THE CIVIL AND POLITICAL RIGHTS

Definition of Civil and Political Rights: the rights which the law will enforce at the instant of individuals without
discrimination for the enjoyment of their lives, liberty and means of happiness.

Right of Self-Determination

A1. All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.

(Consti. A2,S7. The State shall pursue an independent foreign policy. In its relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity, national interest,
and the right to self-determination.)

Right to Life, Liberty, and Security

A6. Every human being has the inherent right to life. This right shall be protected by law. No
one shall be arbitrarily deprived of his life.

A9. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law.

(Consti. A3, S1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.)

Prohibition of Slavery and Involuntary Servitude

Slavery is defined as the status or condition of a person over whom any or all of the pwoers
attaching to the right of ownership are exercised.

A8. 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be
prohibited. 2. No one shall be held in servitude.

(Consti. A1, S18 (2). No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.)

Exception: on Forced Labor (legally allowed in countries where imprisonment for hard labor
may be imposed.

Torture, Cruel, Inhuman or Degrading Treatment and Punishment

A7. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment. In particular, no one shall be subjected without his free consent to medical or scientific
experimentation.

(Consti. A3, S.12(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.)
 Torture is defined as any act by which severe pain or suffering, whether physical or mental is
intentionally inflicted on a person for such purposes.

Equality before the Law

A.26. All persons are equal before the law and are entitled without any discrimination to the
equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to
all persons equal and effective protection against discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or other
status.

(Consti. A3, S1. ...nor shall any person be denied the equal protection of the laws.)

Note: all persons must be treated alike as to the rights conferred and the liabilities imposed.

Arbitrary Arrest and Detention

A.9. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest
and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or
other officer authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained
in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial
proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay on the lawfulness of his
detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable
right to compensation.

(RPC Art. 124 and 125 penalizes any act of a public officer or employee who detains any
person without legal ground.)

Right to Fair and Public Trial

A.14, S3. In the determination of any criminal charge against him, everyone shall be entitled to
the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a
language which he understands of the nature and cause of the charge against him;

(Consti. A3,S14. No person shall be held to answer for a criminal offense without due process
of law.
 In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.)

Right to Appeal One's Conviction of a Crime

A.14, S5. Everyone convicted of a crime shall have the right to his conviction and sentence
being reviewed by a higher tribunal according to law.

Note: Not expressly provided in the Constitution by it is considered as a necessary requirement

of due process.)

Double Jeopardy

A.14, S7. No one shall be liable to be tried or punished again for an offence for which he has
already been finally convicted or acquitted in accordance with the law and penal procedure of each
country.

(Consti. A3,S21. No person shall be twice put in jeopardy of punishment for the same offense.
If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.)

Prohibition Against Ex Post Facto Law

A.15, S.1. No one shall be held guilty of any criminal offence on account of any act or omission
which did not constitute a criminal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when
the criminal offence was committed. If, subsequent to the commission of the offence, provision is made
by law for the imposition of the lighter penalty, the offender shall benefit thereby.

(Consti. A3,S.22. No ex post facto law or bill of attainder shall be enacted.)

Right to Privacy

A.17, S.1. No one shall be subjected to arbitrary or unlawful interference with his privacy,
family, home or correspondence, nor to unlawful attacks on his honour and reputation.

(Consti. A3, S3.

1. The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety or order requires otherwise, as prescribed by law.
2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.)
Freedom of Movement and Choice of Domicile

A.12. 1. Everyone lawfully within the territory of a State shall, within that territory, have the
right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided
by law, are necessary to protect national security, public order (ordre public), public health or morals or
the rights and freedoms of others, and are consistent with the other rights recognized in the present
Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.

(Consti. A3, S6. The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be provided
by law.

Asylum means the granting sanctuary by State to persons policitally persecuted in his own
country.

Right to Nationality

A24 (3). Every child has the right to acquire a nationality.

Right to Marry and Found a Family

A23, S2. The right of men and women of marriageable age to marry and to found a family shall
be recognized.

(Consti. A15, S1. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development.
S2. Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the State.)

Freedom of Thought, Conscience and Religion

A18, S1. Everyone shall have the right to freedom of thought, conscience and religion. This
right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either
individually or in community with others and in public or private, to manifest his religion or belief in
worship, observance, practice and teaching.

(Consti. A3, S5. No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

A3, S18. No person shall be detained solely by reason of his political beliefs and aspirations.)

Freedom of Opinion and Expression

A19, S1. Everyone shall have the right to hold opinions without interference.

(Consti. A3, S4. No law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the government for redress of
grievances.)

Right to Peaceful Assembly for the Rederess of Grievances

A21. The right of peaceful assembly shall be recognized. No restrictions may be placed on the
exercise of this right other than those imposed in conformity with the law and which are necessary in a
democratic society in the interests of national security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the rights and freedoms of others.

(Consti. A3, S4. No law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the government for redress of
grievances.)

Freedom of Association

A22. Everyone shall have the right to freedom of association with others, including the right to
form and join trade unions for the protection of his interests.

(Consti. A3, S8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
)
Right to Suffrage

A25. To vote and to be elected at genuine periodic elections which shall be by universal and
equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the
electors

(Consti. A5, S1. Suffrage may be exercised by all citizens of the Philippines, not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.)

ECONOMIC SOCIAL AND CULTURAL RIGHTS

Right of Self-Determination

A1. Supra. Civil and Political Rights.

Right to Work under Decent Living Conditions and Right of Worker to Self-Organization

A6. The States Parties to the present Covenant recognize the right to work, which includes the
right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and
will take appropriate steps to safeguard this right.

A7. The States Parties to the present Covenant recognize the right of everyone to the enjoyment
of just and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in
particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal
pay for equal work;
(ii) A decent living for themselves and their families in accordance with the provisions of the present
Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level,
subject to no considerations other than those of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as
remuneration for public holidays.
 A8, S1. The right of everyone to form trade unions and join the trade union of his choice,
subject only to the rules of the organization concerned, for the promotion and protection of his
economic and social interests. No restrictions may be placed on the exercise of this right other than
those prescribed by law and which are necessary in a democratic society in the interests of national
security or public order or for the protection of the rights and freedoms of others;

A9. The States Parties to the present Covenant recognize the right of everyone to social security,
including social insurance.

(Consti. A13, S3. The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of enterprises to reasonable returns to investments,
and to expansion and growth.)

Protection as and Assitance to Family

A10, S1. The widest possible protection and assistance should be accorded to the family, which
is the natural and fundamental group unit of society, particularly for its establishment and while it is
responsible for the care and education of dependent children. Marriage must be entered into with the
free consent of the intending spouses.

(Consti. A2, S12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and the development of moral character shall receive the
support of the Government.)

Right to Education and Development of Human Personality

A13, S1. The States Parties to the present Covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development of the human personality
and the sense of its dignity, and shall strengthen the respect for human rights and fundamental
freedoms. They further agree that education shall enable all persons to participate effectively in a free
society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups, and further the activities of the United Nations for the maintenance of peace.

(Consti. A14, S1. The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education accessible to all.)

Participation in Cultural Life and Benefits of Scinetific Progress

A15. 1. The States Parties to the present Covenant recognize the right of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of
this right shall include those necessary for the conservation, the development and the diffusion of
science and culture.
3. The States Parties to the present Covenant undertake to respect the freedom indispensable for
scientific research and creative activity.
4. The States Parties to the present Covenant recognize the benefits to be derived from the
encouragement and development of international contacts and co-operation in the scientific and cultural
fields.

(Consti. A14,S10. The State shall give priority to research and development, invention,
innovation, and their utilization; and to science and technology education, training, and services.)