Engelbert C.

Miro- Human Rights

Why Human rights Is Universal

On 10 December 1948 the United Nations General Assembly adopted

the  Universal Declaration of Human Rights (UDHR). This declaration was an
effort to ensure that the abuses and atrocities against human dignity – such
as those perpetrated by the Nazis – would never take place again. Human
rights are universal, inherent to every individual without
discrimination; inalienable, meaning that no one can take them
away; indivisible and interrelated, with all rights having equal status and being
necessary to protect human dignity.

The principle of universality of human rights is the cornerstone of international

human rights law. This means that we are all equally entitled to our human rights.
This principle, as first emphasized in the UDHR, is repeated in many international
human rights conventions, declarations, and resolutions.

Why Human rights Is Inherent

Human rights are rights we have simply because we exist as human beings -
they are not granted by any state. These universal rights are inherent to us all,
regardless of nationality, sex, national or ethnic origin, color, religion, language, or
any other status. They range from the most fundamental - the right to life - to those
that make life worth living, such as the rights to food, education, work, health, and
liberty.

Why Human Rights is Inalienable

Meaning that no one can take them away. Human rights are inalienable.
They should not be taken away, except in specific situations and according to due
process. For example, the right to liberty may be restricted if a person is found guilty
of a crime by a court of law.

Why Human Rights are Interdependent and Indivisible

All human rights are indivisible and interdependent.  This means that one set
of rights cannot be enjoyed fully without the other. For example, making progress in
civil and political rights makes it easier to exercise economic, social and cultural
rights. Similarly, violating economic, social and cultural rights can negatively affect
many other rights.

A. Define Human rights

Human rights are rights inherent to all human beings, regardless of race,
sex, nationality, ethnicity, language, religion, or any other status. Human rights
include the right to life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and many more. 
Everyone is entitled to these rights, without discrimination.
B. Human rights are absolute rights?

International human rights law recognises that few rights are absolute and
reasonable limits may be placed on most rights and freedoms. Absolute rights,
however, are distinguishable from non-absolute rights. Absolute rights cannot be
limited for any reason. No circumstance justifies a qualification or limitation of
absolute rights. Absolute rights cannot be suspended or restricted, even during a
declared state of emergency.

3. Generally accepted principle

A.

Generally accepted principles of international law refers to norms of general

or customary international law which are binding in all states. Like for
example renunciation of war as an instrument of national policy, the principle
of sovereign Immunity, a person’s right to life, liberty and due process, and
pacta sunt servanda, among others.

B.
Custom or customary international law means “a general and
consistent practice of states followed by them from a sense of legal
obligation (opinion juris)”. This statement contains the two basic
elements of custom: the material factor, that is, how states behave, and
the psychological or subjective factor, that is, why they behave the way
they do.

            The initial factor for determining the existence of custom is the actual
behavior of states. This includes several elements: duration,
consistency, and generality of the practice of states.
4. Distinguish from each other:

A. Civil and political rights

Civil rights are the basic legal rights a person must possess in order to have such a
status. They are the rights that constitute free and equal citizenship and include
personal, political, and economic rights. No contemporary thinker of significance
holds that such rights can be legitimately denied to a person on the basis of race,
color, sex, religion, national origin, or disability.

Political rights, give to the citizens the right to equality before law and the right
to participate in the political process. They include such rights as the right to
vote and elect representatives, the right to contest elections, the right to form
political parties or join them.

B. Right to life and beginning of life:

This means that nobody, including the Government, can try to end your life. It
also means the Government should take appropriate measures to safeguard life by
making laws to protect you and, in some circumstances, by taking steps to protect you
if your life is at risk.

Public authorities should also consider your right to life when making decisions that
might put you in danger or that affect your life expectancy.

Beginning of life

When a person is born, it is more than just a genetic load. We are formed by our
relationship with everything around us combined with our genetics. Te beginning of
life investigates what separates us and what is essential to all of us, how we can create
a better world by investing the first steps of our lives.

C. Doctrine of “in dubio pro reo” from miranda rights

 In dubio pro reo " " is a latin judicial phrase, it means that if there is any
doubt about the guilt, the judge should decide in favor of the person
suspected, just to avoid wrongly convicting a person who is free of guilt.

Miranda rights

You have the right to remain silent. Anything you say can and will be used against
you in a court of law. You have the right to an attorney. If you cannot afford an
attorney, one will be provided for you.If the individual indicates in any manner, at any
time prior to or during questioning, that he or she wishes to remain silent, the
interrogation must cease. If the individual states that he or she wants an attorney, the
interrogation must cease until an attorney is present. At that time, the individual must
have an opportunity to confer with the attorney and to have him or her present during any
subsequent questioning.

D.
the Doctrine of Transformation
is based upon the perception of two distinct systems of
law operating separately, and maintains that before any rule or principle of
international law
can have any effect within the domestic jurisdiction, it must be expressly and
specifically 'transformed' into municipal law by the use of the appropriate
constitutional machinery. This doctrine grew from the procedure whereby
international agreements are rendered operative in municipal law by the device of
ratification by the sovereign and the idea has developed from this that any rule of
international law must be transformed, or specifically adopted, to be valid
within the internal legal order.

The Doctrine of Incorporation

holds that international law is part of the
municipal law automatically wi
thout the necessity for the interposition of a constitutional
ratification procedure.