Human Rights - PPT Presentation - A.1 To A.5 - Edited

Classification of Human Rights
Outline
Classification of Human Rights
• First Generation of Rights (Civil and Political Rights)

- Articles 1, 6 – 27 ICCPR; SIMON JR. V. CHR, 1/5/94
• a.1 Right to life
- Article 6 (1), (2), (4), ICCPR; Secs. 1 & 19 (1), Art. III, 1987 Philippine Const; PP V. ECHEGARAY, 2/7/97
• a.2 Freedom against torture and inhuman prison conditions

- Articles 7, 10, ICCPR; Section 19 (2), Article III, 1987 Const; Art. 1, Convention Against Torture and Other Cruel or Degrading
Treatment; PP V. GALIT, 3/20/85
• a3. Equality before the Law

- Article 26, ICCPR; Sec 1, Art III, 1987 Constitution
• a.4 Right to liberty; freedom from arbitrary arrest

- Arts 8, 9, 11, ICCPR; Secs 2, 12, 15, 18, Art. III, 1987 Const; Sec 5, Rule 113, Revised Rules on Crim Procedure 9
• a.5 Freedom against slavery

- Art 8, ICCPR; Sec 18 (2), Art III, 1987 Const
Generation of Rights
The international community recognized a number of fundamental rights based on
the evolution of the concept in the global society.
This led to the development of human rights in a chronological order known as the
generations of human rights.
Karel Vasak
▪ introduced the idea of three generations of
human rights
1st civil and political rights
2nd economic, social and cultural rights
3rd solidarity rights
First generation of rights (civil & political rights)
• The initial form of natural rights.
• Originated during the English Revolution of the 17th century and the
French and American Revolution of the 18th century and have two Main
ideas: Personal liberty and Protecting individuals against violations
by state.
▪ Civil rights: right to life (not to be subjected to torture or killing),
freedom of expression, freedom of belief and equality.
▪ Political rights: participation in the life of the community, the right
to vote and the right to join political parties, etc.
▪ Often seen as a manifestation of negative rights
First generation of rights (civil & political rights)
The substantive rights under this 1st generation are

treated in the Article 3 to Article 21 of the UN
Declaration and Article 1, 6-27 of the International
Covenant on Civil and Political Rights (ICCPR)
International Covenant on Civil and Political Rights (ICCPR)
Article I Individual’s Right to Self-determination
Recognizes the right of all people to self-determination, including the

right to "freely determine their political status", pursue their economic,
social and cultural goals, and manage and dispose of their own resources.
It recognizes a negative right of a people not to be deprived of its means

of subsistence, and imposes an obligation on those parties still
responsible for non-self governing and trust territories (colonies) to
encourage and respect their self-determination.
International Covenant on Civil and Political Rights (ICCPR)
ARTICLE SUMMARY
ARTICLE SUMMARY
XVI Right to recognition everywhere as a person
VI Inherent right to life
XVII Right to privacy and protection by law
VII Freedom from torture and inhuman
treatment XVIII Right to freedom of thought, conscience and religion.
VIII Freedom from slavery XIX Right to hold opinions without interference
IX Right to liberty and security to a XX Prohibition against any propaganda of war
person XXI Right to peaceful assembly
X Treatment of prisoners XXII Right to freedom of association
XI Non imprisonment on inability to fulfil XXIII The right to marry and found a family
a contractual obligation
XXIV Rights of a child
XII Liberty of movement and freedom to
XXV Right to opportunity
choose residence
XIII Treatment of aliens
XXVI The right to equality before the law and equal
XIV Equality before the law protection
XV Right to due process XXVII Rights of minority groups
SIMON JR. V. CHR, 1/5/94
• The Office of the City Mayor of Quezon City ordered the demolition of stalls, etc.
• Private respondents, the officers and members of North EDSA Vendors Association, Inc., filed
a letter-complaint with the CHR to stop the demolition.
• The CHR ordered the petitioners to desist from further demolition. The petitioner filed a
motion to dismiss. The demolition was carried out. CHR cited them for contempt and imposed
a fine.
WON the order for the demolition of stalls can fall within the compartment of human
rights violation involving civil and political rights intended by the Constitution.
The CHR does not possess any adjudicatory power. It can only
investigate, i.e. receive and make findings of facts as regards claimed
human rights violations involving civil and political rights. Fact-finding is
not adjudication and cannot be likened to the judicial function of a court
of justice, or even a quasi-judicial agency.
SIMON JR. V. CHR, 1/5/94
Human rights are the basic rights which inherent in man by virtue of his humanity. It includes civil rights,
political rights, social rights, economic and cultural rights.
Civil rights are those rights appertaining to a person by virtue of his citizenship in a state or community. Civil
rights include the right to life, liberty, and property, marriage, equal protection of the laws, freedom of
contract, freedom of speech, of the press, of religion, academic freedom, and the rights of the accused to due
process of law.
Political rights, on the other hand, are the right to participate, directly or indirectly, in the establishment or
administration of government. Political rights include the right of suffrage, the right to hold public office, the
right of petition elect public officials, right to be elected to public office, and to form political associations and
engage in politics.
In this case, the order for the demolition of the stalls, sari-sari stores and carenderia of the private
respondents do not fall within the compartment of "human rights violations involving civil and political
rights" intended by the Constitution. Therefore, the CHR does not have the power to investigate on the
claimed violations.
Rights under the 1st Generation
Right to life
Every human being has the inherent right to life[1]. Article III,
Sec. 1 of the Constitution provides that “No person shall be
deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws”.
This means to guarantee the right of a person to be alive and to
fully enjoy life with dignity and honor, and the government is
obliged to take positive measures to protect the life of every
individual.
Right to life
• The right not to be deprived of life is limited to arbitrary deprivation of

