HUMAN-RIGHTS-REVIEWER.docx

**HUMAN RIGHTS** Jose Zalaquett, *Chilean Lawyer* ================================ - *Human Rights* are the [aggregate of privileges, claim, benefits,] [entitlements and moral guarantees] that pertain to man because of his humanity. - human rights are regarded as a system of values o...

**HUMAN RIGHTS** Jose Zalaquett, *Chilean Lawyer* ================================ - *Human Rights* are the [aggregate of privileges, claim, benefits,] [entitlements and moral guarantees] that pertain to man because of his humanity. - human rights are regarded as a system of values or as elements which are [inherent to human dignity]. In his book, "*The Rights of* *Man*," Jean Jacques Maritain, *French Philosopher* =========================================== Pope John XXIII =============== - In his papal encyclical \"*Pacem In Terris*,\" he showed the connection between a human person and his possession of rights. - He wrote that \"any human society, if it is to be well -ordered and productive, must lay down as a foundation, this principle, namely, [that every human being is a person, that] [is, his nature] [is endowed with intelligence and full will]. By virtue of this, he has rights and duties, flowing directly and simultaneously from his very nature". Wahiu, 2011 =========== Jose "Ka Pepe" W. Diokno, ========================= - Father of Human Rights in the Philippines - ***\"No cause is more worthy than the cause of human rights\" and \"they are what make man human*\"** said in a lecture delivered at a Convocation on Human Rights in 1981 United Nations ============== FOUNDATION OF HUMAN RIGHTS ========================== **1. Philosophical Foundation** Two (2) Basic Philosophical Foundation Rationality- reasoning Free will- freedom --------------------------------------------- 2. Legal Foundation ------------------- - Due Process - Because of Adam and Eve, the foundation of human rights became visible. ***Rights.*** 3. Theological or Spiritual --------------------------- [Christianity] - **Imago Dei:** The concept of humans being created in the image of God is central to Christian theology. This implies that all individuals possess inherent dignity and worth. - **Golden Rule:** Jesus\' teaching, \"Do unto others as you would have them do unto you,\" emphasizes the importance of treating others with respect and compassion. - **Love of Neighbor:** The biblical commandment to love one\'s neighbor as oneself reinforces the idea of human solidarity and the obligation to protect the rights of others. [Islam] - **Unity of Humanity:** Islamic teachings emphasize the common origin of all humans from a single soul, promoting the idea of human brotherhood and equality. - **Justice and Equity:** The Quran frequently calls for justice and fairness in human interactions, which implies the recognition and protection of individual rights. - **Human Dignity:** Islam affirms the inherent dignity of all human beings, regardless of their race, ethnicity, or social status. [Buddhism] - **Interconnectedness:** Buddhist philosophy posits that all beings are interconnected and interdependent. This understanding promotes compassion and respect for all life forms. - **Suffering and Liberation:** The Four Noble Truths and the Eightfold Path emphasize the elimination of suffering and the pursuit of enlightenment. This implies a commitment to ethical behavior and the protection of the rights of others. [Hinduism] - **Dharma:** The concept of dharma, or righteous duty, guides individual and societal behavior. This includes the obligation to respect the rights of others and to uphold social justice. - **Atman and Brahman:** The belief in the ultimate unity of all beings (Atman) with the divine (Brahman) promotes a sense of interconnectedness and compassion. 4. Historical Foundation ------------------------ - **[Magna Carta (1215)]** established certain rights for nobles - **[Declaration of Independence (1776)]** declared the inalienable rights of \"life, liberty, and the pursuit of happiness.\" - **[French Declaration of the Rights of Man and of the] [Citizen (1789)]** this document articulated the rights of individuals, including equality, liberty, and property. - **[Abolition of Slavery (19th century)]** recognizing the fundamental rights of enslaved people. - **[Industrial Revolution and Labor Rights]** emergence of labor movements and the fight for workers\' rights - **[World Wars and Human Rights Violations]** this led to the creation of the United Nations and the adoption of the Universal Declaration of Human Rights. 3 PRINCIPLES ============ (Sarmiento, 1995, p. 49). CHARACTERISTICS =============== STAGES ====== SOURCES AND FOUNDATION OF HUMAN RIGHTS ====================================== 1. THE 1987 CONSTITUTION ------------------------ - The basic source of human rights law in the Philippines is the 1987 Constitution. - It is rich in human rights content and constitutes a vast improvement of the previous Philippine Constitutions, namely: - [The 1897 Biak-na-Bato Constitution ] - The 1899 Malolos Constitution - The 1935 Constitution - The 1943 Constitution - The 1973 Constitution - The 1986 Freedom Constitution. ***First generation of rights*** ***Second generation of rights*** ***Third generation of rights*** - A novel feature of the 1987 Constitution is the independent constitutional office called the *Commission on Human Rights*, one of the first national human rights commission in the world. - The 1987 Constitution has been the basis of laws passed by Congress dealing with the first generation of rights like [Republic] [Act No. 7438 (*Rights of Persons Arrested, Detained or Under*] [*Custodial Investigation*)] - Second generation of rights like [Republic Act No. 6657] [(Comprehensive Agrarian Reform Law)] - Third generation of rights like [Republic Act No. 7192 (Women in] [Development and Nation-Building Act)] - The 1987 Constitution is sometimes called a Human Rights Constitution because of its ***many human rights and human rights- related