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HUMAN RIGHTS

CHAPTER 1 – THE NATURE OF HR

Definition

-  Aggregate of privileges, claim benefits, entitlements and moral guarantees that pertain to man

because of his humanity-  Jose Zalaquet

  HR are regarded as a system of values or as elements which are inherent to human

dignity

-  Jean Jacques Maritain

  Human possesses rights because of the very fact that it is a person, a whole, master of

itself, and its acts, and which consequently is not merely a reason to an end but an end

which must be treated as such

-  Pope John XXIII

  Any human society, if it is well-ordered and productive, must lay down as a foundation,

this principle that every human being is a person and his nature is endowed with

intelligence and free will. By virtue of this, he has rights and duties, flowing directly and

simultaneously from his very nature

-  Legal and moral entitlements that gave evolved as a basis for constructing how state power is

used and particularly to limit its use against the right of citizens

-  Jose Diokno

  No cause is more worthy than the cause of human rights and that they are what make

man human

3 Kinds

-  Karel Vasak’s 3 generation of rights (follow Liberty, equality and fraternity) 

 

(1) Civil and political

  Evolved during the long development of democratic society

  Serve as protection of individuals from arbitrary exercise of police power

  Examples

  Right to life, liberty and security of person

  Right against torture

  Right to equal protection against any discrimination

  Right against arbitrary arrest and detention

  Right to a fair and public hearing by an independent and impartial tribunal

  Right to be presumed innocent until proven guilty

 

Right to privacy, freedom of opinion and expression   AKA “generation of liberty rights” 

  Winluck Wahiu

  Individual rights against the state and are partly seen as negative rights

as they prevent the state from the performance of certain things

  (2) Economic, social and cultural

  Recognized when people reaized that possession of the 1st gen of liberty rights

would be valueless w/o enjoyment of economic, social, and cultural rights

  Who Contributed?

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  3rd world countries – struggle against Colonialism, Socialism and

encyclicals of Popes

  Examples

  Right to work

  Right to social security

 

Right to form and join trade unions

 

Right to education

 

Right to rest and leisure

  Right to heath

  Right to shelter

   AKA “generation of equality rights” 

  (3) Solidarity or collective

  Intended to benefit individuals, groups, and peoples and its realization will need

global cooperation based on international solidarity

  Examples

  Right to peace

 

Right to development,

 

Environmental rights

 

Right of self-determination

 

Right to food

  Rights of women

  Rights of children

  Right to humanitarian disaster relied

  Right to water

   AKA “generation of solidarity rights” 

3 Principles

-  (1) Universality

  Rights to belong to and are to be enjoyed by all humans without distinction of any kind

such as race, color, sex or language, religion, political and other opinion, natural or

social origin, property, birth or stature

  HR belong to everyone wherever they are because they are humans endowed with

dignity

  Internationally-recognized HR are basic core minimum to be observed everywhere w/o

regional differences

 

HR belong to everyone, everywhere by virtue of being human  No one, group, place in the world should be denied the enjoyment of HR

-  (2) Indivisibility and (3) Interdependence

  The 1st and 2nd generation are inter-related and are coequal in importance

  They form and indivisible whole and only if these rights are guaranteed that an individual

can live decently and in dignity

  The international community must treat HR in equal manner, on the same footing and

with the same emphasis

  Jose Diokno

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  Handled HR cases on marginalized an basic sectors which confirmed the vaidity

of the principles of indivisibility and interdependence

3 Characteristics

-  (1) Inherent

  Rights are birthright of all humans, existing independently of the will of either an

individual or group  Not obtained and granted through any human action or intervention

  When 1 is born, he carries with them these rights and cannot be separated or detached

from him

-  (2) Inalienable (Unalienable)

  No person can deprive any person these rights and no person can repudiate these rights

by himself

  Rights cannot e subject of the commerce of man

-  (3) Universal

  Rights belong to every human, no matter what he or she is like.

 

Rights are universal  Its promotion and protection are the duty of al states regardless of cultural,

economic or political systems

3 Stages

-  (1) Idealization

  Notions about HR have started in the realm of ideas that reflect consciousness against

oppression, dehumanization, or inadequate performance by the state

-  (2) Positivation

  Support for ideas became strong and the stage is set to incorporate them into some

legal instruments, whether domestic law or international law-  (3) Realization

  Rights are enjoyed by the citizens by the transformation of social, economic and political

order

3 Obligations of State Parties to International Covenants

-  (1) Respect

  Indicates the character of civil and political rights

  Commanding SP to refrain from restricting the exercise of these rights where such is not

expressly allowed

 

Example  Prohibition of torture

  Protection of privacy – prohibit arbitrary interference

  Political freedoms – authorize SP to impose restrictions

-  (2) Ensure

  Positive character of civil and political rights and the economic, social and cultural rights

  SP must be proactive to enable individuals to enjoy their rights

  Example

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  Adopt exec, judi, and leg measures – provide an effective remedy to victims of

HR violators

  Safeguard certain rights by means of procedural guarantees

-  (3) Protect

  Prevent private individuals, groups, or entities from interfering with the individual’s civil

and political rights

 

Horizontal efforts (app of HR between individuals or other private subjects) depend onwording of a given right

  Example

  Prohibition of slavery

  Prohibition of advocacy of racial hatred

  The right to the protection of law – signify the need to take positive means, to

protect children, the family and tights to life, liberty and equality