Foundations of human rights


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Foundations of human rights

  1. 1. Commission on Human Rights of the Philippines 1 FOUNDATIONS OF HUMAN RIGHTS by: ANA ELZY E. OFRENEO, CHRP Director IV TITLE : MGA KARAPATAN NATIN – SAAN GALING? SAAN PATUNGO Dir. Ana Elzy E. Ofreneo Foundations of Human Rights Schedule : Day _, Session _ four hours (Part I) Day 2, Session 6 two hours (Part II) Resources Needed: Materials: 10 pcs white cartolinas or tear sheets, 10 half-sheet manila paper, 10 boxes crayola, 10 red pentel pens, 10 blue pentel pens, masking tape, group prize (ribbons “HR Advocate in the Making”) Trainor’s References / Readings / Participants’ Handouts • Philosophical Bases of Human Rights by Ana Elzy E. Ofreneo, in Educator’s Handbook. • Bible, Chapter 3, Verses 1-19 • Bible, 10 Commandments of God • Human Rights in Islam by Ana Elzy E. Ofreneo • The Three Generations of Rights summarized by Ana Elzy E. Ofreneo (based on the article of Karel Vasak) • Struggles for Human Freedoms, in Human Development Report 2000, (New York, USA: United Nations Development Programme, 2000), pp. 27-55.
  2. 2. Commission on Human Rights of the Philippines 2 OBJECTIVES: By the end of the session, the participants shall be able to: 1. Discuss the different foundations of human rights; 2. Reflect on their daily ways of relating with their fellow human beings and their practices on human rights. INTRODUCTION (PRIMING) TO THE 3 LEARNING EPISODES ACTIVITY/ANALYSIS: “HRIA –Human Rights Inference Active” Say: A very pleasant day to all participants! Welcome to our show Human Rights Inference-Active. We have five learning barkada who are competing for the title “HUMAN RIGHTS ADVOCATE IN THE MAKING!” What is our prize? The winners will receive this lovely ribbon declaring them HUMAN RIGHTS ADVOCATE IN THE MAKING! THE RULES: 1. Unscramble the letters to form a word that will form a category of the foundations or bases of human rights. 2. Write the correct word under the jumbled letters. 3. If finished, post the word on the board under the participants’ barkadahan name with the answers first facing the board, not letting the other teams see it. [Later, open the answers one by one, team by team]. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights [The succeeding scrambled words are written on four bond papers. Each bond paper contains one category of the foundations of human rights. They are reproduced in 5 sets. Give one set of scrambled words for each barkadahan] ARTICHISOL BASES OF HUMAN RIGHTS PHIPHILOCALOS BASES OF HUMAN RIGHTS AGELL BASES OF HUMAN RIGHTS CALITHELOGO BASES OF HUMAN RIGHTS
  3. 3. Commission on Human Rights of the Philippines 3 4. Urge the barkadahan to work as a team. 5. The fastest to form the correct words in 20 seconds will be declared winners! (Time and correct answers matter.) 6. Immediately declare the winner as soon as you have verified the correctness of the answers of the first barkadahan to complete the task. Say: AND THE WINNER IS… (give cut-out ribbons of “HUMAN RIGHTS ADVOCATE IN THE MAKING!” to the members of the winning team) Say: What you have just uncovered are the four main topics under this module on Foundations of Human Rights: Philosophical, Theological or Spiritual, Historical and Legal Bases of Human Rights. LEARNING EPISODE 1 A. Activity: “THE KISS” Say: 1. May I ask for two volunteers: a gentleman from today’s Host Team and a lady from tomorrow’s Host Team. Please come forward. 2. Class, let us give our two volunteers a very easy order. We shall also give them the options to obey or disobey our order. Whichever they choose, they must explain to us why they chose that option. (Solicit suggestions from the participants). OK. Our order: YOU KISS EACH OTHER. 3. (Wait for responsive actions from the volunteers). B. Analysis Say / Ask: 1. The moment we gave our order to our two volunteers for them to kiss each other, both of them instantaneously got two options. What are these? 2. Let us ask our volunteers. What did you feel when we ask you to kiss each other? 3. What did you do? Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  4. 4. Commission on Human Rights of the Philippines 4 4. So, did you actually choose not to kiss each other? 5. Why did you disobey (or obey) us / our order? (Challenge / question every reason given by the volunteer) 6. Who told you that it is wrong (or right) to kiss each other? (For every answer, follow up with the question “Why”, or simply repeat every answer in a questioning tone). 7. OK. Thank you. Class, let us give our volunteers our warm applause for they have been such great sport in our activity. You may now please take your seats. C. Abstraction  You see, the moment we gave our order for our two volunteers to kiss each other, both of them instantly got two options, i.e., to kiss or not to kiss.  In deciding which option to choose, our volunteers instantaneously, and imperceptibly, began to weigh the merits of the options. Which is right or which is wrong? Is it bad or good? Is it correct or wrong? Notice the reasoning that they gave us – (quote them e.g. “S/He is not my spouse. Why should I kiss him/her?”)  Inside their minds, they deliberated upon themselves on the merits of the options, by drawing out /by culling out from the back of their minds their set of standards or norms -- norms which are traditionally accepted by everyone as morally, or culturally, or spiritually or naturally correct. You see, each one of you seem to approve what they chose; although, we are all making fun out of it. But their action is what the society approves as right, as consistent with the norms. Therefore, they reason out to us that to kiss a person who is not your spouse is not right. This capacity to reason out or rationalize distinguishes us from animals. Every action that we do is with responsibility because we weigh the consequences and/or the merits of every action. In our exercise, our volunteers exhibited instantaneous action. They disobeyed our order because they believe that it is wrong, it is not right, it is not proper, to kiss each other. However, there are instances when the options before us seem to be so grave, such that we do not only have to deliberate upon ourselves, but we seem compelled to consult, or brainstorm, with others on the pros and cons, precisely on the merits of options. Sometimes it takes us longer, maybe an hour, even a day, or maybe a week before we are able to establish the merits of options. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  5. 5. Commission on Human Rights of the Philippines 5  That process of deliberating on the merits of choices, and consequently reasoning out for one’s choice or action or decision is an exercise of our RATIONALITY – reasoning and rationalizing every thing, every action.  RATIONALITY is one of our two basic philosophical foundations of human rights. In anything we do, great or trivial, we are always confronted with options. In choosing between options, we always rationalize. In other words, we always exercise our RATIONALITY.  