PARALEJAS, Claire Anne F.

4- BSLM RIGHTS OF STATELESS PERSONS

QUIZ

The Convention applies to stateless persons under the protection of the UNHCR (United Nations High Commissioner for Refugees) but not to those under the protection of other UN Agencies. (Article 1) It does not apply to persons with rights and obligations acknowledged by their country of residence as indistinguishable from those attached to the possession of that country's nationality. It does not apply to war criminals or to the perpetrators of crimes against humanity or against peace. It does not apply to those who have demonstrated themselves to have been enemies of international peace and co-operation. Article 7

1. Contracting States shall accord to stateless persons the same treatment as is accorded to aliens generally. Article 8 The doctrine of state responsibility also applies to stateless persons in which the state may be responsible for international delinquency which causes injury to the national of another state. Such being the fact, the state will be liable for the injury of stateless persons that might arise from any international delinquency from the contracting state, generally.

2. No 'exceptional measures' to be taken against stateless persons in a Contracting State because of their former nationality. Article 9 In the treatment of stateless persons, their former nationality should be recognized in order for the agreement between contacting states to be clear and without exceptions to the laws provided in the stateless persons former state.

3. Provisional measures affecting stateless persons may be taken in time of war or grave emergency where national security is at issue. Article 10 As held by the ICJ, provisional measures are can be either a temporary restraining order or a temporary directive order, in which such can be issued in times of war or even in emergencies when the national security is at issue.

4. Forcible removal of a stateless person from territory of a Contracting State due to Second World War to count as residence in that territory. Article 11 Stateless persons gain residency on the contracting state in lieu of their forcible removal from contracting state.

5. Admonition of States to show sympathy to stateless seaman regularly engaged on ships of that State's flag. Article 12 In its obvious sense, seamen have rights in which when there is states flag on the ship, states should give them sympathy and must recognize their allegiance.

6. Personal status (eg. marital status) of a stateless person to be governed by the law of his/her domicile ahead of the law of his/her residence. Article 13 - The personal status of a person must be accorded by the laws in their resident country and not by the contracting state. 7. Rights to property to be no less than accorded to aliens generally. Article 14 Like the rights of aliens to own property, stateless persons also enjoy such right.

8. Intellectual property rights to be no less than accorded by a Contracting State to its own nationals. Article 15 Laws on intellectual property rights must be observed by the laws of the contracting state as to their own nationals.

9. Right of association to be no less than accorded by each Contracting State to aliens generally. Article 16 The right to association must be accorded by the laws of contracting state, for example, stateless persons are given the same right in forming associations.

10. Stateless persons not to be discriminated against in providing 'security for costs and eventual penalty', or otherwise by courts in Contracting States. Articles 17-19 There should be no discrimination in the penalties imposed by the courts of the contracting state.

11. Stateless persons to be treated at least as favourably as aliens generally with regard to participation in wage-earning employment. Articles 20-23

As well as in the employment, stateless persons should be given fair treatment as aliens do in earning wages.

12. Stateless persons to be treated no less favourably than nationals with respect to rationing, housing, public education, and public relief. Article 24 With regards to the welfare of the stateless persons, in providing basic needs, they are given same treatment as of the nationals of the contracting party

13. Extension of Articles 20-23 to labour legislation and social security. Article 27 The provisions on Labour is also applicable for they receive such right to earn a living in a balanced working environment

14. Upon request, Contracting States shall issue travel and identity documents to stateless persons within their territory. Article 29 As stated, it simply means that there should be records of the travels and identity of the stateless persons within the territory of the contracting states.

15. No discrimination against stateless persons in fiscal charges. Article 30 In litigations, stateless persons should not be deprived of equal protection of laws in which they should not be discriminated in pressing charges against them.

16. Stateless persons to be permitted to transfer their assets to the place of their resettlement. Article 31

17. Stateless persons not to be expelled except on grounds of national security or public order. Article 34 18. Interpretation disputes between State parties to be finally referable to the ICJ Remaining Clauses

RIGHTS OF REFUGEES Refugees also enjoy certain human rights specifically linked to their particularly vulnerable status. The Human Rights of Refugees include the following indivisible, interdependent and interrelated human rights: 1. The human right to seek and enjoy asylum from persecution.

