CHAPTER VI APPLICATION, ENFORCEMENT AND LIMITATIONS, VE A. 1. DOMESTIC APPLICATION OF IHRL ‘There are two (2) theories on the domestic applicability of| {international buman rights law: ®) Monist_theory ~ Intemational law and domestic. Jaw comprice one legal system, In absolute monism, international law automatically becomes domestic law, without need to enact a separate national law. Domestic laws, inckuding the Constitution, that contravene international lew, may be declared invalid ‘The Netherlands is considered a monist state, Many States are partly monsts, partly dualists International Fhuman rights law dictates domestic laws, and the Stats must enact domestic laws to conform to international Iw. ) Duslist_theory — International law and domestic law are different legal systems. International law does not become abligatory to is citizens until the State pesves ‘corresponding domestic law containing its provisions, ‘At times, local laws are considered more binding and superior by judges and logl practitioners. Most times, local laws’ aro revisited snd amended to conform 10 international law, but until such aimendment, the local ‘aws remain valid, although this could mesn posible ‘violation hy the State ofits treaty obligations. The ler Dosteior principle i often resorted tain dualist systems: ‘whichever the latier law, prevail, This e nt much of 4 problom forthe Philippines, where its treaty obligations are usually taken into consideration inthe enactment of Tavs. ‘The Philippines has signed and ratified most ofthe important ‘international human rights treaties, sans reservations, However, ‘many Philippine judges still consider international laws aa having less binding effoct compared to domestic lawa. The dualist theory is ‘the one prevailing in the Philippines. Congress has to pasa domestic ja (8 Child Abuse Law for CRC; Ant-Violonce Against Women psa Theis Chilren or AntiVAWC for CEDAW) in order to enfres ternational emventions locally. Section 9, Article Ul of the Philippine Constitution contains he “incorporation claus." The clause isnot necessarily in conflict vith the dualist attitude. Ye i specifically limited to the adoption aregenrallyecceped principle of international law" as part ofthe jaw of the and.* Generally socopted principles of international law prise ust one of the four (4) sourees of international law. In iar aa the other source, Le, treaty, is concerned, such doos not come alaw tntll Congress enacts one translating the treaty inta a rv of eal application, in duals fashion. YL A. 2 INTERNATIONAL APPLICATION OF TRL ‘Theconsont fe Stato tobebound by atreaty may be expressed by signature, exchange of instruments constituting «trety, ratification, feceplance, approval or accession, or by any other imeans, if #0 agreed: «Signature: Sigmatuze toa treaty, however, does not automatically amasn consent of Stat to be bound by aid treaty, funder the national law, its the aco atifetion which operates to bind that State Notwithstanding the signature, thee ail mast be the process of ratification, acceptance or approval be done by the Stato. Without ratification, the signature may only operate £ _ss'a means of authentication and to show the openaess of the lgmatory State for further diseusstons om the treaty-making preeess, A Signature ad referendum,” moans that the signature boeames definitive nly ance the skenature is confirmed by the State’ “Definitive signature” operates aa the consent of ‘w be bound bya treaty when thet treaty is not subject to ratification, acceptance or approval. ‘Seana an Ppp coarse BEE aetna rete, a 2790xchange of letters or notes: Consent ean be expressed through exchange of lets cor notes. Here, there wil necessarily be two (2) letersi ‘treaty is bilateral, with at least one (1) fom each party. Act of formal confirmation: ‘Where itis an international organization that intend be bound by a treaty, instead of raifeation the form used ‘ually "act of formal confirmation States Parties may be allowed to lim the application of treaty by: restrict or me 1) Reservation; 2) Interpretative declaration; 3) Modification; 9 Denunciation. Te ie important to note that State “may not invoke provisions of te internal lew as justifeation for its falure perform a treaty. Reservation: Reservation means a unilateral statement, phrased or named, made by a State, when signing, ratifying] ccepting approving or acceding toa treaty, whereby it purp to exclude orto mosify the logal effect of certain provisions the treaty in their application to that State ‘Reservations are ct allowed when: Mt SHEE msroncrurer no uneroamens 8) Ttiancompatibie withthe objet and purpose ofthe treaty. Acignatoryoreantracting state may objecttoa reservation ‘f8theliovea that iti incompatible withthe abject and purpose ofthe treaty. Interpretative declaration: ‘An interpretative declaration is an instrument that is annexed to & treaty with the goal of interpreting or explaining the provisions of the latter." Modification: Moaifiation isthe variation of certain treaty provisions nly as botween particular partios ofa treaty, while in their relation to the other parties the original treaty provisions remain applicable. Ifthe treaty is silent on modifications, they are allowod only if the modifications do not affect the rights for obligations of the other partis to the treaty and do not ‘contravene the object and the purpote ofthe treaty! Denunciation: enunciation means the withdrawal by a State Party from a troaty* Treaties such as the CRC, ICERD, and CAT allow detunciation; ICCPR, ICESCR and CEDAW do net allow ‘denunciation, B, ENFORCEMENT MECHANISMS ‘States and govermenis aro the guerantors and protectors of 1) Tei prohibited by the treaty; tis not included inthe reservations specie by th tnuman rights, and because ofthe doctrine of State responsibility, they ean be the violators at the same time, They are not, however, tho only’ violators ofthese rights. Individuals, juridical persons, 2 yi del temanacicvarenclgade eed guy aaa et “ee 2, enn Centonon Te Law He Fram eet Antty en lle tenance gars ee ronnie ty 28= reevanioua ako ROLF MAN CHS LARS soups, and business entities may be violators. It ie necessary to fistinguish between enforcement of human rights lawe against fndividusl violators and enforcement against State Violator, 26 ‘hese invalve different means of enforcement. VIB. 1. ENFORCEMENT AGAINST INDIVIDUALS Domestic enforcement: In order to effectively protoct individuals from infringements on their human rights, enforcement at the national level is Decessary and desirelo.'The enactment of national laws to anforee intemational human rights commitments has been « Philippine strategy. In so doing, it translates a sof Jaw intoa hard lau, giving itmore teeth, so to speak, and making individual violators directly accountable. In the Philippines, we have the Revised Penal Code and other penal statutes which criminalize human rights violations. and! punish individual violators Titi 2 thereof, on Crimes Against the Fundamental Laws of the State, punishes vilatons of human rights similar to those guaranteod under the ICCPR. The New Civil Code fantains provisions on the right t seck compensation for damages from individual violators. The laws creating the Ombudsman and the Feviaod Administrative Cade alo provide administrative sanctions against violators in government service Potacive waits and similar dial remedies may also be availed of, such asthe write of habecs corpus, amparo and habeas daca, and even retraining orders International enforcement: Individuals may be brought to justice before hyheid courte, ad hee international courts, or before the ICO. In the latter eourt, Dowever, its jurisdiction is limited tothe erimea of genocide, crimes swarcrimes and crimes faggression These are alleriminal cours ie Fre St fron cin our My 282 caurrsa FREE, proce womens VL B. 2 ENFORCEMENT AGAINST STATES 4. Court action ‘Whore the vsltor isa Stats, redraat may be sought at the ational, regional, of international courts. In the regional lve, ‘edional bomen rights conventions or testes govern the manner 1p which human sights commissions and courts may be acted {o sas edreen. At the Intemational Cour