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Basic Human Rights and Rights of Special Sectors

Basic Human Rights Concept What are Human Rights? Human Rights are generally defined as those rights which are inherent in our nature and without which we cannot live as human beings. (United Nations) Human Rights are the supreme inherent and inalienable rights to life, to dignity and to self-development. It is the essence of this rights that makes man human. (CHR) Rights of Special Sectors Special Sectors Children Youth Women Indigenous People Workers/Labor Persons Deprived of Liberty Internally Displaced Persons Migrant Workers Muslim Persons With Disability Mentally Disabled Elderly Rights of a Child Who is a child? Child - is a person below eighteen (18) year of age; or - Those over eighteen (18) years but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition Rights of a Child Right to equality, regardless of race, color, religion, sex and nationality Right to a name and nationality

Right to grow up in a family environment Right to adequate means of survival, food clothing, shelter and medical care Right to free education, play and recreation Right to express her/his views Right to immediate aid in the event of disaster and emergencies Protection from cruelty, neglect and all forms of exploitation Protection from persecution and to an upbringing in the spirit of worldwide brotherhood and peace

Existing Measures Promoting and Protecting Child Rights Signing by the Philippine Government of the Convention on the Rights of the Child and other treaties on childrens rights Enactment by Congress of RA 7610 which provides for stronger deterrence and special protection against child abuse, exploitation, discrimination and providing penalties for such violations Existing Measures Promoting and Protecting Child Rights Enactment by Congress of RA 9344-Juvenile Justice Welfare Act and Enactment by Congress of RA 9775- Anti-Child Pornography Law Proclamation of National Childrens Month (October) Existing Measures Promoting and Protecting Child Rights To protect Children in Especially Difficult Circumstances (CEDC), the GOIs and NGOs initiatives resulted in the following developments:

Creation of Child Rights Center under the Commission on Human Rights Creation of Child and Youth Relations Sections in Selected Police Stations
Existing Measures Promoting and Protecting Child Rights

Setting up of social workers desks in international airports in the country to

prevent child trafficking and illegal transfer of children

Establishment of Sagip Batang Manggagawa Organization of Barangay Council for the Protection of Children and Bantay
Bata Hotline to speed up reporting and action on child abuse

Rights of the Youth YOUTH a person belonging to the 15-30 range RIGHTS:

Right to equality Right to education Right to organize

Rights of the Youth Right to participate in youth programs and policy development Right to actively participate in the task of nation-building

Right to be brought up in the spirit of peace , justice, freedom, mutual respect and understanding Existing Measures Promoting and Protecting Rights of the Youth Enactment by Congress of laws concerning protection of youth Establishment of implementing and coordinating mechanism between schools and law enforcement bodies through which the Anti-Hazing Law would be better implemented Rights of Women

Right to own property Right to live with dignity Freedom from fear and violence Freedom from exploitation and abuse Right to vote, hold public office and exercise functions established under national laws Right to participate in the formulation of national public policy and perform public functions at all levels of government Right to equal treatment before the law Right to work, choose employment and equal remuneration

Reproductive right and freedom to decide the number and gap of bearing children Right to nationality Protection from suffering heavy losses, repression and cruel treatment during armed conflict situation and ravages of war

Existing Measures Promoting and Protecting Rights of Women Ratification of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Passage of laws that deal with issues concerning women e.g. RA 9262 VAWC, Magna Carta for Women, RA 9208 (Anti-Trafficking in Persons Act) Existing Measures Promoting and Protecting Rights of Women Establishment of the National Commission for Women Setting up of Womens desks in police stations and government offices Setting up of centers for abused women

Rights of the Indigenous People Who are Indigenous People? Indigenous People are the descendants of the original inhabitants of many lands, strikingly varied in their cultures, religions and patterns of social and economic organizations. -they constitute a historical phenomenon whose development dates back to the Spanish colonial government in the Philippines Rights of the Indigenous People

Right to be free and equal to other individuals Right to self-determination Right to ancestral domain Right to maintain their distinct identities and characteristics

Existing Measures Promoting and Protecting Indigenous Peoples Rights Employment of IPs as forest guards

Appointment of IP representative in Congress Creation of state universities in some indigenous cultural communities Establishment of administrative offices, i.e. Office of Southern Cultural Communities (OSCC) and Office of Northern Cultural Communities Establishment of Autonomous Region of Muslim Mindanao and the Cordillera Administrative Region Passage of Indigenous Peoples Right Act (IPRA Law)

- Establishment of National Commission for Indigenous People

Right to equal remuneration (equal pay for equal work) Right to collective bargaining Right to form and join trade unions Right to strike Right to paid leave Right to fair remuneration Right to limited working hours Right to weekly rest periods Right to advance notice of dismissal Right to equal opportunity for promotion, safe and healthy working conditions

Rights of Workers/Labor Sector

Rights of Persons Deprived of Liberty An individual, though in prison does not lose his inherent right to dignity and his other human rights regardless of what he or she may have done or whatever political convictions he may have Right to be free from personal abuse and right to be protected against the following:

Any deprivation of his basic needs under normal situation Corporal punishment

Use of physical force Solitary confinement or segregation as punitive measures

Rights of Persons Deprived of Liberty Right to Good Conduct Time Allowance (GCTA) for good behavior Right to exercise his /her religious beliefs Right to have access to the following as far as practicable: Medicine and health services Rehabilitation program Visitation (conjugal) and mail services Free legal service and materials

