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What type of rights does the right to a fair trial belong to?
Which of the following rights is considered a Second Generation Right?
Which inherent power of government allows for the regulation of individual behavior to protect public welfare?
What is the focus of Third Generation Rights?
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Which mechanism provides individuals with the opportunity to seek redress for human rights violations?
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In which generation of rights would the right to join and form trade unions be classified?
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Which of the following is NOT a First Generation Right?
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The right to development is classified under which category of rights?
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What happened to human rights in the Philippines after the proclamation of Martial Law on September 21, 1972?
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What did Mr. Justice J.B.L. Reyes observe about the bills of rights in the Philippine constitutions?
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Which of the following actions became forbidden during Martial Law?
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How are human rights defined in relation to a person's existence?
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What significant judicial change occurred for judges during Martial Law?
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What are the most fundamental human rights mentioned?
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Who is primarily responsible for the protection of human rights?
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Which of the following was a method of oppression practiced during Martial Law?
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What does the universality of human rights imply?
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Which principle asserts that human rights cannot be prioritized hierarchically?
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How are human rights characterized in terms of their relationship with each other?
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Which of the following is NOT a basis for discrimination as per the principles of human rights?
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What does an individual’s right to participation and inclusion entail?
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What consequence arises from the denial of one human right?
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According to the human rights principles, what should no individual suffer from?
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The fulfillment of which right often depends on the realization of other rights?
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What is police power primarily defined as?
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What happens to a property owner when their property is deprived under police power?
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How is police power described in relation to government authority?
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Why is the scope of police power difficult to define?
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In what context does the conflict between police power and due process often occur?
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What is a key characteristic of police power in a modern democratic framework?
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Which of the following best encapsulates the relationship between police power and public welfare?
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What implications does the Supreme Court's view on police power have for its scope?
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What is the primary form in which police power is usually exercised?
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Under what circumstances may confiscation of property occur according to the content?
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What is required for local governments to properly exercise police power?
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What distinguishes the 1987 Philippine Constitution from previous versions?
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Which of the following statements is true about the 1987 Constitution of the Philippines?
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What is a key role of international human rights law?
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What do first generation rights, as referenced in relation to the 1987 Constitution, generally consist of?
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What does the term 'lawful subject and lawful method' refer to in the context of police power?
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Study Notes
The Term "Human Rights" in the Philippines
- "Human Rights" became popular in the Philippines during the Marcos dictatorship.
- The 1935 and 1973 Constitutions both included most human rights detailed in international covenants.
- The declaration of Martial Law in 1972 effectively made these constitutional human rights unavailable.
- During Martial Law, individuals could be arrested on suspicion and detained without charges, often for years.
- Censorship of the press, restrictions on mass media, and the suspension of habeas corpus became common practices under Martial Law.
- Judges lost independence and security of tenure during Martial Law, with the exception of Supreme Court Justices.
- Torture was practiced as a means to extract confessions, according to Amnesty International and the International Commission of Jurists.
Nature and Inherent Rights
- Every human being possesses inherent rights simply because they exist as human beings.
- These rights are universal, regardless of nationality, sex, origin, color, religion, language, or any other status.
- Universal human rights include the right to life, food, education, work, health, and liberty.
The Importance of Human Rights
- Human rights are universal and inalienable, meaning they cannot be taken away.
- All human beings are born free and equal in dignity and rights, as stated in Article 1 of the Universal Declaration of Human Rights.
- Human rights are indivisible, meaning they are all of equal importance and cannot be ranked in order of importance.
- The denial of one right often hinders the enjoyment of other rights.
- Human rights are interdependent and interrelated. The fulfilment of one right often depends on the fulfilment of others.
- All individuals are equal and should not be discriminated against based on any characteristic.
- People have the right to participate in and access information related to decisions affecting their lives.
- States and other duty-bearers are accountable for upholding human rights and must comply with international human rights standards.
- Individuals, the media, civil society, and the international community play important roles in holding governments accountable.
Classifications of Human Rights
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Human rights are classified into generations: First, Second, and Third Generation Rights.
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First Generation Rights relate to civil and political rights:
- Right to life, liberty, property, security of person, and freedom from slavery
- Right to equal protection of the law, due process, and a fair trial
- Freedom of thought, conscience, religion, expression, association, assembly, and movement
- Right to nationality, suffrage, marriage, and family
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Second Generation Rights relate to economic, social, and cultural rights:
- Right to work, fair working conditions, and trade union membership
- Right to social security, protection of the family, and an adequate standard of living
- Right to health, education, and culture
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Third Generation Rights relate to collective rights:
- Right to a healthy environment and development
- Rights of indigenous peoples
The State’s Role and Limits of Human Rights
- The state has inherent powers, including police power, eminent domain, and taxation.
- The state may restrict certain rights through police power, which involves promoting the public welfare by regulating liberty and property.
- The state's use of police power must be proportionate to the public interest and not unduly oppressive on individuals.
- The police power of the state often conflicts with the due process clause of the Constitution but is considered necessary for public safety and order.
Sources of Human Rights Law
- The basic source of human rights law in the Philippines is the 1987 Constitution.
- The 1987 Constitution created the Commission on Human Rights as an independent constitutional office.
- The Constitution has been the basis for various laws passed by Congress, including those focused on first-generation rights.
- The Philippines has also adopted international human rights standards and treaties, which obligate the state to protect rights within its jurisdiction.
Conclusion
- Human rights are fundamental to a just and equitable society.
- The Philippines has a strong legal framework for protecting human rights, but challenges remain in ensuring their effective implementation and enforcement.
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Description
This quiz explores the evolution and challenges of human rights in the Philippines, particularly during the Marcos dictatorship and Martial Law era. It delves into the constitutional protections, the impact of censorship, and the inherent rights every human being possesses. Test your knowledge on this critical aspect of Philippine history.
