Professional Documents
Culture Documents
Chapter I
GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS
Classified to:
A. According to source - natural rights, constitutional
rights, statutory rights
B. According to recipient - individual rights, collective
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
Chapter III
The International Bill of Human Rights
Chapter IV
Civil and Political Rights as Applied in the Philippines
CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE
PHILIPPINES
Lex Libris
What is meant by “public interest and social litigation?”
It’s the actions or remedies to enforce and implement
Economic, Social and Cultural rights. Must be accessible to
all people, should be simple and at the minimum cost. Free
from technical forms of pleadings, rules of procedure in said
cases should be relaxed and socio-legal fact finding bodies
should be appointed to determine facts in issue.
CHAPTER VI
HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS
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)
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?
Chapter VIII
The Role of Non Governmental Organizations in the Promotion
and Protection of Human Rights
Chapter X
REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS , TREATIES AND 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.
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.
47 Member States
Ireland
Italy
Latvia
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
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
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
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.
Republic v Bermudez-Lorino
Digested by Lex - February 15, 2018
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