Business Lessons 6: Systematic Designation

In all types of management, it is always an essential necessity to properly designate the workforce into the jobs in which they could perform with efficiency.

 

These are some guides for systematic designation of employees:

1. When the employees competence has been determined, give him the job. It is also recommended to allow trainess while good employees are on the job so they could learn from them and their skills. It is best to reorganize after several trainess learn from best workers, the purpose is to share  their best to another field.

2. When the employees competence has not been determined, place him on a temporary designation. The puspose is to minimize possible damage and to check what area of work he could be efficient.

3. When incompetence is proven, demote or dismiss him under management prerogative rule. Demote him if he could be useful in some other minor aspects of work.

4. When his position is protected by law on security of tenure, he may be dismissed by promoting him to a confidential employment category. In that sense, he is no longer protected by security of tenure law.

5. Or assign a difficult undertaking [nearly impossible] for a possible ground of insubordination.

6. Hollow Promotions Techniques:

A. Promote to a position without function

B. Promote to a position which does not exist

C. Promote to an existing office which will soon  be dissolved

7. Avoid designation of two friends in one place, there might be no professional competition.

Systematic designation of employee is an ingredient to an effective management.

Questions on Sound Business Practice

As we all know, the thing called “sound business practice” requires correct thinking and good perspective on things. Everyday, we encounter some difficult questions, some of them may become the basis of our business judgments. The intent of this page is to encourage anyone to ask the question  pertaining to business, and I will surely provide a good answer to it for free.

A friend asked me two days ago and this is her question:

“Someone offers me a free installation services but he provides the materials to be installed, shall I accept it?”

ANSWER:

“Reject it. In business, when someone offers you an advantage at their own expense, it is something either with a concealed intent or a fraudulent element. Do not take the bait of “free services”, it will indirectly ruin your expenses. In philosophy it says, ‘free labor can avail of an unlimited favor’. I hope it helps you.”

You can ask your question too.

The Defects of the “Proof of Guilt Beyond Reasonable Doubt”

I do not know if the thing called “proof of guilt beyond reasonable doubt” could ever be attained in all or in any criminal trial.

It becomes more of a legal rhetorics rather than being realistic. Lawyers and Judges must have been aware that all issues and matters within the language of ciminal laws could be reasonably doubted.

The “proof of guilt beyond reasonable doubt” principle is so worthless because it only applies to the rendering of judgment and not on the filing stage of a criminal case and when this principle shall be strictly applied, indubitably, all accused shall be found NOT GUILTY because there is nothing in this world that cannot be reasonably doubted. Logic  can work in many ways, it can even be a great instrument in building a concrete structure of doubts.

In a life span of a criminal case, reasonable doubt maybe established from the very beginning til the end of the trial. Reasonable doubts may intervene all through out the process in this wise:

1. Doubts on the identity of the accused

2. Doubts on the dates, time, circumstances, climates,  places and jurisdictions

3. Doubts on the instruments used, how it was used, and at what scene had it been used, etc

4. Doubts on the identity, character, personality, and profile of the witnesses

5. Doubts on the evidence collected, who collected it, when was it collected, where was it transmitted after the collection, how many days in determining process, etc.

6. Doubts on the language used in the documents, word selections, affidavits, statements, accusation sheets, and offered testimonies, etc

7. Doubts on the credibility of the law enforcers, officers, investigators, the motives of the prosecuting police officers and lawyers; fees and unethical conduct, etc

8. Doubts on the motives of the complaining parties, conduct, character, personality, and any other causes of their complaint

9. Doubts on the appreciation of the judges, jury, court, and the wisdom of those who took part in the decision of the case.

10. Doubts on many aspects, like reasons presented by each lawyer of a particular criminal case.

Evidence are not at all times admissible in court considering that there are rules of evidence restricting some proofs from being presented. Granting, that an evidence is admissible, it shall first be debated [or objected by counsel] by the  lawyers of that case. It is because there are always two tables in every tribunal – one for the defense, and one for the prosecution.

Now, tell me who could really be convicted of a crime if we will apply the principle of “conviction of the accused based on the proof of guilt beyond reasonable doubt”?

Business Lessons 5: Management Guides

Management in business textbooks signifies any operations which deal with the organization, functions of employees, systems of administration, and internal structures of a particular business.

