Human Rights Overview

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Questions and Answers

What characteristic of human rights indicates that they cannot be taken away from an individual?

Inherent

Inalienable (correct)

Fundamental

Imprescriptible

Which type of rights are acknowledged as being morally good and considered god-given?

Constitutional Rights

Statutory Rights

Natural Rights (correct)

Collective Rights

Which characteristic of human rights emphasizes that they apply to everyone regardless of status or origin?

Interdependent

Fundamental

Indivisible

Universal (correct)

What type of rights are provided by law and can be modified by the body that created them?

Statutory Rights Signup and view all the answers

Which of the following rights is considered a collective right?

Right to cultural preservation Signup and view all the answers

What aspect of life do civil rights pertain to?

Personal freedoms Signup and view all the answers

Which characteristic of human rights suggests that they cannot be lost over time?

Imprescriptible Signup and view all the answers

Which type of rights are specifically accorded to individuals?

Individual Rights Signup and view all the answers

Which of the following is an example of a political right?

Right to vote Signup and view all the answers

What is defined as absolute or non-derogable rights?

Rights that cannot be suspended even in emergencies Signup and view all the answers

Which requirement is NOT necessary for a derogable right to be limited?

Requires a declaration of war Signup and view all the answers

What does cultural rights ensure?

Prevention and enrichment of national culture Signup and view all the answers

Which example illustrates a violation of human rights?

Louie Soriao's readmission refusal Signup and view all the answers

What is an example of economic and social right?

Right to own property Signup and view all the answers

In what situation may a derogable right be limited?

During a state of emergency Signup and view all the answers

Which of the following statements accurately defines human rights?

Universal rights inherent to all human beings Signup and view all the answers

What was the reason cited by Soriao for questioning the notice regarding his readmission?

He was deprived of due process. Signup and view all the answers

What was the ruling of the Court of Appeals regarding Soriao's right to education?

Soriao was indeed denied his right to education. Signup and view all the answers

What document articulates the core human rights recognized globally?

International Bill of Human Rights Signup and view all the answers

What kind of entities are classified as non-state actors in relation to human rights?

Private corporations and NGOs Signup and view all the answers

Which treaty aims specifically at the abolition of the death penalty?

Second Optional Protocol to the International Covenant on Civil and Political Rights Signup and view all the answers

Which fundamental right is included in the International Bill of Human Rights?

Right to education Signup and view all the answers

What was the administration's response to Soriao's plea for reconsideration?

They decided to stick to their decision. Signup and view all the answers

On what date was the Universal Declaration of Human Rights proclaimed?

December 10, 1948 Signup and view all the answers

What is the primary role of the UN Commission on Human Rights?

To assist in all matters relating to human rights Signup and view all the answers

Which of the following crimes does the International Criminal Court NOT have jurisdiction over?

Theft Signup and view all the answers

How many judges serve in the International Criminal Court?

18 Judges Signup and view all the answers

What major treaty governs the International Criminal Court?

The Rome Statute Signup and view all the answers

What is the definition of genocide according to international law?

Intent to destroy a national, ethnic, racial, or religious group Signup and view all the answers

Which convention offers extensive protections for prisoners of war?

Geneva Convention Signup and view all the answers

What type of international law seeks to limit the effects of armed conflict?

International Human Rights Law Signup and view all the answers

What does the crime of aggression entail?

Use of armed force against another state's political independence Signup and view all the answers

What is one of the primary tasks of the committee related to the Geneva Conventions?

To monitor compliance of warring parties with the Geneva Conventions Signup and view all the answers

Which of the following acts is considered a violation of international humanitarian law?

Directing attacks against hospitals Signup and view all the answers

What does 'hors de combat' refer to in the context of international humanitarian law?

A person incapacitated and unable to defend themselves Signup and view all the answers

What penalty may be imposed for grave breaches of international humanitarian law, as per Republic Act No. 9851?

Reclusion perpetua and a substantial fine Signup and view all the answers

Under what circumstance does the state exercise jurisdiction over crimes against international humanitarian law?

The accused is present in the Philippines Signup and view all the answers

Which act is specifically mentioned as a grave breach that necessitates punishment?

Rape or sexual slavery Signup and view all the answers

How much is the minimum fine for someone convicted of grave breaches, as defined by the penalties in R.A. 9851?

100,000 pesos Signup and view all the answers

What is required from states regarding the punishment of grave breaches?

States are required to pass relevant criminal legislation Signup and view all the answers

Study Notes

Human Rights

Human rights are inherent, fundamental, inalienable, imprescriptible, indivisible, universal, and interdependent
Human rights are the rights to life, dignity, and self-development
Human rights are concerned with civil, political, economic, social, and cultural rights

Characteristics of Human Rights

Inherent: Natural or inborn, not granted by any person or authority
Fundamental: Essential, without them, life and dignity are meaningless
Inalienable: Cannot be rightfully taken away from an individual
Imprescriptible: Cannot be lost, even if not used or asserted, even by a long passage of time
Indivisible: Not capable of being divided, cannot be denied even when other rights are enjoyed
Universal: Applies to everyone, irrespective of origin, status, condition, or place of residence
Interdependent: The fulfillment or exercise of one right cannot be had without the realization of others

Types of Human Rights

According to Source

Natural Rights: God-given rights, acknowledged by all to be morally good. Unwritten but prevail as societal norms. Examples: Right to be happy, right to marry, right to life and property.
Constitutional Rights: Conferred and protected by the Constitution, cannot be modified or taken away by the law-making body. Examples: Right to suffrage, right to religion.
Statutory Rights: Provided by law-making body, may be abolished by the same body. Examples: Rights of the accused, rights of persons under custodial investigation.

