Current Situation of Human Rights in the Philippines

Former UN Secretary General Ba Ki-moon once said, “We declare that human
rights are for all of us, all the time: whoever we are and wherever we are from; no matter
our class, our opinions, our sexual orientation.”1 Human Rights as defined by the United
Nations are “rights that are inherent to all human beings, regardless of race, sex, nationality,
ethnicity , language, religion, or any other status”. Since President Rodrigo Duterte started
his constitutionally limited six-year term of office, the Human Rights situation in the
Philippines is being pulled in different directions. There are improvements in the human
rights situation and there are some that needs proper attention, those that can be improved
if the legislators will take a closer look and also other public offices that are concerned. A
good situation of human rights is also a positive indication that the government, who is in-
charge of enforcing and always takes the people’s welfare as an adherence to the principle
of parens patriae, is accomplishing something good for the people who, in the first place,
had offered them a seat at the table.

When it comes to human rights, not only the right of people to life is being protected.
But all of the rights that comes with being a member of the Homo sapiens species. Human
rights have four (4) generations, first, is the “blue rights” of the Civil and Political Rights,
second, is related to equity, they are the “red rights” or the Economic, Social and Cultural
Rights, third, is the “green rights” which is the Developmental Rights, and lastly, fourth is
the Digital Rights.

Extrajudicial Killings and the War on Drugs

Since his campaign for the May 2016 Presidential Elections, the now, President of
the Philippines, President Rodrigo Duterte promised to free the Philippines from drugs with
6 months following his election. From July 2016 through the end of October 2017, 3,967
“drug personalities” died in connection with the Oplan Tokhang Operations 2. The
President’s mission to free the country from the dangers of illegal drugs deserves
commendation, the number of victims of extrajudicial killings is alarming. According to
Section 1, Article III of the 1987 Constitution, “No person shall be deprived of life, liberty

11
11 Top Quotes on Human Rights. (2018, November 16). Retrieved from https://unfoundation.org/blog/post/11-top-
quotes-on-human-rights/ on December 4, 2018.
2
Philippines 2017 Human Rights Report. Retrieved from https://www.state.gov/documents/organization/277355.pdf
on December 4, 2018.
and property without due process of law…”. Those victims of extrajudicial killings should
have been presumed innocent until proven that they are guilty of such crime of offense.

Human Rights and other Crimes in the Philippines

According to the Philippine Statistics Authority, in their Philippines in Figures
Report for 20183, from the year 2014 to 2016 the number of reported crimes in the
Philippines decreased from 714, 632 to 584, 733. Incidents of rape decreased by 23.96%
(from 9,204 to 6,999). Reported cases of robbery dropped by 27.52% 9from 18,071to 13,
908). Incidents of physical injury also decreased by 26.37%. Most of the reported crimes
decreased from 2014 to 2016, but surprisingly, cases of homicide increased by 1.64% (from
2,444 to 2,484).

Regardless of the slight increase in cases of homicide, the decrease of reported

crimes here in the Philippines is a positive sign that law enforcement officers are doing
their job, to ensure the safety of the people and the implementation of penal laws, whether
provided for by the provisions of Book II of the Revised Penal Code or by Special Penal
laws are being properly observed.

Decrease in crime rates is also a sign that the public recognizes each other’s right to
life, liberty and property. Acknowledging the rights of those who are around you is a sign
that human rights is guarded and being closely monitored by those who are tasked to ensure
that every Filipino enjoys his/her constitutional right to life, liberty and property.

Child Labor
The law does not allow children younger than the age of 15, except under the direct
and sole responsibility of their parents or guardians and sets the maximum number of
working hours for them at 4 hours per day and no more than 20 hours per week. Children
in the age of 15 and 17 are restricted to eight working hours a day and not more than 40
hours a week. The law prevents the employment of persons younger than 18 in hazardous
work, like mining and construction. The minimum age for domestic workers is 15.

