The document summarizes the key points of a lesson on human rights law. It defines human rights and their basic characteristics such as being inherent, fundamental, inalienable, and indivisible. It then discusses the sources and foundations of human rights law, including the 1987 Philippine Constitution, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Finally, it outlines the rights of a person during custodial investigation such as the right to remain silent and the right to an attorney.
The document summarizes the key points of a lesson on human rights law. It defines human rights and their basic characteristics such as being inherent, fundamental, inalienable, and indivisible. It then discusses the sources and foundations of human rights law, including the 1987 Philippine Constitution, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Finally, it outlines the rights of a person during custodial investigation such as the right to remain silent and the right to an attorney.
The document summarizes the key points of a lesson on human rights law. It defines human rights and their basic characteristics such as being inherent, fundamental, inalienable, and indivisible. It then discusses the sources and foundations of human rights law, including the 1987 Philippine Constitution, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Finally, it outlines the rights of a person during custodial investigation such as the right to remain silent and the right to an attorney.
The document summarizes the key points of a lesson on human rights law. It defines human rights and their basic characteristics such as being inherent, fundamental, inalienable, and indivisible. It then discusses the sources and foundations of human rights law, including the 1987 Philippine Constitution, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Finally, it outlines the rights of a person during custodial investigation such as the right to remain silent and the right to an attorney.
Course: CA 3 Date: December 18,2021 Semester: 1nd semester Name: Monzales, Jemar L. Program Enrolled: Bachelor of Science in Criminology Instructor: Mr. Ryan B. Sobayno
Module 1: Human Rights Law
Let’s do this!
1. Define Human Rights and briefly discuss its basic characteristics.
ANS: Those rights, which are inherent in our nature and Without which, we cannot live as human beings. It allows us to develop and use our human qualities intelligence, talents and conscience and to satisfy our spiritual and other needs. Supreme, inherent and inalienable rights to life dignity, and self-development. The essence of these rights makes man human.
Basic Characteristics of Human Rights:
1. Inherent- Not granted by any person or authority.
2. Fundamental- without them, the life and dignity of man will be meaningless. 3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be given away or be forfeited.
4. Imprescriptible- cannot be lost even if man fails to use or assert them, even by a long passage of time.
5. Indivisible- Not capable of being divided. Cannot be denied even when other rights have already been enjoyed.
6. Universal- It applies irrespective of one's origin, status, or condition or place where
one lives. Rights can be enforced without national border.
7. Interdependent- The fulfillment or exercise of one cannot be had without the
realization of the other. Human Rights Principles.
2. What are the sources and foundations of human rights law? Enumerate and comprehensively discuss each.
ANS: SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW
The 1987 Constitution - The Constitution itself is a source, and not only the Bill of Rights.
The 1987 Constitution is the basic source of human rights law in the Philippines.
➢ As early as Biak na Bato, our forefathers are conscious about the rights of human beings.
➢ A novel feature of the 1987 Constitution is the independent constitutional office of the Commission of Human Rights, the first national human rights commission in the world.
International Bill of Rights - U Thant, former Secretary General of the UN called the three (3) documents and the Optional Protocol to the Covenant on Civil and Political Rights as "Magna Carta for mankind" and is "the essential prerequisite for peace at home and in the world". Universal Declaration of Human Rights (UDI-IR)
➢ The Commission on Human Rights of the United Nations drafted the IJDHR, while the United Nations passed it.
➢ The chairwoman was former first lady Eleanor Roosevelt.
➢ The declaration was adopted by 48 votes in favor, none against and eight abstentions
➢ Carlos Romulo was also there during the drafting of the CHR of the UN.
➢ The Preamble to the UDHR refers to the concepts of inherent human dignity and one inalienable nature of human rights. It also called for inter-cultural consensus by indicating that a common understanding of the rights and freedoms is to achieve promotion of universal respect for and observance of human rights and fundamental freedoms.
International Covenant on Civil and Political Rights (ICCPR)
➢ Adopted unanimously by 106 States and entered into force in 1976.
International Covenant on Economic, Social and Cultural Rights
3. What are the rights of a person during custodial investigation? Explain or briefly discuss each.
ANS: The right to be informed of his rights - i.e. the reading of the Miranda Doctrine or custodial rights by police during his arrest. This carries the correlative obligation on the part of the investigator to explain and contemplates effective communication which results in the subject understanding what is conveyed.
The right to remain silent and to be reminded that anything he says can and will be used against him - This refers not only to verbal confessions but also to acts. However, mechanical acts that does not require the use of intelligence (such as providing DNA samples) or to answers to general questions are not protected under this right The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided for him - This right is absolute and applies even if the accused himself is a lawyer. The right is more particularly the right to independent and competent. An independent counsel is one not hampered with any conflicts of interest, and a competent counsel is one who is vigilant in protecting the rights of an accused. Right against torture, force, violence, threat, intimidation or any other means which vitiate the free will of the person.
Right against secret detention places, solitary, incommunicado, or other similar
forms of detention - Any confession or admission obtained from the person arrested in violation of these rights are inadmissible in evidence and cannot be used against said person. This is called the Exclusionary Rule, i.e. it is excluded from the evidence to be considered by the court during trial. Such confession or admission is tainted and must be suppressed under the 'Fruit of the Poisonous Tree" Doctrine.
