights

Course Content:

As explained above, Human Rights (CLJ 2) introduces students the concept, theories,
principles and practice, discusses the functions to come up interventions addressing problems.
The table below shows the outline of the topics to be discussed in the lecture per week
vis-à-vis the course outcomes. It is designed based on the course syllabus approved by the
college Dean in the College of Arts and Sciences.

Week Course Learning Topics Assessment Date of

Outcome Submission
 Determine the Module 1 - Introduction
general nature I. General Nature
of Human and Definition
Rights (HR) of Human
Rights
 Identify the
history,  United Nation’s
theories of Definition
1 sources and/or  Philippine
development Commission on
of human Human Right’s
rights. Definition
 Man’s Responsibility Pen and September
in Human Society paper test 30, 2020/4th
 Basic Characteristics week of
Human Right’s September
Definition
 Classification of
Rights
 Categories of Human
Rights
 Human Rights
Without Any
Limitation
 The Second, Third
and Fourth
Generation Rights

II. History,
Theories of
Sources and
Development of
Human Rights

 Differentiate Theories of Sources of

the various Rights
types of  Religious or

CLJ 2 : Human Rights Education Page 6 of 36

 Introduction to Human Rights

theory in Theological
which Human Approach
Rights came  The Natural Law
from. Theory
 Historical Theory
 Recognize the  The Functional or
evolution of Sociological
HR both in the Approach
International  The Positivist Theory
arena and  The Marxist Theory
within the  Theory Based on
national Justice
perspective  Theory based on
Dignity of Man
 The Utilitarian
Theory
Human Rights as an
International Concern
 Origin of Human
Rights in the
Philippines
 Narrow Concept of
Human Rights in the
Philippines
 Status of Human
Rights in the
Philippines
 Philippine Foreign
Policy on Human
Rights

CLJ 2 : Human Rights Education Page 7 of 36

 Introduction to Human Rights

Course Requirements:
In general, the requirements of CLJ 2 are as follows:
 Case Analysis
 Case Study

Grading Criteria:
Requirement/Assessment Task Percentage
Major Course Output 50%
Major Exams 30%
Class Standing 20%
TOTAL 100%

Course Materials:
 Rubrics
 Course policies

References

Coquia, J. (2012). Human Rights. Manila: Central Bookstore.

Hardwick, N.-A. (2012, April). Theoretically Justifying Human Rights: A Critical Analysis.
London, UK.
Heard, A. (1997). Human Rights: Chimeria in Sheep's Clothing. Canada.
Marks, S. P. (2014). Human Rights: A Brief Introduction. Retrieved from Harvard University's
Dash repository: http://nrs.harvard.edu/urn-3:HUL.InstRepos:23586712
Ropiak, D. (2015). Commentary on Utilitarian Theory and Human Rights.
Sarmiento, A. R. (2014). Human Rights Law, Human Rights Culture. Manila: REX Bookstore.
Simon Jr., Et.al. vs. Commission on Human Rights, G.R. No. 100150 (Supreme Court January 5,
1994).
Verschraegen, G. (2002). Human Rights and Modern Society: A Sociological Analysis from the
Perspective of Systems Theory . Journal of Law and Society, 258 - 281.
Walters, G. J. (1995). INTRODUCTION: HUMAN RIGHTS IN THEORY AND PRACTICE.
Human Rights in Theory and Practice: A Selected and Annotated Bibliography, with an
Historical Introduction. Metuchen, New Jersey, USA: Scarecrow Press.

CLJ 2 : Human Rights Education Page 8 of 36

 Introduction to Human Rights

Module 1

Module Title: Introduction to Human Rights

Module Description:

This module provides readings and appropriate learning activities that are designed to
convey the nature and concepts of human rights. Learning activities help to develop the students
understanding and evoke insights about the topic/s.

Purpose of the Module:

This module contains three main lessons. At the beginning of the module, students are
required to answer a pre-test. A series of engaging activities are given each lesson to see if the
students acquired the insights that the course generally conveys. A post-test is also given at the
end of the module to see if the important concepts were learned.
Students are required to submit the outputs on or before the last week of September.

Module Guide:

The students are encouraged to work independently on given activities which are
prepared by the instructor to gauge the understanding of the students on a particular topic.

Module Outcomes:

o Explain the nature and concept of human rights

o Identify the sources, classifications and characteristics of human rights
o Discuss the historical turning points which prompted the codification of the
universal declaration of human rights and its historical developments
o Discuss the importance of human rights to an individual and the society as a
whole.

Module Requirements:

At the start of each lesson, a pre-test is given to assess the working knowledge of students
about the topic and an evaluation at the end of each lesson is also given to assess their
understanding on given discussions.

At the end of this module, the students will come up with an answered activity based on
what they learned.

CLJ 2 : Human Rights Education Page 9 of 36

 Introduction to Human Rights

Module Pretest:

Encircle the letter of the best answer.

1. It is a law which originated from the Stoics and elaborated by Greek philosophers
Plato and Aristotle and later by ancient Roman law.

