HUMAN RIGHTS AND GENDER EQUALITY AND EQUITY

To completely understand SOCIAL JUSTICE.. you have to also understand:

HUMAN RIGHTS
• freedoms and liberties inherent or inalienable to all human beings- whatever their race,
sex, gender, social class, age, disability, religion, political affiliation, creed, or other
characteristic or background, or group membership” (United Nations)

Core Characteristics/ Principles of Human Rights:

• UNIVERSAL AND NONDISCRIMINATORY
• INALIENABLE
• INTERCONNECTED AND INDIVISIBLE

Five Major Categories of Human Rights:

• CIVIL RIGHTS
• Right to life, liberty, and personal security
• Right to be equal before the law
• Right to be protected from arbitrary arrest
• Right to due process of law
• Right to a fair trial
• Right to practice religious freedom and worship
• Right of every child to be registered and to have a name
• POLITICAL RIGHTS
• Right to speech and expression
• Right to assembly and association
• Right to vote and participate in political affairs
• ECONOMIC RIGHTS
• Right to work and fair remuneration
• Right to form trade unions and free associations
• Right to social security including social insurance
• SOCIAL RIGHTS
• Right to a family
• Right to education
• Right to health and well-being
• Right to leisure time
• Right to enjoy the widest possible protection and assistance for the family especially
for mothers and children.
• CULTURAL RIGHTS
• Right to the benefits of culture
• Right to indigenous land, rituals, and shared cultural practices
• Right to speak one’s own language

International Bill of Human Rights

• ...after World War II atrocities
• ...was created to establish an international protection of human rights
• ...League of Nations was dissolved after WWII, thus United Nations
Universal Declaration of Human Rights (UDHR)
• ...ratified on Dec. 10, 1948
• ...first document that laid down the basic civil, political, economic, social, and cultural rights

UN provided that GOVERNMENTS shall be the primary bearers in respecting, protecting, and
fulfilling human rights

HUMAN RIGHTS OBLIGATIONS OF GOVERNMENTS:

• Respect- People must not be deprived or interfered in exercising their rights
• Protect- Private actors must be prevented from violating the rights of others
• Fulfill- Positive actions must be taken in order to facilitate the enjoyment of basic human
rights

Major Human Rights Treaties:

1. Convention on the Prevention and Punishment of the Crime of Genocide (1948)-

prosecution of people who commit genocide
2. Geneva Convention I to IV (1949)- protection of wounded soldiers, prisoners of war, and
civilians during war or conflict
3. Convention and Protocol Relating to the Status of Refugeees (1951 and 1967)- right of
refugees to refuse being deported to a country where they will face persecution, right to
identity and travel documents, and freedom of movement within the host country
4. International Convention on the Elimination of All Forms of Racial Discrimination (1966)-
right to equal treatment in the legal system, freedom from apartheid and racial segregation,
and right to public education that promotes understanding and tolerance
5. Convention on the Elimination of All Forms of Discrimination Against Women (1979),
freedom from discrimination in politics, work, and education, freedom from gender role
stereotuping and prejudice, and feedom from trafficking and prostitution
6. Convention Againt Torture and Other Cruel, Inhumane, or Degrading Treatment or
Punishment (1984)- freedom from torture in all circumstances and right to compensation for
victims of torture
7. Convention of the Rights of the Child (1989)- children´s protection from physical and mental
abuse, right to free basic education, and protection from hazardous work, among many
others.
8. International Convention on the PRotection of the Rights of All Migrant Workers and
Members of their Familites (1990)- freedom from slavery or forced labor, protection from
collective expusion,a nd right to emergnency medical care
9. United Nations Framewor Convention on Climate Change (1992)- stabilse greenhouse gas
concentrations int he atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system and within a time frame that is sufficient to allow
ecosystems to adapt naturally to climate change, esure that food prduction is not
htreatened, and enable economic development to prceed in a sustainable manner
10. Convention against Transnational Organized Crime (2000)- prevention of trafficking in
persons and victims´right to medical, psychological, and material assistance
11. Convention on the Rights of Persons with Disabilities (2006)- right of persons with
disabilities to participation and inclusion, right to accessibility, and freedom from exploitation
and abuse
Restrictions, Limitations, and Suspensions of Human Rights:

Rights can be restricted, but not arbitratily. Thus, the following minimum requirements are
needed..
1. It shall be define by law
2. It must be imposed for one or more specific legitimate purposes such as protection of public
interest (national security, state of emergency, public safety, public order, protection of health
and morals, protection of the rights and freedoms of others)
3. It must be suitable and necessary (there should be a rational connection between the
measure taken and the objective pursued)
4. It must be the least intrusive measure to effectively achieve the legitimate purpose
5. It must be in accordance with the principle of proportionality (i.e. Public interest or the rights
of the individual must outweigh the harm that the measure will bring)

Human Rights Based Approah to Human Development:

It is a social justice approach in which poverty, social inequalities, predatory capitalism,

occupational injustice, and climate change injustice are addressed by anchoring the process of
human development on international human rights standards.

Assumes that human development will be achieved when human rights are respected,
protected, and fulfilled. Also, believes that a country cannot achieve sustained progress without
recognizing human rights principles.

