MIDTERM LESSON 1
HUMAN RIGHTS
TOPICS:
KINDS OF GENERATION OF HUMAN RIGHTS
PRINCIPLES OF HUMAN RIGHTS
CHARACTERISTICS OF HUMAN RIGHTS
STAGES OF HUMAN RIGHTS
PREPARED BY MJPG, RCRIM
GENERATION OF HUMAN RIGHTS
THE FIRST GENERATION IS KNOWN AS THE FIRST GENERATION OF CIVIL AND POLITICAL
RIGHTS. THE SECOND GENERATION IS KNOWN AS THE SECOND GENERATION OF ECONOMIC,
SOCIAL, AND CULTURAL RIGHTS. THE THIRD GENERATION IS KNOWN AG THE THIRD
GENERATION OF SOLIDARITY RIGHTS OR COLLECTIVE RIGHTS. KARL VAGAK’G
THREE (3) DIVISIONS FOLLOW THE FRENCH REVOLUTION'S THREE (3) GLOGANG: LIBERTY,
EQUALITY FRATERNITY.
1. THE FIRST, GENERATION OF RIGHTS GRADUALLY EVOLVED OVER CENTURIES DURING THE
LONG DEVELOPMENT OF DEMOCRATIC SOCIETY AND SERVE AS A PROTECTION OF THE
INDIVIDUALS FROM THE ARBITRARY EXERCISE OF POLICE POWER. EXAMPLES OF THESE RIGHTS
ARE THE RIGHT TO LIFE LIBERTY AND SECURITY OF PERSON; RIGHT AGAINST TORTURE; RIGHT TO
EQUAL PROTECTION AGAINST ANY DISCRIMINATION; RIGHT AGAINST ARBITRARY ARREST AND
DETENTION; RIGHT TO A FAIR AND PUBLIC HEARING BY AN INDEPENDENT AND IMPARTIAL
TRIBUNAL; RIGHT TO BE PRESUMED INNOCENT UNTIL PROVEN GUILTY; RIGHT TO PRIVACY,
FREEDOM OF OPINION AND EXPRESSION, ETC. THE FIRST GENERATION OF CIVIL AND POLITICAL
RIGHTS IS ALSO KNOWN AS THE FIRST GENERATION OF LIBERTY RIGHTS.
2. THE SECOND GENERATION OF RIGHTS STARTED TO BE RECOGNIZED WHEN
PEOPLE REALIZED THAT POSSESSION OF THE FIRST GENERATION OF LIBERTY
RIGHTS WOULD BE VALUELESS WITHOUT THE ENJOYMENT OF ECONOMIC, SOCIAL,
AND CULTURAL RIGHTS. THE EXPERIENCE OF THE THIRD WORLD COUNTRIES IN
THEIR STRUGGLE AGAINST COLONIALISM, THE INFLUENCE OF SOCIALISM AND
THE ENCYCLICALS OF THE POPES ALL CONTRIBUTED TO THE DEVELOPMENT AND
APPRECIATION OF THE ECONOMIC, SOCIAL, AND CULTURAL RIGHTS. EXAMPLES OF
THESE RIGHTS ARE THE RIGHT TO WORK, RIGHT TO SOCIAL SECURITY, RIGHT TO
FORM AND TO JOIN TRADE UNIONS; RIGHT TO EDUCATION, RIGHT TO REST AND
LEISURE, RIGHT TO HEALTH, RIGHT TO SHELTER, ETC. THE SECOND GENERATION
OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS IS ALSO KNOWN AS THE SECOND
GENERATION OF EQUALITY RIGHTS.
3. THE THIRD GENERATION OF RIGHTS IS INTENDED TO BENEFIT INDIVIDUALS,
GROUPS AND PEOPLES AND ITS REALIZATION WILL NEED GLOBAL COOPERATION
BASED ON INTERNATIONAL SOLIDARITY (ROSAS AND SCHEINIM 1999, P. 55),
EXAMPLES OF THESE RIGHTS ARE RIGHT TO PEACE, RIGHT TO DEVELOPMENT,
ENVIRONMENTAL RIGHTS, RIGHT OF SELF-DETERMINATION' RIGHT TO FOOD,
RIGHTS OF WOMEN, RIGHTS OF CHILDREN, AND RIGHT TO HUMANITARIAN
DISASTER RELIEF. THE LATEST RIGHT IS RIGHT TO WATER. THIS THIRD
GENERATION OF RIGHTS IS ALSO KNOWN AS THE THIRD GENERATION OF
SOLIDARITY RIGHTS.
PRINCIPLES OF HUMAN RIGHTS
THE THREE (3) PRINCIPLES OF HUMAN RIGHTS ARE UNIVERSALITY, INDIVISIBILITY,
AND INTERDEPENDENCE.
