JOSE “Pepe”DIOKNO

ON HUMAN RIGHTS

Basics of HUMAN RIGHTS 1. Rights of Man A. Right to life
a) b) c) d) e) f) Right to health Right to own property Right to form trade union and to strike Right to social security Right to rest and leisure Right to move about freely within our country and to leave and return to it g) Right to establish a family and to exercise the rights of parents.

-JOSE DIOKNO Human Rights  More than legal concepts  Essence of man  They are what make man human.  Human Rights in the Philippines:
 “as if Filipinos exist for the economy and the state, and not the reverse.”  “as if Filipinos were less human than the men and women of the West.”

B. Right to dignity
a) b) c) d) e) f) g) h) i) j) Right to recognition everywhere as a person Right to honor and reputation Right to freedom of thought Right of conscience Right of religion Right of opinion and expression Right to seek, receive, and impart information Right to peaceful assembly with our fellows Right to equal treatment before the law Right to privacy in our family, our home, and our correspondence k) Right to freedom from slavery, torture, and cruel, inhuman or degrading punishment, as well as from arbitrary arrest, detention or exile l) Right to be presumed innocent of crime or wrong m) Right to fair trial, and so forth

Government’s success:
 
   

Mass Media Ignorance
Universal Declaration of Human Rights International Covenant on Economic, Social and Cultural Rights International Covenant on Civil and Political Rights Declaration and Action Programme on the Establishment of a New International Economic Order Economic Rights and Duties of State Malolos Constitution of 1898 Philippine Constitution of 1935

Five Great International Documents

C. Right to develop ourselves
a) Right to an education b) Right to share in the cultural life of our community c) Right to form associations with our fellow

  

Two Great National Documents

d) Right to live in a national and international
order that allows all of our rights to flower and be respected

Basics of HUMAN RIGHTS 1. Rights of Man
A. B. C. A. B. C. Right to Life Right to Dignity Right to Develop Ourselves Right to survive Right to self-determination Right to develop as a people

2. Rights of the People A. Right to survive B.Right to self-determination
a) People’s rights to sovereign equality in international affairs and international organizations b) People’s Right to freedom from all forms of racial discriminations c) People’s Right to political independence and freedom from colonialism, neocolonialism, alien

2. Rights of the People

3. On Government only as an agent of society

Salcedo. 2010

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others are not. RIGHTS OF THE PEOPLE   Our Survival Not in Our Hands Economic Policy Decided by Aliens C. and cultural and economic systems. a society which is not only independent but in which the people are sovereign Salcedo. RIGHTS OF MAN 1. public morals. First. social.to preserve social life Conditions for the limitations:   They must be provided by law They must be necessary to preserve society.principle of action in accordance with which being of one and the same essential category must be treated in the same way  How well do human rights fare in our country? RIGHTS OF MAN       Salvaging Poor Health Unemployment Low Wages Exploitation Suppressing Dissent Aristotle: Justice-treating equals equally and unequals unequally but in proportion to their relevant differences.  Rank?  Merit?  Deeds or Needs? …yet justice must somehow be done if society is to hold together…otherwise anarchy or dictatorship.” Social Justice: How to distribute the burdens and benefits of social life. Limited.cannot be limited in any way under any circumstances. 2. or similar rights of others They must not exceed what is strictly necessary to achieve their purpose. People’s Right to reparation and retribution for the exploitation How can we do so? Two strategies: 1. Filipinos on JUSTICE (we can look to our language and to our history)  Katarungan (from Visayan ‘tarong’)  Karapatan (from ‘dapat’)  Batas  Kapangyarihan Cham Perelman: Justice. or protect public health. Economic. 2010 Page 2 .domination and intervention in our national affairs d) People’s Right to sovereignty over our natural resources and over all economic activities e) People’s Right to control the activities of foreign investors and transnational corporations f) People’s Right to nationalize and expropriate their assets g) People’s Right to freely choose and change our political. Right to develop as a people a) People’s Right to choose the goals and means of development b) People’s Right to industrialize the economy c) People’s Right to implement social and economic reforms that ensure the participation of all the people in the process and benefits of development d) People’s Right to share in scientific and technological advances of the world e) And as a former colony. Convince the government to change policies 2. not even under the gravest of emergencies. Absolute. HISTORY OF OUR PEOPLE: 1. social and cultural rights Civil and political rights Some of man’s individual rights are absolute. Change the government How? o As individual o As a group A Filipino Concept of JUSTICE JUSTICE John Rawls: “…is the first virtue of social institutions…laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust.

3. Neither principle advocates or intends to abolish all inequality. written or unwritten. by effective means:   To eradicate poverty To select a means of developing and using our natural resources.  Laws. to drastically reduce the last four kinds of judgments. Fourth. THE FILIPINO MODEL OF SOCIAL JUSTICE  I. who he is. Six Types of Court Decisions 1. Asinine II. (The Filipino model of SOCIAL JUSTICE comprises the following) REQUIREMENTS for a “SYSTEM” to work:  The authority of the law maker must be recognized by the majority of the people as legitimate. given the frailty of men. Standards to eliminate or. IT IS NOT REALISTIC!  But we can change human relations and actions. and seeks to eliminate poverty. Analytic 2. or one so flawed that people do not know what their legal rights and duties are By not enforcing law fairly By enacting law that does not pursue the social values that constitute the Filipino vision of a just society. and between communities that cause or perpetuate inequality. Page 3 . 2010 Two Principles Embodied by the Standards: 1. Three Ways SOCIAL INJUSTICE is committed: BUT IT IS NOT ENOUGH. To change those relations and structures of relations between man and man. and the laws enacted must not exceed the limits on the authority imposed by the prevailing consensus  Laws must be published or made known to the persons who are to be affected by them  Laws must not be changed so often or so quickly that people cannot reasonably base plans on them  Laws must be understandable and not contradictory. The principle of reparation to repair injustice 2. should not depend on what he was.2. A principle of change that look forward to effect the internal and external revolutions to attain the aspiration (written by Jacinto) that a Filipinos’ worth. There is POVERTY and INEQUALITY. III. Standards we should judge the content of “laws. policies and institutions that seek justice in the Philippines.  It is through honest governments enforcing just laws that the principles would be translated into actual justice. a society which protects workers and tenants. c. Venal 6. INDIVIDUALITY in the Filipino psyche Neither principle seeks to do away with government or law. Second. Pusillanimous 5. between groups. our industries and our commerce. competence and integrity into lawyers… Salcedo. By not having a system of law at all. It also includes standards to infuse courage. policies and institutions must consciously strive. Aleatory 4. Intuitive 3. opposes oppression. a society which is united in brotherhood and self-reliant a. exploitation and abuse. b. a society which respects the freedom and equal dignity of all Third. 4.

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