問題一覧
1
Mandates that the Philippines is bound by generally accepted principles of international
law which automatically form part of Philippine law by operation of the Constitution.” (Justice Carpio, in his dissent in Bayan Muna, 2011; citing Agpalo, International Law, 2006)
Doctrine of Incorporation
2
"which holds that the generally accepted rules of international law are not
per se binding upon the State but must first be embodied in legislation enacted by the lawmaking body and so transformed will they become binding upon the State as part of its municipal law.” (Sagani Gruz, International Law, 2000)
Doctrine Transformation
3
Binding formal agreement, contract, or other written instrument that establishes obligations between two or more subjects of international law (primarily states and international orqanizations).
Treaty
4
Refers to the collection of three international legal instruments on human rights.
International Bill of Human Rights
5
Adopted by bodies such as United Nations General Assembly, not legally binding although may be politically so, as soft law.
Declarations
6
adopted unanimously by the General Assembly on 10 December 1948;
Universal Declaration of Human Rights
7
legally binding instruments concluded under international law.
Conventions
8
_________and _______________One of the fundamental objectives of the United Nations Organization.
Recognition and respect of human rights
9
There can be ________ and _______ among nations unless human rights and the dignity and worth of the human person without distinction as to race, sex, lanquage or religion are recognized.
No peace and security
10
Common standard of achievement for all peoples and all nations
UDHR
11
Was mandated to examine, monitor and publicly report either on human rights situations in
specific countries or territories (known as country mechanisms or mandates) or on major phenomena of human rights violations worldwide (known as thematic mechanisms or mandates).
UN Commission on Human Rights
12
Formally established by the Enomic and Social Council.
UN Commission on Human Rights
13
The _______ undertakes special tasks assigned to it by the General Assembly or the Economic and Social Council, including the investigation of all allegations of human rights violations.
UN Commission on Human Rights
14
Deals With all aspects of human rights issues involving the participaticipation of all sectors of the international committee.
UN Commission on Human Rights
15
Are defined as those rights, which are inherent in our nature, and without which, we cannot live as human beings.
Human Rights
16
Basic characteristics of Human Rights
inherent fundamental inalienable impresriptible individisible universal interdependent
17
Gives man the rights to make moral decisions, he is responsible for doings so and has to answIt includes responsibility.
Freedom
18
Human rights are birth rights because they are not granted by an person or authority. They do not need any event for their existence.
Example: Rights to life and the right to dignity as a human being.
Inherent
19
Because without them, the life and dignity of a man will be meaningless. Freedom though or religion.
Example: Right to individual liberty and security of a person.
Fundamental
20
They cannot be rightfully taken away from a free individual.
Example: Freedom from torture.
Inalienable
21
They cannot be lost even by a long passage of time. Even a man fails to use or assert them
Example: Freedom of thought, conscience and religion.
Imprescriptible
22
Because they are not capable of being divided. They cannot be denied even when other rights have already been enjoyed.
Example: Freedom of expression of belief or opinion they include the right to freedom of religion and worship.
Indivisible
23
Are universal to all human beings irrespective of their iorigin, status or condition or place where they live.
All human beings are essentially the same. Said rights can be enforced without trial border.
Universal
24
Because the fulfillment or exercise of one cannot be cannot be had without the realization of the other.
Example: The right to life cannot be realize without the right to work in order to maintain a good standard of living.
Interdependent
25
God-given rights. Acknowledged by everybody to be morally good.
Unwritten but prevail as norms of the society.
Ex. Right to life, dignity and self-development.
Natural Rights
26
Rights which are conferred and protected by the constitution and cannot be modified or taken away by the law-making body.
Constitutional Rights
27
Provided by law promulgated baby the law-making body and consequently may be abolished by the same body and often referred as legal rights.
Statutory Rights
28
Classification of human rights
Civil rights, political rights, economic, social and cultural rights
29
Known as civil liberties. Set of rights pertaining to "those that belong to every citizen of the state or or country. Include the rights of property, marriage, equal
protection of the laws, freedom of contract, etc. refers to rights which an individual citizen may personally invoke against the State.
Civil Rights
30
Rights which guarantee a citizen the authority to participate in the
running of the affairs of the government. Also termed as participatory rights considering that these essentially grant the right to every citizen to be involved in public decision-making processess such as plebiscites and elections.
Example: Right to vote or right to suffrage (ArticleV of the Philippine
Constitution)
Political Rights
31
Recognize, protect and guaratee the person's right to education, housing
adequate standard of living, health and science and culture.
