11.1 Peace & Human Rights Concepts
Key Takeaways
- The UDHR was adopted by the UN General Assembly on December 10, 1948, contains 30 articles, and is marked annually as Human Rights Day.
- Human rights are inherent, universal, inalienable, and indivisible — held by virtue of being human, not granted by any government.
- The Commission on Human Rights (CHR), created under Article XIII of the 1987 Constitution, investigates civil and political rights violations but cannot prosecute.
- Negative peace is the absence of violence; positive peace adds justice, equity, and harmonious relationships (Johan Galtung).
- RA 9745 is the Anti-Torture Act of 2009; RA 9851 penalizes genocide, war crimes, and crimes against humanity.
Why Peace and Human Rights Appear on the Exam
The General Information area makes up roughly 14% of the 170-item Professional exam, and it tests whether a future government employee understands the values that underpin public service. Two of the most heavily tested themes are peace and human rights. You are not expected to be a lawyer, but you must recognize the Universal Declaration of Human Rights (UDHR), the role of the Commission on Human Rights (CHR), and the difference between kinds of rights and kinds of peace. Items are usually short definition or scenario questions, so precise facts — dates, agency names, and RA numbers — earn easy points.
The Universal Declaration of Human Rights (1948)
The UDHR was adopted by the United Nations General Assembly on December 10, 1948 in Paris, as Resolution 217 A. That date is now commemorated worldwide as Human Rights Day. The declaration contains 30 articles proclaiming that all human beings are 'born free and equal in dignity and rights.' Although it is not itself a binding treaty, it inspired later binding covenants and most national constitutions, including the Philippine Bill of Rights (Article III of the 1987 Constitution).
The UDHR affirms that human rights are:
- Inherent — you have them simply by being human, not because a government grants them.
- Universal — they apply to everyone, everywhere, regardless of nationality, sex, religion, or status.
- Inalienable — they cannot be taken away or surrendered.
- Indivisible and interdependent — civil, political, economic, social, and cultural rights are of equal importance.
Two Families of Rights
Exam items often ask you to classify a right. Memorize this split:
| Category | Also called | Examples | Key UN treaty |
|---|---|---|---|
| Civil and political rights | 'first-generation' | life, liberty, fair trial, free speech, voting, freedom from torture | ICCPR (1966) |
| Economic, social and cultural rights | 'second-generation' | education, work, health, food, social security | ICESCR (1966) |
| Solidarity / collective rights | 'third-generation' | development, a healthy environment, peace | various declarations |
A classic trap: the right to vote and the right to a fair trial are civil/political, while the right to education and health are economic/social/cultural. Remember that rights of the first family protect you from government abuse, while the second family requires government to provide something.
The Philippine Commission on Human Rights
The Commission on Human Rights (CHR) is an independent constitutional office created under Article XIII, Sections 17-19 of the 1987 Constitution. Its core mandate is to investigate all forms of human rights violations involving civil and political rights. Note its limits carefully: the CHR investigates and recommends but cannot prosecute or convict — prosecution belongs to the Department of Justice and the courts. It can grant immunity to witnesses, provide legal aid to the underprivileged, and monitor government compliance with international human-rights treaties. Do not confuse the CHR with the Commission on Audit (COA), the Commission on Elections (COMELEC), or the Civil Service Commission (CSC) — this is a favorite distractor set on the exam.
Key Philippine Human-Rights Laws
Two statutes are frequently tested:
- RA 9745 — Anti-Torture Act of 2009. Criminalizes torture and other cruel, inhuman, or degrading treatment or punishment by persons in authority. It bans secret detention facilities, guarantees a detainee's right to a physical and psychological examination, and applies command responsibility to superior officers.
- RA 9851 — Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (2009). Defines and penalizes war crimes, genocide, and crimes against humanity under Philippine law.
Other rights-based laws that may appear include RA 9710 (Magna Carta of Women), RA 7277 (Magna Carta for Persons with Disability), and RA 11313 (Safe Spaces Act).
Peace Concepts: Negative vs. Positive Peace
Peace studies distinguish two ideas associated with peace scholar Johan Galtung:
- Negative peace — the mere absence of war, violence, or direct conflict. The guns are silent, but injustice may remain.
- Positive peace — the presence of justice, equity, and harmonious relationships; it addresses root causes of conflict such as poverty and discrimination.
A culture of peace, promoted by the UN and UNESCO, is a set of values and behaviors that reject violence and settle disputes through dialogue, tolerance, and cooperation.
Peaceful Conflict Resolution
Government employees are expected to settle disputes without violence. The main non-violent methods, from least to most binding, are:
- Negotiation — the parties talk directly.
- Mediation — a neutral third party helps them reach agreement (non-binding).
- Arbitration — a neutral third party issues a decision the parties agreed in advance to accept.
- Adjudication — a court or tribunal imposes a binding ruling.
On the exam, the 'best' response to a conflict scenario is almost always the peaceful, dialogue-based option (negotiation or mediation), never armed retaliation, an economic blockade, or forced displacement — the last of which itself violates human rights.
Common Exam Traps
Watch for three recurring distractors. First, the UDHR is a declaration, not a binding treaty — its legally binding counterparts are the two 1966 covenants, the ICCPR and the ICESCR. Second, the CHR can investigate and recommend but cannot arrest, prosecute, or impose penalties; a scenario that says the CHR 'convicted' someone is wrong. Third, when an item asks for the best action of a public servant facing conflict, the credited answer is dialogue-based — mediation or negotiation — not retaliation or suppression. A quick memory hook: human rights are I-U-I — Inherent, Universal, Inalienable — and December 10 is both Human Rights Day and the UDHR's anniversary.
In what year did the United Nations General Assembly adopt the Universal Declaration of Human Rights (UDHR)?
Which independent body is constitutionally mandated to investigate human rights violations involving civil and political rights in the Philippines?
A community has no open fighting, yet deep poverty and discrimination persist. This situation best illustrates which concept?