Human Rights Flashcards
Rights that are inherent to all human beings w/o discrimination on basis of race, ethnicity, religion or belief
Human Rights
Sum of individual and collective rights that the state recognized through national legislation and international Community
Human Rights
Laws that legally guarantee human rights to each and every individual
Human Rights Law
Categories of Human Rights
- Civil Rights
- Economic, Social, and Cultural rights
- Solidarity/Cultural rights
Basic Characteristics of Human Rights (5 I’s, U, F)
- Inherent
- Inalienable
- Imprescriptible
- Indivisible
- Interdependent
- Universal
- Fundamental
Sources of Human Rights
- Customary International Law
2. Treaty Law - agreements
a theory states that individual enter society with certain basic rights
Theory of Natural Rights
Human rights completely depend on the recognition of the States and institution
Theory of Legal Rights
States that rights of human beings are not created by the state but the product of historical evolution of humans
Historical Theory of Rights
Believes that human rights are created by society based on and in consideration of the common welfare of human beings
Social Welfare Theory
Also known as Personality Rights Theory, suggest that human rights are the external factors affecting the internal and real development of an individual. It treats that the right to Personality as a supreme and absolute right
Idealistic Theory of Rights
A democratic and ethical life stance that affirms that human beings have the right to give meaning to their own lives
Humanist
Used to describe theories, methods, and situations in resolving opposing factors
Dialectal
View on human rights have been born one after the other out of agreement of individuals and ruler of the states
Western View
Religion and Politics as one of the most influential factors affecting human rights view on East
Eastern View
Human rights are not conferred to an individual by its nature but a product of the processes that played a role in history with individuals who wanted to end the communist classes in the society
Socialist View
View on human rights originate from ideas of Mercy, kindness to others, and pity on human beings.
Religious View
Golden Rule
Do not do unto others what you do not want others do unto you
Reform established racial equality including religious freedom for all people of Persian Empire
Cyrus Cylinder
Also known as Great Charter signed by King John of England; that everybody is subject to law
Magna Carta
Sent by English Parliament to the King of England, King Charles I. Petition was initiated by Sir Edward Coke
Petition of Right
Protects the freedom of speech and opinions of people and their right to voice out themselves. Also protects religious freedom, as every individual has the right to choose and practice his or her choses of religions and beliefs.
Bill of rights
Was established in 1945 for the maintenance of international peace and prevention conflicts.
The United Nations
4 essential freedom according to Pres. Franklin Roosevelt
- Freedom of Speech
- Freedom of Religion
- Freedom from want
- Freedom from fear
What year does martial law occurred under Marcos administration?
1972
It was a drafter after the end of Marcos Regime, under the new administration of late President Cory Aquino
1987 Philippine Constitution
Its mission was to promote equal treatment and opportunity among Filipinos, to provide a life of dignity, and to protect against abuse and oppression
Commission on Human Rights
Considered as an international version of Magna Carta, which dictates how government should treat their people.
Universal Declaration of Human Rights
It was incorporated into the Constitutions of more than 185 nationd that are members of United Nation
Principles of UDHR
The year when UDHR was adopted by United Nation General Assembly
1948
Earlier called as “natural rights law” or “ fundamental rights of man”
Human Rights
The first to use the term human rights
Thomas Pine
Killing of a person by authorities without judicial sanctions
Extra-Judicial Killing
Essentially placing civil functions under military control for specific reasons such as lawless violence, invasion, or rebellion
Martial Law
Martial Law in Mindanao date
May 23, 2017
Formal agreements, which are legally binding on contracting states and also referred as treaty
Conventions
A United Nations agency responsible for promoting and protection of Human Rights
UN Human Rights Office of the High Commissioner
Adopted on December 21 1965 this convention upholds that “the existence of racial barriers is repugnant to the ideals of any human society”
International Convention on the elimination of All forms of Racial Discrimination
Any distinction, exclusion, restriction, or preference based on race, color, descent, national or ethnic origin
Racial Discrimination
Adopted on December 16 1966 ensuring the equal rights of men and women to the enjoyment of all economic, social, and Cultural rights
International Convention on Economic, Social and Cultural rights
Adopted on December 16 1966 states that “ by virtue of that rights they freely determine their political status and freely determine their political status and freely pursue their economic, social, and cultural development
International Convention on Civil and Political Rights
Adopted on December 18 1979 upholds the equality of rights of men and women in line with existing international covenants of human rights.