Despite all the efforts of the Government, child labor has remained a common
problem. Numerous of cases were reported to the Department of Labor centered in the

3
Philippines in Figures 2018. (2018 June). Retrieved from https://psa.gov.ph/sites/default/files/PIF%202018.pdf on
December 4, 2018.
service and agricultural sectors, such as: gold mining, domestic service, fishing, palm oil,
tubahan (sugar cane plantations), garbage scavenging and even drug trafficking

Child labor in hazardous environments are one of the indications that Philippines
still has to implement harsher rules and regulations when it comes to child labor, and also
provide families with additional financial assistance in order for them to afford their daily
expenses.

Mental Health Law and other Health Services Provided by the Government
The President signed Republic Act 11036, which is commonly known as “The
Philippine Mental Health Law”. A healthy mind makes a citizen of any country function
properly and becomes an industrious member of the society. A Filipino who has healthy
mind can cooperate and contribute something to the society. It is important that the
government focus on the health of the people. Health is wealth and a society will cease to
exist if there will be no healthy Filipinos who the Government can count on. Republic Act
11036 secures among others, the rights and welfare of Filipinos with mental health needs.
It (RA 11036) paves the way to total integration of mental health in the Philippines. The
Mental Health Law is the very first legislation that was writer specially to protect the rights
as well as the welfare of Filipinos. It focuses on integration of mental health in both national
school curricula and countrywide workplace regulations.

Realizing that the citizens of the country needs more than physical health assistance
is one step closer to a healthier and peaceful country and two steps closer to improving the
status of human rights in the Philippines.

Philippine health authorities are now focusing on the United Nation’s Sustainable
Development Goal no. 3 which is good health and well-being. The authorities’ aim is to
ensure that even the poorest Filipinos have access to affordable and effective health care.4

Illegal Detention
In April, the Philippine Commission on Human Rights raised the discovery of a
secret detention cell found in Manila. The Philippine Commission on human Rights also

4
Philippine government expands health care coverage. (2017, July 24). Retrieved from
https://oxfordbusinessgroup.com/overview/check-new-administration-building-progress-made-last-decade-and-
expanding-coverage on December 5, 2018.
alleged that torture and ill-treatment was being conducted there. The Philippine CHR filed
an action for investigation to the Office of the Ombudsman.

At the Manila Police District in Tondo in April, Commission on Human Rights

discovered that 12 individuals where secretly detained in a room behind a book shelf od
the building. Several detainees stated that they were subjected to different kinds of torture
including but not limited to, deprivation of food and water, sanitation and physical
violence. Moreover, the detainees admitted that the police tried to extort money from them
in exchange of their liberty.

The 1987 Constitution, guarantees that no person shall be deprived of their life,
liberty and property without due process of law. And the detainees where deprie

Condition of Prisons and Detention Centers

The condition of the prisons is potentially life threatening and, in some cases,
includes gross overcrowding, inadequate sanitary conditions and medical care, food
shortages and physical abuse. 5 Dirty tap water, dingy toilets, substandard meals, gang war,
poorly trained guards and prison administrators, favoritism and the system is built for
punishment not rehabilitation are some of the many problems in the detention centers. 6
Also, over congestion brutalizes life in penitentiaries and in provincial jails. Prison should
serve as a rehabilitation center for the prisoners, but the facilities are not capable of giving
them that. The Government should strive to pay more attention to this issue because,
whatever the crime they committed, those prisoners are still humans and their basic human
rights should be granted to them.

Education and Literacy

In 2013, the Philippine Government made a major reform in the education system
of the country. The K-12 program was born. It is a program that will extend the country’s
former 10-year education cycle to 12 years. There were qualitative improvements and

5
Philippines 2017 Human Rights Report. Retrieved from https://www.state.gov/documents/organization/277355.pdf
on December 4, 2018.
6
The Condition of Philippine Prisons and Jails. Retrieved from
https://www.preda.org/media/research-documents/the-condition-of-philippine-prisons-and-jails/
on December 4, 2018.
achievements in the Philippine education system despite some difficulties. Schools are not
ready to accommodate the increase in their population and books are not yet published. But
the noble thing about the K-12 Program is that it engages the students more in outside-the-
classroom activities, like students are given the opportunity to be exposed in some fields
that they might be interested in. Students are given more projects to the that will exhibit
their talents and skills. K-12 is basically an outcome-based education. Gone are the days
where the teacher is the only one doing the teaching, students are encouraged to participate
more in class by reporting certain topics and be able to teach their classmates what they
understand about the certain topic.

