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Human Rights: Concepts and History

This document provides an overview of the coverage for a midterm exam on human rights. It outlines three units that will be covered: 1) the theory and concept of human rights, 2) the origin and development of human rights, and 3) human rights governance in the Philippines. Unit 1 discusses the meaning, nature, theories, and concepts of human rights. Unit 2 covers the history and development of human rights from documents like the Cyrus Cylinder, Magna Carta, and Petition of Right. Unit 3 addresses international human rights conventions, institutional settings, and human rights in Philippine law enforcement.
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0% found this document useful (0 votes)
48 views7 pages

Human Rights: Concepts and History

This document provides an overview of the coverage for a midterm exam on human rights. It outlines three units that will be covered: 1) the theory and concept of human rights, 2) the origin and development of human rights, and 3) human rights governance in the Philippines. Unit 1 discusses the meaning, nature, theories, and concepts of human rights. Unit 2 covers the history and development of human rights from documents like the Cyrus Cylinder, Magna Carta, and Petition of Right. Unit 3 addresses international human rights conventions, institutional settings, and human rights in Philippine law enforcement.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

COVERAGE OF THE MIDTERM EXAMINATION

UNIT I – THEORY AND CONCEPT OF HUMAN RIGHTS


Lesson 1. Meaning and Nature of Human Rights
Lesson 2. Theories of Human Rights
Lesson 3. Concepts of Human Rights
UNIT II – ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS
Lesson 1. History of Human Rights
Lesson 2. Development of Human Rights
Lesson 3. Current State of Human Rights
UNIT III – HUMAN RIGHTS GOVERNANCE IN THE PHILIPPINES
Lesson 1. International Convention of Human Rights
Lesson 2. Institutional Settings of Human Rights
Lesson 3. Human Rights in Philippine Law Enforcement
UNIT I – THEORY AND CONCEPT OF HUMAN RIGHTS
Lesson 1. Meaning and Nature of Human Rights
Summary
Human rights are rights that every person has a consequence of being a human being. It
is a right that is universal. This means that every person, regardless of his or her gender, race,
religion, political view, and other differences, is being protected by it and its laws. It is
inalienable – no person can take it away from an individual, subject to exceptions. It is
indivisible, interrelated, and interdependent- all human rights should be honored and given
importance equally.

Human rights have two types: legal rights and natural rights. Legal rights are human
rights that are recognized by society through laws, while natural rights are established through
divine origin, are intrinsic to human nature, and are hence taught to be independent from
cultural customs.

Human rights laws are created to legally guarantee human rights to every individual.
With human rights law, the state is obligated to make actions in accordance with it and prohibit
manners that might violate it

Lesson 2. Theories of Human Rights (discussed already)

Lesson 3. Concepts of Human Rights


Lesson Objectives
When you finish reading this lesson, you should be able to:
1. Reflect on the different concepts of human rights and
2. Compare the different concepts of human rights.
Introduction
The concept of human rights dates back even before the starts of many civilizations and
has been seen as clearly carved in all of the greatest religions of the world. Whether it is one’s
duty to look after his or her neighbor or the concept of universal brotherhood, the fellowship of
men and fraternity combined with compassion toward mankind have originated in several
religious beliefs including those that pre-date Christianity has been continually developing ever
since.
All major religions in the world have a humanist perspective that supports human rights
despite the difference in their beliefs. Human rights are also discussed in ancient thoughts and
philosophical concepts of natural rights and natural law.
All human rights are derived from the thought that dignity and worth are inherent to all
human beings and that human beings are the central subject of human rights and fundamental
freedom. Whatever adds to the fundamental rights of a human being should be regarded as
human rights revolution.
Activity 1.3.1
1. List at least two of the major religions of the world.
a.
b.
2. Research about the different beliefs of each religion and connect each to an established
human right. Write at least two beliefs for each.
a.
b.

