DEPARTMENT OR AGENCY NAME

International
Legal Instrument
International legal instruments” refers to different legal
international tools by which states establish rights and
obligations among themselves. This tools can be formal or
non Formal.

-Diversity of terminology and legal effects of international

instruments:

International formal instruments: treaties, agreements,

conventions, charters, they are legally binding and must
performed by the parties in good faith.

Non Formal instrument- customary law, general priciples

of law judicial decision, also known as soft law, can still
influence state behavior.
Treaty?
The definition of a treaty is a solemn agreement between two or more
parties signifying long standing promises mutual obligations and benefits
A ‘treaty’ is a formally concluded and ratified agreement between States.
The term is used generically to refer instruments binding at
international law, concluded between international entities (
States or Organization)
The 1969 Vienna Convention defines a treaty as ‘an international agreement
concluded between States in written form and governed by international law,
whether embodied in a single instrument or in two or more related instruments and
whatever its particular designation.
Essentials of Treaties, a treaty must be, a binding instrument, which
means that contracting parties intended to create legal rights and duties,
concluded by states or international organizations with treaty making
power , governed by the international law and should be in writing.
What is Convention?

A set of agreed , stipulated or

generally accepted social norms,
standards or criteria.

An accord between states or nations,

which resemble a treaty: ordinarily
applied to agreement prior to an
execution of an official treaty or which
serve as its foundation.

An agreement between states, sides,

or military forces, especially an
international agreement dealing on a
specific subject
3 types of intruments
-New convention
-Amendment
-Protocol
.
Bilateral/Multilateral treaties
-Bilateral treaties are concluded between two states of
entities.
-A multilateral treaty is concluded among several
countries, establishing rights and obligations between
each party and every other party.

-the term “convention” is generally used for formal

multilateral treaties with a broad number of parties.
Convention are normally open for participation by the
international community as a whole or by a large number
of States. Usually the instruments negotiated under the
auspices of an international organization are entitled
conventions.
 Difinition: The term is used for agreements less formal than those entitled
Protocol treaty or convention
Different type exist:
Protocol of signature: instrument subsidiary to treaty, and drewn up by
the same parties. It deals with secondary question such as the
interpretation of particular clauses of the treaty, formal clauses not
inserted in the treaty or regulation of technical matters.
Optional Protocol: instrument that establishes additional rights and
obligations to a treaty. Such protocols enable certain parties of the treaty
to establish among themselves a framework of obligations which reach
further than the general treaty and to which not all the parties of the
general treaty consent, creating a “two tier system”
Protocol based on a framework Treaty: instrument with specific
substantive obligations that implements the general objectives of a
previous convention. Such protocols ensure a more simplified and
accelerated treaty-making process and have been used particularly in
the field of international environmental law,
 Protocol to amend: instrument that contains provision that amend one of various former
treaties
Protocol as a supplementary treaty: instrument which contains supplementary provisions
to a previous treaty.
Process-Verbal: instrument that contains a record of certain understandings arrived at by
contracting parties.

Amendment
Definition: the term refers to the formal alteration of treaty provision affecting all the parties
to the particular agreement. Many multilateral treaties lay down specific requirements to be
satisfied for amendments to be adopted
Such as alteration must be effected with the same formalities that attended the original
formation of the treaty
Many multilateral treaties lay down specific requirements to be satisfied for amendments to
be adopted. In the absence of such provision, amendments require the consent of all the
parties.{Art. 40, Vienna Convention on the law of treaties of 1969}
TREATIES AND CONVENTIONS

Effects : Every treaty in force is binding upon the parties to it

and must be performed by them in good faith (art 26-Vienna
Convention on the Law of treaties 1969)- every member state
has to execute the treaty and has to take all measures in the
domestic law order to apply it
Forms: a treaty is a formal, legally binding written agreement
between actors in international law. It is usually made by and
between sovereign states and international organizations.
Adoption: takes place by the consent of all the States
participating, The consent of a State to be bound by treaty is
expressed by ratification.
In the case of multilateral treaties the usual procedure is for the
depositary to collect the ratifications of all states, keeping all
the parties informed of the situation
International Legal Instrument
Convention and Treaties (UNHR,
UNCRC,UNCEDAW, -ASEAN policies and/direction
Identify International
lnternational
legal instruments as bases of
Identify, discuss and
Philippine social welfare
critique selected existing
policies
social welfare laws and
policies that protect the Identify, discuss and
various sectors in critique selected
Philippine society existing programs and
services that respond
to specific clientele
needs in the Philippine
context
International Legal Instruments refer to agreements, conventions, treaties and policies
developed by international organizations such as the United Nations (UN) and regional
organizations like ASEAN (Association of Southeast Asian Nations,).These instruments aim to
establish standards, guidelines, and principles to govern the behavior of states and other
actors in various domains.

UNHR ( United Nations High Commissioner for Refugees) The UNHCR is a UN agency
responsible for protecting and providing assistance to refugees worldwide. The agency
works to ensure that refugees are granted rights, shelter, and access to essential services.
UNHCR is primarily guided by 1991 Refugee Convention and its 1967 protocol, which set
out the legal basis for the protection of refugees.

UNCRC (United Nations Convention on the Rights of the Child) The UNCRC is a human
rights treaty adopted by the UN General Assembly in 1989. It sets out the civil ,political,
economic, social , and cultural rights of children. The Convention focuses on protecting
children from discrimination, abuse, and exploitation, and ensuring their right to education,
healthcare, and a safe environment
 UNCEDAW (United Nations Convention on the Elimination of All Forms of
Discrimination against Women) UNCEDAW is an international treaty adopted by
the UN General Assembly in 1979. It is considered a landmark international
Instrument for promoting and protecting women’s rights. The convention
addresses various issues related to gender- based discrimination, violence against
women, political participation and access to education and healthcare.

