Common Module 2: Universal

Critiques to the Natural Law Theory

Human Rights
● Jeremy Bentham – Natural rights counted for
nothing on their own. Natural rights are too
Prof. Michael T. Tiu, Jr.
individualistic and doesn’t uphold the good of
● Speaker for Universal Human Rights
the collective.
Basic Ideas on Universal Human Rights and ● Karl Marx – Rights of man were the privileged
Human Dignity rights of the bourgeoisie. Rights are an
illusion. Dignity can only happen in a
Human Rights communist country.
● Rights owing to human beings by nature of
their humanity Legal Positivism
● Rights that human beings have simply ● Contrary to Natural Rights, Legal Positivism
because they are human beings and have humans at the center.
independents of their varying social (and ● Law is posited instead of existing naturally.
economic) circumstances ● Law is synonymous with positive norms,
● Anchored on human dignity which are norms made the legislator or
considered as common law or case law.
Human Dignity
● Barek: Humanity of the person as such Positive Law
● Freedom to write her life story: person’s free ● US Declaration of Independence of 1776.
will and autonomy. o Self-evident Truths.
o Fulfill herself according to her own will o All men are created equal and endowed
rather than the will of others by their creator with certain inalienable
● Sees the person as an end unto herself and rights – life, liberty, and the pursuit of
not just a means happiness.
● Virginia Declaration – inherent rights
Natural Law and Natural Rights (St. Thomas ● French Revolution – Centered on the rights of
Aquinas) men
● Natural Law: Eternal and reflects the law of ● French Declaration
God o Power to do whatever is not injurious to
o God’s importance: creator and guarantor others
of the rights of man o Role of law in setting limitations
● Human rights shifted from a matter of religion ● US Constitution
to a matter of sovereign o Amendments – Bill of Rights
● 1987 Constitution
Absolute Power of the Sovereign o Adopted so much from the US
● Thomas Hobbes – No idea of formal restraints Constitution
on power. This idea was considered as
absurd. Re-emergence of Natural Rights
● Magna Carta of 1215 – one of the instruments ● Seen in the atrocities of World War 2
that started the idea of limitation on absolute ● Horrors of a positivist system. Any rights
and arbitrary power of the sovereign. written into law may be ignored in a regime
change.
Social Contract ● Minimum absolute or core postulate of any
● We gave up some of our freedoms for peace just and universal system of rights – value of
and order. individual freedom or autonomy
● Our being governed is a social agreement. ● Countries need to be gathered to make a
consensus on human rights.
Natural Law Theory
● Grotius: Natural characteristic of human Universal Declaration of Human Rights
beings is the social impulse to live peacefully ● Adopted by the UN General Assembly in
and in harmony with others. 1948.
● Summary: Natural rights are God-given rights o Goal: Prevent the atrocities that happened
and enforced with human institutions in WW2.
 o Challenge: Find a common ground in ● Universal Declaration of Human Rights
different ideologies. o Just a declaration. Enforcing these rights
● Foundation of international human rights law requires something legally binding.
● Inalienable rights applicable to everyone. ● International Covenant on Civil and Political
● Through ratifications, domestic measures Rights
must be made in order to uphold the UDHR. o Enforces the statements in the UDHR.
● International Covenant on Economic, Social,
Basic Principles and Cultural Rights
● Universal and Inalienable o Much like Item 2, it enforces the
o All human beings are equally entitled to statements in the UDHR.
human rights which cannot be taken
away. Universal Declaration of Human Rights
o Except in specific situations and ● Not a treaty, so it does not directly create
according to due process legal obligations for states.
● Indivisible and Interdependent ● An expression of the fundamental values
o One set of rights cannot be enjoyed shared by the international community.
without the other ● In the Philippines, this is considered law.
o Advancements of civil and political rights
makes it easier to exercise economic, International Covenant on Civil and Political
social, and cultural rights. Rights
● Equal and Non-Discriminatory ● Treaty providing a range of protections for
o Human rights must be guaranteed without civil and political rights.
discrimination of any kind. ● Human Rights Committee – monitors the
o Including protection from policies and implementation of the ICCPR.
practices which may have a
discriminatory effect. International Covenant on Economic, Social,
● Participation and Cultural Rights
o People’s right to participate in how ● Rights relating to the workplace, social
decisions are made regarding protection security, family life, participation in cultural
of their rights life, and access to housing, food, water,
● Accountability health care and education.
o Governments must create mechanisms of ● People cannot live their lives meaningfully
accountability for the enforcement of without these.
rights. ● Dual Freedoms: Freedom from the State
● Transparency (State will not interfere) and Freedom through
o Human rights must be guaranteed without the State (State will uphold your rights)
discrimination of any kind. ● Denial of economic, social, and cultural rights
can lead to violations of other human rights.
Framework ● Committee on Economic, Social, and Cultural
● Respect Rights
