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JOSE “Pepe”DIOKNO Basics of HUMAN RIGHTS

ON HUMAN RIGHTS 1. Rights of Man


A. Right to life
a) Right to health
b) Right to own property
c) Right to form trade union and to strike
-JOSE DIOKNO d) Right to social security
Human Rights e) Right to rest and leisure
f) Right to move about freely within our country
 More than legal concepts
and to leave and return to it
 Essence of man g) Right to establish a family and to exercise the
 They are what make man human. rights of parents.
 Human Rights in the Philippines: B. Right to dignity
 “as if Filipinos exist for the a) Right to recognition everywhere as a person
economy and the state, and not b) Right to honor and reputation
the reverse.” c) Right to freedom of thought
d) Right of conscience
 “as if Filipinos were less human
e) Right of religion
than the men and women of the
f) Right of opinion and expression
West.” g) Right to seek, receive, and impart information
Government’s success: h) Right to peaceful assembly with our fellows
 Mass Media i) Right to equal treatment before the law
 Ignorance j) Right to privacy in our family, our home, and
Five Great International Documents our correspondence
k) Right to freedom from slavery, torture, and
 Universal Declaration of Human Rights
cruel, inhuman or degrading punishment, as
 International Covenant on Economic,
well as from arbitrary arrest, detention or exile
Social and Cultural Rights
l) Right to be presumed innocent of crime or
 International Covenant on Civil and
wrong
Political Rights
m) Right to fair trial, and so forth
 Declaration and Action Programme on
the Establishment of a New C. Right to develop ourselves
International Economic Order a) Right to an education
 Economic Rights and Duties of State b) Right to share in the cultural life of our
Two Great National Documents community
c) Right to form associations with our fellow
 Malolos Constitution of 1898
 Philippine Constitution of 1935 d) Right to live in a national and international
order that allows all of our rights to flower and
Basics of HUMAN RIGHTS
be respected
1. Rights of Man
2. Rights of the People
A. Right to Life
B. Right to Dignity A. Right to survive
C. Right to Develop Ourselves B.Right to self-determination
2. Rights of the People a) People’s rights to sovereign equality in
A. Right to survive international affairs and international
B. Right to self-determination organizations
C. Right to develop as a people b) People’s Right to freedom from all forms of
3. On Government only as an agent of racial discriminations
c) People’s Right to political independence and
society freedom from colonialism, neocolonialism, alien

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domination and intervention in our national RIGHTS OF THE PEOPLE
affairs  Our Survival Not in Our Hands
d) People’s Right to sovereignty over our natural  Economic Policy Decided by Aliens
resources and over all economic activities
How can we do so?
e) People’s Right to control the activities of foreign
investors and transnational corporations
Two strategies:
f) People’s Right to nationalize and expropriate 1. Convince the government to change
their assets policies
g) People’s Right to freely choose and change our 2. Change the government
political, social, and cultural and economic
How?
systems.
o As individual
C. Right to develop as a people
a) People’s Right to choose the goals and means o As a group
of development A Filipino Concept of JUSTICE
b) People’s Right to industrialize the economy
c) People’s Right to implement social and JUSTICE
economic reforms that ensure the participation
of all the people in the process and benefits of John Rawls:
development “…is the first virtue of social institutions…laws and
d) People’s Right to share in scientific and institutions no matter how efficient and well-arranged
technological advances of the world must be reformed or abolished if they are unjust.”
e) And as a former colony, People’s Right to
Social Justice:
reparation and retribution for the exploitation
How to distribute the burdens and benefits of social life.
RIGHTS OF MAN
 Rank?
1. Economic, social and cultural rights
2. Civil and political rights  Merit?
Some of man’s individual rights are absolute, others  Deeds or Needs?
are not. …yet justice must somehow be done if society is to hold
Absolute- cannot be limited in any way together…otherwise anarchy or dictatorship.

under any circumstances, not even Filipinos on JUSTICE


under the gravest of emergencies. (we can look to our language and to our history)
Limited- to preserve social life  Katarungan (from Visayan ‘tarong’)
 Karapatan (from ‘dapat’)
Conditions for the limitations:  Batas
 They must be provided by law  Kapangyarihan
 They must be necessary to preserve society,
Cham Perelman:
or protect public health, public morals, or
Justice- principle of action in accordance with
similar rights of others
which being of one and the same essential
 They must not exceed what is strictly
category must be treated in the same way
necessary to achieve their purpose.
Aristotle:
How well do human rights fare in our country?
Justice-treating equals equally and unequals
unequally but in proportion to their relevant
RIGHTS OF MAN
differences.
 Salvaging
 Poor Health
HISTORY OF OUR PEOPLE:
 Unemployment 1. First, a society which is not only
 Low Wages independent but in which the people are
 Exploitation sovereign
 Suppressing Dissent

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

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