According to Recipient

Individual Rights: Accorded to individuals. Examples: Right to vote, right to own property.
Collective Rights: Also called "People's rights" or "Solidarity rights," rights of society, can only be enjoyed in company with others. Examples: Right to cultural preservation, environmental rights, right to assembly.

According to Aspect of Life

Civil Rights: Rights enforced by law for the purpose of securing the enjoyment of happiness. Examples: Right to self-expression, right to marry, right to religion.
Political Rights: Rights that enable participation in running the affairs of government, directly or indirectly. Examples: Right to vote, right to assembly.
Economic and Social Rights: Rights that enable social and economic development. Examples: Right to own property, rights of employees.
Cultural Rights: Rights that ensure well-being and foster the enrichment and evolution of national culture, based on unity in diversity. Examples: Right to practice one's culture, right to cultural religion, right to use one's language.

According to Derogability

Absolute or Non-Derogable Rights: Cannot be suspended, taken away, or restricted, even in extreme emergencies or under national security. Examples: Right to freedom of thought, conscience, and religion.
Derogable or Can-Be-Limited Rights: May be suspended or restricted depending on circumstances that call for the preservation of social life. Requirements for valid derogation:
- Provided for by law, known to citizens
- State of emergency exists, requiring preservation of public good, safety, or moral
- Does not exceed what is strictly necessary to achieve the purpose. Examples: Right to travel, right to liberty.

Human Rights Violation

Slavery: Africans were stripped of human rights, enslaved, brutally treated, and considered lesser than other humans for centuries.
Holocaust: Genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and collaborators systematically murdered six million Jews.

Example of Human Rights Violation

Louie Soriao Case: A high school student denied readmission without due process, which violated his right to education.

Non-State Actors

Include organizations and individuals not affiliated with, directed by, or funded by the government.
These include corporations, private financial institutions, and NGOs.
Non-state entities are obligated to comply with human rights in the private sphere.

International Bill of Human Rights

Consists of five core treaties:
- Universal Declaration of Human Rights
- International Covenant on Economic, Social, and Cultural Rights
- International Covenant on Civil and Political Rights
- Optional Protocol to the International Covenant on Civil and Political Rights
- Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

Universal Declaration of Human Rights

An international document articulating 30 fundamental rights and freedoms for all.
Proclaimed by the United Nations General Assembly in Paris on December 10, 1948.

UN Commission on Human Rights

Established by the Economic and Social Council to assist with all matters relating to human rights.
Composed of 43 members.
Deals with all aspects of human rights issues involving participation from all sectors of the international committee.
Undertakes special tasks assigned by the General Council, including investigating allegations of human rights violations.
Special rapporteurs or working groups are appointed to deal with specific topics.

International Criminal Court (ICC)

Investigates and tries individuals charged with genocide, war crimes, crimes against humanity, and the crime of aggression.
As a court of last resort, it complements national courts.
Governed by the Rome Statute, the world's first permanent international criminal court.
123 countries are party to the Rome Statute.
Main offices are in Hague, Netherlands.
18 Judges.

Jurisdiction of the ICC

Genocide: Intent to destroy in whole or in part a national, ethnic, racial or religious group.
War Crimes: Grave breaches of the laws of war, including the Geneva Conventions.
Crimes against Humanity: Violations committed as part of large-scale attacks against civilian populations.
Crimes of Aggression: The use or threat of armed force by a state against the political independence of another state, or violations of the United Nations Charter.

International Human Rights Law

Also known as the law of war or the law of armed conflict.
Regulates the conduct of warfare.
Aims, for humanitarian reasons, to limit the effects of armed conflict.
Protects those not participating or no longer participating in hostilities and restricts the means and methods of warfare.

Prisoners of War (POWs)

Defined by Geneva Conventions.
Refers to those captured during armed conflict.

Salient Tasks of the ICRC (International Committee of the Red Cross)

Monitoring warring parties' compliance with Geneva Conventions.
Organizing nursing and care for the wounded on the battlefield.
Supervising the treatment of prisoners of war.
Helping with the search for missing persons in an armed conflict.

War Crimes

Violations of international humanitarian law (treaty or customary law) that occur during wartime.
Examples:
- Intentionally directing attacks against civilians.
- Intentionally directing attacks against buildings dedicated to religion, education, art, or hospitals.
- Rape or sexual slavery.
- Enlisting children under 15 years of age into armed forces or groups.

Republic Act No. 9851

Defines and penalizes crimes against international humanitarian law, genocide, and other crimes against humanity.
Organizes jurisdiction and designates special courts.

Hors de Combat

A person who:
- Is in the power of an adverse party.
- Clearly expressed an intention to surrender.
- Has been rendered unconscious or incapacitated by wounds or illness, unable to defend themselves.

Penalties (Sec. 7, R.A. 9851)

Reclusion Temporal: Medium to maximum period, fine of 100,000 to 500,000 pesos.
Reclusion Perpetua: When justified by extreme gravity of the crime, or when crimes result in death, serious injury, or rape, fine of 500,000 to 1,000,000 pesos.

Jurisdiction (Sec. 17, R.A. 9851)

The state exercises jurisdiction over individuals, military or civilian, if:
- The accused is a Filipino citizen.
- The accused, regardless of citizenship or residence, is present in the Philippines.
- The accused has committed the crime against a Filipino citizen.

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Explore the fundamental aspects of human rights that are inherent, indivisible, and universal. This quiz covers the essential characteristics, types, and definitions of human rights, emphasizing their importance for dignity and self-development. Test your knowledge on this vital subject.