of Justin (G3), only Staton may brings case agsnst another Stato. At tho International (Griminal Court CO, individuals and heads of Stato mayb riod or {ines defined and punished under the Rome Statute (r any ator treaty in fara the erie of "acta of aggression” i emoemed) ‘A the Baropean Cour of Humen Rights individuals are allowed fo erety bring s cae gaint a State 2 Diplomatic means Aside from bringing complaints before human rights courts, ‘States whose nationals have been victims ofumen right violations ty another Stata may opt to avallof diplomat means. This may ‘ental negotiations and dilogue. & Retorsion This may involve withholding of foreign assiatance (US), ‘or stoppage of oil imports (oil-producing countries). Theae are ‘unfiendly acts which do not necessarily contitate violations of ‘ghts ofthe offending State, 4 Countermeasures Countermeasures are responses by a State to the wrongful conduct of anther, 28 a tool of elfredress ‘fears Sanath ern Cin Car cise te Sr lf ropa ow ttn Coase st otfotioneunsngeaner/onc/i/ 9 oeed ony 9201. ees5. Military Intervention ‘The use of armed force is stil being resorted nowadays, rilitary intervention in Libya in 2011 was by virtue of a Uni Nations Resolution. The use of force in Ira, however, did not ha such authority. VI. ©. RESTRICTIONS AND LIMITATIONS While the cubstance of human rights cannot be taken a from human beings, its exercise may, however, be regulated. unrestricted exerese of vghts could infinge onthe rights of ot or could be detrimental t public health, public morals, or atin security. States do not have the absclute diaretion and prerogative restrit the exercise of human rights, Their actions must be bo by certain parameters and they must take into consideration following: 1) Thore must bea clear logel provision oflaw; 2) Thorestiction must bo a specific logitimate purpose; 8) The proportionality test must be applied; 4) The eas intrusive measure shouldbe applied: and 5) Tholaw must be strictly interpret against restriction Derogation: Some human rights are non-derogable, and somo may be ‘suspended or resirited by States. Article 4 of IOCPR allows the derogation of rights, provided hat: 1) Thero is public emorgoncy which threatens the lif f| the nation; 2) The existonce of publi emergency is officially proclaimed; 38) The derogation is to the extont stritly required by the ‘exigencies of the situation; o » "The meagures taken are nat inconsistent with the States other obligations under international law ‘The measures taken do not involve diserimination solely on the ground of race, color sex, language, religion, ot fecial origin.CHAPTER VII MONITORING SYSTEMS ‘The rule of pacta cunt servanda requrea that States eomply ‘with their obligations arising from international human rights lawe tnd treaties, In order to check on the compliance by States of these Gbligations, monitoring mochenisms are setup. These monitoring ‘mechanisms may be: 1. Chartor-based — Those provided under the United ‘Nations Chartor iteelf, or through UN organs, such ax the Haman Rights Council (ormerly Human Rights Commission) and the BCOSOC. Examples are ECOSOC Reaolution No. 1508 "1503" Procedures") and No 1285 (11285 Procedures” on Special Rapportosrs). The Universal Periodic Review is another such mechanism, 2. Treaty-based — Those provided under the teatioe Ghomselves ‘Phe International Covenant on Civil and Poiticel Rights QCCPR, the International Covenant on Economic, Social and Cultural Rights (ICESCR) andthe Convention fn the Elimination of Diserimination Against Women (CEDAW) have express provisions on the monitoring mechanistis to ensure compliance of said convention. ‘Tho Convention on The Rights of the Child (CHC) also contain sach provision but its implementation had been put en held for some time, ‘A. CHARTER-BASED MECHANISMS 1, Complaints Procedur: The 1503 Procedure “The 1503 Procedure originally passed under the ECOSOC has boon eneried over to the Human Rights Council complaints procedure. This ise procedure whereby individual complata fom human rights wictims or groupe representing thom are aosepted by the UN body. Among the main features of the complaint mechanism it ite confidentiality provision and the need for prior exhaustion of domestic remedies Beene ors ‘The procedure ja two (2-tlered: First, the complaint goes to the Working Group on Communications (WGC), « group of five (6) exports, who ascossos the admissibility and merits ofthe complaint. ‘Scand, tho complaint is endorsed to tho Working Group on Situations (WS), another group of five (6) members appointed by fhe regional groupe of member Statas. This group examines the fompleint and presents its recommendations to the Haman Rights (Counel on the course of action to take. 2 State Reports ‘States are required to render report on their human vights situation. These annual roports are called Country Reports on ‘Human Rights Practices or the Human Rights Repors- They eantein siiuationers on the civil, political, and economie rights asset forth ‘nthe Universal Declaration of Human Rights and ether tresties. ‘The Stato Reports are usually comprehensive, but they may not ecotsailyrflet the rel sentiment of their etizenry, considering ‘hat States understandably tand to downplay under-achievement land to sugarcoat minor setbacks in order to avoid international fonberrasement or emdemnation. Some States are not very prompt in submitting ther reports. 8. Special Procedures Special Rapporteurs ‘Aside from reports coming from the States themselves, United [Nations rapporteur alzo provide the UN important information on the extent of compliance by States in their international cmmitments. Rapporteurs may be country-specific or thematic. Special rapporteurs, experta ot envoys are sometimes sent to ‘member Stes in order that they make an investigation and report {othe UN on the human rights violations committed ‘There are only afew countries where special rapporteurs have ‘boon assigned to, and these are counties where roports of human Tights violations are rampant. Among these countries are North ‘Korea, Somalia, Sudan, Tran, Haiti, and Burundi‘Among the thematic special rapporteurs are the Special ‘Rapporteur on Adequate Housing, Food, Education, Minority issu Physical and Mental Health, Independence of Judges and Lawes, Freedom of Assembly and’ Assocation, Contemporary Forms of Slavery, Trafficking in Pereons, Torture, Human Rights of Migrants, Sale of Children, Child Prostitution and Child Pornography, and Extrajuicial, Summary oF Arbitrary Executions, ‘In 2007 and 2008, the Special Rapporteur on Bxtrajudicial, Summary or Arbitrary Executions, Mr. Philip Alston, eame to the Philipines at the countrys invitation in ordor to conduet an Investigation on the alleged summary executions committed in Inzon and Davao. 4, NGOsand NHRIs ‘Non-governmental organizations (NGOs) and National Human Rights Inctittions (NHR) ply’ vital zoloin providing the United Nations with information on the human rights situation in a State NGOs may submit written report, roforrd to as “shadow reports” tor “altemative reports” which could be wsoful during the Universal Periodic Review (UPR) procacs. NGOs with consultative status ean participate in the discussions on human rights iesues before the UN ‘Human Rights Counel ‘Among the more active intanational NGOs are the Amnesty International and the Human Rights Watch. In the regional level, reputable NGOs may be allowed #9 bring a complaint in behalf of an individual vitim to the Regional Human Rights Commission. 