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09 Human Dignity and Rights

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Dr. Yanga’s Colleges, Inc.

College of Arts and Sciences

NATIONAL SERVICE
TRAINING PROGRAM
LESSON 9. HUMAN DIGNITY AND RIGHTS
Lesson 9.1
Concepts and Principles
of Human Rights

AT THE END OF THE LESSON, YOU ARE EXPECTED TO:

discuss the important concepts and principles of human


rights.

enumerate the characteristics of human rights

explain the philosophical and pragmatic approaches to the


study of human rights.
What are Human Rights?

Human Rights
These are the rights and entitlements integral to all
people no matter what class gender, age, race, and
ethnicity they have.

RIGHTS APPLY TO EVERYONE.


Incorporated in these is the collection of all the
individual and collective entitlements provided by
nations and international human rights conventions.

Every person, authority, and institution is duty-


bound to uphold, protect, and realize these rights
Importante ba ang
Human Rights?
UDHR

Human Rights
Human rights assure that each person will be
safeguarded from any harm that could hinder his or
her freedom and human dignity.

Many human rights regulations were influenced by


the post-war situation that motivated the Universal
Declaration of Human Rights (UDHR).

Universal Declaration of Human Rights


The UDHR contends that every person is born with entitlements like the right to be free and to be
treated fairly and with dignity. The United Nations General Assembly adopted the UDHR in
December 1948. The realization of UDHR is necessary to achieve better conditions for the world,
including letting everyone experience freedom, justice, and lasting peace.
Human rights are expressed in various treaties, in
relation to international laws and in other sources of
laws. They compel different states to act and to
protect their citizens from specific actions against
abuses to their rights.
BASIC HUMAN
RIGHTS AND
THEIR
CATEGORIES
Human rights can be classified as follows:

As modes of expression: Civil and political rights:


values, laws, and policies right to live; protection from torture and slavery;
entitlements to personal freedom and safety;
entitlement to a just trial; right to live a reserved
life and a family life; freedom to choose a
religion; freedom of expression; entitlements to
form groups and to assemble; freedom to travel;
right to vote; and right to property
Human rights can be classified as follows:

Economic, social, and cultural rights:


right to be employed and become productive; entitlement to fair wages and conditions at
work; right to organize unions; right to social security; right to a healthy life; right to
have access to education; and entitlement to participate in cultural life
Human rights can be classified as follows:

Solidarity/collective rights: Equality and non-discrimination:


right to self-determination; rights of right to be protected from
indigenous peoples; and right to discrimination
progress
BASIC
CHARACTERISTICS
OF HUMAN RIGHTS
BASIC CHARACTERISTICS OF HUMAN RIGHTS

1) Human Rights are Inherent.


- They are not granted by any person or authority.
2) Human Rights are Inalienable.
-They cannot be rightfully taken away from an
individual.
3) Human Rights are Imprescriptible.
-They cannot be lost even by a long passage of time.
4) Human Rights are Indivisible.
-They cannot be denied even when other rights have
already been enjoyed.
BASIC CHARACTERISTICS OF HUMAN RIGHTS

5) Human Rights are Interdependent. -


The exercise of one cannot be fully achieved without the
realization of the other.
6) Human Rights are Universal.
-They are available to all human beings irrespective of
their origin, status or condition, or place where they live.
7) Human Rights are Fundamental.
-Without them, the life and dignity of man will be
meaningless.
THE
PHILOSOPHICAL
AND PRAGMATIC
APPROACHES
1 Philosophical Approaches

THE NATURAL RIGHTS


THEORY
According to John Locke, human beings are
born with inalienable natural rights.
According to him, these rights are God-given
rights and can never be taken away or be given
away. Locke also stated that that fundamentals
of natural rights are life, liberty, and property. John Locke
2 Philosophical Approaches

THE LEGAL RIGHTS THEORY


The principle of the legal rights theory is that
human rights completely depend on the
recognition of states and institutions. The
theory dictates that an individual cannot claim
his or her rights if they are not recognized by
their states and institutions in the first place.
3 Philosophical Approaches

THE HISTORICAL THEORY OF


RIGHTS.
This theory states that the rights of
human beings are not created by the
state but are actually products of the
historical evolution of humans.
4 Philosophical Approaches

