Human Rights Education PDF

**HUMAN RIGHTS EDUCATION** **HUMAN RIGHTS-** Defined as supreme, inherent, and inalienable rights to life to dignity, and to self-development. The essence of these rights makes man human. - It is concerned with civil, political, economic, social, and cultural rights. **BASIC CHARACTERISTICS...

**HUMAN RIGHTS EDUCATION** **HUMAN RIGHTS-** Defined as supreme, inherent, and inalienable rights to life to dignity, and to self-development. The essence of these rights makes man human. - It is concerned with civil, political, economic, social, and cultural rights. **BASIC CHARACTERISTICS OF HUMAN RIGHTS** 1. **Inherent --** natural or inborn. Not granted by any person or authority 2. **Fundamental-** essential. Without them, the life and dignity of man will be meaningless 3. **Inalienable**- Cannot be rightfully taken away from a free individual 4. **Imprescriptible-** Cannot be lost, even if man fails to use or assert them, even by a long passage of time. 5. **Indivisible-** Not capable of being divided. Cannot be denied even when other rights have already been enjoyed. 6. **Universal-** Applies irrespective of one's origin, status, or condition or place where one lives 7. **Interdependent-** The fulfillment or exercise of one cannot be had without the realization of the other. - According to Source - According to Recipient - According to Aspect of life - According to Derogability **ACCORDING TO SOURCE** 1. **Natural Rights-** god given rights, acknowledge by everybody to be morally good. Unwritten, but prevail as norms of the society. **Examples:** the rights to be happy, right to marry, right to life and property, etc. 2. **Constitutional Rights-** Conferred and protected by the Constitution and which cannot be modified or taken away by the law- making-body. **Example:** right to suffrage, right to religion, etc. 3. **Statutory Rights-** Those rights which are provided by promulgated by the law-making-body. May be abolished by the body that created them. **Example:** rights of the accused, rights of persons under custodial investigation, etc. **ACCORDING TO RECIPIENT** 1. **Individual Rights-** Accorded to individuals **Example:** right to vote, right to own property, etc. 2. **Collective Rights-** Also called "People's rights" or "solidarity rights". Rights of the society, those that can be enjoyed only in company with others. **Example:** right to cultural preservation, environmental rights, right to assembly, etc. **ACCORDING TO ASPECT OF LIFE** 1. **Civil Rights-** rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. **Example:** right to self-expression, right to marry, right to religion, etc. 2. **Political Rights-** Rights which enable us to participate in running the affairs of the government either directly or indirectly. **Example:** right to vote, right to assembly, etc. 3. **Economic and Social Rights-** those which the law confers upon the people to enable them to achieve social and economic development. **Example:** right to own property, right of employees, etc. 4. **Cultural Rights-** Rights that ensure the well-being of the individual and foster the prevention, enrichment, and dynamic evolution of national culture based on the principle of unity in diversity. **Example:** Right to practice one's culture, right to cultural religion, right to use own language, etc. **ACCORDING TO DEROGABILITY** 1. **Absolute or Non- Derogable Rights-** Those that cannot be suspended nor taken away nor restricted/ limited even in extreme emergency and even if the government invokes national security. **Example:** The right to freedom of thought, conscience, and religion 2. Derogable or Can-Be-Limited Rights- May be suspended or restricted or limited depending on the circumstances which call for the preservation of social life. It must satisfy three requirements for it to be valid: i. It is provided for by law which is made known to every citizen; ii. There is a state of emergency which needs urgent preservation of the public good, public safety, and public moral; iii. It does not exceed what is strictly necessary to achieve the purpose. Example: (During pandemic) the right to travel may be limited, right to liberty, which can be lawfully restricted. **HUMAN RIGHTS VIOLATION** Slavery- Africans were stripped of human rights, enslaved, brutally treated and considered lesser than their fellow human being for centuries. Holocaust- also known as the Shoba, was the genocide of European Jews during World War ll. Between 1941 and 1945, Nezi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe. **EXAMPLE OF A VIOLATION OF HUMAN RIGHT** Louie Soriao was a High school student in the sub province of Dinalungan, Aurora (y.y.1993 to 1994). Due to his reputation of talking back to school authority during the past years, he was refused readmission to complete his fourth and final year of High school through a verbal notice not to readmit. **Soriao questioned the notice, averring that he was deprived of a hearing on the matter and thus the verbal notice was a denial of his right to due process.