BJMP Entrance Exam General Information — Human Rights Laws of the PhilippinesStudy Notes

Human rights are rights that necessarily spring from being a member of the human species. They are those rights which human beings cannot live without dignity, freedom, and justice in any nation or state, regardless of color, place of birth, ethnicity, race, religion, or sex. Human rights law is defined as a rule of conduct created for the promotion and protection of human rights. Unlike other laws, human rights laws do not create rights but merely set out state recognition of these rights to effectively promote and protect them. Human rights possess five fundamental attributes that make them unique and essential to human dignity.

Human rights possess five essential characteristics that define their nature and importance. First, they are UNIVERSAL, applying to all human beings everywhere without exception. Second, they are INHERENT, meaning they belong to people simply because they are human, not because they are granted by governments or institutions. Third, they are EQUAL, as all people possess the same human rights regardless of their differences. Fourth, they are INALIENABLE, meaning they cannot be taken away, transferred, or given up voluntarily. Finally, they are INTERDEPENDENT AND INDIVISIBLE, working together as a complete system where one right supports and reinforces others.

Four major theories explain the foundation of human rights. The Theory of Natural Rights holds that individuals enter society with certain basic rights that no state can deny, describing human beings as creatures of nature in relation to natural law. The Theory of Legal Rights states that human rights are created and maintained by the state, making the state the only source of individual rights. The Social Welfare Theory suggests that customs, traditions, and natural rights are conditioned by society and what is socially useful. The Idealistic Theory, also known as the personality theory, states that the right of personality is supreme and absolute, with all other rights being conditioned by it. Historically, human rights developed through various civilizations and documents, from the Cyrus Cylinder (539-530 BC) to the Magna Carta (1215) to modern international declarations.

Human rights are commonly categorized into three generations based on their historical development and focus. The First Generation includes civil and political rights, often called 'negative rights' because they require the state to refrain from interfering with individual freedoms. These include rights to life, liberty, security, freedom of expression, religion, and political participation. The Second Generation encompasses economic, social, and cultural rights, known as 'positive rights' because they require active state intervention to ensure access to basic needs. These include rights to education, healthcare, adequate standard of living, and social security. The Third Generation consists of collective or solidarity rights that belong to groups or communities, such as the right to development, peace, and a healthy environment.

The 1987 Philippine Constitution serves as the primary foundation for human rights protection in the Philippines. Article III contains the Bill of Rights, guaranteeing fundamental civil and political rights such as due process, equal protection, freedom of expression, and protection against unreasonable searches. Article XIII establishes provisions for Social Justice and Human Rights, creating the Commission on Human Rights and mandating the protection of vulnerable groups. The Constitution also recognizes economic, social, and cultural rights, including the right to education, health, and social justice. These constitutional provisions are supplemented by numerous Republic Acts that provide specific protections for different groups and situations.

The Philippines has enacted comprehensive legislation protecting various groups and rights. Children's rights are protected through multiple laws including RA 9344 (Juvenile Justice and Welfare Act), RA 7610 (Special Protection of Children), and RA 9775 (Anti-Child Pornography Act). Women's rights are safeguarded by RA 9262 (Anti-Violence Against Women and Their Children Act), RA 9710 (Magna Carta of Women), and RA 7877 (Anti-Sexual Harassment Act). Senior citizens benefit from RA 9994 (Expanded Senior Citizens Act), while persons with disabilities are protected by RA 7277 (Magna Carta for Disabled Persons). Workers' rights are ensured through PD 442 (Labor Code) and various laws protecting migrant workers. The right to health is guaranteed through the Universal Health Care Act (RA 11223), while environmental rights are protected through various environmental laws and the landmark Oposa vs. Factoran case.

The Philippines has established various mechanisms to protect and promote human rights. The Commission on Human Rights (CHR), created by Executive Order 163, serves as the primary institution for investigating human rights violations and promoting human rights education. The courts provide judicial remedies through various writs including habeas corpus for unlawful detention, amparo for right to life and security, and habeas data for privacy protection. The Office of the Ombudsman investigates complaints against public officials, while specialized courts like the Sandiganbayan handle corruption cases. The Witness Protection Program protects those who testify in important cases, and various agencies provide legal assistance to those who cannot afford private lawyers.