5. Universal Perio Review ‘The Universal Periodic Rview (UPR) is authorized under the UN General Assembly Resolution No. 60261 issued on March 15, 2006, the same inatroment that establishod the Human Rights ‘Counel Stating 2008, Statoe were required by the Human Rights ‘Counel to render a report on its human rights situation once every four (years. In this prosedure, the State presents its report on its human rights situation, and e troika composed of three (3) olher member ‘States wll give thetr comments and suggestions. There are concerns SERENE ove * ‘Sat hs proedare might tes to dpe he ea human igh tatcn ive Sais we) ves fr, boca the Sao tang te spre li yt celina svete tho Satecconpelg tn i reenented Uy loa, went fo sates anton tutend wf abontng te porn Ste on 8 Teast vlan ‘Among those in the fret batch in the Srst reporting round in 2008 tt rendered the roport wes the Philippines. The report was prosented by a team headed by Secretary Eduardo R. Brmita, Bxoeutive Secretary and Chairman of the Presidential Human Rights Committee, on April 11, 2008, It was adopted on April 18, 2008, The Staiee serving as froth for tho Philippines were Germany, Malaysia, and Mali ‘The second UPR report of the Philippines was presented by the toam led by the Secretary ofthe Department of Justice, Leila de Lime in 2012, B, TREATY-BASED MECHANISMS Human rghte treaties ueually contain provisions to monitor compliance by States of thelr obligations under the treaty. It must be clarfed though that these monitoring mechanisms are not the same as the courts of justice or human rights courts where awards for monetary damages may be given. These treaty bodies render “iows" on complaints brought before it. Occasionally, they issue orders which are in the nature of provisional remedies. In one case, the Human Rights Committee ventared to say that. provisional remedies are mandatory ‘The monltaring bodies are the fllowing: 1, Human Rights Committee — Composed of 8 members, 1g the body charged with overcecing compliance of the ICCPR. The Commitioe reviews the reports of Uhe 162 States who ratified the ICCPR, as well as the individual petitions against the 114 States who ratifiod the Optional Protooal to the ICCPR.Committee on Eeonomic, Social and Cultural Bights — ‘This body monitors the compliance by States ‘of the ICESCR, The Committee ia directly under the ‘Weonamic and Social Council (@COSOO) and the General ‘Assembly. Committoo on the Elimination of Racial Discrimination —" Monitors the International Convention on the Elimination of Reial Discrimination. Aside from the reporting procedure, it also has thres @ other mechanisms: the earlywarning procedure, ‘he ‘examination of interstate complaints, and the feamination of dividual eomplaints, Committce on the Elimination of Discrimination Against Women — Monitors the Convention on the Elimination of Discriminstion Against Women. It is eompoced of 23 experts on women ierues who reviews the State Reports of members who submits them once every four (4) years. The Conmaltes also iasues General Recommendations on iasues afeting women which neod more focus Committee on the Rights of the Child ~ Composed of 18 independent experts that monitor State compliance to ‘the Convention on the Rights of the Child Stats submit {heirreportstothe Committe, Todate itcannot entertain Jndvadunl complains, but i conducted investigations om arance of the Lith Panchen Lama of Tibet, wh, co 2 young boy, was aloe fo have bees bald stanton by Chinese authorities Committee Against Torture — Monitors the Convention Against Torture and Other Cruel, Inhuman cor Degrating Treatment or Punishment. It is composed f 10 independent experts. It roviows Stato Reports ‘which are submitted once every four (4) years, end also ‘conducts inquires, interstate complaints nd individual complaints, Committee on Migrant Workers — Monitors the cempliance by member States of the Intemational Convention on the Protection of Al the Rights of Migrant Workers and Members of their Families. State Reports SiNirenNG ores ° sare submited and reviewed once every fve (6) years. ts ‘individual complaint mechanism has not yot been activate, 8 Committee on the Rights of Persons with Disabilitios ~ Monitors the Convention on the Rights of Persons With Disabtcs I is composed of 12 members serving four (4-year terms As previously stated, treaty bodies render views x complaints ledgod before them, and concluding ‘observations based on the State reports Human Rights Committee ‘The 18 exports comprising the Committe are elected to. four (@)year term, and donot represent any country. They perform two (@)main functions: 2) Reciveand revsw State Reports — State reporting undor the ICCPR is done once every ive (6) years by all member States who ratified the tresty itsell The reporting State shall show the ways by which it complied with its obligations under the treaty. A “dialogue” is conducted by the Committee with the delegation of the Reporting State. Thereafter, and taking into consideration other reports such as those submitted by NGOs, the Committee shall issue the "Concluding Observations” )- Decide on complains against member States who retiied the First Optional Protocol — The complaints must be {in writing and most be led by a person who ie directly ‘ffectedby the States action Actio popudarsienotallowed ‘oefore the Human Rights Committee, The concemed ‘States given the opportunity to Comment onthe petition ‘before the Committee will decide on the Admistbiity and ‘Merits ofthe ease. The ruling of the Committee i called ‘2 "View." which doos not have a legal binding effort. However, it may also isaue interim measures similar ‘to provisional remodies under our rules. These interim measures can have a mandatory character‘Among the notable complaints against the Philippines were the ‘cases of Piandiong vs. The Philippines" Baroy vs. The Philippines, * Pimentel vs. The Philippines,® Morcellana and Gumanoy vs. The Philippines,” Lumango and Santoo vs. The Philippines” and Larranaga ve. The Philippines”® Soe sa Seer ett Sate ieee CHAPTER Vil ‘THE UNITED NATIONS "The Unitod Nations Organization is the international body composed of the family of nations, Currently, it has 198 member Stotes, It is headquartered at Now York, USA and mainteina offices at Geneva, Switzerland and Vienna, Austria. It ofieially tame into being on the dato of ratification of the United Nations Charter at San Francisco, USA on June 26, 1945. The United Nations Day is celebrated on October 24 of each year. ‘The United Nations, through its organs, oflees, agencies, programmes, and subsidiary agencies, are instrumental in human, Fights and humanitarian law policymaking, implementation, and ‘monitoring, VILA. PURPOSES OF THE UN Article 1, Chapter 1 of the UN Charter provides for the following purposes, to wite 1, Tomaintain international peace and security; 2, Todevelop friendly relations among nations; 3. To achiove international cooperation in solving {international problems and im. promoting respect fr ‘human rights and fundamental freedoms; and 4. Tobe a canter for harmonizing the actions of nations in the attainment of eommon ends. VIILB, PRINCIPAL ORGANS OF THE UN: 1. General Assembly(UINGA)—Composod of ropresentatives ofall the member States, each with one (1) vote. Clos P Romulo of the Philippines became the fourth president ofthis very elite assembly in 1949. UNGA delberates on Important questions, sch as membership, budget, peace, snd security, The Human Rights Counel isa subsidiary of UNGA. The defunct Human Righte Commission GHRCion}, which was replaced by the Human RightsCouncil, was under the Heonomic and Social Cound) (00800), 2 Security Council ($C) — Composed of 15 States, five (5) of which are permanent, namely: France, USA, China, ‘Russian Federation and the United Kingdom. Any of th five (5) permanent members may veto a proposal by casting @ negative voto. The tan (10) other momibers ar ‘leet by UNGA for term of wo (2) years. Tee pelary esponsibility is to maintain international peace and! fecurity. The International Criminal Tribunal of Rwanda (CTR) and The International Criminal Teibunal forthe former Yugoslavia (ICTY) are under the Security Counc 8. Eoonomic snd Sacial Couneil (RCOSOC) — Compose of 54 member States elected by UNGA. It deliberate on International economic and sical isues. Its member have three (3-year erm. 4 Trusteeship Council — Composed of the five (i permanent members ofthe Security Council (USA, UK, China, Franco, Russian Federation). [ts major task oa] to promote the advancement of trust territories and thei development towards self-government or independence. With the independence ofthe last trust territory, Pala, {in 1905, the Rnctions of the Trusteeship Counel ceased 5, Secretariat Composed of an international staf? of bout 8800 civil servants, headed