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Peewai Panganiban 1-S

HUMAN RIGHTS
“PREVENTIVE MECHANISM IN THE FIELD OF HUMAN RIGHTS”
The preventive mechanisms are as follows:
 Monitoring
 Investigative
 Administrative
 Judicial
The purposes of such mechanism are as follows:
 To combat human rights violation
 To put an end the practice of impunity must be coupled with and supported by
proactive and preventive arrangements and processes designed to develop a
healthy awareness and respect for the indivisibility and interdependence of human
rights.
Who plays important role in proactive and preventive response to human rights
violations?
 The Office of the UN High Commissioner for Human Rights
 National Human Rights Institution
 Non-Governmental Organizations or NGO’s
Responsibilities given to the Office of the UN Commissioner for Human Rights
 Promoting and protecting the effective enjoyment by all of all civil, cultural,
economic, political and social rights.
 Carrying out the tasks assigned to him/her by the competent bodies of the UN
system in the field of human rights and submitting recommendations to them,
with a view to improving the promotion and protection of all human rights
 Promoting and protecting the realization of the right to develop.
 Providing, through the appropriate mechanisms and institutions, advisory services
and technical and financial assistance, at the request of the State concerned.
 Coordinating relevant UN education and public information programs in the field
of human rights;
 Playing an active role in removing current obstacles and in meeting the challenges
to the full realization of all human rights and in preventing the continuation of
human rights violations throughout the world;
 Engaging in a dialogue with governments in the implementation of his/her
mandate, with a view to securing respect for all human rights;
 Enhancing international cooperation for the promotion and protection of human
rights;
 Coordination of the Human Rights promotion and protection activities throughout
the United Nations system;
 Naturalization, adaptation, strengthening and streamlining of the UN machinery
in the field of human rights to improve it’s efficiency and effectiveness;
 Overall supervision of the Office of the High Commissioner.

Standards in accordance with “Paris Principles” given to the National Human


Rights Institution
 Independence
Peewai Panganiban 1-S
HUMAN RIGHTS
 Broad Human Rights Mandate
 Adequate Funding
 An inclusive and transparent selection and appointment process
In terms of activities, the principles call for National Institution to promote and ensure
the harmonization of NATIONAL LEGISLATION, REGULATION AND PRACTICES
with INTERNATIONAL HUMAN RIGHTS instruments.

Capacities of the NGO’S as “bona fide” associations of citizens is:


 To promote the public interest with Identifiable leadership, membership and
structure
They are considered as civil society who has been in the forefront of the fight for liberty,
pillar of democracy, the conscience of the government and the overseer of governmental
actions.

“Developing a human rights culture by making people aware of their rights, of their
responsibility not to violate the rights of others, and of the possibilities of redness
including supporting individuals in bringing cases, whether with the national system, or
under regional or international procedures.” (Brett, 1997, p. 399)

“THE JUDICIARY, THE ACADEME, AND THE FAMILY ON BUILDING A


HUMAN RIGHTS CULTURE”
Human Rights Culture
 Shared communitarian belief in the inherent dignity and of the equal and
inalienable rights of all members of the human family.
 Shared consensus that the dignity and worth of every human person can be upheld
and honored if the State and non State actors undertake efforts and initiatives to
uphold and honor human rights.
Who are the key players in the development of Human Rights Culture?
 The Judiciary
 The Academe
 The Family
The Judiciary
 A potent agent to overcome marginalization, impoverishment, discrimination and
inequality.
 It has the power to promulgate rules concerning the protection and enforcement of
human rights
 It can eliminate injustice of various stripes.
 It can educate and enlighten the members of the bar, litigants, the law students
and the public about the majesty and efficiency of human rights.
The Academe
 Education, research and externships are the keys of the Academe to develop the
Human Rights Culture.
The Family
 “Values are Caught not Taught”
 The learning of a child starts at home.
Peewai Panganiban 1-S
HUMAN RIGHTS
“Writ that should be included in the new proposed Constitution”

The new proposed Constitution is the Federal Republic of the Philippines. If I

were to include any writ in the new constitution, it would be difficult for me to answer

that. The proposed constitution is not yet clear to the people of the Philippines when it

comes to the execution, effects, funds and many more. Also, there is no study yet if our

country is now prepared for the changes in the constitution. If I were to ask, I agree that

Federalism benefited the US in so many ways. However, there are still Federal countries

that are not yet progressive which is the total opposite of what happened to the United

States. Also we have so many issues to be resolved first in order to execute it well.

Example the corruption issue, Federalism can be used in a negative way in the hands of

those politicians who are working in our country for their own benefit. Therefore, I do

not have the valid basis to suggest any writ to be included in the Constitution for having

no sufficient knowledge regarding the whole execution of the new proposed Constitution.

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