Legphilo Human Rights and Human Dignity

8/8/2019 Legphilo Human Rights and Human Dignity

1/8

The Rights of Man TodayTuesday, January 18, 20119:45 AM

By Louis Henkin

Human rights-- product of modern history

-- reflects particular political theories while it rejects others

The equality and dignity of man are supported by the Genesis story of the

common ancestor of mankind and by the fatherhood of God to all men Human rights derive from "natural rights" flowing from "natural law" Church rooted natural law in divine authority and gave it the quality as highest

law Natural law theory emphasized duties imposed by God on every human

society in an orderly cosmos Society's duties came to be seen as natural rights for the individual

Human rights today is a kind of mixture eighteenth century thesis and nineteenth

century antithesis

The Eighteenth Century Thesis

*American and French Revolutions -- rights of man had divine foundations plus

a social-contract base All men are created equal The creator granted everyone certain inalienable rights: life, liberty and the

pursuit of happiness To secure the above rights, governments were instituted among men The governments derive their powers from the PEOPLE

The Virginia Declaration of Rights

1. All men are by nature equally free and independent. Everyone

also possesses inherent rights.

2. All power is vested in the people.

3. The government is instituted for the COMMON BENEFIT of the

people.

The rights of man are natural in the sense that nature created and

inspired man's reason and judgment for it to be so.

The rights of man are natural in the sense that every man is born with

them.

The rights of man are natural in the sense that it is man's natural state

to be free and autonomous.

Before the government was established, the individual is sovereign.

Thus his sovereignty is carried over to the government, that is why

governments derive their power from the people -- from each sovereignman.

The government is established only thru the CONSENT of the

governed.

Eighteenth Century Rights Magna Carta: a freeman shall be punished only by the lawful judgment

of his peers or by the law of the land became rule of law became due

process of law


2/8

Petition of Rights (1628), Agreement of the People (1647), Bill of Rights

(1688): representative government, suffrage, freedom of religion, freedom

from religious discrimination Rights of man were born in revolution (here it can be traced to U.S.

fighting for its independence against Great Britain) Thomas Paine: representative government is the human right The framers of the constitution knew that democracy is fallible. In the

hands of a few, this power (executive, legislative and judiciary) would

prove to be dangerous thus separation of powers was born as well as other

checks and balances. Locke: rights of life, liberty and property Declaration or Independence: life, liberty and the pursuit of happiness Bill of Rights: political freedom, security and privacy, rights for the

accused The individual was protected against the government The Constitution was to promote the general welfare It was not the purpose of government to provide the citizen with food or

work or social security, only to promote education found its way in these

early constitutions.

French Legacy French Declaration: presumption of innocence "Liberty consists in the power to do anything that does not injure another." Taxes should be appropriated from its citizen according to their means


3/8

Human Rights: Universal? Indivisible? Interdependent?Tuesday, January 18, 201110:16 AM

By Rene V. Sarmiento

The rights that make man and woman human according to the UniversalDeclaration of Human Rights are:

o Civil rightso Political rights

Other kinds of rights: economic, social and cultural rights Civil and political rights are those rights that serve as protection of the

individual from the arbitrary exercise of State power such as right to life, liberty

and security of person; right against torture, right to equal protection against any

discrimination, right against arbitrary arrest and detention Economic, social and cultural rights are those rights concerned with material,

social and cultural welfare of persons such as right to work, right to socialsecurity, right to form and join trade unions, right to education

Human rights: Universal? Indivisible and Interdependent? Yes. Human rights are universal, indivisible and interdependent. The principle of universality means that rights belong to everyone without

distinction as to race, gender, religion, other modes of classification. Human rights belong to everyone wherever they are (be they on the moon or

below the sea) because they are human beings endowed with dignity. Human rights founded on the principle of equal dignity of human beings. The principle of indivisibility and interdependence of human rights means thatcivil and political, social and cultural rights are interrelated and bear equal

importance. These rights form an indivisible whole. Only if these rights are guaranteed can an individual live decently and in

dignity -- free from fear and want. "A hungry man does not much have freedom of choice. But also true, a well fed

man who does not have freedom of choice, he cannot protect himself against

going hungry." Critics say though that human rights are Western and bourgeois-liberal

constructs reflecting a Western world view, born out of European political

history and imperialism. They say human rights are relative, determined by

political and economic circumstance of each country. Chinese use this theory of relativity of rights to secure their economy. But these criticisms are not persuasive. Universal human rights are deeply

rooted in different countries with many cultures and different political and

economic structures. Asia-Pacific NGOs: the ideal of free human beings enjoying freedoms from

fear and want can only be achieved if conditions are created whereby everyone

may enjoy their economic, social and cultural rights as well as their civil and

political rights. Threats to human rights: war, violence, hunger and poverty, unfair distribution

of wealth, intolerance, racism, xenophobia, religious fanaticism and

fundamentalism.


4/8

Concept of MAN and SOCIETY of Dr. Jose Rizal, Emilio

Jacinto and Apolinario MabiniBy Cesar Adib Majul

I.Rizals Concept of Man and Society

First principle: Man by nature possessed certain intellectual and moral

potentialities

Second principle: the potentialities of man tend towards progress and growth

Third principle: any attempt to stifle or repress mans potentialities morally

disfigures him

There is an intrinsic value in man which must be left unmolested or allowed to

develop

Every creation has its stimulus, mans is his self-respect.

Freedom means that condition which man is allowed the full development of

both his intellectual and moral faculties and where he can keep his self-respect.

To make a people criminal, theres nothing more needed than to doubt its

virtue.

