Quiz No3HumanRights

Quiz No.
3
Human Rights 03 December 2020
Name: Li, Jonah R.
Student No: 20172115 (Manila)
Instructions: Deadline of submission not later 12 noon of November 04, 2020, you may
download this questionnaire and just edit the document. All answers in blue font.
REMEDIES FOR ENFORCEMENT

OF HUMAN RIGHTS , TREATIES AND LAW
I. Enumerate the universally recognized human rights as adopted by

the UN general Assembly on December 10, 1948. (10%)
The rights under the universally recognized human rights are as

follows:
 Right to Equality
 Freedom from Discrimination
 Right to Life, Liberty, Personal Security
 Freedom from Slavery
 Freedom from Torture and Degrading Treatment
 Right to Recognition as a Person before the Law
 Right to Equality before the Law
 Right to Remedy by Competent Tribunal
 Freedom from Arbitrary Arrest and Exile
 Right to Fair Public Hearing
 Right to be Considered Innocent until Proven Guilty
 Freedom from Interference with Privacy, Family, Home and
Correspondence
 Right to Free Movement in and out of the Country
 Right to Asylum in other Countries from Persecution
 Right to a Nationality and the Freedom to Change It
 Right to Marriage and Family
 Right to Own Property
 Freedom of Belief and Religion
 Freedom of Opinion and Information
 Right of Peaceful Assembly and Association
 Right to Participate in Government and in Free Elections
 Right to Social Security
 Right to Desirable Work and to Join Trade Unions
 Right to Rest and Leisure
 Right to Adequate Living Standard
 Right to Education
 Right to Participate in the Cultural Life of Community
 Right to a Social Order that Articulates this Document
 Community Duties Essential to Free and Full Development
 Freedom from State or Personal Interference in the above
Rights
II. Enumerate the forms of remedies available to human rights

victims through United Nations Systems. (10%)
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); and
d. The Complaint Procedure (Procedure 1503).
III. May an individual file a complaint for violations of human rights

in United Nation bodies? Discuss. (10%)
Yes. An individual whose human right was violated may lodge his
or her complaint to the United Nation bodies in cases where the
respondent is the Government. Provided that the respondent
Government has ratified the Covenant and its Optional Protocol.
However, before an individual may lodge the complaint to the

United Nation bodies, he or she shall need to exhaust all the
remedies available in his or her local state policies.
In the event that the complainant is not satisfied with the local
remedy, the HRC established under the Article 28 of the Covenant
will consider the complaint together with the available evidence
by both parties.
-LOCAL REMEDIES-
IV. Discuss the role of the Philippine Commission on Human Rights in

the enforcement of Human Rights Laws: (10%)
The Philippine Commission on Human Rights is a constitutional

mandate, which is tasked to ensure effective and efficient
enforcement of Human Rights Laws. It is responsible for the
Seminars, Trainings, Promotion, Dissemination and sustainability
of Human Rights education.
One of the most significant accomplishments of the agency is its

Initiative to make a special Human Rights Education System for
Military, Police and other Law Enforcement Agencies in which
they were recognized by UN & UNESCO. Some of the examples
are:
 Advocacy Courses on Human Rights and International

Humanitarian Law (HR – IHL)
 Curricula for the Police / Jail personnel and Correction

Officers.
 Extensive Training Course for AFP, PNP, BJMP
 Bi-Annual Publication of Human Rights Journal, et al.
Other may also cite Article XIII Section 18 of the Constitution –

CHR powers and function.
(1) Investigate, on its own or on complaint by any party, all

forms of human rights violations involving civil and political
rights;
(2) Adopt its operational guidelines and rules of procedure,
and cite for contempt for violations thereof in accordance with
the Rules of Court;
(3) Provide appropriate legal measures for the protection of

human rights of all persons within the Philippines, as well as
Filipinos residing abroad, and provide for preventive measures
and legal aid services to the underprivileged whose human rights
have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention

facilities;
(5) Establish a continuing program of research, education, and

information to enhance respect for the primacy of human rights;
(6) Recommend to Congress effective measures to promote

human rights and to provide for compensation to victims of
violations of human rights, or their families;
(7) Monitor the Philippine Government’s compliance with

international treaty obligations on human rights;
(8) Grant immunity from prosecution to any person whose

testimony or whose possession of documents or other evidence is
necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office,

or agency in the performance of its functions;
(10) Appoint its officers and employees in accordance with

law; and
(11) Perform such other duties and functions as may be

provided by law.
V. Cite at least two (2) available remedies that a victim of violation of
human rights may avail under the Rules of Court. Briefly define each.
(10%)
 Under Section 17, Rule 5 of the Rules of Court allows

litigation in forma pauperis. Those protected include low
paid employees, domestic servants and laborers. They need
not be persons so poor that they must be supported at
public expense. It suffices that the plaintiff is an indigent.
 The Writ of Amparo (A.M. No. 07-9-12 SC)
The writ is a remedy available to any person whose right to

life, liberty and security is violated or threatened with
violation by an unlawful act or omission of a public official
or employee, or of a private individual or entity. It covers
extralegal killings and enforced disappearances or threats.
The principal objective of its proceedings is the initial
determination of whether an enforced disappearance,
extralegal killing or threats thereof had transpired —the
writ does not, by so doing, fix liability for such
disappearance, killing or threats, whether that may be
criminal, civil or administrative under the applicable
substantive law.

Quiz No3HumanRights

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Quiz No3HumanRights

Uploaded by

Copyright:

Available Formats

Quiz No.

REMEDIES FOR ENFORCEMENT

I. Enumerate the universally recognized human rights as adopted by

The rights under the universally recognized human rights are as

II. Enumerate the forms of remedies available to human rights

a. Optional Protocol to International Covenant on Civil and

b. The International Covenant on Elimination of all Forms of

c. Convention Against Torture and Other Cruel Inhuman or

d. The Complaint Procedure (Procedure 1503).

III. May an individual file a complaint for violations of human rights

However, before an individual may lodge the complaint to the

IV. Discuss the role of the Philippine Commission on Human Rights in

The Philippine Commission on Human Rights is a constitutional

One of the most significant accomplishments of the agency is its

 Advocacy Courses on Human Rights and International

 Curricula for the Police / Jail personnel and Correction

 Extensive Training Course for AFP, PNP, BJMP

 Bi-Annual Publication of Human Rights Journal, et al.

Other may also cite Article XIII Section 18 of the Constitution –

(1) Investigate, on its own or on complaint by any party, all

(3) Provide appropriate legal measures for the protection of

(4) Exercise visitorial powers over jails, prisons, or detention

(5) Establish a continuing program of research, education, and

(6) Recommend to Congress effective measures to promote

(7) Monitor the Philippine Government’s compliance with

(8) Grant immunity from prosecution to any person whose

(9) Request the assistance of any department, bureau, office,

(10) Appoint its officers and employees in accordance with

(11) Perform such other duties and functions as may be

 Under Section 17, Rule 5 of the Rules of Court allows

 The Writ of Amparo (A.M. No. 07-9-12 SC)

The writ is a remedy available to any person whose right to

You might also like