by the Secretary General, who is appointed by the UNGA. Te adminitae the programs and projects ofthe UN allover the word 6. Intemational Court of Justice — Tho principal judicial ‘organ of the UN. Only States can bring cases before thi ‘court. Arid from sting the disputes submitted by States, ‘the ICT alan gives advisory opinions on legal sees VIILC. OFFICES, AGENCIES, PROGRAMMES AND SUBSIDIARY BODIES IN THE UN ‘The principal organs of the United Nations have their ora subsidiary bodies, departments, agencies and programs that car ‘Sesto hamons " cout speci tas, with the exception of the International Court of ‘justice and the Trasteeehip Council ‘Amang the subsidiary bodes n the UN Gonaral Assembly are ‘the: 1) Haman Rights Council, 2) International Law Commission, ‘andthe 3) Disarmament Commission, Human Rights Council (ARC) ‘The UN body tasked to strengthen the promotion and protection ‘of human rights is the Homan Rights Council (HRC), which was treated by the UN Genoral Assembly on March 15, 2006, replacing the Homan Rights Commission (HRCion). The’ Human ‘Rights CCounel is made up of 47 States and it reports directly to the UN General Assembly, unlike the Human Rights Commission which teed toe part ofthe ECOSOC. ‘Among the ‘breakthroughs of HRC are tho 1) Universal ‘esi Revie (JPR) of all member States of the UN and the 2) Complaints Procedure which allams individuals and organizations to bring complainis on human rights violation to its azention. Tis procedures the sucessr ofthe 1503 Procedure which was caried over ffom the Human Rights Commission. Specialized programmes and funds ‘The United Nations General, Assembly (UNGA) and the Beonomic and Social Counel (ECOSOC) operate programmes and fands for the world community. Among these are the: 1) United Nationa Children's Fund (UNICEF); 2) United Nations Entity for Gender Pquality and the Empowerment of Wemen (UN WOMEN); 3) United Nations Bavironment Programme (UNEP); 4) United Nations Office on Drugs and Crime (UNODO); 5) United Nations ‘Human Settlements Programme (UN HABITAT} 6) United Nations Population Fund (UNPPA), 7) Offic of the United Nations High CCotamlssioner for Refugees (UNHCR), and the 8) World Food Programme (WFP). Specialized agencies, commissions and bodies "The Heonomic and Social Counell (ECOSOC) has several specialized agencies, commissions and bodies. The specializedagencies are autonomous organizations which are linkod through ‘agreements. Among the specialized agencos are the: 1) World Health Organisation (WHO), 2) United Nations Pducational, Scientific ‘and Cultural Organization (UNESCO); 8) International Labour ‘Organization (LO), 4) Food and Agricatare Organization (FAO; 5) ‘World Intellectual Property Organization (WIPO); 6) International ‘Monetary Fund (IMP), 7) World Bank Group; 8) International Givil Aviation Organization (ICAO); 9) International Maritime ‘Organisation (IMO, 10) International Telecommunieation Union (TOs, 11) United Nations Industrial Development Organization (UNIDOy,12) World Tourism Organization (UNWTO); 18) Universal ‘Postal Union (UPU} and 14) Interaetional Fund for Agricultural Development (FAD). Offices under the Secretariat ‘The Secretariat has several ofies under it, principal of which is the Executive Office of the Seeretary-Gencral (BOSG). "The feel point of tha organ is the Socrotary-Genoral He sexves 4 torm of five (5) years with no limit on the number of five (6). yer terms. Other ofens under tho Secretariat ar the: 1) Ofice of ‘he High Commissionor for Human Rights (OHCHR; 2) Office for the ‘Coordination of Humanitarian Affairs (OCHA) and the 3) Ofce of the Special Representative of the Secrelary-General Children and ‘Armed Conflict (OSRSGICAAC), ‘Among the subsidiary bodies of the Security Council ere the UN Peacekeeping Commission, the International Criminal Tribunal of the Former Yagoslavia (ICTY), and the International Criminal ‘Tribunal of Beanda (CTR). CHAPTER IX MILLENNIUM DEVELOPMENT GOALS Tn September 2000, 189 world Teaders adopted the United Nations Millennium Declaration and committed thelr countries {a jon im achioving the eight (6) Millennium Development Goals (Q1DG's) identified by tho United Nations, witha target dato of Year 3015, namely: Halving extreme poverty; Providing universal primary education; Promoting gender equality; ‘Reducing child mortlity; Improving maternal health; Hialting the spread of HIVIAIDS, malaria, and other diseases 7. Ensuring environmental sustainability; and 8, Developing a global partnerchip. In ine with that commitment, a concrete plan was drafted in 2002, known asthe UN Millennium Project, andthe UN Millennium Campaign was startod. Every now and then, a Global Millennium ‘Sumnmitisheldtorenew and monitor on the progress ofthe campaign. During the UN Summit in September 2010, some countries reported on their suocesses in achioving the MDG goals, among which were: 1. On Goo! 1 ~ Nicaragua reported that it already reduced fetreme poverty by more than 50‘; Malawi reported more than 689% food surplus; Vietnam roported that bocanco of Investments on agriculture esearch and extension, (thas ret the goal The Philippines spent a huge chunk of its resources to alleviate hunger through the Pantawid Pampamilyang Filipino Program (4 Ps) not only to address banger bat also for eduestion and health, The program haa had itsshare of entice who accuse the government of wasting precious tax money to give to the poor, whieh thay label fas “band-aid solution,” instead of providing them jobs fand teaching them how to fend for Uhemselves. That is 4 good argument if we have enough employers in the ‘country that will ako everyone in, a the click ofa finger, Tegardloss ofthe applican’s work skills. While a porfoct Social Justie environment can only be achieved with the citizen's pariipation and commitment, the goverment feannot and should not give up investing on its people, ‘The government is committed to the Conditional Gash ‘Transfer program and to MDG Goal 1. Towards those ‘ends, the government mast nat only work on long-torm fd medium-term solutions but must also provide quick short-term solutions Indeed, it is a great relief thatthe, government is nally recognising the need to boost the oeonomy by satting in ‘motion the poor people's epending eapabilty rather than ffow comipt offal stashing public funds in secret private accounts in offshore banks. On Goal 2 — Kenya, Tanzania, Mongolia, Bolivia, and Ethiopia reported ge strides towerds achieving the goal. The Philippines is way ahead, as we not only have free primary edueation in most parts of the country, we also have free secondary education. More than that, the country fs now bent on finding ways to improve the ‘guality of the edueation eystom. Ils apot in the 2011 ‘World Beonomie Forum ropor¢ as No. in Asi in terms of ‘women edeation, with a perfect score, is well-daserved. On Goal 2 — Mexico, Ethiopia, Rwands, Tanzania, Gayana, ond Jamaica’ presented impressive records ‘wowards fling its eommaitment tothe goal ‘The Philippines ia the undioputed leader in Asia in ender equality. In its Global Gender Gap 2011 Report, ‘the World Eeopomie Forum ranked the coantay asthe top mong Asian countries. The Philippines ranked 8th in the ‘whole world on gender equality, outranlking the United States, and ig the only Asian country in the top ten 10). We have women leaders in government, business, ‘education, hou socio-ivie organizations, and many ‘important sectors. They are making great contributions fn making oar eruntry a betiar country, and the whole ‘world acknowledged this. On Goal 4 — China, Laos, Cambodia, Nepal, Rwanda, Bolivia, Mozambique, Zambia, Bhutan and Malawi are ‘among tho countrios that have recorded sucossea on ‘heir afore to reduce eld mortality. The Philippines i ‘striving to bettr its record on this. On Goal § — India, Malawi, and Rwanda have shown ‘sucesses in improving maternal health. The Palippines is not fering so bad, but must continue to improve its ‘ocord. In many provinces such as Cebu, birthing exnters are established to cator tothe needs of pregnant women. However, there are sill many places inthe country where Dirthing is assisted by strained and