HRP431 Finals Reviewer – SORIX PDF

HRP431 FINALS REVIEWER – SORIX INCOMPLETE REVIEWER Peacemaking refers to diplomatic efforts to bring hostile...

HRP431 FINALS REVIEWER – SORIX INCOMPLETE REVIEWER Peacemaking refers to diplomatic efforts to bring hostile parties to an agreement, and may include coercive and Introduction to Peace and Conflict Studies forceful action Peacebuilding aims to promote peace and order by Peace is often equated with the absence of war, but it raising social structures, legal systems, and sometimes involves more than just the lack of violence even setting up a new government Johan Galtung, a renowned peace scholar, introduced While peacemaking and peacebuilding may involve the concepts of negative peace and positive peace some coercive measures, they are often complementary and can occur in different combinations and sequences Negative peace is the absence of violence, while positive peace is the presence of social justice and equality Structural violence refers to indirect violence caused by Positive Peace and Peacebuilding social structures that prevent people from meeting their basic needs Positive peace goes beyond the absence of violence and Cultural violence refers to aspects of a culture that can focuses on the presence of social justice, equity, and the be used to justify structural violence elimination of structural violence Direct positive peace involves physical acts of kindness Negative Peace and Positive Peace and words that cultivate positive and peaceful communities Negative peace is the absence of violence, which can be Structural positive peace addresses the inner structures of society, replacing tools of conflict with tools of peace achieved through negotiation, mediation, and and justice disarmament Cultural positive peace aims to legitimize peace and Positive peace is the presence of social justice and nonviolence through aspects of culture, such as religion, equality, and the absence of structural or indirect language, and media violence Peacebuilding requires the creation of an infrastructure Positive peace requires the development of just and that includes equity, entropy, symbiosis, broad scope, equitable conditions, as well as the elimination of large domain, and superstructure inegalitarian social structures Negative peace thinkers argue that it is unrealistic to equate peace with social justice, while positive peace Defining Peace: Negative and Positive thinkers assert that the structural roots of violent conflict must be addressed Negative peace is the absence of violence or fear of Building positive peace should be complementary to violence, which can be measured by the Global Peace practicing negative peace, as preventing the use of Index physical violence is more successful under certain social Positive peace refers to the attitudes, institutions, and structural conditions structures that create and sustain peaceful societies Positive peace is associated with better economic Forms of Violence outcomes, well-being, inclusiveness, and environmental performance Direct violence refers to physical injuries and infliction of Studying positive peace, like studying healthy human pain, such as killing, beating, and verbal abuse beings, can provide insights into what is needed to maintain peace and prevent violence Structural violence consists of inegalitarian and discriminatory practices that cause human misery, such Negative and positive peace are complementary, as both as poverty, hunger, repression, and social alienation the absence of violence and the presence of social justice are necessary for sustainable peace Cultural violence refers to any aspect of culture that can be used to justify structural violence, such as language, religion, ideology, and science The Concept of Peace Structural violence is often more difficult to recognize and challenge than direct violence, as it is indirect and Johan Galtung, a renowned peace scholar, introduced insidious in nature the concepts of negative peace and positive peace Cultural violence can mask structural violence and even Negative peace is the absence of violence, while positive make it seem natural or right, legitimizing the use of force peace is the presence of social justice and equality and perpetuating the cycle of violence Structural violence refers to indirect violence caused by social structures that prevent people from meeting their Conflict Resolution and Peacemaking basic needs Cultural violence refers to aspects of a culture that can The UN's Agenda for Peace includes four main be used to justify structural violence approaches: preventive diplomacy, peacemaking, Peace does not necessarily mean the absence of peacekeeping, and peacebuilding conflict, as conflict itself is not an inherently negative Peacekeeping involves the use of military personnel to occurrence help maintain or restore international peace and security, based on consent and cooperation Peace Studies and Peace Education 1  HRP431 FINALS REVIEWER – SORIX Peace and conflict studies is an interdisciplinary The UN's Agenda for Peace includes four main academic field that explores the conditions of peace and approaches: preventive diplomacy, peacemaking, the causes of war and conflict peacekeeping, and peacebuilding The academic evolution of peace and conflict studies is Peacekeeping involves the use of military personnel to divided into four phases: Evolutionary Phase (1648- help maintain or restore international peace and security, 1914), Post-evolutionary Phase (1914-1945), Institutional based on consent and cooperation Developments (1945-1990), and Contemporary Phase Peacemaking refers to diplomatic efforts