NOW, when our volunteers actually chose not to kiss each other, and therefore, actually disobeyed our order, even instantaneously verbalized their chosen option, they actually acted on their FREE WILL. THEY EXERCISED THEIR FREEDOM. That moment when they actually chose one option is an exercise of freedom where they used their free will.  FREEDOM is our second basic philosophical foundation of human rights.  Therefore, RATIONALITY and FREEDOM are the two basic philosophical foundations of human rights. Ask:  Is freedom absolute? Answer: No, freedom is not absolute. The rights of others put limitations on my own freedom. I only have my freedom for as long as I am not transgressing on the freedom of others. Freedom is not absolute because we have the responsibility to observe and respect the freedom of others. My freedom, my rights end once I am already encroaching on the freedom and rights of my fellow human beings. To illustrate, let us go back to our volunteers. Yes, our male volunteer has a freedom to kiss, but his freedom to kiss ends when it comes to the freedom of our female volunteer. Her civil right to honor, reputation and integrity is going to be affected by any action on the part of our male volunteer. Can you now see the interplay of RATIONALITY and FREEDOM, our two basic philosophical foundations of human rights? This happens also to be the basis for discussion of natural rights in natural law. In natural law, the natural characteristic of man is the social impulse to live peacefully and in harmony with others. Whatever conformed to the nature of man as a rational social being was right and just; whatever opposed it by disturbing the social harmony was wrong and unjust..(Grotius) Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  6. 6. Commission on Human Rights of the Philippines 6 Even though norms and traditions are not written as laws, we agree that they are good and good for everyone. They maintain peace and order, make us go along very well, and so therefore, let us live and let live, let us have our rights and respect others’ rights. As the saying goes, Do not do unto others what you do not want others do unto you. But, of course we have a higher level of discussion of philosophy. Remember what our male volunteer jokingly said? He said that he would kiss our female volunteer IF she consented (“kung payag siya”) -- kiss with consent. This tells us that things happen, transactions take place, and various relationships are established, between persons because they adhere to certain unwritten agreements, philosophically called as social contract. Imagine man in a state of nature. In that state, man is in a state of freedom, able to determine his actions, and also in a state of equality in the sense that no man is subjected to the will or authority of another. To end the certain hazards and inconvenience of the state of nature, men entered into a contract by which they mutually agreed to form a community and set up a body politic. However, in setting up that political authority man retained the natural rights to life, liberty, and property, which were his own. Government was obliged to protect the natural rights of its subjects. If government neglected this obligation it would forfeit its validity and office. Natural rights theory affords an appeal from the realities of naked power in a higher authority that is asserted for the protection of human rights. It identifies with human freedom and equality from which other human rights easily flow. D. Application Reflect on two (2) transactions that you engaged yourself today-- alone (with yourself), and, with others. Analyze how you exercised your rationality and freedom, and/or how social contract operated. LEARNING EPISODE 2 A. Activity : “God’s Messages on Human Rights” Say: Does everyone here believe in a Supreme Being? In one God? For the sake of our discussion, allow me to use the Bible. 1. Mr./Ms. (choose a reader) shall read aloud to you Chapter 3 of the Book of Genesis. As s/he reads the verses to us, identify any messages on human rights that God is conveying to us. Recall also our fundamental beliefs on God. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  7. 7. Commission on Human Rights of the Philippines 7 2. (As the Book of Genesis, 3:1-19 is being read aloud, the whole class reads the same on the screen.) B. Analysis Ask: 1. (In plenary, dialogic) What message did you get from the reading? 2. What was the lone prohibition of God? 3. What did Eve and Adam do? Did they follow the order of God? 4. What did Eve do? 5. What did Adam do? 6. What did God do when Eve and Adam disobeyed His order? 7. Did God actually drive Adam and Eve out of paradise…immediately? 8. Let me recall your memories on the dialogue in the Bible. First, let us establish some premises. Isn’t it that one of our beliefs is that God is an all- knowing God? (wait for unison affirmative answer). That He knows everything that we think, speak and do, what is in our minds and hearts? (wait for unison affirmative answer). 9. Notice the attitude of God in our reading. After Eve and Adam ate the forbidden fruit, God arrived and asked: Adam, where are you? Our all- knowing God asked, as if He didn’t know, where Adam is! Adam answered, “I’m here hiding from you because I am naked and I feel ashamed”. 10. Again, our all-knowing God asked, as if He did not know, “Who told you that you are naked? Did you partake of the fruit of that forbidden tree?” Do you notice how God presumed Adam to be innocent? 11.Then, Adam answered and explained his behavior, pointing to Eve for his disobedience. Do you notice how God attentively listened? 12.Then He asked Eve for what she did. Notice again how God attentively listened to Eve as she explained her side and pointed at the serpent as the root cause. Again, have you now noticed how God allowed Adam and Eve to exercise two of the rights of the accused, that is: Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  8. 8. Commission on Human Rights of the Philippines 8 1) the right to be heard; and, 2) the right to meet your accusers and witnesses against you face-to-face? C. Abstraction In our Bible reading, Adam and Eve were the accused. They were accused of violating God’s law, i.e., not to eat that forbidden fruit. Our God did not immediately adjudge them as guilty. No, He did not immediately punish them. Instead, our God allowed them to first enjoy the rights of the accused, i.e.: The right to due process; The right to be presumed innocent until proven guilty; The right to be heard; and, The right to meet one’s accusers and witnesses against him face-to-face The only right not exercised here was the right to legal counsel. Although the phrase human rights is never mentioned in the Bible, it is being presented to us by our God in practice. He is showing us the practical application of human rights. [For enrichment, use the attached lecturette “Christianity and Human Rights” by Ana Elzy E. Ofreneo]. In all other religions, promotion and protection of human rights are also