An immoral government stems from its rulers. A disorderly house should be

blamed on the head of house. But the children are not without blame, he who

submits to tyranny loves it.

Like master, like slave! Like government, like country.

Rizal wanted to instill in his fellow Filipinos two things: (1) need to develop

intellectual virtues like love of study, just and noble things (2) cultivation of

moral virtues and possession of dignity both personal and racial

Rizals notion of freedom developed and became thus: when man has reached

the stage of personal discipline, intellectual integrity and moral uplift combined

with love of country.

The first notion of freedom was a social condition in which man was allowed to

develop his natural inclinations and self-respect. The second notion refers to the

qualities of a man who has actually developed his natural inclinations.

Education is the prerequisite to being free.

II.Jacinto and Teachings of the Katipunan

There were certain qualities such as liberty and equality which by nature

belonged to man

Freedom is a situation where no tyrant restrained mans actions and his actions

are guided by what is reasonable

Equality of men: regardless of race and talents, there is no difference between

them as man to man

Freedom may be lost when some self-serving individuals instigate discord

among their fellowmen in order to perpetuate their self-interests.


5/8

Freedom is also lost because of the attempts of government officials to

perpetuate their power. These officials also propagate certain habits of mind

and traditions to keep people under their power.

Evil is a situation developed and found in society. Evil came about when a

group of men used the government as a tool to foster their own interests.

Freedom and equality can be recaptured by the development of reason in the

people. This will make the people realize their love for mankind at the same

time making them hate and fight tyranny.

Reason = respect and love of God.

Through education, freedom can be recaptured and tyranny banished.

Jacinto belonged to tradition of Rosseaus Social Contract theory saying that

man is born free, but in society he is reduced to servitude.

The Kartilla presented rules for the behaviour of the katipuneros. It also defiend

what is nobility of character.

Man is noble if his manners are under proper restraint, if his character is

unsullied, if he doesnt tyrannize or oppress anyone, if he loves his country.

Just and noble: actions should aim at virtue for their own sake and not for the

furthering of their personal interests.

Charity is important and men should love one another.

Also just and noble: defend the oppressed, fight the oppressor of ones country,

not tolerate tyranny and above all love ones country.

The Katipunan investigated its members and compelled those pursuing vices to

give them up especially if they were against moral virtues.

III. Mabinis Concept of Man and Society

God gave man his life thus it is both his right and duty to preserve it with all of

his abilities.

All the means man can maintain to his life should be reasonable.

Happiness is the enjoyment or just satisfaction of the honest necessities of

rational man.

Freedom right to preserve life provided that the actions are reasonable.

All men, by possessing life, are equal to each other regardless of race, color or

talents.

Right to life, right to happiness are all inalienable having God as the ultimatesource.

Society came about when men entered into economic relations with one

another in order that their talents and products be used more effectively to

satisfy their various needs. (Man cannot live alone.)

Society is a system of mutual help.

Mabini also believed in Rosseaus theory that man lost his freedom through

force or guile propagated by self-serving men who live at the expense of others.


6/8

Filipinos loss of natural liberty was due to another nation imposing their

sovereignty over them.

We need both an internal and external revolution. We should change our ways

of thinking and behaving.

Also needed is a radical change of institutions.

Rizal: Filipinos loss of freedom was due to their tolerance of Spanish tyranny.

Jacinto: theory of society as an appeal to Filipinos to recover their rights by separating

from Spain

Mabini: his theory was to justify revolution against Spain and resist America


7/8

Freedom from Fear

By Aung San Suu Kyid

Fear of losing power corrupts those who wield that power.

Fear of the scourge of power corrupts those who are subject to it.

The four a-gati/ four kinds of corruption:

Chanda-gati corruption induced by desire. Deviation from the right path in

pursuit of bribes or for the sake of their loved ones.

Dosa-gati taking the wrong path to spite against those they bear ill will

towards

Moga-gati corruption due to ignorance

Bhaya-gati the worst kind. Bhaya stifles and slowly destroys all sense of

right and wrong. It is also the root of the above three.

Chanda-gati is the result of greed. Soon the fear of being surpassed or

humiliated follows paving the path for ill will (dosa-gati rears now its ugly

head.) Ignorance will be difficult to dispel if the truth is fettered by fear.

Fear and corruption are very closely interrelated.

Bogyoke Aung San: Each and everyone must make sacrifices in order to enjoy

true freedom. One must not depend on anothers courage and intrepidity.

Revolution truly occurs when there is a change in mental attitudes and values.

This will change the shape and course of a nations development.

A mere external revolution that changes officials, policies and institutions

looking to improve material conditions has little chance of genuine success.

There must be the revolution of the spirit!

Free men are the oppressed who go on trying. In the process, they make

themselves fit to bear the responsibilities and uphold the disciplines which will

maintain free society.

Philosophy of ancient India: The greatest gift for an individual or nation was

abhaya or fearlessness. This is not merely bodily courage but absence of fear

from the mind.

Better than fearlessness is courage that comes from the habit of refusing to let

fear dictate ones actions.

Courage best described as grace under pressure grace renewed repeatedly

under harsh, unremitting pressure.

A most insidious form of fear is one which masquerades as common sense,

condemning the foolish daily acts of courage which help preserve mans self-

respect and human dignity.

What distinguishes man from the mere brute is his capacity for self-

improvement and self-redemption.

At the root of human responsibility is the concept of perfection. One must want

to achieve it, find a path towards it and follow that path.


8/8

It is mans vision of a world fit for rational, civilized humanity which leads him

to dare and to suffer to built societies free from want and fear.

Documents

Legphilo Human Rights and Human Dignity