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Theories of Civil
Society
Chapter I Part 2 Discussion
ISAS60
Theories of Civil Society
Civil society, in all the theories, is assumed to operate in the
larger context of liberal democracy, and the importance
attributed to civil society relies to a large extent on how civil
society contributes to the institutions and practices of liberal
democracy. Although there are obviously many different
definitions of liberal democracy, in both political theory and the
politics of states, the term is generally used to signify, at a minimum,
both a private sphere outside of the state and collective decision
making to guide the state
Liberalism
Liberal theories focus on the liberty-enhancing
properties of civil society. The basic premise that citizens
should be able to freely choose and pursue their
individual life projects is connected to the existence of a
vibrant set of groups and organizations independent of
the state. These associations constitute arenas in which
individuals can express and pursue different interests,
identities and aspirations.
Social Capital
Social capital theory is more selective than liberal
theory in defining the ambit of civil society. The theory
turns on popular associations with an active membership
base that engage in social and civic activities, and
generally excludes two categories of associations whose
aims and internal structure are such that they cannot
serve as incubators of citizenship. The first are actors
viewed as being strictly market based: corporations,
partnerships, other profit-seeking entities, and the
lobbying groups that represent their interests in politics.
Multiculturalism
The central problem in multiculturalism theories is
cultural, ethnic and religious diversity in contemporary
societies; the response is to recognize and
accommodate such groups and their associations within
a broader framework of pluralism and democracy.
Multiculturalism theories are aimed at a wide range of a
scriptive groups and political contexts: ethnic and
religious minorities such as Islam in Western societies,
territorially based groups, and indigenous peoples.
Cosmopolitanism
The cosmopolitan line of argument is the only one that is
directed specifically at the international realm. The historical and
political context that informs the literature is the rise of associations
and social movements that span the globe. These are associations
and informal networks that mobilize individuals across national
borders, focus on global issues, and target multiple countries and
multilateral regimes in order to achieve their goals. Both long-
standing organizations such as Amnesty International and the
World Wildlife Fund as well as more spontaneous social movements
such as the anti-globalization networks responsible for the protests
at meetings of international economic organizations are
representative of this phenomenon.
CHAPTER II.
INTRODUCTION TO
HUMAN RIGHTS
ISAS60
A. WHAT IS HUMAN RIGHTS?
Human rights are generally defined as those rights,
which are inherent in our nature, and without which, we
cannot live as human beings. - United Nation
Human rights are supreme, inherent, and inalienable
rights to life, dignity and self-development. It is the essence
of these rights that makes man human. -Philippine
Commission on Human Right
International norms that help to protect all people
everywhere from severe political, legal, and social abuses.
http://plato.stanford.edu/entries/rights-human/
HUMAN RIGHTS
-Human rights have been promoted since 1946 by
the United Nations as part of its mandate. But since the
human rights standard setting has been continuously
developing, new concepts have also been adopted by
the international community and made part of human
rights obligations of the states
Human Rights Principles
•Human rights are universal and inalienable; indivisible; interdependent
and interrelated
❖ Basic Characteristics of Human Rights
• Inherent
• Fundamental
• Inalienable
• Imprescriptible
• Indivisible
• Universal
• Interdependent
Human Rights Principles
They are universal because everyone is born with and possesses
the same rights, regardless of where they live, their gender or race, or
their religious, cultural or ethnic background.
Inalienable because people’s rights can never be taken away.
Indivisible and interdependent because all rights—political, civil, social,
cultural and economic—are equal in importance and none can be fully
enjoyed without the others.
They apply to all equally, and all have the right to participate in
decisions that affect their lives.
They are upheld by the rule of law and strengthened through
legitimate claims for duty-bearers to be accountable to international
standards.
Human Rights Principles
• Universality and Inalienability: Human rights are universal and
inalienable. All people everywhere in the world are entitled to
them.
• Indivisibility: Human rights are indivisible. Whether they relate to
civil, cultural, economic, political or social issues, human rights
are inherent to the dignity of every human person
• Interdependence and Interrelatedness: Human rights are
interdependent and interrelated. Each one contributes to the
realization of a person’s human dignity through the satisfaction
of people’s developmental, physical, psychological and spiritual
needs.
