1st Sem

• SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW:

  ▪ The 1987 Constitution

  ▪ The International Bill of Rights

  ▪ Philosophy

  ▪ Religion
• CIVIL AND POLITICAL RIGHTS (FIRST GENERATION OF RIGHTS):

  ▪ Bill of Rights in The 1987 Constitution

  ▪ Comprehensive Agreement on Respect for Human

  ▪ Rights and International Humanitarian Law

  ▪ Universal Declaration of Human Rights

  ▪ International Covenant on Civil and

  ▪ Political Rights
• ECONOMIC, SOCIAL, AND CULTURAL RIGHTS (SECOND GENERATION OF RIGHTS) :

  ▪ Social Justice and Human Rights in the 1987 Constitution

  ▪ Universal Declaration of Human Rights

  ▪ The International Covenant on Economic, Social, and

  ▪ Cultural Rights
• SOLIDARITY/COLLECTIVE RIGHTS (THIRD GENERATION OF RIGHTS):

  ▪ Peace, Development, Environment

  ▪ Women, Children, Persons with Disabilities,

  ▪ Indigenous Peoples

  ▪ Women

  ▪ Children

  ▪ Persons with Disabilities (PWD)

  ▪ Indigenous Peoples
• REMEDIES AND PROCEDURES FOR RESPONDING TO HUMAN RIGIITS VIOLATIONS AND HUMAN RIGHTS ABUSES:

  ▪ Human Rights Violations Remedies

  ▪ Domestic Remedies

  ▪ Administrative Remedies.

  ▪ International Remedies

  ▪ The Reporting Requirement

  ▪ Investigation of Communications/Complaints.....

  ▪ The International Criminal Court

  ▪ The Public 1235 Procedure

  ▪ The Confidential 1503 Procedure

  ▪ Special Country Rapporteurs and Thematic

  ▪ Rapporteurs

  ▪ Readings
• PREVENTIVE MECHANISMS IN THE FIELD OF HUMAN RIGHTS:

  ▪ The Office of the UN high Commissioner for human Rights

  ▪ National human Rights Institutions

  ▪ Non-Governmental Organizations (NGOs)
• THE JUDICIARY, THE ACADEME, AND THE FAMILY ON BUILDING A HUMAN RIGHTS CULTURE

  ▪ Human Rights Culture

  ▪ The Judiciary

  ▪ The Academe

  ▪ The Family
• Human Rights are the aggregate of privileges, claims, benefits, entitlements, and moral guarantees that pertain to man because of his humanity.
• Chilean lawyer Jose Zalaquett wrote that human rights are regarded as a system of values or elements which are inherent to human dignity.
• In his book, "The Rights of Man" French philosopher Jean Jacques Maritain stressed why man has rights. "The human person," he said, "possesses rights because of the very fact that it is a person, a whole, Master of Itself, and of its acts, and which consequently is not merely a means to an end, but an end which must be treated as such"
• Jean Jacques Maritain - In the book of Jean Jacques Maritian entitled “The Rights of man”. He said that you are the master of yourself, so since you are the master of yourself you are responsible to your action, because you know yourself well, then that makes us human and therefore we have those rights.
• Human rights are in everybody, it is inherent you don’t need to do anything in order for you to have human rights whatever your race, sex, social status you the human rights.
• Human rights are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity.
• Human rights are generally defined as those rights which are inherent in our nature and without which, we cannot live as human beings. These rights and fundamental freedoms allow us to develop and use our human qualities, intelligence, talents and conscience, and to satisfy our spiritual and other needs. The dignity of man and human life is inviolable. From the dignity of man is derived the right of every person to free development of his personality. It's the essence of these rights that make man human.
• Name and explain some of the theories advanced as the sources of human rights.

  1. Religious or theological approach
  2. Natural Law
  3. Positivist
  4. Marxist
  5. Functional or sociological approach
  6. Utilitarian Theory
  7. Theory based on Justice
  8. Theory based on Equality and Respect
  9. Theory based on the Dignity of man
• Religious or theological approach - doctrine of a Supreme Being, the creator, the Father of all humanity. Central is the concept of the dignity of man as a consequence of human rights, and therefore the rights are universal, inalienable and cannot be denied by mortal beings (men). The rights cannot be given by others except our creator.
• Natural Law the conduct of men must always conform to the law of nature, and this theory is detached from religion. The natural characteristics of human beings are the social impulse to live peacefully and in harmony with others, and whatever conformed to the nature of men was right and just. Whatever is disturbing to social harmony is wrong and unjust. The basis of our human rights, in order for us to leave peacefully We may not violate natural law in order to leave peacefully and harmony with other persons.
• Positivist states that all rights and authority come from the state and what officials have promulgated, that rights are enjoyed if recognized and protected by legislation promulgated by the state.

  All the laws that are in natural law the congress specifically our legislators will make a law in order to protect our rights.
• Marxist emphasizes the interest of society over an individual's interest – communism The interest of all are more higher than individual interest
• Functional or sociological approach - human rights exist as a means of social control, that human rights exist to serve the social interests of society. This approach was developed in the early 20th century when there were demands for a variety of wants, as help for the unemployed, handicapped, underprivileged, minorities and other disadvantaged groups.