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HumanRights Coquia Reviewer PDF
HumanRights Coquia Reviewer PDF
Classified to:
A. According to source - natural rights, constitutional rights, statutory rights
B. According to recipient - individual rights, collective rights
C. According to aspect of life - civil, political, economic, social, cultural rights
D. According to struggle for recognition - first, second and third generation rights
E. According to derogability - absolute or non-derogable, derogable or can-be-limited
rights
What are the Sources of human rights?
Natural rights - God-given rights, unwritten, prevail as norms of society
B. Constitutional rights - conferred and protected by the Constitution and cannot be
modified or taken away by the law-making body
C. Statutory rights - provided by law promulgated by the law-making body and may
be abolished by the same
What are 3rd and 4th generation of human rights. Give examples of each.
Covers collective rights, best understood as a product of both the rise and decline of
the nation-States in the last half of the 20th century. Ex: right of people to a healthy
environment
CHAPTER II
HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN
RIGHTS
Name and explain some of the theories advanced as the sources of human rights.
Religious or theological approach - doctrine of a Supreme Being, the creator, the
Father of all humanity. Central is the concept of the dignity of man as a consequence
of human rights, and therefore the rights are universal, inalienable and cannot be
denied by mortal beings (men).
Natural Law - the conduct of men must always conform to the law of nature, and
this theory is detached from religion. The natural characteristics of human beings
are the social impulse to live peacefully and in harmony with others, and whatever
conformed to the nature of men was right and just. Whatever is disturbing to social
harmony is wrong and unjust.
Positivist - states that all rights and authority come from the state and what officials
have promulgated, that rights are enjoyed if recognized and protected by legislation
promulgated by the state.
Marxist - emphasizes the interest of society over an individual's interest –
communism
Functional or sociological approach - human rights exist as a means of social control,
that human rights exist to serve the social interests of society. This approach was
developed in the early 20th century when there were demands for a variety of wants,
as help for the unemployed, handicapped, underprivileged, minorities and other
disadvantaged groups.
Utilitarian Theory - principle that requires governments to maximize the total net
sum of citizens. It emphasizes that an individual cannot be more important than the
entire group. An act is good only when it takes into consideration the interests of the
society and tends to augment the happiness of the entire community
Theory based on Justice - each person has equal rights to the whole system of
liberties. The general conception of justice is one of fairness and those social primary
goods such as opportunity, income and wealth and self-respect are to be distributed
equally
Theory based on Equality and Respect - government must treat all their citizens
equally, and must intervene in order to advance the general welfare
Theory based on the Dignity of man - this theory proceeds on the premise that
human rights means sharing values of all identified policies upon which human
rights depend on. The ultimate goal of this theory is a world community where there
is democratic sharing and distribution of values. All available resources are utilized
to the maximum and the protection of human dignity is recognized. This is better
referred to as policy science approach
What are the circumstances that brought out the concept of human rights in
ancient history?
Rulers were despotic and tyrannical, and citizens rose against the injustices that they
have long suffered
Chapter III
The International Bill of Human Rights
What are the reasons why the reaffirmation of the fundamental human rights was
one of the main objectives of the organization of the United Nations?
Ans: - Enforce equal human rights; “to reaffirm faith in fundamental human rights
and the dignity and worth of human person” (UN Chaarter Preamble)
- Recognition and respect of human rights and freedoms not due to discrimination
- to achieve “universal respect for an observance of human rights and fundamental
freedoms”
* yan yung gist pero baka ipa-enumerate yung articles galing sa UDHR na minention sa
chap 3
What documents compose the International Bill of Human Rights?
Ans: United Nations Charter, Universal Declaration on Human Rights, International
Covenant on Economic, Social and Cultural Rights, and International Covenant on
Civil and Political Rights
Name some of the fundamental human rights ad explain each briefly.