il-equipped hilot ‘using unhygienic methods, On Goal 6 ~ Cambodia stopped the spread of HIV; China, ‘Estonia, and Latvia scored raccesses inthe ight against tuberculosis, Eritrea, Rwanda, Tanzania, Sao Tomé and Principe, and Zambia reduced the cases of malaria ‘The Philippines had already become successful decades ‘ago in the ight ageinst tuberculosis and malaria, but the ‘reals aguinst HIV and dengue are new challenges that ‘he health department is up agains. Stil, the country is, 1No. 1 in Asia in the field of women health, according to ‘the 2011 Warid Eeonomie Forum report. Qn Goal 7 — Costa Rica, South Africa, Guatemala, Ghana, Mali, and Senegal reported thet they have made {improvements towards environmental sustainability ‘On Goal 8 — The Kurepeen countries of Netherlands, Denmark, Sweden, Luxembourg, and Norway wore recognized for offiial development assistance to’ the slobal community Ina move that elicited mixed reactions the Philippines, ‘who used tobe pushover inthe international community,‘exed muscles and committed USD 1 billion from its USD 7Tillon-reserves with the International Monetary Fund {in 2012, for the monetary benefits in terms of ROT as Wel as show of commitment to this goal The country joined the effort ofthe intamational community to rescue Financialy-distresoed countries to prevent a worldwide ‘Te was hoped thatthe money could help some Buropean, countries that were sulleing from esonomic reverse, fas thie could in turn help Overseas Pilipino Workars (OFWs) working in those countries, As part of the fountry’s reserves, the money could not be used for publi spending anyway. Therefor, it was deemed more ‘aancially beneficial (direct benefits in terms of interest) ifloaned tothe IMF. The commitment of USD 1 billion for ‘global cause would also benefit the OFWs working in finaneially-dstressed countries indirect bonefits in terms of employment). An addled bonus is that the Philippines ‘would now pay lesser nteret for is current debts because is not considered a high-risk debtor anymore. Indeed, ‘his s way better than some fe corrupt leaders stashing ‘away government money in sooret private acsounts CHAPTER X PHILIPPINE LAWS PROMOTING THE RIGHTS OF THE CHILD X. A. THE RIGHTS OF THE CHILD Children are humans with rights that are entited to respect and protection. Their age and size do not diminish these Tights. ‘Tho Universal Declaration of Human Rights (UDHR) declares that children are entitled to special care and assistance, owing to their ‘alnerabilty, dependence, and inability to speak out. Sometimes, adults take children for granted, belittle thir opinions, or worse, {reat thom as properties, robots, or toys. There are many cases of parents dictating their children and whore eommunication isa one ‘way trafic. Thore are alao instances where misfit parent take advantage of the inexperience of children in order to further ‘heir less than noble agenda of greed, vanity, or redemption at peresived personal failures. Thus, wo sce children marvied off {fo foreigners or forced to work as domestics for debt bondage in crdor to "raiso the family,” children forced to pursue a life whieh the parents wanted for themselves but failed to achieve, or very litle children who are forced to join beauty eontosta and all kinds of contests for the perecived glamour that they are supposed to bring to the parents, One father in Cebu Province, against whom @ child abuse caso was filed, was brutally forthright: he said that he could do ‘whatever he wanted to do to his child and that no one, not even the (government, could tall im how to raise is child. This mentality il ‘tists in certain pockets of Philippine society. Thee had been cases involving parents commiting incestuous acts against their minor children. The places of commission of these crimes would reveal that parographie eduibitions in the media, the usual scapegoat, could not heve been the major influence because ofthe rematencs of those places and thelr inaccessibility to most forms of media Rather, tis highly probable that ignorance, lack of understanding tf parental responsibility, lack of respect for children as individuals, and bwisted sense of sexuality were the factors that contributed to ther commision‘On September 20, 1990, the Convention of the Rights of the ‘Child (CRC) entered into fore. Ie defines child as a porson under 48 years of oge, unloas he attains majority earlier under & law applienbe to him.” and deslares that “the child, by reason of his Dpiosical and mental immaturity, needs special sofeguards and fare, including the appropriate legal protection, before as well as sfer bird” ‘The Convention advocates the following prineples: 2) The best intorest of the child shall be the primary consideration in actions concerning children 1) States Parties shall ensure the maximum extent possible for the survival and development of the child, fd recognizes the child's right to the enjoyment of the Injghest atisinable standard of health; © Achill has the right to express hisher viows freely in fll mattere affecting himher and the views ofthe child Shall be given due weight in accordance with his/bor age fund saatarty, The child shall have the right to freodom of expression (cubjeetto certain estritions) ©) States shall respect the rights ofthe child to freedom of thought, contelones, and religion; 1) States Parties recognize the rights ofthe chil to freedom fof association and the freedom to peaceful assembly, No child shall be subjected to arbitrary or unlawful interference with hisher privacy, family, home or ‘correspondence, nor to unlawful attacks en histher honour ‘and reputation; 1h) he child hae the right to education and standard of living adequate for the hisher developmement;, 4) Tho child hae the right to rost and leisure and to be protected frm economie exploitation ‘The Philippines ia amember ofthe Convention of the Rights of the Chil, together with 191 other countries. Tis convention is the ‘most-ratified treaty, with only the United States and Somalia as the ‘remaining statas whieh have not ratiied ORC. Philippine laws and regulations concerning children ‘Asbong the Philippine laws passed for the protection of children ere 11) The Juvenile Justice and Welfare Act (RA 9944, 2) Special Protectionof Children Against Abuse, Exploitation ‘and Discrimination Act (RA 7610, 3) Act Providing for the Elimination of Worst Forms of (Child Labor (RA 9231); 4) Anti-Child Pornography (RA 9775), 5). AnticViolence Against Women and their Children Act (RA 9252), 6) Anti-Trafficking in Persons specially Women and Children (RA 9208) ‘The Supreme Court also issued special les onthe examination sotenildren witnesses. Records of;asesinvlving children are stritly ‘onfdentil X. A 1. RA 9944 ~-THE JUVENILE JUSTICE AND WELFARE act Minors exempt from eriminal liability The following Children Ta Coniict with the Law (ICL) are exempt from criminal lability: 1. Those who are eon (18) years old or below; 2 Those who are over fifteen (15) years old and under cighteon 18) years ol, when acting without discernment, 8 ‘Those who committed sets punished under Article 202 of the Revised Penal Code;4. ‘Those who committed acta punished under PD 1583; 5, ‘Those who committed acts punished under PD 1619, The age of conditional criminal ability RA9344 increased the age of conditional criminal responsibility tm over fifteen (15) years up to less than eighteen (18) years. A Children In Conflict with the Lew (CICL) within this age range ray incur mitigated criminal liability if he acts with discernment. fact of discernment has frat to be established by endorsing the clad to local sonal worker who shall interview the eild and map ‘outa program on restorative justice that would fit the CICL. Ifthe child didnot act with diseernment, he shall be exempt from criminal liability, in the same way that children fifteen (15) years old or below are also exempt. Restorative justice Cognizant that children have alot of future choad of them, and that their voluntarines inthe commision of crime and mens rea ‘may bo clouded at that stage, tho law proves a restorative justice ‘mechanism for diversion snd intervention programas thatthe CICL ‘must undergo before