HUMAN RIGHTS EDUCATION
MODULE 2 - ORIGIN AND DEVELOPMENT OF HUMAN
RIGHTS
HISTORY OF HUMAN RIGHTS
Definition of Terms
Magna Carta - also known as the “Great Charter” and is viewed as an important
written evidence and legal document in the development of human rights and modern
democracy.
Bill of Rights - is considered to be the very heart of the Constitution. It is in here
that the basic constitutional rights of the people can be seen. It is a collection of rights
that serve to protect the people whenever governmental acts will tend to be whimsical,
unjust, and unreasonable.
- Limits the power of the government and protects the rights of all
citizens, residents, and visitors in the national territory.
INTRODUCTION
Ever wonder where human rights originated from? Throughout the course of
history, individuals acquire their knowledge about their rights and responsibilities
through membership in a group, such as families, indigenous nations, religious
affiliations, communities, ad states. Most societies have traditions that are similar to the
golden rule “do not do unto others what you do not want other do unto you.” Five of the
first written evidence that acknowledge the existence of human rights and answer the
people’s questions their rights and responsibilities can be found in the writings in the
Hindu Vedas, The Babylonian Code of Hammurabi, The Bible, The Quran, and the
Analects of Confucius. All societies have had systems of propriety and justice as well as
respecting and acknowledging the welfare and needs of individuals, may it be written or
an oral declaration.
There are many precursors to the development of today’s human rights including
documents such as the Magna Carta, the English Bill of Rights, the French Declaration
on the Rights of Man and Citizens, and the US Constitution and Bill of Rights. However,
not all documents include the rights of women, persons of color, members of different
religions, and persons belonging to different economic strata and political affiliations.
Nevertheless, people who are being oppressed by these laws express support to
revolutions that assert the right to the individual’s self-determination.
THE CYRUS CYLINDER
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
In 539-530 BC, Cyrus II began his reign as the king of Persia by decreeing a
reform written on “The Cyrus Cylinder.” The reform also established racial equality,
including religious freedom for all people of the Persian Empire. This is one of the oldest
evidence of human rights recognition. It has been translated to all six official languages
of the United Nations, and the first four articles of the Universal Declaration of Human
Rights are parallel to that of the declaration of the Cyrus Cylinder.
THE MAGNA CARTA
In 1215, King John of England signed the Magna Carta also known as the “Great
Charter,” which established the idea that everybody, including the king, is subject to the
law. It also provided all freemen the right to achieve justice and fair trial through the
establishment of the principles of due process and equality before the law. The charter
also recognized that the church is an individual institution that is free from governmental
interference. It further recognized that the citizens of the state have the right to own and
inherit properties and to be protected from excessive taxes. It also gave widowed
woman who owned property an opportunity to choose not to remarry.
This charter is widely viewed as one of the most important written evidence and
legal documents in the history of human rights and modern democracy. It is often
viewed as providing a crucial turning point in establishing freedom.
THE PETITION OF RIGHT
The petition of right was sent by the English Parliament to the king of England,
King Charles I. the petition was raised when Charles I started to force loans on his
people and tax them excessively, sending to prison those who did not pay. King Charles
I did all of these to finance his war against Spain. The petition was initiated by Sir
Edward Coke, and it was based on the earlier statues and charters of the Magna Carta
and the Cyrus Cylinder. The petition asserted four principles: 1) the king cannot tax
people without the consent of the parliament; 2) no person shall be imprisoned without
cause; 3) no soldier shall be quartered within the city or public areas; and 4) martial law
shall not be implemented in time of peace. King Charles I was compelled to accept the
petition in order for him to continue receiving subsidies for his policies. However, the
petition of rights is still regarded as a constitutional document alongside statues like the
Magna Carta.
THE BILL OF RIGHTS
The Bill of Rights limits the power of the government of the United States of
America and protects the rights of all citizens, residents, and visitors in American
territories. The bill protects the freedom of speech and the opinions of people and their
right to voice out themselves. It also protects religious freedom, as every individual has
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
the right to choose and practice his or her chosen religions or beliefs. It provides
individuals the freedom of assembly and the freedom to petition.