• Equality and Non-discrimination: All individuals are equal as
human beings and by virtue of the inherent dignity. No one,
therefore, should suffer discrimination on the basis of race,
colour, ethnicity, gender, age, language, sexual orientation,
religion, political or other opinion, national, social or
geographical origin, disability, property, birth or other status as
established by human rights standards.
• Participation and Inclusion: All people have the right to
participate in and access information relating to the decision-
making processes that affect their lives and well-being.
• Accountability and Rule of Law: States and other duty-bearers
are answerable for the observance of human rights. In this
regard, they have to comply with the legal norms and standards
enshrined in international human rights instruments.
B. Foundation of
Modern Human
Rights
Foundation of Modern Human Rights
• Human Rights Instruments In the early twentieth century, the
protection of human rights became an issue of concern to the
international community. Under the League of Nations,
established at the end of the First World War, attempts were
made to develop an international legal framework, along with
international monitoring mechanisms, to protect minorities. The
horrors perpetrated during the Second World War motivated
the international community to ensure that such atrocities
would never be repeated and provided the impetus for the
modern movement to establish an international system of
binding human rights protection.
• The Charter of the United Nations of 1945 proclaims that one of the
purposes of the United Nations is to promote and encourage respect
for human rights and fundamental freedoms for all.
• The Universal Declaration of Human Rights, adopted by the United
Nations General Assembly in 1948, was the first step towards achieving
this objective.
• The Universal Declaration together with the International Covenant on
Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights, both adopted in 1966,
constitute what has become known as the International Bill of Human
Rights.
• Conceived as “a common standard of achievement for all peoples
and all nations”, the Universal Declaration of Human Rights has
become just that: a yardstick by which to measure the degree of
respect for, and compliance with, international human rights
standards.
• Human rights are set out as principles in the Universal Declaration
of Human Rights. A declaration is not legally binding. It lays out
principles and objectives and carries moral weight.
• A covenant, convention or treaty, unlike a declaration, has the force
of law. Those who sign the document, called the signatories, have not
only a moral obligation but a legal obligation to respect its terms.
•One of the greatest achievements of the United Nations is
the creation of a comprehensive body of human rights
legislation. For the first time in history, there exists a
universal code of human rights one to which all nations
can subscribe and to which all people can aspire.
•The broadest legally binding human rights agreements
negotiated under United Nations auspices are the
International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and
Cultural Rights.
The International Bill of Rights
• The international human rights standards are defined by a number of human
rights documents that have been adopted by member-states of the United
Nations. The main human rights documents have been known as the
international bill of rights and composed of the following:
• Universal Declaration of Human Rights (1948)
• International Covenant on Economic, Social and Cultural Rights (1966)
• International Covenant on Civil and Political Rights (1966)
• Optional Protocol to the International Covenant on Civil and Political
Rights (1966)
• Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty (1989).
There are nine core international
human rights treaties
• Each of these treaties has established a committee of experts to
monitor implementation of the treaty provisions by its States parties.
Some of the treaties are supplemented by optional protocols dealing
with specific concerns
1. International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD)
2. International Covenant on Civil and Political Rights (ICCPR)
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)
4. Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW)
5. Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT)
6. Convention on the Rights of the Child (CRC)
7. International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICRMW)
8. International Convention for the Protection of All Persons from
Enforced Disappearance (CPED)
9. Convention on the Rights of Persons with Disabilities (CRPD).
⮚There are many other universal instruments relating to
human rights. The legal status of these instruments varies:
declarations, principles, guidelines, standard rules and
recommendations have no binding legal effect,
⮚But such instruments have an undeniable moral force and
provide practical guidance to States in their conduct;
covenants, statutes, protocols and conventions are
legally-binding for those States that ratify or accede to them.
