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CLJ 2022 Reviewer > Human Rights > Flashcards

Human Rights Flashcards

1
Q

Rights that are inherent to all human beings w/o discrimination on basis of race, ethnicity, religion or belief

A

Human Rights

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2
Q

Sum of individual and collective rights that the state recognized through national legislation and international Community

A

Human Rights

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3
Q

Laws that legally guarantee human rights to each and every individual

A

Human Rights Law

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4
Q

Categories of Human Rights

A
  1. Civil Rights
  2. Economic, Social, and Cultural rights
  3. Solidarity/Cultural rights
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5
Q

Basic Characteristics of Human Rights (5 I’s, U, F)

A
  1. Inherent
  2. Inalienable
  3. Imprescriptible
  4. Indivisible
  5. Interdependent
  6. Universal
  7. Fundamental
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6
Q

Sources of Human Rights

A
  1. Customary International Law

2. Treaty Law - agreements

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7
Q

a theory states that individual enter society with certain basic rights

A

Theory of Natural Rights

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8
Q

Human rights completely depend on the recognition of the States and institution

A

Theory of Legal Rights

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9
Q

States that rights of human beings are not created by the state but the product of historical evolution of humans

A

Historical Theory of Rights

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10
Q

Believes that human rights are created by society based on and in consideration of the common welfare of human beings

A

Social Welfare Theory

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11
Q

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

A

Idealistic Theory of Rights

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12
Q

A democratic and ethical life stance that affirms that human beings have the right to give meaning to their own lives

A

Humanist

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13
Q

Used to describe theories, methods, and situations in resolving opposing factors

A

Dialectal

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14
Q

View on human rights have been born one after the other out of agreement of individuals and ruler of the states

A

Western View

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15
Q

Religion and Politics as one of the most influential factors affecting human rights view on East

A

Eastern View

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16
Q

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

A

Socialist View

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17
Q

View on human rights originate from ideas of Mercy, kindness to others, and pity on human beings.

A

Religious View

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18
Q

Golden Rule

A

Do not do unto others what you do not want others do unto you

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19
Q

Reform established racial equality including religious freedom for all people of Persian Empire

A

Cyrus Cylinder

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20
Q

Also known as Great Charter signed by King John of England; that everybody is subject to law

A

Magna Carta

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21
Q

Sent by English Parliament to the King of England, King Charles I. Petition was initiated by Sir Edward Coke

A

Petition of Right

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22
Q

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.

A

Bill of rights

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23
Q

Was established in 1945 for the maintenance of international peace and prevention conflicts.

A

The United Nations

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24
Q

4 essential freedom according to Pres. Franklin Roosevelt

A
  1. Freedom of Speech
  2. Freedom of Religion
  3. Freedom from want
  4. Freedom from fear
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25
Q

What year does martial law occurred under Marcos administration?

A

1972

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26
Q

It was a drafter after the end of Marcos Regime, under the new administration of late President Cory Aquino

A

1987 Philippine Constitution

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27
Q

Its mission was to promote equal treatment and opportunity among Filipinos, to provide a life of dignity, and to protect against abuse and oppression

A

Commission on Human Rights

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28
Q

Considered as an international version of Magna Carta, which dictates how government should treat their people.

A

Universal Declaration of Human Rights

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29
Q

It was incorporated into the Constitutions of more than 185 nationd that are members of United Nation

A

Principles of UDHR

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30
Q

The year when UDHR was adopted by United Nation General Assembly

A

1948

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31
Q

Earlier called as “natural rights law” or “ fundamental rights of man”

A

Human Rights

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32
Q

The first to use the term human rights

A

Thomas Pine

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33
Q

Killing of a person by authorities without judicial sanctions

A

Extra-Judicial Killing

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34
Q

Essentially placing civil functions under military control for specific reasons such as lawless violence, invasion, or rebellion

A

Martial Law

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35
Q

Martial Law in Mindanao date

A

May 23, 2017

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36
Q

Formal agreements, which are legally binding on contracting states and also referred as treaty

