Human Rights under the Universal Declaration of Human Rights

Photo from Unsplash | Markus Spiske

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

---

AT A GLANCE:

The Philippines, as a member state to the United Nations, adheres to the international human rights laws and conventions, including the Universal Declaration of Human Rights. (Section 2, Republic Act No. 10368 or the Human Rights Victims Reparation and Recognition Act of 2013)

---

The Philippine Constitution declares it as a state policy to value the dignity of every human being, and guarantees full respect for human rights (Section 11, Article II, 1987 Constitution). To such effect, Section 12 of Article III of the Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other means which vitiate the free will and mandates the compensation and rehabilitation of victims of torture or similar practices and their families.

Republic Act No. 10368 or the Human Rights Victims Reparation and Recognition Act of 2013 echoes the principles of the Constitution in relation to human rights, and international human rights laws and conventions such as the Universal Declaration of Human Rights.

The law says:

“By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of international law as part of the law of the land, the Philippines adheres to international human rights laws and conventions, the Universal Declaration of Human Rights, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment which imposes on each State party the obligation to enact domestic legislation to give effect to the rights recognized therein and to ensure that any person whose rights or freedoms have been violated shall have an effective remedy, even if the violation is committed by persons acting in an official capacity. In fact, the right to a remedy is itself guaranteed under existing human rights treaties and/or customary international law, being peremptory in character (jus cogens) and as such has been recognized as non-derogable.” (Section 2, R.A. No. 10368)

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, is the common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. (Preamble, UDHR)

The UDHR sets out the human rights to which every person in the world is inherently entitled. The following are the principles embodied under the UDHR:

1.  All human beings are born free and equal. (Article 1, UDHR)

2.  Everyone must be protected against discrimination. (Article 2, UDHR)

3.  Everyone has the right to life, liberty and safety. (Article 3, UDHR)

4.  Everyone has the right to be free from slavery. (Article 4, UDHR)

5.  Everyone has the right to be free from torture. (Article 5, UDHR)

6.  Everyone has the right to be recognized before the law. (Article 6, UDHR)

7.  We are all equal before the law.  (Article 7, UDHR)

8.  Everyone has the right to seek justice if their rights are violated.  (Article 8, UDHR)

9.  No one should suffer arbitrary arrest, detention or exile. (Article 9, UDHR)

10.  Everyone has the right to a fair trial. (Article 10, UDHR)

11.  Everyone has the right to be presumed innocent until proven guilty. (Article 11, UDHR)

12.  Everyone has the right to privacy and freedom from attacks on their reputation. (Article 12, UDHR) 

13.  Everyone has the right to freedom of movement. (Article 13, UDHR) 

14.  Everyone has the right to seek asylum from persecution. (Article 14, UDHR) 

15.  Everyone has the right to a nationality. (Article 15, UDHR) 

16.  Everyone has the right to marry and to have a family. (Article 16, UDHR) 

17.  Everyone has the right to own property. (Article 17, UDHR) 

18.  Everyone has the right to freedom of thought, conscience and religion. (Article 18, UDHR) 

19.  Everyone has the right to freedom of opinion and expression. (Article 19, UDHR) 

20.  Everyone has the right to freedom of peaceful assembly and association. (Article 20, UDHR) 

21.  Everyone has the right to take part in government and to have equal access to public service. (Article 21, UDHR) 

22.  Everyone has the right to social security. (Article 22, UDHR) 

23.  Everyone has the right to work, equal pay, and to form and join trade unions. (Article 23, UDHR) 

24.  Everyone has the right to rest and leisure. (Article 24, UDHR) 

25.  Everyone has the right to a decent standard of living, food, housing, medical care and social services. (Article 25, UDHR) 

26.  Everyone has the right to education. (Article 26, UDHR) 

27.  Everyone has the right to participate in and enjoy culture, art and science. (Article 27, UDHR) 

28.  Everyone has the right to a social and international order where their rights can be realized. (Article 28, UDHR) 

29.  Everyone has the duty to other people and protect their rights and freedoms. (Article 29, UDHR) 

30.  No one can take away these rights and freedoms. (Article 30, UDHR)

 

Jurisprudence says:

“The Universal Declaration of Human Rights, as well as, or more specifically, the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights, suggests that the scope of human rights can be understood to include those that relate to an individual’s social, economic, cultural, political and civil relations. It thus seems to closely identify the term to the universally accepted traits and attributes of an individual, along with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of life.” (Brigido Simon, Jr. v. Commission on Human Rights, G.R. No. 100150, January 5, 1994)

 

Read also: Human Rights Consciousness Week (Republic Act No. 9201)

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.