EDSA Revolution & Human Rights

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Questions and Answers

Critically assess the claim that the 1986 EDSA Revolution was primarily a struggle for human rights, considering the socio-economic and political factors that influenced the event. Touch upon how the EDSA revolution relates to modern despotic rule?

The EDSA Revolution was fundamentally a human rights struggle interwoven with socio-economic grievances and political discontent. Modern despotic rule can evoke similar responses when human rights are suppressed.

Evaluate the assertion that Martial Law under Ferdinand Marcos had net positive effects on the Philippines due to infrastructure development and economic growth, contrasting this with the documented human rights violations and suppression of press freedom.

While infrastructure development and economic growth occurred, the human rights violations and suppression of press freedom negate any net positive assessment.

Analyze Corazon Aquino's decision to promulgate a Provisional Constitution (Freedom Constitution) after the EDSA Revolution, and discuss its legal implications and eventual replacement by the 1987 Constitution.

Aquino's Provisional Constitution was necessary to fill the legal vacuum but was eventually replaced by the 1987 Constitution to establish a permanent legal framework.

Considering the provisions in the 1987 Bill of Rights, elaborate on how it seeks to safeguard individual liberties within the Philippine democratic and republican state.

<p>The 1987 Bill of Rights safeguards liberties through provisions such as due process, freedom of speech, and protection against unreasonable searches, critical for a democratic state.</p> Signup and view all the answers

In what ways did the Second EDSA People Power Revolt reflect continuity with, or divergence from, the principles and objectives of the original 1986 EDSA Revolution, particularly regarding issues of corruption and governance?

<p>The Second EDSA Revolt reflected continuity in citizen mobilization against corruption but diverged in specific issues and the immediate political context.</p> Signup and view all the answers

Critically evaluate President Gloria Macapagal Arroyo's 'four core agenda' outlined in her inaugural speech following the Second EDSA Revolution, assessing its coherence with the underlying socio-economic issues that precipitated the revolt.

<p>Arroyo's agenda, focusing on poverty, morality, and political reform, responded to the issues but coherence depended on implementation and socio-economic context.</p> Signup and view all the answers

Analyze the legal and ethical implications of the Senate's decision, during Estrada's impeachment trial, to keep key bank deposits secret, considering potential impacts on transparency and accountability.

<p>The decision raised ethical issues due to hindering the pursuit of justice and accountability, setting a questionable precedent for transparency.</p> Signup and view all the answers

How does the Universal Declaration of Human Rights (UDHR) inform the Philippine government's obligations to protect its citizens from human rights abuses, both domestically and internationally?

<p>The UDHR provides a framework for the Philippine government to respect, protect, and fulfill human rights obligations domestically and internationally.</p> Signup and view all the answers

Elaborate on the interplay between Articles 3 and 29 of the UDHR with specific relation to how the Philippine government balances individual rights to liberty, security of person, and one's duties to community.

<p>The government must balance individual freedoms with community duties through laws that respect rights while promoting social order and welfare.</p> Signup and view all the answers

Using specific examples related to the 1986 EDSA Revolution and its aftermath, analyze the applicability and limitations of Articles 12 and 19 of the UDHR.

<p>Article 12 (privacy) and 19 (free expression) were central to the revolt, but their application faced limitations in the post-revolutionary period due to national security and stability concerns.</p> Signup and view all the answers

Assess the long-term implications of President Arroyo being sworn into office by the Chief Justice, Hilario Davide, with respect to the the separation of powers and the rule of law in the Philippines.

<p>This highlights the judiciary's role in validating transitions, but raises concerns regarding executive influence and judicial endorsement of political outcomes.</p> Signup and view all the answers

Analyze how the right to seek asylum (Article 14 of the UDHR) intersects with Philippine immigration law and international agreements regarding refugee protection, particularly in the context of political persecution.

<p>Philippine law must align with international agreements to provide asylum for those facing political persecution, balancing sovereignty with humanitarian obligations.</p> Signup and view all the answers

How does the principle of presumption of innocence (Article 11 of the UDHR) apply within the Philippine judicial system, considering historical instances, such as Estrada's trial, where public perception may have conflicted with this right?

<p>Despite guaranteed rights, public perception may influence trial outcomes, requiring constant vigilance to ensure fair and impartial justice.</p> Signup and view all the answers

Evaluate the impact of social media and digital communication on the exercise of freedom of expression (Article 19 of the UDHR) in the Philippines, taking into account issues of misinformation, censorship, and online activism.

<p>Digital media has expanded free expression but also introduced challenges like misinformation and censorship, impacting public discourse and activism.</p> Signup and view all the answers

Develop a theoretical framework for understanding the relationship between economic inequality and the assertion of human rights, especially considering the Philippine context.

<p>High economic inequality can lead to diminished access to rights for marginalized groups, fueling social unrest and undermining democratic institutions.</p> Signup and view all the answers

Critically assess how Article 17 of the UDHR pertaining to the right to property, can be instrumentally linked with historical events in the Philippines. Analyze if this right has been used to perpetuate or abate social injustice?

<p>It has been both a tool to protect individual wealth but historically also been used to perpetuate inequality, necessitating regulatory safeguards.</p> Signup and view all the answers

Drawing from the readings, create a strategy for the Philippinhes to navigate the tension which arises between the need to protect national security, the rights to freedom of thought and expression, and religion, as protected by the UDHR.

