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Overview of Major

Human Rights
Instruments

Amparita S. Sta. Maria


Ateneo Human Rights Center
CONVENTION ON THE ELIMINAITON OF ALL
FORMS OF DISCRIMINATION AGAINST WOMEN

CONVENTION ON THE RIGHTS OF THE CHILD

INTERNATIONAL CONVENTION FOR THE


ELIMINATION OF ALL FORMS OF RACIAL
DISCRIMINATION

INTERNATIONAL CONVENTION ON THE


PROTECTION OF THE RIGHTS OF ALL MIGRANT
WORKERS AND MEMBERS OF THEIR FAMILIES
Standard-Setting
IndicatorsInstruments
Framework
Law reform
for Monitoring
State
StateCompliance
Policies Internationalized HRs
UN CHARTER Codification of HRs
-documentation
State Programs
and data (1945) Monitoring mechanisms
Implementation
gathering (Political Will?)
-through reporting 2 broad categories:
(State and NGO) UDHR civil & political rights
National Human Rights Situation (1948) and economic, social
and cultural rights

ICESCR CEDAW (1981) CRC


(1976) OP Ind. OP ICP and Inq. (1990) OP on
Comm. Proc. Proced. (2000) Sale/ P. / Porn.
(Draft) (1/02) CSAC
(2/02)
CERD CAT (1987)
ICCPR 1stOP (1969) ICP ICP and S to
(1976) 2nd OP
MWC
and S to S S Proc. July
(1991) Thru ICJ
2003
Meaning of Discrimination as a Human Rights
violation ----

x x x the Committee believes that the term


discrimination as used in the Covenant should be
understood to imply any distinction, exclusion,
restriction or preference which is based on any ground
such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or
other status, and which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or
exercise by all persons, on an equal footing, of all rights
and freedoms.

Non-discrimination : . 10/11/89.
CCPR General comment 18. (General Comments)
Non-discrimination : . 10/11/89.
CCPR General comment 18. (General Comments)

The enjoyment of rights and freedoms on an


equal footing, however, does not mean identical
treatment in every instance. For example, article
6, paragraph 5, prohibits the death sentence
from being imposed on persons below 18 years
of age. The same paragraph prohibits that
sentence from being carried out on pregnant
women. Similarly, article 10, paragraph 3,
requires the segregation of juvenile offenders
from adults.
Equality ALL Women and Men equally enjoy ALL rights
and freedoms; Does not mean equal treatment (formal
equality v. substantive equality)
Non-Discrimination on basis of race, color, gender,
language, disability, age, religion, political or other opinion,
national or social origin, property, birth or other status
Equality and Non-Discrimination
Aristotle: Like cases should be treated alike,
unalike cases should be treated unalike in
proportion to their unalikeness

Equality is not the same as equal treatment.

In case of deeply rooted privileges or


discriminatory attitudes against certain groups of
the population, mere prohibitions of discrimination
are insufficient to guarantee true equality.

Titia Leonen, Rethinking Sex Equality as a Human Right (with cited cases)
The accommodation of differences is the essence
of true equality.*
Those who are disadvantaged have to catch up in
order to achieve real equality of opportunity. Some
treaties (CEDAW and CERD) talk about positive
measures of protection that may be taken, such as
affirmative action or quota systems.
The treaties make it clear, however, that whatever
measures are taken should only be temporary:
once the purpose for which they were created is
achieved, they must be discontinued.
*Eldridge v. British Columbia, 151 D.L.R (4th) 577, citing Andrews v. Lake Society
of British Columbia
Non-Discrimination is articulated in the
Equal Protection clause

G.R. No. 160396. September 6, 2005


Philippine Ports Authority (PPA) Employees Hired after July
1, 1989 v. Commission on Audit, et al.
The principle of equal protection is not a barren concept that
may be casually swept aside. While it does not demand
absolute equality, it requires that all persons similarly situated
be treated alike, both as to privileges conferred and liabilities
enforced. Verily, equal protection and security shall be
accorded every person under identical or analogous
circumstances.
Central Bank (now Bangko Sentral ng Pilipinas) Employees Association, Inc. v. Bangko
Sentral ng Pilipinas, GR No. 148208, December 15, 2004.
Normative Content of Human Rights

The normative content of a particular right refers to the


specific standards protected by such right, that is, what
the right actually means.