A. Positivist Theory
B. Historical Theory
C. Functional or Sociological Approach
D. Natural Law Theory

2. Which theory or approach states that, “theological approach is valid as long as men
believe that God created them’.

A. Natural Theory
B. Theory based on Dignity of Man
C. Marxist Theory
D. Religious Approaches

3. Professors McDougal and Laswell follow the so-called _________________based on

protection of human dignity.

A. Value-oriented approach
B. Magna Carta of 1215
C. American Bill of Rights
D. Sociological approach

4. The ultimate goal of Theory based on Dignity of Man is a world community where
there is___________________ and ___________________.

A. Peace and equal rights

B. Democratic sharing and distribution of values
C. Respect and security
D. Justice and democracy

5. The ___________________, mainly based on the philosophy of English jurist Jeremy

Bentham.

A. Utilitarian Theory
B. Natural Law
C. Positivist Theory
D. Functional Approach

6. Human rights can be enforced without borders because human rights are:

CLJ 2 : Human Rights Education Page 10 of 36

 Introduction to Human Rights

a. Inalienable
b. Imprescriptible
c. Universal
d. Indivisible

7. Which of the following aspects of human rights are guaranteed by the 1987
Philippine Constitution thru the Commission on Human Rights?

a. Political rights
b. Civil rights
c. Economic rights
d. All of the above

8. International community must treat human rights in equal manner, same footing and
same emphasis because human rights are:

a. universal
b. interdependent
c. inalienable
d. non-discriminatory

9. We cannot enjoy civil and political rights unless we enjoy economic, cultural and
social rights consequently, we must enjoy economic cultural and social rights
(equality) to be able to enjoy civil and political rights (liberty) because human rights
are:

a. universal
b. interdependent
c. inalienable
d. non-discriminatory

10. Which of these rights does not belong to the 2nd generation of human rights?

a. environmental rights
b. right of self determination
c. right to education
d. right of self determination

Modified true or false. Write TRUE if the statement is correct. Write FALSE if the statement is
erroneous and write the correct answer which makes the statement false. Write your answers in
the space provided.

CLJ 2 : Human Rights Education Page 11 of 36

 Introduction to Human Rights

_________________1. Human rights are alienable because they cannot be rightfully taken
away from a free individual.
_________________2. Derogable rights are also known as absolute rights.
_________________3. The Second Generation of Human Rights covers collective rights.
_________________4. The First Generation of Human Rights covers civil and political
rights.
_________________5. 2nd generation of human rights include the right to form and join
organized unions.

Key Terms:

Non-derogable or Absolute Rights Statutory Rights Political Rights

Derogable or Relative Rights Individual Rights Economic and Social
Rights
Natural Rights Collective Rights Cultural Rights
Constitutional Rights Civil Rights

Learning Plan
Lesson No: 1

Lesson Title: Concept of Human Rights

Let’s Hit These:

At the end of this lesson, students should be able to:
 Analyze the development of human rights.
 Define human rights.
 Explain the significance of human rights education.

CLJ 2 : Human Rights Education Page 12 of 36

 Introduction to Human Rights

Let’s Get Started:

Activity 1. Analyze and comment what the pictures are trying to convey.

Let’s Find Out:

If you carefully analyze the pictures above, it depicts how people are clamoring in
protests for certain recognition. The pictures represent how some segments in our society tries to
lobby equality and respect for what they believe to be their rights. Why do you think some
people would go to streets and be burdened by lobbying for recognition even those of other’s
rights? What do you think could be the impact on our state if we fail to recognize discriminations
amongst our community?

The pictures above would give you an insight on the possible effect when governments or
society in general fail to acknowledge people’s rights. More so, if the violations pertain to the
rights which are essential in every person’s existence. What do you think could have been the
result of the violations of people’s basic rights throughout history? These essential rights are the
very core of this course. Thus, the human rights education.

CLJ 2 : Human Rights Education Page 13 of 36

 Introduction to Human Rights

Let’s Read:

Human rights violations date back to as early as the biblical times. Biblical accounts tell us
that Jesus Christ, the founder of Christianity, himself was denied his due process when he was
unjustly tried, sentenced to death and crucified in the most inhuman manner.

I bet you all have seen the “Spolarium” of Juan Luna—reflecting the scene in the
Spolarium—the place where dead slave warriors are piled up during the Roman Empire when
human battles were considered legal and a sort of entertainment for kings and royalties; or are you
familiar with the films Django Unchained or 12 years of slave? These stories were not just made
for arts’ sake or entertainment. There are truths to these stories—that’s the sad truth, we live in a
world where these stories happened, are happening and where more human rights violations could
have happened every day.

What exactly is the concept of human rights?

