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LEGAL BASES-INCLUSIVE EDUCATION IN THE PHILIPPINES

7 Kenji TLE8 ICT Related Legal Bases in the Philippines

Honduras is a Central American nation bordered by Nicaragua, Guatemala, and El Salvador. The Caribbean Sea forms its northern coastline. The Pacific Ocean borders a small southern strip of land. Almanaque Nombre oficial: República de Honduras Área total: 112.090 km2 Población: 9.038.741 Ciudad capital: Tegucigalpa Moneda: lempira Lenguas: español, dialectos amerindios Early History Explorer Christopher Columbus came to Honduras in 1502 on his fourth trip to the New World. As was the case in North America, Honduras, in Central America, had been home to many native indigenous groups including the Sumu and Lenca. Some estimates suggest an indigenous population of up to 2,000,000 before the Europeans arrived. Among these indigenous groups were the Maya. Their civilization spread from the Yucatán area of Mexico to Honduras’ ancient city of Copán. Spain’s conquest of Honduras began in 1525, but it was not easy. It took until 1539 to fully conquer it. There were conflicts with the native population, who were forced into labor. Many died from disease and abuse. Others were enslaved and sent to the Caribbean islands. In addition, there were pirate attacks and in-fighting among the Spaniards. Phawat/Shutterstock Gold and silver deposits were discovered in Honduras in the 1530s, attracting more settlers. By the mid-16th century, mining was an important industry, mainly in the towns of Gracias and Comayagua. More native labor was needed, taking its toll on the dwindling indigenous population. As a solution, enslaved Africans were introduced in the 1540s. This was well before 1619, when enslaved Africans first arrived in Jamestown in the American colonies. The 17th century was filled with conflicts, primarily between the Spanish and the British. Britain wanted to establish colonies on the Caribbean coast of Honduras. They eventually seized the coast with help from the native Sambo and Miskito peoples. However, Spain later regained control. Independence In the early 1800s in Honduras, resentment toward Spain grew. One reason was that Honduras was subject to more taxes to help pay for conflicts that were happening between Spain and France. Other Spanish colonies were also increasingly resentful toward Spain. In 1776 in North America, the 13 colonies banded together to declare their independence from Britain. Similarly, Honduras joined other Central American provinces. Together, they declared independence from Spain on September 15, 1821. Honduras briefly became a part of Mexico, but in 1823, it became independent from Mexico. It then joined the United Provinces of Central America. This included other former Spanish colonies: Costa Rica, El Salvador, Guatemala, and Nicaragua. But the federation did not last, partially due to divisions in political beliefs. In 1838, Honduras declared its independence from the federation. By the early 1900s, the United States had economic interests in Honduras. American fruit corporations like the Standard Fruit Company and United Fruit Company began investing in Honduras to export bananas. To protect American investments, the United States became more involved in Honduras’ political affairs. When Nicaragua appeared to threaten the stability in Honduras, US President Taft sent forces to Honduras to protect American interests. The Great Depression caused economic havoc in the United States and elsewhere. In Honduras, this meant economic problems and political turmoil. During this time, General Tiburcio Carías Andino was elected president, in 1932. He worked to strengthen the military and pay off Honduran debt. Yet he also worked to gather and maintain his own power. He changed the constitution so that he could extend his term in office as president until 1949. His advanced age and pressure from the United States forced him to allow free elections in 1948. General Francisco Morazán In 1823, Honduras joined the United Provinces of Central America. In 1830, Tegucigalpa-born General José Francisco Morazán was elected president of the federation. He remained president until just before the federation disbanded in 1840. aalezk/Shutterstock Morazán favored liberal policies and the reduced power of the church. Morazán was a self-educated man. He recognized the importance of education and the need for schools in Honduras. He believed that girls and boys should have an equal opportunity for education. During his presidency, he tried to make improvements in education. He opened schools that were free to attend. In addition to improving education, he established a system of trial by jury. It was based on the Livingston Code, created in Louisiana. This was a set of reforms to the system of legal punishment. Today, Honduras celebrates the Day of the Honduran Soldier on October 3, Morazán’s birthday. This holiday honors Morazán for his fight for democracy, liberalism, and the nation. Modern Honduras The last half of the 20th century was a political rollercoaster. There were various coups (government takeovers), conflicts, and changing leaders. Starting in 1963, Honduras was primarily led by military governments. This continued for almost 20 years. In 1969, Honduras fought a four-day war with El Salvador. The conflict was over immigration and the shared border. Though the war was brief, the two nations didn’t sign a peace treaty until 1980. With the election of president Roberto Suazo Córdova in 1981, Honduras returned to a civilian government. In the 1980s Honduras was tangled in conflicts of Nicaragua and El Salvador, partly because of the United States. Nicaraguan Contras, who wanted to overthrow the Sandinista government in Nicaragua, were using US-approved bases in Honduras. The United States was also running training camps in Honduras for Salvadoran forces facing their own civil war. This sparked anti-American protests and a desire to reduce the US presence in Honduras. Over the next few decades, Honduras continued to experience political instability. In 2009, President Manuel Zelaya was removed from power by a military coup. People were upset because he called for a referendum to change the constitution. The international community condemned this coup. As a result, Honduras cut diplomatic ties with several countries. In 2010, the United States recognized President Porfirio Lobo Sosa as a democratically elected leader. He was followed by Juan Orlando Hernández in 2014. However, protests in 2015 called for his resignation over claims of campaign fraud. In 2017, Orlando Hernández was re-elected in a disputed election.

