問題一覧
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Classification of human rights
Civil rights, political rights, economic, social and cultural rights
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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
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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
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Played a cardinal role in focusing the international community on human rights issues.
Nongovernmental organizations
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Are those in which at least two states are involved.
International armed conflicts
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Examples of NGO
Amnesty internation Antislavery society international commission of jurist human rights watch
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When can a police officer allowed to arrest a person without a warrant arrest?
In flagrante delicto, hot pursuit, and escaped prisoners
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Are people who have been taken into custody by agents of the state, yet whose whereabouts and fate are concealed.
Disappeared
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They cannot be rightfully taken away from a free individual. Example: Freedom from torture.
Inalienable
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These are the Law Enforcement Officials EXCEPT:
Security Guard
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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
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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
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Refers to the collection of three international legal instruments on human rights.
International Bill of Human Rights
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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
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Gives man the rights to make moral decisions, he is responsible for doings so and has to answIt includes responsibility.
Freedom
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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
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What is HRBP?
Human rights-based policing
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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
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Freedom from slavery
Article 4
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The educated Filipinos were already aware of the basic constitutional rights guarantees entioned in the American and English bill of rights.
1896
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Right to recognition as a person before the law
Article 6
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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
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Right to equality before the law
Article 7
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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
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"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
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_________and _______________One of the fundamental objectives of the United Nations Organization.
Recognition and respect of human rights
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Adopted by bodies such as United Nations General Assembly, not legally binding although may be politically so, as soft law.
Declarations
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This Act shall be known as the Änti-Enforced or Involuntary Disappearance Act of 2012"
R.A 10353
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Rights which are conferred and protected by the constitution and cannot be modified or taken away by the law-making body.
Constitutional Rights
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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
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Are defined as those rights, which are inherent in our nature, and without which, we cannot live as human beings.
Human Rights
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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
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Right to life, liberty, personal security
Article 3
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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
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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
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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
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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
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Also known as the "Law of War" or the "law of armed conflict".
International humanitarian law
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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
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Common standard of achievement for all peoples and all nations
UDHR
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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
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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
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Formally established by the Enomic and Social Council.
UN Commission on Human Rights
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As laid down by the U.S Supreme Court, the accused has the right to be warned prior to any questioning.
Miranda doctrine
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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
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Edsa revolution
1986
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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
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Right to equality
Article 1
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Deals With all aspects of human rights issues involving the participaticipation of all sectors of the international committee.
UN Commission on Human Rights
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Is it legal to disobey an order to participate enforced disappearance?
Yes
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adopted unanimously by the General Assembly on 10 December 1948;
Universal Declaration of Human Rights
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Freedom from discrimination
Article 2
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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
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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
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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
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Generally defined as "a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict"
International humanitarian law
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Where is international humanitarian law to be found?
Geneva conventions of 1949
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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
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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
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Was the first and last victim of human rights violation in the country.
Jose Rizal
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Basic characteristics of Human Rights
inherent fundamental inalienable impresriptible individisible universal interdependent
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Freedom from torture and degrading treatment
Article 5
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legally binding instruments concluded under international law.
Conventions