constitution or by

law.
HOSPITALITY ESCR- art 25 ART 29 : The old law does
Limitations not capture the
Resiliency- the Article 14- If you event that has
ability to do persecute me I happened before
something about shall have the you- ( SPL – RPC
the situation no right to file TORTURE and
matter how worse sanctuary kidnapping )
the situation is somewhere else Art 24- right to
Article 10 : rest and leisure.
Everyone is
entitled to full fBayanihan Article 20, 22,21
equality to a fair ESCR
and public hearing Patriotism
by an independent Family oriented 25, 16
and impartial
Obey and respect 25, 16
tribunal in the
elders
determination of
Provide 25, 16
his rights and
obligations and of
any criminal Is human rights universal? Not to instill ,what are common
charges against values that different cultures hold similarly.
them
Article 8 : - What are the characteristics of human rights?
everyone has the
right to effective 1. Inherent- given to all human by virtue of being orn vs
remedy by the consti rights by virtue of being born. These rights are
competent given to be just because I am a human being
national tribunal 2. Universal: for everyone,irrespective of other factors.
for acts violating 3. Inalienable: non transferable
the fundamental 4. Indivisible: funds countries needed to wiggle room to
rights granted by operate
him by the 5. Interdependent: Rights are interwined with each other.
6. Imprescriptible
“pick and choose”- traditional civil and political and new “In a more serious than divergence on the why of each rights ,
ESCR. the Philiosophers realized would be the problems of arriving at
a common understanding of what principles meant, of
CIVIL AND POLITICAL NEW escr( economic, social,
reconciling tensions among the various rights of integrating
RIGHTS cultural right)
new rights and of incorporating new applications. –yes you
1. Suffrage 1. All those rights which
can come up with the list of human rights, but don’t ask why
2. Torture will give you a right
Us is the champion of civil to live a political we all have different value or virtues.
and political rights right. “ It has to apply to all culture and must apply to even the
2. Education future”= integrating news rights and incorporating new
USSR SOVIENT UNION- they
applications –
are the champion of NEW
ESCR. They do not want to Idea of coming up with new rights vs new application
stay in the traditional
concept of human rights 1. New rights – you are just making new rights
2. New applications- there is already a pre existing right
and however new applications are needed.
The jurisdiction of country on how they treat their citizen and
no state can interfere , but now states can now interfere. “Right to a climate change- new applications the right to live in
Primary and exclusive jurisdiction.- a state’s positive obligation an environment ( art 25).
to create laws in accordance with law ( sovereignity- whatever
Traditionally, only states are to be held liable for human rights
happens in my backyard is mine). If something positive, it is
violation, can an individual commit human rights against
the state who shall have jurisdiction over it- TRADITIONAL
another individuals. – should we expand our understanding of
NOTION
who duty bearers are because of this realities.
Primary Jurisdiction- state , now with the human rights regime
Page 1163- Notre dame law review.
it is true that state shall be the one to decide first, if on the
state level there is a failure to punish and that the human right Whereas clause- preamble
violation was not resolved , you can now escalate the issue to
What is the specific quality of the UDHR that describes the
the ASEAN body first then you go to the international scene
portico? –the image only gives them the idea which they may
1. STATE- PRIMARY JURISDICITNO use as a guide in policy making, they are just making a
2. SUB REGIONAL declaration ( SOFT DOCUMENT) THERE IS NO binding
3. INTERNATIONAL LEVEL obligations.
While it is a soft document we are to consider it as a minimum
standard which the state are obliged to obey? It is merely jst
an entryway. The declaration is merely just there a reminder
that it has already exist.
1st whereas clause- Inherent dignity what is dignity? – a
concept that is often linked to the value of respect.
INHERENT DIGNITY
1. Respect
2. Democratization of dignity- dignity applies to all
regardless of status.
“Human rights cannot pick and choose- you have to give
everything – primary jurisdiction belongs to the state but it
can ask another state to intervene.
4 pillars
1. Personal liberties
2. Individual In relation to others – you can survive
on your own but what kind of life is it when u don’t
interact with human beings
3. Spiritual public or political right
4. Economic social and cultural rights.
 If one of the pillars get missing, the whole tower will
crumple, you can pick and choose, but if you pick and
choose there will be impediment.
 A set of values, you can pick and choose but there will
be consequences

What are the 4 general principles ? page 1163

1. Dignity
2. Liberty
3. Equality
4. Fraternity- When we lost the principle of brotherhoold ,
it is when the holocaust happened because there is a
lost of brotherhood.

4 Freedoms of Roosevelt-

1. Speech
2. Belief
3. From fear
4. Freedom of wants- the society they envisioned us to be
in they are free from the fear of being abused by
authority,