1st exam Flashcards
It protects every individual from the arbitrary exercise of police power
purpose of first generation
inherent power of the state to promote public welfare by restraining or regulating the rights of individual
Police power
What are the different public welfare
- Public health
- Public Safety
- Public Order
- General welfare of the public
Three inherent power of the state
- Police power
- Power of eminent domain
- Power of taxation
Two kinds of person
- Natural person- biologically created and have dignity
- Juridical person- persons only by operation of law (50yrs renewal)
Process of taking property for public use
Expropriation
Section and article that created the CHR
Section 17, Article XIII
Section that provides the power of CHR
Section 18, Article XIII
This generation of rights include the right to work, education, economic benefits
2nd Generation
Rights intended to benefit individuals or group and its realization will need global cooperation based on international solidarity
3rd Generation
Characteristics that means ‘you have it the moment you born
Inherent
Characteristics that means ‘beyond the commerce of man’ or ‘rights cannot be sell or donate’
Inalienable
Characteristics that means ‘can be applied to all regardless of nationality, ethnicity, gender or any other status’
Universal
Characteristics of Human Rights
- Inherent
- Inalienable
- Universal
4 components of human rights
- Right Holder
- Duty holder
- Object
- Implementation
Individuals, persons, groups of persons entitled to human rights. They are the ones who can take legal action in cases of violation of these rights. Refers only to Natural person
Right holder
These are entities that have the obligation to respect,promote, and protect human rights. E.g. State
Duty holder
Content of any given rights, it is the substantive law that recognizes your rights
Object
Measures and methods taken by the duty holder to respect, promote and protect human rights
Implementation
2 kinds of law
- Domestic law
- International law
All laws that are made by the legislative dept or municipal ordinances (has penalty and sanctions)
Domestic law
Not a law but rather a treaty or international agreements (no penalty imposed)
International law
Sources of human rights
- 1897 - Biak na bato
- 1899 - Malolos
- 1935- Commonwealth
- 1943- during Japanese
- 1973- Authoritarianism “martial law”
- 1986- Freedom Consti
- 1987-
Constitution that established PH as a sovereign state
1897 Constitution “Biak na Bato”