Convention on the Elimination of all forms of discrimination against women
Adopted on December 10 1984 this convention anchored on the UDHR and ICCPR and it upholds that “no one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment”
Convention against Torture and other Cruel, Inhuman, Or degrading Treatment or Punishment (CAT)
Everyone is entitled equal protection of the law, without discrimination on any grounds, and especially against violence and other threats
Equal Protection
Treat all citizens and victims of crime with compassion and respect, with utmost consideration for their need for safety and privacy
Respectful Treatment
Do not use force, except when strictly necessary and to the minimum extent required under the circumstances
Use of force
State Obligations in Human Rights
To respect
To protect
To fulfill
A peace officer or private person may, without a warrant, arrest a person:
In Flagrante Delicto
Hot Pursuit
Escape Prisoner
Sec. 5 Rule 113 of Rules of court
Is an independent human rights institution created under the 1987 Philippine Constitution, established on May 5 1987 by virtue of Executive Order No. 163
Commission on Human Rights
Mandates Congress to give highest priority to the enactment of measures that protect and enhance the right of people
Sec 1 of Art. 13 1987 Phil Cons
Binding on all states and their agents, including law enforcement officials
International Human Rights Law
Any act committed with intent to cause severe pain or suffering
Torture
Enforced or Voluntary Disappearance
Desaparecidos
Deprivation of liberty without lawful reason or due process by an act of government or its agent
Arbitrary Arrest and Detention
A person deprived of liberty by means other than conviction
Detainee
A person deprived of liberty as a result of conviction of an offense
Prisoner
Defined as person owing a well-founded fear of persecution on grounds of race, religion, nationality, and membership in a particular group
Refugee
are persons who,
individually or collectively, have suffered
harm, including physical or mental injury,
emotional suffering, economic loss, or
substantial impairment of their fundamental
rights through acts or omissions that are in
violation of criminal laws operative within the
state.
Victim of Crime
persons who, individually or collectively,
have suffered harm, including physical or
mental injury, emotional suffering, economic
loss, or substantial impairment of their
fundamental rights through acts or omissions
that are in violation of internationally
recognized human rights norms.
Victims of Human Rights Violations
Is undertaken through
surveillance, interview of persons with
knowledge of facts directly or indirectly
connected with the offense, entrapment
operations, search and seizure and arrest,
interrogation of suspects in police custody,
and gathering of physical evidence in case.
Investigation
Latin for “on his own
response”, describes an official act taken
without a formal request from another party.
Motu Proprio
defined custodial
investigation as any questioning initiated by
law enforcement officers after a person has
been taken into custody or otherwise
deprived of his freedom of action in any
significant way.
Miranda v. Arizona
– the Philippine Law governing
human rights under custodial investigation,
includes in the concept of custodial
investigation the practice of issuing an
invitation to a person who is investigated in
connection with an offense he is suspected
to have committed, without prejudice to the
liability of the inviting officer for any violation
of the law.
R.A 7438
stated in the Article III of the
1987 Philippine Constitution
Bill of rights
no person shall be deprived of
life, liberty, and property without due process
of law, nor shall be denied the equal
protection of the laws
Section 1
The right of the people to be
secure in their persons, houses, papers, and
effects against unreasonable searches and
seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue
except upon probable cause to be
determined personally by the judge after
examination under oath or affirmation of the complainant…
Section 2
The privacy of communication
and correspondence shall be inviolable
except upon lawful order of the court, or
when public safety or order requires
otherwise, as prescribed by law. (2) Any
evidence obtained in violation of this or the
preceding section shall be inadmissible for
any purpose in any proceeding.
Section 3
No law shall be passed
abridging the freedom of speech, of
expression, or of the press, or the right of the
people peaceably to assemble and petition
the government for redress of grievances.
Section 4
No law shall be made respecting
an establishment of religion, or prohibiting
the free exercise thereof. The free exercise
and enjoyment of religious profession and
worship, without discrimination or preference,
shall forever be allowed. No religious test
shall be required for the exercise of civil or
political rights.
Section 5
The liberty of abode and of
changing the same within the limits
prescribed by law shall not be impaired
except upon lawful order of the court. Neither
shall the right to travel be impaired except in
the interest of national security, public safety,
or public health, as may be provided by law
Section 6
The right of the people to
information on matters of public concern
shall be recognized. Access to official
records, and to documents and papers
pertaining to official acts, transactions, or
decisions, as well as to government research
data used as basis for policy development,
shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 7
The right of the people, including
those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law
shall not be abridged.
Section 8
Private property shall not be
taken for public use without just
compensation.
Section 9
No law impairing the obligation
of contracts shall be passed.
Section 10
Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person
by reason of poverty.
Section 11
Any person under
investigation for the commission of an
offense shall have the right to be informed of
his right to remain silent and to have
competent and independent counsel
preferably of his own choice. If the person
cannot afford the services of counsel, he
must be provided with one. These rights
cannot be waived except in writing and in the
presence of counsel. (2) No torture, force,
violence, threat, intimidation, or any other
means which vitiate the free will shall be
used against him. Secret detention places,
solitary, incommunicado, or other similar
forms of detention are prohibited. (3) Any
confession or admission obtained in violation
of this or Section 17 hereof shall be
inadmissible in evidence against him. (4) The
law shall provide for penal and civil sanctions
for violations of this section as well as
compensation to and rehabilitation of victims
of torture or similar practices, and their
families.
Section 12
All persons, except those
charged with offenses punishable by
reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable
by sufficient sureties, or be released on
recognizance as may be provided by law.
The right to bail shall not be impaired even
when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall
not be required
Section 13
No person shall be held to answer for a criminal offense without due process of law.(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.