well- entrenched. Even in Islam, human rights have existed since its establishment. [For enrichment, use the attached lecturette “Human Rights in Islam” by Ana Elzy E. Ofreneo]. Let’s go back to Christianity. Even the Ten Commandments can be considered as Ten Commandments on Human Rights. [Show the 10 Commandments]. Notice how almost all of them are stated negatively, i.e., they all begin in the phrase “Thou shall not…” If we translate the commandments into positive statements, without losing the same message, we shall realize that they are all commandments on human rights. For examples: “Thou shall not kill.” Positively stated, this means “Thou shall respect the right to life.” “Thou shall not steal.” Positively stated, this means “Thou shall respect the right to property [in deed].” “Thou shall not covet thy neighbor’s wife.” Before positively translating this commandment, let us first establish the social context at the time that the Ten Commandments were passed on to Moses by God. At that time, women and children are regarded as properties of their Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  9. 9. Commission on Human Rights of the Philippines 9 husbands/fathers. Therefore, when translated into positive statement, this means: “Thou shall respect the right to property of your neighbor [in thought].” This can also be construed as: “Thou shall respect the right to found a family.” In the last two examples, our God is telling us that in thought and in deed, we must respect the right to property of our fellow human beings. D. Application I want you to continue translating those negatively stated statements in The 10 Commandments into positive statements (or human rights statements). You may also want to take a look, from a human rights perspective, at the whole story and history of salvation in the Bible. LEARNING EPISODE 3 A. Activity : “Sa Bawat Yugto ng Kasaysayan, May Bagong Batas Para sa Karapatang Pantao” (HISTORICAL AND LEGAL BASES OF HUMAN RIGHTS) Priming: “Time Warp” Say: Let us all play particular roles in the story entitled “Time Warp”. As I read to you the story, each learning barkada shall stand up and shout their assigned group’s yell whenever their assigned name is mentioned. Group Names and YELLS: KASTILA – VIVA ESPANA! AMERIKANO – VICTORY JOE! HAPON/HAPONES – BANSAI! PINOY – MABUHAY ANG PILIPINAS! KULOG AT KIDLAT – CRACK-BOOM! Read: Isang gabing pusikit, ako ay naglalakad. Natanaw ko sa di kalayuan ang isang pangitaing di ko maipaliwanag. Sa kaitaasan nakita ko ang nagkukumpulang mga ulap at mayamaya ay KUMULOG at KUMIDLAT. Sa aking tabi, ako ay namangha sapagka’t nakita ko ang nagugulimihanang mga KASTILA. KUMULOG AT KUMIDLAT muli at sa kanan ko ay lumitaw ang nagtatakbuhang HAPON. KULOG AT KIDLAT! At sa harapan ko ang lumitaw ay mga gumagapang na AMERIKANO sa damuhan. KULOG AT KIDLAT! Kapit bisig na mga PINOY sa likuran ko ang nagsulputan. Nakita ng mga AMERIKANO ang mga KASTILANG nalilito. Tumayo ang mga AMERIKANO sa kanilang pwesto at inumangan ng mga baril ang mga KASTILA. Ang nagtatakbuhang mga HAPON ay biglang natigil at pinagmasdan ang mga Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  10. 10. Commission on Human Rights of the Philippines 10 KASTILA at mga AMERIKANO. Ang mga HAPON ay naguluhan sa mga pangyayari ngunit namataan ng mga HAPON ang mga PINOY na kapit bisig. Pagkakataon na ng mga HAPON na hulihin ang mga PINOY kung kaya’t hindi nila inalintana ang nagkakagulong mga AMERIKANO at KASTILA at sinugod nila ang mga PINOY. KULOG, KIDLAT, AT KIDLAT pa. Nawala ang mga AMERIKANO, HAPON at KASTILA, Natira ang PINOY. at dahil sa nasaksihang ito ng mga PINOY, sila ay umawit ng magkaisa. KULOG AT KIDLAT. KULOG at KIDLAT pa. Nawala ang lahat maliban sa akin. Maya- maya pa ay napawi ang aurora borealis. Bumalik sa dati ang lahat. Tumakbo ako ng matulin pauwi sa amin. Activity Proper: “History-based Vision-Setting” Ask:  Did you enjoy our activity? Say:  Our next activity is intended to extract from history the processes which gave rise to the enshrinement of civil, political, economic, social, cultural and collective rights in the fundamental laws of our land. Rather than a mere listing of milestones and of contributors to these historical processes, it is my intention to clarify the essence of the platform on human rights as it has evolved over time and the direction in which it is evolving.  [Raffle the following historical periods and topic to the 5 learning barkadas: -Comparative Analysis: Governments in the Philippine History and Systems of Rights -Pre-Hispanic Period -Japanese Period & -3rd Republic -Hispanic Period & -1st Republic (Malolos gov’t) -Martial Law Period & -Post-People Power I Period -American Period & -Commonwealth Period Each learning barkada shall have two assigned historical periods, except for one which shall have the pre-hispanic period + a comparative analysis of the forms of government in Philippine history and their corresponding systems of rights. Require each of the 5 learning barkadas to divide into two working groups to work on their assigned periods.]  Ask: Assuming that you lived during that historical period, what should be your vision for the Philippine society? Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  11. 11. Commission on Human Rights of the Philippines 11 [Instruct the participants to build a future concept/view of the society taking into consideration their understanding of the prevailing conditions during the assigned historical period.]  Give the following procedure/steps as guide for group work:  N o w , I want you to post your murals and arrange them like an art exhibit. Each working group must explain its murals in 3 minutes. [After all groups have presented, ask each group to take a quick look at all the murals. Entertain questions/comments/ reactions from the participants only after all groups have presented their outputs and everyone has viewed the exhibit of murals]. B. Analysis Say: You made such wonderful presentations. I am really impressed. Imagine, within a very short period of time you were able to come up with these very interesting murals! Let us give ourselves a round of applause. Ask: Dir. Ana Elzy E. Ofreneo Foundations of Human Rights 1. You have 15 minutes to work on your assigned historical periods. Divide your group into two working groups and assign each a historical period to work on. 2. Analyze the conditions (civil, political, economic, socio-cultural) dominant within Philippine society during that historical period. Assuming that you were living in that period, what role could you have played to change the status quo. 3. Come up with a common vision of what society should be. 4. Illustrate your situationer and vision in murals using the materials provided to you. 5. On the manila paper, show the conditions dominant during that historical period, especially conditions that have to be changed. 6. On the white cartolina/tear sheet, show your group’s vision of what the Philippine society should be. 7. Present your working group’s outputs for 3 minutes.
