James Dhar M.

Salas
Human Rights Law
Answer Sheet

Universal Declaration of Human Rights

Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic
holidays with pay.

Answer

The creators of UDHR understood that the right to rest and leisure necessary to uphold human
dignity. It is an economic, social and cultural right to adequate time away from work and other societal
responsibilities.

As a matter of fact under our labor law, normal hours of work of an employee shall not extend eight
(8) hours. In this Article 24 of UDHR, I opine that the most affected and violated human right to rest and
leisure are right of contractual employees and minimum wagers due to the doctrine of no work no pay. Their
salaries are not enough to compensate their cost of living especially those living in the urbanized city. As a
result, employee will force to render overtime, work during weekends and find a part time job. Hence, their
right to rest and leisure cannot be exercised and enjoyed.
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Roldan T Sarte & Renevic Rizaldo Atty. Alexylle Garsula Concepcion
FU Law Professor
Student

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the destruction
of any of the rights and freedoms set forth herein.
-It means that, no one institution nor individual should act in any way to destroy the rights
enshrined in the UDHR.
-These rights are inalienable that cannot be transferred to someone else, taken away or
denied.
-No one needs to earn human rights, they are born with them. Freedom from state or
personal interference in the above rights.
-The UDHR empowers people to tells them that they deserve dignity from society.
- But we cannot deny the fact that the state itself are defendants of Human Rights
Violation, but on my personal note they are gradually changing. In summation human
rights and fundamental freedoms are applicable to every person.
s:22 PM Thu Aug 19 -:- 9 3% (- ],

( Notes 0 @ @ 0
August 19, 2021 at 8:22 PM

Saguban, Angel Khaille L.

Art. 23 UDHR

The right to work is a foundation for the realization of other human rights.I believe that
all human rights are dependent and mutually supportive to the others.
The right to work means little, unless there is also a right to decent work;

1. Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
- It includes the opportunity to earn a livelihood by work freely chosen
or accepted.

2. Everyone, without any discrimination, has the right to equal pay for equal work.
- The State shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, or creed; and regulate employee-
employer relations. Male and female employees are entitled to equal
compensation for work of equal value and to equal access to promotion and
training opportunities.
(E.g. Filipino "backer culture", "pretty privilege", fresh grad applying for a job yet
needs to have years of experience first)

3. Everyone who works has the right to just and favourable remuneration ensuring
for himself and his family an existence worthy of human dignity, and supplemented,
if necessary, by other means of social protection.
- Workers should be guaranteed a minimum wage that allows for a decent living
for themselves and their families. Working conditions must be safe, healthy, and
not demeaning to human dignity. Employees must be provided with reasonable
work hours, adequate rest and leisure time, as well as periodic, paid holidays.
No one should be allowed to exploit workers simply to run a more profitable or
efficient business.

4. Everyone has the right to form and to join trade unions for the protection of
his interests.
- Imagine if there were no laws to protect the health of wage earners, no limits
on the workday and no paid holidays, nor was there a right to organize on behalf
of the common good. Thanks to the exercise of the right to organize trade
unions, workers have won and maintained many work- related rights. Labor
rights include the right to freedom of association, collective bargaining and the
right to strike.
Kurt U. Gisalan
JD-1

United Na5ons Declara5on of

Human Rights

Ar5cle 11

1. Everyone charged with a penal offence has the right to be

presumed innocent un5l proved guilty according to law in a
public trial at which he has had all the guarantees necessary for
his defence.

This provision is incorporated in our Cons2tu2on under the Bill of Rights

par2cularly Ar2cle 3, Sec. 14. p.2 which says “ In all criminal
prosecu2ons, the accused shall be presumed innocent un2l the
contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusa2on
against him, to have a speedy, impar2al, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the
aGendance of witnesses and the produc2on of evidence in his behalf.
However, aIer arraignment, trial may proceed notwithstanding
the absence of the accused provided that he has been duly no2fied and
his failure to appear is unjus2fiable.”
Here, it is self-explanatory that a person or an accused is innocent un2l
a guilty verdict has been rendered upon him from a competent court or
tribunal. This, of course, with his guarantee or right of due process to
be heard of his defences.

2. No one shall be held guilty of any penal offence on account of

any act or omission which did not cons5tute a penal offence,
under na5onal or interna5onal law, at the 5me when it was
commiGed. Nor shall a heavier penalty be imposed than the one
that was applicable at the 5me the penal offence was
commiGed.

