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WHY HR CLASS?
*To promote a CULTURE OF ADVOCACY
*EDUCATION: school, associations, communication, global friendships
*INCULTURATION: hopes to create a culture of respect and freedom
where man is FREE To think and to choose and to find for himself = for the
COMMON GOOD
*UDHR: will only awaken our SPIRIT OF INVOLVEMENT, which starts from
WITHIN, Therefore, respect for HR becomes the NORM.
*CREATING A CULTURE OF HR AND ETHICS: IF AND WHEN HR
becomes a talking point in every subject
HR as COMMON DENOMINATOR
*to begin dialogue with people
*Its what is in the HEARTS AND MINDS OF PEOPLE
patch loopholes in our laws; e.g. in Briones v. Miguel, the illegitimate child
is only related to the mother even if the father recognises him. Under PH
laws, parental authority lies with the mother; how if he chooses the father?
What are the rights of the child? We do not have law on this, only
jurisprudence. Under the law, the right of the father toward an illegitimate
child is only to VISIT because parental authority (PA) is with the mother. In
Briones, both parents worked in Japan, they fell in love, had a child, man
deported back to PH, then also the woman, but mother went back to Japan
and married a Japanese. SC: the fathers right is only to visit because PA is
with the mother.
*How about Private International Law issues?
the renvoir doctrine. Japan has 3 kinds of divorce: judicial, agreement of
Ps, decision of one.
3 issues of Japayukis: vulnerability, right to life, livelihood. Like human
trafficking, the REAL ISSUES are POVERTY and VULNERABILITY.
*it evolves? His example is Marriage, which now evolved to include samesex unions?
US v. Windsor [cf. dissenting opinion of J. Alito, well-written]
*CONCEPT: elusive, hardly defined, vague?
cultural differences: Americans v. Filipinos (the latter do not look straight
in the eye which may mean insincerity for the former)
on women: Iraqis v. Filipinos (genital mutilation; Pakistani women
considered as property of husbands; not a person but a thing)
SOURCES OF HR
1. UDHR
2. Constitutional provisions
3. World/Country Report on HR
4. local decisions
5. international decisions
EXAMPLES
*Affirmative Action (AA)
rationale: because the minority cannot compete with the majority
favour the minorities in education, e.g., Blacks to be given more access
to education v. Each to be treated according to MERIT
but isnt AA discrimination against/for a person? REVERSE
DISCRIMINATION (for a person)
*Vergara v. Sate of California
questioned the SECURITY of TENURE (a license to LAZINESS:
detrimental to students)
Security of Tenure is tied to Right to Life
accdg to the state of CA: security of tenure does not really work for HR:
one loses interest in working harder because of ones security of tenure
*DAP case
line between Executive and Legislative branches
leverage: good faith?
problem: APPOINTING PoWER lodged in the Executive (within 90D from
submission of list)
cylinder.
27 BC Rome. Natural Law: people follow it even if they are not told to
1215 AD. England. Magna Carta. No one can overrule rights of people,
not even the king
1776 AD. American Independence. All men are created equal.
1789 AD. French revolution. Changed NL to Natural Rights.
1915 AD. Mahatma Gandhi. In face of violence, he insisted that all
people have rights, not just in Europe
Then WWI and WWII: 19M people died [Hitler et al]
1945: United Nations. Basic purpose: to reaffirm faith in the fundamental
HR and in the dignity and worth of the human person
1948: The Universal Declaration of Human Rights. NR became Human
Rights. under the supervision of Eleanor Roosevelt; apply absolutely to
everyone
UN UDHRS DEFECT?
PROBLEM: the UDHR did NOT HAVE THE FORCE OF LAW when signed.
It was OPTIONAL; hence, no more than words on the page. Who will make
them a reality? Eg Dr. Martin Luther King (racial equality), Nelson Mandela
(social justice), now against torture, etc.
*CLINCHER: According to Roosevelt: where they begin is in the small
places close to homein the world of the individual person: at home,
school, factory where one works. Equal justice, equal opportunity, etc:
unless these rights have meaning there, they have little meaning anywhere.
