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Lesson 1

Human rights are inherent to all humans by virtue of their humanity. They include civil/political rights like the right to life as well as economic/social/cultural rights like the rights to education and health. States have obligations to respect, ensure, and protect these universal and inalienable rights, which exist to uphold human dignity.

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34 views

Lesson 1

Human rights are inherent to all humans by virtue of their humanity. They include civil/political rights like the right to life as well as economic/social/cultural rights like the rights to education and health. States have obligations to respect, ensure, and protect these universal and inalienable rights, which exist to uphold human dignity.

Uploaded by

JONACRIS BUNGCARAS
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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HUMAN RIGHTS

Atty. Jana Felice P. Gonzalez


HUMAN RIGHTS- aggregate of
privileges, claims, benefits,
entitlements, and moral
guarantees that pertain to man
THE NATURE because of his humanity.
OF HUMAN
system of values or elements
RIGHTS which are inherent to human
dignity.
Meaning of Human Rights

+ Human rights are not granted by the State, nor stemmed


from citizenship in a country. Human rights are rights
which necessarily spring from being a member of the
human species.
WHY DO YOU THINK
HUMANS HAVE RIGHTS?
SARMIENTO

+ “The human person possesses rights because of the very


fact that it is a person, a whole, master of itself, and of its
acts, and which consequently is not merely a means to an
end, but an end which must be treated as such”
POPE JOHN XXIII- JEAN JACQUES
MARTIN

+ Every human being is a person, that is, his nature is


endowed with intelligence and full will. By virtue of this,
he has rights and duties, flowing directly and
simultaneously from his very nature
WAHIU
+

+ legal and moral entitlements that have evolved as a basis


for constructing how state power is used and particularly
to limit its use against the rights of citizens
THREE PRINCIPLES OF HUMAN
RIGHTS
UNIVERSALITY

INDIVISIBILITY

INTERDEPENDENCE
UNIVERSALITY
+ rights belong to and are to be enjoyed by all human
beings without distinction of any kind, such as race,
color, sex or language, religion, political and other
opinion, national or social origin, property, birth or other
stature.

+ These human rights belong to everyone, everywhere, by


virtue of being human
INDIVISIBILITY & INTERDEPENDENCE

+ Means that the first generation of liberty rights and the


second generation of equality rights are inter-related
and are co-equal in importance.
+ They form an indivisible whole and only if these rights
are guaranteed that an individual can live decently and in
dignity
CHARACTERISTICS/ATTRIBUTES

UNIVERSAL

INHERENT

EQUAL

INALIENABLE
UNIVERSAL

+ means that these rights belong to every human being, no


matter what he or she is like
+ Apply to all humans regardless of race, culture, age, sex
or creed
INHERENT

+ rights are the birthright of all human beings, existing


independently of the will of either an individual human
being or group.
+ Born with these and not conferred by any authority
EQUAL

+ Every human being has the same set of rights as any


other. Art 1 of the Universal Declaration of Human Rights
states that, ”All human beings are born free and equal in
dignity and rights”
INALIENABLE

+ means that no person can deprive any person these


rights and no person can repudiate these rights by
himself
+ Human rights cannot be taken from or given away by any
human. While its exercise may be regulated or restricted
by law, its substance cannot be taken away.
COMPONENTS
SUBJECT/RIGHTHOLDER

DUTY-HOLDER

OBJECT

IMPLEMENTATION
SUBJECT/RIGHTHOLDER

+ an individual (natural person), a group of individuals or a


non-governmental organization entitled to rights under
the law and can take legal action to protect or to
promote those rights
DUTY-HOLDER

+ is an entity, normally a State that is obliged to respect, to


ensure and to protect the subject’s rights or demands.
OBJECT

+ content of any given right and any duty of the holder of


the right and the holder of the obligation
IMPLEMENTATION

+ is a set of measures, approaches, and initiatives designed


to realize the right concerned.
STAGES

IDEALIZATION

POSITIVIZATION

REALIZATION
IDEALIZATION

+ means that notions about human rights have started in


the realm of ideas that reflect a consciousness against
oppression, dehumanization or inadequate performance
by the State.
POSITIVIZATION

+ is the second stage where support for the ideas became


strong and the stage is set to incorporate them into
some legal instruments, whether domestic law or
international law
REALIZATION

+ is the last stage where these rights are enjoyed by the


citizens of the State by the transformation of the social,
economic, and political order
THREE OBLIGATIONS OF STATE PARTIES
(INTERNATIONAL COVENANT ON CIVIL
AND POLITICAL RIGHTS)
+ OBLIGATION TO RESPECT
+ OBLIGATION TO ENSURE
+ OBLIGATION TO PROTECT
THREE CLASSIFICATIONS

FIRST GENERATION

• CIVIL AND POLITICAL RIGHTS

SECOND GENERATION

• ECONOMIC, SOCIAL & CULTURAL RIGHTS

THIRD GENERATION

• SOLIDARITY OR COLLECTIVE RIGHTS


FIRST GENERATION- CIVIL AND
POLITICAL LIFE (LIBERTY RIGHTS)
+ RIGHT TO LIFE, LIBERTY, SECURITY OF PERSON
+ RIGHT AGAINST TORTURE
+ EQUAL PROTECTION AGAINST DISCRIMINATION
+ RIGHT AGAINST ARBITRARY ARREST & DETENTION
+ RIGHT TO FAIR AND PUBLIC HEARING
+ RIGHT TO BE PRESUMED INNOCENT
+ RIGHT TO PRIVACY
+ FREEDOM OF OPINION & EXPRESSION
SECOND GENERATION OF RIGHTS-
ECONOMIC, SOCIAL & CULTURAL
(EQUALITY RIGHTS)
+ RIGHT TO WORK
+ RIGHT TO SOCIAL SECURITY
+ RIGHT TO FORM AND JOIN TRADE UNIONS
+ RIGHT TO EDUCATION
+ RIGHT TO REST AND LEISURE
+ RIGHT TO HEALTH
+ RIGHT TO SHELTER
THIRD GENERATION-
SOLIDARY/COLLECTIVE RIGHTS
+ RIGHT TO PEACE
+ RIGHT TO DEVELOPMENT
+ ENVIRONMENTAL RIGHTS
+ RIGHT TO SELF-DETERMINATION
+ RIGHT TO FOOD
+ RIGHTS OF WOMEN
+ RIGHTS OF CHILDREN
+ RIGHT TO HUMANITARIAN DISASTER RELIEF
+ RIGHT TO WATER

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