Understanding Human Rights and Human Rights Violations

Human Rights

are the basic rights and freedoms to which all people are entitled: the right to life, liberty, freedom of though, expression, and equal treatment before the law

Natural rights

innate rights which individuals possess even without the bounds of laws, culture, & government.

natural rights

• this right is given by the time we were born or they come with us

• Ex. right to life - foundation of all other rights

legal rights

those granted by the government or shaped by traditions which may differ from one country to another.

legal rights

• this right can be changed

• ex: right to education

Characteristics of Human Rights

• universal

• inalienable

• interdependent, indivisible, & interrelated

• equal and nondiscriminatory

universal

Their being universal in nature is the foundation and basis of human rights laws across the world

universal

All human beings have rights

universal

Everyone has rights regardless of age, gender, religion, race, or ethnicity, social and economic status, or family background.

inalienable

A person cannot be stripped of his or her rights no matter the circumstances

inalienable

Should not use his or her rights to violate or trample upon the rights of others

interdependent, indivisible & interrelated

All rights relate or connect to one another

interdependent, indivisible & interrelated

No right can be separated, segregated, or severed from one another, they are

bestowed as a whole

interdependent, indivisible & interrelated

All right are exact & complete or free from any flaw

equal and nondiscriminatory

No human rights promote one group and prejudice another

equal and nondiscriminatory

All rights are meant to be asserted and enjoyed by all people regardless of age, gender, religion, political affiliation, economic status, social class, etc.

human rights across history

• classical age

• middle ages

• the renaissance

• age of reason or the enlightenment

• revolutions in America and France

• modern era

Classical Age

• Ancient Mesopotamia - In 539 BC, newly crossed King Cyrus the Great despised the idea of freedom and rights

  1. freedom from slavery

  2. religious freedom

  3. racial equality

Greek and Roman Civilizations

• concept of “natural law” promoted by Aristotle

• natural laws - laws governed by nature which people have no control

• ideals of democracy promoting individuals rights, developed in Athens Greece

• Roman twelve tables - provided the basic rights of its citizens

• pure democracy of the Athenians, Rome introduced Republic

Republic

in which its citizens were elect their representatives to the Senate tasked to enact laws on their behalf.

Middle Ages

• magna carta

  • signed by King John in 1215

  • limited the power of the king and his government

  • provided social contract, where government would only rile with the consent of the people

Middle Ages

• the English bill of rights

  • Parliament England passed in 1689 - basic civil rights of English citizens

  • controlled the government’s power

  • individual rights must not be violated by persons in authority

The Renaissance

Humanism as a Philosophy

• movement gave rise to secularism

• humanistic thinking advocated the individuals of each human being

• idea of modern rights began during this period (from 1490s to 1527)

• this period was a transition into the modern world

age of reason or the enlightenment

John Locks’ view on rights

• promoted the ideals of natural rights

• advocated the basic rights of human beings: life, liberty, and property

• promoted the idea of a social contract between the government and the people providing for their basic needs and promoting their freedoms and rights

revolutions in America and France

the declaration of Independence

• 1776, the US declared the freedom of 13 American colonies from British rule

• basic tenets of America democracy: “. . .that all men are created equal”

revolutions in America and France

the United States bill of rights

• First Congress of the US ratified Articles 3-12 (most important rights of the citizens in the country)

• constituted the first 10 Amendments to the US Constitution

  • rights and liberties: freedom of speech, the press, and religion

revolutions in America and France

the declaration of the rights of man and the citizens

• a document from the French Revolution (1789)

• called for the removal of the French monarchy & sought the establishment of a new republican government

• promoted the idea “men are born and remain free and equal in rights”

• pushed for “the preservation of the natural and imprescriptible rights of man”

Modern Era

Post World War II

• Un was formed on 24 October 1945 (has 51 member states)

• main thrust “faith in fundamental rights, in the dignity and worth of a human person, in the equal rights of men and women of nations large and small”

• 10 December 1948, UN adopted the Universal Declaration of Human Rights

• “first global expression of fundamental human rights has formed the basis for many laws and constitutions”

UN Universal Declaration of Human Rights

• Basis for all human rights, principles & laws

• Comprehensive classification of all human rights

Classification of Human Rights

• civil

• political

• economic

• cultural

• social

Civil rights

this right prevents the government from interfering on an individual’s rights

Political rights

rights of individuals to participate in government affairs, law-making and nation-building

Economic rights

rights of individuals in relation of their self-development and progress as human beings

Cultural Rights

rights of individuals to form and create their own identity and self-determination

Social Rights

rights of individuals to promote their dignity as human beings and to protect their interests

human rights

its definition is embodied in the 1987 Constitution (Article II, Section 11)

human rights in the Philippines

It makes it clear that the Philippines has pursued the promotion & protection of human rights as a national policy

Article III

created to list the essential rights of each Filipino; inspired and patterned after US Bill of Rights.

Article III

• To empower Filipinos as their rights are fundamental to Philippine Democracy

• has 22 sections

article III, bill of rights:

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Article XIII

provides appropriate legal measures to protect the human rights of the people in the Philippines

Article XIII, Section 17

stipulates the creation of the Commission on Human Rights (CHR)

human rights in the Philippines

• The Philippines is a signatory to the Universal Declaration of Human Rights, the International Covenant on Civil & Political Rights, & the International Covenant on Civil and Political Rights.

• Subscribes to UN-mandated policies

Human Rights Violation

• Occurs when the state, institutions, and private individuals ignore or deny someone his or her basic human rights

• Across the globe, countless people suffer different forms & degrees of abuse

• 2015 Amnesty International Study discovered various human rights violations globally

extrajudicial killings

is an act of murder of suspected criminals by a government apparatus, such as its police or armed forces. Victims of extrajudicial killings were denied their right to due process. These are similar to vigilante killings by private citizens, not by law enforcement agents.

Spanish colonial period

scores of human rights violations were committed by the state

• Filipinos were stripped of their religious freedom

• Filipinos and Chinese males mestizos (16-60 y/o) were forces to works as laborers (polo y servicio or polo y servicio personal)

Japanese occupation

many Filipino women experiences untold suffering at the hands of Japanese soldiers (comfort women)

comfort women

is the term given to those women forcibly taken by Japanese soldiers who raped them and kept them as sex slaves.

before the era of the Philippine Commonwealth

American banned the use of Filipino language, singing of national anthem and the display of national insignias (e.g. Philippine flag), denied their right to peaceful

President Ferdinand Marcos term

human rights violations in the Philippines reaches its peak when he placed the country under Martial Law in 1972

President Ferdinand Marcos term

• 3257 were alleged to have been killed by the military

• Prominent politicians and members of the media were arrested arbitrarily by the military

• 70,000 were imprisoned, 34,000 were tortured

• Thousands were subject to various forms of torture (electrocution, strangling & physical violence)