Human rights are aggregate of privileges, claim, benefits, entitlements and moral
guarantees that pertain to man because of his humanity. It is a system of values or elements
which are inherent to human dignity. [ CITATION Att14 \l 1033 ]

Human rights are universal legal guarantees protecting individuals and groups
against actions which interfere with fundamental freedoms and human dignity. Human
rights are generally defined as those rights which are inherent in our nature and without which, we
cannot live as human beings. These rights and fundamental freedoms allow us to develop and use
our human qualities, intelligence, talents and conscience, and to satisfy our spiritual and other
needs. The dignity of man and human life is inviolable. From the dignity of man is derived the
right of every person to free development of his personality. It's the essence of these rights that
make man human. [ CITATION Jor12 \l 1033 ]

CLJ 2 : Human Rights Education Page 14 of 36

 Introduction to Human Rights

Characteristics of Human Rights

“Human rights” are:

1. Fundamental because without our human rights the life and dignity of man will be
meaningless;
2. Inalienable because it cannot be rightfully taken away from a free individual;
3. Imprescriptible because they cannot be lost even by a long passage of time;
4. Indivisible because they are not capable of being divided; enjoying other rights will not
be a reason for the others to be denied;
5. Universal which means it applies to all irrespective of their origin, status or condition or
place where they live; and
6. Interdependent such that the fulfillment and exercise of one cannot be had without the
realization of the other.

Classifications of Human Rights

 As to Source:

A. Natural rights—God- given rights, acknowledged by everybody to be

morally good.
B. Constitutional rights—those rights which are conferred and protected by
the Constitution.
C. Statutory rights—those rights which are provided by law promulgated by
the law-making body and, consequently, may be abolished by the same body.

 According to recipient:

CLJ 2 : Human Rights Education Page 15 of 36

 Introduction to Human Rights

A. Individual Rights—those rights being accorded to individuals.

B. Collective rights—also called “people’s rights” or “solidarity rights”, are
the rights of the society, those which can be enjoyed only in the company of
others.

 According to aspect of life

A. Civil rights—those rights which the law will force at the instance of private
individuals for the purpose of securing to them the enjoyment of their happiness.
B. Political rights—those rights which enables us to participate in running the affairs
of the government either directly or indirectly.
C. Economic and Social rights—those which the law confers upon the people to
enable them to achieve social and economic development, thereby ensuring them
their well-being, happiness and financial security.
D. Cultural rights—those rights that ensure the well-being of the individual and
foster the preservation, enrichment, and dynamic evolution of national culture based
on the principle of unity in diversity in a climate of free artistic and intellectual
expression.

 According to struggle and recognition

A. First Generation of Human Rights—covers civil and political rights which

derives primarily from the 17th and 18th centuries reformist theories e.g. Locke,
Hobbes, etc., and which are associated with the English, American and French
revolutions. It conceives of human rights more in negative (“freedoms from”) than
positive (“rights to) terms; it favors the abstention rather than the intervention of
government in the exercise of freedoms and in the quest for human dignity. It serves
as the protection the individuals from the arbitrary exercise of police power.

CLJ 2 : Human Rights Education Page 16 of 36

 Introduction to Human Rights

B. Second Generation of Human Rights—covers economic, social and cultural

rights which find their origin primarily in the socialist tradition and have been
variously promoted by revolutionary struggles and welfare movements. It conceives
of human rights more in positive terms, i.e. “right to…” They are fundamental
claims to social equality.
C. Third and Fourth Generation Human Rights— covers collective rights. While
drawing upon, interlinking and reconceptualizing value demands associated with the
first and second generations of rights, it is best understood as a product, albeit one
still in formation, of both the rise and decline of the nation-States in the last half of
the 20th century.

 According to derogability

A. Non-derogable— those that cannot be suspended nor taken away nor restricted/
limited even in the extreme emergency and even if the government invokes national
security.
B. Derogable or relative rights—those that may be suspended or restricted or
limited depending on the circumstances which call for the preservation of social life.

Let’s Remember:

Human rights are generally defined as those rights, which are inherent in our
nature and without which, we cannot live as human beings.

Human rights and fundamental freedoms allow us to develop and use our human
qualities, intelligence, talents and conscience, and to satisfy our spiritual and other needs.
The dignity of man and human life is inviolable. From the dignity of man is derived the
right of every person to free development of his personality.

CLJ 2 : Human Rights Education Page 17 of 36

 Introduction to Human Rights

The denial of human rights and fundamental freedom not only is an individual and
personal tragedy, but also creates social and political unrest, sowing the seeds of violence
and conflict within and between societies and nations. As the first sentence of the
Declaration of Human Rights states, “respect for human rights and human dignity is the
foundation of freedom, justice and peace in the world.” [ CITATION Jor12 \l 1033 ]

Human rights are characterized as fundamental, imprescriptible, indivisible,

universal, and interdependent. It can be simply classified according to its source, to its
recipient, as to aspect of life, according to its struggle or recognition and according to its
derogability. Human person possesses rights because of the very fact that it is a person, a
whole, master of itself and of its acts and which consequently is not merely a reason to an
end but an end which must be treated as such.[ CITATION Att14 \l 1033 ]

Let’s Do This:
Direction: Get one whole sheet of yellow paper and explain the following.
Each item will be graded five points. Use the criteria below to construct your answer.

1. What do you understand by human rights?

2. Human rights are Fundamental. Why? Give examples.
3. Human rights are Imprescriptible. Why? Give examples.
4. Human rights are Indivisible. Why? Give examples.
5. Human rights are Universal. Why? Give examples.
6. Human rights are Interdependent. Why? Give examples.
7. Human rights are characterized as Inherent. Why? Give examples.
8. What do you mean by 2nd generation of human rights? Give examples.
9. What are the 3rd and 4th generation of human rights? Give examples.

