Human Rights in the Philippines
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Questions and Answers

What type of rights does the right to a fair trial belong to?

  • Second Generation Rights
  • Collective Rights
  • Third Generation Rights
  • First Generation Rights (correct)

Which of the following rights is considered a Second Generation Right?

  • Freedom of expression
  • Right to life
  • Right against ex post facto law
  • Right to health (correct)

Which inherent power of government allows for the regulation of individual behavior to protect public welfare?

  • Executive power
  • Taxation
  • Police power (correct)
  • Eminent domain

What is the focus of Third Generation Rights?

<p>Collective rights (C)</p> Signup and view all the answers

Which mechanism provides individuals with the opportunity to seek redress for human rights violations?

<p>Instituting proceedings before a competent court (D)</p> Signup and view all the answers

In which generation of rights would the right to join and form trade unions be classified?

<p>Second Generation Rights (A)</p> Signup and view all the answers

Which of the following is NOT a First Generation Right?

<p>Right to education (C)</p> Signup and view all the answers

The right to development is classified under which category of rights?

<p>Third Generation Rights (B)</p> Signup and view all the answers

What happened to human rights in the Philippines after the proclamation of Martial Law on September 21, 1972?

<p>Human rights became unavailable. (B)</p> Signup and view all the answers

What did Mr. Justice J.B.L. Reyes observe about the bills of rights in the Philippine constitutions?

<p>They were completely ignored during Martial Law. (A)</p> Signup and view all the answers

Which of the following actions became forbidden during Martial Law?

<p>Peaceful protests (D)</p> Signup and view all the answers

How are human rights defined in relation to a person's existence?

<p>They are inherent and universal. (A)</p> Signup and view all the answers

What significant judicial change occurred for judges during Martial Law?

<p>They lost independence and security of tenure. (D)</p> Signup and view all the answers

What are the most fundamental human rights mentioned?

<p>Right to life and liberty (D)</p> Signup and view all the answers

Who is primarily responsible for the protection of human rights?

<p>Government authorities (A)</p> Signup and view all the answers

Which of the following was a method of oppression practiced during Martial Law?

<p>Torture to extort confessions (A)</p> Signup and view all the answers

What does the universality of human rights imply?

<p>They are guaranteed to all individuals regardless of place. (B)</p> Signup and view all the answers

Which principle asserts that human rights cannot be prioritized hierarchically?

<p>Indivisibility (D)</p> Signup and view all the answers

How are human rights characterized in terms of their relationship with each other?

<p>They are interdependent and interrelated. (D)</p> Signup and view all the answers

Which of the following is NOT a basis for discrimination as per the principles of human rights?

<p>Financial status (C)</p> Signup and view all the answers

What does an individual’s right to participation and inclusion entail?

<p>Access to information affecting decisions about their lives. (C)</p> Signup and view all the answers

What consequence arises from the denial of one human right?

<p>It can impede the enjoyment of other rights. (B)</p> Signup and view all the answers

According to the human rights principles, what should no individual suffer from?

<p>Discrimination based on national origin. (A)</p> Signup and view all the answers

The fulfillment of which right often depends on the realization of other rights?

<p>Right to health (C)</p> Signup and view all the answers

What is police power primarily defined as?

<p>The power of promoting public welfare through regulation (C)</p> Signup and view all the answers

What happens to a property owner when their property is deprived under police power?

<p>They cannot recover from the government for any injury (A)</p> Signup and view all the answers

How is police power described in relation to government authority?

<p>As an essential and insistent government power (B)</p> Signup and view all the answers

Why is the scope of police power difficult to define?

<p>Because the needs of society continually evolve (B)</p> Signup and view all the answers

In what context does the conflict between police power and due process often occur?

<p>When governmental power is exercised to regulate public welfare (C)</p> Signup and view all the answers

What is a key characteristic of police power in a modern democratic framework?

<p>It often conflicts with individual rights (D)</p> Signup and view all the answers

Which of the following best encapsulates the relationship between police power and public welfare?

<p>Police power is critical in addressing public welfare issues (D)</p> Signup and view all the answers

What implications does the Supreme Court's view on police power have for its scope?

<p>The scope of police power is boundless and difficult to limit (D)</p> Signup and view all the answers

What is the primary form in which police power is usually exercised?

<p>Regulation or restriction (C)</p> Signup and view all the answers

Under what circumstances may confiscation of property occur according to the content?

<p>To destroy illegally possessed articles (D)</p> Signup and view all the answers

What is required for local governments to properly exercise police power?

<p>Public interests must warrant its exercise (C)</p> Signup and view all the answers

What distinguishes the 1987 Philippine Constitution from previous versions?

<p>It established the Commission on Human Rights (D)</p> Signup and view all the answers

Which of the following statements is true about the 1987 Constitution of the Philippines?

<p>It is sometimes referred to as a Human Rights Constitution. (B)</p> Signup and view all the answers

What is a key role of international human rights law?

<p>It obligates states to protect individual rights within their territory. (C)</p> Signup and view all the answers

What do first generation rights, as referenced in relation to the 1987 Constitution, generally consist of?

<p>Civil and political rights (D)</p> Signup and view all the answers

What does the term 'lawful subject and lawful method' refer to in the context of police power?

<p>The need for public interest and reasonable means (B)</p> Signup and view all the answers

Flashcards

Human Rights in the Philippines

Rights inherent to all individuals in the Philippines, protected by the Constitution and international agreements.

Marcos Dictatorship

A period of authoritarian rule in the Philippines, known for violations of human rights, notably during Martial Law.

Martial Law

A state of emergency in the Philippines that limited human rights, allowing arrests and detentions without charges.

Inherent Rights

Basic rights that humans possess simply by being human, regardless of background.

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Universal Human Rights

Rights applicable to all people across the world, irrespective of differences.

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1987 Constitution

The current constitution of the Philippines, which establishes a framework for human rights protection.

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Civil and Political Rights

First Generation Rights, including freedom, due process, and participation.

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Economic, Social, Cultural Rights

Second Generation Rights encompassing access to essentials like work & education.

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Collective Rights

Third Generation Rights focusing on groups and the environment.

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Police Power

The state's power to regulate for public welfare and safety.

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Due Process

Legal procedures the government must follow when taking actions against individuals.

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Eminent Domain

The power to take private property for public use with compensation.

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International Human Rights Law

Standards and treaties from the international community for protecting human rights.

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1935 Constitution

A previous constitution of the Philippines that included human rights.

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1973 Constitution

A previous constitution of the Philippines that included human rights.

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Commission on Human Rights

A Philippine government body dedicated to promoting and protecting human rights.

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Inalienable Rights

Rights that cannot be taken away from individuals.

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Indivisible Human Rights

All human rights are equally important and cannot be prioritized.

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Interdependent Human Rights

The fulfillment of one right often depends on the fulfillment of another.

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Torture

The use of cruelty to extract information or confessions.

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Censorship

Suppression of information by the government.

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Habeas Corpus

The right to challenge the legality of imprisonment.

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International Covenants

International agreements that lay out human rights standards.

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Security of Tenure

The protection of jobs and positions from arbitrary removal.

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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

  • Human rights are classified into generations: First, Second, and Third Generation Rights.

  • 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

  • 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

  • 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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Reviewer: Human Rights in the Philippines PDF

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.

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