Western View of Human Rights


In the Western view, human rights are considered to be not permanent and have no
eternal source of criteria of a cosmic order. The concept of human rights developed alongside
the development of human consciousness. Through the evolution of humankind and
civilization, people have developed the need for a better life and well-being, thereby seeking
the rights that they know are inherent to them as humans. They fought in revolutions fighting
for a better government for all to be equal in the eyes of the law, and as a result, human rights
have been born one after the other out of the agreement of individuals and the ruler of states,
with emphasis on the division of power, decisions in the parliament and charter declarations. A
right only become a right upon recognition by the state.
However, in the large portion of Western Countries, the main purpose of these laws is
to protect the people from their states, and it can be said that in Western societies, human
rights are given more importance.

Socialist View of Human Rights


According to Karl Marx, a German philosopher and sociologist, and Lenin, a political
theorist, the fundamental rights if an individual are derived from dialectical process of history.
Human rights are not conferred to an individual by its nature but a product of the process that
played the role in various histories where there are individuals wanting to end the communist
classes existing in a capitalist society According to this philosophy, these fundamental rights are
neither natural nor essential to an individual. It is also not impressionable. These rights have no
significance or importance but are part of the general law of the land.

Religious View of Human Rights


Most major religions have a humanistic perspective that supports human rights despite
differences in their beliefs. According to the religious view, human rights originated from the
ideas of mercy, kindness to others, and pity on human beings.

Activity 1.3.2
Research on the different concepts about human rights and do the following:
1. Make a table consisting of the three concept in each row.
2. In each row, put an example of human rights that you know may fall under that concept.
3. Give an example of each human rights.

Views on Human Rights Human Rights Examples

Western view on Human


Rights

Socialist View on Human


Rights

Religious View on Human


Rights
Activity 1.3.3
Out of the three views on human rights, what do you think is the most applicable in today’s
Philippines society?

UNIT II: ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS


Lesson 1. History of Human Rights
When you finish reading his lesson, you should be able to:
1. Discuss the history of human rights;
2. Identify the reasons that led to the development of human rights.

INTRODUCTION
Ever wonder where human rights originated from? Throughout the course of history,
individuals acquire their knowledge about their rights and responsibilities through membership
in a group, such as families, indigenous nations, religious affiliations, communities, and states.
Most societies have traditions that are similar to the golden rule “do not do unto others what
you do not want others do unto you”. All societies have had systems of propriety and justice as
well as respecting and acknowledging the welfare and needs of individuals, may it be written or
on oral declaration.

Activity 2.1.1
In your own words, explain the golden rule and give example.

The Cyrus Cylinder


In 539-530, Cyrus II began his reign as the king of Persia by decreeing a reform written
on the “The Cyrus Cylinder.” The reform also established racial equality, including religious
freedom for all people of the Persian Empire. This is one of the oldest evidence of human rights
recognition. It has been translated to all six official languages of the United Nations, and the
first four articles of the Universal Declaration of Human Rights are parallel to that of the
declaration on Cyrus Cylinder.

The Magna Carta


In 1215, King John of England signed the Magna Carta also known as the “Great
Charter,” which established the idea that everybody, including the king, is subject to law. It is
also provided all freemen the right to achieve justice and fair trial through the establishment of
the principles of due process and equality before the law, the charter also recognized the
church is an individual institution that is free form governmental interference. It further
recognized that the citizens of the state have the right to own and inherit properties and to be
protected from excessive taxes. Is also gave widowed women who owned property an
opportunity to choose not to remarry.

The Petition of Right


The petition of right was sent by the English Parliament to the king of England, King
Charles I. The petition was raised when Charles I started to force loans on his people and tax
them excessively, sending to prison those who did not pay. King Charles I did all of these to
finance his war against Spain. The petition was initiated by Sir Edward Coke, and it was based
on the earlier statutes and charters of the Magna Carta and the Cyrus Cylinder. The petition
asserted four principles: 1) the king cannot tax people without the consent of the parliament; 2)
no person shall be imprisoned without cause; 3) no soldier shall be quartered within the city or
public areas; and 4) martial law shall not be implemented in time of peace. King Charles I was
compelled to accept the petition in order for him to continue receiving subsidies for his policies.
However, the petition of rights is still regarded as a constitutional document alongside statutes
like the Magna Carta.