Referred to as entitlement rights.
Enshrined under the 1987 Constitution, specifically, Article ll (Declaration
of Principles and State Policies), Article Xll (Social Justice and Human
Rights), Article XIV ((Education Science and Technology, Arts, Culture and
Sports and Article) XV (The Family).
Economic, Social and Political Rights
32
Was adopted by the 56 members of the united nations.
Commonly referred to as the magna Carta, extended the revolution in international law ushered in by the united nations charter.
Universal declaration of human rights
33
Played a cardinal role in focusing the international community on human rights
issues.
Nongovernmental organizations
34
Examples of NGO
Amnesty internation Antislavery society international commission of jurist human rights watch
35
Are as old as human society itself.
Originally known as "Rights of Man"they are asserted by the citizens against tyrannical governments.
they arose from the struggle of man against injustices of despotic rulers.
Human rights
36
Was the first and last victim of human rights violation in the country.
Jose Rizal
37
The educated Filipinos were already aware of the basic constitutional rights guarantees entioned in the American and English bill of rights.
1896
38
Malolos Constitution was adopted, establishing a Republican government,
contained several provisions on civil and political rights, guaranteeing freedom from arbitrary arrest and detention, freedom from searches and seizures, freedom to choose home and freedom of religion.
June 20, 1899
39
Edsa revolution
1986
40
As laid down by the U.S Supreme Court, the accused has the right to be warned prior to any questioning.
Miranda doctrine
41
Right to equality
Article 1
42
Freedom from discrimination
Article 2
43
Right to life, liberty, personal security
Article 3
44
Freedom from slavery
Article 4
45
Freedom from torture and degrading treatment
Article 5
46
Right to recognition as a person before the law
Article 6
47
Right to equality before the law
Article 7
48
These are the Law Enforcement Officials EXCEPT:
Security Guard
49
When can a police officer allowed to arrest a person without a warrant arrest?
In flagrante delicto, hot pursuit, and escaped prisoners
50
Are people who have been taken into custody by agents of the state, yet whose whereabouts and fate are concealed.
Disappeared
51
Is it legal to disobey an order to participate enforced disappearance?
Yes
52
This Act shall be known as the Änti-Enforced or Involuntary Disappearance Act of 2012"
R.A 10353
53
What is HRBP?
Human rights-based policing
54
Are very critical in the conduct of investigation, evidence-gathering, and in pre emptying possible criminal activities or threats to public safety.
Search and seizure
55
Are important in maintaining public safety and deterring criminality in the streets. However, such checkpointsmust not inconvenience nor intimidate citizens but, instead, should provide them a real sense of safety and security.
Police checkpoint
56
Is a standard that provides law enforcement officials with guidelines on what level or degree of legal force may be used against a resisting person or group in a given situation..
Force continuum
57
Also known as the "Law of War" or the "law of armed conflict".
International humanitarian law
58
Generally defined as "a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict"
International humanitarian law
59
Where is international humanitarian law to be found?
Geneva conventions of 1949
60
Are those in which at least two states are involved.
International armed conflicts
61
Are those restricted to the territory of a single state, involving either regular armed forces fighting groups of armed dissidents, or armed groups fighting each other.
Non-international armed conflicts
62
Established in 1863, it operates worldwide, helping people affected by conflict and armed violence and promoting the laws that protect victims of war. An independent and neutral organization, its mandate stems essentially from the Geneva conventions of 1949
International committee of the red cross
63
The new "Philippine Act0n Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity" signed into law on 11 December 2009, is a breakthrough law for the enforcement of International Humanitarian Law (IHL) as well as human rights in the Philippines. For the first time here, a national statute defines and penalizes "the most serious crimes of concern to the international community as a whole" -- namely, war crimes, genocide, and other crimes against humanity.
