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Human Rights

Human rights have been defined by the United Nations as rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include to right to life and liberty, freedom from slavery and torture, freedom of expression, the right to work and education and others. Everyone is entitled to these rights without discrimination.

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Human Rights

  1. 1. HUMAN RIGHTS Prepared by: MR. ANTONIO T. DELGADO Faculty member, General De Jesus College
  2. 2. THENATURE OFHUMAN RIGHTS HISTORY OFHUMAN RIGHTS GENERATIONS OFHUMAN RIGHTS International humanrights LAW 01 040302
  3. 3. Thenatureofhumanrights 01
  4. 4. HUMANRIGHTS Universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity (Coquia, 2000)
  5. 5. HUMANRIGHTS Rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status (United Nations).
  6. 6. — RODRIGO DUTERTE “In the first place, I’d like to be frank with you: Are they humans? What is your definition of a human being?”
  7. 7. HUMANRIGHTS Rights which necessarily spring from being a member of the human species (Petralba, 2013)
  8. 8. CHARACTERISTICSOFHUMANRIGHTS INHERENT Not granted by any person or authority INALIENABLE Cannot be rightfully taken away FUNDAMENTAL Without them the life and dignity will be meaningless UNIVERSAL No borders, applies to all.
  9. 9. CHARACTERISTICSOFHUMANRIGHTS Imprescriptible Cannot be lost even by a long passage of time Indivisible Not capable of being divided Interdependent Fulfillment of one cannot be had without the realization of the others
  10. 10. HISTORYOFHUMANRIGHTS 02
  11. 11. ORIGINOFHUMANRIGHTS In the past, most government systems were despotic in nature. Men revolted against the concept of the "Divine Right of Kings."
  12. 12. 1. Magna Carta of 1215 2. Bill of Rights of 1689 3. Bill of Rights 1776 4. Declaration of the Rights of Man 1789 HISTORICALDOCUMENTS thatcontainedconcepts ofhumanrights:
  13. 13. 1. Colonial Spanish regime HistoricaleventsTHAT promptedFilipinos toprotecthumanrights
  14. 14. 1. Colonial Spanish regime 2. Military Rule of Japan from 1942-1944 HistoricaleventsTHAT promptedFilipinos toprotecthumanrights
  15. 15. 1. Colonial Spanish regime 2. Military Rule of Japan from 1942-1944 3. Martial Law of President Marcos HistoricaleventsTHAT promptedFilipinos toprotecthumanrights
  16. 16. GENERATIONSOFHUMANRIGHTS 03
  17. 17. GENERATIONSOFHUMANRIGHTS FIRST GENERATION a.k.a. negative rights; refers mostly to political and civil rights SECOND GENERATION a.k.a. positive rights; refers mostly to economic, social, and cultural rights THIRD GENERATION a.k.a. collective or solidary rights FOURTH GENERATION a.k.a. digital rights
  18. 18. INTERNATIONALHUMANRIGHTSLAW 04
  19. 19. BILLOFRIGHTS A declaration and enumeration of a person’s rights and privileges which the Constitution is designed to protect (De Leon, 2005).
  20. 20. BILLOFRIGHTS It is a charter of liberties for the individual and a limitation upon the power of the State (De Leon, 2005).
  21. 21. BILLOFRIGHTS Here in the Philippines, Article III of the 1987 Constitution incorporates the basic rights of an individual.
  22. 22. 1. Universal Declaration of Human Rights (UDHR) 2. International Covenant on Civil and Political Rights (ICCPR) 3. The International Covenant on Economic, Social and Cultural Rights (ICESC) instrumentscomprising theInternationalBillofRights
  23. 23. UniversalDeclarationofHumanRights(UDHR) ● The basic international statement of the inalienable rights of human beings. ● It is the first comprehensive international human rights instrument. It covers civil and political rights, and economic, social and cultural rights. ● There are 27 rights guaranteed under the UDHR (refer to your handout).
  24. 24. UniversalDeclarationofHumanRights(UDHR) ● Rights covered by UDHR are customary international law, hence, even during the times when the bill of rights under the Constitution are inoperative, rights under UDHR remained in effect. ● Example: The interregnum from February 26, 1986 (the day Corazon C. Aquino took her oath as President) to March 24, 1986 (immediately before the adoption of the Freedom Constitution)
  25. 25. InternationalCovenant onCivilANDPoliticalRights(ICCPR) • It is an international covenant and is binding on the respective state parties. It commits its parties to respect the civil and political rights of individuals. It includes the 1st generation of human rights. • There are 23 rights guaranteed under the ICCPR (refer to your handout).
  26. 26. InternationalCovenant onCivilANDPoliticalRights(ICCPR) • In times of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, parties may take measures to derogate from their obligations to the extent strictly required by the exigencies of the situation.
  27. 27. HOWEVER,TheFOLLOWINGARENON-DEROGABLE: 1. Right to life 2. Freedom from torture or cruel, inhuman or degrading punishment 3. Freedom from slavery 4. Freedom from imprisonment for failure to fulfill a contractual obligation 5. Freedom from ex post facto laws 6. Right to recognition as a person before the law 7. Freedom of thought, conscience and religion
  28. 28. twooptionalprotocolstotheICCPR • First Optional Protocol: Allows victims claiming to be victims of human rights violations to be heard. • Second Optional Protocol: Aims to abolish the death penalty. The Philippines is a signatory to the Second Optional Protocol.
  29. 29. COREINTERNATIONALHUMANRIGHTSTREATIES ● Treaties are legally binding written agreements concluded between States; officially known as conventions or covenants. ● Under the doctrine of pacta sunct servanda, once treaty is ratified, the State is bound to faithfully comply with its treaty obligations ● There are 10 core international human rights treaties.
  30. 30. COREINTERNATIONALHUMANRIGHTSTREATIES 1. International Covenant on Civil and Political Rights (ICCPR) 2. International Covenant on Economic, Social and Cultural Rights (ICESCR) 3. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 4. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 5. Convention on the Rights of the Child (CRC)
  31. 31. COREINTERNATIONALHUMANRIGHTSTREATIES 6. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 7. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW) 8. International Convention for the Protection of All Persons from Enforced Disappearance (CPED) 9. Convention on the Rights of Persons with Disabilities (CRPD) 10. Convention Relating to the Status of Refugees (CRSR)
  32. 32. —JohnF.Kennedy “The rights of every man are diminished when the rights of one man are threatened.”
  33. 33. CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon, and infographics & images by Freepik. ANY QUESTIONS? facebook.com/kazekage15 Pleasekeepthisslideforattribution.
  34. 34. THAnkfor listening!
  35. 35. ● Bernas, Joaquin. (2009). The 1987 Constitution of the Philippines: A Commentary. Quezon City: Rex Printing Company. ● De Leon, Hector. (2005). Textbook on the Philippine Constitution. Quezon City: Rex Printing Company. ● Coquia, Jorge Rioflorido. (2000). Human rights : An Introductory Course. Quezon City, Philippines : Central Professional Books ● Petralba, Pepita Jane. (2013). Hornbook on International and Philippine Human Right Laws. Manila : Rex Book Store ● Republic vs. Sandiganbayan, 407 SCRA 10, G.R. No. 104768 July 21, 2003 REFERENCES

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