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HUMAN RIGHTS Flashcards

1
Q

is the branch of public law that deals with the body of laws, rules, procedures, and institutions designed
to respect. promote, and protect human rights at the national, regional, and international levels.

A

Human Rights Law

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2
Q

What are the Basic Characteristics of Human Rights?

A
  1. Inherent
  2. Human rights are indivisible, interdependent, and interrelated
  3. Human rights are universal
  4. Human rights as imprescriptible
  5. Human rights are inalienable
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3
Q

Other characteristics of Human Rights

A
  1. Human rights are essential and necessary
  2. Human rights limits state power
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4
Q

This means that you cannot lose them, because they are
linked to the very fact of human existence.

A

Inherent

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5
Q

This means that different human rights are intrinsically connected and cannot be viewed in isolation from each other.

A

Human rights are indivisible, interdependent, and interrelated

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6
Q

Which means that they apply equally
to all people everywhere in the world, and with no time limit.

A

Human rights are universal

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7
Q

means human rights cannot be lost even if the person fails to assert them. It does not expire even by long passage of time.

A

Human rights as imprescriptible

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8
Q

means that Human rights cannot be taken away from an individual nor be given away, transferred or forfeited.

A

Human rights are inalienable

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9
Q

means that Human rights is important to uplift the moral of the people and necessary to fulfill the purpose of human life.

A

Human rights are essential and necessary

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10
Q

Duty bearers such as the state bears the duty to observe and respect human rights. Thus, they have to comply with the norms and standards set by the law and international human rights law.

A

Human rights limits state power

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11
Q

natural rights, constitutional rights,
statutory rights

A

According to source

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12
Q

What are the classifications of human rights

A

According to source
According to recipient
According to aspect of life
According to struggle for recognition

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13
Q

individual rights, collective or group
rights.

A

According to recipient

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14
Q

civil, political, economic, social,
cultural rights

A

According to aspect of life

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15
Q

first, second and third
generation rights

A

According to struggle for recognition

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16
Q

-Based on one’s dignity as Human Person.
-Unwritten

A

Natural Right

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17
Q

-Outlined in the constitution’s bill of rights.
-Can only be repealed by legislation.

A

Constitutional

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18
Q

-As provided for by law

A

Statutory

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19
Q

Rights applicable to individual
Example: right to life, right to liberty

A

Individual Right

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20
Q

-Rights that can be enjoyedonly in the
company with others.
-Rights enjoyed by individuals to undertake the everyday business of life.

A

Collective/Group/Solitary Rights

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21
Q

Right to environment, right to peaceably assemble

A

Civil right

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22
Q

It pertains to individual’s participation in the government.

A

Political right

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23
Q

These are privileges that individuals and communities required to have a decent life.

E.g., right to adequate food, right to
adequate housing. right to education, right to health.

A

Economic, Social and Cultural Right

24
Q

Encompasses an individual’s civil and
political rights.

known as the first generation of civil and political rights.

A

First Generation of Rights

25
Q

Encompasses socio-economic right

known as the second generation of economic social and cultural rights.

A

Second Generation of Rights

26
Q

Encompasses broad class rights. Such as rights of indigenous people and
religious minorities.

known as the third generation of solidarity rights or collective rights.

A

Third Generation of Rights

27
Q

wrote that human rights are regarded as a system of values or elements which are inherent to human dignity.

A

Chilean Lawyer Jose Zalaquett

28
Q

Who is the french philosopher who wrote the book “The Rights of Man”

A

Jean Jacques Maritain

29
Q

Name some of the theories advanced as the sources of human rights.

A

Religious or theological approach
Natural Law
Positivist
Marxist
Functional or sociological approach
Utilitarian Theory
Theory based on Justice
Theory based on Equality and Respect
Theory based on the Dignity of man

30
Q

doctrine of a Supreme Being, the creator, the Father of all humanity. Central is the concept of the dignity of man as a consequence of human rights, and therefore the rights are universal, inalienable and cannot be denied by mortal beings (men).

A

Religious or theological approach

31
Q

the conduct of men must always conform to the law of nature, and this theory is detached from religion. The natural characteristics of human beings are the social impulse to live
peacefully and in harmony with others, and whatever conformed to the nature of men was right and just. Whatever is disturbing to social harmony is wrong and unjust.