Internal structures would mean any activity in the course of operation of a business. “Management” is different from “Business” because management refers to the administration while business refers to a transaction.

 

Management, most of the time, deals with problems in the arrangement of functions and employment systems.

 

By this virtue, the author suggested seven management guides in the proper treatment of management problems:

 

1. Allocate time to listen on suggestions.

    It is not necessary that you should follow anyone’s suggestion. The purpose of asking their suggestions is to discern how they perceive the management problems. You must not discriminate on who will give suggestion; there is a tendency that you can learn best things from the lowest ranked employee.

 

2. Be skeptical in all kinds of dealings.

    In management, a hasty decision is the most dangerous action. It is not necessary that you should believe in all myths of effective administrations or the most effective solutions to a particular problem.

 

3. Before making a decision, determine whether it is reasonable and practical.

    The conjunction “and” is important to note. It is not enough that it is only reasonable; there is a tendency that a decision may be practical but not reasonable or reasonable but not practical. The two must coexist. What is reasonable and what is practical are questions of facts determined only by situations and circumstances.

 

4. Before defining a problem, the cause must first be determined.

    I call this as PRIORITY OF THE CAUSE PRINCIPLE. Logic proves that a problem is only a result of a cause, solving a problem without knowing its cause is the same as aiming at an unknown target.

 

5. Apply this method in addressing a particular management problem:

    a.]     understand the cause of the problem

    b.]     define the problem and its complications

    c.]     gather relevant facts, informations and data

    d.]     conduct studies, research, observations and experiments

    e.]     eliminate undesirable suppositions

    f.]      formulate the most simple solution

 

6. If there are many solutions formulated, try the most efficient.

    I call this as EFFICIENCY PRINCIPLE. When there are many solutions, the confusing and complicated must be discarded. What is needed is only the most efficient.

 

7. If the problem is resistant to any solution, REORGANIZE the management system.

    I call this as CONTAMINATED MANAGEMENT PRINCIPLE. The only practical solution is restart the whole operation should there be a lethal virus in the management system.

CONDEMNATIONS ON ACTS AGAINST WOMEN

It is surprising to know that in this modern time of our civilization there are still nations that remained so naïve, so ignorant, so mean, so violent, so arrogant and so evil against our women. Those arrogant minds must now be awake that gender classification is not the same as discrimination; by this circumstance, I vehemently utter my condemnation against all nations whose standards, cultures and laws failed to recognize women as a human living specie with rights and existence equal with anybody else.

 

I CONDEMNED the nation who treated women as an inferior organism;

 

I CONDEMNED the nation   who tolerated the disrespect towards women;

 

I CONDEMNED the cultures and laws that sell their women for marriage;

 

I CONDEMNED the religion which allows the maltreatment of women;

 

I CONDEMNED the community whose practice is to send their helpless little women to a violent person who could afford the dowry;

 

I CONDEMNED the mentality and belief that men are authorized to strike/beat women;

 

I CONDEMNED the judicial systems who afford lesser rights on women;

 

I CONDEMNED all systems which based its entire classifications on gender;

 

I CONDEMNED all acts that are deliberately done against women; and

 

I VEHEMENTLY CONDEMNED those who think that a society could survive without women.

 

                    

                     IN HONOR OF AND DEDICATION TO

                     THEO VAN GOGH, a filmaker who was murdered by an Islamic extremist in Amsterdam in 2004 after he made a short film exposing Islam’s treatment of women.

Business Lessons 4: Questions on Capital

One of the first concern in any business is the thing called “capital”. In business, the term “capital” is understood as the prime operational expenses in the commencement of the business.

There are questions, however, which may help eradicating the myths pertaining with capital.

 

Question 1: Is it necessary to have a big capital to commence a business?

Answer:      No. It is enough that a capital may cover the necessary business expenses.

 

Question 2: Should there be a capital to every business?

Answer:      Yes. A business without a capital is no business at all.

 

Question 3: What is included in capital?

Answer:      Capital includes the expenses in the operation of the business, and all its losses. Meaning, capital shall also cover for the losses while the business is on the process of negotiating the mortal stage of its operation.

 

Question 4: When shall the capital terminate?