In criminal law, there is a maxim that goes “nullum crimen sine lege”.
There is no crime if there is no law punishing it. A person should not be
held guilty of a penal offense if the act or omission does not cons2tute
a penal offense. Or in other words, a person should not be held for a
crime if there is no law punishing such crime.

Moreover, imposi2on of a heavier penalty that the one that was

applicable at the 2me the penal offense was commiGed may be
construed as an Ex Post Facto law which is a prohibi2on for enactment
by our legisla2on under our Cons2tu2on Ar2cle 3, Sec2on 22 which
states “No ex post facto law or bill of aGainder shall be enacted.”

An ex post facto law is one which:

- aggravates a crime, or makes it greater than it was, when commiGed;

- changes the punishment and inflicts a greater punishment than the

law annexed to the crime when commiGed;
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Article 12 of UDHR

Arbitrary interference is a process of drawing a conclusion without sufficient evidence.

Moreover, this article 12 of UDHR is in the spirit of Section 14, Article 3 of Philippine Constitution, that
there should be assumption of innocence until proven guilty beyond reasonable doubt. This is part of
right to life, liberty, property, due process, to be heard and have a lawyer, speedy, impartial, and public
trial, to confront witnesses and evidence, and communication. Ensuring security and partial justice for
all and a safeguard against false conviction. In the Philippine setting, judiciary should also have
additional monetary budget, for filling up or additional or lacking prosecutors, judges, courts, and lessen
corruption in both judiciary and law enforcement through strong will of the executive to make this
perfect.

-Mr. Lurish Mett Gonzaga

'

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JEAN MARIE M. TINIO

UNIVERSAL DECLARATION OF HUMAN RIGHTS

ARTICLE 28
“Everyone is entitled to a social and international order in which the rights and freedoms set forth
in this Declaration can be fully realized.”

It says, in its entirety, that "everyone is entitled to a social and international order in which the rights
and freedoms set forth in this Declaration can be fully realized." "To deny people their human rights is
to challenge their very humanity."

This Article could be treated as potential conception of Peace and Human has the right to such order
of social cohesion that will be guaranteed the enjoyment of the rights and freedoms enjoyed by him.
The Order could be treated as one of the peace condition is based on mutual recognition and
acceptance held by all rights, both on the part of the community and its individual members. This
order makes it compulsory to recognize, respect and accept the rights of all and the individual.

We all have the right to live in a peaceful and orderly society so that these rights and freedoms can be
protected, and these rights can be enjoyed in all other countries around the world.

The best example on where this article is being denied is the current situation in Afghanistan. The
people of Afghanistan suffered a lot today because this particular rights that being deprive to them.
Afghanistan was able to sign the Universal Declaration of Human Rights, therefore the state itself
should abide this article on where their people have the right to live in a peaceful and orderly society
so that these rights and freedoms can be protected and these right can be enjoyed by their people.
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LENDYL MALOLOT

Article 17 of the Universal Declaration of Human Rights.

1. Everyone has the right to own property alone as well as in
association with others.
2. No one shall be arbitrarily deprived of his property.

Article 17 guarantees the right to property. The right to ownership of

property including real property is one of the features of a democratic society.
However, this right is not an absolute one, as it is foreseen that persons can be
deprived of their property under certain circumstances, but not arbitrarily. The
term "arbitrarily" would seem to prohibit unreasonable interferences by states
and the taking of property without compensation. These interferences made by
the state are for public use, and the protection of public health, safety, order, and
morals, under the power of Eminent Domain and thru the exercise of police
power, respectively.
Jayruz Flores

Everyone is entitled in full equality to a fair and public hearing by an

independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.

This article of the Universal Declaration of Human Rights can be related

to an accused in a criminal case, that eventhough he is caught in the act
of committing, about to commit or has committed a crime, in the eyes of
the law, he is still considered innocent until proven guilty by the
Courts of Justice. He should be given opportunity to be heard and to be
able to testify on his own defense. He should be given proper counsel to
help him determine his rights and obligations in accordance with law.

The venue to which the hearings are done should be independent and
impartial. It means that the tribunal does not give in to personal
biases or personal opinions nor to opinions of the majority but sticks to
the facts or circumstances of the case and applies the law as it sees fit
and just.