It focuses on developing the capacities of people to:

• Understand human rights
• Analyze the causes of its non-fulfillment
• Strengthen the capacities of right-holders/citizens to make their claims
• Strengthen the capacity of duty-bearers/ government, corporations, civil society
organizations to fulfill or meet their obligations, in accordance witht he international human
rights treatises they have ratified

HRBA is best expressed in the commitment of different countries to achieving the Sustainable
Development Goals which are targeted to be accomplished by 2030. The SDG framework
addresses key systemic barriers to sustainable development such as inequality and
environmental degradation.

The 17 sustainable development goals (SDGs) to transform our world:

GOAL 1: No Poverty
GOAL 2: Zero Hunger
GOAL 3: Good Health and Well-being
GOAL 4: Quality Education
GOAL 5: Gender Equality
GOAL 6: Clean Water and Sanitation
GOAL 7: Affordable and Clean Energy
GOAL 8: Decent Work and Economic Growth
 GOAL 9: Industry, Innovation and Infrastructure
GOAL 10: Reduced Inequality
GOAL 11: Sustainable Cities and Communities
GOAL 12: Responsible Consumption and Production
GOAL 13: Climate Action
GOAL 14: Life Below Water
GOAL 15: Life on Land
GOAL 16: Peace and Justice Strong Institutions
GOAL 17: Partnerships to achieve the Goal

ACTIVITY:
Do you think death penalty can deter crime? Is death penalty compatible with HRBA to
human development? Justify your answer.

GENDER EQUALITY AND EQUITY

Women in numerous traditional Asian cutlures are expected to maintain different standards of
behavior and morality compared to their male counterparts. Public life is still considered the
domain of men, while women are expected to be subservient to their fathers, husbands,
brothers, and other men in terms of decision-making at home, at work, in the community, and in
other public spheres.

Discrimination that women experience:

• Many countries still have discriminatory laws and policies that prohibit women from equal
access to land, property, housing, and inheritance
• In some countries, women still earn less than men. Economic and social discrimination
also results to fewer and poorer life choices for women which makes them vulnerable to
human trafficking.
• Gender-based violence such as domestic violence and rape affects at least 30% of
women globally.
• Women are denied their sexual and reproductive health rights
• Human immunodeficiency virus infection (HIV) rates are rapidly increasing among women,
due in part of their economic and social vulnerability
• Worldwide, women are twice more likely to be illiterate than men

Thus, UN General Assembly created the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) in 1979.

Gender Equality
- Entails the freedom of human beings- both men and women- to develop their personal
abilities and make choices without the limitations set by gender stereotypes, rigid gender
roles, and prejudices (International Labour Office, 2007)
- Rights, responsibilities, and opportunities must not be dependent on whether a person is
born a male or a female
 - Note that gender equality is not a women´s issue
- Eg. Gender equality requires both men and women to have access to public health care.
This could be measured by looking at the proportion of men and women who are able to
avail of health care services.

Gender Equity
- It means fairness of treatment for men and women according to their respective needs
- Entails the process of impartially allocating resources, programs, and decision-making to
both males and females without any discrimination on the basis of sex
- Eg. Gender equity comes into play in terms of the specific public health services that
women and men are able to avail. Women are given more of iron and folic supplements
than men.

Sex
- refers to the biological and physiological differences between males and females that are
determined by nature
- Male, female, hermaphrodite

Gender
- Refers to the set of social norms, practices, and institutions that regulate the relations
between men and women, which vary and change across cultures and time
- Masculinity (how it is to be a man) and femininity (how it is to be a woman)

expected to relax after work, engage devotion in household chores and

in leadership positions outside home, family care, has limited mobility,
encouraged to go out with friends and
exercise their sexual freedom
President, doctor Secretary, nurse

Adventurous Home-buddy

Aggressive Shy

Strong Weak

Rough Gentle

Impatient Tolerant

Rational Emotional

Ambitious Satisfied

Authoritative Submissive

Division of gender roles and labor based on gender stereotypes determine access to
benefits and decision-making, which create an unequal distribution of wealth, power,
and prestige between men and women.
Gender Order/ Hierarchy
- System of power relations between men and women that is caused by the sociocultural
definitions of masculinity and femininity
- Agricultural Era- gender order gave power and privilege to men (patriarchy). This resulted
to the social acceptance of male domination and female subordination. This is sustained
through gender socialization.

Gender Socialization
- process in which men and women learn about their proper place in society through agents
such as the family, religion, education, culture, peers, and media
- Eg. Blue and toy soldiers for boys; and pink and dolls for girls

ACTIVITY:
What pieces of evidence show that gender inequality still exist? Give specific examples.
What personal experiences do you have in relation to gender stereotyping, gender
socialization, and division of gender roles?
What can you do to promote gender equality and equity?

Abenir, M., Alipao, F., & Urgel, E. Community Engagement, Solidarity, and Citizenship. Philippines: Diwa Learning
Systems Inc, 2017
Isabelo Panopio et.al. Sociology in our Time. 2008
Diana Kendall. Society and Culture