Answer:      Capital may be terminated after all operational expenses are replenished by gains or the profits of business. The subsequent expenses shall not be considered capital because it may be answered by the gains obtained. Gains is considered only after the recovery of the capital

 

Question 5: Is it necessary to have an actual capital?

Answer:      No. An actual capital is the capital at hand. Business may still commence by using a collateral capital or any other commercial devices and instruments, like checks, mortgages, loans, credits, et.c.

It is not necessary that a capital should always be in cash.

 

Question 6: Should capital always be in money?

Answer:      No. There are substitutes to money which may be used as a capital, like negotiable instruments. An asset, like oratorical skills, may also be utilized as a capital in any religious business.

 

Question 7: Is there a business without capital?

Answer:      No. Capital is essential before the commencement of a business.

 

DEATH OF A PERSON AFTER SEXUAL AFFAIRS: Questions

Hypothetical facts:

In June 15, 2000, Boniface Paraz, a 60 year-old gentleman of a sound mind, asked the services of young lady. The lady goes with Boniface to a particular place for a secret and temporary sexual affair. After the encounter with the lady in a secret place and on a secret sexual transaction, Boniface’s blood pressure went up which caused his untimely expiration. The widow and the children were seeking for a legal remedy on the shameful death of Boniface Paraz

Question 1: Will the young lady be liable on the death of Boniface Paraz?

Answer: NO. Except when a sexual act is previously designed to commit a murder. Boniface is not deceived and neither a minor. His discerning capability brings the entire event to a case of VOLENTI NON FIT INJURIA.

Question 2: In the situation that Boniface is already on an advanced age and probably suffering from a heart failure, will the young lady be liable on this score?

Answer: NO. It is not the function and duty of the young lady to make assumptions on the age and health status of her partner. The negotiation is all about rendering some sexual services, nothing else beyond the agreement.

Question 3: Is the young lady not the PROXIMATE CAUSE of Boniface death such that would make her liable?

Answer: NO. Sexual encounter is not the proximate cause on this incident because death is not a necessary result of sexual affairs. Boniface’s death is a result of his own “excitement” and cannot be credited to anybody else’s contribution. Proof of certainty shall be provided on the event that an exterior contribution shall be brought out in the allegations.

Question 4: Supposing the young lady took the gold ring, gold neck lace and any other wearing apparels of Boniface, will the young lady be prosecuted for theft by the children and the widow of the deceased?

Answer: NO. All artificial materials found in the body of Boniface are considered to be objects purely personal to the owner. The prosecution for theft shall only be instituted by the owner of the property. Since those wearing apparels were personal, any other party are not authorized to bring action in behalf of the owner. Also. the owner cannot bring action by reason of impossibility.

Question 5: What about the heirs’ right to inherit the property of the deceased?

Answer: The righ to inherit is under successional right which is defined by civil law; meaning, the ownership by succession will not automatically grant the successor the right to institute criminal actions because the crime of theft is committed directly by a thief upon the taking of the property from its owner. Try to note that there is no such crime as an “indirect theft” which shall be instituted by the heirs of the stolen property.

 My other observation: When the property was taken from the deceased while he was still breathing [or alive], the right of the heirs to inherit is immaterial because there is no such right exists. The right to inheret may only be asserted when the heirs can prove the existence of such right, meaning, the heirs should prove that the property was taken during or after the death of Boniface; this is essential because only at the time of death may an heir obtain a right to inherit the property of his/her ascendant.

Question 6: If an heir cannot prosecute in behalf of the deceased for the stolen jewelries, can he/she substitute?

Answer: NO. Substitution can only be applied when there was already a case instituted by the deceased prior to his death.

Ancient Legal Doctrines Involved in Negligence Cases: Comments and Simplified Explanation

I humbly presumed that it is widely understood that the lack of diligence is the essence of what is called “Negligence”, the term then signifies as the absence or the lacking of caution which an ordinary man of common sense should observe.

Thus, I defined “Negligence” as a failure of what a prudent man anticipates; a failure of apprehension on the reasonable consequence of an act; the failure in the anticipation of a natural result of an act or omission.