Ans: - Equal Protection of rights - human beings must have equal rights, no
discrimination
- Right to life, liberty and property -
- Right to Privacy - no arbitrary interference with his privacy, family,
home, communications, correspondence
- Freedom of speech, expression and religion - inviolable right to express one self
unless justifiably limited by the government
What international instruments have been adopted to serve as legally binding
treaties on the countries that ratified them?
Ans: International Covenant on Economic, Social and Cultural Rights and
International Covenant on Civil and Political Rights - both overseen by the UN
What are some of the hindrances or obstacles to the enforcement of the human
rights international instruments?
Ans: - War crimes
- authoritarian regimes headed by dictators
- Art. 2 par. 7 of UN Charter that gives no authority to the UN to investigate matters
happening within the domestic jurisdiction of the country/nation
What are the remedies to deal in the hindrances or obstacles in the enforcement of
human rights? Cite examples.
Ans: - implementing international treaties as local legislation
Chapter IV
Civil and Political Rights as Applied in the Philippines
CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE
PHILIPPINES
What are the main purposes of the economic rights? Cite examples and explain.
To promote high standard of living, full enjoyment and conditions of economic and
social progress and development.
What are the obligations of developed and industrialized countries towards Third
World Countries on economic, social and cultural rights?
State Parties are obliged to take steps, individually and through international
assistance and cooperation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full realization of the
rights recognized in the present covenant.
How should the State comply with the Covenant on Economic, Social and Cultural
Rights?
By incorporating in their constitution most of the rights enumerated in the
International Covenant in Economic, Social and Cultural Rights and implementation
of it through social legislation.
CHAPTER VI
HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS
Mention the persons or group of persons who are most vulnerable to violations of
human rights?
1. Women
2. Children
3. Youth
4. Indigenous Cultural Minorities
5. Muslim Population
6. Elderly
7. Disabled People
8. Mentally Disabled People
9. Prisoners and Detainees
10. Internally Displaced People
11. Migrant Workers
13. Urban Poor
14. Refugees and Stateless Persons
15. Laborers (Public, Private and Informal)
16. Rural Workers
17. Peasants and Fishermen
18. Houshelpers
What are the factors or reasons why they are vulnerable to violations of human
rights?
Due to their Origin, status and conditions.
Cite concrete examples of each sector.
1. Children (Children in Emergency Situations – Zones of Peace, children
recruited in Warfare, Children in Conflict with the Law, Child Labor ,Children of
Migrant Workers, Children of Indigenous Tribes and Transnational Children,
Children of Families with HIV, Children of Refugees Children as House helpers)
2. Women (Rape, sexually abused and exploited women)
3. Youth ( In- School Youth, Out-Of-School Youth, Working Youth and Special
Youth)
4. Elderly ( Senior Citizens, Abondoned elderly in home for the aged, those
belonging to poor families)
5. Disabled People (Deaf, mute, blind, incompent, cripple, pwds)
6. Mentally Disabled People ( physically and sexually abused persons)
7. Prisoners and Detainees (wrongfully convicted, juveniles)
8. Migrant Workers (OFWs)
9. Urban Poor ( street children, families in urban areas with incomes below the
poverty line, slums)
10. Internally Displaced People
11. Laborers (Public, Private and Informal)
12. Rural Workers
13. Peasants and Fishermen (Agri workers)
14. Houshelpers (even children)
Cite local laws enacted to assist those whose rights are vulnerable to human rights
violations.
1. The Philippine Constitution
The Revised Penal Code
The Labor Code
RA 7610 : Special Protection of Children Against Abuse, Exploitation and
Discrimination Act.
RA9262: Anti-Violence Against Women and Their Children Act of 2004
PD 60: Child and Youth Welfare Code
RA:8353:Anti- Rape Law
RA 8505: Rape victim assistance and Protection Act
RA 9775 : Anti-Child Pornography Act
RA 10175: Cyber Crime Prevention Act
RA 9995: Anti-Photo and Video Voyeurism Act
RA 9208: The Anti-Trafficking in Persons Act of 2003
Rules of the protection for Non-Combatants under Protocol I, Protection of victims of
non-international armed conflicts
RA 9344: Juvenile Justice and Welfare Act of 2006.
