Adrian Gabriel S.

Atienza

HR_Asynch3

1.

a. WON detention without warrant of arrest under Section 29 of the ATA is unconstitutional
for being an executive warrant of arrest.

No. When properly interpreted, Section 29 of the ATA does not permit executive warrants of
arrest or warrantless arrests based on mere suspicion. In accordance with Section 29, a person may be
detained without a warrant by law enforcement or military personnel for actions that are prohibited or
punishable by Sections 4 to 12 of the ATA, but only in the circumstances described in Rule 9.2, similar to
Section 5 of Rule 113 of the Rules of Court, arrest in flagrante delicto, arrest in hot pursuit, and arrest of
fugitives are all possible. Therefore, the government must apply for an arrest warrant with the
appropriate court when the conditions for a warrantless arrest under Section 5 of Rule 113 or Rule 9.2
are not met.

b. WON “Threat to Commit Terrorism” as penalized under Section 5 of the ATA

unconstitutional for vagueness or overbreadth in violation of the right to due process, free speech and
expression, to be informed of the nature of the cause and accusation against the accused, and non-
detention solely on political belief as well as freedom of religion, association, non-detention solely
based on political beliefs, and academic freedom; and violative of the prohibition against ex-post
facto laws and bill of attainders.

No. The Credible Threat Standard, which the IRR of ATA used, limits the application of Section 5
to communications made under conditions that suggest the threat is credible. Also, the Branderburg
Standard should be used in interpreting and applying Section 5's proviso. Therefore, statements or
communications can only be punished as threats if they are intended to spark off immediate acts of
terrorism, and are likely to do so.

2.

9 Core Human Rights Instruments Date of Adoption Salient Provisions

International Convention on All
Forms of Racial Discrimination
21 December 1965 Article 2
1. States Parties
condemn racial discrimination
and undertake to pursue by all
appropriate means and without
delay a policy of eliminating racial
discrimination in all its forms and
promoting understanding among
all races, and, to this end:
(a) Each State Party
undertakes to engage in no act or
practice of racial discrimination
against persons, groups of
persons or institutions and to en
sure that all public authorities
and public institutions, national
and local, shall act in conformity
with this obligation;
(b) Each State Party
undertakes not to sponsor,
defend or support racial
discrimination by any persons or
organizations;
(c) Each State Party shall
take effective measures to review
governmental, national and local
policies, and to amend, rescind or
nullify any laws and regulations
which have the effect of creating
or perpetuating racial
discrimination wherever it exists;
(d) Each State Party shall
prohibit and bring to an end, by
all appropriate means, including
legislation as required by
circumstances, racial
discrimination by any persons,
group or organization;

(e) Each State Party

undertakes to encourage, where
appropriate, integrationist
multiracial organizations and
movements and other means of
eliminating barriers between
races, and to discourage anything
which tends to strengthen racial
division.

2. States Parties shall,

when the circumstances so
warrant, take, in the social,
economic, cultural and other
fields, special and concrete
measures to ensure the adequate
development and protection of
certain racial groups or
individuals belonging to them, for
 the purpose of guaranteeing
them the full and equal
enjoyment of human rights and
fundamental freedoms. These
measures shall in no case en tail
as a con sequence the
maintenance of unequal or
separate rights for different racial
groups after the objectives for
which they were taken have been
achieved.

Article 3
States Parties particularly
condemn racial segregation and
apartheid and undertake to
prevent, prohibit and eradicate
all practices of this nature in
territories under their
jurisdiction.

International Covenant on Civil 16 December 1966 Article 1

and Political Rights 1. All peoples have the
right of self-determination. By
virtue of that right they freely
determine their political status
and freely pursue their economic,
social and cultural development.

2. All peoples may, for

their own ends, freely dispose of
their natural wealth and
resources without prejudice to
any obligations arising out of
international economic co-
operation, based upon the
principle of mutual benefit, and
international law. In no case may
a people be deprived of its own
means of subsistence.