In negligence cases, there are so many corners of events from which an incident might be interpreted in accordance with the circumstances of time, place and some other situations. Almost all of the principles involved date back to the time of ancient civilizations, most of them were from Rome, that is still useful even to this day of our time. Only that not all of these doctrines were accessible to our direct understanding – meaning, these doctrines in generality are not easy to understand.  Hence, to explain them in the simpliest term is a necessity in this attempt. 

Before anything else, we will try to discover in the first place the two types of negligence; it is the negligence of doing [it means, to constitute a negligence, the actor must have done a negligent act] and the negligence of non-doing [it means, to constitute a negligence, the actor failed to observe some standards dictated by human reasoning. It is also called negligence of omission].

THE LAST CLEAR CHANCE DOCTRINE

The doctrine of last clear chance refers to the situation whereby a party who had the last opportunity to avoid or to escape the danger is considered to be negligent when he failed to evade from the impending harm.

Illustration: Mario Gitubol was properly driving his car in the proper lane; when he observed that a car in opposite direction was running in the same lane of the road, Mario Gitubol did not bother to take the other lane on the basis of his belief that he will be favored in the courts of law in case of collision case because he is driving his car in the proper lane. The two cars collided and the last clear chance is in him who had the opportunity to avoid the incident.

Comment: Mario Gitubol shall be considered negligent because the accident would not have occured had he avoided the car that was running in his lane. He had the last chance to avoid the mishap; the fact that he was running his vehicle in a right lane does not totally cleared him from being negligent. The doctrine of last clear chance appeared to be unfair for those who were prudent; In my opinion, the person who detects danger and failed to avoid it is not and never to be considered as prudent. In fact, it is the most reasonable doctrine since our mind dictates the avoidance of danger rather than asking the sympathy of the public that he was responsibly driving his vehicle in the proper lane.

DOCTRINE OF CONTRIBUTORY NEGLIGENCE

The doctrine of contributory negligence is also called “the shared responsibility rule” [It is only my view]. This refers to a situation where an unfortunate events [rhetorical term for accident] cannot exist if not by the voluntary act of the parties.

Illustration: Clarina participated in a bungee jumping adventure in Manipis Cliff. However, before the jumping adventure, the head of the team informed Clarina that the bungee jumping rope might not be capable of holding her because of her weight [probably 500 pounds]. Clarina suppressed the dissuasion of the team leader on her belief that the rope might even hold an elepant, hence jumped into deep height and vanished after the rope looses.

Comment: Clarina contributed to the negligence of the team leader. The negligence of the team master arises at his failure to prevent Clarina from participating, but Clarina also becomes negligent in her assertion to take part in the adventure considering the suggestion of the team master.

Purpose: The reason of knowing this doctrine is to minimize the liability of a party charged for negligence.

DOCTRINE OF VOLENTI NON FIT INJURIA

The doctrine is also known as “the assumption of risk rule”.  The latin “volenti non fit injuria”  suggests a concept about “self inflicted injury”. This refers to the injury caused by the injured himself.

Illustration:  Kobe was a ticket collector of a train bound from Brisbane to Sydney, when he asked a certain Dingwall to present the ticket the man run away to the nearer window and jumped off from the running train which resulted to Dingwall’s untimely death.

Comment: The absence of a ticket, the fear Dingwall entertained in his mind, and the act of jumping from the train are all his fault. The train cannot be said negligent because the procedure of asking for a ticket is a transportation standard in all civilized place.

DOCTRINE OF DAMNUM ABSQUE INJURIA

Damnum Absque Injuria literally means “damage without legal injury”. This doctrine presupposed the existence of a damage, only that there is no law in the determination of the offender party. Meaning, there is damage but there is no injury on the reason that the cause is not a result of a negligent act.

Illustration 1: Connor was driving a truck together with all his classmates. The truck was suddenly struck by a lightning that caused it to bump at a place full of people.

Comment:  Connor cannot be said to be negligent because the cause is not his negligent act but a sudden distraction that stops the natural consciousness of every man at the time of the incident. There is no injury although there is damage because the term “injury” brings the concept as being the result of a deliberate or a negligent act.

Illustration 2: Constancio Gacalibang is a stateless person who was killed in Iraq while he was roaming around in the City of Baghdad. In International Law, a stateless person is considered as a person owned by nobody. Hence, Mr. Gacalibang’s death maybe a damage to his family but there is no legal injury against any state.