RA 7658: An Act Prohibiting the employment of Children below 15 years of age,
RA: 9231: An Act providing for Elimination of the worst Forms of Child Labor and
affording Stronger Protection for the Working Child
RA 10361: Domestic Workers Act or Batas Kasambahay
RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN
AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995
CHAPTER VII
DISCRIMINATION
Women
“The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men” (Art. II, Sec. 14)
“The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation” (Art. XIII, Sec. 14)
Religious Test
“No religious test shall be required for the exercise of civil or political rights” (Art III,
Sec. 5)
6. What particular groups of persons are usually discriminated against? Why?
Groups that are usually discriminated are women, children, cultural minorities, poor
people and other vulnerable sectors. It is because they are the groups who lack
knowledge about their rights. They are perceived to be weak that doesn’t have the
capacity to fight for their rights.
7. What is meant by religious discrimination? Give examples.
Declaration on All Forms of Intolerance and of Discrimination Based on Religion or
Beliefs provides that in religious discrimination, everyone should have the freedom
of thought, conscience and religion, that no one should be subjected to coercion,
which would impair his/her freedom to have a religion or belief of his/her own
choice.
EXAMPLE:
Religious test in the exercise of civil or political rights
Impediment to marriage on account of religion
Refusal to admit student on account of religion
8. Have you observed in your community any form of discrimination? Cite
concrete examples and state why you consider them discrimination.
Assistance given to poor people in government agencies, public offices (NBI, NSO,
LTO, etc,.)
ETC.
9. In what ways are the economically disadvantaged discriminated?
Economically disadvantaged do not enjoy equal opportunities on the availment of
government services and resources. In spite of the Land Reform Law, majority are
still landless, suffering from the landlord-tenancy relationship. Poor people are
discriminated against in many ways.
Chapter VIII
The Role of Non Governmental Organizations in the Promotion and Protection of
Human Rights
3. Mention some international NGOs and state activities they are engaged in on
human rights.
Amnesty International focus on providing legal aid and assistance victims of torture
and those wrongly convicted of crimes. Through their website they also promote
human rights by posting news that promote awareness on human rights violations.
4. What do you mean by NGOs as Ombudsmen?
NGOs function as Ombudsmen, safe-guarding human rights and calling the
attention of the government on violations through periodic reports, public
statements participation in the deliberations established by intergovernmental
organizations
NGOs stimulate public opinions and initiation on the foundation of foreign policy of
countries on matters concerning the violation of human rights.
5. Mention some of the NGOs in the Philippines and briefly discuss their roles in
protecting and promoting human rights.
Like Amnesty International, the Philippine Alliance of Human Rights Advocates
promote human rights by posting news and reports that promote awareness of
Human Rights violations.
The Medical Action Group, on the other hand, aside from posting news and reports,
the actively promote human rights by doing the following.
Organize/mobilize necessary resources for health services.
Maintain a resource center including books, manuals, audiovisuals and other
educational materials pertaining to health and human rights.
Publish a quarterly news magazine that carries news and information on the health
and human rights situation in the country and abroad.
Educate the beneficiaries on their right to health to help them participate in shaping
an alternative health care system.
Campaign for the abolition of torture as well as the welfare of the other beneficiaries.
Conduct fact-finding missions, exhumations and autopsy to victims of extrajudicial
executions.
Monitor the health condition of workers in the picket line or farmers on hunger
strike.
6. In what way or ways do they help the Commission on Human Rights on its
monitoring functions?
The Commission on Human Rights is mandated to conduct investigations on human
rights violations against marginalized and vulnerable sectors of the society,
involving civil and political rights. To accomplish its functions, the CHR accept
reports from NGOs on violations of Human Rights. Similar to the United Nations,
the CHR also consults NGOs to monitor and reinforce Human Rights.
