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1. What do you understand by human rights? Human rights, as I have understood, are rights innately in our being.

Such right cannot be taken away from any individual, as it is part of being a human that is the socalled absolute right. An example is the right of freedom from torture, right to be recognized as a person, right to freedom thought and conscience. But it may also be relative, as those that may be suspended, restricted or limited. An example is the right to freely move may be limited through the imposition of curfews.

2. What are the sources of human rights?

The following are the sources of human rights: a.) Natural rights; b.) Constitutional rights; c.) Statutory rights.

3. How did the violation of human rights originate?

History will tell us that violation of human rights originated at the time man started to live in a society wherein his inherent rights were violated by his own fellowmen. At some point, the ancient Greeks and Romans legalized the institution of slavery, when men and women were held as chattels and could be disposed of in any manner at the will of their masters.

4. Explain why human rights became an international concern?

Basically, the issue on human rights was only among the nationals; however the citizens of the state asserted such rights against their tyrannical rulers. Also, during the World War II masses of people convinced international jurists that the protection of human rights should be an international concern. In effect, the United Nations come up

with an objective which was the reaffirmation in fundamental human person and dignity and worth of the human person.

Later on, through the Universal Declaration of Human Rights the basic norms and standards of the human rights were proclaimed. Since it was a mere declaration, its provisions were not legally binding on States, hence, in 1966 the International Covenant on Civil and Political Rights, amplifying the human rights principles in the Universal Declaration was adopted. Then, with the adoption of the International Covenant on Economic, Social and Cultural Rights the human rights concept was further broadened.

Finally, the human rights provisions of the United Nations Charter, the Universal Declaration of Human Rights and these two Covenants are now known as the International Bill of Human Rights.

5. How was the human rights introduced in the Philippines? Human rights in the Philippines were introduced, in effect of the execution of Jose Rizal who was arbitrarily arrested and tried by his own persecutors for his written works denouncing the abuses of the Spanish authorities and church friars on his fellow Filipinos. Since then, the educated Filipinos were already aware of the basic constitutional guarantees mentioned in the American and English Bill of Rights. The Malolos Constitution, which established 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 domicile and freedom of religion. During the U.S. sovereignty, the application of American Bill of Rights was directed by President Mckinley. Such principles were reiterated in the Philippine Bill of 1902, the Philippine Act 1916 otherwise known as the Jones Law, and the Philippine Independence Act of 1934, known as the Tydings-Mcduffee Law. Subsequently, the 1935 Philippine Constitution, and reiterated in the 1973 Philippines Constitution contained the Bill of Rights, which are now known as civil and political rights.

However, during the military rule of Japan, the Filipinos were temporarily deprived of enjoyment of their civil and political rights but were restored in 1945.

Again, the Filipinos were subjected to the violation of human rights during the Marcos regime; but when his administration was terminated during the first EDSA revolution, it was at time when the 1987 Philippine Constitution was born which was adopted in 1986 and took effect in 1987. This new constitution categorically states that the State values the dignity of every human person and guarantees full respect for human rights.

6. What is the International Bill of Human Rights?

The International Bill of Human Rights is an informal name given to one General Assembly resolution and two international treaties established by the United Nations. It consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights.

The recognition and respect of human rights is one of the main objectives of the United Nations Organization. The preamble of the UN Charter declared the determination of the UN members to reaffirm faith in fundamental human rights and the dignity and worth of human person and that all humans have equal rights.

7. What is the Universal Declaration of Human Rights?

It is a declaration adopted by the United Nations General Assembly on December 10, 1948. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled.

The drafters of this Declaration were influenced by a natural right theory which is a source of human rights, recognized the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the whole world. In effect, the first eight articles emphasize that all human beings, without distinction, are born free and equal in dignity and rights. These are based on the principle of equality and non-discrimination in the enjoyment of fundamental freedoms.

Next articles deal with the civil and political rights which all human beings are entitled to that includes life, liberty and security of person, freedom from slavery and servitude, freedom from torture, and cruel, inhuman or degrading treatment or punishment. The Declaration also states that every individual should enjoy freedom from arbitrary arrests, illegal detention or exile. If he is involved in court litigation, he is entitled to a fair trial and public hearing by an independent and impartial tribunal. If he is accused of criminal offense, he enjoys the presumption of innocence until his guilt has been proven. He may not also be convicted for an act which is not a penal offense at the time he committed it.

Also, the Declaration guarantees the individual freedom from arbitrary interference with his privacy, family, home, or correspondence. He is also guaranteed freedom of movement and residence, including the right to leave any country. This includes the right to asylum, that is, to seek refuge in any country due to persecution in his own country.

Other fundamental rights enumerated in the Declaration are, nationality and the family; right to own property; freedom of thought, conscience and religion; economic, social and cultural rights; rights to education and cultural development; and development of personality.

8. What international instruments have been adopted to serve as legally binding treaties on the countries that ratify them?

The two International Covenants were adopted in 1966 are the following: a.) International Covenant on Economic, Social and Cultural Rights; and b.) International Covenant on Civil and Political Rights.

9. What are some of the hindrances or obstacles to the enforcement of human rights international instruments?

There are still obstacles to the enforcement of human rights instruments, some of them are the following: a.) Genocide; b.) Crimes against humanity; c.) War crimes and aggression; d.) Torture; e.) Mass execution; f.) Arbitrary detention; g.) Other forms of oppression.

10. What do you understand by civil rights? Cite Examples. Civil rights are the rights which the law will enforce at the instance of individuals without discrimination for the enjoyment to their lives, liberty and means of happiness. Some examples are the right to be free from arbitrary arrest and detention, freedom from torture and the right to life. Civil rights include also the ensuring of peoples physical and mental integrity, life and safety; protection from discrimination on grounds such as race, gender, sexual orientation, gender identity, national origin, color, ethnicity, religion, or disability; and individual rights such as privacy, the freedoms of thought and conscience, speech and expression, religion, the press, assembly and movement.

11. Discuss at least three (3) rights of a person who is accused of a crime.

The following are the rights of the accused: (1) Right to fair and public trial; (2) Right to bail; (3) Right against self-incrimination

The right of the accused to fair and public trial is set forth under Article III, Sec.14 of the 1987 Philippine Constitution which guarantees the accused the right to a speedy, impartial and public trial to prevent abuse of the state power. An independent tribunal is necessary to prevent any arbitrary proceedings. The Court must lawfully

acquire jurisdiction of the parties and subject matter and the defendant must be given opportunity to be heard, and judgment must be rendered.

Then, the right of the accused to bail is a security filed by an accused for his temporary release. An accused is entitled to bail except when he is charged of a crime punishable by life or death and the evidence of guilt is strong.

Lastly, the right of the accused against self-incrimination is embodied under Article III, Sec.17 of the 1987 Constitution which provides that no person shall be compelled to be a witness against himself. It is a right granted to the accused who may then refuse to answer questions that will lead to his conviction.

12. Briefly explain what is meant by economic, social and cultural rights.

Economic, social and cultural rights are considered as second generation rights or commonly known as social welfare rights. They are generally stated as positive undertakings or obligations of the government to ensure the economic well-being of the people. They are also called as affirmative rights and viewed as goals and aspirations that government should provide for its citizens depending upon its resources.

Sources: Human Rights by Jorge R. Coquia Human Rights Notes by Atty. Lynnart Tan //http:wikipedia.org

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