  12. 12. Commission on Human Rights of the Philippines 12 How do you feel when you were analyzing the prevailing conditions during those historical periods? Why? Since you were living in that given situation, what role could you have played? Why? [Get 1 participant in each working group to answer]. How about the people? What were their earnest desires? [Expected Answers: Freedom/ Independence/ Sovereignty, Self- Determination, Rule Of Law, Political Participation, Justice, Equality, Non- Discrimination, Adequate Standard of Living] [Structure the answers into historical chronology, for example: Historical Period Rights Being Desired Hispanic period Freedom from colonization Non-discrimination and equality I. Civil Rights Right to security of person, liberty and property Right to a name Right to a nationality Right to own property Freedom of movement Freedom of abode Freedom of religion Free speech Freedom of expression Free press Freedom from forced labor Freedom of association Freedom of peaceful assembly Right to petition the government for redress of grievances Right to due process Right to equal protection of the laws Right to speedy disposition of cases etc. II. Political Rights Rule of Just Laws Transparency Political Participation Right to Vote III. Social Right to Education IV. Economic Right Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  13. 13. Commission on Human Rights of the Philippines 13 to use the fruits of one’s own property, peasants’ right to agrarian reform V. Cultural Rights American period All of the Above + Socio-economic rights of workers Commonwealth Period Complete Independence Japanese period All of the Above, especially security of life, liberty, property; freedom from torture; right to due process 3rd Republic Peasants’ Right to Agrarian Reform Martial Law Freedom from dictatorship Freedom from fear Freedom from torture Freedom from solitary confinement, Incommunicado Due process Political participation Transparency New Democracy All of the above: I Civil Rights II Political Rights + right of initiative and referendum III Economic Rights IV. Social Rights V. Cultural Rights VI. Solidarity Rights What are common in all your murals? [Note: When the vision/s presented center on peace as an ideal, the facilitator can relate this to the concept of justice as pre-requisite for the attainment of the former (peace), and the latter (justice) as a reflection of the utmost enjoyment of human rights by the individual and most especially the collectivity (social justice).] You have here severance or freedom from colonization. There you have freedom from dictatorship. And here you have severance or freedom from Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  14. 14. Commission on Human Rights of the Philippines 14 imperialism. Are they not common in terms of struggles for freedom? Or struggles for independence? Then here, you want equality. What’s the other way of presenting equality? [Expected Answer: freedom from discrimination] This mural speaks of good life and a desire for decent standard of living. You said roof on the head, food on the table, money. In other words, you want freedom from want. You also have bridges and roads and cell phones to communicate, schools and free education, etc. What freedom is shown here? [Expected Answer: freedom for the realization of one’s human potential]. In here, you are showing that you do not want all these atrocities, transgressions on one’s chastity, and harm on one’s life and limbs. What do these indicate? [Expected answer: freedom from fear – with no threats to personal security] What freedom does your scale of justice symbolize? [Expected Answer: freedom from injustice.] What could be the meaning of these ballots, radio/TV announcer, and gatherings of people? (Expected Answer: freedom of participation, expression and association] Why are these people smiling while being productive, working and engaging in livelihoods? [Expected Answer: freedom for decent work—without exploitation] Together with these struggles for freedom, what else are the common messages reflected in your murals? [Expected Answers: - Concern for the welfare and development of different social institutions. Notice that most of you drew the family, the church, the school, the community and the government. - Concern for the development of democratic institutions as well as for political, social and economic empowerment. Here you are presenting fair justice system, pointing to civil and political rights. Then here you point to an end to graft and corruption, economic recovery. We have struggle against unfair and oppressive system that are in place. - EDSA III, sino ang nag-people power dito? So respect human rights, more jobs, salary, the struggle is for economic, social and cultural rights. And also civil and cultural rights- fair justice system and stoppage of graft and corruption. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  15. 15. Commission on Human Rights of the Philippines 15 5. What can you say about this mural on the pre-hispanic period? [Expected Answer: It looks like an ideal society. It presents a very wholesome, well- organized and harmonious society, with peace and order. Each one has a particular role to contribute to society for the furtherance of the cause of society’s development. These are solidarity rights or collective rights.] 6. Let us look at this comparison of the different forms of government in Philippine History. Do we agree with each identified system of rights as corresponding to each form of government? Expected Answers: Historical Periods System of Rights System of Society Pre-Hispanic 1. Customary Primitive/Communal Spanish Period 2. Divine Rights of Kings Feudalism American Period 3. First generation of Rights (civil and political rights) Capitalism Commonwealth Period 4. Second Generation of Rights (economic, social & cultural) Socialism 5. Third Generation of Rights (rights to self-determination, peace / non-aggression, etc.) ? Note: As a summary of the development of human rights in history, the facilitator should be able to explain that the system of rights are but a reaction to the system of society. For instance, as a protest to the system of feudalism characterized by a relationship between the king and the slave, the latter revolted against the former which paved the way for the respect of civil and political rights. Good examples are the KKK, French and American revolutions. C. Abstraction  Present the time line TIME LINE HISTORICAL PERIOD RIGHTS FOUGHT FOR SUBSEQUENTLY RECOGNIZED & GUARANTEED IN LAW Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  16. 16. Commission on Human Rights of the Philippines 16 Pre-Hispanic Codes of Sumakwel and Kalantiaw Hispanic Freedom from colonization Non-discrimination and equality I.Civil Rights [-Freedom from fear -Freedom from injustice -Freedom of participation, expression & association ] Right to security of person, liberty and property Right to a name Right to a nationality Right to own property Freedom of movement Freedom of abode Freedom of religion Free speech Freedom of expression Free press Freedom from forced labor Freedom of association Freedom of peaceful assembly Right to petition the government for redress of grievances Right to due process Right to equal protection of the laws Right to speedy disposition of cases Etc. II. Political Rights Rule of Just Laws Transparency Political Participation Right to Vote III. Social Right to Education IV. Economic Right [-Freedom for decent work – without exploitation ] to freely use the fruits of one’s own property, peasants’ right to agrarian reform V. Cultural Rights Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  17. 17. Commission on Human Rights of the Philippines 17 1st Republic (Malolos gov’t) Malolos Constitution American CPR Freedom from Fear Political Participation Freedom from Discrimination Equality Independence Self-Determination Workers’ Socio-Economic Freedom from Want Phil. Bill of 1902 (Cooper Act)______ Commonwealth 1935 Constitution Japanese Freedom from Fear Freedom from Want Independence UN Charter International Bill Of Human Rights- - UDHR - ICESCR - ICCPR - Optional Protocols 3rd Republic Martial Law Freedom from Fear Freedom Constitution (Proclamation No.3); 1987 Constitution New Democracy (People Power) 1987 Constitution With the aid of the time line, say:  During the pre-Hispanic times they were all governed by the rule of law such as the Codes of Kalantiaw and Sumakwel.  