Download HUMAN RIGHTS LAW Q&A (JORGE COQUIA Book) PDF

TitleHUMAN RIGHTS LAW Q&A (JORGE COQUIA Book)
TagsHuman Rights Political Theories Civil And Political Rights Natural And Legal Rights Non Governmental Organization
File Size191.9 KB
Total Pages28
Document Text Contents
Page 1

Chapter I
GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

1. What do you understand by human rights?
 Human rights are universal legal guarantees protecting individuals and groups against

actions which interfere with fundamental freedoms and human dignity. Human rights
are generally defined as those rights which are inherent in our nature and without
which, we cannot live as human beings. These rights and fundamental freedoms allow
us to develop and use our human qualities, intelligence, talents and conscience, and to
satisfy our spiritual and other needs. The dignity of man and human life is inviolable.
From the dignity of man is derived the right of every person to free development of his
personality. It's the essence of these rights that make man human.

 Basic Charateristics: inherent, fundamental, inalienable, imprescriptible, indivisible,
universal and interdependent.

Classified to:
A. According to source - natural rights, constitutional rights, statutory rights
B. According to recipient - individual rights, collective rights
C. According to aspect of life - civil, political, economic, social, cultural rights
D. According to struggle for recognition - first, second and third generation rights
E. According to derogability - absolute or non-derogable, derogable or can-be-limited
rights

2. What are the Sources of human rights?
A. Natural rights - God-given rights, unwritten, prevail as norms of society
B. B. Constitutional rights - conferred and protected by the Constitution and cannot be modified or

taken away by the law-making body
C. C. Statutory rights - provided by law promulgated by the law-making body and may be abolished

by the same

3. Who are entitled to enjoy human rights?
 ALL

4. How did the violation of human rights originate?
 History has shown that as man started to live in a society, his inherent rights began to be

violated by his own fellowmen. The state authorities who are supposed to protect his
rights are even his persecutors.

5. Who were the first violatiors of human rights?
 The first violators were the Greeks and Romans who were supposed to have started the

development of Western civilization - they legalized the institution of slavery, when men
and women were held as chattels and could be disposed of in any manner

6. Human rights are characterized as Inherent. Why? Give examples.
 Not granted by any person or authority, do not need any event for their existence. Ex:

right to life and dignity as a human being

7. Human rights are Fundamental. Why? Give examples.
 Without them the life and dignity of man will be meaningless. Ex: right to individual

liberty and security of a person or freedom of thought and religion

8. Human rights are Inalienable. Why? Give examples
 Cannot be rightfully taken away from an individual. Ex: freedom from torture

9. Human rights are Imprescriptible. Why? Give examples
 Cannot be lost even by a long passage of time. Ex: freedom of thought, conscience and

Page 15

Commission on Human Rights identified the following sectors that should be educated
on Human Rights, which are, Military Personnel, Police Officers and other Law Enforcement
Agencies. The reason behind is that these government sectors are the most prone to the
violation of Human Rights.

Q: How should human rights education be given to the barangays?
CHR institutionalized Barangay Human Rights Action Centers to handle Human Rights

education and enforcement within the community. They are given basic program on
Constitutional Provisions and Basic Provisions of the International Instruments.

Q: Should human rights course be a part of the curriculum in schools? Why?
Yes. Human Rights education should start at the grass root level. Therefore, the best way

to integrate it in our education system is to include it in the curriculum of all learning
institutions. Moreover, the young ones are more expected to be receptive with Human Rights
education.

Q: What methods are suggested for the teaching of human rights to school students? To college
students?To adult citizens in barangays?

 CHR Human Rights Module
 Situational Example of Human Acts and how could there be possible Human Rights Violation
 Question and Answer

Chapter X
REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS , TREATIES AND LAW

Q: What do you mean by remedies for enforcement of human rights?
For every right, there must be an effective remedy. These remedies are developed by the

law making bodies in which people may use to seek proper course of action in the event that
their human rights have been violated.

Q: What are the forms of remedies available to human rights victims through:
a) United Nations Systems

a. Optional Protocol to International Covenant on Civil and Political Rights adopted in
1966 (Ratified by the Philippines on August 22, 1989).

b. The International Covenant on Elimination of all Forms of Racial Discrimination
(Ratified by the Philippines on September 15, 1967).

c. Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or
Punishment (Ratified on June 18, 1986).

d. 1503 Procedure
b) Through International Tribunals

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