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CHAPTER1 Sources of Human rights jurisprudence in the 3.

Equal – Every human being has the same


Philippines: set of rights as any other. Article 1 of the
INTRODUCTION
UDHR states that, “All human beings are
1. Philippine Constitution
UNGA proclaimed the commencement of the born free and equal in dignity and rights”
2. Legislative Enactments
World Programme for Human Rights Education 4. Inalienable – Human rights cannot be
3. Supreme Court rules
on JANUARY 1, 2005  CHR issued Resolution taken from or given away by any human.
4. Rulings and Orders
Nos. A2007-028 and A2007-029 urging the While its exercise may be regulated or
5. Executive Issuances
CHED and law schools to offer HR in the restricted by law, its substance cannot be
Philippines  On Dec 19, 2011, UNGA adopted CONSTRUCTION OF HUMAN RIGHTS taken away.
the UN DHR Education and Training INSTRUMENTS
Hubris Syndrome—
When a human rights law has the effect of
modifying another law without repealing the
United Commission on Human Rights (16
latter, an attempt at harmonizing them has to be June 26, 1945—Charter of UN was adopted
countries)
made.
December 10, 1948—United Nations General
•Responsible for the drafting of the Universal
CHAPTER II Assembly (UNGA) adopted the UDHR
Declaration of Human Rights (UDHR)
HUMAN RIGHTS, ITS ATTRIBUTES, ORIGIN  Hence December 10 has
AND THE THREE “GENERATIONS” been observed as
Convention on the Elimination of International Human
Human rights
Discrimination Against Women (CEDAW) Rights Day.
Preamble of UDHR- inherent dignity and  10 core human rights
•Leticia Ramos-Shahani- former diplomat treaties.
of the equal and inalienable rights of all members
and senator
of the human family.
THREE GENERATIONS OF HUMAN RIGHTS
•Chairperson of the UN Commission on
Attributes of Human Rights:
the Status of Women 1. First Generation
1. Universal – Human rights apply to all •political rights and civil liberties
•mother of CEDAW •found in ICCPR
humans, regardless of race, culture, age,
International Criminal Court sex or creed •”Negative” rights
2. Inherent – All human beings are born •”No one shall” rights
Member since November 1, 2011; Senator with these rights; these are not conferred
Miriam Defensor-Santiago was elected as judge by any authority.
of the Court.
2. Second Generation
• “Positive” rights
•enjoin States to perform an act or
do something for the enjoyment of these
rights by the people.
•economic, social, and cultural
rights found in the International
Convention on Economic, Social and
Cultural Rights (ICESCR)
•”State shall”

3. Third Generation
• Solidarity Rights
• Right to development, right of the
people to live in a clean environment,
right to live in peace

CHAPTER III
STATE RESPONSIBILITY

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