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HUMAN RI G
A L L A W A N D
CRIMIN
JURIS P RU D E N C E
HUMAN RIGHTS
• ACCORDING TO SOURCE
• ACCORDING TO RECIPIENT
• ACCORDING TO ASPECT OF LIFE
• ACCORDING TO DEROGABILITY
ACCORDING TO SOURCE
• HOLOCAUST- ALSO KNOWN AS THE SHOAH, WAS THE GENOCIDE OF EUROPEAN JEWS
DURING WORLD WAR II. BETWEEN 1941 AND 1945, NAZI GERMANY AND ITS
COLLABORATORS SYSTEMATICALLY MURDERED SOME SIX MILLION JEWS ACROSS
GERMAN-OCCUPIED EUROPE.
EXAMPLE OF VIOLATION OF HUMAN RIGHTS
• LOUIE SORIAO WAS A HIGH SCHOOL STUDENT IN THE SUB PROVINCE OF DINALUNGAN,
AURORA (S.Y. 1993 TO 1994). DUE TO HIS REPUTATION OF TALKING BACK TO SCHOOL
AUTHORITY DURING THE PAST YEARS, HE WAS REFUSED READMISSION TO COMPLETE
HIS FOURTH AND FINAL YEAR OF HIS SCHOOL THROUGH VERBAL NOTICE NOT TO
READMIT. SORIAO QUESTIONED THE NOTICE, AVERRING THAT HE WAS DEPRIVED OR A
HEARING ON THE MATTER THUS THE VERBAL NOTICE WAS A DENIAL OF HIS RIGHT TO
DUE PROCESS. THE ADMINISTRATION IGNORED THE STUDENTS PLEA TO RECONSIDER
ITS DECISION TO DENY HIM READMISSION CLAIMING, “IT WAS THEIR PREROGATIVE.”
SEEKING FURTHER REMEDIES TO NO AVAIL, SORIAO FILED A PETITION FOR CERTIORARI
TO THE CA.
EXAMPLE OF VIOLATION OF A HUMAN RIGHT
• TWO OF THE KEY VALUES THAT LIE AT THE CORE OF THE IDEA OF HUMAN
RIGHTS ARE HUMAN DIGNITY AND EQUALITY.
• FREEDOM: BECAUSE THE HUMAN WILL IS AN IMPORTANT PART OF HUMAN
DIGNITY. TO BE FORCED TO DO SOMETHING AGAINST WILL DEMEANS THE
HUMAN SPIRIT.
NON-STATE ACTORS OF HUMAN RIGHTS
• NON-STATE ACTORS INCLUDE ORGANIZATIONS ARE INDIVIDUALS THAT ARE NOT AFFILIATED WITH,
DIRECTED BY, OR FUNDED THROUGH THE GOVERNMENT. THESE INCLUDES CORPORATIONS, PRIVATE
FINANCIAL IINSTITUTIONS, AND NGOS.
• HUMAN RIGHTS OF OTHERS IN THE PRIVATE SPHERE NEEDS TO BE ADDRESSED ALSO; NON-STATE
ENTITIES ARE OBLIGED, AS A MINIMUM, TO COMPLY.
• WHENEVER POWER IS EXERCISED, THERE IS THE RISK THAT IS USED IN AN UNRESTRICTED MANNER
VIOLATING THE HUMAN RIGHTS OF INDIVIDUAL.
INTERNATIONAL BILL OF HUMAN RIGHTS
•THE INTERNATIONAL BILL OF HUMAN RIGHTS CONSISTS OF THE FIVE CORE MAIN TREATIES;
•A. UNIVERSAL DECLARATION OF HUMAN RIGHTS
•B. INTERNATIONAL COVENANT ON ECONOMIC , SOCIAL AND CULTURAL RIGHTS
•C. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
•D. OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
•E. SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL
RIGHTS, AIMING AT THE ABOLITION OF THE DEATH PENALTY.