o States must refrain from interfering with
the enjoyment of rights Non-Derogable Rights
● Protect ● Rights are not absolute. You can only
o States must protect individuals and exercise your rights if you don’t infringe on
groups against human rights abuses the rights of others.
● Fulfill ● However, certain rights can never be
o States must take positive action to suspended, even in a state of emergency:
facilitate the enjoyment of basic human 1. Right to Life
rights 2. Freedom from Torture and Cruel
o The actions may be controversial since it Treatment
can clash with the first item. Governments 3. Freedom from Slavery
must, as much as they can, not interfere 4. No imprisonment from non-fulfillment of a
with the rights of the people. contract
5. No retrospective application of criminal
International Bill of Rights laws (Laws applicable today cannot be
 applied to cases when the law didn’t life-terminating harm or injury, caused by an
exist) act or omission, include injury to the body
6. Right of recognition before the law and mind.
7. Freedom of thought and action
Right Not to Be Subjected to Torture
Derogability and Restrictions ● Torture – any act by which severe pain or
1. Restriction is permissible under the ICCPR suffering, whether physical or mental is
(e.g. Pandemic) intentionally inflicted on a person
2. There is necessity for such restriction under ● Torture is only done by a public official. A
relevant circumstances. crime is done by a private entity.
3. Restriction is limited to measures ● Ill-treatment – inhuman or degrading
proportionate for achieving defined and punishment
legitimate aims ● States cannot justify torture and ill-treatment
4. The restriction will not impair the essence of ● No exceptional circumstances may be
ICCPR. invoked as a justification for torture.
● If individuals are fleeing from their country,
Article 2, ICCPR you cannot deport them if you believe they
● Give effect to in good faith will be tortured in their country.
● All branches of government
● Immediately demandable Right to a Nationality
● Put in place mechanisms for the realization of ● Legal identity
ICCPR. ● It determines what rights one can access and
● The state cannot use its own laws for exercise.
non-compliance to the ICCPR. ● Although rights are universal, people still are
subject to the concept of a state.
Three Groups, Article 2, ICCPR
● Citizens in the country Rights to Self-Determination
● Citizens not in the country ● Freely determine their political status and
● Non-Citizens in the country freely pursue their economic, social, and
cultural development.
Article 2, ICESCR
● Unlike ICCPR, where the state must definitely Article 1, ICESR
uphold the rights of its people, the state must ● All peoples have the right of
achieve progressively the full realization of the self-determination.
rights. ● State shall promote the realization of the right
● The international community understands that of self-determination.
the state cannot always uphold the rights of
people. Jeepney Phase Out
● Since the issue of the jeepney phase out is
Progressive Realization not covered in the ICCPR, then the state has
● It is not an obligation of result. room to decide on what policies it thinks will
● It is an obligation of conduct. uphold the rights of the people.
● State must keep moving forward to reach its ● However, if the government is not supplying
goals. the means to humanely transition to modern
jeepneys, then it could be argued that they
The Right to Life are violating the ICESCR. That could be a
● ICCPR – No one shall be arbitrarily deprived ground to petition the government for redress
of his life. The death penalty, if law, is not of grievances.
“arbitrary”.
● UDHR – Everyone has the right to life and Human Rights in the Philippines
protection of the self. ● Human rights and constitutional rights
● State must protect life from non-state actors ● EJKs, detentions, double jeopardy
and threats.
● Deprivation of Life – an intentional or Writ of Habeas Corpus
otherwise foreseeable and preventable
● This is applied when you are unreasonably ● Bawal Bastos Act
taken by the police. ● Data Privacy Act

Writ of Amparo
● This applies when our right to life, liberty, and
security is violated by an unlawful act of a
public official or employee.
● You can apply this for extrajudicial killings.
● This was made possible because of the
extrajudicial killings of the 2000s.
● This is not to imprison the violator but rather
safeguard your life.
● To imprison the violator requires filing a
separate case.

Writ of Habeas Data

● This applies for unreasonable data collection,
following, and monitoring.

Commission on Human Rights

● Investigates human rights violations
committed by the state to its citizens.
● Can only investigate but never prosecute.

Magna Carta of Women

● The situation of women is different from the
situation of men.

Human Rights Victims Reparation and

Recognition Act
● Reparations for Martial Law victims

Philippine Commission on Women

● Offers help to people of other SOGIE.

National Commission on Indigenous Peoples

● Acknowledges that their ways of living are
different from the rest of the country.

The IAC
● The Inter-Agency Committee on Extra-Legal
Killings

Reasonable Certainty of Conviction

● If the prosecutor thinks that there is no such
reasonable certainty of conviction, the said
handling prosecutor is ordered to immediately
fie the proper motion to withdraw the
information.
● This is to address congested jails and
unlawful detainments.

Other Laws to Uphold Human Rights

● Safe Spaces Act
● Speedy Trial Act