JOSE WRIGHT DIOKNO (1922 – 1987)

HUMAN RIGHTS

“Human rights are more than legal concepts: they are the essence of man. They are what makes man human. That is why they are called human rights: deny them and you deny man’s humanity.” (Diokno, A Nation for Our Children)

Human rights are enumerated in:

5 international documents 2 great national documents1. Universal Declaration of Human Rights

(UDHR)2. International Covenant on Economic,

Social and Cultural Rights (ICESCR)3. International Covenant on Civil and

Political Rights (ICCPR)4. Declaration and Action Program on the

Establishment of New International Economic Order.

5. Charter on Economic Rights and Duties of States

1. Malolos Constitution (1898)2. 1935 Philippine Constitution

3 BASIC PRINCIPLES BEHIND HUMAN RIGHTS:

1. Each of us has equal right to life and share in the same intrinsic dignity2. We are never born without parents, without a society that has a culture, history, and

resources3. Society can act through a government

These principles are translated into 3 kinds or types of human rights:

1. Rights of Man a. All of us share equal right to life and the same inherent human dignity that may

enable us develop our potential talents.b. Three basic rights under it:

Right to life Right to dignity Right to develop ourselves

2. Rights of the people a. We possess these rights individually however we can only fully exercise it

collectively as a people.b. These rights corresponds with the aforementioned individual rights of man:

Right to survive Right to self-determination

Right to develop as a people3. On the government acting only as an agent of society.

a. Government never becomes society itself, not even the people themselves. ”It is always and only an instrument of the people.”

b. However, it almost always happens that the government does not advance the interests of the people (because it is composed of man with their own interests and frailties); it even oppresses the people even more.

Two conclusions: (based on these facts)

1. National security should mean as the security of the people, not of its leaders/governors. Same goes to economic development: it should be for the improvement of standard of living of the people not for the enrichment of its leaders.

2. On the premise that the government is only an instrument of the people, they have the right to change both those who run the government and the structure and system of the government itself. If they cannot do so peacefully, then they have the right to resort to rebellion against tyranny and oppression. (as a last resort) [ as provided in the UDHR ]

2 kinds of rights of man:

1. Economic, Social and Cultural Rights2. Civil Political Rights

- The said distinction led to debates on what right should be given priority. However, Diokno believed that both are equally important because it will inevitably affect one another.

For Diokno, a much more meaningful distinction of rights is that there are some rights which are absolute, while some are not.

o Rights which are absolute cannot be limited in any way, under any circumstances, not even under any emergencies.

o There are rights that can be limited to be able to preserve social life.o There are also rights that may be denied in times of emergency

THE STATE OF HUMAN RIGHTS THEN & NOW

- Diokno enumerated the situation of human rights in his time.

Rights of man Rights of the people1. Salvaging2. Poor Health3. Unemployment4. Low Wages5. Exploitation6. Suppressing Dissent

1. Increased US Military Intervention2. Economic policy is decided by Aliens

Why are man’s rights so blatantly violated?

1. Because it is what the economic system we live in demands.2. The military mind (influenced by US mentors and the Cold War propaganda) believes that

the communists are enemies, who will use every means, whether legal or illegal , to overthrow the government.

Who should be blamed for this?

The most obvious answer would be the government which implements the martial rule, along with its policies that represses the freedom of the people

However, the reason why the Filipino people have lost their freedom and experience poverty is not merely because of the martial rule – because it was an instrument for the institutionalization of foreign control. Marcos cannot do it alone, and he is not the only who will benefit from such.

However, we are also to blame for such because we, ourselves, had let this system perpetuate itself.

What can we do?

- To convince the government to change their policies or change the government. However, so long as elections are not genuine it is difficult to expect change in the

government through elections. Change through violence is only for last resort, only after all peaceful means have been

exhausted.1. We can refuse to accept the violations of our rights and the rights of others. (as

individuals).2. We can work collectively to redeem both our rights as men and rights as a people.

ANALYSIS OF THE CONCEPT OF HUMAN RIGHTS

1. Human rights are based from inherent rights of man and of the people, where all other rights come from.

2. Diokno urges man to strive to fight for these rights despite the possible dangers because not doing so will condemn not only our own rights but also our hopes and aspirations, and the future of our children.