•
C. International Human Rights Regime
• United Nations Human Rights Treaty System
Through ratification of international human rights treaties,
Governments undertake to put into place domestic measures and
legislation compatible with their treaty obligations and duties. The
domestic legal system, therefore, provides the principal legal
protection of human rights guaranteed under international law. Where
domestic legal proceedings fail to address human rights abuses,
mechanisms and procedures for individual and group complaints are
available at the regional and international levels to help ensure that
international human rights standards are indeed respected,
implemented, and enforced at the local level.
Human Rights Treaty Bodies
1. The Human Rights Committee (CCPR)
2. The Committee on Economic, Social and Cultural Rights (CESCR)
3. The Committee on the Elimination of Racial Discrimination (CERD
4. The Committee on the Elimination of Discrimination Against Women
(CEDAW)
5. The Committee Against Torture (CAT)
6. The Committee on the Rights of the Child (CRC)
7. The Committee on Migrant Workers (CMW)
8. The Committee on the Rights of Persons with Disabilities (CRPD)
9. The Committee on Enforced Disappearance (CED)
⮚ Each treaty body receives secretariat support from the Human
Rights Treaties Branch of OHCHR in Geneva. CEDAW, which was
supported until 31 December 2007 by the Division for the
Advancement of Women (DAW), meets once a year in New York at
United Nations Headquarters. Similarly, the Human Rights Committee
usually holds its session in March/April in New York. The other treaty
bodies meet in Geneva, either at Palais Wilson or Palais des Nations.
Human Rights Council
- is an inter-governmental body within the United Nations system
responsible for:
1. strengthening the promotion and protection of human rights
around the globe
2. addressing situations of human rights violations
3. make recommendations on them
Human Rights Council
∙ The Council is made up of forty-seven United Nations Member
States which are elected by the United Nations General Assembly.
The Human Rights Council replaced the former United Nations
Commission on Human Rights.
∙ The Council was created by the United Nations General Assembly
on 15 March 2006 by resolution 60/251. Its first session took place
from 19 to 30 June 2006. One year later, the Council adopted its
“Institution-building package” to guide its work and set up its
procedures and mechanisms
Conditions on Rights
The Universal Declaration of Human Rights affirms that:
∙ the exercise of a person’s rights and freedoms may be subject to certain
limitations,
∙ which must be determined by law, solely for the purpose of securing due
recognition of the rights and freedoms of others and
∙ of meeting the just requirements of morality, public order and the general
welfare in a democratic society
∙ Rights may not be exercised contrary to the purposes and principles of the
United Nations, or if they are aimed at destroying any of the rights set forth in
the Declaration (arts. 29 and 30).
END OF
PRESENTATION
Prepared by: ANGEL REA MAE Y.
MARTINEZ: DDS, INSTRUCTOR I

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Theories of Civil Society- CHAPTER II INTRO TO HR ISAS60.pptx

  • 1. Theories of Civil Society Chapter I Part 2 Discussion ISAS60
  • 2. Theories of Civil Society Civil society, in all the theories, is assumed to operate in the larger context of liberal democracy, and the importance attributed to civil society relies to a large extent on how civil society contributes to the institutions and practices of liberal democracy. Although there are obviously many different definitions of liberal democracy, in both political theory and the politics of states, the term is generally used to signify, at a minimum, both a private sphere outside of the state and collective decision making to guide the state
  • 3. Liberalism Liberal theories focus on the liberty-enhancing properties of civil society. The basic premise that citizens should be able to freely choose and pursue their individual life projects is connected to the existence of a vibrant set of groups and organizations independent of the state. These associations constitute arenas in which individuals can express and pursue different interests, identities and aspirations.
  • 4. Social Capital Social capital theory is more selective than liberal theory in defining the ambit of civil society. The theory turns on popular associations with an active membership base that engage in social and civic activities, and generally excludes two categories of associations whose aims and internal structure are such that they cannot serve as incubators of citizenship. The first are actors viewed as being strictly market based: corporations, partnerships, other profit-seeking entities, and the lobbying groups that represent their interests in politics.
  • 5. Multiculturalism The central problem in multiculturalism theories is cultural, ethnic and religious diversity in contemporary societies; the response is to recognize and accommodate such groups and their associations within a broader framework of pluralism and democracy. Multiculturalism theories are aimed at a wide range of a scriptive groups and political contexts: ethnic and religious minorities such as Islam in Western societies, territorially based groups, and indigenous peoples.
