Historical Development of Human Rights

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HISTORICAL DEVELOPMENT OF HUMAN inhabiting the territories DECEMBER 10 1948 – UN General PRESIDENT CORAZON C.

AQUINO – issued
RIGHTS colonized by the Spanish Crown. Assembly adopted the Universal Executive Order No. 27 on July 4 1986
declaration of Human Rights in Paris
Throughout much history, people acquired HUGO GROTIUS EO 27 – ordering the then Ministry of
rights and responsibilities through their  Also designated for the Human Education, Cultures and Sports to include
membership in a group – family, - One of the fathers of modern Rights Day human rights courses in the curriculums of
indigenous nation, religion, class, international law all levels of education and training in all
community, or state. 20TH CENTURY schools
JOHN LOCKE – developed a
 Most societies have had tradition comprehensive concept of natural rights  The term “human rights” replaced OCTOBER 30 1987 – President Aquino
similar to the “golden rule” of earlier expressions such as: issued Proclamation No 177 declaring 3-10
JEAN JACQUES ROUSSEAU – elaborated
“Do unto others as you would December of year as National Human
the concept under which the sovereign  Natural right – lex naturalis
have them do unto you”. Rights Week
derived his power and the citizens their  Natural law – jus naturale
The origins of human rights may be found rights from a social contract  Law of nations – jus gentium 1994 – RA 7722 put the Commission on
un both Greek philosophy and the various Higher Education in charge of supervising
FRENCH DECLARATION DES DROITS DE
religions. public and private institutions on higher
L’HOMME ET DU CITOYEN – where the
learning, including degree granting
18TH CENTURY term human rights were first appeared HUMAN RIGHTS TODAY: A GLOBAL
programs in all post-secondary educational
CONTEXT
19TH CENTURY institutions public and private
Age of Enlightenment – concept of human
right emerged as an explicit category. 1919 – countries established the
TREATY OF BERLIN OF 1878 – accorded COMMISSION ON HUMAN RIGHTS – a
International Labor Organization (ILO) to
TH special legal status to some religious constitutionally created institution under
6 CENTURY oversee treaties protecting workers with
groups the 1987 Constitution with a mandate to
respect to their rights, including health and
Achaemenid Persian Empire of ancient Iran “Establish a continuing program of
safety
– established unpreceded principles of  Also served as a model for the research, education, and information to
human rights. Minorities System that was  The essence of emerging human enhance respect for the primacy of human
subsequently established within rights principles was captures in rights.
576 OR 590-530 BC the League of Nations President Franklin Delano Roosevelt’s
1941 State of the Union Address
CYRUS THE GREAT – issued the Cyrus  The need for international standards when he spoke of a world founded on
Cylinder which declared that citizens of the on human rights was first felt at the four essential freedoms:
empire would be allowed to practice their end of the 19th century when the
religious beliefs freely and abolished industrial countries began to 1. Freedom of speech
slavery. introduce labor legislation 2. Freedom of religion
MIDDLE AGES 3. Freedom of want
BERN CONVENTION OF 1906 – prohibiting
4. Freedom of fear
night-shift work by women can be seen as
CONCEPT OF LIBERTY: Became gradually
the first multilateral convention meant to HUMAN RIGHTS IN THE PHILIPPINES
separated from statues and came to be
safeguard social rights.
seen not as privilege but as a right of all
Over the last 400 years, the Filipino people
human beings. JUNE 26 1945 – signing of the Charter of have suffered under the first 330 years of
United Nations brought human rights Spanish Colonialism and then further 45
within the sphere of international law years of American Rule
FRANCISCO DE VITORIA AND BARTOLOME
CHARTER OF UNITED NATIONS – contains 1987 Constitution – upholds the dignity of
DE LAS CASAS
a number of articles specifically referring to every human person and guarantees full
- Laid the (doctrinal) foundation human rights respect for human rights
for the recognition of freedom
1946 – United Nations Commission of  Also requires educational
and dignity of all humans by
Human Rights was established institutions to promote respect
defending the personal rights of
the indigenous peoples for human rights (Art 14, Sec 3,
1987 Constitution
for the purpose of securing them the fulfill them, but this depends on behavior which uphold human
enjoyment of their emans of happiness the availability of the resources. rights
CHAP 2: GENERAL NATURE AND 3. Action – taking action to defend
DEFINITION OF HUMAN RIGHTS POLITICAL RIGHTS – rights that enable us THIRD GENERATION SOLIDARITY RIGHTS and promote human rights
to participate in running the affairs of
HUMAN RIGHTS government either directly or indirectly - rights that go beyond mere civil
and social
- Rights inherent to all human ECONOMIC RIGHTS AND SOCIAL RIGHTS - “Green rights” THREE MAIN ELEMENTS OF HUMAN
beings, regardless of race, sex, – rights which law confers upon the people - The most debated and lacks RIGHTS EDUCATION:
nationality, ethnicity, language, to enable them to achieve social and both legal and political
religion, or any other status. economic development recognition 1. Acquisition of knowledge and
skills about human rights
- UN HUMAN RIGHTS: those rights CULTURAL RIGHTS – rights that ensure 2. Development of respectful