Comment:  The doctrine of damnum absque injuria is applicable to the case of Constancio Gacalibang because there is no state considered to be the injured party in case of death of a stateless person. In International Law, a state is not authorized to assert on the right of a person in another state when the person is not its citizen. This is because a state has no interest and has no standing in another territory for a person not its national. The status of stateless may be acquired by a person when he was born at a place who grants only citizenship by blood [jus sanguinis] and his parents were from the place who grants only citizenship by land of birth [jus solis].

Example of Statelessness:        X, an American citizen, gave birth to Y while having her vacation in Spain. Y is considered a stateless person because America does not grant citizenship to any child of its citizen when the child is born outside America [America adheres to Jus Solis], and Spain does not grant citizenship to any child unless born of both Spanish parents [Spain adheres to Jus Sanguinis].

DOCTRINE OF FORCE MAJEUR

Force majeur is referring to a “strong force” which a person has no control. Something which is beyond the control of man or anything under uncontrollable circumstance.

Illustration: Jose was sued for failure to deliver a masterplan to Meacham Corporation. The failure to deliver was due to the destruction of a bridge connecting one place to another which occurred many weeks before the obligation to comply takes place.

Comment: Jose is not liable for his failure because it was not caused by his negligence but by some circumstance beyond his will and capability. This is a situation where an ancient phrase could be applied – “NO ONE IS OBLIGED TO COMPLY AN IMPOSSIBLE DUTY”.

RESPONDEAT SUPERIOR

Respondeat superior is a delegated responsibility rule. It means that a negligent act of a person is deemed to be coming from the authority who commissioned the person’s work. It suggests that the act of a servant is considered to be an act of the master.

Illustration: A security guard of a Mansion owned by Mrs.Gikegwa shot an intruder after refusing to yield on a “stop order”. The security guard was charged of injury.

Comment: The act of a security guard is considered as the act of the owner who hired him because his function is hinged upon a contract to do or to perform an act of initiative to protect the person who hired him. Hence, his act is considered as an act with permission from authority. The owner should answer in behalf of the actions taken by the security guard.

PROXIMATE CAUSE RULE

This refers to the first cause of event. It refers to the adequate and efficient cause which naturally produce the logical result.

Illustration: A driver of a bus was hit by a solid object thrown by one passenger who had a fight with another passenger which resulted to the collision with another vehicle.

Comment:  The proximate cause of the incident is not the negligent act of the driver because the first cause of the event was coming from a passenger who threw a solid object that caused the distraction of the driver’s driving concentration which resulted to the collision with another vehicle.

With the hope that this contribution be of intellectual help to our evaluation and judgment on events pertaining with human imprudence. -Barrister79

The Salient Features of Niccolo Machiavelli’s “The Prince”

Niccolo Machiavelli

Born in Florence, Italy on May 3, 1469. He received a quality and classical education typical of the humanist traditions of Renaissance Italy. He became close friends with Cesare Borgia of the powerful Borgia family. Mac [the name used by barrister79 for Niccolo Machiavelli]  lived at a time of continuous political conflict.

Salient Features of “The Prince”

1. Moral principles must yield to every circumstance, especially in such cases where sordid [dirty] and inhuman actions may  be required.

2. It is imperative to do anything necessary to maintain and to hold power.

3. The “Prince” must not be hated, he must endeavor to avoid hatred. It is best for him to be feared and loved, however, if both cannot be possible it is better to be feared than loved.

4. War and ruthlessness are requirements for actual survival.

5. It is understood that apparent cruelties and hostilities may be essential to maintaining stability and power; the end justifies the means.

6. The wisdom to seek advice and counsel only when it is needed.

7. Ethics and politics has no connections, it is entirely different and distinct from each other.

8. The “Prince” should endeavor to be seen as compassionate, trustworthy, sympathetic, honest, and religious. Although in realities, his duties are rarely any of these.

9. The rule of law will yield to the rule of force; the rule of law can only move when it has a considerable amount of force.

10. The “Prince” should maintain a good relation with the people.

Annotation: The significance of propaganda becomes apparent. Its importance is to neutralize the unrealistic expectations of the people. The creation of myths is necessary, people always love to entertain folklores.

