1. What is happening in Hong Kong?

- Protests started in Hong Kong since June 2019 that was sparked by a highly controversial legislation.
The Hong Kong government proposed an amendment to the Fugitive Offenders Ordinance and Mutual
Legal Assistance in Criminal Matters Ordinance that would establish a mechanism for case-by-case
transfers of fugitives, on the order of the Chief Executive, to any jurisdiction with which the city lacks a
formal extradition treaty

- If passed, the bill would give local authorities the right to detain and extradite people who are wanted
in countries or territories Hong Kong does not have agreements with - which includes mainland China

2. What is happening at the airport?

- The protesters have brought their message to the Hong Kong International Airport in the hope of
garnering support from international arrivals. The protests at the airport started peacefully but have
descended into a series of violent confrontations over the last few days as protesters scuffled with
police and passengers desperate to get on flights. The rallies paralysed one of the world's busiest travel
hubs, forcing the airport to suspend check-ins, creating long delays for passengers and cancellation of
hundreds of flights over the past two days.

- Carrie Lam, the Chief Executive, on August 13, 2019 said the city was in danger of "sliding into an
abyss" and warned that it could be "smashed to pieces". On the following day, the city's airport
authority said it had obtained a court injunction to prevent unlawful demonstrations there.

3. What is the history?

- It all began in the late 1800s when China lost a series of wars to Britain which ended up ceding Hong
Kong for a period of 99 years. Hong Kong remained a British colony until 1997 when Britain gave it back
to China through a special agreement. Hong Kong belongs to China, but it has its own currency, political
system and cultural identity. That difference goes back generations; the city was a colony and territory
of the United Kingdom for more than 150 years, until the British handed it back over to China in 1997.
Today, Hong Kong's legal system still mirrors the British model, prizing transparency and due process.

4. What does “one country, two systems” means?

- Hong Kong remained a British colony until 1997 when Britain gave it back to China through a special
agreement. It made Hong Kong a part of China but it also said under this policy that Hong Kong will
retain a high degree of autonomy as well as democratic freedoms such as freedom to vote, freedom of
speech, of the press, of assembly and that made HK very different from China which is authoritarian

5. What are the demands of the protesters?

These include the following:

a. Complete withdrawal of the extradition bill from the legislative process

b. Retraction of the "riot" characterization

c. Release of arrested protesters

d. Establishment of an independent commission of inquiry into police conduct and use of force during
the protests

e. Resignation of Carrie Lam and the implementation of universal suffrage for Legislative Council and
Chief Executive elections

3. Why is CEDAW important?

• CEDAW provides a complete definition of sex-based discrimination –described as any distinction,

exclusion, or restriction on the basis of sex, which intentionally or unintentionally nullifies or impairs the
recognition, enjoyment and exercise of women’s social, cultural, political and economic rights.

• CEDAW takes a concrete and three-dimensional view of equality – it is based on the principle of
“substantive equality”, or “equality of results” between men and women. This goes beyond equality of
opportunity, and the wording used in laws, to looking at the actual condition of women’s lives as the
true measure of whether equality has been achieved.

• CEDAW legally binds all States Parties to fulfil, protect and respect women’s human rights – this means
that States are responsible not just for their own actions, but also for eliminating discrimination that is
being perpetrated by private individuals and organizations. Gender inequalities must be addressed at all
levels and in all spheres, including the family, community, market and state.

• CEDAW recognizes that discrimination is often most deeply rooted in spheres of life such as culture,
family and interpersonal relations – it addresses the negative impact of gender stereotyping, working on
the fundamental premise that unless change takes place at those levels efforts to achieve gender
equality will be frustrated.

4. On the constitutionality of R.A. 9262

The Court ruled in Garcia vs. Drilon (G.R. No. 179267, June 25, 2013), that R.A. 9262 does not violate the
guaranty of equal protection of the laws. Equal protection simply requires that all persons or things
similarly situated should be treated alike, both as to rights conferred and responsibilities imposed.

“It guarantees equality, not identity of rights. The Constitution does not require that things which are
different in fact be treated in law as though they were the same. The equal protection clause does not
forbid discrimination as to things that are different.

“RA No. 9262 is based on a valid classification brought about by the unequal power relationship
between men and women and the official statistics on violence against women and children showing
that women are the usual and most likely victims of violence,” the Court said.

The justices said RA 9262 did not violate the equal protection clause by favoring women over men as
victims of violence and abuse to whom the State extends its protection.

The Court added that RA 9262 is also not violative of the due process clause of the Constitution.

“It is a constitutional commonplace that the ordinary requirements of procedural due process must yield
to the necessities of protecting vital public interests, among which is protection of women and children
from violence and threats to their personal safety and security.”

1. What is a woman?
CEDAW is silent in its definition of what a woman is. More so, with R.A. or the Magna Carta of Woman
and R.A. 9262 or the Anti-violence against women and their children Act of 2004.

In general, for the purpose of definition, in its most enlarged sense, this word signifies all the females of
the human species; but in a more restricted sense, it means all such females who have arrived at the age
of puberty.