life. It follows that not every action that results in death will be a breach
of the Human Rights Act.
• This right includes an obligation on states to take steps to protect the

lives of individuals.
PP V. ECHEGARAY, 2/7/97
• Leo Echegaray was charged and convicted for the crime of raping his ten-year old
daughter in 1994.
• Republic Act No. 7659, commonly known as the Death Penalty Law, was already in
effect meted out the supreme penalty of death.
• He raised the constitutionality of the Death Penalty Law as being severe and
excessive, cruel and unusual in violation of the constitution.
• He also argued that death is an excessive and cruel punishment for a crime of rape
because there is no taking of life in rape.
Whether or not Death Penalty is cruel and unusual

punishment.
PP V. ECHEGARAY, 2/7/97
• NO. The penalty is neither cruel, unjust nor excessive. In the US case of Kemmler, it was
held that punishments are cruel when they involve torture or a lingering death. It implies
there something inhuman, barbarous, something more than the extinguishment of life. It is
degrading if it involves public humiliation. The severity is not sufficient, but must be
disproportionate to the crime committed. Excessiveness is measured by 1) seriousness of the
crime, 2) policy of the legislative, 3) perversity of the accused.
• RA 7659 already sufficiently defined what are heinous crimes – crimes punished with death
are those that are grievous, odious, and hateful by reason of inherent viciousness, atrocity
and perversity, those that are repugnant and outrageous to common standards of norms and
decency and morality in a just, civilized and ordered society. They also include crimes which
are despicable because life is callously taken, or the victim is treated as an animal or
dehumanized.
Freedom against torture and inhuman prison conditions
Under the ICCPR,
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without
his free consent to medical or scientific experimentation.
Under the ICCPR,
Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent
dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons
and shall be subject to separate treatment appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for
adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be
their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be
accorded treatment appropriate to their age and legal status.
Sec. 19 (2), Art. III, 1987 Phil Constitution

The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
Torture Defined
Any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has
committed or is suspected of having committed, or intimidating or coercing him or a
third person, or for any reason based on discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or with the consent or acquiescence of a
public official or other person acting in an official capacity. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.
(Article I, Convention Against Torture and Other Cruel or Degrading Treatment or Punishment)
❖intentional
❖ Purposes:
❖ obtaining from him or a third person information or a
confession,
❖punishing him for an act he or a third person has
committed or is suspected of having committed, or
❖ intimidating or coercing him or a third person, or
❖for any reason based on discrimination of any kind
Inflicted by whom?
⮚ with the consent or acquiescence of a public official

⮚ other person acting in an official capacity
PP V. GALIT, 3/20/85
• A widow Natividad Fernando was found dead in the bedroom of her house in Montalban, Rizal with seven
stab wounds on different parts of her body and stole cash money of undetermined amount in August 1977.
• The police authorities accused Francisco Galit of murder and was brought to NBI for investigation headed
by NBI Agent and began to maul him and to torture him physically. He admitted what the investigating
officers wanted him to admit and he signed the confession they prepared.
• Against his will, he posed for pictures as directed by his investigators, purporting it to be a reenactment. He
was charged a crime of Robbery with Homicide.
• Later on the trial, Galit denied participation in the commission of the crime and assailed the admissibility of
the extra-judicial confession extracted from him through torture, force and intimidation as described earlier,
and without the benefit of counsel.
WON the confession of Galit is an inadmissible