The Bill of Rights protects the establishments of religions and prohibits the
federal government from depriving any individual of his or her life, liberty, or property
without due process of law. If an individual commits a crime against the federal
government, the bill of rights requires indictment by a grand jury and guarantees a
speedy public trial with an impartial jury.
THE UNITED NATIONS
After World War II, the idea of human rights became stronger. With the Nazi
Germans exterminating over 6million Jews, Sinti and Romani, homosexuals, and
persons with disabilities, the world was horrified and trials of the war officials involved in
the Nuremberg and Tokyo war crimes. The defeated countries were held to be punished
for committing a “crime against peace” and “crime against humanity.”
The United Nations (UN) was established in 1945 for the maintenance of
international peace and preventions of conflicts. The goal was to ensure that what
happened in World War II will never happen again, particularly that no one will ever be
unjustly denied of life, freedom, shelter, food, and nationality.
The emerging human rights principles were stated in President Franklin Delano
Roosevelt’s state of the union address. In his speech, Roosevelt said that the world was
founded on four essential freedoms; freedom of speech, freedom of religion, freedom
from want, and freedom from fear.
THE 1987 CONSTITUTION
The basic source of human rights law in the Philippines is The 1987 Constitution.
It is rich in human rights content and constitutes a vast improvement of the previous
Philippine Constitutions, namely The 1897 Biak-na-Bato Constitution, The 1899 Malolos
Constitution, The 1935 Constitution, The 1943 Constitution, The 1973 Constitution, and
The 1986 Freedom Constitution. In it are found the first generation of rights (Article III,
Bill of Rights), the second generation of rights (Article XII, National Economy and
Patrimony: Article XIII, Social Justice and Human Rights; Article XIV, Education,
Science and Technology, Arts, Culture and Sports) and the third generation of rights
(Article II, Declaration of Principles and State Policies; Article XV, The Family)
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
A BRIEF HISTORY OF HUMAN RIGHTS IN THE PHILIPPINES
The Philippines has gone through a period of colonialism that lasted for 333
years under Spanish colonialism and 48 years under American rule. The country gained
its independence from American colonialism in 1945. The Universal Declaration of
Human Rights was adopted by the general assembly of the United Nations as the UN
Resolution on December 10, 1948, and the country is one of the 48 countries who voted
in favor of the declaration.
In 1972, the Philippines was placed under Martial Law under the late President
Marcos’ dictatorship. Human rights violation became an integral element in the strategy
of controlling the citizens of the country. After the end of the Marcos regime, the 1987
Philippine Constitution was drafter, under the new administration of the late President
Cory Aquino. The Commission of Human Rights or CHR was created in response to
human rights violations committed during the Martial Law. The mission of this
commission is to promote equal treatment and opportunity among Filipinos, to provide a
life of dignity, and to protect against abuse and oppression. With every term of almost
all presidents of the country, human rights violations are one of the major concerns. To
this day, the protection and promotion of human rights in the Philippines are still a work
in progress.
DEVELOPMENT OF HUMAN RIGHTS
Human rights have formally been recognized through the establishment of the
United Nations in 1945. With the establishment of the United Nations, its main concern
and goal is to reaffirm faith on the fundamentals of human rights and in the dignity of
individuals at all levels and in any given circumstances. The term “human rights”
denotes the rights that humans inherently have by nature. The development of human
rights started from the notion of philosophers about the natural rights of human beings.
The development of natural laws dictates that human beings are naturally born with
human rights and that every individual, regardless of religion, race, nation, color, or
gender, have it by virtue of being a human being.
History generally shows that the struggle for human rights started from the
Western world around the thirteenth century when Magna Carta Charter was signed by
King John. However, it can be said that the original fight of human rights is recorded to
have occurred 200 years before Magna Carta Charter. This could mean individuals from
different nations and ages are fighting for their natural rights or their rights as a human
being even before the declaration of the laws that we use now.
Even though the Magna Carta is not the first evidence of the acknowledgement
of human rights, it has been used as one of the bases of other human rights laws that
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
we use until now. The Magna Carta was released in 1216 and subsequently amended
and modified in 1217 and 1325. In the Charter, the term “fundamental rights of man”
was used, and in the 20th century, the term “human rights” was used instead of the
name traditionally known as the “natural rights law” or the “fundamental rights of man.”