The Bill of Rights


The bill of Rights limits the power of the government of the United States of America
and protects the rights of all citizens, residents, and visitors in American territories. The bill
protecs the freedom of speech and the opinions of people and their right to voice out
themselves. It also protects religious freedom, as every individual has the right to choose and
practice his or her chosen religious or beliefs. It provides individuals the freedom of assembly
and the freedom to petition.
The Bill of Rights protects the establishments of religions and prohibits the federal
government from depriving any individual of his or her life, liberty or property without due
process of law. If an individual commits a crime against the federal government, the bill of
rights requires indictment by a grand jury and guarantees a speedy public trial with an impartial
jury.

Activity 2.1.2
Work in group with 10 members. Look at the Bill of Rights enshrined in Article 3 of the 1987
Philippine Constitution. Reflect and discuss among yourselves how this particular document
may affect you as an individual and your family as a whole. Using pictures cut from magazines,
newspaper or any print out materials, create a collage showing your group’s overall reflection.
Use the 1 whole white cartolina or manila paper.
Write a brief description of the collage you created above.
Choose one from your groupmates to discuss and shows your output in the class.

The United Nations


After World War II, the idea of human rights became stronger. With the Nazi Germans
exterminating over 6 million Jews, Sinti and Romani, homosexuals and persons with disabilities,
the world was horrified and trials of the war officials involved in the Nuremberg and Tokyo War
Crimes. The defeated countries were held to be punished for committing a “crime against
peace” and “crime against humanity.”
The United Nations (UN) was established in 1945 for the maintenance of international
peace and prevention of conflicts. The goal was to ensure that what happened in World War II
will never happen again, particularly that no one will ever be unjustly denied of life, freedom,
shelter, foods and nationality.
The emerging human rights principles were stated in President Franklin Delano
Roosevelt’s state of the union address. In his speech Roosevelt said that the world was founded
on four essential freedoms: freedom of speech, freedom of religion, freedom from want, and
freedom from fear.

Common questions

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Natural rights are thought to be inherent to human beings and derive from divine origin, being independent of cultural customs. They highlight the universal and inalienable nature of human rights. Legal rights, on the other hand, are those recognized and guaranteed by society through laws, emphasizing the role of legal systems in protecting human rights . The distinction underscores the multifaceted origins and supports for human rights, combining intrinsic human dignity with societal recognition.

The Magna Carta, signed in 1215, is significant because it established the principle that everyone, including the king, is subject to the law. It granted freemen the right to justice and a fair trial, establishing due process and legal equality, and helped influence the development of legal systems and constitutions worldwide . Its enduring impact lies in its foundational role in creating expectations of accountability and legal rights.

The Bill of Rights in the United States limits government power by enshrining fundamental liberties, such as freedom of speech, religious freedom, and the right to assemble and petition. It prevents the federal government from infringing upon individuals' rights to life, liberty, or property without due process of law and mandates a fair trial for criminal charges . These provisions guard against tyranny and promote civil liberties.

The Western view of human rights sees human rights as evolving alongside human consciousness and emphasizes protecting individuals from the state. It stresses that rights become recognized through state acknowledgment, particularly in laws and charters like the Magna Carta. In contrast, the socialist view, influenced by thinkers like Marx, sees human rights as arising from the historical dialectical process and views them not as inherent or natural but as products of historical class struggles and social processes . This contrast reflects differing philosophical underpinnings regarding the source and significance of human rights.

After World War II, the United Nations was established in 1945 to prevent conflicts and maintain international peace. It played a crucial role in establishing a global framework for human rights, notably through the Universal Declaration of Human Rights, which emerged to ensure that atrocities like those in World War II wouldn't recur. The UN's efforts focus on protecting life, freedom, and essential human needs on an international scale .

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