BARONDA, Jose Antone R.

EH407MC August 24, 2020

1. What are the three generations of human rights? Explain the distinctive features of each and give at
least three examples under each generation.

The three generations of human rights are as follows:

a. Civil and Political Rights

These rights are said to be “classic” and are known as “liberty oriented human
rights”. They provide, protect and guarantee individual liberty to an individual against
the State and its agencies. These are intended to be immediately implemented and
precise, to facilitate judge’s interpretation. Examples are: (1) the right to life; (2) the
freedom of mind, of thought and religion; and (3) the right to property of a person or
of a legal person.

b. Economic, Social and Cultural Rights

These rights were developed in the aftermath of the World War II against the
background of growing inequalities and the changed view of the state’s role in an
industrializing world. These are known as “security oriented human rights” because
they jointly provide and guarantee the essential security in the life of an individual.
These rights require institutional support form the State and must intervene through
legislation to create an institutional system that allows to exercise. Examples are:
(1) the right to education and learning; (2) the right to work; and (3) freedom of
association.

c. Collective-developmental Rights

These rights have a positive consecration, generally in international law. It cannot

be exerted individually, but only by groups or collectivities of people. These rights
require not only the need to create an institutional support from the State, they also
need to restrict the civil and political rights, though a so-called “positive
discrimination”, in the sense that these rights require a limitation of the civil and
political rights. Examples are: (1) the right to peace; (2) the right to development;
and (3) the right to humanitarian assistance.

2. Does the so-called “three generations” of human rights in principle create a hierarchy such that one
set of rights is superior over the other sets?

No, these generations of rights are merely distinction based on evolution of time.

3. Compare and contrast human rights law and humanitarian law.

The Human Rights Law and Humanitarian Law are of two distinct but complementary bodies
of law. They are both concerned with the protection of life, health and dignity of individuals.
Humanitarian law applies in armed conflict while human rights law applies at all times, in peace and
in war.
4. Enumerate and explain briefly the characteristics of human rights under the 1993 Vienna Declaration.

The human rights under the 1993 Vienna Declaration are as follows:
a. All peoples have the right of self-determination. By virtue of that right they freely
determine their political status, and freely pursue their economic, social and cultural
development.

b. Democracy, development and respect for human rights and fundamental freedoms are
interdependent and mutually reinforcing.

c. The World Conference on Human Rights reaffirms the right to development, as

established in the Declaration on the Right to Development, as a universal and
inalienable right and an integral part of fundamental human rights.

d. The acts, methods and practices of terrorism in all its forms and manifestations as well
as linkage in some countries to drug trafficking are activities aimed at the destruction of
human rights, fundamental freedoms and democracy, threatening territorial integrity,
security of States and destabilizing legitimately constituted Governments. The
international community should take the necessary steps to enhance cooperation to
prevent and combat terrorism.

e. The human rights of women and of the girl-child are an inalienable, integral and
indivisible part of universal human rights. The full and equal participation of women in
political, civil, economic, social and cultural life, at the national, regional and international
levels, and the eradication of all forms of discrimination on grounds of sex are priority
objectives of the international community.

f. The World Conference on Human Rights urges States to ensure the full and free
participation of indigenous people in all aspects of society, in particular in matters of
concern to them.

5. Explain the concept of duty-bearers and rights holders.

Rights holders are individuals who have entitlements in relation to specific duty-bearers
while duty-bearers are actors who have a particular obligation or responsibility to respect, promote
and realize human rights and abstain from human rights violations.
As parties to human rights treaties, states have the obligation to respect, protect and fulfill
the right to education. Provision of this right should not discriminate; it is the right of each person
regardless of gender, physical or mental ability, or legal status. However, obligations and guarantees
are often not translated into concrete legislation, policies and action on the ground. Women and girls
are the rights holders. Education is a basic human right and it is the obligation of states to provide a
school environment which ensures equal access to girls and boys. The State must not only guarantee
that women and girls are safe in schools, but also to establish facilities, curricula and strategies that
adapt to their specific needs and rights, and will thus keep them in school.
6. What is your main takeaway from the video clip on “A Short History on Human Rights”? Answer must
not be over 500 words.

Rights cannot be based on the status. It does not mean to say when you have a status in
the society, you can take all the freedom. As time evolves into our day, we have seen that human
rights are violated in every part of the world. Human rights are not permanent. We all take and play
an active role making up something that we move up and forward. This is the most important decision
that we will make as a society of today.

7. What do you consider the top three most pressing human rights issues in the Philippines today?
What do you think are the challenges to the enforcement of those rights and how do you think those
challenges may be addressed? Answer must not be over 500 words.

The top three most pressing human rights issues in the Philippines today are war on drugs
initiated by the Duterte administration which resulted to the extra-judicial killings, police brutality, and
attack on the freedom of the press. The challenge today is that the administration is focusing on the
strict implementation of the crime rate which result to a massive attack on the people, and not being
a guardian of basic human rights, thus, turning back on the people. Solutions which can be
addressed to these issues are proper inquiry and the neglect of the abuse of power from the
authorities.