evidence of lack of counsel to assist them during
custodial investigation.
PP V. GALIT, 3/20/85
• SC held, the confession of Galit was rejected because of the proven torture inflicted on the
accused. These constitute gross violations of his rights.
• The confession are inadmissible as evidence because they were obtained in a manner contrary to law.
The trial courts should be careful in looking into the circumstances in taking the confession of an
accused especially when he claims that he has been maltreated into giving one.
• Such a long question followed by a monosyllabic answer does not satisfy the requirements of the law
that the accused be informed of his rights under the Constitution and our laws. Instead there should be
several short and clear questions and every right explained in simple words in a dialect or language
known to the person under investigation
• SC held, the confession of Galit was rejected because of the proven torture inflicted on the accused.
These constitute gross violations of his rights.
Equality before the Law
Under the ICCPR,
Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect,
the law shall prohibit any discrimination and guarantee to all
persons equal and effective protection against discrimination on
any ground such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other
status.
Sec. 19 (1), Article III, 1987 Philippine Constitution
No person shall be deprived of life, liberty, or

property without due process of law, nor shall any
person be denied the equal protection of the laws.
‘equality before the law’ is often used in relation to the rule of law and
means: the law should apply to all people equally regardless of their status
in society – rich or poor, young or old, regardless of their gender, race,
culture, religion, or any other attribute. The law should be applied equally
and fairly.
equal protection of law means that “no person or class of persons shall be
deprived of the same protection of the laws which is enjoyed by other
persons or other classes in the same place and in like circumstances.
(Tolentino vs Board of Accountancy, 1951)
“The equal protection of the law clause is against undue favor and individual or
class privilege, as well as hostile discrimination or the oppression of inequality.
It is not intended to prohibit legislation which is limited either [by] the object to
which it is directed or by [the] territory within which it is to operate. It does not
demand absolute equality among residents; it merely requires that all persons
shall be treated alike, under like circumstances and conditions both as to
privileges conferred and liabilities enforced. The equal protection clause is not
infringed by legislation which applies only to those persons falling within a
specified class, if it applies alike to all persons within such class, and reasonable
grounds exist for making a distinction between those who fall within such class
and those who do not.” (2 Cooley, Constitutional Limitations, 824-825.)
In order that there can be valid classification so that a discriminatory

governmental act may pass the constitutional norm of equal protection, it is
necessary that the four (4) requisites of valid classification be complied with,
namely:
1. It must be based upon substantial distinctions;
2. It must be germane to the purposes of the law;
3. It must not be limited to existing conditions only; and
4. It must apply equally to all members of the class. (Quinto v. Comelec, G.R.
No. 189698, 1 December 2009)
Right to Liberty; Freedom from Arbitrary Arrest
Liberty
“The right to exist and the right to be free from arbitrary restrain
or servitude. The term cannot be dwarfed into mere freedom from
physical restraint of the person but is deemed to embrace the right
of man to enjoy the facilities with which he has been endowed by
his Creator, subject only to restraint as are necessary for the
common welfare”. - Justice Malcolm
Under ICCPR,
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in
all their forms shall be prohibited.
2. No one shall be held in servitude.
3. (a) No one shall be required to perform forced or compulsory
labour
Under ICCPR,
Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds
and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest
and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge
or other officer authorized by law to exercise judicial power and shall be entitled to trial
within a reasonable time or to release. It shall not be the general rule that persons awaiting
trial shall be detained in custody, but release may be subject to guarantees to appear for
trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution
of the judgement
Article III, 1987 Constitution
SECTION 2. The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
Article III, 1987 Constitution
SECTION 12.
(1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably
of his own choice. If the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
Miranda rights (also known as Miranda warnings) outline the following
rights:
▪ You have the right to remain silent.
▪ Anything you say can and will be used against you in a court of law.
▪ You have the right to an attorney.
▪ If you cannot afford an attorney, one will be appointed for you.
Miranda rights allow you to choose not to answer an officer's questions, and you
may request an attorney. However, you must affirmatively invoke your rights to
remain silent and to an attorney. Once you invoke your right to remain silent,
police must stop questioning you.
SECTION 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public safety
requires it.
SECTION 18.
(1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted
Warrantless Arrest- When lawful?
Rule 113, Sec. 5 Revised Rules on Criminal Procedure
Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense; (in flagrante delicto)
(b) When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; (Hot pursuit) and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another. (Escaped Prisoner)
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with
section 7 of Rule 112. (5a)
Freedom from Slavery
Under ICCPR,
Article 8
1. No one shall be held in slavery; slavery and the

slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
Section 18 (2), Article III, 1987 Philippine Constitution
(2) No involuntary servitude in any form shall

exist except as a punishment for a crime whereof
the party shall have been duly convicted
ICCPR, Article 8
(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be
imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such
punishment by a competent court;
(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:
(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under
detention in consequence of a lawful order of a court, or of a person during conditional release from such
detention;
(ii) Any service of a military character and, in countries where conscientious objection is recognized, any
national service required by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the
community;
(iv) Any work or service which forms part of normal civil obligations.
Involuntary servitude is defined as “the condition of

one who is compelled by force, coercion or
imprisonment, and against his will to labor for another,
whether he is paid or not”.
Slavery
is the status or condition of a person over whom any or all of the
powers attaching to the right of ownership are exercised.
(UNHR slavery Convention, Article I)
Peonage
a condition of enforced servitude by which the servitor is
restrained of his liberty and compelled to labor in liquidation of
some debt or obligation real or pretended, against his will
Slave Trade
includes all acts involved in the capture, acquisition or disposal of
a person with intent to reduce him to slavery; all acts involved in
the acquisition of a slave with a view to selling or exchanging
him; all acts of disposal by sale or exchange of a slave acquired
with a view to being sold or exchanged, and, in general, every act
of trade or transport in slaves.
(UNHR slavery Convention, Article I)
General Rule
No involuntary service in any form shall exist.
Exceptions
1. Punishment for a crime for which the party shall have been duly convicted (Sec. 18,
Art. III)
2. Personal military or civil service in the interest of national defense (Sec. 4, Art. II)
3. Naval enlistment – remain in service until the end of voyage so that the crew would not
desert the ship, making it difficult for the owners to recruit new hands to continue the
voyage (Robertson vs Baldwin)
4. Posse comitatus – in pursuit of persons who might have violated the law, the authorities
might command all male inhabitants of a certain age to assist them (US vs Pompeya)
5. Return to work order in industries affected with public interest (Kapisanan ng
Manggagawa sa Kahoy vs Gotamco)
Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery, 7 September
1956
Article 1
Each of the States Parties to this Convention shall take all practicable and
necessary legislative and other measures to bring about progressively and
as soon as possible the complete abolition or abandonment of the following
institutions and practices, where they still exist and whether or not they are
covered by the definition of slavery contained in article 1 of the Slavery
Convention signed at Geneva on 25 September 1926
a. Debt bondage, that is to say, the status or condition arising from a pledge by a debtor of his personal services or
of those of a person under his control as security for a debt, if the value of those services as reasonably assessed
is not applied towards the liquidation of the debt or the length and nature of those services are not respectively
limited and defined;
b. Serfdom, that is to say, the condition or status of a tenant who is by law, custom or agreement bound to live and
labour on land belonging to another person and to render some determinate service to such other person,
whether for reward or not, and is not free to change his status;
c. Any institution or practice whereby:
i. A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money
or in kind to her parents, guardian, family or any other person or group; or
ii. The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received
or otherwise; or
iii. A woman on the death of her husband is liable to be inherited by another person;
iv. Any institution or practice whereby a child or young person under the age of 18 years, is delivered by either or
both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the
exploitation of the child or young person or of his labour
Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery, 7 September
1956
Article 1
Each of the States Parties to this Convention shall take all practicable and
necessary legislative and other measures to bring about progressively and
as soon as possible the complete abolition or abandonment of the following
institutions and practices, where they still exist and whether or not they are
covered by the definition of slavery contained in article 1 of the Slavery
Convention signed at Geneva on 25 September 1926
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Classification of Human Rights

• First Generation of Rights (Civil and Political Rights)

• a.2 Freedom against torture and inhuman prison conditions

• a3. Equality before the Law

• a.4 Right to liberty; freedom from arbitrary arrest

• a.5 Freedom against slavery

The substantive rights under this 1st generation are

Article I Individual’s Right to Self-determination

Recognizes the right of all people to self-determination, including the

It recognizes a negative right of a people not to be deprived of its means

• The right not to be deprived of life is limited to arbitrary deprivation of

• This right includes an obligation on states to take steps to protect the

Whether or not Death Penalty is cruel and unusual

Sec. 19 (2), Art. III, 1987 Phil Constitution

⮚ with the consent or acquiescence of a public official

WON the confession of Galit is an inadmissible

No person shall be deprived of life, liberty, or

In order that there can be valid classification so that a discriminatory

SECTION 2. The right of the people to be secure in their persons, houses,

1. No one shall be held in slavery; slavery and the

(2) No involuntary servitude in any form shall

Involuntary servitude is defined as “the condition of

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