Q: What sectors of the Philippine society should be educated first on human rights?
Why?
Commission on Human Rights identified the following sectors that should be
educated on Human Rights, which are, Military Personnel, Police Officers and other
Law Enforcement Agencies. The reason behind is that these government sectors are
the most prone to the violation of Human Rights.
Q: What methods are suggested for the teaching of human rights to school
students? To college students?To adult citizens in barangays?
CHR Human Rights Module
Situational Example of Human Acts and how could there be possible Human Rights
Violation
Question and Answer
Chapter X
REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS , TREATIES AND LAW
Q: What do you mean by remedies for enforcement of human rights?
For every right, there must be an effective remedy. These remedies are developed by
the law making bodies in which people may use to seek proper course of action in
the event that their human rights have been violated.
Q: What are the forms of remedies available to human rights victims through:
United Nations Systems
Optional Protocol to International Covenant on Civil and Political Rights adopted in
1966 (Ratified by the Philippines on August 22, 1989).
The International Covenant on Elimination of all Forms of Racial Discrimination
(Ratified by the Philippines on September 15, 1967).
Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or
Punishment (Ratified on June 18, 1986).
1503 Procedure
Through International Tribunals
International Criminal Tribunal for Violations of Humanitarian Law
International Criminal Court (ICC) Rome Statute
Through National or Domestic Tribunals
Governed by Local State Policies
Q: Briefly state the jurisdiction and functions of the International Criminal Court.
The jurisdiction will only take effect after a state becomes a party and after the entry
into force of the Statute.
Only until then that the ICC can exercise its jurisdiction.
It has the power to try individuals who violated international humanitarian law even
if committed in an internal war. Examples are:
Killing fields in Cambodia, Rwanda, Somalia and Sudan and recently the Ethnic
cleansing in Yugoslavia.
The State Consent has no power in this jurisdiction.
A Military commander shall be criminally responsible for the crimes committed by a
person pursuant to an order of the Government
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection;
(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine
the truth in any investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
Jurisdiction
It cannot take up a case on its own initiative. Notably, the person, group or
non-governmental organization submitting the complaint (“the applicant”) does not
have to be a citizen of a State Party.
However, complaints submitted to the Court must concern violations of the
Convention allegedly committed by a State Party to the Convention and that directly
and significantly affected the applicant. As of March 2014, 47 States have ratified the
Convention. Some of these States have also ratified one or more of the Additional
Protocols to the Convention, which protect additional rights.
To submit a complaint, an application form which is available online must be filled
out in its entirety and copies of all relevant documents must be included along with
the application, which must be submitted by postal mail.
The Court's chamber decides both issues regarding admissibility and merits of the
case. Generally, both these issues are dealt with in the same judgment. In final
judgments, the Court makes a declaration that a contracting state has violated the
Convention, and may order the contracting state to pay material and/or moral
damages and the legal expenses incurred in domestic courts and the Courtin bringing
the case. The Court's judgments are public and must contain reasons justifying the
decision. Article 46 of the Convention provides that contracting states undertake to
abide by the Court's final decision. On the other hand, advisory opinions are, by
definition, non-binding. The Court, under the Convention, has no jurisdiction to
annul domestic laws or administrative practices which violate the Convention.
The Committee of Ministers of the Council of Europe is charged with supervising
the execution of the Court's judgments. The Committee of Ministers oversees the
contracting states' changes to their national law in order that it is compatible with the
Convention, or individual measures taken by the contracting state to redress
violations. Judgments by the Court are binding on the respondent states concerned
and states usually comply with the Court's judgments.
Friendly Settlement
Prior to a decision on the merits, the Court will try to facilitate the arrangement of a
friendly settlement. If a friendly settlement cannot be reached, the Court will then
deliver a judgment on the merits. In instances where the Chamber hearing the case
decides to issue an admissibility decision in conjunction with a judgment on the
merits, then the Parties may include information about friendly settlements in the
observation they submit to the Court.