2. What is the definition of discrimination against women?

Article 1 of the Convention provides the definition of discrimination against women:

Discrimination against women as defined by CEDAW is any distinction, exclusion, or restrictions made on
the basis of sex which has the effect or purpose of impairing or nullifying the recognition enjoyment or
exercise by women, irrespective of their marital status, on basis of equality of men and women, of
human rights and fundamental freedoms in political, economic, social, cultural, civil, or any other field.

Q: Is the Philippines a signatory of the Optional Protocol of UNCAT?

The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (commonly known as the Optional Protocol to the Convention against Torture
(OPCAT)) is a treaty that supplements to the 1984 United Nations Convention Against Torture. It
establishes an international inspection system for places of detention modeled on the system that has
existed in Europe since 1987 (the Committee for the Prevention of Torture).

The OPCAT was adopted by the United Nations General Assembly in New York on 18 December 2002
and it entered into force on 22 June 2006. As of June 2019, the Protocol has 75 signatories and 90
parties.

The Philippines is one of the states which ratified the OPCAT.

The objective of the Protocol is provided under Part I, Article 1:

The objective of the present Protocol is to establish a system of regular visits undertaken by
independent international and national bodies to places where people are deprived of their liberty, in
order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

What is the significance of the UDHR today?

The UDHR is one of the foundational documents in international human rights. It forms the basis for many other
human rights instruments, including the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. Documents such as these enable governments, advocates, and
lawyers to promote respect for human rights everywhere, and take action when human rights are violated.

Is the Universal Declaration legally binding?

The Universal Declaration is not a treaty, so it does not directly create legal obligations for countries.
However, it is an expression of the fundamental values which are shared by all members of the international
community. And it has had a profound influence on the development of international human rights law. Some argue
that because countries have consistently invoked the Declaration for more than sixty years, it has become binding as
a part of customary international law.
How Does International Law Protect Human Rights?

International human rights law lays down obligations which States are bound to respect. By becoming parties to
international treaties, States assume obligations and duties under international law to respect, to protect and to fulfill
human rights. The obligation to respect means that States must refrain from interfering with or curtailing the
enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human
rights abuses. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic
human rights.
Through the ratification of international human rights treaties, Governments undertake to put into place domestic
measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore,
provides the principal legal protection of human rights guaranteed under international law. Where domestic legal
proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints
are available at the regional and international levels to help ensure that international human rights standards are
indeed respected, implemented, and enforced at the local level.

How do Governments reconcile if there are laws inconsistent with the Universal Declaration of Human rights?

However, being a declaration does not give it a binding power in terms of the standards that must necessarily be
implemented. It is more on the signatory countries’ prerogative on the manner of the integration of said rights.

What’s the effect of non-compliance with the treaties with respect to the UDHR?

If the signatory country is inconsistent with the treaties, the Security Council may advise for its removal from the
UN General Assembly. By the principle of reciprocity, the signatory country loses all the privileges granted from
such treaties without prejudice to other treaties.

1. Can this apply to virtual assistants, or those whose jobs are outsourced by foreign companies?
a. This convention does not apply to these types of workers. The definition of a migrant worker is provided in
Article 2 of this convention which states that "'migrant workers' refer to persons who is to be engaged, is engaged or
been engaged in a remunerated activity in a State of which he or she is not a national." This entails that the
remunerated activity, or the work itself, takes place in another State; while a virtual assistant is based here in the
Philippines, it takes place here, the State the worker is a national of.

2. Is there discrimination when it comes to POGO where the Chinese workers are all contained in one place?
a. There is no discrimination when it comes to the self-contained hubs of the POGO.
b. The Chinese workers are all gathered in one building as their place of work. Although at face value it gives the
impression that they are deprived of their right to travel beyond the hours of work, it is reported that they are still
entitled with the rights and benefits provided by the convention as Migrant Workers. It is the place where they
conduct their work that is separated from the rest, but they are still allowed to go outside. Additionally, their place of
residence is also located near their workplace. The operators of these POGO’s are also the same people providing
their residence. This is still in keeping with the Convention, specifically with regard to their right to access to
housing provided in Article 43.

3. Can an undocumented migrant worker complain regarding abuses that she had experienced in another country?
a. Ideally, an undocumented worker can still complain regarding abuses that she experienced in another country.
Undocumented and/or irregular migrant workers are still entitled to the same rights that regular migrant workers are
entitled to despite their status. This is under the principle of non-discrimination vis-a-vis their status. They are also
still entitled to their human right against abuse and rights before the courts and tribunals, even in the State of
employment (Article 18).
b. Even though in some countries being irregular or undocumented is considered as a criminal offense, the Special
Rapporteur for the CMW is of the opinion that it is not a criminal offense, per se, to persons, property or national
security. It is merely an administrative offense, and it should be treated as such. Additionally, State parties are
mandated to cooperate with other State parties in the safe return of these types of workers from the State of
employment to their State of origin.
c. In reality, however, these types of workers fear complaining to the authorities either because of fear of being
caught with their undocumented/irregular status or the lack of information as to how or where to lodge a complaint.
Another reason might be because they are prevented by their employers from leaving the premises of their
workspace or are deprived of their property, especially communication devices.