11. It is a sin to hamper the people’s laws and customs. If the “Prince” would change it, he may do it either indirectly or gradually. The aim is to allow men to live quietly.

12. A virtuous “Prince” must protect and ally his weaker neighbors and weaken the stronger.

13. He who causes another to become powerful ruins himself.

14. In all difficulties of governance, the only effective means of establishing rule is by force.

15. The “Prince” relying solely on fortune has little chance of survival.

16. The prophetic “Prince” should not rely only on his prophetic sermons. [This was a lesson taken by Mac from the situation of Girolamo Savonarola, a friar of Florence who relied too much with his oratory]

17. All armed prophets have succeeded and all unarmed ones have failed; people are by nature changeable.

18. A “Prince” must group nobles according to whether they support him or not. The ambitious and cunning nobles should be looked upon as enemies to be carefully watched.

19. Support from the subjects is easily accomplished by not doing them harm or by not placing them in threat.

20. In fortifying a city, during stress, a virtuous “Prince” must keep the morale of his subjects high, while removing all dissenters.

21. The “Prince” must know his people, the cultures, the language, the territory and the military.

22. Don’t rely on mercenary armies because they don’t have loyalties. Their motivation to fight is for money. [Observation: By common sense, there is an element of fear of a counter-offer]

23. Don’t rely on auxiliary armies because they are more dangerous than mercenaries. They are united and controlled by competent commandants [Observation: Auxiliaries are considered dangerous because they are borrowed from an ally which may have a military business with the enemies; its possibilities are anchored on the fact that they are controlled by leaders of which the ally has no control]

24. A “Prince” who strives after goodness in all his acts is sure to come to ruin, since there are so many men who are not good.

25. The only ethics that matters is one that is beneficial to the “Prince” in dealing with the concerns of his state.

26. If a “Prince” is overly generous to his subjects, appreciations will be lost because they will only greed for more. Besides, over-generous is not economical – it will only result in grief. Building up a reputation of generosity has a little importance.

27. To avoid hatred, do not interfere with the property of the subjects, their women, or the life of somebody without proper justification.

28. For a “Prince” who leads his own army, it is imperative for him to observe cruelty because that is the only way he can command his soldiers’ absolute respect. [Annotation: This is a lesson Mac learned from Roman history on the armies of Hannibal and Scipio]

29. Between two warring states, it is wiser to choose a side rather than be neutral.

      Reasons: a.] If your allies win, you benefit whether or not you have more power than they have;

                    b.] If you are more powerful, then your allies are under your command; if your allies are stronger, they will always feel a certain obligation to you for your help;

                    c.] If your side loses, you still have an ally [Observation: A loser ally is more advantegeous than having no ally]

30. It is wiser for a “Prince” not to ally with a stronger force unless compelled to do so. It is an important virtue to have the wisdom to discern what ventures will come with the most reward and then pursuing it courageously.

31. The selection of quality servants is reflected directly upon the “Prince”‘s intelligence, so if they are loyal the “Prince” is considered wise. [Observation: An impaired servant does not mean lack of quality, what is important is loyalty. Dracula had a perfect servant  although Reinhardt is not so mentally fit]

32. There are three types of intelligence:

      a.] kind that understands things for itself  – which is excellent to have.

      b.] kind that understands what others can understand – which is good to have.

      c.] kind that does not understand for itself nor through others – which is useless to have.

33. The “Prince” should avoid flatteries and flatterers.

34. A prudent “Prince” should have a select group of wise counselors to advise him truthfully on matters only that he inquires of. Any other opinions should be ignored.

35. The “Prince” should be wise enough to be firm and should avoid changing of the minds.

COMMENTS ON THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Human Rights Law as stated in the Universal Declaration of Human Rights.

 

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Comment: This article does not totally negate inequalities – ”economic equality, civil equality, physical or mental equality, etc..” were not included in the language of Art.1;   Art.1 is a declarative language stating that “all human beings are born free and equal IN DIGNITY AND RIGHTS”. The term “human being” is used rather than “man”; the purpose of this is to erase the concept of gender classification.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Comment: The phrase “without distinction of any kind” in the first paragraph is only a legal semantic. I believed that an absolute absence of distinction is unattainable and impossible. There are either natural or artificial privileges granted to some persons and cannot be availed by others of which this declaration has no control.