** The administration ignored the student's plea to reconsider its decision to deny him readmission claiming. ["it was their prerogative."] [Seeking further remedies to no avail, Soriao filed a petition for certiorari to the CA.] [Issue: Whether or not the petitioner was denied his right to education.] [Rulling:] YES. The Court of Appeals ordered Pineda, Head Teacher of the Juan C. Angara Memorial High School to allow Soriao to enroll and study after he was meted out a disciplinary action without due process. The Court of Appeals invoked 1987 Constitution and the Universal Declaration of Human Rights. **NON-STATE ACTORS ON HUMAN RIGHTS** Non-state actors include organizations and individuals that are not afflicted with directed by, or funded through the government. These include corporations, private financial institutions, and NGO's. Human Rights of other in the private sphere needs to be addressed also; no-state entities are obliged, as a minimum, to comply. Whenever power is exercised, there is the risk that it is used in an unrestricted manner violating the human rights of individuals. **THE INTERNATIONAL BILL OF HUMAN RIGHTS** The international Bill of Human Rights consist of the five core main treaties: a. Universal Declaration of Human Rights b. International Covenant on economics, Social and Cultural Rights c. International Covenant on Civil and Political rights d. Optional Protocol to the international Covenant on Civil and Political Rights e. Second Optional Protocol to the international Covenant on Civil and Political Rights, , aiming at the abolition of the death penalty. One of the five core main treaties of the international bill of human rights. It is an international document which articulates 30 fundamental rights and freedoms for all (rights to life, right against slavery, right to education, etc). The declaration was proclaimed by the United Nations General Assembly in Paris on December 10,1948 through General Assembly resolution 217. **UN COMMISSION ON HUMAN RIGHTS** Formally established by the Economic and Social Council to assist in all matters relating in human rights Composed of 43 members Deals with all aspects of human rights issues involving the participation of all sectors of the international committee Undertakes special tasks assigned to it by the General Council, including the investigation of all allegations of human rights violations. Special rapporteurs or working groups are appointed to deal with special topics. **INTERNATIONAL CRIMINAL COURT (ICC)** - It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression. - As a court of last resort, it seeks to complement, not replace, national Courts. - Governed by an international treaty called the Rome Statute, the ICC is the world's first permanent international criminal court. - There are 123 countries party to the Rome Statute. **Main Offices: Hugue, a city in the Netherlands** **No. of Judges:18 Judges** The Court has jurisdiction over four caterogies of crimes: - [Genocide-] intent to destroy in whole or in part a national, ethnic, racial, or religious group; - [War crimes]-or grave breaches of the laws of war, which include the Geneva Conventions; - [Crimes against humanity]- or violations committed as part of large- scale attacks against civilian populations - [Crimes of aggression]- or the use or threat of armed force by a state against political independence of another state, or violations of the UN charter. **INTERNATIONAL HUMAN RIGHTS LAW** It is a set of rules which seek, for humanitarian reason, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. It is also known as the [law of war or the law of armed conflict] which regulates the conduct of warfare. The UN and international conventions on Rights of Prisoners of War, and in conflict Areas Geneva Convention- provides a wide range of protection for prisoners of war. It defines their rights and sets down detailed rules for their treatment and eventual release. **PRISONERS OF WAR (POWs)** Refers to any of the following categories: 1. [Members of the armed forces] of a Party to the conflict as well as [members of militaries] [or volunteer corps] forming part of such armed forces. 2. [Persons who accompany the armed forces without actually being members thereof,] such as civilian members of military aircraft crews, war correspondents, supply contractors, etc. 3. [Members of crews, including masters, pilots and apprentices, of the merchant marine] and the crews of civil aircraft of the parties to the conflict. 