3. The States Parties to

the present Covenant, including
those having responsibility for
the administration of Non-Self-
Governing and Trust Territories,
shall promote the realization of
 the right of self-determination,
and shall respect that right, in
conformity with the provisions of
the Charter of the United
Nations.

Article 3
The States Parties to the
present Covenant undertake to
ensure the equal right of men
and women to the enjoyment of
all civil and political rights set
forth in the present Covenant.
International Covenant on 16 December 1966 Article 1
Economic, Social, and Cultural 1. All peoples have the
Rights right of self-determination. By
virtue of that right they freely
determine their political status
and freely pursue their economic,
social and cultural development.

2. All peoples may, for

their own ends, freely dispose of
their natural wealth and
resources without prejudice to
any obligations arising out of
international economic co-
operation, based upon the
principle of mutual benefit, and
international law. In no case may
a people be deprived of its own
means of subsistence.

3. The States Parties to

the present Covenant, including
those having responsibility for
the administration of Non-Self-
Governing and Trust Territories,
shall promote the realization of
the right of self-determination,
and shall respect that right, in
conformity with the provisions of
the Charter of the United
Nations.

Article 3
The States Parties to the
present Covenant undertake to

Convention on Elimination on All
Forms of Discrimination Against
Women
ensure the equal right of men
and women to the enjoyment of
all economic, social and cultural
rights set forth in the present
Covenant.
18 December 1979 Article 2
States Parties condemn
discrimination against women in
all its forms, agree to pursue by
all appropriate means and
without delay a policy of
eliminating discrimination against
women and, to this end,
undertake:
(a) To embody the
principle of the equality of men
and women in their national
constitutions or other
appropriate legislation if not yet
incorporated therein and to
ensure, through law and other
appropriate means, the practical
realization of this principle;
(b) To adopt appropriate
legislative and other measures,
including sanctions where
appropriate, prohibiting all
discrimination against women;
(c) To establish legal
protection of the rights of women
on an equal basis with men and
to ensure through competent
national tribunals and other
public institutions the effective
protection of women against any
act of discrimination;
(d) To refrain from
engaging in any act or practice of
discrimination against women
and to ensure that public
authorities and institutions shall
act in conformity with this
obligation;
(e) To take all
 appropriate measures to
eliminate discrimination against
women by any person,
organization or enterprise;

(f) To take all appropriate

measures, including legislation, to
modify or abolish existing laws,
regulations, customs and
practices which constitute
discrimination against women;

(g) To repeal all national

penal provisions which constitute
discrimination against women.

Article 3
States Parties shall take
in all fields, in particular in the
political, social, economic and
cultural fields, all appropriate
measures, including legislation, to
ensure the full development and
advancement of women, for the
purpose of guaranteeing them
the exercise and enjoyment of
human rights and fundamental
freedoms on a basis of equality
with men.
Convention Against Torture and 10 December 1984 Article 2
Other Cruel, Inhuman, or 1. Each State Party shall
Degrading Treatment or take effective legislative,
Punishment administrative, judicial or other
measures to prevent acts of
torture in any territory under its
jurisdiction.

2. No exceptional
circumstances whatsoever,
whether a state of war or a threat
of war, internal political
instability or any other public
emergency, may be invoked as a
justification of torture.

3. An order from a
superior officer or a public
authority may not be invoked as

Convention on the Rights of the
Child
a justification of torture.
Article 4
1. Each State Party shall
ensure that all acts of torture are
offences under its criminal law.
The same shall apply to an
attempt to commit torture and to
an act by any person which
constitutes complicity or
participation in torture.
2. Each State Party shall
make these offences punishable
by appropriate penalties which
take into account their grave
nature.
20 November 1989 Article 2
1. States Parties shall
respect and ensure the rights set
forth in the present Convention
to each child within their
jurisdiction without
discrimination of any kind,
irrespective of the child's or his or
her parent's or legal guardian's
race, colour, sex, language,
religion, political or other
opinion, national, ethnic or social
origin, property, disability, birth
or other status.
2. States Parties shall
take all appropriate measures to
ensure that the child is protected
against all forms of discrimination
or punishment on the basis of the
status, activities, expressed
opinions, or beliefs of the child's
parents, legal guardians, or family
members.
Article 3
1. In all actions
concerning children, whether
undertaken by public or private
social welfare institutions, courts
of law, administrative authorities
or legislative bodies, the best