A

Conventions

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37
Q

A United Nations agency responsible for promoting and protection of Human Rights

A

UN Human Rights Office of the High Commissioner

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38
Q

Adopted on December 21 1965 this convention upholds that “the existence of racial barriers is repugnant to the ideals of any human society”

A

International Convention on the elimination of All forms of Racial Discrimination

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39
Q

Any distinction, exclusion, restriction, or preference based on race, color, descent, national or ethnic origin

A

Racial Discrimination

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40
Q

Adopted on December 16 1966 ensuring the equal rights of men and women to the enjoyment of all economic, social, and Cultural rights

A

International Convention on Economic, Social and Cultural rights

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41
Q

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

A

International Convention on Civil and Political Rights

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42
Q

Adopted on December 18 1979 upholds the equality of rights of men and women in line with existing international covenants of human rights.

A

Convention on the Elimination of all forms of discrimination against women

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43
Q

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”

A

Convention against Torture and other Cruel, Inhuman, Or degrading Treatment or Punishment (CAT)

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44
Q

Everyone is entitled equal protection of the law, without discrimination on any grounds, and especially against violence and other threats

A

Equal Protection

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45
Q

Treat all citizens and victims of crime with compassion and respect, with utmost consideration for their need for safety and privacy

A

Respectful Treatment

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46
Q

Do not use force, except when strictly necessary and to the minimum extent required under the circumstances

A

Use of force

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47
Q

State Obligations in Human Rights

A

To respect
To protect
To fulfill

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48
Q

A peace officer or private person may, without a warrant, arrest a person:

In Flagrante Delicto
Hot Pursuit
Escape Prisoner

A

Sec. 5 Rule 113 of Rules of court

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49
Q

Is an independent human rights institution created under the 1987 Philippine Constitution, established on May 5 1987 by virtue of Executive Order No. 163

A

Commission on Human Rights

50
Q

Mandates Congress to give highest priority to the enactment of measures that protect and enhance the right of people

A

Sec 1 of Art. 13 1987 Phil Cons

51
Q

Binding on all states and their agents, including law enforcement officials

A

International Human Rights Law

52
Q

Any act committed with intent to cause severe pain or suffering

A

Torture

53
Q

Enforced or Voluntary Disappearance

A

Desaparecidos

54
Q

Deprivation of liberty without lawful reason or due process by an act of government or its agent

A

Arbitrary Arrest and Detention

55
Q

A person deprived of liberty by means other than conviction

A

Detainee

56
Q

A person deprived of liberty as a result of conviction of an offense

A

Prisoner

57
Q

Defined as person owing a well-founded fear of persecution on grounds of race, religion, nationality, and membership in a particular group

A

Refugee

58
Q

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.

A

Victim of Crime

59
Q

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.

A

Victims of Human Rights Violations

60
Q

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.

A

Investigation

61
Q

Latin for “on his own
response”, describes an official act taken
without a formal request from another party.

A

Motu Proprio

62
Q

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.

A

Miranda v. Arizona

63
Q

– 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.

A

R.A 7438

64
Q

stated in the Article III of the

1987 Philippine Constitution

A

Bill of rights

65
Q

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

A

Section 1

66
Q

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…

A

Section 2

67
Q

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.

A

Section 3

68
Q

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.

A

Section 4

69
Q

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.

A

Section 5

70
Q

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

A

Section 6

71
Q

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.

A

Section 7

72
Q

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.

A

Section 8

73
Q

Private property shall not be
taken for public use without just
compensation.

A

Section 9

74
Q

No law impairing the obligation

of contracts shall be passed.

A

Section 10

75
Q

Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person
by reason of poverty.

A

Section 11

76
Q

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.

A

Section 12

77
Q

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

A

Section 13

78
Q 
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.
A

Section 14

79
Q

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.

A

Section 15

80
Q

All persons shall have the
right to a speedy disposition of their
cases before all judicial, quasi-judicial, or
administrative bodies

A

Section 16

81
Q

No person shall be
compelled to be a witness against
himself.

A

Section 17

82
Q

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.

