University of the Cordilleras

College of Law

Human Rights Law

Professor:
Atty. Nestor Mondok

Reporters:
GROUP 1 – UDHR
Section 2-D

KARA KARYS CUTI

- Structure of the universal Declaration of Human Rights (UDHR)
- Objectives of Universal Declaration of Human Rights (UDHR)

KIMBERLY JHAN BRIONES

- Implementation of Universal Declaration of Human Rights (UDHR)
- Crucial Problems in the Implementation of UDHR

October 25 , 2019
University of the Cordilleras
College of Law
Human Rights Laws Fist Semester: SY2019 – 2020
Page 1 of 10
Course Title: Human Rights Law
Professor: Atty. Nestor Mondok
Reporters: Kara Karys G. Cuti, Kimberly Jhan Briones

Scope/Topics: - Universal Declaration of Human Rights (UDHR)

Credit: 2 units

Topic Description: This lesson discusses the Universal Declaration of Human Rights

Learning Outcomes: At the end of the lesson, the learner is expected to be able to do the
following:

1. Enumerate the main provisions of UDHR

2. Identify the objects of UDHR
3. Determine the implementing laws of UDHR

Master Schedule:

Topic Learning Objective Reference

 Retrieved from:
https://www.equalrightstrust.org/ertdocu
mentbank/Brown-Universal-Declaration-
Introduction  Understand the Human-Rights-21C.pdf
Universal Declaration
of Human Rights https://shodhganga.inflibnet.ac.in/bitstr
eam/10603/148743/9/09_chapter
%203.pdf

 Retrieved from:
 Familiarize with the https://www.equalrightstrust.org/ertdocu
main provisions of mentbank/Brown-Universal-Declaration-
UDHR Human-Rights-21C.pdf
 Identify Cassin’s
Structure of the Model of the UDHR https://shodhganga.inflibnet.ac.in/bitstr
Declaration  Discern the duties eam/10603/148743/9/09_chapter
constituting the %203.pdf
entitlements
provided by the  Petralba, P. (2013). Hornbook on
declaration International and Philippine Human
Rights Laws.pp 150
 Recognize those
active in the
 Retrieved from:
implementation of
Implementation of https://www.equalrightstrust.org/ertdocu
UDHR
UDHR mentbank/Brown-Universal-Declaration-
 Identify crucial
Human-Rights-21C.pdf
problems in UDHR
implementation

References:
Human Rights Laws Fist Semester: SY2019 – 2020
Page 2 of 10
  https://www.equalrightstrust.org/ertdocumentbank/Brown-Universal-Declaration-
Human-Rights-21C.pdf
 Petralba, P. (2013). Hornbook on International and Philippine Human Rights
Laws.pp 150

Date: October 25,2019 Lesson No. 01

Lesson Title:
1. STRUCTURE OF THE UNIVERSAL DECLARATION OF HUMAN
RIGHTS (UDHR)
2. OBJECTS OF UNIVERSAL DECLARATION OF HUMAN RIGHTS
(UDHR)
3. IMPLEMENTATION OF UNIVERSAL DECLARATION OF HUMAN
RIGHTS (UDHR)
4. CRUCIAL PROBLEMS IN THE IMPLEMENTATION OF UDHR

INTRODUCTION
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United
Nations General Assembly on December 10, 1948 at Palais de Chaillot at Paris. The UDHR is
considered a milestone document in the history of human rights against the oppression and
discrimination as it set out, for the first time, fundamental human rights to be universally
protected,
“inherent dignity and of the equal or inalienable rights of all
members of the human family as the foundation of freedom, justice and
peace in the world” ...
There was emphasis on human rights activism and legislation as the Declaration
arose directly from the experience of the Second World War and represents the first global
expressions of rights to which all human beings are inherently entitled. It has also served as
the foundation for a growing number of national laws, international laws, and treaties, as
well institutions protecting and promoting human rights.
The UDHR is remarkable in two fundamental aspects. In 1948, the then 58 Member
states of the United Nations represented a range of ideologies, political systems and
religious and cultural backgrounds as well as different stages of economic development.
Most important of the UDHR was to be a common statement of mutual aspirations – a
shared vision of a more equitable and just world.

