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PREAMBLE
We, the sovereign Filipino people, imploring the
aid of Almighty God, in order to build a just and humane society, and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution
US of A PREAMBLE
We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defence, promote general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States
Likewise, the same constitution declares that sovereignty resides in the people and all government authority emanates from them (Art. II, Sec 1). It is affirmed that every Filipino citizen is an individual repository of sovereignty.
UNITED NATIONS
defines human rights as: those rights that are inherent in our nature and without which we cannot live as human beings. Human rights are freedom and entitlements inherent to all human beings.
Human rights are also defined as legal and moral entitlements that have evolved as a basis for constructing how state power is used and particularly to limit its use against the rights of the citizens
French philosopher
any human society, if it is to be wellordered and productive, must lay down as a foundation, this principle, namely, that every human being is a person, that is, his nature is endowed with intelligence and full will.
HISTORICAL DEVELOPMENTS
ARTICLE 2 OF ICCPR
provides that:
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Civil rights Political rights Economic and Social rights Cultural rights
CIVIL RIGHTS
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rights appertaining to a person by virtue of his citizenship in a State. Such term may also refer to those rights that the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means to happiness.
CIVIL RIGHTS
- They include the rights of property, freedom of contract, marriage, and equal protection of the laws.
POLITICAL RIGHTS
consist of the power to participate, directly or indirectly, in the establishment or administration of government, such as the right of citizenship, that of suffrage, the right to hold public office, and the right to petition the government for redress of grievances.
CULTURAL RIGHTS
those rights that ensure the well-being of an individual and that foster the preservation, enrichment, and dynamic evolution of national culture based on principle on unity in diversity and under a climate of free artistic and intellectual expression.
UNIVERSALITY
Human rights are universal because they are for everyone and everywhere. Universality means the internationally-recognized human rights are the basic core minimum to be observed everywhere, without regional differences.
It means that, as a minimum, all governments should adhere to and implement internationally-recognized standards of human rights.
Governments do not have the discretion to decide which rights they will observe and which they will not.
Indivisible, Inter-related and Interdependence means that civil and political rights, economic, social and cultural rights are interrelated and are co-equal.
They form an indivisible whole and only if these rights are guaranteed that an individual can live decently and in dignity.
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International Covenant on Civil and Political rights International Covenant on Economic, Social and Cultural rights International Convention on the Elimination of All Forms of Racial Discrimination International Convention on the Elimination of All Forms of Discrimination Against Women
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Convention of the Rights of the Child Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Convention on the Protection of All Migrant Workers and Members of their Families Convention on the Suppression of Trafficking of Persons and the Exploitation of Others Convention on the protection of the rights of all migrant workers and
THREE STAGES
Idealization means the notions about human rights have started in the realm of ideas that reflect a consciousness against oppression, dehumanization or inadequate performance by the State
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 or international
Realization is the last stage where these rights are enjoyed by the citizens of the State by the transformation of the social, economic, and political order
To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons claiming in an official capacity;
To ensure that any person claiming such remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by legal system of the State, and to develop to possibilities of judicial remedy;
To ensure that the competent authorities shall enforce such remedies when granted.
DOMESTIC REMEDIES:
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criminal prosecution, like torture; civil actions for damages under Article32 of the Civil Code (which is separate and independent from the civil liability that arises from criminal liability under Article 100 of the Revised Penal Code); and administrative case if the violator is a government official.
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the reporting requirement to ensure State compliance with treaty obligations; the investigation of communications (complaints) to determine breaches of treaty obligations; and the investigation and prosecution, and trial of human rights violators under the Rome Statute of the International Criminal Court.
Public debate under the 1235 Procedure, which may lead to the appointment of a Special Rapporteur, a Special Representative of the UN Secretary-General, or some other designated individual or group to investigate a situation;
The designation of a thematic Rapporteur or Working Group to consider violations anywhere relating to a specific theme, such as extra-legal killings, enforced disappearances, and torture.
A broad range of outcomes might follow the identification of a serious country situation by a government or an NGO within the framework of the 1235 Procedure. They include:
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The mere mention of a situation in the debate might embarrass a country and its national leaders, referred to as the sanction of shamming; The sanction of shamming may generate media coverage in the international community;
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An NGO may use the occasion to pressure concerned government to take up concrete steps;
The UN Commission on Human rights may issue a statement of exhortation; Call upon the concerned government to respond to all the allegations in detail and in writing
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Appoint a Special Rapporteur to visit the State and examine the situation and submit report thereof; Adopt a resolution criticizing the concerned government and calling upon the government to take specific measures; Call upon the Security Council to take up the issue, with a view to considering the adoption of sanctions or some other punitive measure.
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END