OPEN UNIVERSITY FOR ADULTS

Unlawful Activities Prevention Act

SCHOOL OF LEGAL AND POLITICAL SCIENCES
(LAW DEGREE)

SUBJECT:
PUBLIC AND PRIVATE INTERNATIONAL LAW

THEME:
HUMAN RIGHTS

PARTICIPANTS:

MANUEL ENRÍQUEZ DE LOS SANTOS HERNÁNDEZ

MAT.: 09-1633

FACILITATOR:
LICDA. MILEDYS PEREZ

SANTO DOMINGO EAST,

DOMINICAN REPUBLIC
04-08-2015
 TABLE OF CONTENTS

INTRODUCTION3

GENERAL OBJECTIVE:

specific_objectives........................................................................................4

HUMAN RIGHTS5

Historical Evolution.-.........................................................................................5

What are Human Rights?

Characteristics of human rights

Human and Constitutional Rights............................................................7

Main Human Rights

What are vulnerable groups?

Non-Governmental Organizations.....................................................10

The United Nations and human rights..............................................12

CONCLUSION..............................................................................................................14

BIBLIOGRAPHY

2
 INTRODUCTION

In the following work, I have developed the topic of 'The Theory of Rights'
"Humans," which is the product of an exhaustive search and research.
what I have done to achieve a job in which it is well explained
theme to achieve an awareness about them, and to be able to collaborate to
that human rights are respected, recognized, protected, and promoted.

In Chapter I, I start by referencing the historical evolution of

the same ones, I went back to the last decades of the century, but taking into account

It is said that man has recognized them since ancient times.

In chapter II, I make a classification of human rights and in turn

Generational Declaration, the rights of the first generation, second
generation and third generation of the same.

In chapter III I mainly focus on our human rights

as people to be able to live attached to them for a better quality
of life.

In Chapter IV, I conclude by focusing on seeking the questions.

more frequent about the good practice of our rights each one
with its respective response.

3
GENERAL OBJECTIVE:

Implement the knowledge and education of human rights in the

young people so that they can develop in a comprehensive, supportive manner and
worthy.

SPECIFIC OBJECTIVES:

Implement education regarding Human Rights

Foster knowledge of the chosen topic

Guide young people in the experience of Human Rights

Demonstrate the importance of a democracy in which the...

rights of each individual

Apply the knowledge gained to promote related values

to individual rights

Raise awareness among students to achieve coexistence.

egalitarian

4
 HUMAN RIGHTS

Historical Evolution.

There is an important debate about the cultural origin of human rights.

They are generally considered to have their roots in Western culture.
modern, but there are at least two other main positions. Some assert
that all cultures have visions of dignity that are reflected in form
of human rights, and refer to proclamations such as the Charter of
Mandén, of 1222, foundational declaration of the Mali Empire. Nevertheless, neither
In Japanese or in classical Sanskrit, for example, the term law did not exist.
until contacts were made with Western culture, since these
cultures have traditionally emphasized duties. There are also
who believe that the West has neither created the idea nor the concept of
human rights, although indeed a concrete way to systematize them, a
progressive discussion and the project of a philosophy of human rights.

The theories that advocate for the universality of human rights are often
to counter cultural relativism, which claims the validity of all systems
cultural and the impossibility of any absolute valuation from a framework
external, which in this case would be universal human rights. Among
Between these two extreme positions lies a range of intermediate positions.
Many human rights declarations issued by organizations
Regional internationals place a greater or lesser emphasis on the aspect
cultural and give more importance to certain rights according to their
historical trajectory. The Organization for African Unity proclaimed in
1981 the African Charter on Human and Peoples' Rights, which collected
principles of the Universal Declaration of 1948 and added others that
traditionally denied in Africa, such as the right to freedom
determination or the duty of States to eliminate all forms of
foreign economic exploitation. Later, the African states that
they agreed on the Tunis Declaration, on November 6, 1993, they affirmed that

5
a specific model cannot be prescribed universally, as it does not
historical and cultural realities of each nation can be disregarded and
the traditions, norms, and values of each people. In a similar vein,
they pronounce the Bangkok Declaration, issued by Asian countries on the 22nd of
April 1993, and from Cairo, signed by the Organization of the Conference
Islamic August 5, 1990.

What are Human Rights?

Human Rights are the set of prerogatives inherent to the

the nature of the person, whose effective realization is essential for
the comprehensive development of the individual living in a legally structured society

organized. These rights, established in the Constitution and in the laws,

They must be recognized and guaranteed by the State.

We are all obligated to respect the Human Rights of others.

people. However, according to the constitutional mandate, those who have
the greater responsibility in this regard lies with government authorities,
that is to say, the men and women who serve as public servants.

The task of protecting Human Rights represents for the State the
requirement to provide and maintain the necessary conditions so that, within
from a situation of justice, peace, and freedom, people can enjoy
truly of all its rights. The common good assumes that power
the public must do everything necessary so that, gradually, they are
overcoming inequality, poverty, and discrimination.