THE SOCIAL WELFARE THEORY


OF RIGHTS.
The theory believes that human rights are
created by the society based on the
consideration of the common welfare of
human beings. The theory also assumes that if
the society does not approve of a right, then
it will not be recognized.
5 Philosophical Approaches

THE IDEALISTIC THEORY OF


RIGHTS.
It is also known as the "Personality Rights
Theory," it suggests that human rights are the
external factors affecting the internal and real
development of an individual. This theory
treats the right to personality a supreme and
absolute right.
PRAGMATIC APPROACH
It stipulates that the context and the
institutional practices around a right are
crucial to the interpretation of the said right.
Therefore, an entitlement cannot be
clarifiedwithout explaining its context.
Ramdam mo ba ang mga
“rights” na ito?
Lesson 9.2
HUMAN RIGHTS SITUATION AND THE EFFORTS TO
PROMOTE HUMAN RIGHTS IN THE PHILIPPINES

AT THE END OF THE LESSON, YOU ARE EXPECTED TO:

analyze the current state of human rights in the Philippines.

appraise the initiatives of the Philippines to promote human


rights.

recommend simple ways by which human rights of Filipinos


can be upheld at all times.
ON
THE WAR ON DRUGS
Former President Rodrigo Roa Duterte, who took oath in
2018 spearheaded the rigorous anti-illegal drug
campaign, which is commonly called the war on drugs.
As part of this campaign, the President swore to
eliminate the persisting drug problem in the country. It
was estimated that in 2016 alone around 6,600 drug
suspects were killed due to Duterte's war on drugs as
reported by the Philippine National Police (Bueza, 2016).

Duterte offered a reward/bounty to those who turn in


people related to drug use, dead or alive." With this
premise, the police forces especially acted and
spearheaded the campaign as major forces behind the
war on drugs (Amnesty International UK, 2020).
Recent Events
Involving Human
Rights in the
Philippines
Extrajudicial Killing (EJK)

Extrajudicial killing is the act of slaying


individuals committed by state actors without
appropriate legal process (Republic Act No.
11188).

As the Duterte administration’s war on drugs


started, bodies of people reportedly involved
in drugs have been documented.
The Kian Lloyd Delos Santos Case

Seventeen-year-old Kian Lloyd delos Santos


was shot and killed during the OPLAN Galugad
that took place on the night of August 16, 2017 in
Caloocan City.

The victim allegedly “fought back at the police


and shot a gun against them” when
confronted
by the police.

“Tama na po! May test pa ako bukas!”


The Martial Law in Mindanao

On May 23, 2017, Former President


Duterte was compelled to declare martial
law in Mindanao due to the rising
conflicts in Marawi between the Armed
Forces of the Philippines and a terrorist
group.
Untimely Release of Drug Lords
A matrix was previously released, and certain
individuals were identified to be the “big guns”
involved in the drug trafficking in the country.

Despite Kerwin Espinosa’s confession as a drug


lord, the court dismissed his charges together
with Peter Lim due to lack of evidence (Punay,
2018).

The President was infamously remembered


stating, "Commit suicide rather than
surrender." This sparked conspiracy theories
saying that the President was actually doing
this to attempt to cover up his "buddy" from
the public eye (Talabong, 2019).
PRESIDENT DUTERTE
THREATENING TO LEAVE UN

As the United Nations grew wary of


the “War on Drugs,” it repeatedly
tried to condemn the endeavor as
a violation of human rights.

President Duterte then threatened


to “separate” from the UN and to
form alliance with China and some
African Nations.
OPLAN TOKHANG

This was part of the war on drugs,


famously known as an operation where
police would knock on the doors
(KATOK) of alleged users and ask them
to surrender (HANGYO)

One of the President’s mandates for


the police is if the suspect “fights
back,” they are free to gun down that
alleged suspect.

*Hangyo = to plead
THE HUMAN SHIELD CASE

A three-year-old was in her home


during the anti-drug operation in
Rizal. The police stated that the
suspect used the child as a human
shield against them.

The casualties were the lives of one


police, the suspect, and the child.
Human Rights
Initiatives of Different
Government
COMMISSION ON HUMAN RIGHTS (CHR)

Among the tangible human rights initiatives of


the Philippines is the formation of the CHR.
This is an independent office to realize the
State policy that the country needs to
prioritize the dignity of individuals and to
ensure full respect of human rights.

