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Amante, Zoren Royce S.


BS-Criminology 2nd year Blk. 18

CrLJ-102 Human Rights Education

Lesson 1.1 Learning Task


Write an essay regarding the importance of human rights education to
the State, to its people and to the international community.
1. Many individuals regard human rights as a set of universal moral
principles. Human rights are also a component of international law, as
they are spelled out in treaties and declarations that state which rights
nations must maintain. Human rights are frequently incorporated into
national, state, and municipal laws.
Human rights are the minimal criteria that individuals must meet in
order to live in dignity. Human rights offer people the freedom to
choose how they live, express themselves, and support the
government of their choice, among other things. People's fundamental
necessities, such as food, shelter, and education, are also guaranteed
under human rights, allowing them to take full use of all chances.
Finally, human rights safeguard people from abuse by powerful
persons by ensuring life, liberty, equality, and security.

Lesson 1.1 Learning Task


What were the factors/influences that have shaped the concept of
human rights over time?
2. The elements that have influenced and molded the notion of human
rights over time include the "no one shall" principle, which means that
political and civil liberty are restricted. When it comes to freedom of
expression and action, rights are important. In politics, there are certain
things that are banned by legislation, such as rulers being able to do
anything they please. This topic is concerned and focused on civil and
political rights. Human rights are also beneficial since they focus on
social, economic, and cultural rights. People are concerned with human
life, with the right to exist and the ability to obtain what they want and
desire. All important aspects of a person's existence must be supplied
and acknowledged on an equal basis for civil rights, societal
advantages, and the right to obtain a set of possibilities that the "state
should" offer. The right to development, the right to peace, the right to a
healthy environment, and the right to humanitarian aid in the face of
natural catastrophes, poverty, and tragedies, to name a few.

Module 1 Evaluation/Assessment
Discuss the concept and application of the "prohibition on unreasonable
searches and seizures” against the State and against private
individuals. Read the case "People vs. Andre Marti, G.R. No. 81561,
January 18, 1991" for your reference.
3. There are exceptions to the prohibition on and reasonable searches
and seizures without a warrant, such as arresting a person without
serving a warrant of arrest if the commission of a crime is caught in the
act or attempting to commission a crime has been committed, as well
as if the crime has been committed in a reasonable amount of time and
has a reason and proof, and suspecting a specific person. They can
detain them at any moment, anywhere in the Philippines. According to
People versus Adre Matte, G.R. No. 81561, January 18, 1991, 193
SCRA 57 (1991), the constitutional prohibition against unlawful
searches and seizures applies solely to the government and its agents
entrusted with enforcing the law. As a result, it could only be used
against the state, which has been restricted from exercising authority in
an arbitrary and unjustified manner. Only through resistance to the
government and division is it under control or limited.

Module 2 Evaluation/Assessment
Answer the following:
1. What are the sources of International Human Rights Law?
 International Conventions/Agreements/Treaties
 International custom, as evidence of a general practice accepted
as law.
 General principles of law recognized by the community of
nation.
 Judicial decisions and the teachings of most highly qualified
publicists.
2. What is a treaty?
 A treaty is a formal agreement that brings together a group of
people who have more power and control over a specific
territory by establishing and enforcing certain rules within the
state in order to carry out an event in many different ways. It
grants a specific right to a person who is not a party to the
instrument but who is obligated to those who are.
3. Write five (5) Rights and Freedoms Under the International Bill of
Human Rights?
 Equality in dignity and rights.
 Right to life liberty and security.
 Right against slavery.
 Right against torture.
 Right to equal protection.

4. What are the modes of acquiring citizenship? Distinguish each


from the others.
 By birth, a person's nationality is decided automatically or on
grant nationality by the place of birth within the boundaries of a
specific state. Naturalization is a voluntary means of gaining
citizenship that is provided to a person who becomes a citizen of
a specific country via naturalization. It happens automatically
when certain conditions happen, although it usually includes a
nationality grant. A state's law may specify a variety of
conditions that must be met before a person can be naturalized
as a citizen.

5. May a person waive his or her right to life? Explain.


 No, because we as human beings have the right to live our
lives to the fullest in freedom, and this right is constant because
we have rights that are given to us because we are members of
a community that can acquire our security and safeguard our
lives from violence, and we can obtain legal protection from the
law and authority fairly. The government, public authorities, and
the state all lend a hand in gaining a person's right to life, which
is why a person must be aware of his or her right to life in order
to defend and assert it. And that's why they can't just defend
their right to life because that's what the authorities are
supposed to do, even if you don't want it.