10. Problem:

Mr. X has been charged with violation of R.A. 9208 or the Human Trafficking
Law. He has been tried and convicted for the said crime in the Regional Trial

CLJ 2 : Human Rights Education Page 18 of 36

 Introduction to Human Rights

Court of Calbayog City. Mr. X, believing that he was unjustly convicted,

wanted to appeal the decision to the appellate court. The right to appeal is
guaranteed under the law. However, 13 days later his lawyer withdrew from
the case. Failing to secure the help of another counsel, the decision became
final. Under the law, a decision becomes final after 15 days without filing an
appeal. Mr. X still wanted to appeal the decision on the ground that his human
right has been violated when his right to appeal is denied and that the right to
appeal is imprescriptible.

Do you agree with Mr. X’s contention (that the denial of his appeal
constitutes human rights violation)? Explain. (7 pts)

Let’s Check:
Criteria for Checking:
Insight into subject– 3 pts.
Originality -1 pt.
Sentence construction – 1 pt.

Total: 5 points

Suggested Readings:

Human Rights Basics. TheAdvocatesForHumanRights.Org.

https://www.theadvocatesforhumanrights.org/human_rights_basics

Learning Plan
Lesson No: 2

Lesson Title: Theories of Sources of Human Rights

Let’s Hit These:

At the end of this lesson, students should be able to:
 Differentiate the theories related to Human Rights.
 Discuss the historical origins of the human rights.

CLJ 2 : Human Rights Education Page 19 of 36

 Introduction to Human Rights

Let’s Get Started:

Activity 2.

Do you believe that men evolved from apes? Make a comment on it.

Let’s Find Out:

Do you believe that men evolved from apes? This must be a popular question about the
origin of men. Some may agree while most would refuse to be likened to an ape. A lot of
explanation came up about this subject but just like how the origin of men is a popular topic for
discussion, so are the sources of our human rights.
The picture above tells us a famous theory about the origin of men. Now, let’s discuss the
different theories in regard to sources of our human rights.

Let’s Read:

Ancient history tells us that Rulers were despotic and tyrannical, and citizens rose against
the injustices that they have long suffered. Men revolted against the concept of the "Divine Right
of Kings." In the Middle Ages, the Magna Carta was delivered by King John in 1215. It is

CLJ 2 : Human Rights Education Page 20 of 36

 Introduction to Human Rights

regarded as the first English Constitution that guaranteed the personal liberties and civil rights.
The Americans revolting against the English King in 1776 declared their own Bill of Rights. The
French in 1789 proclaimed the Declaration of the Rights of Man where it was declared that all
men are born free and equal and affirmed the inalienable rights of man. Eventually most
democratic countries adopted in their respective constitutions their own Bill of Rights.

But how did men even come up with human rights as we know it? Below are some of the
popular theories of the sources of human rights.

Theories of Sources of Human Rights

A. Religious or theological approach - doctrine of a Supreme Being, the creator, the Father
of all humanity. Central is the concept of the dignity of man as a consequence of human
rights, and therefore the rights are universal, inalienable and cannot be denied by mortal
beings (men).

The earliest direct precursor to human rights might be found in the notions of
“natural right” developed by classical Greek philosophers, such as Aristotle, but this
concept was more fully developed by Thomas Aquinas in his Summa Theologica. For
several centuries Aquinas’ conception held sway: there were goods or behaviours that
were naturally right or wrong because God ordained it so.[ CITATION Hea97 \l 1033 ]

During the Renaissance and the decline of feudalism, the shift from natural law as
duties to natural law as rights grew in strength. The Magna Carta of 1215 defined the
rights of English barons and citizens against the crown, grounding its limitation of royal
patronage and exploitation, and affirming the right to religious freedom by appeal to the
authority of tradition and God. Hugo Grotius (1583-1645), signals the turning point away
from the Scholastic tradition with his detailed study of The Rights of War and Peace. He
upheld the idea that the natural law would still have validity even if one conceded "that
which cannot be conceded without the utmost wickedness, that there is no God, or that

CLJ 2 : Human Rights Education Page 21 of 36

 Introduction to Human Rights

the affairs of men are no concern to Him (etiamsi daremus non esse Deum). [ CITATION
Gre95 \l 1033 ]

B. Natural Law - the conduct of men must always conform to the law of nature, and this
theory is detached from religion. The natural characteristics of human beings are the
social impulse to live peacefully and in harmony with others, and whatever conformed to
the nature of men was right and just. Whatever is disturbing to social harmony is wrong
and unjust.

As the ecclesiastical authority was shaken and challenged by rationalism,

philosophers argued for new bases of natural right. Thomas Hobbes posed the first
major assault in 1651 on the divine basis of natural right by describing a state of
nature in which God did not seem to paly any role. Perhaps more importantly,
however, Hobbes also made a crucial leap from “natural right” to “a natural
right”. In other words, there was no longer just a list of behaviour that was
naturally right or wrong; Hobbes added that there could be some claim or
entitlement which was derived from nature. In Hobbes’ view, this natural right
was one of self-preservation. [ CITATION Hea97 \l 1033 ]

C. Positivist - states that all rights and authority come from the state and what officials have
promulgated, that rights are enjoyed if recognized and protected by legislation
promulgated by the state.

