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Philippine Bar review · Question

Practice question: United Nations Declarations

Multiple Choice Hard

Practice question

A person faces a prosecution stipulated to be genuine and to arise from a non-political crime. Counsel argues that UDHR Article 14 creates an exceptionless asylum entitlement against that prosecution, based solely on the declaration. Without resolving any separate refugee-treaty issue, which reading of Article 14 is correct?
  1. Every criminal prosecution is necessarily persecution
  2. Article 14 has no qualification
  3. Any assertion of fear automatically proves asylum entitlement
  4. Article 14(2) expressly limits invocation in the stipulated genuine non-political-crime prosecution setting
  5. The declaration abolishes all criminal jurisdiction

Legal references

  • Universal Declaration of Human Rights, Articles 14-16 and 29-30, UN General Assembly Resolution 217 A (III), December 10, 1948, official text: https://www.un.org/en/node/124305

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