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Assignment in Comparative Human Rights Law

Session 2
Questioning Human Rights (Casiple)
Chapter Summary
Submitted by
Joselito C. Manuel

Casiple posits the thesis that human rights are not a political agenda, hence, apolitical.
Baylosis on the other hand, as Casiple points out, uses human rights to further or push (his of
the CPP-NPA‟s) political agenda. Human rights have no definite political orientation. While
Casiple admits that at times, human rights proponents often would take sides, those who
commit atrocities against human rights they oppose, and those who advance human rights
they side with. Casiple mentions that CPP or leftist groups oppose regimes with „human
rights‟ as a front intending their own political ideals to replace the power vacuum created
once regimes are toppled.
This in a way coincides with Samuel Moyn‟s perspective on looking at history to fully
understand the form human rights took at present times. Revolutions like the French or
American (civil war) struggle to oppose monarchy rule has the tinge of fighting for „human
rights‟
Casiple mentioned that human rights, being non-derogable in nature, are universal.
However its universality, meaning that it is inherent in all peoples of the world, regardless of
race, ethnicity, citizenship, color, or religion, human rights, being inherent by virtue of being
human, also needs universal acceptance of these rights by the international community.
While this the generally accepted concept of universality of human rights, Samuel Moyn
challenges this by doing the historical approach that „human rights‟ came only as a response
to the holocaust of WW2. Moyn even quoted Lafayette saying that universal and particular
rights of any people were best protected by sovereign nation states.
However, in relation to Duterte and the Left inclined groups, In the Friends or Foes
essay, it was mentioned that, while at the start of Duterte‟s political career, these leftist
groups has a bit of success in working with him, then a Mayor in Davao. National
Democratics, or NatDems, while having “principled opposition” against EJS and with
Duterte a firm proponent of drug pusher‟s EJS, both were able to work together. Social
programs, release of captives, and peace negotiations among others. His campaign promises
may lean towards the left; ending contractual labor, indiscriminate mining damaging natural
resources, as well as his álmost‟ anti-american sentiments sits well in these natdem‟s
philosophies. However, of the late War on Drugs campaign of Duterte, EJS left and right, the
dead and the disappeared mounting to thousands, has the Left, being the champion of Human
Rights, distancing themselves with Duterte. His utter disregard for due process, a key
element of human rights, renewed the war on human rights. This time, terrorism is not the
enemy of human rights, but the radical means used in the war on illegal drugs.

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