to bring hostile (Post 1990) parties to an agreement, and may include coercive and Peace education is a holistic, interdisciplinary field that forceful action seeks to promote knowledge, skills, values, and attitudes Peacebuilding aims to promote peace and order by for peace raising social structures, legal systems, and sometimes The ultimate goal of peace education is the formation of even setting up a new government responsible, committed, and caring citizens who have Peacemaking and peacebuilding may involve some integrated the values into everyday life and acquired the coercive measures, but they are often complementary skills to advocate for them and can occur in different combinations and sequences Peace education must start in life's earliest years and should be tailored to the social and cultural context of a Ecological Peace and Violence country Peace with nature is considered the foundation for Conflict, Violence, and Cultures of Peace and War positive peace, as the Earth is the source of our survival, physical sustenance, health, and wealth Direct violence includes organized violence (war), Human behavior is intimately related to the availability of collective violence (between states or within a state), and basic resources, and rivalry over resources can lead to unorganized violence aggression and violent conflict A culture of peace is a set of values, attitudes, behaviors, Ecological peace refers to the harmony between human and ways of life that reflect and inspire nonviolence, beings and the natural environment, which is essential respect for human rights, and democratic participation for sustainable peace The Flower Model of a culture of peace includes Ecological violence includes the depletion and dismantling a culture of war and living in harmony with destruction of natural resources, as well as the the earth degradation of the environment, which can contribute to The Integral Model of a culture of peace emphasizes social conflicts and violence personal or inner peace, as well as peace with others Addressing ecological issues and promoting sustainable and with nature development are crucial components of building positive Culture of war refers to the physical and structural peace and a culture of peace violence that permeates every aspect of culture, which can be equally dismantled and replaced with a culture of Nature and Definition of Human Rights peace War and violence result in the denial of human rights. Building Negative and Positive Peace Building a culture of human rights is a precondition to achieving a state of peace. Sustainable lasting peace Negative peace proposals include multilateralism, arms can only be attained when all human rights are fulfilled. control, and international conventions, while positive Protection and promotion of human rights is essential in peace proposals include peace education, international the pursuit of positive peace. cooperation, and conflict management Human Security is closely related to peace and violence, Galtung's inspiration behind the peace idea was the and it involves the protection of individuals and health sciences, where health can be seen as a mere communities from both direct and indirect threats. absence of disease (negative peace) as well as Peace is a way of living to accomplish human rights, and something more positive (making the body capable of it is a product of human rights. resisting disease) Human rights are inherent to human dignity, legal and Galtung suggests a typology that includes six spaces moral entitlements, and they allow us to reach our (nature, person, social, world, culture, and time) and five potential. types of violence (nature, actor or direct, structural/indirect, cultural, and time) Universal Declaration of Human Rights Kenneth Boulding proposes the concept of "stable peace," which emphasizes situations where peace is The Universal Declaration of Human Rights states that present, while Galtung focuses on where conflict is respect for human rights and human dignity is the present and how to achieve positive peace foundation of freedom, justice, and peace in the world. Building positive peace should be complementary to practicing negative peace, as preventing the use of physical violence is more successful under certain social Basic Characteristics of Human Rights structural conditions Human rights are inherent, fundamental, inalienable, Peacekeeping, Peacemaking, and Peacebuilding imprescriptible, indivisible, universal, and interdependent. 2  HRP431 FINALS REVIEWER – SORIX Components of Human Rights investigate human rights violations and provide legal measures for the protection of human rights. Human rights have four components: the subject or right- The Doctrine of Transformation and the Doctrine of holder, the duty-holder, the object, and the Incorporation determine how international law becomes implementation. part of domestic law in the Philippines. Classification of Human Rights Constitutional Rights of the Accused Human rights can be classified according to their source The Philippine Constitution provides various rights to the (natural, constitutional, or statutory), recipient (individual accused, including the right to due process, equal or collective), aspect of life (civil, political, economic, protection, against unreasonable searches and seizures, social, or cultural), struggle for recognition (first, second, access to courts and adequate legal assistance, the right or third generation), and derogability (absolute or to be heard, the right to be informed of the nature and derogable). cause of the accusation, the right to a speedy, impartial, Categories of human rights