inherent to people and without the well-being of the individual and foster values and attitudes and
which people cannot life as true preservation, enrichment, and dynamic CHAP 3: CONCEPTS OF HUMAN RIGHTS changed behavior that reflects
human beings evolution of national culture EDUCATION human rights values and;
3. Motivation of social action and
BY UNITED NATION DECADE FOR HUMAN empowerment of active
- PCHR: supreme rights, inherent
RIGHTS EDUCATION citizenship to advance respect
and inalienable rights to life,
ACCORDING TO SOURCE:
dignity, and self-development for the rights of all
HUMAN RIGHTS – training, dissemination,
NATURAL RIGHTS – God-given rights, and information efforts aimed at the
acknowledge by everybody to be morally building of a universal culture of human
CONCEPT OF HUMAN RIGHTS: based on a
good. rights through the imparting knowledge CHAP 4; THEORIES OF HUMAN RIGHTS IN
belief that every human being is entitled to
and skills and the molding of attitude. RELATION TO HUMAN RIGHTS
enjoy his or her rights without  Unwritten but prevail as norms
discrimination EDUCATION
of the society. PREAMBLE TO THE UDHR:
CHARACTERISTICS OF HUMAN RIGHTS: THEORIES OF SOURCES OF RIGHTS:
CONSTITUTIONAL RIGHTS – rights which “Every individual and every organ of
are conferred and protected by the society to strive by teaching and education RELIGIOUS OR THE THEOLOGICAL
1. Inherent – not granted by any person
Constitution which cannot be modified or to promote respect for these rights and APPROACH
in authority. Cannot be bought,
taken away. freedoms”
earned or inherited.
- In Biblical tradition, individuals
2. Fundamental – without them, life and STATUTORY RIGHTS – rights which a4r HUMAN RIGHTS EDUCATION derive their human dignity
dignity of man would be meaningless. provided by law promulgated by the law- through God’s creation
3. Inalienable – cannot be taken away making body and consequently. - Aims to build an understanding
- Duties to others in the
4. Imprescriptible – do not prescribe and and appreciation for human community are grounded in the
cannot be lost even if man fails to use THREE CATEGORIZATIONS OF HUMAN rights through learning about covenantal relationship to a God
them RIGHTS OFFERED BY KAREL VASAK rights and learning through that has delivered a people from
5. Indivisible – cannot be denied even rights
FIRST GENERATION CIVIL AND POLITICAL slavery and oppression
when other rights are enjoyed
6. Universal – universal in application. It RIGHT MAIN GOALS OF HUMAN RIGHTS NATURAL LAW TEHORY
is enforceable without national border EDUCATION:
- liberty-oriented
7. Interdependent – fulfillment or - Accepts that law can be
- sometimes called, “blue rights” Human rights education encompasses:
exercise of one cannot be had without considered and spoken of both a
- deal initially with liberty and
the realization of the other sheer social fact of power and
participation in political life 1. Knowledge and Skills – learning
about human rights and practice, and as a set of reasons
CLASSIFICATION OF RIGHTS AND THE for action that can be and often
THIRD GENERATION SECOND GENERATION ECONOMIC, mechanism for their protection a
SOCIAL AND CULTURAL RIGHTS s well as acquiring skills to apply are sound as reasons therefore
them in daily life normative for people reasonable
ACCORDING TO ASPECT OF LIFE:
- security-oriented rights 2. Values, Attitudes, and Behavior – to addressed by them
CIVIL RIGHTS – rights which the law - referred to as “red” rights developing values and
enforce at the stance of private individuals - impose upon government the reinforcing attitudes and - MAINSTREAM: “of reason”,a s in
duty of respect and promote and “the law of reason”
of society as help for the
unemployed etc.
THE POSITIVIST THEORY
THE UTILITARIAN THEORY
- Legal Positivism: the thesis that
the existence and content of law - Core foundation of utilitarianism:
depends on social facts and not The greatest happiness principle
on its merits - States that actions are right in
- Legal Positivism: theory of law proportion as they tend to
that sees law as based on social promote happiness and wrong
facts as they tend to produce the
- Positivism based on the Latin reverse happiness
word “Positum” – meaning to - Theory: Form of
put, place or set Consequentialism: the right
- Says that they do not determine action is understood entirely in
laws or legal systems exists. terms of consequences produced
- What laws in force in that
system depends on what social THEORY OF JUSTICE
standards its officials recognize
- According to John Rawls, Justice
as authorative.
is the first virtue of social
THEORY OF MARXISM institutions as truth is of systems
of thought
- Karl Marx: legal relations and - Takes into account the
forms of the state are not globalization of human rights
grasped from the general and the need for non
development of the human mind discriminatory rules
but rather have their roots in the
material conditions of life and
the anatomy of civil society as
determined by political economy.

THE SOCIAL APPROACH

- Under the functional or


sociological theory, human rights
exist as a means of social control
- Sociological Approach lays
emphasis of obtaining a just
equilibrium of multifarious
interest among prevailing moral
sentiments and the social and
economic conditions of time and
place
- It is the PRAGMATIC PRINCIPLE,
William James advocated that
the essence of law is simply to
satisfy the needs of people
- This approach was developed in
the earl 20th century when were
demands for a variety of wants
occasioned by the development

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