When looking at the normative content of a particular


right, we obtain a clear picture of what specific issues
affecting human dignity should be improved in a
particular situation.

The normative content of human rights may be found


in jurisprudence and legislation.
NatiThe normative content of human rights may be found in
jurisprudence and legislation.
Child-related andLaws
onal Gender-sensitive
as ImplementsLegislation
of the CEDAW and CRC

1. 1987 Constitution Art. 2, sec. 14 - (role in nation-building and equality


of men and women before the law)
2. Family Code (joint administration of property; emancipation by 18)
3. Labor Code (night work; maternity benefits)
4. RPC Rape Law (RA 8353)
5. Special Laws/Rules
RA 7877 Anti-Sexual Harassment Law)
RA 8505, sec. 6 -Rape shield law
Rule on ECW Sec. 30 (SASR)
RA 7610 and 7658
6. RA 8972 - Solo Parents' Welfare Act Of 2000 - November 7, 2000
7. RA 9208 - Anti-Trafficking in Persons Act of 2003
8. RA 9231 - Anti-Child Labor Law signed into law Dec. 19, 2003
9. RA 9255 Use of Surnames took effect March 19, 2004
10. RA 9262 - Anti-Violence Against Women and Their Children Act of
2004 took effect on March 27, 2004
11. RA 9344 Juvenile Justice and Welfare Act of 2006
The Convention On
The Elimination Of All
Forms Of
Discrimination Against
Women
Ratified on August 05, 1981 and entered into force
for the Philippines on September 04, 1981.
What is CEDAW?
It is the acronym for the Convention on the
Elimination of All Forms of Discrimination
Against Women, a human rights treaty which
entered into force for the Philippines on
September 04, 1981.

Why a separate HRts Treaty for Women?


The International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural (ICESCR) -
preceded the CEDAW. However, they did not
necessarily reflect concerns which were specific
to women.
Article 23 of the ICCPR guarantees the right
of men and women of marriageable age to
marry and to found a family and to be
married only with free and full consent of
the intending spouses.

It did not deal, however, with the consequence


of women losing their nationality or citizenship
upon their marriage to foreigners.

Article 24 guarantees the right of every child


to acquire a nationality but was silent as to
whose nationality should be followed by the
child.
CEDAW, for its part enjoins States-
Parties to ensure x x x that neither
marriage to an alien nor change of
nationality by the husband during
marriage shall automatically change
the nationality of the wife, render her
stateless or force upon her the
nationality of the husband; and that
they shall grant women equal rights
with men with respect to the
nationality of their children.
(Article 9)
Similarly, Article 7 of the ICESCR guarantees
for women Fair wages and equal remuneration
for work of equal value and conditions of work
not inferior to those enjoyed by men, with equal
pay for equal work It further provides for
Rest, leisure and reasonable limitation of
working hours x x x.

CEDAW goes beyond these guarantees and


mandates in Article 11 that States Parties
prohibit dismissals in work on grounds of being
married or pregnant; and [t]o introduce
maternity leave with pay or with comparable
social benefits without loss of former
employment, seniority or social allowances.
Commitment of State Parties
to incorporate the principle of equality
of men and women in their legal system,
abolish all discriminatory laws and adopt
appropriate ones prohibiting
discrimination against women;
to establish tribunals and other public
institutions to ensure the effective
protection of women against
discrimination; and
to ensure elimination of all acts of
discrimination against women by persons,
organizations or enterprises.
THE MAJOR PROVISIONS OF CEDAW

The PREAMBLE links womens rights to


human rights.

