HUMAN RIGHTS & UNCRC

I. Introduction to Human Rights

A. Human Rights and Basic Principles

* Human Rights – foundation of dignity in life

- birth rights (every human being is entitled to it)
- serve as standards/guideposts of states on how to conduct themselves when relating to their citizens
- for the UN International Covenants and Declarations: are inherent in nature without which we cannot live as human beings
- for the Commission on Human Rights: the Supreme inherent and inalienable rights to life, dignity and to self development
- inalienable and inviolable rights of all members of the human family and constitutes an obligation for the members of the
international community

* Characteristics of Human Rights:

 inherent  subject to limitations
 universal  some may and may not be waived
 indivisible

* Other Characteristics of Human Rights:

 attention to vulnerable groups  independence of the judiciary
 empowerment  legislative capacity
 accountability  people’s participation
 good governance  transparency

* 4 Classifications of Human Rights: (based on)

 source  natural; constitutional; statutory
 recipient  individual; collective
 aspects of life  civil rights; political rights; economic & social rights; cultural rights
 derogability  derogable; non-derogable

* Duty Bearers and Rights Holders:

 rights holders  citizens; individuals
 duty bearers  primary – state actor; secondary – non-state actor

* Nature of State Obligations:

 minimum core obligations
 obligations of conduct: respect  requires action reasonably calculated to realize the enjoyment of a particular right
 obligations of result: protect, provide and fulfill  requires the State to achieve specific targets to satisfy detailed substantive
standard

* Levels of State Obligations:

1. Obligation to Respect
 requires the State to abstain from doing anything that encroaches or infringes on the individual’s freedom and rights
 non-interference
 duty to create proper environment
 immediate
 unconditional

2. Obligation to Protect
 compels the State to take steps to prohibit others from violating recognized rights and freedoms
 no measures which erode status of rights
 act to preclude further deprivation
 active measures to realize rights
rd
 prevent violations by 3 parties

3. Obligation to Fulfill
 requires the State to take appropriate legislative, administrative, budgetary, judicial, and other measures towards the full
realization of human rights

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 - 2 dimensions:
o Obligation to Facilitate or Promote  The State should remove the hindrances, which hinder disadvantage groups to
enjoy opportunities that are available to others. It should take the necessary measures to “facilitate” as much as
possible the exercise of rights by individuals, by guaranteeing real opportunities for people to exercise their rights
fully. Obliging the State to accept appropriate legislative measures towards the full enjoyment of rights by all.
o Obligation to Provide  The State has the obligation to directly provide the rights in questions when individuals or
groups are unable to realize their rights by the means at their disposal, for reasons beyond their control.

* Duties of Individuals to Exercise Responsibly

- This pertains to duty of individuals to act responsibly so as not to exceed the limits of the rights.

* Sources of Human Rights Law

 Universal Declaration of Human Rights (UDHR) 1948
 International Covenants on Human Rights (1976)
o International Covenant on Civil and Political Rights (ICCPR)
o International Covenant on Economic, Social and Cultural Rights (ICESCR)
 Other Human Rights Instruments
o Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
o Convention on the Rights of Migrant Workers and Their Families
o Convention on the Elimination of Racial Discrimination (CERD)
o Convention Against Torture (CAT)
o Convention on the Rights of the Child
 1987 Philippine Constitution
o Article III Bill of Rights
o Article XII National Economy
o Article XIII Social Justice and Human Rights

 National Laws
o Anti-Torture Act of 2009
o Relevant Provisions of RPC
o Relevant Provisions of the Civil Code

B. International Instruments on Human Rights

* Why do we have international instruments?

- standardization
- check and balance for all the states

* Different Kinds of Human Rights: (International Covenants)

 Civil and Political Rights  every human being is equal
 Economic, Social and Cultural Rights  still demandable but depends from state to state

* Universal Declaration of Human Rights

- enacted on 1948
- contained the rights of 2 international covenants
- already binding
 Art. 1 – Equality
 Art. 2 – Non-discrimination
 Art. 4-21 – Civil and Political Rights (no interference from the state)
 Art. 23-27 – Economic, Social and Cultural Rights (the state should take efforts)
 Art. 28-30 – concluding to articles; and international order

* Human Rights – applicable if there is war or even if there is no war

* Humanitarian Law – applicable only if there is war

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 Other Treaties/Conventions:

* Convention on the Elimination of Discrimination against Women (CEDAW)

- means any distinction, exclusion, or restriction made on the basis of sex which has the effect or purpose of impairing or nullify in the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil and any other field.

