Human Rights

Friday
By: Kio Paulo San Andres

1. What do you understand about Human Rights?

Human Rights:
Those rights, which are inherent in our nature, and without which, we cannot live as human
beings.

Allow us to develop and use our human qualities, intelligence, talents and conscience,
and to satisfy our spiritual and other needs.
Supreme, inherent, and inalienable rights to life, dignity, and self-development.
The essence of these rights makes man human.

2. Sources of Human Rights

Religious/Theological Approach
o A basis of human rights theory stemming from a law higher than the state and
whose source is the Supreme Being.
 Human rights are not concessions granted by human institutions or states,
or any international organization as they are God-given rights.
o Central to the doctrines of all religions is the concept of dignity of man as a
consequence of human rights.
o The divine source gives human beings a high value of worth.
o The belief of a universal common creation means a common humanity and
consequently universal, basic and fundamental rights. And since rights come from
a divine source, they are inalienable and cannot be denied by mortal beings.
o Criticism: Some religions impose so many restrictions on individual freedom; some
religions even tolerate slavery, discrimination against women, and imposition of
the death penalty
1. Natural Law Theory
o Originated from the Stoics and elaborated by Greek philosophers and later by
ancient Roman law jurists.
o Perceives that the conduct of men must always conform to the law of nature.
o Natural law embodies those elementary principles of justice which were right
reason, i.e., in accordance with nature, unalterable, eternal.
o Philosophers:
 Thomas Aquinas – considered natural law as the law of right reason in
accordance with the law of God, commonly known as the scholastic natural
law
  Hugo Grotius – the natural characteristics of human beings are the social
impulse to live peacefully and in harmony with others whatever conformed
to the nature of men as natural human beings was right and just; whatever
is disturbing to social harmony is wrong and unjust
 John Locke – envisioned human beings in a state of nature, where they
enjoyed life, liberty and property which are deemed natural rights
o Became the basis of the natural rights of man against oppressive rulers
o Nuremberg Trials – rationale for finding the Nazis guilty: the crimes committed
were offenses against humanity and there is no need of a law penalizing the acts
2. Positivist Theory/Legal Positivism
o All rights and authority come from the state and what officials have promulgated.
o The only law is what is commanded by the sovereign.
o The source of human rights is to be found only in the enactment of a law with
sanctions attached.
o A right is enjoyed only if it is recognized and protected by legislation promulgated
by the state.
3. Historical Theory
o Advocates that human rights are not deliberate creation or the effort of man but
they have already existed through the common consciousness of the people of
what is right and just.
o Human rights exist through gradual, spontaneous and evolutionary process
without any arbitrary will of any authority.
4. Theory of Marxism
o Emphasizes the interest of society over an individual man’s interest. Individual
freedom is recognized only after the interest of society is served.
o Concerned with economic and social rights over civil or political rights of
community.
o Referred to as “parental” with the political body providing the guidance in value
choice. But the true choice is the government set by the state
5. Functional/Sociological Approach
o Human rights exist as a means of social control, to serve the social interests of
society.
o Lays emphasis of obtaining a just equilibrium of multifarious interests among
prevailing moral sentiments and the social and economic conditions of the time
and place.
6. Utilitarian Theory
o Seeks to define the notion of rights in terms of tendencies to promote specified
ends such as common good.
o Every human decision was motivated by some calculation of pleasure and pain.
The goal is to promote the greatest happiness of the greatest number.
o Everyone is counted equally, but not treated equally.
o Requires the government to maximize the total net sum of citizens.
o An individual cannot be more important than the entire group. A man cannot simply
live alone in disregard of his impulse to society.
 o The composite society of which the individual is a unit has on its own wants, claims
and demands. An act is good only when it takes into consideration the interests of
the society and tends to augment the happiness of the entire community.
7. Theory Based on Dignity of Man/Policy Science Approach
o Human rights means sharing values of all identified policies upon which human
rights depend on.
o The most important values are respect, power, knowledge, health, and security.
o The ultimate goal of this theory is a world community where there is democratic
sharing and distribution of values.
o All available resources are utilized to the maximum and the protection of human
dignity is recognized.
8. Theories of Justice
o Each person possesses inviolability founded on justice.
o The rights secured for justice are not subject to political bargaining or to social
interests.
o Each person has equal rights to the whole system of liberties. There is no justice
in a community where there are social and economic inequalities.
o The general conception of justice is one of fairness and those social primary goods
such as opportunity, income and wealth and self-respect are to be distributed
equally.
9. Theory Based on Equality and Respect of Human Dignity
o The recognition of individual rights in the enjoyment of the basic freedoms such as
freedom of speech, religion, assembly, fair trial and access to courts.
o Governments must treat all their citizens equally. For this purpose, the government
must intervene in order to advance general welfare.

3. Rights of Equality
a. Also known as the right against discrimination
b. Everyone is equal before the law and is entitled to equal protection or the equal
benefit of the law
i. Protection against discrimination on the grounds of sex, race, religion,
ethnic origin, age, marital status, and political and social condition

4. How did the violation of Human Rights originated?

History
 Human rights were asserted by the citizens against tyrannical governments. They arose
from the struggle of man against injustices of despotic rulers.

5. The atrocities committed on masses of people during World War II have convinced
international jurists that the protection of human rights should be an international concern.
6. Human Rights is characterized as inherent, why?
Human Rights is Inherent. It is not granted by any person. (right to life and right to dignity as a
human being)
7. Human Rights is characterized as Fundamental
Fundamental – life without it would be meaningless. (freedom of thought and religion)
8. Human Rights is characterized as Inalienable
Inalienable – cannot be rightfully taken away as an individual.
9. Human Rights is characterized as Imprescriptible
cannot be lost thru passage of time. (freedom of thought)
10. Human Rights is characterized as Indivisible
Incapable of division and cannot be denied though availed.
11. Human Rights is characterized as Universal
Irrespective of their origin, status or condition or place where they live.
12. Human Rights is characterized as Interdependent
fulfillment cannot be materialized without the realization of another.
13. Second generation – covers social, economic and cultural rights which originated from the socialist
tradition and conceives HR in positive terms.
14. Third generation – covers collective rights.