After their protracted fight for freedom from Hispanic colonization, the 1st Republic or Malolos government passed the Malolos Constitution. The bulk of the provisions of the Malolos Constitution were those political and civil rights that were fought for by our Katipuneros. Some authors refer to civil and political rights, being the first to be fought for respect and recognition, as the first generation of human rights.  Then, after the Filipino-American War, the American government extended the Bill of Rights under the American Constitution to the P.I. by passing the Philippine Bill of 1902, which was also known as the Cooper Act. Cooper Act also provided for maximum land ownership by individuals of up to 18 hectares, and by corporations of up to 1024 hectares. This land ownership prompted the landed to incorporate so they can own more lands. As Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  18. 18. Commission on Human Rights of the Philippines 18 corporations grew in number, the ranks of workers also mushroomed. What followed next were what you showed in your murals – workers demanding for social justice, humane working conditions, just compensation, social security benefits, etc. In other words, a new struggle for socio-economic and cultural rights.  During the Commonwealth Government, the first law passed was the 1935 Constitution that provided, among others, for all those socio-economic rights that were fought for by all working Filipinos during the American period. Some authors refer to these social, economic and cultural rights as the second generation of human rights. Every right in the Malolos Constitution as well as in the American Bill of Rights were carried over in the 1935 Constitution.  After World War II, the Philippines was a pioneer member of the United Nations and participated in the development of fundamental international laws on human rights. These were the United Nations Charter, the Universal Declaration of Human Rights, the two International Covenants – one on Civil and Political Rights, and another on Economic, Social and Cultural Rights, and the Optional Protocols to the Covenants.  Under Martial Law, we had the 1973 Constitution. Yes, all the rights in the 1935 Constitution were enshrined; but watered down by Amendment No. 6. Remember, the 1973 Constitution had four (4) amendments: two by decree; and, another two by referendum. Amendment No.6 was by virtue of a decree by Marcos.  And now, we have the 1987 Constitution that provides for, in addition to all those rights in the 1935 Constitution, everything in Martial Rule that we do not want repeated such as no-to-torture, and no-to-solitary confinement.  To sum up, all our historical struggles have been along the following concerns: - Freedom from fear – with no threats to personal security - Freedom from injustice - Freedom of participation, expression and association - Freedom from discrimination – for equality - Freedom from want – for a decent standard of living - Freedom for decent work – without exploitation. - Freedom for the realization of one’s human potential  All the gains of all these struggles found their way into all our Constitutions, with guarantees for human rights continuously building up, like building blocks. Since the time of colonial rule, Philippine society has embraced the Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  19. 19. Commission on Human Rights of the Philippines 19 principles related to human rights, and enshrined these principles in the most fundamental legal documents of the nation – from the Malolos constitution to the present constitution.  Every article in the 1987 Philippine Constitution is either a carry-over from our past constitutions or a new provision based on the recent experiences of our society. Our present Constitution, like the previous ones, actually consists of three constitutions, i.e.: constitution of sovereignty, constitution of government, and constitution of human rights. Thus, it is a 3-in-1 constitution.  The 1987 Philippine Constitution is deemed the legal basis for the practice of human rights in the country today. The constitution is said to contain the longest article on the bill of rights in Philippine history. It also contains provisions detailing the guidelines for the enjoyment not only of individual rights, but also of people’s rights. Even the international laws on human rights are also provided for in our constitution.  In the 1987 Constitution, guarantees for all our human rights are in the following articles: Dir. Ana Elzy E. Ofreneo Foundations of Human Rights The 1987 Philippine Constitution: 3 constitutions rolled into 1 Constitution of Sovereignty Preamble Article I (National Territory) Article II (Declaration of Principles & State Policies), Sec. 1 Constitution of Government Article VI (The Legislative Department) Article VII (Executive Department) Article VIII (Judicial Department) Article IX (Constitutional Commissions) Article X (Local Government) Article XI (Accountability of Public Officers) Article XIII (Social Justice &Human Rights), Sec. 17-19 Constitution of Human Rights A. Civil and Political Rights B. Economic, Social and Cultural Rights C. Peoples’ Rights
  20. 20. Commission on Human Rights of the Philippines 20 Human Rights in the 1987 Constitution CIVIL & POLITICAL RIGHTS (also called FREEDOMS) ECONOMIC, SOCIAL & CULTURAL RIGHTS (also called DEMANDABLE RIGHTS) Article II : Declaration of State Policies & Principles Article II : Declaration of State Policies & Principles Article III : Bill of Rights Article XII : National Economy & Patrimony Article IV : Citizenship Article XIII: Social Justice & Human Rights Article V : Suffrage Article XIV: Education, Science, Arts Technology & Culture Article VI, Sec. 32: Right of Initiative & Referendum Article XV : The Family Article XVII, Sec. 2: Right of Initiative & Referendum D. Application You must have noticed that we have more provisions on human rights than on government. The Constitution ensures that the citizens are amply protected against any possible excesses in the exercise of governmental powers. Whereas, the government has genuine powers (in terms of resources, machinery, guns, etc.), the citizens are only empowered by their constitutionally guaranteed rights. [Ask the participants to choose and explain on the following that illustrate the type of power relationships between the government and the citizens]. 1. 2. citizens government citizens government 3. government citizens Dir. Ana Elzy E. Ofreneo Foundations of Human Rights Illustrative question: In the exercise of its power of eminent domain, can the government arbitrarily take any properties of its citizens? [Expected answer: No. Article III, Section 9 says that “No private property shall be taken (by the government) for public use without just compensation”.] Therefore, the government must balance the exercise of its powers with its duties for human rights.
  21. 21. Commission on Human Rights of the Philippines 21 CLOSURE OVER-ALL SYNTHESIS FOR THE 3 EPISODES: Karapatang Pantao: Saan Galing, Saan Patungo (Human Rights: Where they Came From, Where they are Going) Dir. Ana Elzy E. Ofreneo Foundations of Human Rights KAISIPAN: Pilosopiya ng pagiging tao Pilosopiyang political Pilosopiya ng tama at mali Relihiyon Pilosopiya ng batas Politikal ekonomi Siyensiya KARANASAN: Diktadura Kolonyalismo Sistemang alipin Rebolusyon Kalayaan Demokrasya Kilusan sa pagbabago “Kasunduang Panlipunan” SALIGANG BATAS KARAPATANG PANTAO OVER-ALL APPLICATION: Cite an incident in your home or community which can be considered as manifestations of any of the foundations of human rights, i.e.: philosophical, theological, historical and/or legal. CLOSURE: Let us end our session on Foundations of Human Rights with the singing of the song entitled “Oh Freedom”. [Ask everyone to stand up, march in place and alternately raise both arms up while singing.] OH FREEDOM Oh, freedom! (3x) Over me And before I’ll be a slave, I’ll be buried in my grave, And go home to my God, And BE FREE!