The defense or protection of Human Rights has the function of:

Contribute to the comprehensive development of the individual.

To delimit, for all people, a sphere of autonomy within

in which they can act freely, protected against abuses of
authorities, public servants, and individuals.

6
 Set limits on the actions of all public servants,
regardless of their hierarchical level or government institution, be it
Federal, State, or Municipal, always with the aim of preventing abuses
of power, negligence or simple ignorance of the function.
Create channels and mechanisms for participation that facilitate everyone
people take an active part in managing public affairs and in
the adoption of community decisions.

Characteristics of human rights

Universality: All men have them, regardless of their

nature.
Imprescriptibles: They are prior and substantiate their extension on the side.
of political power, that is, they cannot be lost over time.
Irreducible and inalienable: No one can go unnoticed before them.
do not ignore them.

Absolutes: They are the firstborn and the most important in our history.
And we owe them the birth of other rights.
Non-negotiables: They cannot be discussed, as they constitute the
dignity of all people.

Human and Constitutional Rights

It is important to differentiate and not confuse human rights with

constitutional rights. Although human rights are generally
they usually encompass constitutional rights, but they do not always coincide.
To determine which rights are 'constitutional', it is enough to refer to the
catalog of rights recognized by the political constitutions of the
States; the concept of "human rights" belongs more to the realm of
the Philosophy of Law.

7
The relationship between both concepts has been studied by numerous authors and
is problematic. Among those who acknowledge the virtuality of the concept of
human rights, natural law theories consider that the existence of
human rights are independent of their recognition as rights
constitutional. For some authors, such as Francisco Laporta, there would exist a
small number of basic human rights, from which would derive the
more specific constitutional rights.

For their part, dualist theories attribute importance to both

moral foundation of rights as well as their positivization the concepts of
human rights and constitutional rights would have a content
equivalent. Luigi Ferrajoli considers, in his theory of legal guarantism, that,
being the constitutional or fundamental rights recognized in the
Magna Carta of the States, human rights are those that are
they recognize everyone, regardless of their citizenship and their ability to
to act: the constitution of a country, for example, can grant rights to its
citizens that do not encompass non-nationals (for example, the right to
vote). In that case, it would be about constitutional rights that are recognized
to the citizen, but they could not be human rights if not recognized for all
people, regardless of their condition.

Main Human Rights

Right to life.
Right to physical and moral integrity.
Right to ideological, religious, and worship freedom.
Right to conscientious objection.
Right to freedom and security.
Right to equality and non-discrimination on the basis of sex, race
religion or social condition.
Right to honor, personal and family privacy, and one's own image.

8
 Right to the inviolability of the home and secrecy of the
communications.
Right to freedom of residence and movement.
Right to freedom of expression, freedom of production and creation
literary, artistic, scientific and technical, academic freedom and freedom of
information.
Right to assembly, to association, right to participate in affairs
public and to access, on equal terms, to functions and positions
public.
Right to effective protection by judges and courts.
Right to representation by a predetermined ordinary judge by the
law.
Right to education and freedom of teaching.
Right to freedom of association and right to strike.
Right of petition.
Right to marry.
Right to private property and inheritance.
Right of foundation.
Right to collective labor negotiations between the representatives of
the workers and the employers.
Protection of the family, children, and mothers.
Equitable distribution of income.
Public Social Security Regime.
Right to health protection.
Right to culture.
Right to an adequate environment.
Right to enjoy a decent home.

What are vulnerable groups?

9
They are those groups or communities that, due to circumstances of poverty,
ethnic origin, health status, age, gender or disability, are found in
a situation of greater helplessness to face the problems that
it raises life and lacks the necessary resources to meet its
basic needs. Vulnerability places those who suffer from it in a
disadvantaged situation in the full exercise of their rights and freedoms.

The vulnerability fractures and, therefore, nullifies the set of guarantees and
fundamental freedoms, so that individuals, groups and
communities in this situation have rights only at a formal level, already
that in practice the necessary conditions for its exercise are not met.

This circumstance violates the rights of the weakest members of the

society and the marginalized, which is why the State has the responsibility to
protect these people, who often do not know what they are
their rights, ignore the means to assert them, and lack the
necessary resources to access justice systems.

Factors that influence vulnerability:

Lack of equal opportunities.

Inability to meet their basic needs.

Malnutrition.

Disease.

Inability to access public services.

Marginalization.

10
Non-Governmental Organizations

Non-governmental organizations are expressions

autonomous citizenship in its legitimate desire to defend its rights and
at the same time intervene or at least influence the decision-making process
public decisions distinctly differentiated from political parties and the
industrial commercial companies, since they do not aspire to exercise power of the
state nor to participate in the economic circuit, NGOs combine aspects of
social movements and pressure groups.

Over the last thirty years, there has been a proliferation of

pressure and interest groups in all areas of action of the
world organization and especially in the field of human rights
due to the customary defenselessness in which individuals find themselves
in front of their own states and the consequent internationalization of the
humanitarian theme.