The term “human rights” was first used by Thomas Pine when he translated the
French Declaration of the Rights of Man and Citizens. The term “natural rights” was
replaced at the time that human rights theories were gaining ground, and “the rights of
man” was removed for it was not universally accepted as human rights equally including
rights of both men and women.
The idea of having human rights being protected by international law
experienced a big setback back in the late 19 th and early 20th centuries due to the
doctrine of absolute sovereignty of states. With absolute sovereignty of states, human
rights were entirely on the hands of each state’s own jurisdictions and intervention
against state decisions. International law was thought to be attack against the
sovereignty of state.
World War II was the turning point of the acceptance of international law by
sovereign states. Extreme human rights violation was recorded in war-torn Europe,
where over thousands and thousands of innocent lives were lost due to slavery, mass
execution, and holocaust. These shocking crimes against humanity have led to the
formation of the United Nations.
With realization that the restoration of freedom is one of the conditions for
establishing international peace and security and that human rights violations
perpetuate international conflicts, human rights protection has been regarded as a
necessity for the attainment of international peace. Several conferences were held
within the United Nations that have led to the formation of the International Bill of Rights.
Many declarations were adopted, with the main priority being the establishment of a
legal regime emphasizing the importance of human rights. With the international bill of
rights, members of the United Nations were obliged to cooperate in eradicating the
scourge of war and implement the principles respecting human rights and freedom
without discrimination against any individuals. It was all laid down under Article 55 of the
United Nation’s Charter. The General Assembly of the United Nations adopted an
international bill of rights also known as the Universal Declaration of Human Rights.
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
In December 1948, the Universal Declaration of Human Rights, or UDHR was
adopted by the United Nations General Assembly. The members of the United Nations
(UN) committed respect and promote human rights, and to advance this goal, the UN
established the Commission on Human Rights. The Commission on Human Rights was
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
tasked to draft documents that lay down the meaning of the fundamental rights and
freedoms of every individuals as enunciated in the UDHR.
The Universal Declaration of Human Right is considered the international version
of Magna Carta. It is a revolutionary international law that dictates how states are to
treat their people. The issues of the states are now considered a matter of international
concerns and no longer just domestic issues. The UDHR provides that the rights of
every human being are interdependent and are indivisible. This means that all states
are responsible for the attainment of international peace and freedom.
The principles of the UDHR are now incorporated into the constitutions of more
than 185 nations that are members of the United Nations. Even though the Universal
Declaration of Human Rights is not a legally binding document the way treaty or a
convention would be, it has achieved the status of customary international law because
it was regarded as a “common standard of achievement for all people and all nation.”
HUMAN RIGHTS TODAY
In recent years, human rights have evolved from a simple context of humans
having the rights to freedom, religion, and assembly to what they have become now.
Today, human rights have become more accessible to all individuals, have specified
functions, and have gained a wider definition. The old definitions of human rights
already emphasized liberty or “freedom”, but they have since expanded to include
security. Liberty is important to an individual, but when he or she does not feel secure,
he or she might not fully enjoy his or her rights and freedoms. Human rights also include
freedom of religion, thought, expression, movement, due process of law, education,
health, property ownership, the right to build your own family, freedom from
discrimination of gender, culture, race, and religion, and freedom from unjust
punishment, tyranny, and oppression.
CURRENT STATE OF HUMAN RIGHTS IN THE PHILIPPINES
Definition of Terms
Extrajudicial Killing (EJK) - killing of a person by authorities, without judicial sanction.
Martial Law - essentially placing civil functions under military control for special
reasons, such as “lawless violence, invasion, or rebellion” (Art. VII, Sec. 18, 1987
Philippine Constitution)
The War on Drugs. The current president of the Philippines, President Rodrigo
Roa Duterte, who took an oath in 2016, spearheads the current “war on drugs” regime.
As people know, crimes in the Philippines are widespread and have plagued the lives of
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
citizens. As part of his campaign and the belief that drug addicts play a major role in the
occurrence of crime in the Philippines, the current president swore to eliminate the drug
problem in the country if he’s given two years.
