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CLJ 2 > Human Rights > Flashcards

Human Rights Flashcards

1
Q

— are the aggregate of privileges, claims, benefits, entitlements, and moral guarantees that pertain to man because of his humanity.

A

HUMAN RIGHTS

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2
Q

Chilean lawyer_________ wrote that HUMAN RIGHTS ARE REGARDED as a SYSTEM OF VALUES or elements which are inherent to human dignity.

A

JOSE ZALAQUETT

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3
Q

“The human person,” he said, “possesses rights because of the very fact that it is a person, a whole, MASTER OF ITSELF, and of its acts, and which consequently is not merely a means to an end, but an end which must be treated as such”

A

JEAN JACQUES MARITAIN
In his book, “THE RIGHTS OF MAN”

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4
Q

— are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity.

A

HUMAN RIGHTS

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5
Q

— are generally defined as those rights which are inherent in our nature and without which, we cannot live as human beings.

A

HUMAN RIGHTS

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6
Q

Theories advanced as the sources rights:

A
  1. RELIGIOUS OR THEOLOGICAL APPROACH
  2. NATURAL LAW
  3. POSITIVIST
  4. MARXIST
  5. FUNCTIONAL OR SOCIOLOGICAL APPROACH
  6. UTILITARIAN THEORY
  7. THEORY BASED ON JUSTICE
  8. THEORY BASED ON EQUALITY AND RESPECT
  9. THEORY BASED ON THE DIGNITY OF MAN
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7
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

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8
Q

the conduct of men must always conform to the LAW OF NATURE, and this theory is detached from religion.

A

NATURAL LAW

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9
Q

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

A

MARXIST

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10
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

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11
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

A

FUNCTIONAL OR SOCIOLOGICAL APPROACH

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12
Q

each person has EQUAL RIGHTS to the 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

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13
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

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14
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

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15
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

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16
Q

The first generation is known as the__________________

A

FIRST GENERATION OF CIVIL AND POLITICAL RIGHTS

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17
Q

The second generation is known as the _______________________

A

SECOND GENERATION OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS.

18
Q

The third generation is known as the____________________

A

THIRD GENERATION OF SOLIDARITY RIGHTS OR COLLECTIVE RIGHTS.

19
Q

_________________ GRADUALLY EVOLVED over centuries during the long development of democratic society and serve as a protection of the individuals from the arbitrary exercise of police power.

A

THE FIRST GENERATION OF RIGHTS

20
Q

Examples of the First Generation of Rights:

A
  1. RIGHT TO LIFE LIBERTY AND SECURITY OF PERSON
  2. RIGHT AGAINST TORTURE
  3. RIGHT TO EQUAL PROTECTION AGAINST ANY DISCRIMINATION
  4. RIGHT AGAINST ARBITRARY ARREST AND DETENTION
  5. RIGHT TO A FAIR AND PUBLIC HEARING BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL
  6. RIGHT TO BE PRESUMED INNOCENT UNTIL PROVEN GUILTY
  7. RIGHT TO PRIVACY, FREEDOM OF OPINION AND EXPRESSION
21
Q

The first generation of civil and political rights is also known as__________________

A

THE FIRST GENERATION OF LIBERTY RIGHTS

22
Q

_______________ started to be recognized when people realized that possession of the first generation of liberty rights would be valueless without the enjoyment of economic, social, and cultural rights.

A

THE SECOND GENERATION OF RIGHTS

23
Q

Examples of the Second Generation of Rights:

A
  1. RIGHT TO WORK
  2. RIGHT TO SOCIAL SECURITY
  3. RIGHT TO FORM AND TO JOIN TRADE UNIONS
  4. RIGHT TO EDUCATION
  5. RIGHT TO REST AND LEISURE
  6. RIGHT TO HEALTH
  7. RIGHT TO SHELTER
24
Q

The second generation of
economic, social, and cultural rights is also known as the___________________

A

SECOND GENERATION OF EQUALITY RIGHTS

25
Q

__________________ is intended to benefit individuals, groups and peoples and its realization will need global cooperation based on international solidarity

A

THE THIRD GENERATION OF RIGHTS

26
Q

Examples of the Third Generation of Rights:

A
  1. RIGHT TO PEACE
  2. RIGHT TO DEVELOPMENT
  3. ENVIRONMENTAL RIGHTS
  4. RIGHT OF SELF-DETERMINATION
  5. RIGHT TO FOOD
  6. RIGHTS OF WOMEN
  7. RIGHTS OF CHILDREN
  8. RIGHT TO HUMANITARIAN DISASTER RELIEF.
  9. RIGHT TO WATER.
27
Q

This third generation of rights is also known as the________________________

A

THIRD GENERATION OF SOLIDARITY RIGHTS

28
Q

Three Principles Of Human Rights:

A
  1. UNIVERSALITY
  2. INDIVISIBILITY
  3. INTERDEPENDENCE
29
Q

means that RIGHTS BELONG TO and are to BE ENJOYED BY ALL HUMAN BEINGS without distinction of any kind, such as race, color, sex or language, religion, political and other opinion, national or social origin, property, birth or other stature. In other words, human rights belong to everyone wherever they are because they are human beings endowed with dignity

A

UNIVERSALITY

30
Q

also means that the internationally-recognized HUMAN RIGHTS are the BASIC CORE MINIMUM to be observed everywhere without regional differences. These human rights belong to everyone, everywhere, by virtue of being human. No one, no group, no place in the world should be denied the enjoyment of human rights

A

UNIVERSALITY

31
Q

Four Components Of A Human Right:

A
  1. A SUBJECT OR A RIGHT HOLDER
  2. A DUTY—HOLDER
  3. AN OBJECT
  4. IMPLEMENTATION
32
Q

is an individual (natural person) a group of individuals or a non-governmental organization entitled to rights under the law and can take legal action to PROTECT or to PROMOTE those rights

A

A SUBJECT OR A RIGHT HOLDER

33
Q

is an entity, normally a State that is OBLIGED TO RESPECT, to ensure and to
protect the subject’s rights or demands.

A

DUTY HOLDER

34
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

AN OBJECT

35
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

A

IMPLEMENTATION

36
Q

Three Branches of the Government:

A
  1. CONGRESS
  2. EXECUTIVE
  3. JUDICIARY
37
Q

Three Stages Of Human Rights:

A
  1. IDEALIZATION
  2. POSITIVIZATION
  3. REALIZATION
38
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

39
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

40
Q

is the last stage where THESE RIGHTS АГЕ ENJOYED by the citizens of the State by the transformation of the social, economic, and political order

A

REALIZATION

41
Q

Three Obligations of State Parties
State Parties to International Covenants have obligations:

A
  1. OBLIGATION TO RESPECT
  2. OBLIGATION TO ENSURE
  3. OBLIGATION TO PROTECT
42
Q

It indicates the negative character of civil and political rights,
commanding State Parties to refrain from restricting the exercise of these rights where
such is not expressly allowed.

A

ARTICLE 2 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)

CLJ 2 (3 decks)

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