INTERVIEW WITH AMBASSADOR MARY ANN GLENDON [Harvard Law
professor]
*On the UDHR: it was kind of a miracle: drafted by 18 people whose
countries were in serious conflict were with one another
started with convoking a group of philosophers from all over the world, to
discuss the philosophical foundations (1946)
*CONSENSUS in the midst of diversity
there are some things that are so good that no one would dissent from
them
and there are some things that are so ATROCIOUS that everybody
would condemn them
*HOW TO CHARACTERIZE THE NATURE OF THE DOCUMENT
it is impressively MULTICULTURAL but IMPERFECTLY
HR is a developing country
relate to two functions of government: ministrant (may or may not) and
constituent (must). Under the 1933 Constitution, education was NOT a
right, only a privilege (ministrant); 1973C: Marcoseducation became a
constituent function (only RIGHT to education); 1987C: also a right but
given more EMPHASIS as a right to QUALITY EDUCATION.
2. Right to work
HR VIOLATIONS
*Human trafficking (HT)
we are in TIER 2 on HT [tier 3 is the worse where government is also a
partner, e.g., Middle Eastno law to protect humans workers] [tier 2 means
trying hard but wanting] [tier 1: no more human slavery or sex workers; but
in Holland/Netherlands, prostitution is legal]
SIMPLIFIED VERSION OF HR
Article 1
Right to Equality
Article 2
Freedom from Discrimination
Article 3
Right to Life, Liberty, Personal Security
Article 4
Freedom from Slavery
Article 5
Freedom from Torture and Degrading Treatment
Article 6
Right to Recognition as a Person before the Law
Article 7
Right to Equality before the Law
Article 8
Right to Remedy by Competent Tribunal
Article 9
Freedom from Arbitrary Arrest and Exile
Article 10
Right to Fair Public Hearing
Article 11
Right to be Considered Innocent until Proven Guilty
Article 12
Freedom from Interference with Privacy, Family, Home and
Correspondence
Article 13
Right to Free Movement in and out of the Country
Article 14
Right to Asylum in other Countries from Persecution
Article 15
Right to a Nationality and the Freedom to Change It
Article 16
Right to Marriage and Family
Article 17
Right to Own Property
Article 18
Freedom of Belief and Religion
Article 19
Freedom of Opinion and Information
Article 20
Right of Peaceful Assembly and Association
Article 21
Right to Participate in Government and in Free Elections
Article 22
Right to Social Security
Article 23
Right to Desirable Work and to Join Trade Unions
Article 24
Right to Rest and Leisure
Article 25
Right to Adequate Living Standard
Article 26
Right to Education
Article 27
Right to Participate in the Cultural Life of the Community
Article 28
Right to a Social Order that Articulates this Document
Article 29
Community Duties Essential to Free and Full Development
Article 30
DEMOCRACY AND HR
EDUCATION: A PRE-CONDITION TO A SUCCESSFUL DEMOCRACY
*to produce an ENLIGHTENED CITIZENRY; otherwise, it becomes a
MEANS TO ENSLAVE PEOPLE
*Glendon: EDUCATION is important for HR [see more notes on Glendon
below]
KEITH EWING [key points of his article]
1. Independence of the Judiciary
2. Judicial advocacy and activitism v. stare decisis
*judicial advocacy: when SC becomes an advocate and not just an activist
*Fear of judges: being charged with gross ignorance of the law
*His essay is like a JUMPING SALAD
TWO EXPECTATIONS OF A LAWYER
1. What do lawyers do as HR advocates?
expectation of HR lawyers of the society they represent
*EWING: lawyers are supposed to be ADVOCATES, that
a) they know the/ir rights
b) they determine the application of these rights as analysed by
Jurisprudence
*EWING: lawyers are supposed to be IMPLEMENTORS and
CARETAKERS OF SOCIETY, that
a) they know the standard
b) and how the standard is fulfilled and implemented in society
*eg, UDHR standard = the ONLY standard that counts
2. Conflict between democracy and HR; and HR and judges
*democracy and HR: standard for HR: UDHR
but what would be done if the majority will define things contrary to
UDHR? (is the majority right?; are their decisions in accord with HR; e.g.
Noy2 representing democracy to HR or minority?