4. [Inhabitants of a non-occupied territory,] who on the approach of the enemy [spontaneously take up arms to resist the invading forces.] Note: Chaplains and medical personnel attached to armies, **if fall into the hands of the enemy they shall not be treated as prisoners of war.** **RIGHTS OF THE POWs** 1. The POWs cannot be compelled to give any information other than their name, rank,age, and service number. 2. If because of his physical or mental condition, he is unable to answer the question, he should be handed to the medical corps. 3. A PoWs must be allowed to keep with him all his personal possessions which does not include arms and military papers. 4. The PoWs shall be released and repatriated immediately after the cessation active hostilities. 5. They should be treated with honour and humanely. 6. PoWs should be allowed to inform the international Committee of Red Cross of their capture. 7. They should be allowed to inform their family of their status. 8. If held captive for a long period of time, they should be allowed contact their relatives on a regular basis. 9. They are allowed to receive packages. 10. PoWs should be provided with adequate food. 11. When held captive for long, they should be provided with housing as well as clothing. 12. They should not be made to do any dangerous or degrading work. 13. They should be reimbursed if any work was done by them. 14. If a PoWs has been wounded in the battlefield, he shall receive help from the international committee of Red Cross. **INTERNATIONAL COMMITTEE OF RED CROSS** An independent, neutral organization ensuring humanitarian protection and assistance for victims of armed conflict and other situations of violence. Salient core tasks of the committee (derived from the Geneva Conventions and its own states) - To monitor compliance of warring parties with the Geneva Conventions - To organize nursing and care for those who are wounded on the battlefield - To supervise the treatment of prisoners of war - To help with the search for missing persons in an armed conflict. **WAR CRIMES** Are those violations of international humanitarian law (treaty or customary law) that incur during the conduct of War. Examples: - Intentionally directing attacks against the civilian population; - Intentionally directing attacks against buildings dedicated to religion, education, art, or hospitals - Rape or sexual slavery, - Enlisting children under the age of 15 years into armed forces or groups. Note: The Conventions and protocol make clear that [grave breaches must be punished.] However no specific penalties set. Instead they expressly [require states] to enact criminal legislation to punish those responsible for grave breaches. **REPUBLIC ACT NO. 9851** An act defining and penalizing crimes against international humanitarian law, genocide and other crimes against humanity, organizing jurisdiction, designating special courts, and for related purposes. **HORS DE COMBAT** Means a person who: 1. Is in the power of an adverse party: 2. Has clearly expressed an intention tp surrender; or 3. Has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore in incapable of defending himself: **PENALTIES (SEC.7, R.A 9851)** - Reclusion temporal in its medium to maximum period and a fine ranging from 100,000.00 pesos (one hundred thousand pesos) to 500,000.00 pesos (five hundred thousand pesos). - When justified by the extreme gravity of the crime, or when crimes results in death or serious physical injury, or constitutes rape, the penalty of reclusion perpetua and a fine ranging from 500,000.00 pesos (five hundred thousand pesos) to 1,000,000.00 shall be imposed. **SECTION 17. JURISDICTION-** the state shall exercise jurisdiction over persons, whether military of civilian, provided, any one of the following conditions id met; a. The accused is a Filipino citizen; b. The accused, regardless of citizenship or residence, is present in the Philippines; or c. The accused has committed the said crime against a Filipino citizen. **HUMAN RIGHTS LEGAL FRAMEWORK IN THE PHILIPPINES** Philippines signatories to 8 UN core Human rights treaties: 1. The international Convention on the Elimination of racial Discrimination or (ICERD), 2. The international Covenant on Economic, Social and Cultural Rights or (ICESR) 3. The convention on Elimination of all Forms of Discrimination Against Women or (CEDAW), 4. The convention against torture and other Cruel, Inhuman or Degrading treatment or punishment or (CAT), 5. The international Covenant on civil and political rights or (ICCPR), 6. The convention of the rights of the children (CRC), 7. The international Convention on the protection of the rights of all Migrant Workers and Members of their Families or (CMW). 8. The convention on the rights of persons with Disabilities or (CRPD) 9.