State Obligations:
- ensure rights in equal terms with men in:
(1) political and public life
(2) to acquire, change or retain their nationality and with respect to the nationality of their children
(3) field of education
(4) field of employment
(5) field of health care
(6) other areas of economic against rural women
(7) legal capacity
(8) freedom of movement
(9) all matters relating to marriage and family relations

* Convention on the Rights of Migrant Workers and Their Families

- adopted by the UN Assembly in 1990, entered into force on 2003
- signed by the Philippines on November 15, 1993
- 44 ratifications
- emphasizes on non-discrimination of migrant worker and families

* Convention on the Elimination of Racial Discrimination (CERD)

- shall mean any distinction, exclusion, restriction or preference based on race, color, ethics, etc.

* Convention Against Torture (CAT)

- convention against torture and other cruel, inhuman or degrading treatment or punishment

* Convention on the Rights of Persons with Disabilities

- to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all person with
disabilities, and to promote respect for their inherent dignity
- reasonable accommodation is need
- non-discrimination of persons with disabilities

Remedies for violations:

1. Reporting and monitoring procedure
- through the committees
- regular reporting to UN  concerned committee
 report alternative or supplemental (non-state)
 state party (session)
 concluding observations
2. Individual Complaints Mechanism
- communications procedure
- inquiry procedure
3. Charter Based Mechanism
- thru HR Council
- Thematic Special Procedure through special rapporters
- working groups
4. International Criminal Court
- war crimes
- genocide

* International Humanitarian Law (IHL)

- armed conflict war
- more “humane” war
- 4 Geneva Conventions
- Hague
- R.A. 9851 IHL Law (National Law)

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 International Humanitarian Law (IHL) Human Rights (HR)
- same objective (protect live, dignity, etc.) - same objective
- armed conflict - all times (war & peace)
- no derogations - some may be derogated in times of emergency
- protect certain people - applies to all
- applies to states in AC

II. The UN Convention on the Rights of the Child

4 Categories:
 Survival Rights
 Protection Rights
 Development Rights
 Participation Rights

REPUBLIC ACT 7610

Child abuse:
 Sexual
 Physical
 Psychological
o verbal; deeds
o emotional
o neglect

Child Prostitution – a child having sexual relation with another person for money, profit and other considerations
 child prostitution  a child, male or female can be considered as a victim
 child sexual abuse

Perpetrators; can be criminally liable for child prostitution:

 Recruiter child  Manager/Owner
 Pimps  Client/Customer

Highlights of R.A. No. 7610:

 Pedophilia  Obscene publication and indecent shows
 Who are liable  Working children
 Attempt to commit child prostitution  Children of indigenous cultural communities
 Child trafficking  Children in situations of armed conflict
 Attempt to commit child trafficking  Reporting (to DSWD, police, NBI, BCPC etc.)

Highlights of Anti-Rape Law:

 Rape: a crime against persons

Highlights of Anti-Sexual Harassment:

 Work or training-related sexual harassment

REPUBLIC ACT 9208

Republic Act 9208  Trafficking  Prostitution; Pornography

1. Acts  recruitment, transport, transfer, harboring, receipt

2. Means  coercion, threat, deceit, intimidation, fraud, taking advantage of vulnerability, giving/receiving of payment to a person having
control of another person
3. Purpose  exploitation  sexual exploitation, forced labor, sale of organs, armed conflict

Acts which are punished:

 Qualified Trafficking  life imprisonment; P2 to 5 million
 Acts of Trafficking  20 years; P1 to 2 million
 Acts that promote Trafficking  15 years; P500k to P1 million

* IACAT – Inter-Agency Council against Trafficking

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