SALINAS, I.

Jericho 2/10/23
BSCRIM 3A
CA 321

Exercise No.1

1. Define Human Rights and Briefly discuss its basic characteristic.

Ans:

Human rights are universal and inalienable; indivisible; interdependent and

interrelated. They are universal because everyone is born with and possesses the same
rights, regardless of where they live, their gender or race, or their religious, cultural or
ethnic background.

CHARACTERISTIC

Equality and Non-discrimination: All individuals are equal as human beings and by
virtue of the inherent dignity of each human person. No one, therefore, should suffer
discrimination on the basis of race, colour, ethnicity, gender, age, language, sexual
orientation, religion, political or other opinion, national, social or geographical origin,
disability, property, birth or other status as established by human rights standards.

Interdependence: Human rights are interdependent. Each one contributes to the

realization of a person’s human dignity through the satisfaction of his or her
developmental, physical, psychological and spiritual needs.

Equality and Non-discrimination: All individuals are equal as human beings and by
virtue of the inherent dignity of each human person. No one, therefore, should suffer
discrimination on the basis of race, colour, ethnicity, gender, age, language, sexual
orientation, religion, political or other opinion, national, social or geographical origin,
disability, property, birth or other status as established by human rights standards.

Fairness: All people have the right to participate in and access information relating to
the decision-making processes that affect their lives and well-being.

2. What are the sources of Human Rights Law? Enumerate and comprehensively
discuss each.

Ans:

The foundation documents of human rights law are the Universal Declaration of
Human Rights (UDHR, 1948), the International Covenant on Civil and Political
Rights (ICCPR, 1966) and its Optional Protocol, and the International Covenant on
Economic, Social and Cultural Rights (ICESCR, 1966).
Universal Declaration of Human Rights (UDHR, 1948)

It declares that human rights are universal – to be enjoyed by all people, no matter
who they are or where they live. The Universal Declaration includes civil and political
rights, like the right to life, liberty, free speech and privacy.

International Covenant on Civil and Political Rights (ICCPR, 1966)

It enables people to enjoy a wide range of human rights, including those relating to:

 freedom from torture and other cruel, inhuman or degrading treatment or

punishment

 fair trial rights

 freedom of thought, religion and expression

 privacy, home and family life

 equality and non-discrimination

International Covenant on Economic, Social and Cultural Rights (ICESCR,

1966)

It unite women and men, migrants and indigenous people, youth and elders, of all
races, religions, political orientations, and economic and social backgrounds, in a
common realization of universal human freedom and dignity.

3. What are the Rights of a person during custodial investigation? Explain and briefly
discuss.

Ans:

The person under custodial investigation state the Miranda Doctrine means that prior
to questioning during custodial investigation, the person must be warned that he has
the right to remain silent, that any statement he gives may be used as evidence against
him, and that he has the right to the presence of an attorney, either retained or
appointed.