John Locke imagines a similar state of nature to that of Hobbes – a

dangerous place, without laws where men may do as they “think fit”. Unlike
Hobbes however, Locke views man as peaceful in nature and his desire for
happiness and safety motivate him to form a civil society or government, putting
every man “under an obligation to everyone of that society to submit to the
determination of the majority, and to be concluded by it”. [ CITATION Nic12 \l 1033 ]

CLJ 2 : Human Rights Education Page 22 of 36

 Introduction to Human Rights

Legal positivists regard human rights as resulting from a formal norm-

creating process, by which we mean an authoritative formulation of the rules by
which a society (national or international) is governed. While natural rights derive
from natural order or divine origin, and are inalienable, immutable, and absolute,
rights based on positive law are recognized through a political and legal process
that results in a declaration, law, treaty, or other normative instrument. These may
vary over time and be subject to derogations or limitations designed to optimize
respect for human rights rather than impose an absolute standard. They become
part of the social order when an authoritative body proclaims them, and they
attain a higher degree of universality based on the participation of virtually every
nation in the norm-creating process, a process that is law-based but that reflects
compromise and historical shifts.[CITATION Mar14 \l 1033 ]

D. Marxist - emphasizes the interest of society over an individual's interest – communism.

For Karl Marx (1818-83), legal relations and forms of the state are not
grasped from "the general development of the human mind," but rather have their
roots in the material conditions of life and the anatomy of civil society as
determined by political economy. Natural right and rights are individualistic and
abstract. Human emancipation requires ending the division between man as an
"egoistic being" in civil society and man as an "abstract citizen" in the state. The
so-called right to liberty is merely the right of "separation of man from man...The
right of the circumscribed individual, withdrawn into himself" whose practical
application is the right of private property, that is, the right of self-interest. The
right to equality has no political significance either, but is merely a right to liberty
defined in terms of every person being "equally regarded as a self-sufficient
monad." The right to security is nothing more than a police concept that merely
assures civil society's egoism. [ CITATION Gre95 \l 1033 ]

E. Functional or sociological approach - human rights exist as a means of social control,

that human rights exist to serve the social interests of society. This approach was
developed in the early 20th century when there were demands for a variety of wants, as

CLJ 2 : Human Rights Education Page 23 of 36

 Introduction to Human Rights

help for the unemployed, handicapped, underprivileged, minorities and other

disadvantaged groups.

According to Niklas Luhmann, a German Sociologist, the emergence of

international human rights can be seen as a response to the functional
differentiation of modern ‘world society’. Functional differentiation and the
emergence of human rights are thus complementary historical processes. In
Grundrechte als Institution, the only separate study he devoted to constitutional
and human rights, Luhmann argues more particularly that fundamental freedoms
and human rights are not transhistorical but he considers them as mechanisms for
protecting and stabilizing the functionally differentiated society. By
institutionalizing fundamental freedoms and human rights, modern society
protects its own structure against (ever present) tendencies towards regression or
de-differentiation. In other words, human rights ensure that the differentiation
between different functional subsystems is maintained. By, for instance,
institutionalizing religious freedom and freedom of conscience, modern society
prevents the continuous interference of religion and politics. At the same time,
Luhmann argues, human rights ensure the protection of individual spheres of
action typical for modern society. As we shall see, with the transition towards
functional differentiation, the position of the individual becomes fragile. Hence,
the fundamental freedoms and human rights institutionalize specific mechanisms
to increase stability and protection of the individual. [ CITATION Ver02 \l 1033 ]

F. Utilitarian Theory - principle that requires governments to maximize the total net sum
of citizens. It emphasizes that an individual cannot be more important than the entire
group. An act is good only when it takes into consideration the interests of the society
and tends to augment the happiness of the entire community.

The core foundation of utilitarianism is the “greatest happiness principle”.

It simply states that “actions are right in proportion as they tend to promote
happiness and wrong as they tend to produce the reverse of happiness”.

CLJ 2 : Human Rights Education Page 24 of 36

 Introduction to Human Rights

Utilitarian actions are based solely on its contributions for the greater good of all
people. It adopts four mechanisms: welfarism, consequentialism, egalitarianism,
and maximization. Utilitarianism is primarily welfarist in its philosophy. The core
foundation of utilitarianism is the “greatest happiness principle”. It simply states
that “actions are right in proportion as they tend to promote happiness and wrong
as they tend to produce the reverse of happiness”. Utilitarian actions are based
solely on its contributions for the greater good of all people. It adopts four
mechanisms: welfarism, consequentialism, egalitarianism, and maximization.
Utilitarianism is primarily welfarist in its philosophy. The core foundation of
utilitarianism is the “greatest happiness principle”. It simply states that “actions
are right in proportion as they tend to promote happiness and wrong as they tend
to produce the reverse of happiness”. Utilitarian actions are based solely on its
contributions for the greater good of all people. It adopts four mechanisms:
welfarism, consequentialism, egalitarianism, and maximization. Utilitarianism is
primarily welfarist in its philosophy. [CITATION Rop15 \l 1033 ]

G. Theory based on Justice - each person has equal rights to the whole system of liberties.
The general conception of justice is one of fairness and those social primary goods such
as opportunity, income and wealth and self-respect are to be distributed equally.

