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LAW AND HUMAN RIGHTS R. Herlambang Perdana Wiratraman, MA. [lecturer, chair of AFHI / Indonesian Legal Philosophy Association] Center for Human Rights Law Studies (HRLS) – SEAHRN Constitutional Law Department Fakultas Hukum Universitas Airlangga 17 September 2013.
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LAW AND HUMAN RIGHTS R. Herlambang Perdana Wiratraman, MA. [lecturer, chair of AFHI / Indonesian Legal Philosophy Association] Center for Human Rights Law Studies (HRLS) – SEAHRN Constitutional Law Department Fakultas Hukum Universitas Airlangga 17 September 2013 Philosophy of Human Rights
Course Aims and Content • Understanding human rights significance, claims and its critical view of ‘human rights’. The philosophical foundation would benefit for students to be critical and sensitive to law. Content: • Philosophical analysis of human rights • Human rights and its jusitification • Moral rights vs. Legal rights
Reading materials • Andrew Fagan (2006) Encyclopedia of Philosophy: Human Rights. Human Rights Centre, University Of Essex, UK. Source:http://www.iep.utm.edu/hum-rts/ • VIDEO: AmartyaSen presents Language, Law, and Human Rightshttps://www.youtube.com/watch?v=NeXPoow6HTg • [Constitutional Law and Human Rights Studies] herlambangperdana.wordpress.com
Philosophy • What is ‘philosophy’? Searching general understanding of values and realities by using speculative ways rather than observation.
Universality • Is human rights applicable for all individuals / human ? • Human rights have been defined as 'basic moralguarantees that people in all countries and cultures allegedly have simply because they are people (Andrew Fagan 2006)
Moral Claims • The moral justificationof human rights is thought to precede considerationsof strict national sovereignty (Andrew Fagan 2006) • The contemporary doctrine of human rightsis one of a number of universalist moral perspectives. The origins and development of the theory of human rights is inextricably tied to the development of moral universalism.
Moral Rights vs. Legal Rights • Legal rights refer to all those rights found within existing legal codes. A legal right is a right that enjoys the recognition and protection of the law. • Apartheid South Africa: its denial of numerous fundamental moral rights, including the rights not to be discriminated against on grounds of colour and rights to political participation line of opposition and protest could only be pursued because of a belief in the existence and validity of moral rights.
Questions • Why are there so many human rights violation in XX centuries? • Whether such violations are related to particularity of rights? • Is there law which violates human rights, and could you say that as law without moral?
The principal philosophical foundation of human rights is a belief in the existence of a form of justice valid for all peoples, everywhere.