A

Natural Law

32
Q

states that all rights and authority come from the state and what - officials have promulgated, that rights are enjoyed if recognized and protected by legislation promulgated by the state.

A

Positivist

33
Q

emphasizes the interest of society over an individual’s interest-communism

A

Marxist

34
Q

human rights exist as a means of social control, that human rights exist to serve the social interests of society. This approach was developed in the early 20th century when there were demands for a variety of wants, as help for the unemployed, handicapped,
underprivileged, minorities and other disadvantaged groups.

A

Functional or sociological approach

35
Q

principle that requires governments to maximize the total net sum of citizens. It emphasizes that an individual cannot be more important than the entire group. An act is good only when it takes into consideration the interests of the society and tends to augment the happiness of the entire community.

A

Utilitarian Theory

36
Q

each person has equal rights to the whole system of liberties. The general conception of justice is one of fairness and those social primary goods such as opportunity, income and wealth and self-respect are to be distributed equally.

A

Theory based on Justice

37
Q

government must treat all their citizens equally and must intervene in order to advance the general welfare.

A

Theory based on Equality and Respect

38
Q

this theory proceeds on the premise that human rights means sharing values of all identified policies upon which human rights depend on. The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values. All available resources are utilized to the
maximum and the protection of human dignity is recognized. This is better referred to as policy science approach.

A

Theory based on the Dignity of man

39
Q

The three principles of human rights are

A

universality, indivisibility, and interdependence.

40
Q

The four components of a human right are?

A

subject or a right holder, a duty-holder, an object and implementation.

41
Q

is an entity, normally a State that is obliged to respect, to ensure and to protect the subject’s rights or demands. In human rights, States are considered a duty holders rather than subjects though in international law the role of States as subjects is recognized as incontestable.

A

Duty-holder

42
Q

is the content of any given right and any duty of the holder of the right and the holder of the obligation. This right and this duty are the human values and needs which are found in human rights rules and norms.

A

Object

43
Q

is a set of measures, approaches, and initiatives designed to realize the right concerned: This includes laws, administrative measures, legal writs and mechanisms adopted by the three branches of government, namely, Congress, Executive and Judiciary.

A

Implementation

44
Q

The three stages of human rights are

A

Idealization, positivization, and realization.

45
Q

means that notions about human rights have started in the realm of ideas that reflect a consciousness against oppression, dehumanization or inadequate performance by the State

A

Idealization

46
Q

is the second stage where support for the ideas became strong and the stage is set to incorporate them into some legal instruments, whether domestic law or international law

A

Positivization

47
Q

is the last stage where these rights are enjoyed by the citizens of the State by the transformation of the social, economic, and political order

A

Realization

48
Q

Three Obligations of State Parties

A

obligation to respect, obligation to ensure, and obligation to protect.

49
Q

Former High Commissioner for Human Rights, _____ , said that the common language of humanity, the language of human rights, is enshrined in the Declaration.

A

Mary Robinson

50
Q

-The first internationally adopted catalogue of human rights.
- One of the best legal instruments on human rights ever adopted.
- Guinness World Record for most translated document in the world.

A

Universal Declaration of Human Rights

51
Q

-It is important because it refers to the concept of inherent human dignity, inalienable nature of Human Rights.
-Calls for Inter-cultural consensus.
▪ We had common understanding and agreement for our rights and freedom )

A

Preamble to the declaration of Human Rights

52
Q

-is not a treaty but has evolved into general principles of international law
-Contains a preamble and 30 articles.

A

1948 Universal Declaration of Human Rights

53
Q

jurisdiction of human rights committee to receive and consider communications from those who are victims of human rights violation.

A

First Optional Protocol

54
Q

abolition of death penalty

A

Second Optional Protocol

55
Q

It sets rules which seek for humanitarian reason to limit the effects of arm conflicts, it protects person who are not or no longer participating in the hostilities and restricts the means and methods of warfare.

A

Humanitarian Law

56
Q

It deals more with the rights of every individual if there is a conflict of laws, it will the effects and protect the
person in times of war.

A

International Humanitarian Law

57
Q

Elements of Plain View:

A
  1. A previous valid intrusion
  2. Evidence is inadvertently discovered
  3. Evidence is apparently illegal
  4. Seizure of the item without further search

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