a determination is made on whether or not he should serve the sentence upen reaching the age of majority. Restorative justice isa concopt simed at tho healing of all those sifectd by a crime: the vitim, the offender, the families ofboth the ‘ictim and the offender, andthe community. tdoos not necessarily do away with Retributive Justice, which calls for the acceptance by ‘the offender of the consequences of his acts, Nether does it stop thore. For when a minor offender i just sen fo jail for an offense it almost always leads to him to 2 point of no return, allecting not only ‘him but als his family. On the part ofthe victim, tho victim's fly and the community, t would tand ta develop a sence of justice that is based on vengeance instead of closure, frame of mind that is always looking beck instead of moving forward. Restorative Justice likewise fms to restore the damage done tothe victim and the community, and therefore must involve them. Considering that the process might be slow nd’ painful and even traumatic at some stage, extra caution should be dane ucts 1 SREP Les rnosormc as mos or me CLD in implementing the diversion or intervention program. For this eaten, the government must undertake ta hire more professionals qo conduct the program and must give more litical support in crderto meet the standards st forth by lw. ‘From a more holistic view, restorative justice i regarded as 1 tool to prevent mote crimes from happening. The argument in fupportofthisisthat the healing process could stop more aggressions {ram both sides from happening, and thatthe CICLis return to the tnainstream of society instead ofhis further ‘eondtioning” in prison ‘oul make him a betier person, Challenges in the implementation of RA 9344 ‘While Restorative Justice sounds like th pefict rehabilitation process, «haphazard implementation thereof ean be double-edged. Its possible that CICL's ae this asthe helplessnoss of authorities todeaomothing about ther offense, and might give thom some sense ofimpunity. Instead of reforming them, they might end up mocking the spate, ‘On the part ofthe victim, thore is e tendency for him to fol unprotected by Taw. As itis, many people are already protesting that offendere enjoy more protection from the law compared to ‘time, When poople fel that che lw is not sensitive tothe feelings bf victims, when they eel that judicial prooeedings are nothing to them but along, tedious, expansive circus, there is that real danger that vietime would take the law into their own hands, or that they ash out on their cases If Restorative Justice has to have any meaningfil impact, {te important that authorities understand that there is @ child that needs to be seriously reformed, there is a victim that needs to bo healed, and there is a society that dasarvs a safer place not only forthe present, but forthe future generations as wel. Firing ‘one untrained political supporter to do the job for the whole loeel goverment unit composed of tens of thousands of residents, sans facilities and suppor, isnot going to ly at ll. [Like any other aw, the provisions of RA 9344 have been abused by criminal elements who would hire minors to perpetrate erimes.{In drug lars, police reports have it that minors are used as couriers and peddlers. There ae sil alot of gape that have tobe addresoed ‘in order for this law to be successfully implomented, foremost of ‘which are logistical in nature. The law talks about facilites that are practically non-existent in many municipalities. It talks about the perfect diversion and intervention programe but without the necessary trained personnel to conduct the same Recently, there is @ move to lower age of criminal liability from over 18 years of age to over 12 years of age. While there is strong support for tis move, owing tothe observed diiculty in Implementing the provisions of RA 9844, bat which dificulty is actualy esused by logistical imdoquacies rather than mistakes in determining the age of responsiblity the move lao faces vary strong opposition from children’s rights advocates. Instead of addressing the logistical concerns and challengos it seems that some lawmakers would prefer the shortut of sending the CICL's to jails instead, and which would stil actualy bring us to the same issue of logistics, a8 tore children inmates would still roqure the eonstractin of more faclities, more supplies and more personnel, XA 2, RAT610— THE ANTI-CHILD ABUSE LAW ‘This isa landmary logislation for the protection of children from abuses, Many of the eres incorporated under this law ‘re already punished in the Revised Penal Code, but when the ‘victim i s child, special lawe and rules apply. The penalties are higher, ifonly to stress the grester need to protect from cruelty anid abuses “Child abuse” rofers to the maltreatment, whether habitual or ‘ot, of the child which includes any of the fellowing: (1) Peychologial and physical abuse, neglect, erulty, sem abuse, and emotional maltreatment, (@)_Any act hy deods or words which debases, degrades, or demeans the intrinsic worth and dignity of « child as 8 ‘bum being: (8) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or acre a eaoworee sr ors oe cuLD (4) _ Failure to immediately give medicl treatment to an {injured child resulting in corius impairment of his growth and {development or in his permanent incapacity or death.” In the case of Sancher ve. People eting Araneta vs. Poople™ the Supreme Court emphasizod that there are far (6) Kinds of trimes falling under Section 10, RA'7610, to wit: ‘Tile provision punishes also four distinet acta, Le, (@) hild abuse, (0) child cruelty, ©) chil exploitation and (2) being responsible for conditions prejudicial to the childs development. ‘The Roles and Regulations ofthe questioned statute distinctly and separately defined child abuso, cruelty and exploitation just to show that these three acts are differnt from one another and from the act prejudicial tothe cilé’s development.” X. A. 9, RA9821 — ELIMINATION OF THE WORST FORMS OF CHILD EABOR ‘The International Labor Organization (TLO) adopted the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Woret Ferme of Child Labor (ala know a5 182 or Worst Forms of Child Lebor Convention) in 1888. This convention was ratified by the Philippines on November 28, 2000. On December 19, 2008, Republic Act 9281 entitled, “An Act Providing forthe Elimination ofthe Worst Form of Child Labar and Affoding Stronger Protection forthe Working Child” was approved. ‘The said law enumerated and defined the worst forms of child labor, the working age of children and the persons whom they can work for, the hours of werk, the ownership, usage end management of the working child's income, and penal provisions for violations of thelaw. ‘The phrase “worst forme of child labor” chell efor to any ofthe following: a) Al forms of slavery, 25 defined under the ‘Ant trafficking in Persons Act of 2003; or practices eile ta slavery ee Rt hes 2,uc sale and trafficking of children, 2bt bondage an Sern and forced or cnspulony labor ieee ste otehiren for vein mel concen 12) The use, procuring, fering or exposing of for prostitution, for the production of rng ag Sor ‘pornographic performances; or 7 OS 8) The use, procuring or offering of . or offering of child for ageh a Mit ets induding the podaction nd aac f dangerous dr and volo subanes rohit nee {Work whieh, by its nature or the crest phigh ii carrie out, is hazardous or key tobe aneeed ot ‘the health, safety or morals of children, sich thet its milo “a) Debases, degrades or demeans the intrinsic worth and dignity ofa ehild as @ humen being “® Brpotes the child to physical, emotional or sexual abuse, ori fand Yo be highly seca ocholegielly or may pedo mois or “© Is permed undegoind, undereta o dangerous heights; or * “@ nylves the se of dangerous machine quipment and tol sch es power dso ‘solnive powerctated wet “© Exposes the child to physical danger such 4s; but nt limited tothe dango ats ot Balancing, phyla strenght conan, or p82 somes the manual transpart of heey “0 Je performed in an unhealthy enivonment exposing the child ty harardous wonting condos, elements, substances, eager oe ocesas involving ionising