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negative, that all humans have based only on the fact that they are human. These rights
can be natural or conventional. That is, natural rights are those that are moral while
conventional are those created by humans and reflect society's values.
Natural and Legal Rights are two types of rights. Natural Rights are those that are
not dependent on the laws or customs of any particular culture or government, and
therefore universal and inalienable
Conventional/Legal Rights are those bestowed onto a person by a given legal system
The idea of Human Rights is also closely related to that of natural rights: some
acknowledge no difference between the two, regarding them as synonymous, while
others choose to keep the terms separate to eliminate association with some features
traditionally associated with natural rights. Natural rights, in particular, are considered
beyond the authority of any government or international body to dismiss.
The 1948 United Nations Universal Declaration of Human Rights is an
important legal instrument enshrining one conception of natural rights into
international soft law. Natural rights were traditionally viewed as exclusively negative
rights, whereas human rights also comprise positive rights. [4] Even on a natural rights
conception of human rights, the two terms may not be synonymous.
VIEW: Even though it is not a legally binding document, UDHR was the first step in
creation of the International Bill of Rights. So, it's political importance should not be
neglected: It was the first time in human history that state officials from different
cultures, with different religious or ethical convictions, agreed upon the list of individual
(and collective) rights that should be guaranteed to everyone under their jurisdiction.
Human rights in the Philippines pertains to the concept, practice, and issues of
human rights within the Philippine archipelago. The concept of "human rights," in the
context of the Philippines, pertains mainly (but is not limited) to the civil and political
rights of a person[1] living in the Philippines by reason of the 1987 Philippines
Constitution.[2] Human rights are a justified set of claims that set moral standards to
members of the human race, not exclusive to a specific community or
citizenship. Membership in the human race is the sole qualification to obtain these
rights. Human rights, unlike area-specific conventions of international laws are
universally justifiable as it pertains to the entire human race, regardless of geographical
location.
According to the Charter, the jurisdiction of the United Nations is to provide cooperation
among the nations, and not act as an international government. The UN Charter paved
the way for the drafting of the UDHR. The UDHR aims to promote "universal respect for,
and the observance of, human rights." Thus, the UDHR is merely a declaration for each
signatory to adopt to its own political system. The significance of the UDHR as stated in
its Preamble is:
VIEWS: In the Philippines, rights of persons are protected and guaranteed under the
1987 Constitution, particularly Article III or the so-called Bill of Rights. A conventional or
legal rights embodied the sanctuary of protection for all persons, citizens or non-
citizens, against any and all kinds of abuses of power and authority by the government,
or any of its officials and employees.
I other words, the Bill of Rights serves not only as a limitation but also a deterrent to
further violations of fundamental liberties which is the essence of constitutional
democracy.
QUESTION: Are all the powers of the government limited by the Bill of Rights?
ANSWER: Yes.
REASON: The Bill of Rights serves as a leverage, a countervailing shield which the
people can have against any form of injustice.
ANSWER: 1. Natural rights rights which are possessed by every citizen without being
granted by the State for they are given to man by God as a human being
so that he may live a happy life.
2.Constitutional rights rights which are conferred and protected by the
Constitution.
CHAPTER I
EFFECT AND APPLICATION OF LAWS
Art. 2. Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, or in newspaper of general circulation in the
Philippines, unless it is otherwise provided. (As amended by E.O. 200)
Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)
Art. 14. Penal laws and those of public security and safety shall be obligatory upon all
who live or sojourn in the Philippine territory, subject to the principles of public
international law and to treaty stipulations. (8a)
Art. 15. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living
abroad. (9a)
CHAPTER 2
HUMAN RELATIONS (n)
Art. 19. Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith.
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to
another, shall indemnify the latter for the same.
Art. 21. Any person who wilfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for the
damage.
A treaty has signed participants who pass legislation pursuant to it. A declaration is just
the UN declaring something. You can determine which one equates to quicker
application.
There is a Doctrine of state continuity which means if a state signs a treaty, even if there
is a major change of government, the state is still bound by its prior treaty obligations.
(The term "soft law" refers to quasi-legal instruments which do not have any legally
binding force, or whose binding force is somewhat weaker than the binding force of
traditional law, often contrasted with soft law by being referred to as "hard
law". Traditionally, the term "soft law" is associated with international law, although more
recently it has been transferred to other branches of domestic law as well.)