<p>A balanced approach involving transparent legal frameworks, judicial oversight, and public education is crucial to navigating this tension.</p> Signup and view all the answers

Critically analyse the 'four core agenda' that President Arroyo laid down in light of the 2001 revolts. Are the agendas reconcilable? Are there fundamental conflicts in the approach?

<p>While generally compatible, potential conflicts may arise between promoting moral standards and protecting civil liberties, requiring careful balancing.</p> Signup and view all the answers

Propose a novel mechanism, inspired by the documents, that an ASEAN member state (e.g. Philippines) can implement in law that is legally binding on governments to curtail abuses of power concerning human rights in the region.

<p>Establish a regional court with enforcement powers, drawing from the European Court of Human Rights model, to adjudicate human rights cases.</p> Signup and view all the answers

With reference to the documents and the EDSA revolts more generally, discuss how the concept of the will of the people can be interpreted into practical, legal and institutional terms.

<p>It can be interpreted practically via referendums and consultative processes to ensure governmental actions align with public sentiment.</p> Signup and view all the answers

In the context of the UDHR, critically evaluate whether economic, social and cultural rights are as fundamental to individual dignity and self determination in the Philippines as civil and political rights.

<p>Economic, social, and cultural rights are integral to substantive equality and human dignity, requiring prioritization alongside civil and political rights.</p> Signup and view all the answers

Considering historical context of the Philippines, how can both formal education, along with public outreach initiatives, cultivate a culture of human rights, considering Article 26 of the UDHR?

<p>Education that is culturally relevant, critical thinking skills development and public awareness initiatives can foster respect for huan rights.</p> Signup and view all the answers

Analyze the events of the Second EDSA revolution from 2001 through a systems theory lens focusing on feedback loops between political actors, the public, and the media. In what ways did positive and negative feedback reinforce or disrupt existing patterns of governance?

<p>Media amplified public grievances creating negative feedback for Estrada.</p> Signup and view all the answers

Using a legal formalism lens, can the ouster of Estrada, and the way Arroyo took power be defended based on legal documents from that period? Are there ambiguities?

<p>Legal ambiguities existed due to conflicting interpretations of resignation and succession, creating contested legitimacy.</p> Signup and view all the answers

Drawing on the presented documents and the context of martial law under Marcos, discuss the role of truth commissions and restorative justice mechanisms in addressing past human rights violations?

<p>Truth commissions are essential complemented by restorative practices.</p> Signup and view all the answers

Hypothesize a scenario where the current Philippine constitution includes a clause allowing for secession under certain conditions. How might such a clause influence political stability and the protection of human rights, considering regional disparities and historical grievances?

<p>Could lead to more instability.</p> Signup and view all the answers

Using a behavioral economics framework, how does the concept of 'loss aversion' help explain public reactions to corruption scandals and perceived economic injustices that may fuel social unrest and mass movements in the Philippines.

<p>Loss aversion explains disproportional responses.</p> Signup and view all the answers

Evaluate from the provided texts how globalization might have both enabled and constrained the protection and promotion of human rights in relation to Philippine People Power movements?

<p>Enabled movements through communication while constraining through trade conditions.</p> Signup and view all the answers

Analyze if, by ratifying the UDHR and other international human rights treaties, the Philippines has compromised its national sovereignty and policy making autonomy as a nation state.

<p>Not necessarily a compromise, as the global support for universal human rights can be consistent with a rules based sovereign nation state that supports these UDHR principals.</p> Signup and view all the answers

Develop a game theory model illustrating the strategic interactions between the state, civil society organizations, and marginalized communities in the Philippines. How can mechanisms of cooperation and conflict resolution be integrated into this model to enhance human rights protection?

<p>In a game theory model, cooperation through information sharing, monitoring, and enforcement of human rights standards is critical to promote mutual gains and mitigate conflict.</p> Signup and view all the answers

Flashcards

1986 EDSA Revolt

A non-violent event in the Philippines where people struggled for freedom, justice, and peace.

Martial Law

Suspension of normal democratic processes, limiting civil liberties.

Democratic Authoritarianism

A government where one person holds all the power, but it is framed as democratic.

Freedom Constitution

Constitution promulgated by Corazon Aquino after the People Power Revolution.

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Bill of Rights

Individual rights that the government cannot violate

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Right to Due Process

Right to fair treatment through the normal judicial system.

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Secure Against Unreasonable Searches and Seizures

Protection from unreasonable govt. intrusion.

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Freedom of Expression

Freedom to express beliefs without government control.

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Freedom of Religion

Freedom to worship as one chooses.

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Liberty of Abode

Right to live where one chooses.

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Right to Information

Right to access information held by the government.

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Writ of Habeas Corpus

Legal document to secure release from unlawful detention.

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Double Jeopardy

Cannot be tried twice for the same crime.

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Arroyo's Four Core Agenda

Four priorities for improving government and society

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Universal Declaration of Human Rights

A document that sets standards that protect human rights.

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Article 1

All humans are free and equal.

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Article 2

Rights without discrimination.

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Article 3

Right to life, liberty, security.

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Article 4

No slavery or servitude.

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Article 5

No cruel, inhuman treatment.

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Article 6

Right to recognition before the law.

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Article 7

Equality before the law.

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Article 8

Right to effective remedy.

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Article 9

No arbitrary arrest or exile.

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Article 10

Right to fair and public hearing.

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Article 11

Right to be presumed innocent.

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Article 12

No interference with privacy.

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Article 13

Freedom of movement and residence.

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Article 14

Right to seek asylum.

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