Right to air grievances and complaints through proper authorities Right of women offenders to be personally attended/supervised by women
officers, without prejudice to male doctors, nurses and social welfare officers from carrying out their professional duties in the institution for women

Right of foreign nationals to communicate with their diplomatic and

consular representatives Existing Measures Promoting and Protecting the Rights of Persons Deprived of Liberty

Upgrading prison facilities Strengthening of rehabilitation strategies Decongestion of prisons/jails Passage of RA 6975, DILG Act of 1990 which provided for the creation of Bureau of Jail Management and Penology (BJMP) Creation of Assistance and Visitorial Services by the Commission on Human Rights to monitor jails and detention centers in the country RA 9745 An Act Penalizing Torture, Cruel and other Degrading Treatment or Punishment

Internally Displaced Persons (IDP) Internally Displaced Persons are individuals who were forced to leave their homes because of direct or indirect consequences of natural or manmade disasters but remain inside the country. Rights of Internally Displaced Persons (IDP)

Right to resettlement / relocation Existing Measures Promoting and Protecting the Rights of Internally Displaced Persons

Right to be provided with basic needs and services of an evacuation center Right to be free from maltreatment and exploitation Right to be provided with effective machineries to ensure protection

Provision of subsidy to LGU by DSWD to support the needs of disaster


Rehabilitation program by NGOs for victims of natural or manmade


Provision of resettlement sites Holding of Summit/Conference on Peace and Order to enhance criminal
justice administration and value formation to reduce displacement caused by armed conflict Rights of Migrant Workers

Right to decent and living wages and human conditions of work Right to full protection for labor and equal employment opportunities Right to redress grievances Right to free exercise of religious beliefs Right to have free access to the courts and quasi-judicial bodies and legal assistance Right to have access to information specifically on matters of workers concerns Right to travel


Right to occupational health and safety from work hazards Right to possess ones passport and other travel documents

Existing Measures Promoting and Protecting the Rights of Migrant Workers

Enactment of RA 8042 or the Migrant Workers and Overseas Filipino Act of Improvement and strengthening of the services of OWWA Active participation of NGOs in anti-illegal recruitment campaign Preventive approach such as information, education e.g. conduct of preemployment orientation seminar

Remedial approach such as counting legal assistance to victims of illegal

recruitment Rights of Muslim

Freedom to express their religious belief Freedom to wear the proper islamic attire in schools and workplaces Right to organization Freedom to express their faith Right to be given equal opportunities for employment Respect for their mosques and other places of worship and practices Right to their ancestral domain Right to be represented in various organizations Right to protection of their honor Right to preserve the sanctity and security of their private lives Freedom of conscience and conviction

Existing Measures Promoting and Protecting the Rights of Muslims

Provision of safeguards in the Constitution in relation to Muslim


Creation of Office on Muslim Affairs National recognition and observance of Muslim Holiday-establishment of
the Mindanao State University aimed primarily at integrating the Muslim community into societys mainstream Persons with Disabilities Person With Disabilities refer to any individual unable to ensure to himself or herself, wholly or partly, the necessities of a normal individual and/or social life a result of an impairment, either congenital or not , in his or her physical or mental capabilities. They comprise the orthopedically handicapped, visual or hearing impaired, mentally ill and retarded, the multi-handicapped and those with general learning disabilities. Rights of Persons With Disabilities

Right to proper medical care Right to gainful employment Right to quality education, training and rehabilitation harnessing their maximum potentials Right to live with his or her family or foster parents Right to qualified guardian when required to protect his personal well being and interest. Protection from exploitation, abuse, and discrimination/degrading treatment Right to join trade union and other organizations/self-help groups Right to participate in all social recreation or recreational activities

Existing Measures Promoting and Protecting the Rights Persons With Disabilities Passage of the Magna Carta for Disabled Persons and its IRR Passage of the IRR of the White Cane Act Monitor the implementation of the Accessibility Law Provision of Special Education Services

Provide health care programs for the prevention of disability Oplan Alis-Disease Live Community-Based Rehabilitation (CBR)

Rights of Mentally Disabled Persons Right to appropriate and adequate medical care Right to be informed of his/her illness Right to confidentiality Right to privacy Right to have access to ones medical records Right to evaluation regarding competency Right to protection from treatment procedures Right to have a legal custodian/guardian Right to be cared for by their families Right to due process Right to have legal representation

Existing Measures Promoting and Protecting the Rights Mentally Disabled Persons

Royal Decree (Spain) establishment of hospitals for the insane Administrative Code and Rules of Court Procedures for confinement and
hospitalization of person who is mentally ill

RA 7277 Magna Carta for Disabled Persons

Rights of Elderly Right to reside in their home for as long as possible Respect for their needs and limitations Right to have access to free health/medical care Right to special and appropriate care


Right to immediate aid in the event of disaster and emergencies Right to live in an environment which is safe and adaptable to personal preferences and changing capacities Right to opportunities for work or access to other income generating opportunities Right to have access to appropriate education and training program To remain integrated in the society Right to organize Right to pursue opportunities for the full development of their potentials Freedom from exploitation and physical or mental abuse

Existing Measures Promoting and Protecting the Rights of Elderly

Establishment of the National Federation of Senior Citizens of the

Philippines (NFSCAP)

Establishment of the homes for the aged in various regions Passage of RA 7432 which provides for the establishment of the Senior
Citizens Affairs in the cities and municipalities of the country

Passage of RA 7876 known as the Senior Citizens Act establishing Day Care
Centers for the Senior Citizens in every municipality and city.