Legal Basis

Base Legal SRRC

Base constitucional y sistema legal que rige al comercio exterior.

What is a crime A crime is generally defined as an act or omission that is prohibited by criminal law Two critical ingredients of a crime are: 1) the commission of an act (Actus reus) 2) the mental intent to commit the act (Mens rea) A crime occurs when a person Commits an act or fails to commit an act when under a legal responsibility to do so Has the intent or mens rea to commit the act Does not have a legal defence or justification for committing the act and Violates a provision in criminal law The Social construction of crime Important to distinguish between behaviours that may be considered deviant by society and crimes Deviance is behaviour that is contrary to the norms and values of the larger society Crime is behaviour that breaks the law Deviance includes: Criminal behaviour and Wide range of other behaviours not against the law: May be frowned upon by the larger society What is viewed as deviant changes over time Crime includes: Social construction of crime Legal status of behaviours is not determined by behaviour itself but result of social response to the behaviour/persons/groups engaged in it Criminologists often conduct historical analyses to understand how social, economic and political environments may influence legislation Moral entrepreneurs Often play a key role in criminalizing certain activities Individuals, groups or organizations, seek action against certain groups of people/behaviours and bring pressure on legislators to enact criminal statutes The Origins and Application of the Criminal Law Differing perspectives on where criminal laws come from/ applied via the criminal justice system are reflected in two models 1) Value consensus model 2) Conflict Model Value consensus model Behaviours are defined as criminal/punishment imposed, reflect opinions/limits of tolerance Application of law, society reaffirms acceptable behaviours/social cohesion Conflict Model Crime and punishment reflect the power some groups have to influence, formulation/application of criminal law rich/privileged have an advantage in influencing law reform/criminal justice system The Canadian Legal System Is a common law system, with exception of Quebec which has a civil law system (Based on the French Code Napoleon) Common law is law based on custom, tradition, practice and generally unwritten Precedent is a judicial decision may be use as a standard in subsequent similar cases Canadian Courts Canadian courts organised in a hierarchy Supreme court of Canada is the highest court Stare decisis- principle whereby higher courts set precedents that lower courts must follow “To stand by what was decided” Like cases should be treated alike All courts below SSC bound to apply that same ruling in subsequent cases Criminal Law Body of law deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Functions of the Criminal Law In Canadian society, Criminal law provides the following functions Acts as a mechanism of social control Defines the parameters of acceptable behaviour Reduces the risk of personal retaliation Assists in general and specific deterrence Prosecutes criminalized behaviour Protects groups interests Principles of Canadian Law The Rule of Law The requirement that governments as well as individuals be subjected to Traced back to the English Magna Carta The essence of the rule of law is that No one person is above the law All persons are bound by the law All are entitled to protection by the law The law should be observed and enforced equally There is a standard to which criminal justice officials must adhere and will be held accountable Criminal Law Vs. Civil (Tort) Law Summary Crime is a social construction and is a reflection of changing time and mores Criminal law is not static and what behaviour legislatively defined as criminal can change overnight There are instances in which controversy arises when the criminal law is applied to issues of ethics, morality and religion The criminal law was identified as one type of public law and the functions of the criminal law were set out The rule of law and the charter of rights and freedoms are two key parts of the foundation of the criminal justice system There are several principles that also provide the foundation for Canadian law The role, principles origins and application of the criminal law were examined and a number of case studies were presented to illustrate the dynamic nature of the criminal law in a diverse society