A good and functional education system is a sign that the State acknowledges the
right to education and the need to equip its citizen the knowledge that they need in order
for them to function and contribute well to the society.

Sexual Orientation and Gender Identity or Expression Equality Bill

The SOGIE Equality Bill, also known as the Anti-Discrimination Bill, is a proposed
legislation that is intended to prevent some numerous economic and public
accommodation-related acts of discrimination against people based on their gender
identity. Tis does not affect the religious beliefs and does not oppress other people’s rights
as it is an anti-oppression bill and it does not legalize same-sex marriage. The bill is meant
to fulfill the rights set forth in the Philippine Constitution. The bill also recognizes the duty
of the Philippines under the international law, specifically speaking, the Universal
Declaration of Human Rights and the International Covenant on Civil and Political Right.7

The bill is preventive in character. It seeks to include SOGIE concerns in all police
stations and asks the renaming of the Women and Children’s Desks to Women, Children,
and LGBTQ++ Protection Desk and also by the training the police officers for the
imposition of human rights.8

Employment Rate

7
Deslate, M. F. (2018, October 09). The SOGIE Equality Bill. Retrieved from
https://divinalaw.com/sogie-equality-bill/
8
Deslate, M. F. (2018, October 09). The SOGIE Equality Bill. Retrieved from
https://divinalaw.com/sogie-equality-bill/
 According to the Philippine Statistics Authority, the employment rate in the
Philippines increased bb 1.3% from January 2017 to January 2018 (from 93.4% to 94.7%) 9.
The Philippines made 1,483 more jobs available for Filipinos who are in need of source of
income in order for them to provide for their families. The creation of more jobs means
that the economy of the State is getting better. The more jobs are created the more the
people will be able to provide for their families and pay taxes that is the source of funds of
the Government. And the taxes collected form the employees will be given back to them
in other forms. Such as free education in all state universities, health care assistance and it
is from the taxes of the people where the Government the fund to spend money on
infrastructures and create more jobs. In other words, the higher the employment rate, the
higher the tax that is being collected. And the higher the tax that is being collected the
higher the funds of the Government, which in return will be put into different projects.

Reintroduction of Death Penalty

The move to reintroduce the death penalty in the Philippines is a bold move for the
current government. It’s been years since the country witnessed the Supreme Court to
impose the death penalty. There are great debates on whether death penalty should be
revived or reintroduced in the country.

One of the reasons why the President want to reintroduce the death penalty is too
cause horror to those who are planning to do something horrendous. Many organizations
and also world leaders called the Philippine government on its advocacy to reintroduce the
death penalty.

Children’s rights
President Duterte vowed to lower the minimum age of criminal responsibility. 10
This proposal of the President generated wide condemnation from some of the children’s
rights organizations and the UN. Currently the rules on age of criminal responsibility are:
(1) an accused is 15 years or under, is exempted from criminal responsibility, (2) an
accused who is 15 to 18 years old, who acted without discernment is also not criminally

9
P. (2018, March 07). Employment Rate in January 2018 is Estimated at 94.7 Percent. Retrieved
from https://psa.gov.ph/content/employment-rate-january-2018-estimated-947-percent
10
PHILIPPINES 2017/2018. (n.d.). Retrieved from https://www.amnesty.org/en/countries/asia-
and-the-pacific/philippines/report-philippines/
responsible, and lastly, (3) an accused who at the time of the commission of the crime is at
the age of 15 to 18 years old and he or she acted with discernment, he or she will be
prosecuted but there will be the appreciation of minority, which means that his or her
sentence will be a degree or degrees lower than the penalty actually imposed to the crime
committed.