One of our state policies is to give value to the


dignity of every human person and to
guarantee full respect for human rights. This is
enshrined in our fundamental law of the land.
COMMISSION ON HUMAN RIGHTS (CHR)
The following are CHR's powers and functions:
(1) independently investigate human rights violations;
(2) formulate and promulgate its own operational guideline, reprimand anyone
who violates the said guidelines in according with the rule of law,
(3) provide legal and preventive measures for people to enjoy their human rights;
(4) visit people who are incarcerated, jailed, or detained;
(5) research and educate about human rights;
(6) recommend or support policies related to human rights;
(7) monitor the state's compliance with standards of international human rights,
(8) protect witnesses related to human rights investigation or caseg;
(9) invite assistance of any government office;
(10) assign its officers and employees;
(11) perform other duties related to human rights
DEPARTMENT OF JUSTICE (DOJ)
Philippines is a signatory to the UDHR, one of
its government agencies that is focused on
upholding human rights is the DOJ.

This agency is the government's legal counsel


and supervises the criminal justice system,
acts as the arbiter on cases and disputes, and
provides free legal services to the marginalized
sectors. It executes programs on witness
protection, human trafficking prevention,
rape victim support and safeguarding, child
pornography prevention, and other activities
related to human rights (DOJ, 2020a).
DEPARTMENT OF LABOR AND
EMPLOYMENT (DOLE)

DOLE is tasked to protect the well-being of


Filipino workers here and abroad.

It formulates policies and plans and implements


programs depending on the socio-political
and economic situations of the times.
THE INTERNATIONAL LABOR
ORGANIZATION (ILO).

This is a three-party organization* that initially


worked with the Philippines in 1994.

It is known for endorsing the Workman's


Compensation (Accidents) Convention 17 based
on Act. No. 1874, which expands the duties of
employers related to personal injuries and
deaths obtained by employees at the
workplace (ILO, 2010).

*workers, employers and governments


THE JUDICIARY.

The Judiciary of the Philippines has also


instituted plenty of judicial reforms to protect
human rights in the country.

Some of the important reforms it has


implemented are speedy trial; more efficient and
responsive justice system; docket decongestion;
review of judicial systems and procedures;
collaboration with society; increased access to
justice for the poor; improvement of free legal
services; and enhancement of the integrity and
competence of judges, court personnel, and all
other officers of the court.
JAIL REFORMS
JAIL REFORMS

Because the welfare of political prisoners and other


individuals is one of the concerns of human rights,
jail reform is one of the country’s priority
programs.

The BJMP and BuCor mentioned that the prisons


in the country are 500% overcrowded.
JAIL REFORMS
Relative to these concerns, Jones and Narag (2019) recommended a number of jail
reforms in the country:
1. The government should recognize the systemic and deep corruption in the
Philippine prisons, which cannot be fixed by short-term or band-aid solutions.
2. There is a necessity for upgrades in the prison and jail facilities, especially in
increasing the number of buildings and cells.
3. The ratio between inmates and guards should decrease by adding more staff or
guards in the existing prisons. Prison staff should be adequately remunerated to
prevent corruption.
4. Food, nutrition, and medical support for inmates must be enhanced.
5. Stricter ethical standards and enforcement of reforms against corruption must
be implemented.
VISION 2040
VISION 2040
Aside from preventing violations, another key
concern of human rights is the welfare and well-
being of the citizens. The Philippines initiated Vision
2040 with the aim of letting people enjoy equal
prosperity and live in a just and fair society. Vision
2040 serves as the overarching framework of
progress in which the criminal justice system must
be in sync.

Vision 2040 is a statement democratically


formulated to encapsulate the Filipinos'
aspirations in the next 25 years. It reflects the
people's goals for themselves, their families, their
communities, and the nation as a whole. (NEDA,
2017)
LESSON 9 ACTIVITY

ON YOUR BOOK
Answer page 117, VISION 2040, 1-3.
You may answer the questions in three to five sentences.
Dr. Yanga’s Colleges, Inc.
College of Arts and Sciences

NATIONAL SERVICE
TRAINING PROGRAM
LESSON 9. HUMAN DIGNITY AND RIGHTS

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