UNIVERSALITY MEANS THAT RIGHTS BELONG TO AND ARE TO BE ENJOYED BY
ALL HUMAN BEINGS WITHOUT DISTINCTION OF ANY KIND, SUCH AS RACE, COLOR,
SEX OR LANGUAGE, RELIGION, POLITICAL AND OTHER OPINION, NATIONAL OR
SOCIAL ORIGIN, PROPERTY, BIRTH OR OTHER STATURE. IN OTHER WORDS, HUMAN
RIGHTS BELONG TO EVERYONE WHEREVER THEY ARE BECAUSE THEY ARE HUMAN
BEINGS ENDOWED WITH DIGNITY (SARMIENTO, 1995, P. 49).
UNIVERSALITY ALSO MEANS THAT THE INTERNATIONALLY-RECOGNIZED HUMAN
RIGHTS ARE THE BASIC CORE MINIMUM TO BE OBSERVED EVERYWHERE WITHOUT
REGIONAL DIFFERENCES. THESE HUMAN RIGHTS BELONG TO EVERYONE,
EVERYWHERE, BY VIRTUE OF BEING HUMAN. NO ONE, NO GROUP, NO PLACE IN
THE WORLD SHOULD BE DENIED THE ENJOYMENT OF HUMAN RIGHTS (P. 50).
THE TWO (2) RELATED PRINCIPLES OF INDIVISIBILITY AND INTERDEPENDENCE
MEANS THAT THE FIRST GENERATION OF LIBERTY RIGHTS AND THE SECOND
GENERATION OF EQUALITY RIGHTS ARE INTER-RELATED AND ARE CO-EQUAL IN
IMPORTANCE. THEY FORM AN INDIVISIBLE WHOLE AND ONLY IF THESE RIGHTS
ARE GUARANTEED THAT AN INDIVIDUAL CAN LIVE DECENTLY AND IN DIGNITY (P.
51). THE INTERNATIONAL COMMUNITY MUST TREAT HUMAN RIGHTS IN EQUAL
MANNER, ON THE SAME FOOTING, AND WITH THE SAME EMPHASIS (P. 52).
CHARACTERISTICS OF HUMAN RIGHTS
HUMAN RIGHTS ARE INHERENT, INALIENABLE, AND UNIVERSAL.
INHERENT MEANS THAT RIGHTS ARE THE BIRTHRIGHT OF ALL HUMAN BEINGS,
EXISTING INDEPENDENTLY OF THE WILL OF EITHER AN INDIVIDÜAL HUMAN BEING
OR GROUP. THEY ARE NOT OBTAINED AND GRANTED THROUGH ANY HUMAN
ACTION OR INTERVENTION (PIECHOWIAK, 1993, P. 5). WHEN ONE IS BORN, HE
CARRIES WITH THEM THESE RIGHTS. THEY CANNOT BE SEPARATED OR DETACHED
FROM HIM.
INALIENABLE ("UNALIENABLE" ACCORDING TO AMERICA'S DECLARATION OF
INDEPENDENCE) MEANS THAT NO PERSON CAN DEPRIVE ANY PERSON THESE
RIGHTS AND NO PERSON CAN REPUDIATE THESE RIGHTS BY HIMSELF (P. 6). IT ALSO
MEANS THAT THESE RIGHTS CANNOT BE THE SUBJECT OF THE COMMERCE OF
MAN.
UNIVERSAL MEANS THAT THESE RIGHTS BELONG TO EVERY HUMAN BEING, NO
MATTER WHAT HE OR SHE IS LIKE (P. 5). BECAUSE RIGHTS ARE UNIVERSAL, ITS
PROMOTION AND PROTECTION ARE THE DUTY OF ALL STATES, REGARDLESS OF
CULTURAL, ECONOMIC OR POLITICAL SYSTEMS.
STAGES OF HUMAN RIGHTS
THE THREE (3) STAGES OF HUMAN RIGHTS ARE IDEALIZATION, POSITIVIZATION,
AND REALIZATION.
IDEALIZATION MEANS THAT NOTIONS ABOUT HUMAN RIGHTS HAVE STARTED IN
THE REALM OF IDEAS THAT REFLECT A CONSCIOUSNESS AGAINST OPPRESSION,
DEHUMANIZATION OR INADEQUATE PERFORMANCE BY THE STATE (DRZEWICKI,
1993, P. 25).
POSITIVIZATION IS THE SECOND STAGE WHERE SUPPORT FOR THE IDEAS BECAME
STRONG AND THE STAGE IS SET TO INCORPORATE THEM INTO SOME LEGAL
INSTRUMENTS, WHETHER DOMESTIC LAW OR INTERNATIONAL LAW (P. 25).
REALIZATION IS THE LAST STAGE WHERE THESE RIGHTS ARE ENJOYED BY THE
CITIZENS OF THE STATE BY THE TRANSFORMATION OF THE SOCIAL, ECONOMIC,
POLITICAL ORDER (P. 25).
END OF LESSON 1
