QUITAYEN, IANNA CARMEL Y.

Date: November 18, 2021

LAW 213 – Human Rights Law
Professor: Atty. Deen Asliah D. Macarandang

EXERCISE 2 (Quiz)

Question No.1:
What are the reasons behind why the re-affirmation of the fundamental human rights was
one of the main objectives of the organization of the United Nations? [2%]

Answer:
Under the Universal Declaration of Human Rights, particularly the preamble
thereof, stated that the peoples of the United Nations have in the Charter reaffirmed their
faith in fundamental human rights, to the end that every individual and every organ of
society shall strive by teaching and education to promote respect for these rights and
freedoms and by progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the people of Member
States themselves and among the people of territories under their jurisdiction.

Question No. 2:
Cite at least five articles in the UN Charter that contain provisions on “human rights”. [2%]

Answer:
The following articles of the UN Charter contain provisions on human rights:

1. Article 1: Provides for the purposes of the United Nations;

2. Article 8: No discrimination on eligibility of men and women to participate in the
UN’s principal and subsidiary organs;
3. Article 55: Relative to the creation of conditions of stability and well-being
necessary for peaceful and friendly relations among nations;
4. Article 56: Pledge of members to take joint and separate action in co-operation for
the achievement of purposes set in Article 55; and
5. Article 62: Which provides for the functions and powers of the Economic and Social
Council to make recommendations for the purpose of promoting respect for and
observance of human rights an fundamental freedoms for all.

Question No. 3:
Explain the nature of office, jurisdiction, and membership structure of the United Nations
Human Rights Council (UN-HRC). [2%]

Answer:
The Human Rights Council is an inter-governmental body within the United Nations
system responsible for strengthening the promotion and protection of human rights
around the globe and for addressing situations of human rights violations and make
recommendations on them. It has the ability to discuss all thematic human rights issues
and situations that require its attention throughout the year.

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QUITAYEN, IANNA CARMEL Y. Date: November 18, 2021
LAW 213 – Human Rights Law
Professor: Atty. Deen Asliah D. Macarandang

The Council is made up of 47 United Nations Member States which are elected by the
UN General Assembly. The Council’s Membership is based on equitable geographical
distribution. Seats are distributed as follows:
1. African States: 13 seats
2. Asia-Pacific States: 13 seats
3. Latin American and Caribbean States: 8 seats
4. Western European and other States: 7 seats
5. Eastern European States: 6 seats

Members of the Council serve for a period of three years and are not eligible for immediate
re-election after serving two consecutive terms. It meets at the UN Office at Geneva

Question No. 4:
May the United Nations intervene on matters which are essentially within the domestic
jurisdiction of a given member State? Explain. [2%]

Answer:
No, the United Nations cannot intervene on matter which are essentially within the
domestic jurisdiction of a given member state.

It is clearly prohibited by express provision under Article 2 (7) of the UN Charter which
state “Nothing contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of any state or
shall require the Members to submit such matters to settlement under the present
Charter; but this principle shall not prejudice the application of enforcement measures
under Chapter Vll.”

Question No. 5:
Cite at least five human rights abuses and violations in the Philippines and explain each.
[2%]

Answer:
The following are human rights abuses and violations in the Philippines:

1. Violation of the right to life:

One of the most basic and fundamental right of a human being is right to life. It is
an inalienable and universal right. With the recent extrajudicial killings, this has
been violated more often than not.

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QUITAYEN, IANNA CARMEL Y. Date: November 18, 2021
LAW 213 – Human Rights Law
Professor: Atty. Deen Asliah D. Macarandang

2. Detention without warrant of arrest which goes against freedom from arbitrary
arrest:
This refers to the violation of the right to be free from being arrested without proper
grounds and without due process.

3. Forcibly evicting people from their homes:

This refers to violation of the freedom to dwell in a place within the limits set by the
laws. If people go beyond the limits, it does not grant the government the power to
evict them without due process or equal protection of the laws.

4. Human Trafficking:
This refers to the violation of the Anti-Human Trafficking Act where humans are
considered as property and are sold to other persons/entities.

5. Violence against women and children:

This refers to the violation of the Violation Against Women and their Children where
women and their children are exploited, mistreated, discriminated, harassed and
abused.

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