International Convention on the
Protection of the Rights of All
Migrant Workers and Members of
Their Families
interests of the child shall be a
primary consideration.
2. States Parties
undertake to ensure the child
such protection and care as is
necessary for his or her well-
being, taking into account the
rights and duties of his or her
parents, legal guardians, or other
individuals legally responsible for
him or her, and, to this end, shall
take all appropriate legislative
and administrative measures.
3. States Parties shall
ensure that the institutions,
services and facilities responsible
for the care or protection of
children shall conform with the
standards established by
competent authorities,
particularly in the areas of safety,
health, in the number and
suitability of their staff, as well as
competent supervision.
18 December 1990 Article 7
States Parties undertake,
in accordance with the
international instruments
concerning human rights, to
respect and to ensure to all
migrant workers and members of
their families within their
territory or subject to their
jurisdiction the rights provided
for in the present Convention
without distinction of any kind
such as to sex, race, colour,
language, religion or conviction,
political or other opinion,
national, ethnic or social origin,
nationality, age, economic
position, property, marital status,
birth or other status.
Article 64
1. Without prejudice to
 article 79 of the present
Convention, the States Parties
concerned shall as appropriate
consult and co-operate with a
view to promoting sound,
equitable and humane conditions
in connection with international
migration of workers and
members of their families.

2. In this respect, due

International Convention for the
Protection of All Persons from
Enforced Disappearance
regard shall be paid not only to
labor needs and resources, but
also to the social, economic,
cultural and other needs of
migrant workers and members of
their families involved, as well as
to the consequences of such
migration for the communities
concerned.
20 December 2006 Article 1
1. No one shall be
subjected to enforced
disappearance.

2. No exceptional
circumstances whatsoever,
whether a state of war or a threat
of war, internal political
instability or any other public
emergency, may be invoked as a
justification for enforced
disappearance.

Article 5
The widespread or
systematic practice of enforced
disappearance constitutes a
crime against humanity as
defined in applicable
international law and shall attract
the consequences provided for
under such applicable
international law.
Convention on the Rights of 13 December 2006 Article 3 - General principles
Persons with Disabilities The principles of the
present Convention shall be:
 a. Respect for
inherent dignity,
individual
autonomy
including the
freedom to make
one's own
choices, and
independence of
persons;
b. Non-
discrimination;
c. Full and effective
participation and
inclusion in
society;
d. Respect for
difference and
acceptance of
persons with
disabilities as
part of human
diversity and
humanity;
e. Equality of
opportunity;
f. Accessibility;
g. Equality between
men and women;
h. Respect for the
evolving
capacities of
children with
disabilities and
respect for the
right of children
with disabilities
to preserve their
identities.

