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HUMAN RIGHTS
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Coquia, J. R. Human Rights. General Nature and Definition of Human Rights, 2000. p.3
Op. cit. p. 3
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any person these rights and no person can repudiate these rights by
himself. It also means that these rights cannot be the subject of the
commerce of man. 5 These cannot be rightfully taken away from a free
individual. Say for example, the right against torture. No authority can
validly and legally torture an individual. This is a right that cannot be
given away or be forfeited.
Another characteristic of human rights is that these rights are
imprescriptible because they cannot be lost even by a long passage of
time even if a person does not or fails to use it or assert them in which
he does not lose this rights. Unlike some other rights such as civil
rights, those that are granted by the State, if a person did not file a
case for its violation within reasonable time allowed by law,
prescription takes place. As a result, you can no longer assert your
right.
Human rights are indivisible, for it is not capable of being divided
and human rights are universal. Universal means that these rights
belong to every human being, no matter what he or she is like. 6 It is
universal for it is a right common to all irrespective of their origin,
status, condition or their race. It is not different from one place to
another. It is the same wherever you go in which it can be enforced
without national border.
For me, human rights are generally thought of as the most
fundamental rights. They are considered to be necessities of the
human existence. But how can we really distinguished human rights to
other rights if we also say that constitutional rights are also the
fundamental rights of the people? How can we differentiate human
rights among other rights?
5
6
Ibid, p.3
Op. Cit., p.3
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Civil rights are those rights which the law will enforce at the
instance of private individuals for the purpose of securing to them the
enjoyment of their means of happiness. These include the ensuring of
peoples physical and mental integrity, life and safety; protection from
discrimination on grounds such as race, gender, national origin, color,
sexual, ethnicity, religion, or disability; and individual rights such as
privacy, the freedoms of though and conscience, speech and
expression, religion, the press, assembly and movement. 8
While on the other hand, political rights enable us to participate
in running the affairs of the government either directly or indirectly.
These include natural justice (procedural fairness) in law, such as the
right to information, the right to a fair trial; the right of the accused;
right to due process; the right to seek redress or a legal remedy; and
rights of participation in civil society and politics such as freedom of
association, the right to assemble, the right to petition, the right of
self-defense, and the right to vote.9
Economic and social rights are those which the law confers upon
the people to enable them to achieve social and economic
development, thereby ensuring them their well being, happiness and
financial security in which includes the right to property, education,
and promotion of social justice.
Civil and political rights form the original and main part of
international human rights. They comprise the first portion of the 1948
7
8
9
Ibid.
Ibid.
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10
11
Ibid.
HG.ORG. What is Difference between Civil Rights and Human Rights. http://www.hg.org/article.asp?
id=31546
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Human Rights was conceived soon after the second World War.
Human rights was widely accepted after the United Nations General
Assembly adopted the Universal Declaration of Human Rights in 1948.
Difference Between Human and Civil Rights | Difference Between | Human vs Civil
Rights http://www.differencebetween.net/miscellaneous/politics/difference-between-human-and-civilrights/#ixzz3OD7q0Kae
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conflict. There were great lawmakers - the Roman, Justinian, for one,
who published his great Codex of various laws in the early 6th century
-who tried to establish cohesive schemes of rights and duties. The
great religions of the world - Judaism, Hinduism, Christianity,
Buddhism, Taoism, Islam, and others - have all sought to establish
comprehensive, coherent moral codes of conduct based on divine law.
All contain profound ideas on the dignity of the human being , and are
concerned with the duties and obligations of man to his fellow human
beings, to nature and indeed to God and the whole of creation.
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One of the first, and most important, battles was about politics.
Could 'natural rights' be handed over to rulers? People in their 'natural'
condition have unlimited freedom. If they choose to be ruled, they
surrender either all, or some at least of this 'natural right' to their king
or government, in exchange for civil society and peace. If they could
surrender 'all', then people could be subjected to absolute government
authority, and be under an absolute duty to obey. If only some could be
surrendered, then the question is what part of those freedoms do we
give up?
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government, and the King being executed). It was also the catch cry
for the rebellion against the civil administration - the 'Glorious
Revolution' - of 1688 which saw another King on the throne, but also
led to the English Bill of Rights, in 1689.
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Governments that did not carry out their protective role could be
overthrown.
Sadly, the Declaration did not, in fact, extend human
rights to all human beings.
The first US Constitution expressly
preserved the institution of slavery and did not recognize the equal
rights of women. Many 'rights' were added to the US Constitution over
the next 150 years: the Equal Rights Amendment, designed to give
women equality was defeated in a referendum just this decade.
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ELAINE DIANNE L.
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The ideas about human rights have evolved over many centuries.
But they achieved strong international support following the Holocaust
and World War II. To protect future generations from a repeat of these
horrors, the United Nations adopted the Universal Declaration of
Human Rights (UDHR) in 1948 and invited states to sign and ratify it.
For the first time, the Universal Declaration set out the fundamental
rights and freedoms shared by all human beings.
Rayner, Moira.
Universal Declarations of Human Rights.
January 10, 2015.
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Human Rights. Universal Declaration of Human Rights. Philippine Judicial Journal. January March
2004, Vol. 6, Issue No. 19, p.1
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irrespective of your condition, race, sex and status in life, you must be
treated equally.