MAIN PROVISIONS OF UNIVERSAL DECLARATION OF HUMAN RIGHTS

(UDHR)
A. Civil and Political Rights- Civil and political rights are in the first generation of rights.
These are negative rights, and they restrict States interference in people's personal
freedoms. The first generation rights relate to liberty. The first 21 articles of the UDHR are
basically civil and political rights. The nature of civil and political rights may be different but
they are inter-related and interwoven, and therefore, it does not appear logical to
differentiate them. This reason alone to the formulation of one Covenant covering
both—civil and political rights into one Covenant, i.e., International Covenant on
Civil and Political Rights.

Human Rights Laws Fist Semester: SY2019 – 2020

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 B. Economic, Social and Cultural Rights ( Second Generation Rights)- Economic, social
and cultural rights are the rights that protect individuals’ socio-economic and cultural
needs. The International Covenant on Economic, Social and Cultural Rights was adopted by
the General Assembly in 1966, entered into force in 1976, and gives these rights legally
binding force. The second generation rights provide necessary conditions for
property and wellbeing, and are related to equality. They are positive rights in that
they require government intervention in ensuring the provision of these rights.
C. Solidarity Rights (Rights of Third Generation)-In addition to the above rights there is
another kind of rights which may be enjoyed by individuals collectively such as right to
development, right to a protected environment, right to self-determination or the physical
protection of the group as such through the prohibition of genocide. Such rights are referred
to collective rights. Although it is difficult to maintain difference between individual’s rights
and collective rights, it may be stated that while individual’s rights are available to
individuals of a group, collective rights are not available to individuals alone. They may be
enjoyed by a group of individuals collectively.

Obligations of States (Duty Holder): Once States have ratified human rights treaties,
there are obligations that go along with that. States have obligations to respect, protect and
fulfill the rights enshrined in the treaty they sign. The obligation to respect is a negative one
that demands States to refrain from interfering with the enjoyment of conventional rights.
The obligation to protect is positive, and it requires States to prevent others from
interfering with the enjoyment of rights. The obligation to fulfill is positive and requires the
State to adopt measures towards the full realization of rights.

STRUCTURE OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

(UDHR)
The Universal Declaration of Human Rights (UDHR) initial draft was prepared by
Canadian scholar John Peters Humphrey and finalized by draft by French scholar Rene
Cassin. The basic Structure of the Declaration as developed by Cassin is consisted of 30
articles to which he compared it with the Portico of Greek temple with foundation, steps,
four columns, and pediment.

UDHR Rene Cassin Model

1.Preamble As Seven Steps of the Composed of Seven Paragraphs
portico
2.Articles 1 and 2 As Foundation Block of Define principles of dignity, liberty, equality
the portico and brotherhood
As Four Columns of the portico
Column One Fr. Articles Constitute rights of
3 to 11 individuals
Column Two Fr. Articles Elaborate Rights of individual
3.Articles 3 to 27
12 to 17 in civil and political society
Column Three Fr. Articles Concern with spiritual, public
18 to 21 and political rights

Human Rights Laws Fist Semester: SY2019 – 2020

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 Column Four Fr. Articles Setting out Economic, social
22 to 27 and cultural rights
4. Articles 28 to As a Pediment that binds the States the duties of the
30 structure together. individuals to society and
prohibition of use of power
against the purpose of UN.