A

Section 18

83
Q 
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.
A

Section 19

84
Q

No person shall be
imprisoned for debt or non-payment of a
poll tax

A

Section 20

85
Q 
- 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.
A

Section 21

86
Q

No ex post facto law or bill

of attainder shall be enacted.

A

Section 22

87
Q

body of knowledge focused
on the study of human behavior, cognition,
and effect

A

Psychology

88
Q

“Application of
psychology to promote human rights, health,
well-being, and dignity

A

Human Psychology

89
Q 
this is 
a branch of psychology focused on 
diverse experiences and 
characteristics of people across the 
life span
A

Developmental Psychology

90
Q 
this is a 
branch of psychology focused on 
differentiating the normal from the 
psychopathological and in setting 
criteria to enable such differentiation.
A

Abnormal Psychology

91
Q

This is a branch
of psychology preoccupied with
human interaction and human
behavior in groups.

A

Social Psychology

92
Q

this is a
branch of psychology focused on
human’s political attitude and
decision-making.

A

Political Psychology

93
Q

this is a branch
of psychology that aims to theorize
and develop interventions to ease out
discrimination, violence, and conflicts.

A

Peace Psychology

94
Q

A psychological
condition that emerges from an exposure to
a catastrophic experience of calamity or
violence

A

Psychological Trauma

95
Q

An area in victimology
which explores resilience among victims that
contribute to healing

A

Survivorology

96
Q

hich includes the
study of victims of disasters, accidents, and
wars

A

General Victimology

97
Q

which views of
victims are from a criminological and legal
lens, thus within the confines of criminal law

A

Penal Victimology

98
Q

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.

A

Completely innocent crime victim

99
Q 
This 
is a crime victim who carelessly 
places oneself in a dangerous 
situation by haying a lifestyle that 
poses higher risk for danger
A

Crime victim with minor guilt -

100
Q

This refers to a crime victim who is
as guilty as the offender because
both have agreed to engage in a
dangerous exercise.

A

Crime victim as guilty as offender

101
Q

This is a crime victim who

triggered a crime

A

Crime victim more guilty than

offender -

102
Q

This is a

crime victim who is guilty of a crime.

A

Most guilty crime victim -

103
Q

potential
victims due to their lack of experience
and yet developing cognitive and
socio-emotional faculties.

A

Young Victim

104
Q 
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.
A

Female Victims

105
Q

are potential
victims due to their failing health and
physical strength.

A

Old people

106
Q

potential victims because of

language and cultural barriers.

A

Immigrants

107
Q

in this
context, is a general term used by
Von Hentig to pertain to individuals
with deep emotional troubles

A

Depressed victim

108
Q

people with cognitive and other forms
of psychological disorder tend to be
potential victims, especially when
they are not in a lucid state.

A

Mentally defective/derange victim

109
Q

People who have a
great desire to acquire material
possessions may tend to be potential victims of scams and other mass-
marketing fraud.

A

The acquisitive

110
Q

refer to people
with normal mental processes but
with low intellectual ability, which is
required to comprehend situations.

A

Dull normals

111
Q 
pertains to 
racially discriminated groups as 
minority. Groups that are generally 
prejudiced by the public also tend to 
be victims of hate crimes
A

Minorities

112
Q

pertains to

sexually promiscuous individuals

A

Wanton

113
Q 
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.
A

Lonesome and heartbroken

114
Q

People who are abusive
are potential victims when the ones
they are oppressing retaliate

A

Tormentor

115
Q 
People who are 
blackmailed tend to be at risk, 
especially that they are constrained, 
by manipulation, to approach law 
enforcers.
A

The blocked, exempted, and

fighting

116
Q

anch of the
government that puts forward judicial
reforms in order to protect human rights in
the country.

A

Philippine Judiciary

117
Q

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.

A

The International Labor Organization (ILO)

118
Q
  • “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)
A

Indigenous People

119
Q

also known as the
“Indigenous peoples Rights Act” (or IPRA),
which recognized the right of indigenous
peoples to manage their ancestral domains

A

Republic Act 8371

120
Q

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.

A

Sustainable development

CLJ 2022 Reviewer (3 decks)

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