Module 3 Evaluation/Assessment
Answer the following:

1. Enumerate five (5) rights under the “Bill of Rights” of the


Philippine 1987 Constitution.
 The right to life.
 The right to liberty.
 The freedom of expression.
 Right to assembly.
 Right to privacy
2. Can a fertilized ovum be considered a human being for the
purpose of determining whether such ovum is already entitled to
certain rights? Explain.
 Yes, because I believe that human embryos are human
beings who deserve the same respect as human beings at later
stages of development, because this is a period of our
development as a human being. This is the start of a young
human's existence, and it ought to be protected and cherished.

3. Under what circumstances can a person’s liberty of movement be


limited by the government?
 Lawful detention, guardianship orders, involuntary treatment
orders, Parole Board orders, family violence intervention orders,
residence conditions on persons suspected of terrorist activities,
and restrictions on leaving the country where judicial
proceedings are pending are all examples of reasonable
restrictions on freedom of movement in international case law.

4. What is Judicial Power?


 The Constitution and other laws provide courts and judges the
ability to interpret and determine, based on solid legal principles,
and rule accordingly. Judicial power includes the duty of courts
of justice to resolve actual controversies involving legally
demandable and enforceable rights, as well as to determine
whether any branch or instrumentality of the government has
engaged in a grave abuse of discretion resulting in a lack or
excess of jurisdiction.

5. What is the extent of the powers and functions of the CHR? Can it
act like a court?
 In the Philippines, the government has a responsibility to
defend citizens' civil and political rights. The commission has a
broad mandate based on the Philippine Constitution, which may
be divided into three primary functional areas. Investigation and
case management of complaints of breaches of civil and political
rights, as well as economic, social, and cultural rights, including
all authorities and services in support of investigations. Citations
for contempt for violations of its rules of procedure; legal help
and counseling; visitorial rights over jails and detention
institutions; use of forensic methods in aid of inquiry; witness
protection; and financial support to victims are among the
powers and services available.
Module 4 Evaluation/Assessment
Answer the following:

1. What do you understand of the functions of the United Nations in


relation to the promotion and protection of human rights?
 The United Nations established a good rapport and connection
between nations in many courses of action that mandate over
international human rights standards. The system is composed
of the general assembly for the purpose of assisting in the
realization of human rights and fundamental freedoms, the UN
human rights council, and the UN hum, the fulfillment of the
state's human rights of obligation and commitment, as well as an
assessment of positive development and challenges faced by
the state as a whole, the United Nations maintains international
peace and order, protection, and security for all of us, ensuring
that our rights are properly served and that social improvements
for human rights are developed.

2. What are the UN institutions that are involved in the promotion


and protection of human rights?
 Protection of Human Rights, Investigation and case
management of complaints of breaches of civil and political
rights, as well as economic, social, and cultural rights, including
all authorities and services in support of investigations. Citations
for contempt for violations of its rules of procedure; legal help
and counseling; visitorial rights over jails and detention
institutions; use of forensic methods in aid of inquiry; witness
protection; and financial support to victims are among the
powers and services available. Human rights promotion
encompasses a wide range of policy, lobbying, promotion, social
mobilization, education, training, public awareness, and
communication techniques, research, networking and linkages

3. What is a troika? What role does it play in the promotion and


protection of human rights in the international sphere?
 Troika is a group of three countries that serve as rapporteurs.
They are in charge of gathering advanced questions from UN
member states and delivering them to the country for formal
examination. They also provide result documents that include a
recommendation framework, summary, and conclusion of the
States' recommended evaluation. They put together the result
document with the aid of the UPR secretariat, while the
recommendations in the review's outcomes must be grouped or
repeated according to the authority and involvement of the state
under review and the one who made the suggestion.
4. Enumerate three (3) “treaty-bodies” that are involved in the
promotion and protection of human rights?
 International Convention on the Elimination of all Forms of
Racial Discrimination- The Committee on the Elimination of
Racial Discrimination.
 International Covenent on Economics, Social and Cultural
Rights- The Committee on Economic, Social and Cultural
Rights.
 International Covenent on Civil and Political Rights the
Committee on Civil and Political Rights.

5. What does a UN special rapporteur do?


 The UN Special Rapporteur is in charge of monitoring human
rights violations among UN member nations. They will be able to
do so by conducting country visits or flying over a state to
assess ideas based on the setting of a state in terms of its
human rights and having formal discussions to contribute to the
development of international human rights in accordance with
the office of the High Commissioner for Human Rights' mandate
to carry out and handle personal cases involving human rights
disputes.

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