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CHAPTER 7
PREVENTIVE MECHANISM IN THE FIELD OF HUMAN
RIGHTS

The preventive mechanisms of Human rights are Monitoring, Investigative,

Administrative and Judicial. The purpose of these preventive mechanisms is to
combat human rights violations and to put an end to the practice of impunity. It
must be coupled with and supported by proactive and preventive arrangements
and processes designed to develop a healthy awareness and respect for the
indivisibility and interference of human rights.

The Office of the UN High Commissioner for Human Rights, National

Human Rights Institution, Non-Governmental Organizations or NGO’s plays
a vital role in the proactive and preventive response to human rights violations.

The following are a list of responsibilities given to the Office of the UN

Commissioner for Human Rights:

a. Promoting and protecting the effective enjoyment by all of all civil, cultural,
economic, political and social rights.
b. Carrying out the tasks assigned to him/her by the competent bodies of the
UN system in the field of human rights and submitting recommendations
to them, with a view to improving the promotion and protection of all
human rights
c. Promoting and protecting the realization of the right to develop.
d. Providing, through the appropriate mechanisms and institutions, advisory
services and technical and financial assistance, at the request of the State
concerned.
e. Coordinating relevant UN education and public information programs in
the field of human rights;
f. Playing an active role in removing current obstacles and in meeting the
challenges to the full realization of all human rights and in preventing the
continuation of human rights violations throughout the world;
g. Engaging in a dialogue with governments in the implementation of his/her
mandate, with a view to securing respect for all human rights;
h. Enhancing international cooperation for the promotion and protection of
human rights;
i. Coordination of the Human Rights promotion and protection activities
throughout the United Nations system;
j. Naturalization, adaptation, strengthening and streamlining of the UN
machinery in the field of human rights to improve it’s efficiency and
effectiveness;
k. Overall supervision of the Office of the High Commissioner.
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The United Nations General Assembly in 1993 adopted the “Paris Principles”
which provide international minimum standards for an effective national human
rights institution. These standards are: Independence, Broad Human Rights
Mandate, Adequate Funding, An Inclusive and transparent selection and
appointment process.

In terms of activities, the Principles call for national institutions to promote and
ensure the harmonization of national legislation, regulation and practices with
internal human rights instruments to which a State is a party and their effective
implementation, the ratification of international human rights instruments and the
formulation of human rights education programme and take part in their
execution.

The Capacities of the NGO’S as “bona fide” associations of citizens is to

promote the public interest with Identifiable leadership, membership and
structure. They are considered as civil society who has been in the forefront of
the fight for liberty, pillar of democracy, the conscience of the government and
the overseer of governmental actions.

“Developing a human rights culture by making people aware of their rights, of

their responsibility not to violate the rights of others, and of the possibilities of
redness including supporting individuals in bringing cases, whether with the
national system, or under regional or international procedures.”

CHAPTER 8
THE JUDICIARY, THE ACADEME, AND THE FAMILY ON
BUILDING A HUMAN RIGHTS CULTURE

Human Rights Culture is shared communitarian belief in the inherent dignity

and of the equal and inalienable rights of all members of the human family. Also,
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.

Who are the key players in the development of Human Rights Culture?
 The Judiciary
 The Academe
 The Family
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The Judiciary is a potent agent to overcome marginalization, impoverishment,

discrimination and inequality. It has the power to promulgate rules concerning the
protection and enforcement of human rights. It can also eliminate injustice of
various stripes. It can educate and enlighten the members of the bar, litigants,
the law students and the public about the majesty and efficiency of human rights.

The Academe is an education, research and externships are the keys of the
Academe to develop the Human Rights Culture.

The Family plays a vital role in the development of human rights. The 1987
Philippine Constitution of acknowledges the importance of the family by the
inclusion of Article XV. “Values are Caught not Taught” and the learning of a child
starts at home.

“Writ that should be included in the new proposed

Constitution”

Federalism in the Philippines is a proposed form of government in the country.

The primary goals of a constitutional amendment are to increase
decentralization, greater local power and access to resources most especially
among regions outside Metro Manila, which has long been dubbed as rather
imperial. It is to reduce and protect us from tyranny. The diffusing of power,
which is distributed, to the three major branches of the government assures us
that the power is not centralized to a singular person. This also increases citizen
participation. The writ that should be included in the new proposed constitution is
to provide better funding in regards to the development of infrastructure,
education, economy and social accelerations. Also, it is necessary to provide
transparency when it comes to certain documentations regarding where the
money of the people are going. The main objective is to produce an effective and
harmonious environment and community and to maximize the standard of living
of every citizen in the country. the constitution must take into deeper
consideration the essentiality of the basic human rights of people and to enforce
every possible way in order to avoid any violations of it. The constitution should
also produce greater penalties in regards to corruption and abuse of power to the
member of the government. To be able to achieve the main purpose of the
constitution everyone must work hand in hand in its essence.