Midterms, 1 Semester, SY 2021-2022 Arellano University School of Law Prof. Michael Vernon Guerrero Mendiola

HUMAN RIGHTS LAW
Midterms, 1st Semester, SY 2021-2022

Arellano University School of Law
Prof. Michael Vernon Guerrero Mendiola
ANSWER SHEET
ID NUMBER 2019-0207
Schedule, 530/730 7:30-9:30
IMPORTANT:
1.Save this document as xxxx-xxxx.doc or xxxx-xxxx.docx, with xxxx-xxxx being your school ID number.
2. Fill up the data above.
3. Provide your answers within the boxes assigned for each item in the questionnaire. The format to your
answers are provided specifically in the questionnaire. In the absence of any contrary indication, answers
should use one paragraph only.
4. DO NOT MODIFY the format of this answer sheet, especially by creating page breaks or modifying the font
type and size.
5. NO PERSON shall be allowed to get out of zoom frame (side profile, hands on keyboard, and screen
content) at any time (except those with prior certification as to pregnancy). All videos ON, and all audios ON for
the whole duration of the exam. NO earphones allowed. No one is allowed to speak during the exams.
6. NO EXTENSION OF TIME will be given. Answers should be finalized by 10pm.
7. When done, before and by 10pm, attach the completed answer sheet in a NEW email message directed to
profberneguerrero@gmail.com, with the subject header being “HR-530 midterms” or “HR-730 midterms”. DO
NOT REPLY to the email which contained the answer sheet template and the questionnaire. The email
containing your answer sheet should be sent by 10:05pm at the latest.
Deductions shall be made on the submissions which do not comply with instructions 1-4. Non-compliance of
instructions 5-7 professor discretion TO REJECT the submission of your answer sheet.
1.
2.
No. AAA shall not be made liable under the doctrine of command responsibility.
Jurisprudences tells us that the doctrine of command responsibility punishes any wrongful act of a state actor against
another state or individuals. The state actor who exercises direction and command over his members shall be responsible
for any atrocities it may have caused especially to non-armed citizens or civilians.
Here, the Amparo ruling can be applied in the case at bar since BBB did not inform AAA about their plans and still acted
on his own capacity without AAA’s permission and consent. Thus, AAA is not liable for the acts committed by BBB.
3.
The elements of an international wrongful act of the State are:
1. The act or omission is attributable to the State under the international law.
2. The conduct constitutes a breach of an international obligation of the State.
4.
No. AAA is incorrect.
Doctrine of Incorporation means that the laws of international law do not need any legislative action to make such rules
applicable in the local states while Monism or Monist theory tells that international and domestic laws comprise one legal
system which is automatically incorporated into the state’s rule of law. While both theories talk about its involvement in
the law of the land. Doctrine of Incorporation considers international law and national laws equal while in Monist theory, it
considers the international laws superior over the national laws.
5.
Human rights instruments are construed depending on the circumstances involved in the case or matter. The applicability
of the laws, treaties, or concepts depend on the case.
6.
The core international human rights treaties are as follows:
1. International Convention on Civil and Political Rights

2. International Convention on Economic, Social and Cultural Rights
3. Convention Against Torture and Other Cruel, Inhumane Treatment or Punishment
4. International Convention on the Elimination of All Forms of Racial Discrimination
5. Commission on the Rights of a Child
6. Convention on the Elimination of All Forms of Discrimination Against Women
7. International Convention for the Protection of the rights of all Migrant workers and their families/ family members
8. International Convention on the Protection of the rights and dignity of Persons with Disability
9. International Convention for the Protection of People enforced disappearance
7.
The following are the principal organs of the United Nations and their respective functions:
1. UN General Assembly or UNGA - their task is to deliberate on issues such as membership, budget, peace.
2. Security Council- their task is to maintain peace and security.
3. Economic and Social Council- they handle economic and social issues around the world.
4. Trusteeship Council- they handle the advancement of trustee territories and its development towards self-governance
and independence.
5. Secretariat- they oversee the projects and programs of the United Nations around the world.
6. International Court of Justice- venue wherein cases have been brought by State for legal advice/opinion.
8.
Yes. United State’s action is justified.
Under the law, the US may use an enforcement against a State through retorsion. It is where the State purposely withholds
or hinders its assistance to another state in cases of violations of human rights.
Here, the Malacañang cannot argue that US is interfering with domestic policies because it is the US’ right to exercise its
enforcement through retorsion.
9.
The attributes of human rights are the following:
1. Universal
2. Inherent
3. Equal
4. Inalienable
10.
A. Right Against Slavery
UDHR: Art. 4. No one shall be held in slavery or in servitude; slavery and the slave trade shall be prohibited in all forms.
ICCPR/ICESCR: Forced labor (except punishments, civil obligations or service)
1987 Constitution: No person shall be detained solely for the reason of his political beliefs and aspirations. No involuntary
servitude shall exist except as a punishment for a crime the party have been convicted.
11.
F. Right to Education
UDHR: Art. 26. (1) Everyone has the right to education. It must be free at least in the elementary and fundamental stages.
(3) Parents have the right to choose the kind of education that shall be given to their children.
ICCPR/ICESCR:
1987 Constitution: The State shall protect and promote the rights of all citizen to a quality education at all levels, and shall
take appropriate steps to make education accessible to all.
12.
G. Right against Ex-post facto law and Bill of Attainder
UDHR: No one shall be held guilty of any offense of any act of omission which did not constitute a penal offense, under
national or international laws, at the time it was committed.
ICCPR/ICESCR: No one shall be held guilty of any offense of any act of omission which did not constitute a penal
offense, under national or international laws, at the time it was committed. No heavier penalty shall be imposed to the
offense that was applied to the first committed offense.
1987 Constitution:. No ex post facto law or bill of attainder shall be enacted.
13.
J. Right to Work
UDHR: Everyone has the right to work, to just and favorable conditions of work and protection against unemployment.
Everyone has the right to form and join unions for the protection of his/her interests.
ICCPR/ICESCR:
1987 Constitution: The State shall afford full protection to labor, local or overseas, organized and unorganized, and
promote full employment and equality of employment opportunities for all.

Midterms, 1 Semester, SY 2021-2022 Arellano University School of Law Prof. Michael Vernon Guerrero Mendiola

Uploaded by

Copyright:

Available Formats

Midterms, 1 Semester, SY 2021-2022 Arellano University School of Law Prof. Michael Vernon Guerrero Mendiola

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Midterms, 1 Semester, SY 2021-2022 Arellano University School of Law Prof. Michael Vernon Guerrero Mendiola

Uploaded by

Copyright:

Available Formats

HUMAN RIGHTS LAW

Midterms, 1st Semester, SY 2021-2022

1. International Convention on Civil and Political Rights

ICCPR/ICESCR: Forced labor (except punishments, civil obligations or service)

1987 Constitution:. No ex post facto law or bill of attainder shall be enacted.

You might also like