SAMPLE QUESTIONS ON HUMAN RIGHTS FOR MIDTERM EXAMS

DEFINITION OF TERMS
ACADEMIC YEAR 2021-2022

1. What are the attributes of human rights?

A: The attributes of human rights are universal, equal, inherent, and inalienable. A
human right is universal as it applies to all humans regardless of race, culture, age,
sex, or creed. It is equal, as every human being has the same set of human rights,
everyone is born free and equal in dignity. It is likewise inherent as all human
beings are born with rights. Lastly, it is inalienable as it cannot be taken from or
given away by any human, however, its exercise may be regulated or restricted by
law but its substance cannot be taken away.

2. Discuss the elements of “Custom” as a source of International Law?

A: Custom is the second source of international law which refers to a set of

unwritten rules that have developed over time because of the state’s repeated acts.
It requires the presence of two elements, state practice, and opinion juris.

State practice is the material and factual element, and it represents how a state
behaves and acts such as official public statements, physical actions, diplomatic
communication, treaties, national legislation, and state activities in international
organizations. In order to create a customary international rule , a state practise
must be ‘both extensive and uniform.

Opinio Juris, on the other hand, is the second condition required to create a
customary rule, as it presents the psychological element that reflects the States
belief and consent to be bound by that rule, and that they feel under a legal duty to
obey a particular practice, which means that such custom is accepted by the
international community as a law.

3. Why is it said that human rights entail both rights and obligations?

A: Human rights entail both rights and obligations. States assume obligations and
duties under international law to respect, protect, and fulfill human rights. The
obligation to respect means that States must refrain from interfering with or
curtailing the enjoyment of human rights. The obligation to protect requires States
to protect individuals and groups against human rights abuses. The obligation to
fulfill means that States must take positive action to facilitate the enjoyment of basic
human rights. At the individual level, while we are entitled to our human rights, we
should also respect the human rights of others.
4. What are non-derogable human rights? Give examples.

A: Non-derogable human rights are those that cannot be suspended nor taken away
nor restricted/limited even in extreme emergency and even if the government
invokes national security. Non-derogable human rights are the right to life, right
against torture, right to f freedom of Religion, and the right to be recognized as a
person.

5. Discuss the principle of “Derivative State Responsibility” and “Command

Responsibility”.

A: Derivative responsibility It is present when the State aids and assists in the
commission by another of the internationally wrongful act; and the State exercises
direction and control over the commission of the act.

Command Responsibility is the failure of the superior officer to stop human rights
violations committed by his subordinates, though absent showing that he directly
ordered the commission of these acts.

6. A State is responsible for an internationally wrongful act committed by state actors

or non-state actors. Who are these state actors and non-state actors?

A: States are abstract entities and they do not act on their own. States act through
their agents or state actors. When a state actor violates the human rights of an
individual, it is deemed a violation of the State itself. State actors are parliaments,
courts, national human rights institutions, security forces, central and local
governments while non-state actors may include non-governmental organizations,
private military organizations, media outlets, terrorist groups, academic
institutions, criminal organizations, among others.

7. Involuntary servitude or forced labor is prohibited under the Constitution. What are
the exceptions if any?

A: Prohibition of slavery is guaranteed under Article III, Section 18 of the 1987

Constitution which states that no involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party shall have been duly
convicted.

8. Give the definition of each concept.

a. Jus cogens
 A: Jus cogens or peremptory norms is a group of fundamental norms that is
superior to other sources of international law and need not be agreed upon by
States in a treaty to form part of their jurisprudence. They are deemed
inderogable as well and it can only be modified by a subsequent norm of general
international law having the same character.

b. Erga Omnes obligation

A: Erga Omnes obligations are obligations that are owed by States to all,
regardless of the presence or absence of their assent to be bound thereby. Where
human rights are of paramount importance for the international community are
violated, all states have a legal interest in their protection, for they are
obligations owed by the State to the community of the States.

c. Universal Jurisdiction
A: Under this principle, a State may prosecute a crime committed elsewhere if
such crime is a jus cogens crime. Also, when discussing jus cogens rights and
erga omnes obligations reference is usually made to the concept of universal
jurisdiction.

9. What judicial remedies promulgated by the Supreme Court are available to preserve
and defend human rights? Define each remedy.

A: The State, through its judiciary, must provide adequate judicial remedies which is
impartial, competent and independent.

The following are the judicial writs:

a) Writ of Habeas Corpus - a writ directed to the person detaining another,
commanding him to produce the body of the detainee at a designated time and
place, and to show the cause of his detention.

b) Writ of amparo - a remedy available to any person who’s right to life, liberty, and
security has been violated or is threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity. The
writ covers extralegal killings and enforced disappearances or threats thereof.

c) Writ of Habeas Data - a remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an unlawful act or omission of
a public official or employee, or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the person,
family, home and correspondence of the aggrieved party.
 d) Writ of Kalikasan - a remedy available to all natural or juridical person, entity
authorized by law, people’s organization, non-govermental organization, or any
public interest group accredited by or registered in any government agency, on
behalf of persons whose constitutional right to a balanced and healthful ecology
is violated, or threatened with violation by any unlawful act or omission of a
public official or employee, or private individual or entity involving
environmental damage of such magnitude as to prejudice the life, health or
property of inhabitants.

10. When can a State derogate from its treaty obligation to respect and protect human
rights?

A: A State derogate from its treaty obligation to respect and protect human rights
when the national interest is in danger. However, even in such instances, there are
still rights that the State needs to protect and such rights include – rights against
slavery, rights against torture and rights against bill of attainder. These rights are
non-derogable rights that the State must respect at all times.