Fundamental Human Rights = rights


accorded to both men and women

Equality between men and women = equal


access and opportunity leading to enjoyment
and benefit of the right conferred
Discriminatory practices impede the
participation of women in all aspects of the
life an equal basis with men
What Does CEDAW Provide?
Articles 1-5 General Substance
Framework of the Convention

Articles 6- Articles 17-23


16 Specific Committee and
Substantive Procedures
Areas

Articles 23-30
Administration,
Interpretation
The CEDAW Convention establishes a
framework that draws on three
over-arching principles.

1. SUBSTANTIVE EQUALITY
2. NON-DISCRIMINATION
3. STATE OBLIGATION
MAIN APPROACHES TO
EQUALITY

1. FORMAL EQUALITY
2. PROTECTIONIST APPROACH
3. SUBSTANTIVE EQUALITY
(CEDAW)
1. Formal Equality
Regards women and men as the same and
therefore treats them as the same (equal
treatment)
Does not take into account biological and
socially constructed differences;
Uses male standard; disregards womens
special needs
Assumes that women may be able to access
equal opportunities according to the same
rules as men
Puts the burden on women to perform
according to male standards
2. Protectionist Approach
Recognizes difference but considers
womens weakness as the rationale for
different treatment
Women lose opportunities to obtain a
varied range of opportunities due to
exclusion
Involves curtailment of womens rights
Precludes womens choice
Reinforces male and female stereotypes
and does not lead to social transformation
FAMILY CODE: Void Marriages

Article 35(2) Those solemnized by any


person not legally authorized to perform
marriages unless such marriages were
contracted with either or both parties
believing in good faith that the solemnizing
officer had the legal authority to do so.

Rationale of the Law: The Code Commission


reasons that the law seeks to prevent
unscrupulous chauvinistic males from
deceiving the girls, because they were made
to believe that they are going to be married
when marriage is not what they want
3. Substantive Equality
also Key Principle #1 in CEDAW
Recognizes difference and affirms equality
between men and women
Encompasses de jure and de facto equality
Places an obligation to correct the
environment that disadvantages women
Makes the playing field even by requiring
all initiatives to lead to:
- Equality of opportunities
- Equality of access
- Equality of results or benefits
CEDAW Key Principle #2:
NON-DISCRIMINATION

1. The convention establishes that


inequality is socially constructed.

2. Discrimination has to be actively


eliminated.

3. There has to be proactive measures to


bring about equality.
CEDAW defines discrimination against
women
Art. 1: For the purpose of the present Convention,
the discrimination against women shall mean
any distinction, exclusion or restriction made on
the basis of sex which has the
effect or purpose of
impairing or nullifying the recognition, enjoyment
or exercise by women,
irrespective of their marital status on a basis of
equality of men and women,
of human rights and fundamental freedoms in
the political, economic, social, cultural, civil or
any other field.
FORMS OF DISCRIMINATION
1. Direct or Indirect
-Intended or Unintended
-Facially-Neutral law/provision/condition
-Adverse Effect Discrimination

2. In law (de jure) or in practice (de facto)

3. Present, Past or Structural

4. Cross cutting and in all fields


(civil, cultural, economic, civil, political)

5. Intersectional
KEY PRINCIPLE #3: State Obligation
Legally binding obligations

Who is the State Party?


-ALL CONSTITUENT UNITS

Internal law is not an excuse for non-


compliance

A State is offering itself to scrutiny on


the basis of standards set forth in the
Convention
State Obligations
General Undertakings (Articles 2-5)
Specific Undertakings (Articles 6-16)