An average of 10, 515 children were arrested every year11, according to the report
of the Department of Social Welfare and Development. And they are all sent to local
government unit establishment just like “house of hope” or Bahay Pag-asa for them to
undergo rehabilitation, diversion, and intervention. So much of a child’s life is being taken
away by the crimes that he or she had committed whether he or she acted with or without
discernment. And one of the reasons why children nowadays, are more likely to be
involved in crimes is poverty. Their family and their environment. A child who has enough
food on the table, enough money in his pockets, a loving family and the proper education
will less likely to commit crime because he or she will not think to take away something
from another that he or she already has or he or she has more than the things that the
supposed to be victim owns. Poverty is a factor because, children who does not have
enough will most likely be from squatters’ areas and also exposed to crimes such as petty
theft and violence. Poverty and environment actually are two factors that are intertwined
with each other. Because the kind of environment that the child has reflects the state of the
area that he lives in. Also, children are being used today by syndicates. Children becomes
their runner or the actual doer of the crime because the syndicate heads know that they
cannot be prosecuted and or sent to jail because if the prevailing law on the criminal
liability of minors. Children are being used and exposed also to the use of illegal drugs.
The President has a point on wanting to lower the age of criminal responsibility, so that
those who desires to take advantage of the youth will not be able to do so.

Sexual and Reproductive Rights

In January (2018), President Duterte signed an Executive Order that will strengthen
the implementation of the Reproductive Health Act of 2012. The said act promised to
provide greater access to family planning and birth control services. Said act promotes
responsible parenting and aims to minimize the population growth and therefore, minimize
poverty in the country.

11
Elemia, C. (n.d.). Beyond juvenile delinquency: Why children break the law. Retrieved from
https://www.rappler.com/newsbreak/in-depth/151423-why-children-break-law-juvenile-justice
Conclusion
The Philippines is a free country. The Filipinos enjoy freedom and enjoy the benefits
of their Human Rights, especially their civil and political rights. In the current year, 2018
the Philippine government have done different programs that will benefit the its people. It
ensured that important things are given close consideration, like mental health. In ensuring
that the citizens are being secured of their human rights, the 3 branches of the Government
each plays a vital role. First, the Legislative which drafts the laws and passes the same into
the President, which will approve the bill and pass it into a law. The President after the
approval of the bill, implements the same, the President’s role is to make sure that the
Statute is properly implemented. The Judiciary, interprets the law that was drafted by
Congress and signed, approved and implemented by the President. The absence of a branch
will deny and individual the complete enjoyment of his constitutional rights.

When it comes to giving importance to the human rights of the people, especially
the civil and political rights, the Philippine government is not depriving the people of
anything, because there are laws to protect such rights in the first place. The government
is exhausting all the possible remedies in order to ensure that people are satisfied by the
public service that they are providing. What the government really need to do is to become
a sterner enforcer of the laws, and focus on the more pressing issues, nowadays like the
significant increase in the numbers of suicide victims and other mental health issues, drug
trafficking and educational problems, like the shortage in classrooms for the students of
the K-12 program. More projects should reach the most remote part of the country to
benefit our brothers and sisters who do not have access to any of the programs. Special
programs for the special needs of each vulnerable group should be made and be enforced
by the government, in order to increase the citizen’s participation in helping the
government see what is still lacking in the promotion of human rights. For example, more
support groups for people battling mental health issues should be arranged by the
Department of Health who is in-charge of the implementation of the newly-enacted
Republic Act no. 11036, also known as the Mental Health Law.

The Philippines is a developing country, and alongside it’s economic development,

the rights of its citizens should develop too. The role of the Government to elevate the
quality of laws enforced and being enjoyed by the Filipinos is one of the duties the
Government owes to the people. Because, after all, the people are the one who put them in
office.