4. Is the non-discrimination provision fair? [opinion]

a. The non-discrimination provision (Article 7) is fair. It basically tells the State party not to treat migrant workers
differently regardless of their characteristics as listed in the provision.
b. The issue on the rights of migrant workers vis-a-vis the right of nationals is answered by Article 70 which speaks
of giving the migrant workers rights not less than the rights exercised by the nationals. This is where the Committee
on the CMW and the practice of the Philippines conflict because we treat the migrant workers within the Philippines
based on the principle of "reciprocity", but the Committee says that this is in contravention to the Convention.
c. We think that conferring rights to migrant workers here in the Philippines on the basis of the principle of
reciprocity is a reasonable practice because it gives the other State (of employment) a motivation to treat Filipino
migrant workers equally with their nationals, so that their migrant workers in the Philippines are going to be treated
equally as the Filipino nationals. It would be unfair to treat migrant workers in the Philippines equally as our
nationals, but Filipino migrant workers are not treated equally in other States.

5. To whom or to what entity is the Convention directed against?

a. It is mainly directed towards the State Parties, especially in setting up the obligations of these States to respect,
protect, and fulfill the rights of these migrant workers as laid out in the Convention.
b. Once a migrant worker alleges that her contract has been violated by her employer, that migrant worker has the
right to lodge a complaint to the competent authorities in his/her State of employment against her employer (Article
54). Complaints may also be filed against illegal recruiters (Article 68).
Just to put things in perspective, there have been no cases involving a State party itself being a respondent involving
the rights laid down by this Convention. This is probably because not enough States have recognized the
competence of the Committee to receive Individual Complaints and Inter-State Complaints; also, most of the
countries notorious for human rights abuses against migrant workers are either not signatories to or have not ratified
the Convention. The case mentioned in the powerpoint presentation was directed against the employer, and it was
the employer that was made to pay damages to the migrant worker.
1.) What is the purpose of ICCPR? It recognizes the inherent dignity of each individual and undertakes to promote
conditions within states to allow the enjoyment of civil and political rights.

2.) Is ICCPR embodied in the Philippine Laws, specifically the Bill of Rights? Yes, the ICCPR adheres to the right
to life,liberty, the right to speedy trial, right to freedom of thought, conscience and religion, the right to freedom of
association with others and the equal protection of the laws.

3.) Is ICCPR a legally binding treaty? Yes, it is a legally binding TREATY. This means that states which ratify the
treaty are legally bound by it, while states that do not are neither bound by the treaty obligations or entitled to invoke
those obligations against other state parties.

4.) What is the connection of ICCPR to the UDHR? The ICCPR is s one of the two treaties that give LEGAL
FORCE to the Universal Declaration of Human Rights.

5.) What is the Second Optional Protocol? This abolishes death penalty. However, countries were permitted to make
a reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during
wartime.

Q: Does the law specify certain acts as constituting torture?

Yes. Section 6 of the IRR of the Anti-Torture Act of 2009 specifies the acts of torture. Note that the enumeration
under the provision is not an exhaustive list as it includes “other analogous acts…”

Section 6. Acts of Torture -- For purposes of these rules and regulations, torture shall include, but not be limited to
the following:

(a)Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or
more parts of the body, such as:

(1)Systemic beating, head banging, punching, kicking, striking with truncheon or rifle butt or other similar objects,
and jumping on the stomach. For purposes of these rules, stomach shall mean abdomen.
(2)Food deprivation or forcible feeding with spoiled food, animal or human excreta and other substances not
normally eaten;
(3)Electric shock;
(4)Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical
substances on mucous membranes, or acids or spices directly on the wound(s);
(5)The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink
of suffocation;
(6)Being tied or forced to assume fixed and stressful bodily position;
(7)Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture
of the genitals;
(8)Mutilation or amputation of the essential parts of the body such as the genetalia, ear tongue, etc.;
(9)Dental torture or the forced extraction of the teeth;
(10)Pulling out of fingernails;
(11)Harmful exposure to the elements such as sunlight and extreme cold;
(12)The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13)The use of psychoactive drugs to change the perception, memory, alertness or will or a person, such as:
(i)The administration of drugs to induce confession and/or reduce mental competency; or
(ii)The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14)Other analogous acts of physical torture; and
(b)“Mental/Psychological Torture” refers to acts committed by a person in authority or agent of a person in authority
which are calculated to affect or confuse the mind and/or undermine a person’s dignity and morale, such as:

(1)Blindfolding;
(2)Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts;
(3)Confinement in solitary cells or secret detention places;
(4)Prolonged interrogation;
(5)Preparing a prisoner for a “show trial”, public display or public humiliation of a detainee or prisoner;
(6)Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that
he/she shall be summarily executed;
(7)Maltreating a member/s of a person’s family;
(8)Causing the torture sessions to be witnessed by the person’s family, relatives or any third party;
(9)Denial of sleep/rest;
(10)Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim’s
head or putting marks on his/her body against his/her will;
(11)Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12)Other analogous acts of mental/psychological torture.