The second paragraph speaks of an ASPIRATION in the mind of the creator of the UDHR. The subsequent lines itself in the second paragraph of Art.2 is already an implied recognition of the distinctions.

Article 3

Everyone has the right to life, liberty and security of person.

Comment: This article speaks of the right to exist and to define his/her existence in accordance with his/her freedom of movement. “Security of person” means that a person has a total discretion of his/her will, belongings, properties, and other things under his/her control; he/she shall not be guided by fears, threats and duress in alll of his/her determination.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Comment: Art.4 means that a person should not be forced to perform something; when an act is done involuntarily or outside the person’s will, then Art.4 is violated. This does not include an official function saddled with ministerial duties because the act of defiance to the superior authority is considered as insubordination, hence, a ground to dismiss him from the service. 

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Comment: Torture and cruelty is not limited only to physical harm, it includes mental [psychological] and spiritual cruelty. Spiritual cruelty does not necessarily mean “spirituality” as defined in religion.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Comment: A civil interdiction as a result of conviction declared by a court and/or the declaration of persona non grata made by a state against a person may be a violation of Art.6 of the UDHR.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Comment: This is a situation wherein the “law” is personified. It was almost forgotten in this article that the laws were administered and enforced by human beings capable of inventing rational or irrational distinctions, the same human beings that already perfected the art of making classifications.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Comment: This article is not making a standard for the determination on the competence of a national tribunal. When a person’s right is violated and no efffecient remedies in the court, the person will just flourish this article if the UDHR in the air without recourse because the art.8 has no way of checking the competence of a local tribunal.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Comment: This article allows the reader to assume the scope of arbitrary arrest because it did not mention about how and what constitutes arbitrary arrest, detention or exile. Will a “safe-keeping” mean another concept of detention? Will a request preventing a person from leaving from the police station a form of arrest? Will the note stating “better for you to leave the country before dawn, or else..” a form of an exile?

Article 10

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.

Comment: This refers to the right of the accused to be heard publicly before an impartial tribunal. When a judge appeared to have an interest over the case or when a judge appeared to favor the a party, he/she should be disqualified from hearing the case or voluntarily inhibit himself therefrom. A chamber hearing exclusive only for some persons is not allowed under this article.

Article 11

1.        Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

2.        No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Comment: We are already living in the system wherein the accusation must not be based on pure allegation but on admissible evidence. In the absence of admissible evidence, it is but a proper rule to presume the innocence of the accused.

The second paragraph speaks of EX POST FACTO LAW where an act cannot be considered as a violation to a law before its enactment; it means that a belated law cannot bind an a previous offense.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

1.        Everyone has the right to freedom of movement and residence within the borders of each State.

2.        Everyone has the right to leave any country, including his own, and to return to his country.

Comment: The term “right” is different from the term “capability”. A person may have the right but does not have the capability. The right to leave a country does not necessarily follow that he can leave a country immediately, there are always a legal and political process to it.

Article 14

1.        Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2.        This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

1.        Everyone has the right to a nationality.

2.        No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Comment: When a person is stateless, the right to a nationality may be denied to him/her. The term “nationality” signifies political allegiance to a particular state which may be changed in accordance with some political requirements depending on every counrty. 

Article 16

1.        Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2.        Marriage shall be entered into only with the free and full consent of the intending spouses.

3.        The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

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 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

1.        Everyone has the right to freedom of peaceful assembly and association.

2.        No one may be compelled to belong to an association.

Article 21

1.        Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

2.        Everyone has the right to equal access to public service in his country.

3.        The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

1.        Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

2.        Everyone, without any discrimination, has the right to equal pay for equal work.

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.

4.        Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

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

Comment: This article would serve as a recommendation to every nation to create a legislation promoting the welfare of the laborer.

Article 25

1.        Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

2.        Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

1.        Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2.        Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

3.        Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

1.        Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

2.        Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

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.

Article 29

1.        Everyone has duties to the community in which alone the free and full development of his personality is possible.

2.        In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

3.        These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Comment: The observance of human rights is not only a responsibility of one person, everyone has a duty. When all of us be deaf and mute to all human rights violations, then all of these words are worthless.

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.

Comment: This article provides a standard for legal hermeneutics; it means that interpretation should always be in favor of human rights and not for its destruction.