The Universal Declaration of Human Rights (UDHR) in its Preamble mentions the “inherent dignity and the equal and inalienable rights of all members of the human family.” Human rights are not granted by the government, nor do they arise from citizenship in a country. Human rights are rights, which necessarily spring from being a member of the human species. It is universal, inherent, equal and inalienable.
The State is not the giver of human rights but it is its guarantor. As such, the State may be held accountable when people are deprived of their rights by its action or inaction. The people, on the other hand, must know their human rights, which include not only the relationship between the people and the government, but also the civil, political, economic, social and cultural rights and the right to development and a peaceful and clean environment.
The Homebook on International and Philippine Human Rights Laws, authored by Pepita Jane A. Petraba, (2013 Edition), provides an excellent summary of Philippine Jurisprudence on Human Rights, which includes the following:
The Philippine Constitution— contains the Bill of Rights; lays down the bases for all the civil, political, economic, social and cultural rights of persons.
Rights of the child
REPUBLIC Act (RA) 9344—Juvenile Justice and Welfare Act of 2006
RA 7610—Law Against Child Abuse
RA 9231—Elimination of the Worst Forms of Child Labor
RA 9775—Law Against Child Pornography
RA 8044—Youth in Nation-Building Act
RA 6972—Act Establishing Day Care Centers in Every Barangay
Presidential Decrees (PD) 603—The Child and Youth Welfare Code
Rights of women
RA 9262—Anti-Violence Against Women and Their Children
RA 10364—The Expanded Anti-Trafficking in Persons Act of 2012
RA 9710—Magna Carta of Women
RA 7877—Law Against Sexual Harassment
Act 4112—Women Suffrage Act
PD 633, as amended—Creating the National Commission on the Role of Filipino Women
Executive Order (EO) 273—Philippine Plan for Gender-Responsive Development
Pres. Proc. 1172—Campaign to End Violence Against Women
RA 6955—Act Against Mail Order Brides
Rights of Lesbian, Gay, Bisexual and Transgender Persons (LGBT)
Ang Ladlad v. Comelec, April 8, 2010
Rights of Senior Citizens
RA 7432—Senior Citizen’s Act
RA 7876—Senior Citizen Center Act
RA 9994—Expanded Senior Citizen Act
Rights of Disabled Persons
BATAS Pambasa 344—An Act to Enable The Mobility of Disabled Persons
RA 7277—Magna Carta of Disabled Persons
RA 9442—Law Amending the Magna Carta of Disabled Persons
RA 10070—Act requiring the creation of Persons with Disability Affairs Office by local government units
Department of the Interior and Local Government Memoramdum Circular (DILG MC) 2009-37—On issuance of identification cards and purchase booklets for PWDs
DILG MC 2009-29—On community-based programs for children with disability
Adm. 35—Directing departments, bureaus, agencies and educational institutions to conduct activities during the annual observance of the National Disability Prevention and Rehabilitation Week
Rights of Workers and Laborers
PD 442, as amended—Labor Code of the Philippines, incorporating the New Labor Relations Law and the Prohibition of Discrimination Against Women
RA 8024—Migrant Workers Act
RA 10022—Law amending the Migrant Workers Act
RA 8187—Paternity Leave Act
Right to social security
RA 8282, amending RA 1161—The Social Security Law
RA 8291—The Government Service Insurance System Act
Right to Health
RA 7875—National Health Insurance Act
Pres. Proc. 46—Child and Mother Immunization Project
Right to a healthy environment
Oposa v. Factoran, July 30, 1993
Right to privacy
SUPREME Court A.M. 08-1-16-SC—The Rule on Habeas Data
RA 9995—Anti-Photo and Video Voyeurism Act
RA 10173—ata Privacy Act of 2012
Right to life, liberty and security
The Anti-Enforced or Involuntary Disappearance Act of 2012
RA 9745—Anti-Torture Act
The Rule on the Writ of Amparo Administrative Order (AO) 181—Investigation and Prosecution of Political and Media Killings
AO 197—Enforced Disappearances and Killings
Remedies of unjustly arrested and/or detained persons
RA 7309—Law Creating the Board of Claims
Rule 102, Rules of Court—the Rule on Habeas Corpus
Rule 9439—Law Against Hospital Detention
RA 10368—Human Rights Victims Reparation and Recognition Act of 2013
Rights of accused, victims and witnesses of crimes
RA 8505—Rape Victims Assistance Act
RA 6981—Witness Protection Act
RA 999—Free Legal Assistance Act
RA 9346—Law Abolishing Death Penalty
Bill of Rights, Philippine Constitution
Rule 115, Revised Rules of Court
Other human rights violations penalized
Act 3815—Revised Penal Code of the Philippines Human Rights mechanisms
EO 163—Creating the Commission on Human Rights
RA 9201—National Human Rights Consciousness Week
PD 443—On Delivery of Social Services
With the extension of Martial Law in Mindanao for another year, there is fear that martial law will be extended to the whole country. And with martial law, apprehension that a dictator will rear its ugly head and human rights violations will necessarily follow. The only way to check abuse of power is to know your human rights and to resort to judicial remedies when aggrieved. After all, we still follow a rule of law, despite those in high places who believe that power comes from the barrel of a gun.
1 comment
Thank you very much! It helped me know what my rights are. This is very helpful!