include fundamental and public trial, the right of confrontation, the right freedoms in political rights, democratic rights, mobility against self-incrimination, the right to compulsory rights, the right to life, liberty, and security, legal rights, processes, the right to be present in all stages of the rights of equality, economic, social, and cultural rights, proceedings, the right against excessive fines and cruel, worker's rights, aboriginal rights, reproductive rights, degrading, or inhumane punishment, and the right protective rights in armed conflict, the right of self- against double jeopardy. determination, and minority group rights. The AFP and Human Rights Obligations of State Parties to International Covenants The Armed Forces of the Philippines (AFP) is mandated States have three obligations: the obligation to respect, to adhere to the 1987 Constitution and to protect the the obligation to ensure, and the obligation to protect people and the state while respecting human rights and human rights. international humanitarian law. The AFP has developed various mechanisms and policies, such as the Development Support and Security Instrumentalities of Peace, Security, and Human Rights Plan (Kapayapaan), to ensure the institutionalization of human rights and international humanitarian law through The UN Security Council (UNSC) is responsible for education and training. maintaining international peace and security, protecting The AFPCLOAC (Armed Forces of the Philippines human rights, and facilitating cooperation between Center of Law for Armed Conflict) is responsible for nations. institutionalizing human rights and international The International Court of Justice (ICJ) is part of the humanitarian law within the AFP. United Nations and is responsible for settling legal disputes between states and providing advisory opinions Right to Peace and Classification of Rights on legal questions. The International Criminal Court (ICC) is responsible for prosecuting individuals for the most serious offenses of Peace is a fundamental human right and a way of living international concern, such as genocide, crimes against to accomplish other human rights. humanity, war crimes, and the crime of aggression. Human rights can be classified based on their source (natural, constitutional, or statutory), recipient (individual Challenges to the Instrumentalities of Peace, Security, and or collective), aspect of life (civil, political, economic, social, or cultural), struggle for recognition (first, second, Human Rights or third generation), and derogability (absolute or derogable). The veto power of permanent members of the UNSC can hinder actions against human rights violations. Human Security National interests of member states can limit the effectiveness of these instrumentalities. The ICC's reach is limited by the fact that major powers Human security is closely related to peace and violence, like the USA, Russia, and China are not members. and it involves the protection of individuals and The ICC and ICJ rely on member states for the communities from both direct and indirect threats. enforcement of their rulings and decisions. Protection in the context of human security refers to the development of norms, processes, and institutions that maintain security for individuals and communities. Constitutional Provisions on Human Rights CARHRIHL (Comprehensive Agreement for Respect on The Philippine Constitution of 1987 contains provisions Human Rights and International Humanitarian Law) on civil and political rights in the Bill of Rights, as well as economic, social, and cultural rights in various articles. The Commission on Human Rights (CHR) is an The National Democratic Front of the Philippines independent office created by the Constitution to (NDFP), including the Communist Party of the Philippines (CPP) and the New People's Army (NPA), 3  HRP431 FINALS REVIEWER – SORIX and the Government of the Republic of the Philippines Right to sports participation (GRP) are the parties involved in this agreement. The agreement discusses Human Rights (HR) and International Laws Protecting Women's Rights International Humanitarian Law (IHL). The framework of this agreement is based on the Hague CEDAW (Convention on the Elimination of All Forms of Joint Declaration and the Breukelen Joint Statement. Discrimination Against Women) is an international The prolonged armed conflict in the Philippines convention adopted by the United Nations General necessitated the application of the principles of human Assembly. rights and international humanitarian law and the faithful Discrimination against women refers to any distinction, compliance with them. exclusion or restriction made on the basis of sex which The objectives of this agreement are to guarantee the has the effect or purpose of impairing or nullifying the protection of human rights, affirm and apply the recognition, enjoyment or exercise by women of human principles of international humanitarian law, establish rights and fundamental freedoms. effective mechanisms for realizing, monitoring, verifying and ensuring compliance, and pave the way for comprehensive agreements on economic, social and National Laws Protecting Women's Rights political reforms. RA 9262 (Anti-Violence Against Women and their Basic Human Rights Protected by CARHRIHL Children Act of 2004) prohibits and punishes physical, sexual, psychological violence, and economic abuse. Battered Woman Syndrome (BWS) is a scientifically Right to self-determination defined pattern of psychological and behavioral Right to liberty symptoms found in women living in battering Right to universal suffrage