Civil Service Exam (Professional) General Information — Human Rights Laws of the PhilippinesFlash Cards

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Human rights are rights which necessarily spring from being a member of the human species. They are inherent to all human beings and acknowledge that every individual is entitled to enjoy their human rights without distinction based on gender, age, language, color, religion, political view, or opinion. These are rights that humans cannot live without in dignity, freedom, and justice.

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1. UNIVERSAL - Apply to all human beings everywhere
2. INHERENT - Natural to all humans from birth
3. EQUAL - Same rights for all people
4. INALIENABLE - Cannot be taken away or transferred
5. INTERDEPENDENT AND INDIVISIBLE - All rights are interconnected and equally important

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Theory of Natural Rights: Individuals enter society with certain basic rights that no state or government can deny. These rights come from human nature and natural law, existing independently of government.

Theory of Legal Rights: Human rights are created and maintained only by the state. The state is the sole source of individual rights, and outside the state, individuals have no rights and cannot claim rights against the state.

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R.A. No. 9262 is the 'Anti-Violence Against Women and Their Children Act of 2004.' This law provides protection for women and children against physical, sexual, psychological, and economic abuse. It establishes legal remedies, protection orders, and support services for victims while defining various forms of violence and their corresponding penalties.

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R.A. No. 9344 is the 'Juvenile Justice and Welfare Act of 2006.' It establishes a comprehensive juvenile justice system that promotes the best interests of children in conflict with the law. The law sets the minimum age of criminal responsibility, provides for intervention programs, and emphasizes restorative justice rather than punitive measures for young offenders.

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First Generation: Civil and political rights (freedom of speech, right to vote, due process)

Second Generation: Economic, social, and cultural rights (right to work, education, healthcare)

Third Generation: Collective rights (right to development, peace, healthy environment)

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The Magna Carta (1215) established fundamental principles including: (1) Everyone, including the king, is subject to the law; (2) All freemen have the right to justice and fair trial through due process; (3) The church is free from governmental interference; (4) Citizens have property rights and protection from excessive taxes; (5) It gave widowed women property rights and choice not to remarry.

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R.A. No. 7277 is the 'Magna Carta for Disabled Persons.' It provides a comprehensive framework for the protection and promotion of the rights of persons with disabilities, including equal access to employment, education, health services, telecommunications, and public transportation. It also mandates accessibility features in buildings and public facilities.

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The Writ of Amparo (A.M. No. 07-9-12-SC) is a legal remedy available to any person whose right to life, liberty, and security is violated or threatened. It provides rapid judicial relief for extralegal killings and enforced disappearances. The writ compels the respondent to produce the missing person and explain their detention or disappearance.

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R.A. No. 9994, the 'Expanded Senior Citizens Act of 2010,' grants senior citizens (60 years and above): 20% discount on medical services, medicines, and transportation; VAT exemption on medical services; priority lanes in establishments; mandatory PhilHealth coverage; special privileges in government and private establishments; and protection from abuse and exploitation.

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R.A. No. 10173 is the 'Data Privacy Act of 2012.' It protects individual personal information in information and communications systems in both government and private sectors. It establishes the National Privacy Commission, regulates the processing of personal data, and provides penalties for violations of privacy rights.

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1. A SUBJECT OR RIGHT-HOLDER - The person who possesses the right
2. A DUTY-HOLDER - The entity (usually the state) responsible for respecting, protecting, and fulfilling the right
3. AN OBJECT - The specific right or freedom being claimed
4. THE IMPLEMENTATION - The mechanisms and processes to enforce and protect the right

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R.A. No. 11210 is the '105-Day Expanded Maternity Leave Law.' It increases maternity leave from 60 to 105 days with full pay for female workers, with an option to extend for an additional 30 days without pay. Solo mothers receive an additional 15 days, recognizing the importance of maternal health and child welfare.

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The Writ of Habeas Data (A.M. No. 08-1-16-SC) protects an individual's right to privacy in information and communications. It allows a person to compel disclosure of information about themselves held by government agencies or private entities, or to correct, update, or suppress false or inaccurate data about them.

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The Petition of Rights established four key principles: (1) The King could not impose taxes without Parliament's consent; (2) No person should be imprisoned without cause; (3) No soldiers should be quartered in cities or public areas; (4) Martial law should not be implemented during peacetime.

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R.A. No. 7438 defines the rights of persons arrested, detained, or under custodial investigation. It ensures the right to remain silent, right to competent and independent counsel, right to be informed of charges, right to physical examination, and protection against torture or coercion during investigation.

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E.O. 163 declares the effectivity of the Commission on Human Rights as provided in the 1987 Constitution. It establishes the CHR as an independent constitutional body responsible for investigating human rights violations, providing legal aid, and promoting human rights education and awareness in the Philippines.

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Conventional Air Pollutants: Include sulfur dioxide (respiratory effects, especially on asthmatics), nitrogen dioxide (respiratory infections), particulate matter (death and morbidity risk), and lead (nerve and kidney damage, learning disabilities in children).

Non-conventional Air Pollutants: Include asbestos (lung scarring, cancer), mercury (persistent toxic effects), beryllium (progressive lung disease), and ozone (airway irritation, immune system interference).

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Oposa vs. Factoran (G.R. No. 101083, July 30, 1993) established the constitutional right to a healthy environment. The Supreme Court recognized that minors have the right to sue for environmental protection on behalf of future generations, establishing intergenerational equity and the state's duty to protect the environment for present and future Filipinos.

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Article XIII aims to: (1) Protect and enhance the right of all people to human dignity; (2) Reduce social, economic, and political inequalities; (3) Remove cultural iniquities. It provides for the creation of the Commission on Human Rights and establishes social justice principles alongside the basic rights guaranteed in the Bill of Rights.