Empowering the ''toothless tiger'': Establishing an active role for the commission on human rights in the prosecution of human rights violations / (Record no. 8229)

000 -LEADER
fixed length control field 04154nam a22003137a 4500
003 - CONTROL NUMBER IDENTIFIER
control field OSt
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20190716113641.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 180424b xxu||||| |||| 00| 0 eng d
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number [hardbound]
040 ## - CATALOGING SOURCE
Original cataloging agency University of Cebu-Banilad
Transcribing agency University of Cebu-Banilad
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Muchamiel, Lynill Haze L.
245 ## - TITLE STATEMENT
Title Empowering the ''toothless tiger'': Establishing an active role for the commission on human rights in the prosecution of human rights violations /
Statement of responsibility, etc Lynill Haze L. Muchamiel.
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc Cebu City :
Date of publication, distribution, etc 2017.
Name of publisher, distributor, etc University of Cebu,
300 ## - PHYSICAL DESCRIPTION
Extent iv, 82 pages :
336 ## - CONTENT TYPE
Source rdacontent
Content type term text
337 ## - MEDIA TYPE
Source rdamedia
Media type term unmediated
338 ## - CARRIER TYPE
Source rdacarrier
Carrier type volume
501 ## - WITH NOTE
With note Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2017.
504 ## - BIBLIOGRAPHY, ETC. NOTE
Bibliography, etc Includes bibliographical references (leaves 72-75).
505 ## - FORMATTED CONTENTS NOTE
Formatted contents note Contents:Chapter I The problem and its scope -- Chapter II Review of related literature -- Chapter III Results and discussion -- Chapter IV Summary of findings, conclusions, and recommendations.
520 ## - SUMMARY, ETC.
Summary, etc Summary: Human rights are more than legal concepts; they are the essence of man. They are what make a man human; hence, any violation of essential human rights should not be taken lightly and must be duly prosecuted. The state has assumed the role of a guarantor of the full respect of human rights as enshrined by the constitution and as established under international law. The commission on human rights investigates reported human rights violation cases and recommends for their prosecution. Unfortunately, as per commissioner gascon, only I out of 3 referrals made by the commission on human rights results in a prosecution in court. This goes to show that the recommendations and endorsement made by the commission on human rights after investigation do not often end the filing of a criminal case because the same are not acted upon (i.e neither dimiss nor grant) while still in the prosecutor's office or the ombudsman's office, as the case may be. As per Simon V. commission on human rights, the power of the commission on human rights is limited to mere investigation and monitoring. Hence, the commission is constrained to make only recommendations and a different agency must make another determination of the probable cause in filing for criminal cases involving such violations. The intent of the framers of the constitution is to make an active and independent commission on human rights authorized to pursue legal remedies in cases of human rights violations. The purpose of this study is to unveil the role of the commission on human rights (CHR) and the problems encountered in the prosecution of human rights violations. the results will be used as a basis in crafting a law that will give the CHR an active role by vesting them with prosecutorial powers pertaining to human rights violations. The purpose of this study is to unveil the role of the commission of human rights (CHR) and the problems encountered in the prosecution of human rights violations.The results will be used as a basis in crafting a law that will give the CHR an active role by vesting them with prosecutorial powers pertaining to human rights violations. This study primarily employed a qualitative method of study using a combination of doctrinal research method and thematic analysis. The doctrinal research method is widely used in legal research and embodies the study of legal precedent together with legislative interpretation. This paper will thus recommend for the enactment of a law which will give residual prosecutorial powers to the commission on human rights and ensure that human rights are upheld at all times. This residual prosecutorial powers come into play when the prosecutorial arm of the government does not act (i.e meither dimiss nor grant) the resolution of the commission on human rights within 10 days from receipt.
541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE
Deans/Chairperson
Department Law
Subject Category Law
541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE
Deans/Chairperson
Department Law
Subject Category Law
546 ## - LANGUAGE NOTE
Language note English
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme
Type of record Thesis
998 ## - LOCAL CONTROL INFORMATION (RLIN)
Encoded by angel[new]
Date encoded 04/24/2018
998 ## - LOCAL CONTROL INFORMATION (RLIN)
Encoded by angel[added]
Date encoded 04/24/2018
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Library Location Shelving location Date acquired Source of Acquisition Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type Other Library Location
          Law Library Reserved (Law) 17/04/2017 Donated by: Dr. Judy Ann F. Gimena.   T M88em 2017 3UCBLL00008110 24/04/2018 c.1 24/04/2018 Thesis UCBL_LAW
          Law Library Reserved (Law) 17/04/201 Donated by: Dr. Judy Ann F. Gimena.   T M88em 2017 3UCBLL00008109 24/04/2018 c.2 24/04/2018 Thesis UCBL_LAW

University of Cebu - Banilad | 6000, Gov. M. Cuenco Ave, Cebu City, 6000 Cebu, Philippines
Tel. 410 8822 local 7123| e-mail ucbaniladcampus.library@gmail.com

Powered by Koha