•PURPOSE: THE PROMOTION AND ENCOURAGEMENT OF RESPECT FOR HUMAN RIGHTS AND FOR
FUNDAMENTAL FREEDOMS FOR ALL WITHOUT DISTINCTION AS TO RACE, SEX, LANGUAGE, OR
RELIGION.
UNIVERSAL DECLARATION OFHUMAN RIGHTS
• ONE OF THE FIVE CORE MAIN TREATISE OF THE INTERNATIONAL BILL OF THE HUMAN RIGHTS. IT IS AN
INTERNATIONAL DOCUMENT WHICH ARTICULATES 30 FUNDAMENTAL RIGHTS AND FREEDOMS FOR ALL
(RIGHT TO LIFE, RIGHT AGAINST SLAVERY, RIGHT TO EDUCATION, ETC.)
• THE DECLARATION WAS PROCLAIMED BY THE UNITED NATIONS GENERAL ASSEMBLY IN PARIS ON
DECEMBER 10,1948 THROUGH GENERAL ASSEMBLY RESOLUTION 217.
UN COMMISON ON HUMAN RIGHTS
• COMPOSED OF 43 MEMBERS
• DEALS WITH ALL ASPECTS OF THE HUMAN ISSUES INVOLVING PARTICIPATION OF ALL
SECTORS OF THE INTERNATIONAL COMMITTEE
• IT INVESTIGATES AND, WHERE WARRANTED, TRIES INDIVIDUALS CHARGED WITH THE GRAVEST CRIMES
OF CONCERNS TO THE INTERNATIONAL COMMUNITY: GENOCIDE, WAR CRIMES, CRIMES AGAINST
HUMANITY AND CRIME OF AGGRESSION.
• WAR CRIMES, OR GRAVE BREACHES OF THE LAWS OF WAR, WHICH INCLUDE THE
GENEVA CONVENTIONS;
• IT IS A SET OF RULES WHICH SEEK, FOR HUMANITARIAN REASON, TO LIMIT THE EFFECTS OR
ARMED CONFLICT. IT PROTECTS PERSONS WHO ARE NOT OR ARE NO LONGER
PARTICIPATING IN THE MEANS AND METHODS OF WARFARE. IT IS ALSO KNOWN AS THE
LAW OF WAR OR THE LAW OF ARMED CONFLICT WHICH REGULATES THE CONDUCT OF
WARFARE.
THE UN AND INTERNATIONAL CONVENTIONS OF
PRISONERS OF WAR, AND IN CONFLICT AREAS
• 1. THE POWS CANNOT BE COMPELLED TO GIVE ANY INFORMATION OTHER THAN THEIR
NAME, RANK, AGE AND SERVICE NUMBER.
• 3. A POW MUST BE ALLOWED TO KEEP WITH HIS ALL PERSONAL POSSESSIONS WHICH
DOES NOT INCLUDE ARMS AND MILITARY PAPERS.
• WHEN JUSTIFIED BY THE EXTREME GRAVITY OF THE CRIME, OR WHEN CRIME RESULTS
IN DEATH OR SERIOUS PHYSICAL INJURY, OR CONSTITUTES RAPE, THE PENALTY
RECLUSION PERPETUA AND A FINE RANGING FROM PHP500,000.00 TO
PHPI.000,000,00 SHALL BE IMPOSED.
• SEC.17. JURISDICTION.- THE STATE SHALL EXERCISE JURISDICTION OVER PERSONS,
WHETHER MILITARY OR CIVILIAN, PROVIDED, ANY ONE OF THE FOLLOWING CONDITIONS
IS MET:
• (C) THE ACCUSED HAS COMMITTED THE SAID CRIME AGAINST A FILIPINO CITIZEN.
HUMAN RIGHTS LEGAL FRAMEWORK IN THE PHILIPPINES
• PHILIPPINES SIGNATORIES TO 8 UN CORE HUMAN RIGHTS TREATIES;
• 3. THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN OR (CEDAW),
• 4. THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OF PUNISHMENT OR (CAT),
• 7. THE INTERNATIONAL CONVENTION ON THE PROTECTION ON THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR
FAMILIES OR (CMW),