H. Theory based on Equality and Respect - government must treat all their citizens
equally, and must intervene in order to advance the general welfare.

I. Theory based on the Dignity of man - this theory proceeds on the premise that human
rights means sharing values of all identified policies upon which human rights depend on.
The ultimate goal of this theory is a world community where there is democratic sharing
and distribution of values. All available resources are utilized to the maximum and the
protection of human dignity is recognized. This is better referred to as policy science
approach.

Let’s Remember:

CLJ 2 : Human Rights Education Page 25 of 36

 Introduction to Human Rights

These theories are studied to give us a clearer picture in understanding the human rights
concepts. Although these are just theories, they give us a deeper idea of how human rights
evolved and the basis of our supposed treatment and view on their existence.

Some of the popular theories of the sources of human rights are based on religion, the
natural law, positivist theory, Marxist theory, based on sociological approach, utilitarian theory,
on the basis of justice, dignity of man, equality and respect. Each of these theories gives us a
hindsight on why men stood up against the histories of denial of their rights.

Let’s Do This:
Activity 3.
Direction: Answer the following activities in a separate sheet of paper.

1. Among the nine theories mentioned, which of those do you believe the most to be the reason
why we should recognize each other’s human rights? Why? Justify your answer. Cite example/s
if needed.
(Explain in at least five (5) sentences)

2. Differentiate the following using the diagram below.

Religious or
theological Natural Law Positivist Marxist
approach

THEORIES OF
SOURCES OF HUMAN
RIGHTS

Theory based on Theory based on Functional or Utilitarian Theory based

Equality and the Dignity of sociological Theory on Justice
Respect man approach

CLJ 2 : Human Rights Education Page 26 of 36

 Introduction to Human Rights

Rubric:
Insight into subject- 2pts
Sentence construction – 1 pt.
Organization of ideas- 2 pts.

Total: 5 points

Let’s Check:

Answered activity will be submitted after the given time. Rubric will be the basis
of checking.

Suggested Readings:

Heard, A. (1997). Human Rights: Chimerias in Sheep’s Clothing?

https//www.sfu.ca/~aheard/intro.html

Learning Plan
Lesson No: 3

Lesson Title: Human Rights as an International and Local Concern

Let’s Hit These:

At the end of this lesson, students should be able to:

 Cite the constitutional policy of the Philippines on human rights.
 Discuss the historical events which provoked the Filipinos to cite human rights as
a local concern and the history of human rights recognition in the international
arena.

Let’s Get Started:

Activity 3.

What comes to your mind when you see the photos below?

CLJ 2 : Human Rights Education Page 27 of 36

 Introduction to Human Rights

Give your comment.

Let’s Find Out:

The pictures above show diverse violence around the world. Issue of racism, discrimination,
violence against women and children and deprivation of rights to express against the
government, to name a few. These are only some of the violence that advocates are trying to
eradicate in the society. Do you know some? What else can you think of?
From these, let’s take a look at how human rights were introduced in the Philippines as well
as in the international arena.

Let’s Read:

International Human Rights

The horrors of World War II led to the creation of a Universal Human Rights System,
facilitated by the then—new United Nations. Hence, the struggle for the respect of human rights
which was originally a domestic or national issue became an international concern.

On December 10, 1948, the basic norms and standards of the human rights
were proclaimed through the Universal Declaration of Human Rights (UDHR).
As a mere declaration, its provisions were not legally binding on States.

In 1996, the International Covenant on Civil and Political Rights, amplifying the
CLJ 2 : Human Rights Education
human rights principles in the UDHR was adopted. The human rights conceptPage 28 of 36
was further broadened with the adoption of the International Covenant on
Economic, Social and Cultural Rights in the same year.
 The human rights provisions of the United Nations Charter, the Universal
Declaration of Human Rights and these two covenants earlier mentioned are
now known as the INTERNATIONAL BILL OF HUMAN RIGHTS. The two
Introduction
covenants are binding on all states that signed and ratified them.to Human Rights

The Second World War was the defining event for the internationalization of human
rights. In 1940, H.G. Wells wrote The Rights of Man or What are We Fighting For?; Roosevelt
announced the “four freedoms” (freedoms of speech and worship and freedoms from want and
fear) in his 1941 State of the Union address; the UN Charter established in 1945 an obligation of
all members to respect and observe human rights and created a permanent commission to
promote their realization; the trial of Nazi doctors defined principles that were codified in the
Nuremberg Code in 1946; and the Nuremberg Trials, in 1945–46, of 24 of the most important
captured leaders of Nazi Germany, established individual criminal responsibility for mass human
rights violations. Each of these events connected with World War II has had major repercussions
for human rights today. In the War’s immediate aftermath, bedrock human rights texts were
adopted: the Genocide Convention and the Universal Declaration of Human Rights in 1948, the
Geneva Conventions in 1949, followed in 1966 by the International Covenants on Human Rights
and scores of UN and regional human rights texts on issues such as torture, the rights of the
child, minorities, discrimination against women, and disability rights, along with the creation of
investigative and accountability procedures at the intergovernmental level. Individual criminal
responsibility for mass violations of human rights re-emerged—after the hiatus of the Cold War
—in the ad hoc tribunals on Rwanda and former Yugoslavia and finally in the International
Criminal Court. [ CITATION Mar14 \l 1033 ]