ASEAN Policies. ASEAN is a regional organization comprising ten Southeast Asian countries .
ASEAN has developed various policies and agreements to promote regional cooperation,
economic, integration, and political stability. Some notable ASEAN Economic Community
Blueprint. and the ASEAN Socio Cultural Community Blueprint._

-It is important to note that while UN conventions and treaties are legally binding upon member
states. ASEAN policies are non binding for member states’ collaboration and cooperation
International Legal Instruments play a significant role in shaping the social welfare policies
of the Philippines. Here are some important international instruments that serve as basis for
Philippine social welfare policies

1. Universal Declaration of Human Rights (UDHR): Adopted by the United Nations General
Assembly in 1948 , the UDHR sets out fundamental human rights and freedoms to which
all individuals are entitled , regardless of nationality. The Philippines, as a member state of
the United Nations, incorporates the principles of the4 UDHR into its social welfare
policies.

"TO END POVERTY IN

ALL ITS FORMS EVERYWHERE."
2.Convention on the Rights of the Child (CRC): The CRC, adopted by the UN General
Assembly in 1989, outlines the rights of children. The Philippine is a signatory to CRC and
incorporated it into its laws and policies on child welfare, protection and development.
This convention emphasizes the importance of ensuring children’s well being, education,
healthcare, and protection from abuse i and exploitation.
3. International Covenant on Economic, Social, and Cultural RIghts (ICESCR) Ratified by the
Philippines in 1974, the ICSCR promotes the rights of individuals to an adequate standard of
living, including access to social security, healthcare, education, and adequate standard of
food, clothing, and housing. The principles enshrined in the ICESCR guide Philippine aqimed
at poverty reduction, education, housing and healthcare

4. Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW): The
CEDAW adopted by the UN General Assembly in 1979, seeks to eliminate discrimination
against women and promote gender equality. The Philippines, as a signatory to the CEDAW,
has integrated its provisions into domestic laws and policies related to gender- Based
violence, women ‘s empowerment an d health.

-While there are several other international legal instrument that influence Philippine social
welfare policies, these four are among the most significant in terms of their impact on human
rights, child welfare , economic well being, and gender equality. Through adherence to these
international standards, the Philippines strives to enhance the social welfare and well-being of
its citizens.
Policies that protect the various sector in Philippine
Society:
1. Magna Carta for Disabled persons (Republic Act No. 7277).
This law aims to provide equal opportunities and protection
for person with disabilities (PWDs).It outlines provisions for
their welfare, accessibility, and integration into various aspect
s of society . However, despite these efforts, there are
challenges in achieving full inclusion and addressing the
specific needs of PWDs
2. Senior Citizen Act (Republic Act No. 9994): This law grants benefits and privileges to senior
citizens, including discounts on goods and services, priority access to the government services, and
support for healthcare needs, However implementation and coverage issues still exist, with some
seniors not being able to fully benefit from this provision
Indigenous Peoples Rights Act (Republic Act No. 8371): This law recognizes and protect the rights of
indigenous peoples (IPs) in the Philippines. It aims to preserve their cultural heritage, promote self
governance, and ensure their participation in decision making processes
However, challenges remain, such as land rights disputes and the need for genuine consultation
with IPs on matters affecting their communities.
 Reproductive Health Law (Republic Act No.
10354): This law promotes universal access to
reproductive health services, including family
planning, maternal mortality rates, and address
population growth concerns. However, it remains
contentious and faces opposition from
conservative sectors, hindering its full
implementation.

Over all, while these laws and policies have made

strides in protecting various sectors of Philippine
society, several challenges still exist, insufficient
funding, implementation gaps, lack of awareness ,and
societal biases can undermine the effectiveness of
these measures. Continues evaluation Improvement,
and effective enforcement are necessary to ensure the
full protection and welfare of all sectors of society.
Programs and services have been developed to
respond to specific clientele needs:

1.Pantawid Pamilyang Pilipino Program (4Ps): This

conditional cash transfer program was implemented
by the Philippine government to alleviate poverty
and promote human capital development among
poor families.
It provides household, contingent upon fulfilling
certain conditions such as sending children to school
and availing healthcare services. While the program
has been successful in reducing poverty and
keeping children in school, there have been
concerns about its sustainability and potential
dependency among beneficiares
2. Phil health: As the National health insurance program , Phil health aims to provide affordable
and accessible health care to all Filipinos. It covers a significant portion of medical expenses,
ensuring that people have access to necessary healthcare services.

However , criticisms have emerged about the comprehensive coverage, quality of services, and
inefficiencies in the system. Issues such along waiting times and limited coverage for certain
conditions need to be addressed for better service delivery.
3. Technical Education and skill
Development Authority (TESDA) TESDA
offers technical-vocational education and
training programs to equip Filipinos with
relevant skills and boos their
employability.

These programs include courses in various

industries such as automotive,
construction, healthcare, and information
technology. While TESDA has been
instrumental in skill development, there is
a need for closer alignment with industry
demands to ensure that training programs
are effective in addressing specific job
market needs.
National Housing Authority (NHA). The NHA is
responsible for providing housing opportunities to
low-income Filipinos, particularly those living in
informal settlements. Through various programs such
as socialized housing initiatives and resettlement
projects, the NHA aims to address the housing needs
of marginalized communities.
However, the implementation of these housing
programs has faced challenges such as bureaucratic
processes, lack of infrastructure, and inadequate
access to basic services.

It is important to note that while these programs and

services have made significant efforts to address
specific clientele needs in the Philippine context,
Effective implementation, proper monitoring and
evaluation , and continuous adjustment based on
feedback from beneficiaries are crucial for ensuring
that these programs and services truly respond to the
needs of the Filipino people.