  22. 22. Commission on Human Rights of the Philippines 22 Material for Learning Episode 2: BIBLE, GENESIS, CHAPTER 3, VERSES 1-19 1 Now the serpent was more crafty than any of the wild animals the Lord God had made. He said to the woman, “Did God really say, “You must not eat from any tree in the garden?” 2 The woman said to the serpent, “We may eat fruit from the trees in the garden, 3 but God did say, “You must not eat fruit from the tree that is in the middle of the garden, and you must not touch it, or you will die.” 4 “You will not surely die,” the serpent said to the woman. 5 “For God knows that when you eat of it your eyes will be opened, and you will be like God, knowing good and evil.” 6 When the woman saw that the fruit of the tree was good for food and pleasing to the eyes, and also desirable for gaining wisdom, she took some and ate it. She also gave some to her husband, who was with her, and he ate it. 7 Then the eyes of both of them were opened, and they realized they were naked; so they sewed fig leaves together and made covering for themselves. 8 Then the man and his wife hear the sound of the Lord God as he was walking in the garden in the cool of the day, and they hid from the Lord God among the trees of the garden. 9But the Lord God called to the man, “Where are you?” 10 He answered, “I heard you in the garden, and I was afraid because I was naked; so I hid.” 11 And he said, “Who told you that you were naked? Have you eaten from the tree that I commanded you not to eat from?” 12 The man said, “The women you put here with me-she gave me some fruit from the tree, and I ate it.” 13 Then the Lord God said to the woman, “What is this you have done?” The woman said, “The serpent deceived me, and I ate.” 14 So the Lord God said to the serpent, “Because you have done this, “Cursed are you above all the livestock and all the wild animals! You will crawl on your belly and you will eat dust all the days of your life. 15 And I will put enmity between you and the woman, and between your off-springs and hers; he will crush your head, and you will strike his heel.” 16 To the woman he said, “I will greatly increase your pains in childbearing; with pain you will give birth to children. Your desire will be for your husband, and he will rule over you.” 17 To Adam he said, “Because you listened to your wife and ate from the tree about which I commanded you, “You must not eat of it”, “Cursed is the ground because of you; through painful toil you will eat of it all the days of your life. 18 It will produce thorns and thistles for you, and you will eat the plants of the field. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  23. 23. Commission on Human Rights of the Philippines 23 19 By the sweat of your brow you will eat your food until you return to the ground, since from it you were taken; from the dust you are and to dust you will return.” The Ten Commandments of God * God’s Commandments on Human Rights 1 You shall have no other gods before me. 2 You shall not make for yourself an idol in the form of anything and you shall not bow down to them or worship them. 3 You shall not misuse the name of the Lord your God 4 Remember the Sabbath day by keeping holy. 5 Honor your father and your mother. [Respect the rights of your PARENTS.] 6 You shall not murder. Respect the right to LIFE. 7 You shall not commit adultery. Respect the right to FOUND A FAMILY. Respect the right to MARRY. 8 You shall not steal. Respect the right to PROPERTY [in deed]. 9 You shall not give false testimony against your neighbor. Respect the right to HONOR and REPUTATION. 10 You shall not covet your neighbor’s house. Respect the right to PROPERTY [in thought]. *Source: Bible, Exodus 20: 3-19. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  24. 24. Commission on Human Rights of the Philippines 24 Enrichment for Learning Episode 2: HUMAN RIGHTS IN ISLAM By: ANA ELZY E. OFRENEO CHR Director-In-Charge of Muslim and IP Sectors Human rights have existed in Islam since its establishment. However, the Muslims have taken them for granted even as part of the Islamic system. In 1948, when the United Nations adopted the Universal Declaration of Human rights (UDHR), many Muslim scholars and jurists found themselves impelled to go deeper into the study of human rights. The results of their studies affirmed their belief that human rights in Islam is universal in character and intention, and that its concept its based on human nature in the manner the creator had planned things. The concept of human rights: 1. The term in Islam is rich in connotation and has fine shades of meanings. For the Muslims, rights are essentially ethical or moral in character. 2. The Islamic law distinguishes those rights that belong to Allah and those rights that refer to relations between mankind. In its strict sense, only Allah has rights and man has the obligations. 3. Man has rights to nature and its resources as well as rights in relation to each of them. Both rights are related since abuses or monopolies on earth’s resources can and do affect the welfare of others. 4. Man, in order to exercise his obligations better, must possess some rights. However, such rights are at best derivatives since only God has rights. 5. Islam is essentially a religion and obligations. There are two types of obligations: a. Individual; and b. Collective. SOME RELATED CONCEPTS 1. The right to life In Islam, life is sacred. It is sacred because it comes from Allah. No one has the right to take away life except Allah and save when one is in the pursuit for justice. The taking of any form of life is an awesome responsibility in Islam, for God only is the life-giver and death-giver. By respecting the life of others, man becomes closer to God, the life-giver. 2. The right to education It is a right for every Muslim to search for knowledge. The State has the obligation to fulfill this right. Thus, education should be availed to all Muslims free. 3. The right to adequate standard of living Everyone has a right to a basic standard of life. For the Muslims, the poor has the right to a share in the wealth and resources of the rich. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  25. 25. Commission on Human Rights of the Philippines 25 4. The right to freedom of movement According to the Qur’an, Muslims have the right to travel for trade and other useful purposes to learn from other peoples and to make pilgrimages. Enrichment for Learning Episode 3: ON INDIVIDUAL ROLES IN HISTORY By: Ana Elzy E. Ofreneo [Note: The discussion centers on the ideas of known nationalist leaders, Bonifacio and Mabini. Also covered are legal documents pertaining to human rights and some of Diokno’s ideas as regards the meaning of rights for Filipinos.] A. ANDRES BONIFACIO a. Bonifacio focuses more on the means by which the people can attain their rights. He emphasized the fact that “reason tells us not to waste time.. we rely upon ourselves alone and never entrust our life to anybody.” b. Clear in Bonifacio’s statement is the need for people to act as one, and in one sense, he stresses the need for self-determination, especially against colonialism. B. APOLINARIO MABINI a. Mabini’s political thought was fundamentally based on the simple (but all encompassing) idea of the dignity of man. He stresses that man, in his need to preserve his life, improve and perfect it, needs to procure the indispensable means. These means include, liberty and mental and physical freedom. b. Mabini does not neglect to point out the social character of man’s freedom. He believes that “freedom must be used for doing good, and never evil. Freedom does not mean that there is no restraint. Freedom implies adjustment of conduct to the dictates of justice and reason.” c. Mabini also stresses on the collective rights of men. He states that “purpose of man does not end in himself alone, it has to spread to his fellowmen to bring about their social, moral and economic development. Collectively, the purpose of man … is to obtain the highest possible well-being for each and every member of society.” It is in here where Mabini elucidates on an idea related to peoples’ rights. He states that, “a country or society that is not economically free cannot render to its citizenry the fullness of life and happiness..” Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  26. 26. Commission on Human Rights of the Philippines 26 C. JOSE WRIGHT DIOKNO a. Diokno states that there are two national documents that enumerate the rights of the Filipinos. The Mololos and the 1935 Constitutions (particularly the bill of rights provisions in these Constitutions). He does not include the 1973 Constitution because: “the 1973 Constitution has no place in the list, not only because of its doubtful parentage but also because it contains provisions on executive immunity (Art. VII, Sec. 15); on the President’s right to enter into treaties or agreements disregarding the constitutional requirement that natural resources be controlled by the Filipino people (Art. XIV, Sec. 16); the provision validating Martial Law Acts (Art. XVII, Sec. 3(2)]; and the provision granting the President the power to legislate (1976 Amendment 6)” (Diokno, 1987). b. Our language establishes that there is a Filipino concept of Justice (katarungan: eng. – appropriate, correct, upright, straight; that is a highly moral concept, intimately related to the concept of right (karapatan – English, fitting, appropriate, correct); that is similar to, but broader than the western concepts of justice, for it embraces the concept of equity (Diokno, 1987: 19-20) Even our languages stresses on a particular dimension which human rights in the western mold only implicitly attend to – equity. This is the basis of concluding that unless our society becomes less iniquitous or more equitable, the rights of each individual and the people-at-large can never be fully attained. Reading for Learning Episode 3: The Three Generations of Rights by Ana Elzy E. Ofreneo (based on the article of Karel Vasak) Note: The human rights tradition is a product of its time. It reflects the processes of historical continuity and change that, at once and as a matter of cumulative experiences, helps to give human rights its substance and form. The discussion of the three generations of rights will help us understand the debate over the content and scope of human rights. Furthermore, the three generations of rights are not intended as a literal representation of life in which one generation gives birth to the next and then dies away. However, the rights associated with one generation is expanded or supplemented in another. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  27. 27. Commission on Human Rights of the Philippines 27 1. The First Generation 1.1 The first generation of civil and political rights derives primarily from the seventeenth and eighteenth centuries reformist theories e.g. Locke, Hobbes, etc., and which are associated with the English, American and French revolutions. It conceives of human rights more in negative (“freedom from”) than positive (“rights to”) terms; it favors the abstention rather than the intervention of government in the exercise of freedoms and in the quest for human dignity. 1.2 The government could not intervene because in the words of H.L. Mencken “all government” is, of course, against liberty. 1.3 Belonging to this first generation of rights are rights set forth in Articles 3-21 of the Universal Declaration of Human Rights 1.4 As a note of caution however, not all rights within the above-mentioned articles correspond completely to the idea of “negative” rights as opposed to “positive” rights. The right to security of the person, to a fair and public trial, to asylum from persecution, and to free elections are examples of rights under the first generation which cannot be assured without some affirmative government action. 1.5 The central message of the first generation of rights is the notion of liberty, a shield that safeguards the individual, alone and in association with others, against the abuse and misuse of political authority. 2. The Second Generation 2.1 The second generation of economic, social, and cultural rights finds its origins primarily in the socialist tradition and variously promoted by revolutionary struggles and welfare movements ever since. 2.2 It is basically a response to the abuses and misuses of capitalist development and its underlying, essentially uncritical, conception of individual liberty that tolerated, even legitimated, the exploitation of working classes and colonial peoples. 2.3 Historically, it is counterpoint to the first generation of civil and political rights, with human rights conceived more in positive (“rights to”) than negative (“freedom from”) terms, requiring the intervention, not the abstention, of the State, for the purpose of assuring equitable participation in the production and distribution of the values involved. Examples are the rights set forth in Articles 22-27 of the Universal Declaration of Human Rights. 2.4 In the same way that the rights embraced by the first generation of civil and political cannot properly be designated as “negative rights”, so all the rights embraced by the second generation of economic, social, and cultural rights cannot properly be labeled “positive rights”. For instance, the right to free choice of employment, the right to form and join trade unions, and the right freely to Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  28. 28. Commission on Human Rights of the Philippines 28 participate in the cultural life of the community do not inherently require affirmative state action to ensure their enjoyment. 2.5 Second generation rights are, fundamentally, claims to social equality. Partly because of the comparatively late arrival of socialist-communist influence in the normative domain of international affairs (Weston, 1989) 3. The Third Generation 3.1 Finally, the third generation of solidarity rights, while drawing upon, interlinking, and conceptualizing value demands associated with the two earlier generations of rights, are best understood as a product, albeit one still in formation, of both the rise and the decline of the nation-state in the last half of the twentieth century. 3.2 This generation of rights can be found in Article 28 of the Universal Declaration of Human Rights, which proclaims that “everyone is entitled to a social and international order in which the rights set forth in this declaration can be realized.” 3.3 The said particular provision appears to embrace six rights. Three of these reflect the emergence of Third World nationalism and its demand for a global redistribution of power, wealth, and other important values: the right to economic and social development; the right to political, economic, social and cultural self determination; and the right to participate in, and benefit from, “the common heritage of mankind” (shared Earth-space resources, scientific, technical, and other information and progress, and cultural traditions, sites and monuments). 3.4 The other three third generation rights – the right to peace, the right to a healthy and balanced environment, and the right to humanitarian disaster relief – suggest the incapacity and inefficiency of the nation-state in certain critical period. 3.5 All of these six rights are considered collective rights, requiring the concerted efforts of all forces, and implying a quest for a possible paradigm that will protect the holistic interest of a community. 3.6 Although considered collective, each however manifests an individual dimension as well. For instance, while it may be said to be the collective right of all countries and peoples (especially developed countries and non-self governing peoples) to secure a new international economic order that would eliminate obstacles to their economic and social development, so also may it be an individual right of all persons to benefit from a developmental policy that is based on the satisfaction of material and non-material human needs. DEEPENING Relate the images in the murals with one another along the following key concepts: liberty / freedoms, equality, and solidarity. 1. Do you see any relationships under each of the key concepts? 2. What then are the relationships? Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  29. 29. Commission on Human Rights of the Philippines 29 3. What then are the relationships between individual rights and collective rights? 