OBJECTIVES OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

(UDHR)
Preamble- as the seven (7) steps of the portico refers to the main objectives of the
Universal Declaration of Human Rights (UDHR) wherein:

Human Rights Laws Fist Semester: SY2019 – 2020

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 It recognizes the inherent dignity and the equal and inalienable rights of all members of
the human family as the foundation of freedom, justice and peace in the world,
 It disregards and contempt for human rights that have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world where human
beings shall enjoy freedom of speech and belief and freedom from fear and want has
been proclaimed as the highest aspiration of the common people,
 It is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion
against tyranny and oppression, that human rights should be protected by the rule of
law, be protected by the rule of law,
 It is essential to promote the development of friendly relations between nations,
 The people of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the
equal rights of men and women and have determined to promote social progress and
better standards of life in larger freedom,
 Member States have pledged themselves to achieve, in cooperation with the United
Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms,
 There is a common understanding of these rights and freedoms is of the greatest
importance for the full realization of this pledge.
Articles of the Universal Declaration of Human Rights (UDHR)

The 30 Articles of the Universal Declaration of Human Rights (UDHR) refers to the objects
inherent to every human being to which every state, local and international, upon their
proclamation of the UDHR as their common standard, in promoting respect for the rights
and freedoms provided in the declaration.
Objects of Universal Declaration of Human Rights (UDHR)
Article 1- All human beings are born free and equal in
dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of
As Foundation Block of
brotherhood.
the portico
Article 2- Right against discrimination (in terms of race,
color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status…)

Column Articles
-It is the duty of every human being to ensure that the
following rights and freedom are observed, respected and
protected from any misuse and abuse.
One (1) Art. 3 Right to Life, Liberty, Personal Security
Art. 4 Freedom from slavery
Art. 5 Freedom from torture and degrading treatment
Art. 6 Right to recognition as a person before the law
Art. 7 Right to equality before the law
 Art. 8 Right to remedy by competent Tribunal
Art. 9 Freedom from arbitrary arrest and exile
Art. 10 Right to fair public hearing
Art. 11 Right to be considered innocent until proven guilty
Two (2) Art. 12 Freedom from interference with privacy, family, home
and correspondence
Art. 13 Right to free movement in and out of the country
Art. 14 Right to Asylum in other countries from persecution
Art. 15 Right to a nationality and the freedom to change it
Art. 16 Right to marriage and family
Art. 17 Right to own property
Three (3) Art. 18 Freedom of belief and religion
Art. 19 Freedom from opinion and information
Art. 20 Right of peaceful assembly and association
Art. 21 Right to take part in the government
Four (4) Art. 22 Right to social security
Art. 23 Right to work
Art. 24 Right to rest and leisure
Art. 25 Right to adequate standard of living
Art. 26 Right to education
Art. 27 Right to freely participate

Article 28- Everyone is entitled to a social and international

order in which the rights and freedoms set forth in this
Declaration can be fully realized.

Article 29- Everyone has duties to the community in which alone

the free and full development of his personality is possible.
(Subject to limitations. The exercise of this rights must not be
contrary to the purposes and principles of the United Nations.
As a Pediment that
binds the structure Article 30- Nothing in this Declaration may be interpreted as
together implying for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any of
the rights and freedoms set forth herein.

IMPLEMENTATION OF THE UDHR

The Universal Declaration of Human Rights is generally agreed upon as the basis of
international human rights law. It continues to be an inspiration to all of us, both in
handling injustice, in times of conflict, in oppressed communities, and in our efforts to
achieve universal enjoyment of human rights.
 It is a universal recognition that fundamental rights and fundamental freedoms are
inherent in all human beings, irreversible and equally applicable to all, and that each one of
us is born free and equal to dignity and rights.

The UDHR is not a treaty so it doesn’t have any binding legal obligations. Roosevelt
described the Declaration as being a “statement of principles setting up a common standard
of achievement for all peoples and all nations” and “not a treaty or international
agreement”. However, the document is a paramount expression of the fundamental values
which are meant to be shared by all members of the international community.

The International Law Protect Human Rights

International human rights law establishes obligations that countries must respect.
By becoming parties to international treaties, states assume obligations and obligations
under international law to respect, protect and fulfill human rights. The obligation to fulfill
means that the state must take positive action to facilitate the enjoyment of human rights.
Therefore, the domestic legal system provides the ultimate legal protection of
human rights guaranteed under international law. If domestic legal proceedings fail to
address human rights violations, mechanisms and procedures for individual and group
complaints are available at the regional and international levels to ensure that international
human rights standards are respected, implemented and implemented at the local level.