The original goal of the campaign was to eradicate the plague of drug use in the
Philippines. With this, the president ordered the country’s police forces to go on a
campaign of seizing people whom they believe are related to drug use/drug trade, with
the instruction that if those caught resist (nanlaban), the police are allowed to fight back
and kill the suspect. The most controversial aspect of the drug war was is that President
Duterte offered a reward/ bounty to a certain people who turn in people related to drug
use, “dead or alive.” With this premise, law enforcers overzealously took action and
spearheaded the campaign, now serving as the major players behind the war on drugs.
THE EVENTS
In the course of conducting the government’s war on drugs, there are certain
events that in themselves reflect the current state of human rights in the country. Here
are the certain events that are taking place:
Extrajudicial Killings. As the campaign started, bodies upon bodies of people
reportedly involved in drugs have been reported. Police forces have started acting upon
the lives of people without the sanction of any legal process. Minors started becoming
casualties as masked unidentified gunmen also started taking part in the campaign,
which was said to have no connection with the police and were isolated cases. The
extrajudicial killings have caused public disagreement, as some believe that human
rights of people should still be prioritized, and some agree that killing people involved
with drugs would help the country in general.
The Kian Loyd delos Santos Case. This case was one of the infamous examples of
EJK, among the many casualties of the war on drugs. The 17-year old Kian Loyd delos
Santos was shot and killed during the Oplan Galugad that took place on the night of
August 16, 2017 in Caloocan City. The victim allegedly “fought back at the police and
shot a gun against them” when confronted by the police. A gun and two sachets of
shabu were recovered from the body of Kian, which the relatives said neither belonged
to hi. A CCTV footage came out, falsifying the claim against Kian, and it showed that
Kian was on the floor, begging for his life before a series of gunshots. This caused a
public outcry, and the three police involved in the case were criticized by the public.
The Martial Law in Mindanao. On May 23, 2017, the rising conflicts in Mindanao,
specifically in Marawi between the Armed Forces of the Philippines and the Islamist
group, forced the president to place the whole Mindanao, including Basilan, Sulu, and
Tawi-tawi under martial law. The major implication of this was that the writ of habeas
corpus was going to be suspended, which meant that public officials are allowed to
detain individual without bringing the said person to the court of law. This caused public
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
fear and dismay, as many have theorized that Duterte was going to use this and extend
Martial Law not only in Mindanao, but also all over the country. It is well-known that the
country was once undergone Martial Law under the regime of Marcos, resulting in
thousands of casualties and missing victims that are still not found up to this date.
Release of the Drug Lords Case. A matrix was released and certain individuals were
identified to be the “big guns” involved in drug trafficking in the country. Among those
were Peter Lim and Kerwin Espinosa. Peter Lim denied the accusation that he was a
drug lord in the country, but Kerwin Espinosa surrendered and acted as a witness for
the court. He alleged Peter Lim to be his supplier. Despite Kerwin Espinosa’s
confessing as to being a drug lord, the court dismissed his charges together with Peter
Lim due to lack of evidence. Duterte later on fumed with anger by this court decision
and ordered Lim to be arrested, who has now gone missing. The president was
infamously remembered stating “Commit suicide rather than surrender.” This sparked
the conspiracy theories such as that the president was doing this in an attempt to cover
up his “buddy” among the public.
President Threatening to Leave UN. As the United Nations grew wary of the “war on
drugs”, the UN repeatedly tried to condemn the drive as a violation of human rights. The
president then threatened to “separate” from the UN and form another body with China
and African nations. This sparkled controversy not only in the Philippines but also all
around the world. From this point on, the president started to become a notorious figure.
It can be noted that it is also around that time that the president started to strengthen
relations with China.
Oplan Tokhang. This was part of the war on drugs campaign, famously known as an
operation where police would knock on the doors of suspected users and ask them to
surrender. Do remember that one of the president’s mandates for the police is if the
suspect “fight back,” they are free to gun down the alleged suspect. This caused
dismay among the public as the cases seem to be targeted to the poor and the minors
only. Thousands of casualties were recorded and further caused public dismay.