Section 14
The privilege of the writ of
habeas corpus shall not be suspended
except in cases of invasion or rebellion
when the public safety requires it.
Section 15
All persons shall have the
right to a speedy disposition of their
cases before all judicial, quasi-judicial, or
administrative bodies
Section 16
No person shall be
compelled to be a witness against
himself.
Section 17
No person shall be
detained solely by reason of his political
beliefs and aspirations. (2) No
involuntary servitude in any form shall
exist except as a punishment for a crime
whereof the party shall have been duly
convicted.
Section 18
Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 19
No person shall be
imprisoned for debt or non-payment of a
poll tax
Section 20
- No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
Section 21
No ex post facto law or bill
of attainder shall be enacted.
Section 22
body of knowledge focused
on the study of human behavior, cognition,
and effect
Psychology
“Application of
psychology to promote human rights, health,
well-being, and dignity
Human Psychology
this is a branch of psychology focused on diverse experiences and characteristics of people across the life span
Developmental Psychology
this is a branch of psychology focused on differentiating the normal from the psychopathological and in setting criteria to enable such differentiation.
Abnormal Psychology
This is a branch
of psychology preoccupied with
human interaction and human
behavior in groups.
Social Psychology
this is a
branch of psychology focused on
human’s political attitude and
decision-making.
Political Psychology
this is a branch
of psychology that aims to theorize
and develop interventions to ease out
discrimination, violence, and conflicts.
Peace Psychology
A psychological
condition that emerges from an exposure to
a catastrophic experience of calamity or
violence
Psychological Trauma
An area in victimology
which explores resilience among victims that
contribute to healing
Survivorology
hich includes the
study of victims of disasters, accidents, and
wars
General Victimology
which views of
victims are from a criminological and legal
lens, thus within the confines of criminal law
Penal Victimology
This is a crime victim who does not
have any contribution to the crime
and does not have any responsibility
to his or her victimization.
Completely innocent crime victim
This is a crime victim who carelessly places oneself in a dangerous situation by haying a lifestyle that poses higher risk for danger
Crime victim with minor guilt -
This refers to a crime victim who is
as guilty as the offender because
both have agreed to engage in a
dangerous exercise.
Crime victim as guilty as offender
This is a crime victim who
triggered a crime
Crime victim more guilty than
offender -
This is a
crime victim who is guilty of a crime.
Most guilty crime victim -
potential
victims due to their lack of experience
and yet developing cognitive and
socio-emotional faculties.
Young Victim
are potential victims due to the generally prevailing, but not necessarily true notion that they are weak and, thus, must subject themselves to the decisions of men.
Female Victims
are potential
victims due to their failing health and
physical strength.
Old people
potential victims because of
language and cultural barriers.
Immigrants
in this
context, is a general term used by
Von Hentig to pertain to individuals
with deep emotional troubles
Depressed victim
people with cognitive and other forms
of psychological disorder tend to be
potential victims, especially when
they are not in a lucid state.
Mentally defective/derange victim
People who have a
great desire to acquire material
possessions may tend to be potential victims of scams and other mass-
marketing fraud.
The acquisitive
refer to people
with normal mental processes but
with low intellectual ability, which is
required to comprehend situations.
Dull normals
pertains to racially discriminated groups as minority. Groups that are generally prejudiced by the public also tend to be victims of hate crimes
Minorities
pertains to
sexually promiscuous individuals
Wanton
According to Von Hentig, people who are lonely, grieving, or mourning such as bereaved families, widows, or widowers may tend to be prone to abuse, manipulation, and other forms of deceit, as they yearn for connection, validation, and social intimacy.
Lonesome and heartbroken
People who are abusive
are potential victims when the ones
they are oppressing retaliate
Tormentor
People who are blackmailed tend to be at risk, especially that they are constrained, by manipulation, to approach law enforcers.
The blocked, exempted, and
fighting
anch of the
government that puts forward judicial
reforms in order to protect human rights in
the country.
Philippine Judiciary
is a tripartite organization that started
working with the Philippines in 1994. Its
vision is “to promote rights at work,
encourage decent employment opportunities,
enhance social protection and strengthen
dialogue on work-related issues.
The International Labor Organization (ILO)
- “a group of people or
homogenous societies identified by self-
ascription and ascription by others, who have
continuously lived as organized community
on communally bounded and defined
territory, and who have, under claims of
ownership since time immemorial, occupied,
possessed and utilized such territories,
sharing common bonds of language,
customs, traditions and other distinctive
cultural traits, or who have, through
resistance to political, social and cultural inroads of colonization, non-indigenous
religions and cultures, became historically
differentiated from the majority of Filipinos”
(IPRA. 1997)
Indigenous People
also known as the
“Indigenous peoples Rights Act” (or IPRA),
which recognized the right of indigenous
peoples to manage their ancestral domains
Republic Act 8371
refers to
the process of change to meet the needs of
the people without lessening the potential for
meeting their future needs, the needs of
other societies, and those of future
generations.
Sustainable development
