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Claw 2 Finals Reviewer > INTERNATIONAL BILL OF HUMAN RIGHTS > Flashcards

INTERNATIONAL BILL OF HUMAN RIGHTS Flashcards

1
Q

International bill of human rights

A

UDHR - Universal declaration of human rights (30 Articles)
ICESCR- International covenant on economic, social and cultural rights (31 articles)
ICCPR- International covenant on civil and political rights (53 articles)

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2
Q

Un commission on human rights

A

-Established by economic and social council
-43 members

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3
Q

Known as court of last resort

A

-International criminal court
-18 judges
- hague Netherlands
- Rome statute
- 123 countries

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4
Q

The intent to destroy in whole or in part a national, ethnic, racial, or religious group.

A

Genocide

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5
Q

Grave breaches of law of war

A

War crimes

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6
Q

Violations committed as part of large scale attacks against civilian population, including, murder, rape, imprisonment, slavery, and torture

A

Crimes against humanity

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7
Q

Threat of armed force by a state against the territorial integrity

A

Crimes of aggression

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8
Q

Sometimes called as the word Court

A

-International court of justice
- 15 judges
- hague Netherlands

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9
Q

Preventing crimes, they help to protect and maintain respect for human Right

A

Importance of human rights to law Enforcement

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10
Q

Is the comprehensive, systematic, and institutional compliance with international human rights

A

Human rights-based policing

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11
Q

The writ is an order to the person in charge of someone’s detention to deliver the named person so that the court can investigate the legality of his imprisonment.

A

Writ habeas corpus

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12
Q

It is a remedy available to any person whose right to life, liberty and security has been violated or is threatened with violation by an unlawful act or omission of a public official/employee, or of a private individual or entity.

A

Writ of Amparo

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13
Q

is a remedy available to any person who’s the right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or private individual.

A

Writ of habeas Data

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14
Q

also known as the law of war or the law of armed conflict which regulates the conduct of warfare.

A

International humanitarian law

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15
Q

engagement in or the activities involved in war or conflict

A

War fare

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16
Q

any individual who is not a member of armed forces

A

Civilian

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17
Q

person entitled to directly participate in hostilities during an armed conflict

A

Combatant

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18
Q

Three (3) Main Currents:

A

-Law of geneva
- Law of Hague
- The efforts of Un to ensure human rights are respected in armed conflicst and to limit the use of certain weapons

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19
Q

Fundamental Principles of International Humanitarian Law

A

-Principles of Distinction
- Principles of Proportionality
- Principles of limitation
- Principles of De martens Clause

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20
Q

first formal agreement prohibiting the use of certain weapons in war

A

Declaration of st. Petersburg (1868)

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21
Q

provides a wide range of protection for prisoners of war. It defines their rights and sets down detailed rules for their treatment and eventual release.

A

Geneva convention

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22
Q

Prisoners of war (POW’S)

A
  • Members of the armed forces
  • Civilian Members
  • Members of Crews
  • inhabitants of un-occupied teritort
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23
Q

an independent, neutral organization ensuring humanitarian protection and assistance for victims of armed conflict and other situations of violence.

A

International committee of Red cross

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24
Q

an act defining and penalizing crimes against international humanitarian law, genocide and other crimes against humanity, organizing jurisdiction, designating special courts, and for related purposes

A

RA. 9851

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25
Q

1) is in the power of an adverse party; (2) has clearly expressed an intention to surrender; or (3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable of defending himself

A

Hors de combat

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26
Q

Any person found guilty of committing any of the acts provided under Sections 4, 5 and 6 of this Act shall suffer the penalty of reclusion temporal in its medium to maximum period and a fine ranging from One hundred thousand pesos (Php100,000.00) to Five hundred thousand pesos (Php500,000.00).

A

Sec. 7 penalties

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27
Q

The State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided

A

Sec. 17 jurisdiction

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28
Q

It is a declaration and enumeration of a person`s rights and privileges which the constitution is designated to protect against violation by the government or by individual or groups of individuals.

A

Bill of rights ( ART. III of 1987 Constitution)

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29
Q

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.