  • 6. Cosmopolitanism The cosmopolitan line of argument is the only one that is directed specifically at the international realm. The historical and political context that informs the literature is the rise of associations and social movements that span the globe. These are associations and informal networks that mobilize individuals across national borders, focus on global issues, and target multiple countries and multilateral regimes in order to achieve their goals. Both long- standing organizations such as Amnesty International and the World Wildlife Fund as well as more spontaneous social movements such as the anti-globalization networks responsible for the protests at meetings of international economic organizations are representative of this phenomenon.
  • 8. A. WHAT IS HUMAN RIGHTS? Human rights are generally defined as those rights, which are inherent in our nature, and without which, we cannot live as human beings. - United Nation Human rights are supreme, inherent, and inalienable rights to life, dignity and self-development. It is the essence of these rights that makes man human. -Philippine Commission on Human Right International norms that help to protect all people everywhere from severe political, legal, and social abuses. http://plato.stanford.edu/entries/rights-human/
  • 9. HUMAN RIGHTS -Human rights have been promoted since 1946 by the United Nations as part of its mandate. But since the human rights standard setting has been continuously developing, new concepts have also been adopted by the international community and made part of human rights obligations of the states
  • 10. Human Rights Principles •Human rights are universal and inalienable; indivisible; interdependent and interrelated ❖ Basic Characteristics of Human Rights • Inherent • Fundamental • Inalienable • Imprescriptible • Indivisible • Universal • Interdependent
  • 11. Human Rights Principles They are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background. Inalienable because people’s rights can never be taken away. Indivisible and interdependent because all rights—political, civil, social, cultural and economic—are equal in importance and none can be fully enjoyed without the others. They apply to all equally, and all have the right to participate in decisions that affect their lives. They are upheld by the rule of law and strengthened through legitimate claims for duty-bearers to be accountable to international standards.
  • 12. Human Rights Principles • Universality and Inalienability: Human rights are universal and inalienable. All people everywhere in the world are entitled to them. • Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic, political or social issues, human rights are inherent to the dignity of every human person • Interdependence and Interrelatedness: Human rights are interdependent and interrelated. Each one contributes to the realization of a person’s human dignity through the satisfaction of people’s developmental, physical, psychological and spiritual needs.
  • 13. • Equality and Non-discrimination: All individuals are equal as human beings and by virtue of the inherent dignity. No one, therefore, should suffer discrimination on the basis of race, colour, ethnicity, gender, age, language, sexual orientation, religion, political or other opinion, national, social or geographical origin, disability, property, birth or other status as established by human rights standards. • Participation and Inclusion: All people have the right to participate in and access information relating to the decision- making processes that affect their lives and well-being. • Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in international human rights instruments.
  • 14. B. Foundation of Modern Human Rights
  • 15. Foundation of Modern Human Rights • Human Rights Instruments In the early twentieth century, the protection of human rights became an issue of concern to the international community. Under the League of Nations, established at the end of the First World War, attempts were made to develop an international legal framework, along with international monitoring mechanisms, to protect minorities. The horrors perpetrated during the Second World War motivated the international community to ensure that such atrocities would never be repeated and provided the impetus for the modern movement to establish an international system of binding human rights protection.
  • 16. • The Charter of the United Nations of 1945 proclaims that one of the purposes of the United Nations is to promote and encourage respect for human rights and fundamental freedoms for all. • The Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, was the first step towards achieving this objective. • The Universal Declaration together with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both adopted in 1966, constitute what has become known as the International Bill of Human Rights.
  • 17. • Conceived as “a common standard of achievement for all peoples and all nations”, the Universal Declaration of Human Rights has become just that: a yardstick by which to measure the degree of respect for, and compliance with, international human rights standards. • Human rights are set out as principles in the Universal Declaration of Human Rights. A declaration is not legally binding. It lays out principles and objectives and carries moral weight. • A covenant, convention or treaty, unlike a declaration, has the force of law. Those who sign the document, called the signatories, have not only a moral obligation but a legal obligation to respect its terms.