The Human Shield Case. Another minor casualty was recorded, as another child’s life
was taken. The three-year old was in her home during the anti-drug operation in Rizal.
The police stated that the suspect used the child as the human shield against them. The
casualties were the lives of one police, the suspect, and the child. The police were later
criticized as it was deemed to be a “lame excuse” to cover up the casualties, as it does
not make sense for a father to use a child as his own shield and how poorly the
operation was handled. The mother’s testimony also stated that the child was not used
as a shield.
Arguably, there have been disputes over whether the country has become a
safer place or not as a result of the drug war, in which facts will be discussed to
understand the current situation of human rights in the country.
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
THE FACTS
In discussing a controversial aspect such as involved in human rights, it is
important that we use facts as basis to prove certain aspects as there are always two
sides of the story and to stay away from bias as much as possible. In this case, we use
facts to discuss the current situation of human rights in the Philippines.
The Death toll. As f June 2019, the death toll of people involved in drugs is “estimated”
to be around 6000 people. Do note that this is the official number stated by the police,
which means that this does not include the number killed by masked unidentified
gunmen The Philippine National Police the stated that those “homicides” totaled about
22,983. Also, it is important to note that almost majority of the victims are under the
P10, 000 income, which classify them as the lower end of the social hierarchy. This is
why the war on drugs has been branded “anti-poor”, and more often the rich ones
(Peter Lim Case) have not been touched or let free.
Crime Rate. Crime rate in the country has been down since the start of the war on
drugs regime. The PNP data showed a 22.6% drop in index crimes such as murder,
homicide, physical injuries, rape, robbery, theft, and carnapping. With the police and
administration showing that they are not scared to get their hands stained with blood,
criminals are now more wary on committing crimes. However, it is not a testing meter to
conclude the success and effectiveness of the drug war. There are so many more
factors that could be attributed to the decrease in crime rate before we get conclude its
effectiveness, which is a whole different topic.
Tourism. The country’s tourism industry, especially during the start of the drug war got
hit hard. At one time, the tourism secretary urged the media to “tone down” coverage of
Duterte’s drug war, as EJK was scaring away foreigners. This would be a huge problem
coming forward, as one of the main economic weights of the country was coming from
tourism. Thankfully, the country’s tourism aspect recovered due to the efforts of the
tourism industry in making sure that foreigners are safe from EJK
Innocent Lives. It is no secret that innocent lives are at risk during the war on drugs
campaign. At one point, normal citizens were so scared of going out during the public
outrage about Kian delos Santos case, as more teenagers were killed during the same
week. It is also no secret that as long as the drug war continues, more innocent lives
would be taken as police officers have said that there would always be casualties.
Drug Use Rate. People who use drugs in the Philippines went from the estimated 1.7
million up to the estimated 4 million despite the current war on drugs. As mentioned
before, this is why the effectiveness of the drug war cannot be measured by one factor
only. In defense of this, the Philippine Drug Enforcement Agency (PDEA) stated that
this number is a metric on how effective the drug was is, as the increase in population is
caused by the number of people coming forward on using drugs.
CBSUA-SIPOCOT BS CRIMINOLOGY
HUMAN RIGHTS EDUCATION
One of the Most Dangerous. Based on the Armed Conflict Location and Event Data
Project (ACLED) findings, it was stated that the Philippines was among the most
dangerous countries in the world to be in, ranked at number 4. With the death toll of
more than thousands, after all, it is reasonable as to why the country was ranked fourth
in the most dangerous list, especially that the police themselves are aware that innocent
lives are at stake and they still continue the process of the war on drugs. This can scare
away potential foreigners that would come into the country, as other countries are
known to have legalized the use of some drugs.
With the above facts stated, it is safe to say that the country is in disarray in terms of
human rights. The situation has become so worse to the point that human rights
activists and even churches have started partaking on the topic of human rights. The
president himself stated that “the only sin I have committed is the EJKs.” Even though
the drug war has improved the country’s criminal rate aspect, the lives of innocent
people are still at stake, which leads to the human rights of people being neglected.
CBSUA-SIPOCOT BS CRIMINOLOGY