Article 4 - General obligations

1. States Parties undertake

to ensure and promote
the full realization of all
human rights and
fundamental freedoms
for all persons with
disabilities without
discrimination of any kind
on the basis of disability.
To this end, States Parties
undertake:
a. To adopt all
appropriate
legislative,
administrative
and other
measures for the
implementation
of the rights
recognized in the
present
Convention;
b. To take all
appropriate
measures,
including
legislation, to
modify or abolish
existing laws,
regulations,
customs and
practices that
constitute
discrimination
against persons
with disabilities;
c. To take into
account the
protection and
promotion of the
human rights of
persons with
disabilities in all
policies and
programmes;
d. To refrain from
engaging in any
act or practice
that is
inconsistent with
the present
Convention and
 to ensure that
public authorities
and institutions
act in conformity
with the present
Convention;
e. To take all
appropriate
measures to
eliminate
discrimination on
the basis of
disability by any
person,
organization or
private
enterprise;
f. To undertake or
promote
research and
development of
universally
designed goods,
services,
equipment and
facilities, as
defined in article
2 of the present
Convention,
which should
require the
minimum
possible
adaptation and
the least cost to
meet the specific
needs of a person
with disabilities,
to promote their
availability and
use, and to
promote
universal design
in the
development of
standards and
guidelines;
g. To undertake or
 promote
research and
development of,
and to promote
the availability
and use of new
technologies,
including
information and
communications
technologies,
mobility aids,
devices and
assistive
technologies,
suitable for
persons with
disabilities, giving
priority to
technologies at
an affordable
cost;
h. To provide
accessible
information to
persons with
disabilities about
mobility aids,
devices and
assistive
technologies,
including new
technologies, as
well as other
forms of
assistance,
support services
and facilities;
i. To promote the
training of
professionals and
staff working
with persons
with disabilities
in the rights
recognized in this
Convention so as
to better provide
 the assistance
and services
guaranteed by
those rights.
2. With regard to economic,
social and cultural rights,
each State Party
undertakes to take
measures to the
maximum of its available
resources and, where
needed, within the
framework of
international
cooperation, with a view
to achieving progressively
the full realization of
these rights, without
prejudice to those
obligations contained in
the present Convention
that are immediately
applicable according to
international law.
3. In the development and
implementation of
legislation and policies to
implement the present
Convention, and in other
decision-making
processes concerning
issues relating to persons
with disabilities, States
Parties shall closely
consult with and actively
involve persons with
disabilities, including
children with disabilities,
through their
representative
organizations.
4. Nothing in the present
Convention shall affect
any provisions which are
more conducive to the
realization of the rights of
persons with disabilities
and which may be
 contained in the law of a
State Party or
international law in force
for that State. There shall
be no restriction upon or
derogation from any of
the human rights and
fundamental freedoms
recognized or existing in
any State Party to the
present Convention
pursuant to law,
conventions, regulation
or custom on the pretext
that the present
Convention does not
recognize such rights or
freedoms or that it
recognizes them to a
lesser extent.
5. The provisions of the
present Convention shall
extend to all parts of
federal states without
any limitations or
exceptions.

2.1. An optional protocol is a piece of legislation attached to an existing treaty that deals with
matters that the parent treaty does not or cannot adequately cover. Only States that are parties to the
parent treaty are typically, but not always, permitted to ratify or join. States are not required to join the
protocol even if they are signatories to the parent treaty, making it "optional" in this sense. Optional
Protocols to human rights treaties are treaties in and of themselves, and nations that have ratified the
main treaty may sign, accession, or ratify the optional protocol.

3. In accordance with international human rights treaties, the term "progressive realization" refers
to a key component of States' responsibilities in relation to economic, social, and cultural rights. At its
core is the responsibility to implement appropriate measures to fully realize one's economic, social, and
cultural rights using all available resources. The mention of "resource availability" reflects an
understanding that achieving the realization of these rights may take time and may be hampered by a
lack of resources. Additionally, it implies that a state's adherence to its duty to take appropriate action is
evaluated in light of the resources, financial and otherwise, at its disposal. Additionally, numerous
national constitutions permit the progressive realization of several social, cultural, and economic rights.
 Sometimes, the idea of progressive realization is misunderstood to mean that States are not
required to defend economic, social, and cultural rights until they have adequate resources. Instead, the
treaties place an immediate duty on all parties to take appropriate steps toward the full realization of
their economic, social, and cultural rights. Lack of resources cannot be used as an excuse for taking no
action or continuously delaying measures to implement these rights. Even in times of limited resources,
states must show that they are making every effort to improve the enjoyment of economic, social, and
cultural rights. For instance, regardless of the resources at its disposal, a State should prioritize ensuring
that everyone has access to, at the very least, minimum levels of rights and should focus programs to
protect the underprivileged, marginalized, and poor.