A

Sec. 1

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30
Q
  • Under the authority of the law that is valid under the Constitution itself; and
  • After compliance with the fair and reasonable methods of procedure required by law.
A

Due process

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31
Q

the loss of any various physical and mental attributes which man must have to live as human being.

A

Deprivation of life

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32
Q

that one is duly prevented from acting the way he wishes to do.

A

Deprivation of liberty

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33
Q

when its value is destroyed.

A

Deprivation of property

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34
Q

it signifies that all persons subject to legislation should be treated alike under the circumstances and conditions both in the privileges conferred and liabilities imposed.

A

Equal Protection of Law

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35
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

A

Sec. 2

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36
Q

applies to every citizen of the Philippines including aliens.

A

Persons

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37
Q

not limited to dwelling but extends to a garage, warehouse, shop, store and even a safety deposit vault.

A

Houses

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38
Q

including sealed letters and packages in the mail which may be opened and examined only in pursuance of a search warrant.

A

Papers and effect

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39
Q

facts and circumstances as are sufficient to endanger a well-founded belief that a crime has been committed and that respondent is probably guilty

A

Probable cause

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40
Q

an order in writing, issued in the name of the People of the Philippine Islands, signed by a judge or a justice of the peace, and directed to a peace officer, commanding him to search for personal property and bring it before the court.

A

Search warrant

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41
Q

An order signed by the Judge directed to a peace officer commanding him to arrest the person specified therein.

A

Warrant of arrest

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42
Q

Rules on the Use of Body-Worn Cameras in the Execution of Warrants (A.M. No. 21-06-08-SC)

A

• At least one body worn camera and one alternative recording device • If in the absence of body worn cameras, use at least two alternative recording devices

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43
Q

is a legal violation committed by an individual who disobeys a judge or otherwise disrupts the legal process in the courtroom.

A

Contempt of court

44
Q

WARRANTLESS ARREST

A

-Inflagrante delicto arrest
- hot pursuit arrest
- prisoners arrest

45
Q

Warrantless Search

A
  • Search incidental to a lawful arrest
  • Search of evidence in plain view
  • serarch to a moving vehicle
  • consented warrant less search
  • custom search
  • stop and frisk or Terry Searches
  • Exigent and emergency circumstances
46
Q

A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.

A

Search incidental to a lawful arrest

47
Q

anything seen on plain sight or having visual on things that are readily observable.

A

Search for evidence in plain view

48
Q

The vehicles inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity.

A

Search to a moving vehicle

49
Q

refers to the act of relinquishing or abandoning the right against search

A

Consented warrant less search

50
Q

Police officers generally empowered by law to effect arrests and execute processes of courts, when acting under the direction of the Collector (see par. d, sec. 2203, R.A. 1937) has authority to conduct custom searches within the jurisdiction of the Bureau of Customs.

A

Customs search

51
Q

The act of a police officer to stop a citizen on the street, interrogate him, and pat him for weapons or contraband.

A

Stop and frisk or Terry Searches

52
Q

It refers to situations or events that require quick or instantaneous judgment or decision from the police officer.

A

Exigent and emergency circumstances

53
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.”

A

Sec 3.

54
Q

Is concisely defines as the right to be left alone or to be free from undesired publicity without unwarranted interference by the public in matters with which the public is not necessarily concerned.

A

Privacy

55
Q

RA. 4200

A

The anti-wiretapping acto of 1965

56
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

Sec. 4

57
Q

The right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate the law, or injure someone`s character, reputation or business.

A

Freedom of expression

58
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

Sec. 5

59
Q

the right to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil or ecclesiastical.

A

Religious freedom

60
Q

one demanding the avowal or repudiation of certain beliefs before the performance of any act.

A

Religious test

61
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

Sec. 6

62
Q

the right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases, without interference from any source.

A

Liberty of abode and travel

63
Q

the right is disqualified by the clauses “except upon lawful order of the court” and, “except in the interest of national security, public safety, or public health”.

A

Permissible interference

64
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

Sec. 7

65
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

Sec. 8

66
Q

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

A

Sec. 9

67
Q

the welfare of the people is the supreme law.