relationships as a result of cumulative abuse. Right to substantive and procedural due process RA 7192 (Women in Development and Nation Building Right to have marital union Act) recognizes the role of women in nation building and ensures the fundamental equality before the law of Magna Carta of Women (RA 9710) women and men. RA 7877 (Anti-Sexual Harassment Act of 1995) declares The term "Magna Carta of Women" emphasizes the all forms of sexual harassment in the employment, participation and ownership of women to the law. education or training environment as unlawful. Women empowerment refers to provisions that enable women to actively participate in nation-building and Rights of Indigenous People societal development. The marginalized sectors include fisherfolk, urban poor, UNDRIP (United Nations Declaration on the Rights of migrant workers, senior citizens, and persons with Indigenous People) protects the right to self- disabilities. determination, autonomy or self-government, nationality, The Philippine Commission on Women (PCW) is the and freedom from discrimination. overall monitoring and oversight body to ensure the RA 8371 (The Indigenous Peoples Rights Act of 1997) implementation of the law. recognizes ICC/IP (Indigenous Cultural Gender and Development (GAD) is a development Communities/Indigenous Peoples) and their ancestral perspective and process that is participatory, domain and ancestral land. empowering, equitable, sustainable, free from violence, RA 11054 (Organic Law for the Bangsamoro respectful of human rights, supportive of self- Autonomous Region in Muslim Mindanao) defines the determination and actualization of human potentials. Bangsamoro people as the original inhabitants of Mindanao and the Sulu archipelago. Gender Mainstreaming Transitional Justice Gender Mainstreaming is a strategy for making women's as well as men's concerns and experiences an integral Transitional justice refers to the processes and dimension of the design, implementation, monitoring, and mechanisms a society implements to address the legacy evaluation of policies and programs. of serious human rights abuse. Sex refers to the biological and physiological The end of the Marcos Martial Law era in 1986 marked characteristics that define men and women. an important opportunity for the Philippines to pursue Gender refers to the socially constructed roles, transitional justice and effect societal transformation. behaviors, activities, and attributes that a given society Efforts included institutional reforms, security sector considers appropriate for individuals. reform, and measures for justice, reparation, and prevention. Women's Rights under the Magna Carta of Women The Communist armed challenge remains a context for ongoing transitional justice efforts, including truth- Right to health seeking, criminal accountability, reparations, and Equal rights in all matters relating to marriage and family institutional reform. relations Rights to employment Rights of Persons with Disabilities 4  HRP431 FINALS REVIEWER – SORIX UNCRPD (United Nations Convention on the Rights of Persons with Disabilities) promotes, protects and ensures the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. Persons with Disabilities (PWDs) are those who have long-term physical, mental, intellectual or sensory impairments that may hinder their full and effective participation in society. RA 7277 (Magna Carta for Disabled Persons) grants PWDs equal rights and privileges in education, health, social services, telecommunications, accessibility, political and civil rights. RA 9442 (Magna Carta for Persons with Disability) grants 20% discount privileges to PWDs in various services and activities. Batas Pambansa Blg. 344 (Accessibility Law) requires certain buildings, institutions, establishments and public utilities to install facilities and devices to promote a barrier-free environment for PWDs. Rights of Children CRC (Convention on the Rights of the Child) defines a child as every human being below the age of eighteen years. The CRC protects the child's right to life, name, nationality, parental care, adoption, and special care for the disabled child, among others. The Six Grave Violations Against Children During Armed Conflict include recruitment and use of children, killing and maiming, sexual violence, attacks on schools and hospitals, abduction, and denial of humanitarian access. RA 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act) prohibits child abuse, child prostitution, child trafficking, and the use of children in obscene publications and indecent shows. RA 9231 (Elimination of the Worst Forms of Child Labor Act) sets the maximum hours of work, ownership and administration of the working child's income, and prohibits the worst forms of child labor. Anti-Torture and Anti-Disappearance Laws UNCAT (United Nations Convention Against Torture) defines torture as severe pain or suffering, physical or mental, intentionally inflicted on a person, and prohibits the use of torture under any circumstance. UNICPPED (International Convention for the Protection of all Persons from Enforced Disappearances) defines enforced or involuntary disappearance as the arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State. RA 9745 (Anti-Torture Law) prohibits and punishes physical and mental/psychological torture. RA 10353 (Anti-Enforced or Involuntary Disappearance Act of 2012) criminalizes enforced or involuntary disappearance committed by State actors. RA 10368 (Human Rights Victims Reparation and Recognition Act of 2013) provides reparation and recognition for human rights violations committed during the Marcos regime. 5