Organization who play an active role in the implementation of the UDHR

Below are some examples of the many organizations around the world dedicate
their efforts to the protection of human rights and bringing an end to human rights abuses.
Major human rights organizations document violations and call for remedial action, both at
a governmental and grass-roots level. Public support and condemnation of abuses is
important to success; as human rights organizations are most effective when their calls for
reform are backed by strong public advocacy.

AMNESTY INTERNATIONAL

Amnesty International is a worldwide movement of people who campaign for

internationally recognized human rights for all.

HUMAN RIGHTS WATCH

Human Rights Watch is dedicated to protecting the human rights of people around
the world. They investigate and expose human rights violations, hold abusers
accountable, and challenge governments and those who hold power to end abusive
practices and respect international human rights law.

HUMAN RIGHTS WITHOUT FRONTIERS (HRWF)

HRWF focuses on monitoring, research and analysis in the field of human rights, as
well as promotion of democracy and the rule of law on the national and
international level.

ASIAN HUMAN RIGHTS COMMISSION

The Asian Human Rights Commission works to achieve the following priorities,
among others: to protect and promote human rights by monitoring, investigating,
advocating and taking solidarity actions.

Problems on implementation
 In the 70 years since its announcement, the document has profoundly influenced the
development of international human rights law. It advanced regional frameworks, each
binding to differing degrees, such as the European Convention of Human Rights (ECHR) and
the African Charter on Human and Peoples’ Rights. Furthermore, the declaration has also
been constantly invoked by countries. To some legal scholars, this perpetual reliance on the
UDHR has been sufficient enough to promote it to the status of (legally) binding customary
international law.
In 2004, however, the United States Supreme Court stated during the conclusion of Sosa v
Alvarez-Machain, “the Declaration does not of its own force impose obligations as a matter of
international law”. Thus, the UDHR still remains in that limbo that many non-binding
international standards exist within.

TWO CRUCIAL PROBLEMS

Time and again one of the crucial problems of the UDHR has been its non-binding
nature, as this drastically reduces accountability. Additionally, human rights enforcement
today extends way beyond the UDHR. In fact, the nine “core” international human rights
instruments designed to “monitor implementation of the treaty provisions by its States
parties,” stand separate from the UDHR.

This shows that where the UDHR is non-binding state parties have often violated it.
Even where treaties it has influenced are binding, crucial states, such as the US, consistently
fail to ratify them, thus dodging obligations. While smaller, less powerful states are checked
through political pressures, history has shown that countries such as the US, Russia and
China often violate their legal obligations with few consequences.

Second, another problem for the UDHR is the issue of cultural relativism, which
refers to the concept whereby a person’s beliefs, values and practices need to be
understood under the purview of his/her culture rather than the criteria of an overarching
belief system. Due to the same, characterizing human rights as “common” becomes
problematic. Indeed, in many non-western states, the human rights framework has often
been dismissed as ‘western propaganda’ meant to establish the ‘superiority of the west’ at
the cost of local cultures and traditions.

With these factors in mind, it is very difficult to answer the question of whether the
UDHR and related documents have been “successful”. While the current political
atmosphere certainly presents a pessimistic stance especially with the Trump
administration’s decision to reduce its commitments to international treaties, it is naive to
dismiss the system as a complete failure. While imperfect, we would certainly be
disadvantaged without the UDHR. As we approach the 70th anniversary of the
implementation of the Declaration we must exercise great caution to preserve and build
upon the system.

Our laws on implementing:

Right to life, liberty, property, privacy, & security of person

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

The right not to be subjected to arbitrary arrest, detention, or exile

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
The right to work & protection against unemployment

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

SSS - RA 8282, amending RA 1161— The Social Security Law

GSIS- RA 8291—The Government Service Insurance System Act
Phil health- RA 10606, RA 7875, RA 9241
PAG-IBIG- RA 9679, PD 1752, RA 7742