provisions*** found in several of its articles. The 1987 Constitution is the seventh Constitution ***drafted by Filipinos*** 2. THE INTERNATIONAL BILL OF RIGHTS ----------------------------------- - **[1987 Philippine Constitution Article II, Section 2]** "The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international laws as part of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations". - **[U Thant]**, former Secretary General of the United Nations has called the three (3) documents plus the Optional Protocol to the Covenant on Civil and Political Rights as a ***\"Magna Carta for mankind\"*** and [\"is the essential prerequisite for peace at] [home and in the world\"] - The Commission on Human Rights of the United Nations was tasked to prepare the Universal Declaration of Human Rights. - The Commission established a drafting committee composed of eight (8) members chaired by [**Mrs. Eleanor Roosevelt**.] - ****, adopted the draft Declaration and submitted it to the UN THREE (3) OBLIGATIONS OF STATE PARTIES ====================================== 1. **Obligation to Respect** 2. **Obligation to Ensure** 3. **Obligation to Protect** **[UDHR]** - Today, the [*Declaration is considered as the first internationally adopted catalogue of human rights* and is one of the best legal instruments on human rights ever adopted. ] - It sets the Guinness World Record for most translated document in the world. - Former High Commissioner for Human Rights, ***[Mary Robinson]***, said that the common *language [of] [humanity, the language of human rights,]* is enshrined in the Rights, 2013). 3. PHILOSOPHY ------------- 4. RELIGION ----------- - ***Key Biblical and Quranic Charity and Human Dignity*** - ***Christian Teaching on Charity*** - ***Dignity of Human Life*** - ***Islamic Teachings on Life, Dignity, and Justice*** KINDS (GENERATION OF RIGHTS) ============================ - The rights of every person are so many Czech- French jurist ***[Karel Vasak]*** in 1979 to classify them into three (3) generations of rights. [The first generation is known as first generation of civil and political rights.] The second generation known as the second generation of economic, social, and Cultural rights. The third generation is known as the third generation of solidarity rights or collective rights. - Karl Vasak\'s three (3) divisions follow the French Revolution\'s three (3) slogans: ***Liberty, Equality, Fraternity.*** 1^st^ Generation of Rights *(Civil and Political Rights*) --------------------------------------------------------- - The first generation of rights gradually evolved over centuries during the long development of democratic society and ***serve as a protection of the individuals from the arbitrary exercise of police power***. - Examples of these rights are the ***[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, etc. The first generation of civil and political rights is also known as the ***[first generation of] [liberty rights.]*** - Winluck Wahiu writes that civil and political rights are individual rights against the state and are partly seen as negative rights because they prevent the state from the performance of certain things that are considered harmful (Wahiu, p. 3). ### Bill of Rights in the 1987 PH Constitution ### Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law ### Universal Declaration of Human Rights ### International Covenant on Civil and Political Rights 2 ^nd^ Generation of Rights *(Economic, Social, and* 2 *Cultural Rights*) ------------------------------------------------------------------------- - The second generation of rights started to be recognized when people realized that possession of the first generation of liberty rights would be valueless without the enjoyment of economic, social, and cultural rights. - The experience of the Third World countries in their struggle against Colonialism, the influence of Socialism and the encyclicals of the Popes all contributed to the development and appreciation of the economic, social, and cultural rights. - Examples of these rights are the right to work, right to social security, right to form and to join trade unions; right to education, right to rest and leisure, right to health, right to shelter, etc. *The second generation of economic, social, and cultural rights is also known as **[the second generation of] [equality rights.]*** ### Universal Declaration of Human Rights ### International Covenant on Economic, Social, and Cultural Rights 3^rd^ Generation of Rights *(Solidarity/ Collective Rights*) ------------------------------------------------------------ - The third generation of rights is intended to ***benefit individuals, groups and peoples and its realization will need global cooperation based on international solidarity*** (Rosas and Scheinin, 1999). - Examples of these rights are right to peace, right to development, environmental rights, right of selfdetermination. right to food, rights of women, rights of children, and right to humanitarian disaster relief. - The latest right is right to water. This third generation of rights is also known as the ***[third generation of solidarity rights.]*** ### Peace, Development, Environment ### Women, Children, Persons with Disabilities, Indigenous Peoples ### Women ### Children - the right to survival, - the right to develop to the fullest to protection from harmful influences, abuse and exploitation and; - to participate fully in family, cultural and social life - **The first is the Optional Protocol** on the involvement of children in armed recruitment and requires States to do everything they can to prevent children under the age of 18 from taking direct part in hostilities. - **The second is the Optional Protocol** on the sale of children, child prostitution, and child pornography that draws special attention to the criminalization of serious violations of human rights and emphasizes the need for public awareness and international cooperation to combat them. ### Persons With Disabilities (PWDs) ### Indigenous Peoples