  • 18. •One of the greatest achievements of the United Nations is the creation of a comprehensive body of human rights legislation. For the first time in history, there exists a universal code of human rights one to which all nations can subscribe and to which all people can aspire. •The broadest legally binding human rights agreements negotiated under United Nations auspices are the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
  • 19. The International Bill of Rights • The international human rights standards are defined by a number of human rights documents that have been adopted by member-states of the United Nations. The main human rights documents have been known as the international bill of rights and composed of the following: • Universal Declaration of Human Rights (1948) • International Covenant on Economic, Social and Cultural Rights (1966) • International Covenant on Civil and Political Rights (1966) • Optional Protocol to the International Covenant on Civil and Political Rights (1966) • Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989).
  • 20. There are nine core international human rights treaties • Each of these treaties has established a committee of experts to monitor implementation of the treaty provisions by its States parties. Some of the treaties are supplemented by optional protocols dealing with specific concerns 1. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 2. International Covenant on Civil and Political Rights (ICCPR) 3. International Covenant on Economic, Social and Cultural Rights (ICESCR) 4. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
  • 21. 5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 6. Convention on the Rights of the Child (CRC) 7. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) 8. International Convention for the Protection of All Persons from Enforced Disappearance (CPED) 9. Convention on the Rights of Persons with Disabilities (CRPD).
  • 22. ⮚There are many other universal instruments relating to human rights. The legal status of these instruments varies: declarations, principles, guidelines, standard rules and recommendations have no binding legal effect, ⮚But such instruments have an undeniable moral force and provide practical guidance to States in their conduct; covenants, statutes, protocols and conventions are legally-binding for those States that ratify or accede to them. •
  • 23. C. International Human Rights Regime • United Nations Human Rights Treaty System Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under international law. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.
  • 24. Human Rights Treaty Bodies 1. The Human Rights Committee (CCPR) 2. The Committee on Economic, Social and Cultural Rights (CESCR) 3. The Committee on the Elimination of Racial Discrimination (CERD 4. The Committee on the Elimination of Discrimination Against Women (CEDAW) 5. The Committee Against Torture (CAT) 6. The Committee on the Rights of the Child (CRC) 7. The Committee on Migrant Workers (CMW) 8. The Committee on the Rights of Persons with Disabilities (CRPD) 9. The Committee on Enforced Disappearance (CED)
  • 25. ⮚ Each treaty body receives secretariat support from the Human Rights Treaties Branch of OHCHR in Geneva. CEDAW, which was supported until 31 December 2007 by the Division for the Advancement of Women (DAW), meets once a year in New York at United Nations Headquarters. Similarly, the Human Rights Committee usually holds its session in March/April in New York. The other treaty bodies meet in Geneva, either at Palais Wilson or Palais des Nations.
  • 26. Human Rights Council - is an inter-governmental body within the United Nations system responsible for: 1. strengthening the promotion and protection of human rights around the globe 2. addressing situations of human rights violations 3. make recommendations on them
  • 27. Human Rights Council ∙ The Council is made up of forty-seven United Nations Member States which are elected by the United Nations General Assembly. The Human Rights Council replaced the former United Nations Commission on Human Rights. ∙ The Council was created by the United Nations General Assembly on 15 March 2006 by resolution 60/251. Its first session took place from 19 to 30 June 2006. One year later, the Council adopted its “Institution-building package” to guide its work and set up its procedures and mechanisms
  • 28. Conditions on Rights The Universal Declaration of Human Rights affirms that: ∙ the exercise of a person’s rights and freedoms may be subject to certain limitations, ∙ which must be determined by law, solely for the purpose of securing due recognition of the rights and freedoms of others and ∙ of meeting the just requirements of morality, public order and the general welfare in a democratic society ∙ Rights may not be exercised contrary to the purposes and principles of the United Nations, or if they are aimed at destroying any of the rights set forth in the Declaration (arts. 29 and 30).
  • 29. END OF PRESENTATION Prepared by: ANGEL REA MAE Y. MARTINEZ: DDS, INSTRUCTOR I