A

Salus populi suprema est lex

68
Q

refers not only to actual physical seizure or appropriation of the property but also to its destruction or impairment.

A

Taking

69
Q

refers to as the power of the state to enact laws or regulations in relation to persons and property as may promote public health, morals, public safety, and the feneral welfare and convenience of the people.

A

Police power

70
Q

the right or power of the state or of those to whom the power has been lawfully delegated to take private property for public use upon paying to the owner a just compensation to be ascertained according to the law.

A

Eminent domain

71
Q

shall mean public benefit, public utility, or public advantage, or whatever is beneficially employed for the community.

A

Existence of public use

72
Q

value shall be determined by the proper court based on the market value at the time of the taking of the property.

A

Payment of just compensation

73
Q

this requires that the owner shall have due notice and hearing in the expropriation proceedings.

A

Observance of due process of law in the taking

74
Q

No law impairing the obligation of contracts shall be passed.”

A

Sec. 10

75
Q

duty which binds the parties to perform their agreement according to its terms or intent, if it is not contrary to law, morals, good customs, public order, or public policy.

A

Obligation of contract

76
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

Sec. 11

77
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.”

A

Sec. 12

78
Q

is a declaration made at any time by a person, voluntarily and without compulsion or inducement, stating or acknowledging that he had committed or participated in the commission of a crime.

A

CONFESSION

79
Q

is usually applied in criminal cases to statements of fact by the accused which do not directly involve an acknowledgment of the guilt of the accused or of criminal intent to commit the offense with which he is charged.

A

ADMISSION

80
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

Sec. 13

81
Q

The security required by a court and given for that provisional or temporary release of a person who is in custody of the law conditioned upon his appearance before any court as required under the conditions specified.

A

Bail

82
Q

What are the different forms of bail?

A

-Corporate surety
- cash bond
- property bond
- recignuzance

83
Q

No person shall be held to answer for a criminal offense without due process of law.”

A

Sec. 14

84
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

Sec. 15

85
Q

the state has the right to hold in preventive imprisonment pending investigation and trial of a person who plot against it or commit acts that endanger its very existence.

A

As to cases of invasion or rebellion

86
Q

Any public officer or employee who, without legal grounds, detains a person.

A

Arbitrary Detention

87
Q

Any private individual who, without legal grounds, detains a person.

A

Illegal Detention

88
Q

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

A

Sec. 16

89
Q

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

A

Sec. 17

90
Q

No person shall be detained solely by reason of his political beliefs and aspirations.”

A

Sec. 18

91
Q

denotes a condition of enforced, compulsory service of one to another.

A

Involuntary servitude

92
Q

the state of entire subjection of one person to the will of another.

A

Slavery

93
Q

the voluntary submission of a person (peon) to the will of another because of his debt.

A

Peonage

94
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.

A

Sec. 19

95
Q

No person shall be imprisoned for debt or nonpayment of a poll tax.”

A

Sec. 20

96
Q

any liability to pay money arising out of contract, express, or implied.

A

Debt

97
Q

is a tax of fixed amount imposed on individuals residing within a specified territory, whether citizens or not, without regard to their property or the occupation in which they may be engaged.

A

Poll tax

98
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

Sec. 21

99
Q

No ex post facto law or bill of attainder shall be enacted.”

A

Sec. 22

100
Q

(the law having retroactive effect) is one which, operating retrospectively

A

Ex post facto law

101
Q

a legislative act which inflicts punishment without a judicial trial.

A

Bill of attainder

102
Q

If the punishment is less than death, the act shall be called as

A

bill of pains and penalties.

103
Q

an act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers, and providing penalties for violations thereof.

A

Republic Act No. 7438

104
Q

shall include 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 law.

A

custodial investigation

105
Q

Child and Youth Welfare Code

A

Pd 603

106
Q

Act on the prohibition of the death penalty

A

RA. 9346

107
Q

an act to recognize, protect and promote the rights of indigenous cultural communities/indigenous peoples, creating a national commission on indigenous peoples,

A

RA. 8371

Claw 2 Finals Reviewer (2 decks)

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