R.A 9851
COLREGs - Convention on the International Regulations for Preventing Collisions at Sea, 1972
COLREGs - Convention on the International Regulations for Preventing Collisions at Sea, 1972
Gwen Yuchen · 41問 · 4ヶ月前COLREGs - Convention on the International Regulations for Preventing Collisions at Sea, 1972
COLREGs - Convention on the International Regulations for Preventing Collisions at Sea, 1972
41問 • 4ヶ月前CDI FINALS
CDI FINALS
Adrian Ramirez · 47問 · 1年前CDI FINALS
CDI FINALS
47問 • 1年前tt
tt
ユーザ名非公開 · 31問 · 1年前tt
tt
31問 • 1年前ユーザ名非公開
മനുഷ്യാവകാശ കമ്മീഷൻ
മനുഷ്യാവകാശ കമ്മീഷൻ
anandhakrishnan ea · 71問 · 1年前മനുഷ്യാവകാശ കമ്മീഷൻ
മനുഷ്യാവകാശ കമ്മീഷൻ
71問 • 1年前MARLAW EXAM
MARLAW EXAM
ユーザ名非公開 · 100問 · 1年前MARLAW EXAM
MARLAW EXAM
100問 • 1年前ユーザ名非公開
問題一覧
1
Mandates that the Philippines is bound by generally accepted principles of international
law which automatically form part of Philippine law by operation of the Constitution.” (Justice Carpio, in his dissent in Bayan Muna, 2011; citing Agpalo, International Law, 2006)
Doctrine of Incorporation
2
"which holds that the generally accepted rules of international law are not
per se binding upon the State but must first be embodied in legislation enacted by the lawmaking body and so transformed will they become binding upon the State as part of its municipal law.” (Sagani Gruz, International Law, 2000)
Doctrine Transformation
3
Binding formal agreement, contract, or other written instrument that establishes obligations between two or more subjects of international law (primarily states and international orqanizations).
Treaty
4
Refers to the collection of three international legal instruments on human rights.
International Bill of Human Rights
5
Adopted by bodies such as United Nations General Assembly, not legally binding although may be politically so, as soft law.
Declarations
6
adopted unanimously by the General Assembly on 10 December 1948;
Universal Declaration of Human Rights
7
legally binding instruments concluded under international law.
Conventions
8
_________and _______________One of the fundamental objectives of the United Nations Organization.
Recognition and respect of human rights
9
There can be ________ and _______ among nations unless human rights and the dignity and worth of the human person without distinction as to race, sex, lanquage or religion are recognized.
No peace and security
10
Common standard of achievement for all peoples and all nations
UDHR
11
Was mandated to examine, monitor and publicly report either on human rights situations in
specific countries or territories (known as country mechanisms or mandates) or on major phenomena of human rights violations worldwide (known as thematic mechanisms or mandates).
UN Commission on Human Rights
12
Formally established by the Enomic and Social Council.
UN Commission on Human Rights
13
The _______ undertakes special tasks assigned to it by the General Assembly or the Economic and Social Council, including the investigation of all allegations of human rights violations.
UN Commission on Human Rights
14
Deals With all aspects of human rights issues involving the participaticipation of all sectors of the international committee.
UN Commission on Human Rights
15
Are defined as those rights, which are inherent in our nature, and without which, we cannot live as human beings.
Human Rights
16
Basic characteristics of Human Rights
inherent fundamental inalienable impresriptible individisible universal interdependent
17
Gives man the rights to make moral decisions, he is responsible for doings so and has to answIt includes responsibility.
Freedom
18
Human rights are birth rights because they are not granted by an person or authority. They do not need any event for their existence.
Example: Rights to life and the right to dignity as a human being.
Inherent
19
Because without them, the life and dignity of a man will be meaningless. Freedom though or religion.
Example: Right to individual liberty and security of a person.
Fundamental
20
They cannot be rightfully taken away from a free individual.
Example: Freedom from torture.
Inalienable
21
They cannot be lost even by a long passage of time. Even a man fails to use or assert them
Example: Freedom of thought, conscience and religion.
Imprescriptible
22
Because they are not capable of being divided. They cannot be denied even when other rights have already been enjoyed.
Example: Freedom of expression of belief or opinion they include the right to freedom of religion and worship.
Indivisible
23
Are universal to all human beings irrespective of their iorigin, status or condition or place where they live.
All human beings are essentially the same. Said rights can be enforced without trial border.
Universal
24
Because the fulfillment or exercise of one cannot be cannot be had without the realization of the other.
Example: The right to life cannot be realize without the right to work in order to maintain a good standard of living.
Interdependent
25
God-given rights. Acknowledged by everybody to be morally good.
Unwritten but prevail as norms of the society.
Ex. Right to life, dignity and self-development.
Natural Rights
26
Rights which are conferred and protected by the constitution and cannot be modified or taken away by the law-making body.
Constitutional Rights
27
Provided by law promulgated baby the law-making body and consequently may be abolished by the same body and often referred as legal rights.