rede a Sammie ‘bia, noxoan compmnens and the like, of extrem temperate, eels orien mes “2 Te performed under particularly dificult ennditions; or “h) Bxposes the child to biological agents such as. ‘bacteria, igh, viruses, protozoans, nematodes and other parasites; or Involves the manufacture or Handling of , explosives and other pyrotechne product."” XA. 4, BAQ075 — ANTL-CHILD PORNOGRAPHY “Child pornography” refers to any representation, whether visual, audio, or written combination thereot, by electronic, ‘mechanical, digital, optical, magnetic or any other means of child engaged or involved in real or simulated explicit sexual activities. ‘The Anti-Child Pornogrephy Act of 2008 not only protocts childzen who are victims of pornographic exhibitions, bat also thane ‘who, egardles of age, are provented or portrayed asa child in such exhibitions, Section 8 provides that the term Child’ refers to a person blow eightoen (8) years of age or over, but is unable to fly tale care of himselfhereaif from abuse, neglect, cruelty, exploitation or Aiserimination because of ephysial or mental disability or condition. For the purpose ofthis Act, a child shall also rofer to: (1) A person regardless of age who is provented, depicted or pottrayed asa child as defined herein; and (@) Computer-generated, digitally or manually crafted Images or graphies ofa person who is represented or who ‘made to appear tobe a child as defined herein.” Violations of the law carry heavy penalties."The law also ‘requires the inspection and rogulation of internet eafes and kioaks by local government units in order to safeguard the children who are using these commersal establishments. Internet service providers, intemet content hosts, mall owners and other establishments are‘required to stop child pornography activities committed in their premises and nolify the authorities immediately, under pain of penalty X. A.5. RA 10364 — EXPANDED ANTL-TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN ‘The Philippines is currently in Tier 2 in the US Global ‘Tracking in Persons Report, a standing which is doomed an Improvement of its previous Tier 2 Watellst ranking in 2000 and 2010, This means that the country has complied with the minimum ‘standards sot by tho US Tracking Victims Protection Act, but that Ihuman trafficking still persists. The ranking eomes with financial ‘id from the United States, which could have been diminished if not totally withheld ifthe country retained ita iar 2 Watchlist for ‘certain peti. ‘Asa counirysendngroughy tn percent 0%) fis population abroad ve slr wars the Pailppoes soe of te gee toute of rated vite I ale toa lec extn, a tet frist et detnaon, Te dome cate of acing very fm ‘rnmeral sera! eplaon to mallerder bide aches, to oreo rficing and dot bondage FRA 10364, which was approved by President Benigno 5. Aquino Ilfon February 6, 2013, defines trafickingin persons as "the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with of ‘without the victim's consent or knowledge, within o aeoss national borders hy means of threat, or use of foro, o other forms af eoerein, abduction, fraud, deception, abuse of power oof position, taking ‘advantage of the vulnerability of the person having contol over ‘anathor person for the purpose of exploitation whieh includes at a {ninimum, the explatation or the prostitution of ethers or ather forms ‘of sexual exploitation, freed labor or services, slavery, servitude oF the removal or aaleof organs ‘The reeritment, transportation, transfer, basborng, adoption cx ep oa hin the pryos of expltaton oe the ‘option fs indiced by any form of consideration for exploitative parsyenes shall slo be considered a9 racking in person’ even Fit doesnot iavolve any of the means oct forth in the preceding paragraph” Section 9, #A 10968) ar pb ANS PROMOTING THE IGHTS OF TH CHILD [RA 10864 punishes four (4) classes of acts, namely 4a) Acts of human trafiking under Section 4; 1b) Acts Uhat promote human trafficking under Section & ©) Causing the publiestion of che identity of the victim in a fruman trafficking ease by the media under Setion 10; 4) Yseoftraficked persons under Section 1. ‘Acts which fall under the category of Qualified Traficking under Section 6 of RA 10364 carry the penalty of life imprisonment hd fine of not less than Two milion pesos (P2,000,000.00) but not ‘Mare than Five mailion pesos (P5,000,000.00). Under the 2018 expanded law on trafficking, accomplices and scoesories lao incur exiainal lability ‘A new section on the extraterritorial application of the I on tafiching is provided, az follows: ~ “The State shall exercise Jidediction over any act defined and ponelizod under this Act, even ‘Feommitted outside the Philippines and whether or not such actor [ieseonstitute an offense at the place of commission, the erime being {SSotinuing offense, having been commenced in the Philipines and Sher elements having been committed in another country, if the uxpect or accuse: (a) tee Filipino citizen; of {p) Tea permanent resident ofthe Philippines; or () Hascommited the act against a citizen of the Philippines, No prosecution may be commenced against « person under this section i a forelga goverment, in accordance with jurisdiction ‘eogalzod by the Philipines, has prosecuted ors prosecuting such ‘ewan for the eonduct eonstitating such offense, except upon the pprovelof the Socretary of Justice, the goverment may surrender or extradite persons accused of trafficking in the Philippines to the appropriata international court any, or to ancther State pursuant tothe applicable extradition laws and treaties.” (Section 28, RA 10964)CHAPTER XI ‘THE PROTECTION OF WOMEN'S RIGHTS UNDER PHILIPPINE LAWS XL A. THE RIGHTS OF WOMEN The Philippines has one ofthe bet records on women rights protection. a Tn tho World Ezanomie Forun'sGlbal Gondor Gap Rept 2012 the Phlppnes a No.1 in Asia nth education a of women, and is No.8 inthe gabe inden Piping wee a id well fn economic participation and opportunity and polit empoworment, Despite tho more open-minded culture of Filipinos women empowerment, there are til bigots even in some suppos “educated” sectors of society. For instanoe, in one forum on women ‘ights, one male publi official publily stated that he would “allow his wife to behave in a manner not acceptable t him.” domestic violence sil exists in some homes. of Discrimination Against ‘ho im ofthis convention i to gurante equal ight of sod women, This stn frtherane ofthe declraton in DERE tha ‘veryone sete fo the rights and econ without tinct of any ind, incaing tat based ono, noting that in “actin OF hove, women have the let acess foo, health, education training and eppertuntos for emplyment an eer need ad Spa tha hme nie tna icon equality between men and women.” ‘" came CEDAW enjoins State Parties to “take appropriate measures to moy the social end cattural pattems of conduct of mon and women, with a view to achleving the elimination ef prejudices and ‘customary and all other practices which are aed on the idea of the 7a on of WonEN LOS UNDER PATSPPNE LAS fsiority or te superiority of wither of the sexes oron stereotyped jes for men and won.” Article 6 of CEDAW further provides that, “States poties shall, all appropriate measure, including legislation, o suppress all M cof tafichin women and explolation of prostitution of women.” ‘The question is: Dues CEDAW violate the equal protection use oft Canstittion? As discussed in Chapter V under the topic Protection Clause, equality docs not mean uniformity, and for erg as the requirement for «valid classification are met, there pe reasonatle classification fr the application of law. However, fmort also be acknowledged that women are treated differently in ‘Eftrent countries. In some countries, women need mare protection hun in others In most of Scandinavia, women equality has almost, not already, been achieved, When equality has been achieved, iis {aly thatthe "tassifcatlon” would not be that crucial anymore, Si. A. 1, RAQ262 — ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 on Mare 8, 2004, the law punishing vilnes sgn women sar approved: Tt pisos “any ator eres of act commit Wrenn agus woman who fs his wie, former ior int a