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definition
• Human rights as argued by Rebecca Wallace
(2002) is a fundamental and inalienable rights
which are essential for human life as a human
being.
• Louis Henkins (1995) claimed that human rights
shall be defined as the liberties, immunities and
benefits which, by accepted contemporary
values, all human beings should be able to claim
as right of the society in which they live
• The United Nations (UN) defines human rights
as universal and inalienable, interdependent
and indivisible, and equal and non-
discriminatory.
RIGHT AND OBLIGATIONS
• Greek philosophy
• Age of Enlightenment (18th century)
• 6th Century
• Cyrus the Great (576 or 590 BC - 530 BC)
• Margna Carta of 1215
• Middle Ages
• The Enlightenment
• American Declaration of Independence of 4 July
1776
• 18th and 19th centuries
• World War II
• The signing of the Charter of the United Nations
(UN) on 26 June 1945
• Less than two years later, the UN Commission on
Human Rights (UNCHR), established early in
1946, submitted a draft Universal Declaration of
Human Rights (UDHR) to the UN General
Assembly (UNGA).
• Since the 1950s, the UDHR has been backed
up by a large number of international
conventions. The most significant of these
conventions are the International Covenant on
Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social
and Cultural Rights (ICESCR).
Concept of humanity
• Athens and Rome had ´citizens´ who have
rights and obligations towards the community,
they did not have the idea of a common
humanity who are the members of the same
human species : thus the dichotomy between
free men and slaves.
• A different conception of humanitas
developed under Christian Theology, one
where ´all men are equally part of spiritual
humanity under God who can be saved
through God´s plan of salvation.
• This again changed in the 18th century with
the rise of the liberal political philosophy
which transferred the concept of ‘humanity’
from God to human nature.
• . Michael Ignatieff writes: Our species is one, and each
of the individuals who compose it is entitled to equal
moral consideration.
• Fukuyama argues that the differences that create our
identity are non- essential and superficial. As far as our
genetic inheritance, we are one.
• Judge Habermas, on the other hand, believes that the
common essence of humanity is found not so much in
our physical genetic inheritance but in the ´oneness or
integrity of the human nature´, which is the basis of
ethics for the entire human species
HUMAN RIGHTS IN THE PHILIPPINE
CONTEXT
• rights of Filipinos can be found in Article III of
the 1987 Philippine Constitution.
• also guided by the UN's International Bill of
Human Rights – a consolidation of 3 legal
documents including the Universal Declaration
of Human Rights (UDHR), the International
Covenant on Civil and Political Rights (ICCPR),
and the International Covenant on Economic,
Social, and Cultural Rights (ICESCR).
Salient Features of Human Rights
• As Fundamental Freedom in Political Rights
• As Democratic Rights
• As Mobility Rights
• As Right to Life, Liberty and the Security of the
Person
• As Legal Rights
• As Rights of Equality
• As Economic, Social and Cultural Rights
• As Workers’ Rights
• As Aboriginal Rights
• As Reproductive Rights
• As Protective Rights of Persons in Armed
Conflicts
• As Right of Self-determination
• As Minority Group Right
Case:
PRIMICIAS VS FUGUSO
Comparative analysis
JUSTICE