2. The human right not to be forcibly returned to the country he or she is fleeing if such a return would pose a threat to the life, security, or freedom of the refugee. Refugees enjoy such right for their lives to be lived safely and free from harm from the country they flee.

3. The human right to freedom of movement, freedom to choose his or her residence, freedom to leave any country, including his or her own, and to return to his or her country. Just right other citizens of the world, refugees enjoy such rights in which they could choose to which country they wish to live at.

4. The human right to freedom from discrimination based on race, colour, gender, language, religion, nationality, ethnicity, or any other status Such freedom from discrimination is also a right given to refugees since such is with respect to the whole person of the refugee, affecting his/her life.

5. The human right to equal protection of the law, equal access to the courts, and freedom from arbitrary or prolonged detention. Equal protection of laws are accorded even to refugees since they deserve justice and fairness in all aspects of life, even access to courts is not denied to them..

6. The human right to a nationality. Refugees have the right to have their own nationality and not subject to the nationality of the state wherein they are residing.

7. The human right to life. This right is essential to all human beings since it is considered more than mere animal existence

8. The human right to protection from torture or ill-treatment.

9. The human right to freedom from genocide and "ethnic cleansing". Such right was given since before there were actual genocide happen and such should be prevented from happening again, to protect the lives of people and to be able to preserve their race and ethnicity.

10. The human right to an adequate standard of living, including adequate food, shelter and clothing. Basic needs should be provided even to refugees and they should not be denied of such right

11. The human right to work and to basic labor protections. They also have the right to a working condition where they can work safely and protected

12. The human right to the highest possible standard of health and to access to health care. Refugees also have the right to preserve their health and all the means to do such.

13. The human right to live in a healthy and safe environment. This right implies also a life in a preserved ecology provided to the nationals as well as to the refugees and other persons entitled to such right

14. The human right to education -- to free and compulsory elementary education, to readily available forms of secondary and higher education, and to freedom from all types of discrimination at all levels of education. The human right to protection from economic and sexual exploitation, particularly for refugee women and children. 15. The human right to participation in decision-making which affects a refugees life, family, and community. 16. The human right to sustainable development. 17. The human right to peace. A person must have peace as it is accorded to all the citizens of the world.

RIGHTS OF CITIZEN/ NATIONAL OF A GIVEN COUNTRY The National Assembly recognizes and proclaims, in the presence and under the auspices of the Supreme Being, the following rights of man and of the citizen: 1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good. There should be equality between men and women as it is being debated over the years that men should not always be favoured and as well as women, one of the exercise of this right is equal opportunities in employment.

2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression. Such rights are essential for the welfare of a person which such rights should not be denied to them and in denial of such, it can affect the person of the citizen.

3. The principle of all sovereignty resides essentially in the nation. Nobody nor individual may exercise any authority which does not proceed directly from the nation. 4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law. This is not merely being detained but the denial of exercising freewill.

5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law. In its obvious sense, the welfare of the whole society is prioritized which laws cannot be enacted which may harm the society.

6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents. The people must have the right to participate in the foundation of the laws as such is for their welfare.

7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested in virtue of the law shall submit without delay, as resistance constitutes an offense. Due process should be followed in all proceedings before the court.

8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offense. Like In the Philippine Laws, punishments are provided for every violation of a law.

9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner's person shall be severely repressed by law. Persons are presumed innocent until proven guilty in criminal proceedings.

10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the public order established by law. Religious freedom is also a right of a citizen provided that it would not violate the public order.

11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law. Freedom of expression is also a right given to person, including speech and of the press as long as it not in violation of any law and could cause trouble within the society.

12. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the good of all and not for the personal advantage of those to whom they shall be intrusted. States have military forces to protect the whole state.

13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be equitably distributed among all the citizens in proportion to their means. 14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of the taxes.

15. Society has the right to require of every public agent an account of his administration. 16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all. There is as if no constitution if there is no balance within the government and the people rendering loyalty to them; that even in the government, there should be separation of powers/

17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined, shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified. Property rights is a sacred right in which person have the right to acquire such and no hindrance to exercise it unless public necessity requires it such as Eminent Domain.