Human Rights in the Philippines

While the International arena was prompted by the World War II to develop a system of
human rights, the Philippines also has its own share of human rights origin and history. With a

CLJ 2 : Human Rights Education Page 29 of 36

 Introduction to Human Rights

long history of colonization, Human rights violations and the struggles to put a stop to it is not
foreign to the Filipino people.

Jose Rizal, the national hero of the Philippines was executed on December 30,
1896 at Bagumbayan for his written works denouncing the abuses of the
Spanish authorities and church friars committed on the Filipinos. He was
1896 arbitrarily arrested and tried by his own persecutors.

On June 20, 1899, the Malolos COnstitution has been adopted establishing a
Republican government, contained several provisions on civil and political
rights, guaranteeing freedom from arbitrary arrest and detention, freedom from
1899 searches and seizures, freedom to choose domicile and freedom of religion.

Upon assumption of U.S. sovereignty over the Philippines, President

McKinley directed the application of the American Bill of Rights
1901 through his instruction to the Philippine Commission in 1901.

Said principles were reiterated in the Philippine Bill of 1902, the Philippine
Autonomy Act 1916, otherwise known as the Jone Law, and the Philippine
Independent Act of 1934, known as the Tydings Mcduffie Law. The first
1935 Philippine Constitution was adopted in 1935 which contained the Bill of Rights.

The Filipinos were temporarily deprived of the enjoyment of the civil and
political rights (embodied in the Bill of Rights) during the military rule of Japan
from 1942 to 1944 but were immediately restored in 1945.
1942-
1944

TheFilipinos were again subjected to violation of human rights during

the authoritarian regime of former President Ferdinand Marcos
1973 whose administration adopted the 1973 Constitution.

CLJ 2 : Human Rights Education Page 30 of 36

 Introduction to Human Rights

The 1986 Constitution was adopted after the 1986 EDSA Revolution which
ousted President Marcos and ended the authoritarian rule. The new
Constitution categorically states that "the State values the dignity of every
1987 human person and guarantees full respect for human rights." (Art. III, Section
11)

A signatory of 26 International Human Rights Instruments, the

Philippines has the biggest number of ratifications of human rights instruments among the Asian
states.

Scope of Human Rights in the Philippines

Apparently, the delegates who drafted the 1986 Constitution were not fully aware of the
broad concepts of human rights as envisioned in the International Bill of Human Rights
consisting of the International Covenant on Civil and Political Rights and International Covenant
in Economic, Social and Cultural Rights and the various international instruments on human
rights adopted by the UN and other international organizations.

Philippine jurisprudence also reveals the narrow concept of human rights under the
Constitution. Thus, the following case:

MAYOR SIMON, JR., CARLOS QUIMPO, CARLITO ABELARDO, AND

GENEROSO OCAMPO, vs.COMMISSION ON HUMAN RIGHTS,
ROQUE FERMO, AND OTHERS AS JOHN DOES.[ CITATION Sim94 \l 1033 ]

FACTS

Quimpo, one of the petitioners, is an Executive Officer of the QC Integrated

Hawkers Management Council under the Office of the City Mayor. Private respondents
are officers and members of the North EDSA Vendors Association Incorporated
(NEVAI).

CLJ 2 : Human Rights Education Page 31 of 36

 Introduction to Human Rights

Quimpo informed NEVAI that their stalls should be removed from the questioned
premises to give way to People’s Park. Quimpo later on signed a DEMOLITION
NOTICE, which was sent to NEVAI giving a grace period of 3 days (until July 12 1990)
to vacate the questioned premises of North EDSA.

On July 12 1990, NEVAI, led by their Pres. Fermo filed a complaint with CHR.
NEVAI wanted CHR to write a letter to Mayor Simon to stop the demolition of NEVAI’s
stalls, sari-sari stores and carinderia along North EDSA.

CHR issued an order in favor of NEVAI directing petitioners to desist from

demolishing stalls and shanties at North EDSA pending the resolution of the vendors
complaint before the Commission and ordering petitioners to appear before the HR.

On July 28 1990, petitioners carried out the demolition and as a result, CHR came
out with a resolution ordering the disbursement of financial assistance of not more than
P200,000.00 in favor of NEVAI to purchase light housing materials and food under the
Commissions supervision and directed petitioners to desist from further demolition, with
warning that violation of order would lead to a citation for contempt and arrest.

ISSUES

Whether or not CHR has the jurisdiction to investigate alleged violations of the
business rights of private respondents whose stalls were demolished by petitioners at
instance and authority given by the Mayor?

