Personal and state
International Covenant of Civil and
Right of Self-Determination
Political Rights
Art. I, Sec. 1
The right to self determination includes
the right to freely determine their political
status and pursue their economic, social
and cultural development
1987 Constitution
Art. II, Sec. 7
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
Digong's diplomacy
 Other provisions in the Constitution

▪  Art. XII (National Patrimony)

•  reservation of the right to explore, develop, and utilize natural resources
•  Reservation of use of marine wealth within the archipelagic waters,
territorial sea, and exclusive economic zone

Rtna
 International Covenant of Civil and
Political Rights

Art. 6 par. 1

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

1987 Constitution

Art. III, Sec. 1

No person shall be deprived of life,

liberty or property without due process
Right to Life, Liberty and Security of law nor shall any person be denied
equal protection of the laws
Stated otherwise?
 Death Penalty

2nd Optional protocol to the covenant on civil and political right

Created on 15 December 1989, and entered into force on 11 July 1991

As of July 2013, the Optional Protocol has 77 states parties

Article I

1.  No one within the jurisdiction of a State Party to the present Protocol
shall be executed.

2.  Each State Party shall take all necessary measures to abolish the death
penalty within its jurisdiction.
Philippine compliance

Republic Act 7659 (1993)

An act to impose the death penalty on certain
heinous crimes, amending for that purpose the
revised penal laws…

Republic Act No. 8177 (1996)

An act designating death by lethal injection as the
method of carrying out capital punishment…
Signed 2nd OPCCPR 20 September 2006 and ratified 20
November 2007
Issues on Right to Life
Issues on Right to Life
Slavery and Involuntary Servitude

International Slavery Convention –

League of Nations (1926)

Supplementary conventions on the

abolition of slavery

Slave trade convention (1964)

1987 Constitution – No involuntary

Servitude in any form shall exist
except as a punishment for a crime
whereof the party shall have been
convicted [Art. I, Sec. 18 (2)]

RPC – Anti-Human Trafficking


Torture, Cruel, Inhuman or Degrading Treatment and Punishment
International Covenant of Civil and
Political Rights
Art. 7
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
1987 Constitution
Art. III, Sec. 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, Cruel, Inhuman or
Degrading Treatment and Punishment

▪  Universal Declaration of Human Rights - Article 5

No one may be subjected to torture or to cruel, inhuman or degrading treatment or

punishment

▪  Convention against torture and other cruel, inhuman or

degrading treatment or punishment (1964):
Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity. It does not include
pain or suffering arising only from, inherent in or incidental to lawful sanctions.
 International Covenant of Civil and
Political Rights

Art. 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

1987 Constitution

Art. III, Sec. 1`

No person shall be denied the equal

protection of the laws
Equality before the law
 Cases on discrimination

“All persons or things, similarly situated must be treated alike both

as to the rights conferred and the liabilities imposed” (Association
of small land owners vs. Sec. of Agrarian Reform 175 SCRA 343)

Retail Trade Nationalization Law is not discriminatory to Chinese

nationals, the law was made applicable to all aliens. (Ichong vs.
Hernandez 101 Phil 1155)
 International Covenant of Civil and
Political Rights

Art. 17

No one shall be subjected to arbitrary or

unlawful interference with his privacy,
family, home or correspondence, nor to
unlawful attacks on his honor and
reputation

1987 Constitution

Art. III, Sec. 3

The privacy of communication and

correspondence shall be inviolable
except upon lawful order of the court, or
when public safety or order requires
Right to Privacy otherwise, as prescribed by law
 Freedom of Movement and choice of domicile

Article 12 ICCPR
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.

1987 Constitution – 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
(The cases of Villavicencio vs. Lukban and Marcos vs. Manglapus)
 Asylum

The protection granted by a nation to someone who has left their

native country as a political refugee
 Right to Nationality

Art. 24 (3) ICCPR - Every child has the right to acquire a

nationality

1987 Constitution
Article IV Section 1. The following are citizens of the Philippines:
▪  Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
▪  Those whose fathers or mothers are citizens of the Philippines;
▪  Those born before January 17, 1973, of Filipino mothers, who elect
Philippine Citizenship upon reaching the age of majority; and
▪  Those who are naturalized in the accordance with law.
 International Covenant of Civil and
Political Rights

Art. 25

Every citizen shall have the right and

the opportunity, without any of the
distinctions mentioned in article 2 and
without unreasonable restrictions:
(a) To take part in the conduct of
public affairs, directly or through
freely chosen representatives;
(b) 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;
Political Rights (c) To have access, on general terms
of equality, to public service in his
country.
 Philippine political rights under the 1987 Constitution

Freedom of Opinion and Expression – Art III Sec. 4

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.

Political Persecution – Art III Sec. 18 (1)

No person shall be detained solely by reason of his political beliefs and
aspirations

Access to Information – Art. III Sec. 7

The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law
Right to Assemble – Art III Sec. 8
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 – Art. V, Sec. 1

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