woman with whom tw parton hater ha sexual ot wean cinenchip or with hom be bas common child or asain ier cla wheter fgitinae or legitimate, wit o without the ‘Sy odo which resol in or itly to reoltin physic, ex, Sparel harm oreufering. or economic ebueineuding threats Pouch ect, batoy, aos coerion, harassment oF array Seprvaion bert 'RA9262 aloo provides fr remedies inorder to nsure the safety ‘nd security ofthe vietim, A temporary or permanent protection trder may be issued by the court if the situation calls for it, Ta trier to make the remedy more acessbl, the law even authoriz the barangage to issue the barangay protection order (BPO), for a limited duration of 15 days, after which the victim may ask another protection order from tho court.ne ofthe new proviso he lw i the spel fat circumstance of Battered Women Synitome (BS) whit txculpte« woman offender fom cima bility. Theva least by papciatrnta or paychnlogets i dart tea BWSina women, Datevenifshehas BW, sho may ellguncennl snd paler ge fa hen Out eh sreon who perpetrated the abuse against the woman st fi BBWS shall ot have cstdy over te minor deen ‘The Magna Carta of Women ‘The Magna Carta of Women (RA 9710) wan pated on Au 14, 209s slient featuresnclude hs mplementaton orev for women empowerment, the elimination of dscriminaton sos vrmen, gender suai and gender oy Worenenpowernen!*refrso the provision, vail sccuaility af oppartanien, sacs, aad shcrvane of fiend Hghis which enale women to asivelyparipats and cocina ithe politcal, economl, soy and cultural development of Anion an wel a5 those which shall provide test egal scene trrerohip management, and conelopraducnn esd noe {i nfrmalionl rescues sod bones in te fly, ome and society." Discrimination Against Women “refers to any gender-e Jeonsery and reasonable measures within his o: her rs proven or oprese se commifson of sabrait Tho matiar fo he competent euthortes or investigation si proseation Asuperine who isnot amiltary commander shall be criminally liable for erimes committed by his Other subordinates ander his oF hor lfectveaufhonty-and conta as a result of hie or her file to txesae such contol properly ovr the subordinates, where 4) The superior either know, or consciously disregarded {nformation which clearly diated, thatthe subordinates were commiting or about commit such eine; i) ‘The crimes concerned setivitios that were within the efiective responsiblity and contol of the superior, and1) ‘The superior filed to take all necessary and reasonable ‘measures within his or har power to prevent or reprees ‘their commission orto eubmit the matter fo the competent ‘authorities for investigation end prosecution. == Application of the “Command Responsil tocivilians nae In the cate of Prostar oA Mea which was decided by th international Coina elnal ef anda (CTH sian employer oncom fo Gente ani ce ene Tsisothe effective contol theory. The Con fod that Masemat mployecs tthe ten ftory parpated in ling ie Tuan rset hs owe but helo poet te ings inom eb he een preted nthe rampage ‘This cee fn prticlarly instracive because this shows ‘he fret ine that “Command Responsible ated ofincuring imine abit isnot limited miltary commanders Bu les pps tocvens, provided tat the other vege represent, CHAPTER XVIL INTERNATIONAL HUMANITARIAN LAW XVI A. DEFINITION International Humanitarian Law HL) is @ exliecton of tueaties ad acceptable practices which govern the conduct of war, the status, treatment, rights and obligations of belligerent a wel (Se neutral and allied States, and of institutions and individuals {nvolved in the armed confit whether as military personnel, health tnd relief providers, members af the media or as civilians. TEL isa st of rules “reeking to mit th suffering” caused to humanity by the conduct of war (ius in Bello}, and dior from the sors governing the grounds for resorting ta war, o us a bellu. XVII, B, TWO (2) COMPONENTS OF IEL ‘The to (2) main components of TAL are: 1, Thelases of war or armed confit, which were covered in The Hague Conventions of 1899 and 1907. These laws fefine combatants and lay down the rules of combat. 2, ‘The laa for the protection of the victims of war, which ‘were the focus of tho four (4) Geneva Conventions in 1949, XVII. C. APPLICATION OF IHL ‘nternetionsl Human Rights Law applies only daring an armed conflict whether domestie or international. An international srmed fonilct involves two or more stats, but it does not necessarily mean ‘hat the confit must be fought in or affet the teritoris ofboth States Thus, the war in iraq falls int the eatogory of international ftrmed confit even if it was fought solely within Iraq teritory ‘Ahvent any participation ofa foreign state, we could say that the trmed confiet im certain areas in Mindanso "was" (hopefully the peace pact works) a domestic armed confit. ‘iaeTwe ices anna Intnl en tayo 28 Ech sysattelueyXVUL D. ORIGIN OF TEL ‘The idea of humanitarian Taw originated from the efforts ‘and writings of a merchant named Henri Dunant, who, in June 1850, caw during hs travels thousands of wounded soldiers le8 te dio after the Battle of Solferino, He wrote the book "A Memory ot Solferino," which was published in 1862, where ho mado two (2) ‘appeals a) the creation of relief societies to eare for the wounded in war; an b) forthe recognition and protection of relief socitiea ‘ough an international agroement. This resulted in the creation of the “International Committee for Relief to the Wounded” the orerunner ofthe International Committeo ofthe Red Cross (CRO), ‘which operates the International Red Cross and Internetional Red CCrescant Movement."® XVIL. E, GENEVA CONVENTIONS At the behest of Dunant, the frst’ troaty of International Humanitarian Law wes entered at a Diplomatic Conference held in Geneva in 1868. This was called the “Genova Convention for the ‘Amelioration of the Condition of the Wounded in Armies in the ‘eld otherwise known es the 1864 Geneua Convention. The 1864 Geneva Convention is the first multiaterel treaty which binds the signing States with tho obligation to extend ‘are to wounded and sick military men (military personnel hors de ‘combat. Italo affords protection to mediel personnel, equipment, and transportation facies ofthe relief commitee. Ta vope of the ‘tronty, however, was limited to military personnel and only sppliod ‘tw epeci armed confit ‘The frst Geneva Convention was expanded in 1948, and three (8) othor conventions were adopted or revised in that year, to include in its coverago the protection to those wounded and shipwreckod at sea, the prisoners of war, and civilians i times of war. TWo (2) ‘protocols were added to the conventions in 1977 for international nd non-international conflicts, and a third protocol entered into {force on January 14, 2007 ‘The Toc ven cdo p38, 208 SEE wosoomaseae aw "The for (4) Geneva Conventions are: 1. Hisst Geneva Convention — Amelioration ofthe Condition (of the Wounded and Sik in Armed Forees in the Feld the "Wounded and Sick Convention” for short; 2. Second Geneva Convention — Amelioration of the Condition of Wounded, Sick and Shipwrecked Members "of Armed Forces at Sea, or the “Maritime Convention’; 8, ‘hind Geneva Convantion — Treatment of Prisoners of War, or the “Prisoners of War Convention”: 4. Fourth Geneva Convention — Protaction of Civilian Parsons in Timo of War or the “Cielane Convention.” XVII, F, THE HAGUE CONVENTIONS ‘The first Fague Convention asin 1898, initiated by Russia ‘The Russian delegation included Fyodor Marans, whoes remarks fater became part of the Preamble of the Hague Convention, now famously koown a8 the Martens Clause. ‘A second conference was held in 1907, to expand the frst convention. Mavens led the Russian delegation. Tbe matiers taken sp were the: 1) Pacific Settlement of International Disputes; 2) Limitation of Employment of Force for Recovery of Contract Debts; 3) Opening of Hostiities; 4) Laws and Customs of War on Land, 15) Rights and Duties of Neutral Powers and Persons in Case of War on Lands ©) Status of Enemy Merchant Ships at the Outbreak of stilts; 7) Conversion of Merchant Ships into Warships; 8) Laying of Automatic Submarine Contact Mines; 9) Borabandment by Naval Fore in Time of War;