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 mans humanity. (Diokno, A Nation for Our Children)
Human rights are enumerated in:
5 international documents
1. 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

2 great national documents

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

3 BASIC PRINCIPLES BEHIND HUMAN RIGHTS:

1.
2.
3.

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

3. 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 Rights

2. 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
o
o

Rights which are absolute cannot be limited in any way, under any
circumstances, not even under any emergencies.
There are rights that can be limited to be able to preserve social life.
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
1.
2.
3.
4.
5.

man
Salvaging
Poor Health
Unemployment
Low Wages
Exploitation

Rights of the people

1. Increased US Military
Intervention
2. Economic policy is decided by
Aliens

6. Suppressing Dissent
Why are mans 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.