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SIMON VS. COMMISSION ON HUMAN RIGHTS G.R. NO. 100150

SIMON VS. COMM. ON HUMAN RIGHTS
G.R. NO. 100150 JANUARY 05, 1994


Facts: 

Petitioner Mayor Simon asks to prohibit CHR from further hearing and investigating "demolition case" on vendors of North EDSA.

Issue:

Whether the CHR is authorized to hear and decide on the "demolition case" and to impose a fine for contempt.

Ruling:

 Section 18, Article XIII, of the 1987 Constitution empowered the CHR to investigate all forms of human rights violations involving civil and political rights. The demolition of stalls, sari-sari stores and carenderia cannot fall within the compartment of "human rights violations involving civil and political rights".

Human rights are the basic rights which inhere in man by virtue of his humanity and are the same in all parts of the world. Human rights include civil rights (right to life, liberty and property; freedom of speech, of the press, of religion, academic freedom; rights of the accused to due process of law), political rights (right to elect public officials, to be elected to public office, and to form political associations and engage in politics), social rights (right to education, employment and social services.

Human rights are entitlements that inhere in the individual person from the sheer fact of his humanity...Because they are inherent, human rights are not granted by the State but can only be recognized and protected by it.Human rights includes all the civil, political, economic, social and cultural rights defined in the Universal Declaration of Human Rights. Human rights are rights that pertain to man simply because he is human. They are part of his natural birth, right, innate and inalienable.

CIVIL RIGHTS - are those that belong to every citizen and are not connected with the organization or administration of the government.

POLITICAL RIGHTS - are rights to participate, directly or indirectly, in the establishment or administration of the government.

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