Hornbook on international and philippine human rights laws pdf
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- 5 Human Rights Law Books That You Can Download for Free
- Hornbook on International and Philippine Human Rights Laws
- Human Rights by Petralba Chapter 1-3
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Classification of Rights: According to Source 1. According to Struggle for Recognition 1. It is provided for by law which is made known to every citizen; ii. There is a state of emergency which necessitates the urgent preservation of the public good, public safety, and public moral; iii. It does not exceed what is strictly necessary to achieve the purpose. Categories of Human Rights 1.
Fundamental Freedom in Political Rights i. Freedom of conscience and religion ii. Freedom of thought, belief, opinion and expression iii. Freedom of the press and communication iv. Freedom of association, freedom of peaceful assembly v. Rights to privacy, reputation, and human dignity 2. Right to vote and to participate in the electoral process ii. Right to participate in public or governmental affairs 3. Right to travel ii. Freedom of movement within the country 4.
Right to protection against political and other extrajudicial killings, the disappearances of persons, and torture and other cruel inhuman or degrading treatment or punishment 5. Freedom from arbitrary arrest and detention ii.
Protection against unreasonable search and seizure iii. Right to counsel iv. Right to fair and public trial v. Presumption of innocence vi. Right against self-incrimination 6. Protection against discrimination on the grounds of sex, race, religion, ethnic origin, age, marital status, and political and social condition 7. Right to social security, social insurance, protection and assistance to the family ii. Right to an adequate standard of living, adequate food, clothing and housing iii.
Right to physical and mental health iv. Right to education v. Right to be part of the artistic and scientific life of the country 8. Principe, Midterms Reviewer i. Right to association ii. Right to organize unions iii. Right to bargain collectively iv. Prohibition of forced labor v. Prohibition of employment of children vi. Guarantee of minimum wages and other support 9. Reproductive Rights i. Right to found a family and bear children ii.
Right to gender sensitivity and the biomedical technology iii. Right to family planning Right of Self-determination i. Right of people to be free from colonial rule ii. Right of people to decide their own destiny Minority Group Rights i. Protection of ethnic, linguistic and religious minorities Laguna Lake Development Authority v. CA, SCRA Facts: A letter-complaint was filed with the Laguna Lake Development Authority LLDA , seeking to stop the operation of the open garbage dumpsite in the Tala Estate in Caloocan, due to its harmful effects on the health of the residents and the possibility of pollution of the water content of the surrounding area.
The LLDA then conducted an on-site investigation, monitoring and test sampling of the leachate that seeps from the said dumpsite to the nearby creek which is a tributary of the Marilao river. The leachate testing revealed the presence of bacteria.
Principe, Midterms Reviewer Desist Order ordering that the dumping of any form or kind of garbage and other waste matter at the Caloocan dumpsite be completely stopped. When talks on the dumpsite failed to settle the problem, the dumpsite was opened again, prompting the LLDA to issue another Cease and Desist Order. Thereafter, the LLDA, with the assistance of the Philippine National Police, enforced the Order by prohibiting the entry of all garbage dump trucks into the Caloocan dumpsite.
The City Government of Caloocan then filed with the RTC of Caloocan City an action for the declaration of nullity of the Cease and Desist Order, and sought to be declared as the sole authority empowered to promote the health and safety and enhance the right of the people in Caloocan City to a balanced ecology within its territorial jurisdiction.
Issues and Rulings: 1. Does the LLDA have the authority to entertain the complaint against the dumping of garbage in the open dumpsite in Caloocan authorized by its City Government which is allegedly endangering the health, safety, and welfare of the residents therein and the sanitation and quality of the water in the area brought about by exposure to pollution caused by such open garbage dumpsite? As a general rule, the adjudication of pollution cases generally pertains to the Pollution Adjudication Board, except in cases where the special law provides for another forum.
It must be recognized that in this regard that the LLDA, by virtue of its special charter, obviously has the responsibility to protect the inhabitants of the Laguna Lake region from the deleterious effects of pollutants emanating from the discharges of wastes from the surrounding areas.
The provision which empowers the LLDA to instituted necessary legal proceedings against any person who shall commence to implement or continue implementation of any project, plan or program within the Laguna de Bay region without previous clearance from the LLDA was designed to invest the LLDA with sufficiently Stephanie Luzette M.
Principe, Midterms Reviewer broad powers in the regulation of all projects initiated in the Laguna Lake region, whether by the government or the private sector, insofar as the implementation of these projects is concerned.
Stephanie Luzette M. They arose from the struggle of man against injustices of despotic rulers. Theories of Sources of Rights: 1. And since rights come from a divine source, they are inalienable and cannot be denied by mortal beings. Natural Law Theory o Originated from the Stoics and elaborated by Greek philosophers and later by ancient Roman law jurists. Principe, Midterms Reviewer o Natural law embodies those elementary principles of justice which were right reason, i. Historical Theory o Advocates that human rights are not deliberate creation or the effort of man but they have already existed through the common consciousness of the people of what is right and just.
Individual freedom is recognized only after the interest of society is served. Principe, Midterms Reviewer o Concerned with economic and social rights over civil or political rights of community. But the true choice is the government set by the state 6. Utilitarian Theory o Seeks to define the notion of rights in terms of tendencies to promote specified ends such as common good. The goal is to promote the greatest happiness of the greatest number. A man cannot simply live alone in disregard of his impulse to society.
An act is good only when it takes into consideration the interests of the society and tends to augment the happiness of the entire community. Theories of Justice Stephanie Luzette M. Principe, Midterms Reviewer o Each person possesses inviolability founded on justice.
There is no justice in a community where there are social and economic inequalities. Theory Based on Equality and Respect of Human Dignity o The recognition of individual rights in the enjoyment of the basic freedoms such as freedom of speech, religion, assembly, fair trial and access to courts. For this purpose, the government must intervene in order to advance general welfare.
But these were immediately restored in Principe, Midterms Reviewer 4. International Convention against Apartheid 27 July 7. Convention on the Political Rights of Women 12 September 9. Convention on the Rights of the Child 21 August Slavery Convention of 12 July Protocol Amending the Slavery Convention 17 November Convention on the Nationality of Married Women Convention on the Status of Stateless Persons 22 June Convention Relating to the Status of Refugees 22 July
Hornbook on International and Philippine Human Rights Laws
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Hornbook on international and Philippine human rights law / Pepita Jane A. Petralba. By: Petralba, Pepita Jane AMaterial type: TextManila: Rex Book Store,.
Human Rights by Petralba Chapter 1-3
His sole concern was fending off death by starvation and that meant a job that paid a living wage. If he failed to find work, starvation threatened not only him this time but his parents as well. He was less concerned about them than about the awkward position in which they had placed him. There actually was no patron who would help him, and no one received a government position without such support. He thought for a long time but did nothing more than write to tell his father that he was about to look for work and that he hoped to be able to fulfill his duty toward his family soon.