Erni, Marianne Patrice O.

1S April
19, 2018

Summary of Chapters 7 and 8

Chapter 7: Preventive Mechanisms in the field of Human Rights

The promotion and protection of human rights cannot be entirely reactive rather, combating
human rights violations and putting an end to the practice of impunity must be coupled with and
supported by proactive ad preventive arrangements and processes to develop a healthy awareness of and
respect for the indivisibility and interdependence of human rights. With this, the Office of the UN High
Commissioner for Human Rights provides a proactive and preventive response to human rights
violations. National human rights institutions or commissions and non-governmental and private sector
actors also take part in this role.

The Office of the UN High Commissioner for Human Rights

This office is a United Nations agency that works to promote and prevent the human rights that
are guaranteed under the international law and stipulated in the Universal Declaration of Human Rights.
With this, the High Commissioner has eleven proactive and preventive responsibilities and some of which
are: a) to promote and protect the effective enjoyment by all of civil, cultural, economic, political and
social rights; b) to promote and protect the realization of the right to develop; c) to coordinate relevant
UN education and public information programmes in the field of human rights; d) to enhance
international cooperation for the promotion and protection of human rights and e) overall supervision of
the Office of the High Commissioner.

National Human Rights Institutions

This is an organization established by national government with the specific role of protecting
and promoting human rights. Paris Principles was adopted by the UN General Assembly to provide
international minimum standards for an effective national human rights institution. These standards are: a)
independence; b) broad human rights mandate; c) adequate funding; and d) an incluusve and transparent
selection and appointment process.

In the Philippines, national human rights institutions can play its proactive and preventive role in
promoting respect for human rights in the area of human rights education. In India, its Human Rights
Commission has been tasked to conduct research, promotes awareness and education and encourage the
involvement of non-governmental organizations and other institutions through the Protection of Human
Rights Act. Furthermore, in Uganda, its Human Rights Commission Act empowers its Human Rights
Commission to establish a continuing programme of research, education and information to basically
enhance report on human rights and to inculcate in the citizens and awareness of their civic
responsibilities and appreciation of their rights and obligations

Non Governmental Organizations (NGO)

According to Chief Justice Artemio V. Panganiban, NGO belongs to civil society that has been in
the forefront of the fight for liberty and considered a pillar of democracy, the conscience of government
and the overseer of governmental actions. The 1987 Constitution NGOs are regard as the people’s
organizations which are bona fide associations of citizens with demonstrated capacity to promote public
interest and with identifiable leadership, membership and structure. Lastly, NGOs has an important
proactive and preventive role in promoting healthy respect for human rights in the field of human rights
education.

Chapter 8: The Judiciary, the Academe, and the Family on building a Human
Rights Culture
Human Rights Culture

It is a shared communitarian belief in the inherent dignity and of the equal and inalienable rights
of all members of the human family. More so, it is a shared consensus that the dignity and worth of every
human person can be upheld and honored if the State and non-State actors undertake efforts and
initiatives to uphold and honor human rights.

The Judiciary

In the Philippines, the Judiciary is a key player in the development of a human rights culture. The
Judiciary can be a potent agent to overcome marginalization, impoverishment, discrimination and
inequality through its duties and judicial power. It can also eliminate injustice of various stripes and
advance the horizontal and vertical frontiers if human rights through its power to promulgate rules in the
protection and enforcement of human rights. Moreover, it can educate and enlighten the members of the
bar, litigants, law students and the public about the majesty and efficiency of human rights through its
symbolic or teaching function.

The Role of the Judiciary in Plural Societies is the theme discussed in a workshop in Kenya
where it has been agreed that judicial activism can be “an important strategy to overcome all forms of
oppression, exploitation, impoverishment, unjustifiable in any model of social development in Africa and
Asia”.

The Supreme Court if the Philippines are immensely contributing to the building of the edifice of
human rights culture in the country and in the world through its many trailblazing decisions on human
rights.

The Academe

This is another key player in the building of human rights culture in the Philippines as evident in
the 1987 Constitution under Article XIV particularly in Sec. 3 which mandates the stud of the
Constitution as part of the curricula and to foster love of humanity, respect for human rights, teach rights
and duties of citizens, strengthen ethical and spiritual values, develop moral character and personal
discipline among other more.

The 1987 Constitution is often referred to as human rights constitution. Human rights law has
also been taught in law schools beginning school year 2013-2014.Scools, centers and institutions can be a
rich resource of human rights creativity through undertaking human rights field trips, boot camps,
exchange programs, cultural shows and art exhibition, dialogue between government, UN officials and
students, debate/moot court competition and many more.

The Family

The family is also a key contributor in building human rights culture as recognized by the 1987
Constitution under Article XV entitled “The Family”. Children learn by transmission at home as stated in
Proverbs 22:6 “Train a child in the way he should go and when he is old, he will not depart from it”. First
and hands-on lessons related to right to education, food, culture, worship, integrity and love and freedom
of expression, equality, justice and due process among many others can be caught at home. According to
George Benson, ideals and principles continue from one generation to the other only when they are built
into the hearts of children as they grow up and not just because they good nor legislated.