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Following the completion of the reform of the Charter-based INTERNATIONAL CRIMINAL TRIBUNAL FOR THE

Charter-based bodies
human rights bodies and the establishment of the Human FORMER YUGOSLAVIA – a UN court of law dealing with war
Rights Council, focus shifted to the reform of the treaty- crimes that took place during the conflicts in the Balkan’s in
bodies. On 9 April 2014, the General Assembly adopted a the 1990s.
 Derive their establishment from provisions resolution on "Strengthening and enhancing the effective
contained in the Charter of the United Nations functioning of the human rights treaty body system"
 Hold broad human rights mandates (A/RES/68/268). SPECIAL COURT FOR SIERRA LEONE - Was set up jointly
 Address an unlimited audience The Secretary-General issues a "Compilation of guidelines on by the Government of Sierra Leone and the United Nations to
try those who bear the greatest responsibility for serious
 Take action based on majority voting
the form and content of reports to be submitted by States
parties to the international human rights treaties" violations of international humanitarian law and Sierra
(HRI/GEN/2/Rev.6). This document provides details on the Leonean law committed in the territory of Sierra Leone since
reporting requirements, including the core document, and 30 November 1996.
The Human Rights Council and its predecessor, the
Commission on Human Rights, are called "Charter-based" as treaty-specific documents.
they were established by resolutions of principal organs of the The Committees may also issue general comments on EXTRAORDINARY CHAMBERS IN THE COURTS OF
UN whose authority flows from the UN Charter. thematic issues. These have been issued in "International CAMBODIA - Established by the Cambodian National
The current Charter-based bodies are the Human Rights human rights instruments: Compilation of General Comments Assembly and the United Nations in 2001 to try serious
Council and its subsidiaries, including the Universal Periodic and General Recommendations adopted by human rights crimes committed during the Khmer Rouge regime, 1975-
Review Working Group and the Advisory Committee. treaty bodies" (HRI/GEN/1/Rev.9 Vol.I and Vol.II). 1979.
Previously, the Charter-based bodies were the Commission In addition to the Committees composed of experts, there are
on Human Rights and its subsidiaries, including the also Meetings of the States parties for the human rights
conventions. SPECIAL TRIBUNAL FOR LEBANON - Mandated to try
Subcommission on the Promotion and Protection of Human
people accused of carrying out the attack of 14 February
Rights.
2005, which killed 23 people including the former prime
The Special Procedures, such as Special Rapporteurs, have INTERNATIONAL TRIBUNALS ON HUMAN RIGHTS minister of Lebanon, Rafiq Hariri.
carried on their work since 1947, reporting first to the
Commission, then to the Council.
During its 60th session, the General Assembly adopted the INTERNATIONAL COURT OF JUSTICE – the principal RA 10368 – Recognition of Human Rights Victims during the
World Summit Outcome, resolution 60/1 of September 2005, judicial organ of the UN. Adjudicates between member states
Marcos Era
which called, inter alia, for strengthening of the UN's human of the UN and issues advisory opinions when requested to do
rights mechanisms. This led to the establishment, later in the so. Its legal opinions are binding.
session, of the Human Rights Council. Sec. 2 - the State values the dignity of every human, person and
guarantees full respect for human rights.
INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA -
Treaty-based bodies an intergovernmental organization created by the mandate of Section 2 of Article II of the Constitution adopting generally
the Third United Nations Conference on the Law of the Sea. It accepted principles of international law as part of the law of the
was established by the United Nations Convention on the Law land, the Philippines adheres to international human rights laws
 Derive their existence from provisions contained of the Sea, signed at Montego Bay, Jamaica, on December and conventions, the Universal Declaration of Human Rights,
in a specific legal instrument; 10, 1982. The Convention entered into force on November
16, 1994, and established an international framework for law
 Hold more narrow mandates: the set of issues over "all ocean space, its uses and resources". The tribunal is Monetary Reparation for the actual victim or successors in
codified in the legal instrument; based in Hamburg, Germany. The Convention also interest.
 Address a limited audience: only those countries established the International Seabed Authority, with
that have ratified the legal instrument; and responsibility for the regulation of seabed mining beyond the Non monetary in the form via services from the DOH CHED
limits of national jurisdiction, that is beyond the limits of the
 Base their decision-making on consensus. territorial sea, the contiguous zone and the continental shelf.
DSWD TESDA.

There are currently 167 signatories, 166 states plus


the European Union. THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD
Nine UN human rights conventions have monitoring bodies to
oversee the implementation of the treaty provisions. The
treaty bodies are composed of independent experts and meet  9 members
to consider State parties' reports as well as individual INTERNATIONAL CRIMINAL COURT – first treaty-based
international criminal court established to help end impunity  Known probity, competence, integrity
complaints or communications. They may also publish
for the perpetrators of the most serious crimes of concern to  Deep thorough understanding of HR
general comments on human rights topics related to the
the international community.  At least 3 BAR members; 10 yrs engaged in
treaties they oversee. The treaty-based bodies tend to follow
practice
similar patterns of documentation.
 Attached but not under the CHR
 Divided into 3 divisions In the absence docs: testimony of the child, other persons,
physical appearance.

CLAIMANTS, REPARATION AND RECOGNITION


In case of doubt: will be resolved in favor of the child.

Any person who is an HRVV may file a claim


UN CONVENTION ON THE RIGHTS OF A CHILD:

Section 19. Determination of Award. — (a) The Board shall


follow the point system in the determination of the award. The 4 Categories of Rights:
range shall be one (1) to ten (10) points, as follows:
 Survival Rights
(1) Victims who died or who disappeared and are  Development Rights
still missing shall be given ten (10) points;  Protection Rights
 Participation Rights

(2) Victims who were tortured and/or raped or


sexually abused shall he given six (6) to nine (9) Article 40 of UNCCR
points:
 Right of CICL to legal help and fair treatment in
justice system that respects their rights
(3) Victims who were detained shall be given
 To set a minimum age below which children
three (3) to five (5) points; and
cannot be held criminally responsible
 To provide the minimum guarantees for the
fairness and quick resolution of judicial or
(4) Victims whose rights were violated under
alternative proceedings
Section 3, paragraph (b), nos. (4), (5) and (6)
under this Act shall be given one (1) to two (2)
points.

RA 9344 – JJWA (2006)

CICL – refers to a child who is alleged as, accused of, or adjudged


as, having committed an offense under the Philippine laws.

 Enjoys the presumption of minority until proven to be


18 yo or older

CRIMINAL RESPONSIBILITY

15 and below – exempt – intervention program

Above 15 but below 18 no discernment – exempt – intervention

Above 15 but below 18 w/ discernment – not exempt (subject to


appropriate proceedings)

Determine age:

1. Birth certificate
2. Baptismal certificate
3. Any other pertinent documents