Interim Measures
In exceptional cases, the Court may grant applicants “interim measures,” which are
designed to protect the applicant from further harm while the case proceeds before
the Court. Requests for interim measures are only granted when there is an
imminent risk of irreparable harm such as death or torture. They are most often
granted in extradition and deportation cases.
47 Member States
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Republic of Moldova
Monaco
Montenegro
Albania
Andorra
Armenia
Austria
Azerbaijan
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
San Marino
Serbia
Slovak Republic
Slovenia
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Local Remedies in the Philippines
1. Commission on Human Rights (ART. XIII)
CHR Composed of:
Chairman
4 Members
Qualifications:
Natural-born citizen
Majority must be members of the Bar
Others provided by law
Powers & Functions:
Investigate violations of human rights including civil and political rights. (Cariño v
CHR)
Adopt operational guidelines
Provide appropriate legal measures for all persons within Philippinesas well as
Filipinos residing abroad.
Visitorialpowers over jails
Establish continuing program of research on human rights
Recommend to Congress effective measures of promotion of HR (EPZA v CHR)
Monitor Government’s compliance
Grant immunity from prosecution
Request assistance from any agency
Appoint its officers
Perform other functions
Impact or Significance:
Forms part of customary international law
Cause Government to rethink/rewrite Constitution and acknowledge the rights laid
down by the UDHR
Adoption of International Covenants which are binding
International Agreements / Major Treaties or Convention
Reference of several laws and statutes across nations
Adopted by the United Nations General Assembly on 16 December 1966 and entered
into force on 3 January 1976.
Second Generation Rights
One of the most important United Nations (UN) human rights treaties (multilateral
treaty)
Crucial to enable people to live with dignity. CP and ESC: Indivisible and
interrelated
Reliant on resources
5 Parts
Part 1 (Article 1) recognizes the right of all peoples to self-determination
Part 2 (Articles 2–5) establishes the principle of "progressive realization“
- It acknowledges that some of the rights (for example, the right to health) may be
difficult in practice to achieve in a short period of time, and that states may be subject
to resource constraints, but requires them to act as best they can within their means.
Part 3 (Articles 6–15) lists the rights themselves. These include rights to work, under
"just and favorable conditions", with the right to form and join trade unions (Articles
6, 7, and 8); social security, including social insurance (Article 9); family life,
including paid parental leave and the protection of children (Article 10); an adequate
standard of living, including adequate food, clothing and housing, and the
"continuous improvement of living conditions" (Article 11); health, specifically "the
highest attainable standard of physical and mental health" (Article 12); education,
including free universal primary education, generally available secondary education
and equally accessible higher education. This should be directed to "the full
development of the human personality and the sense of its dignity”, and enable all
persons to participate effectively in society (Articles 13 and 14); participation in
cultural life (Article 15).
Part 4 (Articles 16–25) governs reporting and monitoring of the Covenant and the
steps taken by the parties to implement it. It also allows the monitoring body –
originally the United Nations Economic and Social Council – now the Committee on
Economic, Social and Cultural Rights to make general recommendations to the UN
General Assembly on appropriate measures to realize the rights (Article 21)
Part 5 (Articles 26–31) governs ratification, entry into force, and amendment of the
Covenant.
ARTICLE III
BILL OF RIGHTS
PROTECTED RIGHTS
Right to life
The constitutional protection of the right to life is not just a protection of the right to
be alive or to the security of one’s limb against physical harm. The right to life is the
right to a good life.
Right to property
Protected property includes all kinds of property found in the Civil Code.
SECTION 10 – CONTRACTS
** Not all impairment of the substance of a contract violates the Constitution. A valid
exercise of police power is superior to the obligation of contracts.
** The government cannot prejudice private rights without due process.