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HUMAN RIGHTS

definition
• Human rights as argued by Rebecca Wallace
(2002) is a fundamental and inalienable rights
which are essential for human life as a human
being.
• Louis Henkins (1995) claimed that human rights
shall be defined as the liberties, immunities and
benefits which, by accepted contemporary
values, all human beings should be able to claim
as right of the society in which they live
• The United Nations (UN) defines human rights
as universal and inalienable, interdependent
and indivisible, and equal and non-
discriminatory.
RIGHT AND OBLIGATIONS

• The primary obligation of persons in relation


to their human rights is the duty to protect
the human rights of others.
HISTORICAL DEVELOPMENT

• Greek philosophy
• Age of Enlightenment (18th century)
• 6th Century
• Cyrus the Great (576 or 590 BC - 530 BC)
• Margna Carta of 1215
• Middle Ages
• The Enlightenment
• American Declaration of Independence of 4 July
1776
• 18th and 19th centuries
• World War II
• The signing of the Charter of the United Nations
(UN) on 26 June 1945
• Less than two years later, the UN Commission on
Human Rights (UNCHR), established early in
1946, submitted a draft Universal Declaration of
Human Rights (UDHR) to the UN General
Assembly (UNGA).
• Since the 1950s, the UDHR has been backed
up by a large number of international
conventions. The most significant of these
conventions are the International Covenant on
Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social
and Cultural Rights (ICESCR).
Concept of humanity
• Athens and Rome had ´citizens´ who have
rights and obligations towards the community,
they did not have the idea of a common
humanity who are the members of the same
human species : thus the dichotomy between
free men and slaves.
• A different conception of humanitas
developed under Christian Theology, one
where ´all men are equally part of spiritual
humanity under God who can be saved
through God´s plan of salvation.
• This again changed in the 18th century with
the rise of the liberal political philosophy
which transferred the concept of ‘humanity’
from God to human nature.
• . Michael Ignatieff writes: Our species is one, and each
of the individuals who compose it is entitled to equal
moral consideration.
• Fukuyama argues that the differences that create our
identity are non- essential and superficial. As far as our
genetic inheritance, we are one.
• Judge Habermas, on the other hand, believes that the
common essence of humanity is found not so much in
our physical genetic inheritance but in the ´oneness or
integrity of the human nature´, which is the basis of
ethics for the entire human species
HUMAN RIGHTS IN THE PHILIPPINE
CONTEXT
• rights of Filipinos can be found in Article III of
the 1987 Philippine Constitution.
• also guided by the UN's International Bill of
Human Rights – a consolidation of 3 legal
documents including the Universal Declaration
of Human Rights (UDHR), the International
Covenant on Civil and Political Rights (ICCPR),
and the International Covenant on Economic,
Social, and Cultural Rights (ICESCR).
Salient Features of Human Rights
• As Fundamental Freedom in Political Rights
• As Democratic Rights
• As Mobility Rights
• As Right to Life, Liberty and the Security of the
Person
• As Legal Rights
• As Rights of Equality
• As Economic, Social and Cultural Rights
• As Workers’ Rights
• As Aboriginal Rights
• As Reproductive Rights
• As Protective Rights of Persons in Armed
Conflicts
• As Right of Self-determination
• As Minority Group Right
Case:

PRIMICIAS VS FUGUSO
Comparative analysis
JUSTICE

“human rights” focuses on what each person


deserves, simply by virtue of being human.

“social justice” focuses on the responsibilities of


society toward its members.
EQUALITY
Human rights law is, classically, about limitations or
“negative obligations” being imposed upon the
State, to stop it from interfering in how individuals
may choose to structure their lives.
Equality law is about imposing positive obligations.
It requires them to be: blind to differences in race,
gender, age, sexuality; deaf to differences in
religion or belief; and ready to make reasonable
adjustments for the differently abled.
EQUITY
• The route to achieving equity will not be
accomplished through treating everyone
equally. It will be achieved by treating
everyone equitably, or justly according to their
circumstances.
RELIGION
A. HUMAN RIGHTS IN JEWISH LAW
- The Genesis story affirms both the sovereignty
of God and the sacredness of the individual, for
it is a single person that is first made in the
image of God. Thus, the rabbis teach that killing
a person "is tantamount to diminishing the
reality of God's own self.
B. HUMAN RIGHTS IN ISLAMIC LAW
• These rights are so deeply rooted in our
humanness that their denial or violation is
tantamount to a negotiation or degradation of
that which makes us human.
C. HUMAN RIGHTS IN CANON LAW
-One distinguishing feature of human rights
under Canon law is its distrust of individualism
and its emphasis on the community.