*HR and judges: definition of judges on HR
PEOPLE EMPOWERMENT AND HUMAN RIGHTS
Judge Aguinaldo
KEYWORDS/IDEAS
*Meaningful participation
free and informed decision
*Democracy is a USELESS political ideology UNLESS and UNTIL it is
associated with EMPOWERMENT
only a political ideology that can promote, protect and enhance HR
*Empowerment is not to give people power (which they already have) but
to LET THIS POWER OUT: overcome obstacles in life and work
*Lack of enabling environment resulting in a continued marginalisation of
people
e.g. traffic
*Plus political culture of dependence and charity (people lose selfconfidence)
*Politics becomes a profession, not a SERVICE
*lawyering profession depends on the miseries of people?
*GOVERNMENT BY THE PEOPLE, OF THE PEOPLE, FOR THE PEOPLE
*US is spiritual but not religious
EMPOWERMENT
*making a person a CONTRIBUTOR thereby giving him POWER or make
him powerful
ANUP SHAH: Democracy EMPOWERS
*PROCESS by which individuals, groups would be able to have FULL
ACCESS to personal or collective POWERS and to employ that strength
1. the GIVING or DELEGATION of POWER OR AUTHORITY;
AUTHORIZATION
2. the giving of an ABILITY; ENABLEMENT or PERMISSION
3. (Government, Politics & Diplomacy) a policy of PROVIDING special
OPPORTUNITIES in employment, training, etc., example : for
unrepresented MINORITIES, MARGINALIZED and other disadvantaged in
the mainstream society.
*How to make every Filipino a PARTICIPANT in the political system.
6. POLITICAL PARTICIPATION
*politics of kinship, personal relations, wealth, coercion and unholy
alliances
*14th Congress (2007-2010)
75 % members come from political dynasties, May 2013 election
percentage is higher no political dynasty law despite 1987 Constitutional
Provision
172 political dynasties (legitimate and illegitimate relations) control 78 of
80 provinces, they have private armies, breeding grounds of corruption,
violence and ineptitude, motivations pork barrel
Politics is a profession. Corruption Perception Index by Transparency
International
2008 141th in 180 countries
2009 139th in 176 countries
2010 134th in 178 countries
2011 129th in 178 countries
2012 105th in 176 countries
*Party-list groups don't have to be marginalized, Supreme Court says.
(Yahoo.Ph News April 5, 2013)
The party list is provided in the 1973 Constitution to represent
marginalized sector in Philippine society like the farmers, indigenous
communities, urban poor, which cannot compete in expensive elections.
Brillantes said via Twitter late Friday that the Supreme Court decision
"effectively deprives the poor and marginalized of opportunity to have
representation in Congress. "Under the new parameters, small and
marginalized groups will now have to compete with moneyed and wellconnected pol parties and groups," he added.
7. REVOLUTION OF RISING EXPECTATION (leads to FRUSTRATION)
*Social media discussions of issues have become personal
*Globalization Filipino can now relate to the world
EMPOWERMENT is the
1. process
2. which enables individuals/groups
3. to fully access personal/collective power, authority and influence, and
4. to employ that strength when engaging with other people, institutions or
society.
EMPOWERMENT IS TO LET THE POWER OUT, NOT GIVING PEOPLE
POWER
*Empowerment is not giving people power, people already have plenty of
power, in the wealth of their knowledge and motivation, to do their jobs
magnificently. Empowerment is letting this power out It encourages people
to gain the skills and knowledge that will allow them to overcome obstacles
in life or work environment and ultimately, help them develop within
themselves or in the society.
Elections
*Elections are marred by coercion and violence due to the proliferation of
private armies.
*Private armies linked to local politicians continue to grow in the
Philippines. According to the Independent Commission against Private
Armies (ICAPA), 112 armed groups exist across the country, most of them
in Mindanao, the predominantly Muslim region in the southern Philippines,
where the Filipino Armed Forces and Muslim rebels have battled it out for
the better part of the past 40 years. (2010 Report).
*Former Philippines Defense Secretary Norberto Gonzales says there are
132 private militias in the country with a combined strength of 10,000 men
that politicians use to intimidate rivals and voters. (2010)
5. STRONG ECONOMIC BASE
*Philippines is No. 82 in 140 countries for economic development (World
Economic Forum)
*2012 Philippines is the most improved in tourism / OFW / overseas
contracting like call centers
*In the Asia Pacific 2011 report says that 40 richest families control 76% of
the Philippine economy
*Henry Sy (of Shoe Mart) and Lucio Tan control 6% of the Philippine
economy.