NGOs have managed to expose many episodes of intolerance and

violence that, without their zeal, would have remained unpunished, have promoted

regulatory changes and significant political adjustments in the organizations

intergovernmental, and they have become a living experience of
participatory democracy without which international relations would continue
being merely the battlefield of the powerful of the earth.

Among the numerous NGOs that are currently active in the external arena, it is worth noting

mention some that stand out for their influence or their career: Amnesty
International, International Commission of Jurists, International League of the
Rights and the Liberalization of peoples, among those of international scope,
Andean Commission of Jurists, Latin Federation of Association of
Relatives of Detained-Disappeared and American International Institute of
Human Rights, among those of regional scope, in this case
Latin American.

11
Some specialize in certain types of violations, while another one
they dedicate themselves to education, research, and legal management.

Attacked shamelessly by governments and armies of authoritarian regimes, and

defended with passion by exiles and persecuted individuals of all persuasions,
Amnesty International is the most important NGO for Human Rights
in the world, their influence is so great that the very feasibility of the project
depends on a permanent international criminal court
probably from the global campaign supporting this initiative that has
launched and heading the organization based in London.

The United Nations and human rights

The creation of the United Nations was preceded by

extremely painful experiences for humanity. It was about renewing
with greater emphasis the purposes that had inspired, after the First
World War, the creation of the League of Nations.

That organization had as its main objective the establishment of a

forum in which all the states of the planet will participate in order to avoid the
occurrence of wars and armed conflicts among them. However, few
Years later, in 1939, a new international conflagration would break out.
that would produce even more victims and damage than the previous one and that would leave in the

I forget the League of Nations.

Just as World War II was ending, in April 1945, the

San Francisco conference at which the Charter of the Nations was drafted
United. It expresses the desire to set up an organization.
supranational in order to ensure that peace and the validity of the
human rights around the world.

This second aspect attracts particular interest from the new

institution. This is because it was considered that there was a very close connection

12
great between the prevailing situation inside the countries and the
maintenance of world peace.

It was evident that the trigger of the war had come from existence.
of totalitarian regimes headed by the German Nazi system.
These regimes whose conception was based on the violation of freedom and of
the equality among its inhabitants within them had been reflected
abroad, through a policy of territorial conquests and
subjugation of national sovereignties. Therefore, the action of the
The United Nations should aim to safeguard peace among nations
and fight for the establishment of human rights within them.
This is how the very Preamble of the organization's Charter determines 'the
faith in the fundamental rights of man" and enshrines the special purpose
to work for the validity of human freedoms. In 1946, the Council
Economic and Social establishes the competence of the Human Rights Commission.
Humans and entrust the preparation of a universal declaration of
rights.

After the document is approved, it would become the expression of the

rights of all the peoples of the world with greater consensus in history of
humanity.

This declaration does not have direct legal force over the countries, as it does not
It is an international convention. However, it presents a model.
of high ethical and moral content that has exerted a great influence throughout the
orb.

She has been used as a model for the drafting of numerous

constitutions and national laws. Also, judges adopt it as a basis.
to support their decisions regarding human rights.

13
 CONCLUSION

To arrive at a good reflection on the topic, it must be taken into account that we do not

we face a question of opposing political factions. Rights

Humans are not a matter of colors or parties: they must transcend all this.
in order to be applicable to all the inhabitants of the world, without
distinction of races, languages, cultures, social classes. A humanism,
well understood and defined, it is what is intended to be promoted and reclaimed about the
basis of the Universal Declaration of Human Rights. Its study and
projection concerns us all, as the purpose of this declaration
to defend the dignity, freedom, justice, and peace of each individual
members of the human family. The aim of this reflection is to provide a vision
simple and clear on the topic, with the aim of promoting knowledge about the
Human Rights at all levels.

Every person has an intrinsic value that makes them worthy. For that value
properly human exists effectively, certain are necessary
living conditions that allow us to develop, to use our abilities
of intelligence and consciousness, and to satisfy our spiritual needs.
Such conditions of existence that inspire the philosophy of Rights.
Humans are based on the growing demand of humanity to enjoy
a life in which the inherent dignity of each person is protected and
respected.

The reality today is that this document has remained as a

collection of good wishes.

The fact of fighting for the respect of Human Rights in the world
it is a manifestation of peace and justice, that benefits us all and that, in the
future, will benefit future generations.

14
 BIBLIOGRAPHY

Books:
oArias Luis. Manual of Law International Audience
Contemporary. Santo Domingo: Editora Centenario 8th edition,
2005

Arias Luis. Manual of Private International Law. Santo Domingo:

Centenario Publisher 4th Edition, 2004.

Internet
oThe provided text is a URL and does not contain translatable content.

oThe provided text is a URL and does not contain translatable text.

oThe provided text is a URL and cannot be translated.

o[Link]

oInput is a URL, translation cannot be provided.

15