RULING OF THE SUPREME COURT

CHR’s investigative power

CLJ 2 : Human Rights Education Page 32 of 36

 Introduction to Human Rights

Section 18, Article XIII, of the 1987 Constitution - empowers the Commission on
Human Rights to "investigate, on its own or on complaint by any party, all forms of
human rights violations involving civil and political rights"

What are sought to be demolished are the stalls, sari-sari stores and carinderias as
well as temporary shanties, erected by private respondents on a land which is planned to
be developed into a "People's Park". The land adjoins the North EDSA of Quezon City
which is a busy national highway. The order for the demolition of the stalls, sari-sari
stores and carinderia of the private respondents do not fall within the compartment of
"human rights violations involving civil and political rights" intended by the Constitution.

Let’s Remember:

Human Rights was introduced to the Philippines when Jose Rizal wrote about the
abuses of the Spanish authorities in his books and he was executed for it. Since 1896 the
educated Filipinos were already aware of the American and English Bill of Rights, and the
Malolos Constitution was adopted in 1899. It contained provisions that guaranteed
freedom from arbitrary arrest and detention, freedom from searches and seizures, freedom
to choose domicile and freedom of religion.
Generally, the historical events in the Philippines which prompted the Filipinos to
protect and promote human rights include the Colonial Spanish regime when economic
and class discrimination was rife, Military Rule of Japan from 1942-1944 and the
declaration of Martial Law by former President Ferdinand Marcos.

While the Universal Declaration of Human Rights (UDHR) was brought about by
the tragic events during world war II. However, to be legally binding among nations, the
UDHR was transformed into and had been the constant subject of international covenants
thereafter. These covenants were codified to be the now—International Bill of Human
Rights.

Let’s Do This:

CLJ 2 : Human Rights Education Page 33 of 36

 Introduction to Human Rights

Direction.: Answer the following questions in a separate sheet of paper.

1 . What were the circumstances that brought out the concept of human rights in ancient
history?

2. What famous documents in history that contained concepts of human rights? Briefly
discuss of these documents.

3. Explain why human rights became an international concern.

4. How are human rights introduced in the Philippines?

5. What historical events in the Philippines prompted Filipinos to protect and promote
human rights?
6. What consist of International Bill of human rights?

7. State and explain the constitutional policy of the Philippines on human rights.

Let’s Check:

Answered activity will be checked based on this rubric:

Discussion -2 pts.
Organization of ideas- 1 pt.

Total - 3 pts.

Suggested Readings:

Shiman, D. (1998). Human Rights Here and Now. [online]

https://hrlibrary.umn.edu/edumat/hreduseries/hereandnow/Part-2/HRE-intro.htm
http://hrlibrary.umn.edu/edumat/hreduseries/hereandnow/Part-1/short-history.htm

Hardwick, N-A. (2012). Theoretically Justifying Human Rights: A Critical Analysis.

[online]
https://www.e-ir.info/2012/08/05/theoretically-justifying-human-rights-a-critical-
analysis/

CLJ 2 : Human Rights Education Page 34 of 36

 Introduction to Human Rights

Module Post Test:

If we will carefully study the history of human rights’ recognition whether locally
or international, we would notice that the demand for human rights are prompted by significant
events portraying upright violations leading people to question their human dignity as well. To
acknowledge events and issues affecting human rights in turn gives people a better perspective
towards appreciation of each other.

As your final assessment for this module, cite (1) international and (1) local news
article which discusses an issue in relation to human rights and discuss your understanding about
the issue, give your comments to and your suggestion on how people may address the said issues
concerning human rights. Use the following format:

Margins: 1 inch on all sides

Font: Times New Roman
Font Size: 12
Spacing: 1.5
Minimum (per issue): 15 pages (excluding the article)
Maximum: 20 pages

References

Coquia, J. (2012). Human Rights. Manila: Central Bookstore.

Hardwick, N.-A. (2012, April). Theoretically Justifying Human Rights: A Critical Analysis.
London, UK.
Heard, A. (1997). Human Rights: Chimeria in Sheep's Clothing. Canada.
Marks, S. P. (2014). Human Rights: A Brief Introduction. Retrieved from Harvard University's
Dash repository: http://nrs.harvard.edu/urn-3:HUL.InstRepos:23586712
Ropiak, D. (2015). Commentary on Utilitarian Theory and Human Rights.
Sarmiento, A. R. (2014). Human Rights Law, Human Rights Culture. Manila: REX Bookstore.

CLJ 2 : Human Rights Education Page 35 of 36

 Introduction to Human Rights

Simon Jr., Et.al. vs. Commission on Human Rights, G.R. No. 100150 (Supreme Court January 5,
1994).
Verschraegen, G. (2002). Human Rights and Modern Society: A Sociological Analysis from the
Perspective of Systems Theory . Journal of Law and Society, 258 - 281.
Walters, G. J. (1995). INTRODUCTION: HUMAN RIGHTS IN THEORY AND PRACTICE.
Human Rights in Theory and Practice: A Selected and Annotated Bibliography, with an
Historical Introduction. Metuchen, New Jersey, USA: Scarecrow Press.

CLJ 2 : Human Rights Education Page 36 of 36