Land warfare is a complex domain that involves the application of military power on the ground to achieve political and strategic objectives. Modern military doctrine, such as that used by the U.S. Army and the Indian Army, categorizes these elements into Combat Power and the Principles of War. 1. The 8 Elements of Combat Power Combat power is the total means of destructive, constructive, and information capabilities that a military unit can apply. It is typically broken down into eight key elements: ElementDescriptionLeadershipThe "multiplier" of all other elements. It provides purpose, direction, and motivation to soldiers.InformationEnables commanders to make informed decisions and creates opportunities to achieve results.Mission CommandThe system used to integrate the other elements. It focuses on decentralized execution based on the commander's intent.Movement & ManeuverThe movement of forces to gain a positional advantage over the enemy to deliver lethal or non-lethal effects.IntelligenceThe understanding of the enemy, terrain, weather, and civil considerations.FiresThe use of weapon systems (artillery, mortars, air support) to create specific lethal or non-lethal effects.SustainmentThe logistics required to maintain operations, including ammunition, fuel, food, and medical support.ProtectionThe preservation of the force so that the commander can apply maximum combat power.2. The Principles of War These are the enduring "rules of thumb" that guide how land forces are employed strategically and tactically: Objective: Direct every operation toward a clearly defined and attainable goal. Offensive: Seize, retain, and exploit the initiative. You cannot win by defending alone. Mass: Concentrate the effects of combat power at the most advantageous place and time. Economy of Force: Allocate the minimum essential combat power to secondary efforts so you can "mass" elsewhere. Maneuver: Place the enemy in a position of disadvantage through flexible movement. Unity of Command: Ensure all forces operate under a single responsible commander toward a common objective. Security: Prevent the enemy from gaining an unexpected advantage. Surprise: Strike the enemy at a time, place, or in a manner for which they are unprepared. Simplicity: Prepare clear, uncomplicated plans to minimize confusion in the "fog of war." 3. The Modern Legal Framework Land warfare is also governed by the Law of Land Warfare (International Humanitarian Law), which rests on four pillars: Military Necessity: Actions must be necessary to achieve a legitimate military goal. Distinction: Forces must distinguish between combatants and non-combatants (civilians). Proportionality: The anticipated harm to civilians must not be excessive in relation to the concrete military advantage gained. Unnecessary Suffering: Weapons and methods must not cause gratuitous or superfluous injury. Note: Contemporary land warfare is increasingly "Multi-Domain," meaning land forces must now integrate with cyber, space, and electronic warfare to be effective. , While land warfare uses many tools, the two primary "philosophies" of how to win a war are Attrition and Maneuver. Most modern conflicts are a spectrum of both, but understanding the pure form of each helps explain military strategy. 1. Attrition Warfare: The "Sledgehammer" Attrition warfare is a strategy where one side attempts to win by wearing down the enemy to the point of collapse through continuous losses in personnel, equipment, and supplies. Core Logic: "I have more than you." It assumes that if you can destroy the enemy’s resources faster than they can replace them, you will eventually win. Focus: Firepower and mass. Success is measured by "body counts," equipment destroyed, and the steady seizing of terrain. Command Style: Usually centralized and methodical. It requires strict synchronization of massive resources (artillery, logistics, manpower). Historical Example: The Battle of Verdun (WWI). German Chief of Staff Erich von Falkenhayn famously stated his goal was to "bleed France white" by forcing them to defend a position they could not afford to lose, regardless of the cost in lives. 2. Maneuver Warfare: The "Scalpel" Maneuver warfare seeks to shatter the enemy’s moral and physical cohesion—their ability to act as a unified force—rather than simply destroying every soldier. Core Logic: "I am faster and more unpredictable than you." It aims to create a state of chaos where the enemy's leadership can no longer make effective decisions. Focus: Speed, surprise, and dislocation (forcing the enemy to be in the wrong place at the wrong time). The OODA Loop: Developed by Col. John Boyd, this is the heart of maneuver theory. It stands for Observe, Orient, Decide, Act. The goal is to cycle through these steps faster than the enemy, essentially "getting inside" their decision-making process until they collapse from confusion. Historical Example: The 1940 Invasion of France (Blitzkrieg). Instead of fighting a line-by-line battle of attrition, German forces used speed and concentrated armor to bypass strongpoints, cut communication lines, and cause a total systemic collapse of the French military in weeks. 3. Key Differences at a Glance FeatureAttrition WarfareManeuver WarfareObjectivePhysical destruction of the enemy army.Functional/Psychological collapse of the enemy.TargetThe enemy's strength (mass).The enemy's weakness (vulnerability).Primary ToolMassed Firepower.Movement and Tempo.Command"Command Push" (Top-down, rigid)."Recon Pull" (Decentralized, flexible).Success MetricExchange ratios (Kill counts).Disruption and loss of enemy control.4. The Modern Synthesis: "Schwerpunkt" In practice, no army is purely "maneuver" or "attrition." To maneuver successfully, you often need a period of attrition to punch a hole in the enemy's line. A critical concept here is the Schwerpunkt (Center of Gravity/Focus of Effort). A commander identifies the single most important place to strike and concentrates all available "elements of power" there. While the rest of the front might look like attrition, the Schwerpunkt is where the maneuver happens to achieve a breakthrough. Modern Reality: In high-intensity conflicts today (like the war in Ukraine), we see a "return to attrition" because modern sensors (drones, satellites) make it very difficult to achieve the surprise needed for pure maneuver warfare. When you can see everything, it's hard to be "unexpected."

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