4. What do you think should be given stress if contextualized in the Philippine setting? Focus on the following points: 1. The questions of relationships between individual and collective rights is one which should be based on a careful analysis of the objective conditions that exist within societies. If the practice of individual rights is limited due to subjugation of societies by another, then collective rights should be the focus/basis of a united struggle. 2. Individual rights are largely derived from the enjoyment of collective rights. As such, the enjoyment of collective rights would guarantee the continued recognition and practice of individual rights. It should be stressed that individual rights are means for everyone to be fully human and that collective rights are conditions for our humanity to unfold. But caution should be made here because it might be construed that collective rights are superior than the individual rights. It should be made clear that both individual and collective rights are of equal status, and neither of them enjoys any formal or substantive priority over the other. Equality of status is as important for human rights as it is for human beings, for once one begins to rank human rights or be selective in terms of approach or focus, the way is wide open to abuse. 3. Developing societies see themselves within a world that increasingly limits their development. Their economic resources are continuously being siphoned out, their political structures are manipulated, their culture permanently altered. (The facilitator has option to present some data regarding Philippine realities, e.g., foreign debt, TNC’s incursion, etc….) Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  30. 30. Commission on Human Rights of the Philippines 30 Reading for Episode 3: COMPARATIVE TABLE: SCHOOLS OF THOUGHT ON HUMAN RIGHTS Dir. Ana Elzy E. Ofreneo Foundations of Human Rights School of Thought Nature of Human Rights Strengths Weaknesses Philosophical Reason defines the scope of human rights. If one will rationally understand the nature of human beings, then one will likewise understand that human rights are inherent to human beings. Therefore, human rights are natural rights. It recognizes the inherence of human rights and affirms the dignity of the human person. It supports the belief that all human being by virtue of their being human have rights. Reason is very difficult to determine. Whose reason is supreme? Can all human beings arrive at the same conclusion using reason? Theological Human Rights are given to human beings by a Supreme Being. One’s faith determines what constitutes human rights. It denotes an understanding and practice of human rights that is geared towards higher spiritual purpose. Human Rights become part of one’s faith and belief rather than mere concepts to be learned. History tells us that churches, spiritual leaders are not infallible. People are vulnerable to faith without understanding and reason. Different faith have different beliefs therefore, human rights become varied and not standardized for all human beings. Positivistic Human Rights are those recognized by the legal system. Human Rights are legal rights. Human Rights become standardized and can easily be enforced because they become part of the law. Laws are not perfect. They are evolving and need further refinements depending on the demands of the time. The process of law making takes time. It involves a lot of negotiations and compromises among the concerned parties. Thus, laws sometimes are inadequate to address the immediate needs of people.
  31. 31. Commission on Human Rights of the Philippines 31 Dir. Ana Elzy E. Ofreneo Foundations of Human Rights School of Thought Nature of Human Rights Strengths Weaknesses Cultural A society’s culture ascertain what is acceptable norm or not, what is right or wrong. Human Rights are thus seen as a set of acceptable societal values and norms. Human rights become relative to a society’s culture. This approach recognizes indirectly that human rights are inherent in a culture and not just an important concept. By using cultural practices to illustrate human rights, people can easily embrace human rights because it is something that is not new to them. A culture is not perfect. There are practices that need to be re-examined in the light of human rights. For instance, female genital mutilation in some tribes in Africa is an acceptable cultural practice by causes death to millions of women and girl- children. The caste system in India is illegal but remains as a socially acceptable practice. Hundreds of untouchables die just because they occupy the lowest caste. Ideological State adopt different political and economic systems depending on how best they see a country should be governed. Leaders and other political actors are often guided by certain political and economic principles with which a country is run. These principles are called the state’s ideology. It is the framework of governance. Human Rights are often interpreted depending on the adopted ideological framework. Some believe that the liberal tradition of the west puts much emphasis on civil and political rights with an understated pursuit of socio-economic- cultural rights. When human rights are interpreted depending on the state’ ideology, the political will is strong. Human Rights are reduced to the issue of power politics. The promotion, prevention and protection of human rights become subject to the decision of those in power and not dependent on what is necessary from the point of view of the powerless and dispossessed.
  32. 32. Commission on Human Rights of the Philippines 32 School of Thought Nature of Human Rights Strengths Weaknesses Others believe that developing countries pursue vigorously socio- economic cultural rights at the expense of civil and political rights. The challenge now is how to strike a balance. Human rights then becomes dependent on the position adopted by the government in the ideological spectrum. Historical Human Rights evolved through time and will continue to evolve and expand as people make their history. Human Rights are incremental and defined by history. A historical approach to human rights one to comprehend the socio- economic and political forces at work in history people struggle for human rights. It helps us understand human rights in its social context. There is no single version of history. People go to war to regain their “true” history. Whose history? There is always the danger that a muddled history of a country confuses understanding human rights. History can be written and rewritten and human rights might suffer from the same fate. Dir. Ana Elzy E. Ofreneo Foundations of Human Rights
  33. 33. Commission on Human Rights of the Philippines 33 Inputs for Learning Episode 3: The International Bill of Human Rights recognizes the rights to: Dir. Ana Elzy E. Ofreneo Foundations of Human Rights Rights UDHR ICCPR ICESCR Life 3 6 Liberty and security of person 3 9 Protection against slavery 3 6 Protection against torture and cruel, inhuman or degrading treatment or punishment 5 7 Humane treatment when detained or imprisoned 10 Recognition as a person before the law 6 16 Equal protection of the law 7 14 & 26 Access to legal remedies for rights violations 8 2 Protection against arbitrary arrest or detention 9 9 Hearing before an independent and impartial judiciary with all fair trial guarantees 10 14 Presumption of innocence 11 15 Protection against ex-post facto laws 11 15 Protection of privacy family and home 12 17 Freedom of movement and residence 13 12 Seek asylum from persecution 14 Nationality 15 Marry and found a family 16 23 10 Own property 17 Freedom or thought, conscience and religion 18 18 Freedom of expression and to hold opinions 19 19 Freedom of assembly and association 20 21 & 22 Political participation 21 25 Social Security 22 9 Work under favourable conditions 23 6 & 7 Free trade unions 23 22 8 Rest and leisure 24 7 Food, clothing and housing 25 11 Health care and social services 25 12 Special protection for children 24 24 10 Education 26 13 & 14 Participation in cultural life 27 15 Self-determination of peoples 1 1 Protection against imprisonment for debt 11 Protection against arbitrary expulsion of aliens 13 Protection against advocacy of racial or religious hatred 20 Protection of minority culture, language, religion 27