POLSC101 [Human Rights] Test and Flashcards

What are the five great international documents that enumerate human rights?

International covenant of economic, social and cultural rights, international convenant on civil and political rights, the declaration and action programme on the establishment of a new international economic order, and economic rights and duties of states

Which national documents are mentioned as part of the human rights framework?

The Malolos Constitution of 1898 and the Philippine Constitution of 1935.

Why does the 1973 Constitution not have a place on the list of national documents related to human rights?

Due to provisions on executive immunity, the President's rights to enter into treaties without regard for constitutional requirements, validation of martial law acts, and granting the President power to legislate.

According to the text, what are the three basic rights traditionally known as the rights of man?

The right to life, the right to dignity, and the right to develop ourselves.

Who is generally regarded as the father of human rights advocacy in the Philippines?

Jose W. Diokno

What organization did Jose W. Diokno organize after being released from imprisonment during Martial Law?

Free Legal Assistance Group (FLAG).

What are the conditions that limitations on rights must meet to be valid?

Provided by law, necessary to preserve society or protect public health, and not exceed what is strictly necessary to achieve their purpose.

Who is mentioned as the philosopher expressing the idea that humanity must always be treated as an end, not merely a means?

Immanuel Kant

According to John Locke, what is the objective of government?

To liberate individuals from economic, political, and religious constraints.

What are the two dimensions of the obligation to fulfill human rights?

To facilitate or promote and to provide.

According to the United Nations Committee on Economic, Social and Cultural Rights, what must a state demonstrate to attribute its failure to meet its obligations to a lack of available resources?

That every effort has been made to use all available resources to meet minimum core obligations.

What is the Doctrine of Incorporation in the context of the Philippines and its obligations under human rights law?

It states that the Philippines renounces war and adopts the generally accepted principles of international law as part of the law of the land.

What are the three types of state obligations regarding human rights mentioned in the text?

Obligation to respect, obligation to protect, and obligation to fulfill.

In what situations can a state derogate certain rights during a state of emergency, according to the text?

Public emergency that threatens the life of the nation itself, and only to the extent strictly necessary.

What are the elements of a valid limitation on human rights?

Legality, legitimate aim, and proportionality.

According to the text, what is the common conflict between security and freedom?

Punishing the guilty versus protecting the innocent.

What is mentioned as a tension between rights of some versus rights of others?

Conflicts in society where rights contradict or clash.

How does the text describe conflicts of rights in society?

Human rights conflicts are described as political, embedded in many political systems, and often involve clashes between different groups or interests.

Flashcards: POLSC101 [Human Rights]