Human Rights Flashcards
in the sense that they should belong to ALL human beings
Universal
in the sense that entitlements to human beings cannot be removed
Fundamental
in the sense that a human being’s civic, political rights, socio-economic rights and cultural rights are interrelated and co-equal in importance
Indivisible
rights possessed by every human person without being granted by the State for they are believed to be given by God as a human being created to His image so that may have a happy and contented life
Natural Rights
those rights which are conferred and protected by the Constitution
Constitutional Rights
rights of the citizens which give them power to
participate directly or
indirectly in the establishment or administration of the government
Political Rights
these rights which the law will enforce at the instance of private individuals
for the purpose of securing them the enjoyment
of their means of happiness.
Civil Rights
these rights which are intended to insure well-being and
economic security of human persons
Social and Economic Rights
these rights which are provided by special laws promulgated by the law-making body and may be abolished by the same body.
Statutory Rights
No person shall be
deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the
laws.
SECTION 1
simply states that “it is part of the sporting idea of fair play to hear “the other side” before an opinion is formed or a decision is made by those who sit in judgment.”
Due Process Clause
aspect of due process which serves as a restriction
on actions of judicial and quasi-judicial agencies of the government
Procedural Due Process
asks whether the government has an adequate reason for taking away a person’s life, liberty, or property.
Substantive Due Process
signifies that “all persons” subject to legislation should be treated alike, under circumstances and conditions both in the privileges conferred and liabilities imposed
“Equal Protection” Clause
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 and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Section 2
The reasonable suspicion that the person accused could actually do the crime; obvious possibility that the person could perform the crime
Probable Cause
Validity of Search Warrant
10 days from the date of issuance
the written order commanding to arrest a person and to take him into a custody in order that he/she may be bound to answer for the commission of an offense.
Warrant of arrest
search about CERTAIN PERSONAL PROPERTY AND BRING BEFORE THE COURT
Search Warrant
Validity of Warrant of Arrest
10 days from the date of issuance
(1) The privacy of the 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
is concisely defined as the right to be left alone. It has also been defined as the right of a person to be free from undesired publicity or disclosure
Right to Privacy
in this provision includes words, messages transmitted through telephone, radio or television.
Communication
communication between persons effected by means of letters, telegram and radiogram.
Correspondence
Any evidence obtained in violation of the right against unreasonable search and seizure and the right to privacy of communication and correspondence is INADMISSIBLE AS EVIDENCE for any purpose in any proceeding
.
Evidence Illegally Obtained
Anti-Wire Tapping Law
Republic Act 4200
is a judicial remedy available to any individual whose right to privacy is violated or treated by an unlawful act or omission of a public official or employee or of a private individual in the gathering, collecting or storing of data or information.
Writ of habeas data
a judicial remedy for persons whose substantial rights have been violated.
Writ of Amparo
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
this right should be stifled because one has the right to
communicate his ideas to others
Freedom of Expression
one has the freedom to comment or scrutinizes the policies and plans of the government and to be active participants in the political process and national development
Freedom of the press
implies the right to freely utter and publish whatever one restraints and to be protected against any responsibility for doing so as long as it does not violate the law or injure someone’s character, reputation or business and the right to circulate what is published.
Freedom of expression
means the right on the part of the citizens to meet peaceably for consultation in respect to public affairs.
Freedom of association/ Right of Assembly
means the right of any individual or group of individuals to apply, without fear of penalty, to the appropriate branch or office of the government for redress of grievances.
Right to petition
any written or printed matter tending to injure one’s character and reputation.
Libel
oral utterance or spreading falsehood resulting harm to one’s reputation
Slander
a manner of forming a group with an intent to harm the state or its government.
Rebellion
No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment or religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil and political rights.
Section 5
The clause prohibits excessive government entanglement with, endorsement or disapproval of religion
NON-ESTABLISHMENT CLAUSE
(1) Freedom to believe -absolute
(2) Freedom to act on one’s belief –subject to regulation
FREE EXERCISE CLAUSE
The liberty to abode and of changing the same within the limits prescribed by law shall no to 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 a person to have his home in whatever place chosen by him
Liberty of abode
The right of the people to information on matters of public concerns 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 citizens, 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 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 contract shall be passed.
Section 10
is the law or duty which binds the parties to perform their agreement according to its terms or intent
Obligation of a contract
an agreement between parties by which one shall do or not do an act in exchange for a consideration
Contract
has no legal effect since some or all of its conditions are against the law
Void Contract
it meets all the requirements given by law
Valid Contract
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
