Human Rights are what make man human, says JOSE diokno. "As if Filipinos exist for the economy and the state, and not the reverse," he says. "Right to life, Right to health, Right to own property, Right to social security"
Human Rights are what make man human, says JOSE diokno. "As if Filipinos exist for the economy and the state, and not the reverse," he says. "Right to life, Right to health, Right to own property, Right to social security"
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Human Rights are what make man human, says JOSE diokno. "As if Filipinos exist for the economy and the state, and not the reverse," he says. "Right to life, Right to health, Right to own property, Right to social security"
Direitos autorais:
Attribution Non-Commercial (BY-NC)
Formatos disponíveis
Baixe no formato PDF, TXT ou leia online no Scribd
A. Right to life a) Right to health b) Right to own property c) Right to form trade union and to strike -JOSE DIOKNO d) Right to social security Human Rights e) Right to rest and leisure f) Right to move about freely within our country More than legal concepts and to leave and return to it Essence of man g) Right to establish a family and to exercise the They are what make man human. rights of parents. Human Rights in the Philippines: B. Right to dignity “as if Filipinos exist for the a) Right to recognition everywhere as a person economy and the state, and not b) Right to honor and reputation the reverse.” c) Right to freedom of thought d) Right of conscience “as if Filipinos were less human e) Right of religion than the men and women of the f) Right of opinion and expression West.” g) Right to seek, receive, and impart information Government’s success: h) Right to peaceful assembly with our fellows Mass Media i) Right to equal treatment before the law Ignorance j) Right to privacy in our family, our home, and Five Great International Documents our correspondence k) Right to freedom from slavery, torture, and Universal Declaration of Human Rights cruel, inhuman or degrading punishment, as International Covenant on Economic, well as from arbitrary arrest, detention or exile Social and Cultural Rights l) Right to be presumed innocent of crime or International Covenant on Civil and wrong Political Rights m) Right to fair trial, and so forth Declaration and Action Programme on the Establishment of a New C. Right to develop ourselves International Economic Order a) Right to an education Economic Rights and Duties of State b) Right to share in the cultural life of our Two Great National Documents community c) Right to form associations with our fellow Malolos Constitution of 1898 Philippine Constitution of 1935 d) Right to live in a national and international order that allows all of our rights to flower and Basics of HUMAN RIGHTS be respected 1. Rights of Man 2. Rights of the People A. Right to Life B. Right to Dignity A. Right to survive C. Right to Develop Ourselves B.Right to self-determination 2. Rights of the People a) People’s rights to sovereign equality in A. Right to survive international affairs and international B. Right to self-determination organizations C. Right to develop as a people b) People’s Right to freedom from all forms of 3. On Government only as an agent of racial discriminations c) People’s Right to political independence and society freedom from colonialism, neocolonialism, alien
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domination and intervention in our national RIGHTS OF THE PEOPLE affairs Our Survival Not in Our Hands d) People’s Right to sovereignty over our natural Economic Policy Decided by Aliens resources and over all economic activities How can we do so? e) People’s Right to control the activities of foreign investors and transnational corporations Two strategies: f) People’s Right to nationalize and expropriate 1. Convince the government to change their assets policies g) People’s Right to freely choose and change our 2. Change the government political, social, and cultural and economic How? systems. o As individual C. Right to develop as a people a) People’s Right to choose the goals and means o As a group of development A Filipino Concept of JUSTICE b) People’s Right to industrialize the economy c) People’s Right to implement social and JUSTICE economic reforms that ensure the participation of all the people in the process and benefits of John Rawls: development “…is the first virtue of social institutions…laws and d) People’s Right to share in scientific and institutions no matter how efficient and well-arranged technological advances of the world must be reformed or abolished if they are unjust.” e) And as a former colony, People’s Right to Social Justice: reparation and retribution for the exploitation How to distribute the burdens and benefits of social life. RIGHTS OF MAN Rank? 1. Economic, social and cultural rights 2. Civil and political rights Merit? Some of man’s individual rights are absolute, others Deeds or Needs? are not. …yet justice must somehow be done if society is to hold Absolute- cannot be limited in any way together…otherwise anarchy or dictatorship.
under any circumstances, not even Filipinos on JUSTICE
under the gravest of emergencies. (we can look to our language and to our history) Limited- to preserve social life Katarungan (from Visayan ‘tarong’) Karapatan (from ‘dapat’) Conditions for the limitations: Batas They must be provided by law Kapangyarihan They must be necessary to preserve society, Cham Perelman: or protect public health, public morals, or Justice- principle of action in accordance with similar rights of others which being of one and the same essential They must not exceed what is strictly category must be treated in the same way necessary to achieve their purpose. Aristotle: How well do human rights fare in our country? Justice-treating equals equally and unequals unequally but in proportion to their relevant RIGHTS OF MAN differences. Salvaging Poor Health HISTORY OF OUR PEOPLE: Unemployment 1. First, a society which is not only Low Wages independent but in which the people are Exploitation sovereign Suppressing Dissent
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2. Second, a society which respects the III. Standards we should judge the content of freedom and equal dignity of all “laws, policies and institutions that seek justice 3. Third, a society which protects workers and in the Philippines. tenants, opposes oppression, exploitation and abuse, and seeks to eliminate poverty. 4. Fourth, a society which is united in brotherhood and self-reliant Three Ways SOCIAL INJUSTICE is committed: a. By not having a system of law at all, BUT IT IS NOT ENOUGH. There is POVERTY and written or unwritten, or one so flawed INEQUALITY. that people do not know what their legal rights and duties are Laws, policies and institutions must consciously b. By not enforcing law fairly c. By enacting law that does not pursue strive, by effective means: the social values that constitute the To eradicate poverty Filipino vision of a just society. To select a means of developing and using our natural resources, our industries and our THE FILIPINO MODEL OF SOCIAL JUSTICE commerce. To change those relations and structures of I. (The Filipino model of SOCIAL JUSTICE relations between man and man, between groups, and between communities that cause or comprises the following) REQUIREMENTS for a perpetuate inequality. “SYSTEM” to work: The authority of the law maker must be Two Principles Embodied by the Standards: recognized by the majority of the people as legitimate, and the laws enacted must not 1. The principle of reparation to repair exceed the limits on the authority imposed by injustice the prevailing consensus 2. A principle of change that look forward Laws must be published or made known to the to effect the internal and external persons who are to be affected by them Laws must not be changed so often or so revolutions to attain the aspiration quickly that people cannot reasonably base (written by Jacinto) that a Filipinos’ plans on them worth, who he is, should not depend on Laws must be understandable and not what he was. contradictory. Neither principle advocates or intends to Six Types of Court Decisions abolish all inequality. IT IS NOT REALISTIC! 1. Analytic But we can change human relations and 2. Intuitive actions. 3. Aleatory INDIVIDUALITY in the Filipino psyche 4. Pusillanimous Neither principle seeks to do away with 5. Venal government or law. 6. Asinine It is through honest governments II. Standards to eliminate or, given the frailty of enforcing just laws that the principles men, to drastically reduce the last four kinds of would be translated into actual justice. judgments. It also includes standards to infuse courage, competence and integrity into lawyers…