Statutory Rights
28
Classification of human rights
Civil rights, political rights, economic, social and cultural rights
29
Known as civil liberties. Set of rights pertaining to "those that belong to every citizen of the state or or country. Include the rights of property, marriage, equal
protection of the laws, freedom of contract, etc. refers to rights which an individual citizen may personally invoke against the State.
Civil Rights
30
Rights which guarantee a citizen the authority to participate in the
running of the affairs of the government. Also termed as participatory rights considering that these essentially grant the right to every citizen to be involved in public decision-making processess such as plebiscites and elections.
Example: Right to vote or right to suffrage (ArticleV of the Philippine
Constitution)
Political Rights
31
Recognize, protect and guaratee the person's right to education, housing
adequate standard of living, health and science and culture.
Referred to as entitlement rights.
Enshrined under the 1987 Constitution, specifically, Article ll (Declaration
of Principles and State Policies), Article Xll (Social Justice and Human
Rights), Article XIV ((Education Science and Technology, Arts, Culture and
Sports and Article) XV (The Family).
Economic, Social and Political Rights
32
Was adopted by the 56 members of the united nations.
Commonly referred to as the magna Carta, extended the revolution in international law ushered in by the united nations charter.
Universal declaration of human rights
33
Played a cardinal role in focusing the international community on human rights
issues.
Nongovernmental organizations
34
Examples of NGO
Amnesty internation Antislavery society international commission of jurist human rights watch
35
Are as old as human society itself.
Originally known as "Rights of Man"they are asserted by the citizens against tyrannical governments.
they arose from the struggle of man against injustices of despotic rulers.
Human rights
36
Was the first and last victim of human rights violation in the country.
Jose Rizal
37
The educated Filipinos were already aware of the basic constitutional rights guarantees entioned in the American and English bill of rights.
1896
38
Malolos Constitution was adopted, establishing a Republican government,
contained several provisions on civil and political rights, guaranteeing freedom from arbitrary arrest and detention, freedom from searches and seizures, freedom to choose home and freedom of religion.
June 20, 1899
39
Edsa revolution
1986
40
As laid down by the U.S Supreme Court, the accused has the right to be warned prior to any questioning.
Miranda doctrine
41
Right to equality
Article 1
42
Freedom from discrimination
Article 2
43
Right to life, liberty, personal security
Article 3
44
Freedom from slavery
Article 4
45
Freedom from torture and degrading treatment
Article 5
46
Right to recognition as a person before the law
Article 6
47
Right to equality before the law
Article 7
48
These are the Law Enforcement Officials EXCEPT:
Security Guard
49
When can a police officer allowed to arrest a person without a warrant arrest?
In flagrante delicto, hot pursuit, and escaped prisoners
50
Are people who have been taken into custody by agents of the state, yet whose whereabouts and fate are concealed.
Disappeared
51
Is it legal to disobey an order to participate enforced disappearance?
Yes
52
This Act shall be known as the Änti-Enforced or Involuntary Disappearance Act of 2012"
R.A 10353
53
What is HRBP?
Human rights-based policing
54
Are very critical in the conduct of investigation, evidence-gathering, and in pre emptying possible criminal activities or threats to public safety.
Search and seizure
55
Are important in maintaining public safety and deterring criminality in the streets. However, such checkpointsmust not inconvenience nor intimidate citizens but, instead, should provide them a real sense of safety and security.
Police checkpoint
56
Is a standard that provides law enforcement officials with guidelines on what level or degree of legal force may be used against a resisting person or group in a given situation..
Force continuum
57
Also known as the "Law of War" or the "law of armed conflict".
International humanitarian law
58
Generally defined as "a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict"
International humanitarian law
59
Where is international humanitarian law to be found?
Geneva conventions of 1949
60
Are those in which at least two states are involved.
International armed conflicts
61
Are those restricted to the territory of a single state, involving either regular armed forces fighting groups of armed dissidents, or armed groups fighting each other.
Non-international armed conflicts
62
Established in 1863, it operates worldwide, helping people affected by conflict and armed violence and promoting the laws that protect victims of war. An independent and neutral organization, its mandate stems essentially from the Geneva conventions of 1949
International committee of the red cross
63
The new "Philippine Act0n Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity" signed into law on 11 December 2009, is a breakthrough law for the enforcement of International Humanitarian Law (IHL) as well as human rights in the Philippines. For the first time here, a national statute defines and penalizes "the most serious crimes of concern to the international community as a whole" -- namely, war crimes, genocide, and other crimes against humanity.
R.A 9851