ARTICLE 2: Core State


Obligations

WITHOUT DELAY
ALL APPROPRIATE MEASURES
ALL RIGHTS
Embody the principle of equality in constitution
and laws
Ensure practical realization of the principle of
equality
Prohibit discrimination against women
Legal protection of women
Refrain from discrimination
Eliminate discrimination by any person,
organization or enterprise
Modify or abolish laws, regulations, customs and
practices that constitute discrimination
Repeal discriminatory penal provisions
Art. 115. The wife manages Art. 71. The
the affairs of the household. management of the
She may purchase things household shall be
necessary for the support of the right and the
the family, x x x. She may duty of both
borrow money for this spouses. The
purpose, if the husband fails expenses for such
to deliver the proper sum. management shall
The purchase of jewelry and be paid in
precious objects is voidable, accordance with
unless the transaction has the provisions of
been expressly or tacitly Article 70. (FC)
approved by the husband,
x x x. (New CC)
Art.4
1. Adoption by States Parties of temporary
special measures aimed at accelerating de facto
equality between men and women shall not be
considered discrimination as defined in the
present Convention, but shall in no way entail as a
consequence the maintenance of unequal or
separate standards; these measures shall be
discontinued when the objectives of equality of
opportunity and treatment have been achieved.

2. Adoption by States Parties of special


measures, including those measures contained in
the present Convention, aimed at protecting
maternity shall not be considered discriminatory.
For example, when the General
Appropriations Act was passed in 1995,
Section 27 mandated all government
departments, bureaus and agencies to
allocate five (5%) percent of their
budget for gender and development.
This has been known as the GAD
budget and this provision has been
retained in subsequent appropriation
acts. Through the GAD budget,
various gender-sensitivity trainings
have been conducted in order to
develop awareness on gender-related
issues and concerns.
Article 5 (a)
States Parties shall take all
appropriate measures:

(a) To modify the social and cultural


patterns of conduct of men and women,
with a view to achieving the elimination
of prejudices and customary and all
other practices which are based on the
idea of the inferiority or the
superiority of either of the sexes or on
stereotyped roles for men and women.
SEC.
Family
New 5. Acts
Code
Civil Codeof Violence Against Women and Their
Children.- The crime of violence against women and their
children
Article 73. is committed
Either spouse through
may any of
exercise thelegitimate
any following acts:
Art. 117. The wife may exercise any profession or occupation
profession,
or engage inoccupation,
e. Attempting
business. business
to However,
compel ortheor husband
activity without
compelling the
maywoman the or
object,
consent
her child
provided: of to
thex other.
x x desist
Thefrom
latterconduct
may object
which onlytheonwoman
valid, or
her child
serious, andhas the right
moral to engage in, or attempting to
grounds.
restrict or restricting the womans or her childs freedom
In of movement
(1)His
case income
of disagreement,or conduct
is sufficient for by
the theforce
court or decide
family,
shall threat of
according force,
to its or not:
whether
physical
social or other
standing, andharm or threat of physical or other
1)harm,
The objection is proper;
or intimidation and against the woman or
directed
child.
(2) His This shall
opposition include, but
is founded not limited
on serious to, grounds.
and valid
2)xBenefit
xx has x xaccrued
x to the
x x family
x prior to the objection or
Inthereafter.
case of disagreement
If the benefit on accrued
this question,
prior the parents
to the and the
objection,
grandparents
4. Preventing
resulting as wellshall
obligation as woman
the the
befamily council,
in engaging
enforced if in
against any,any
the shall be
separate
legitimate
consulted.
property profession,
of Ifthenospouse
agreement occupation,
who ishas
stillnot business
arrived at, the
obtained orcourt
activity
consent. willor
controlling
decide whatever the victims own money
may be proper and inorthe
properties,
best interestor of
solely
the controlling the conjugal or common money, or
family.
The foregoing provisions shall not prejudice the rights of
properties;
creditors who acted in good faith. (117a)
PT&T v. NLRC,(G.R. No. 118978, May 23, 1997) (on Article 136
Labor Code on Stipulation against Marriage):

Private respondent's act of concealing the true nature


of her status from PT&T could not be properly
characterized as willful or in bad faith as she did this
to retain a permanent job. In other words, she was
practically forced by that very same illegal company
policy into misrepresenting her civil status for fear of
being disqualified from work.

Moreover, corrective labor and social laws on gender


inequality have also emerged with more frequency in
the years since the Labor Code was enacted on May 1,
1974, largely due to our country's commitment as a
signatory to the United Nations Convention on the
Elimination of All Forms of Discrimination Against
Women (CEDAW)
Specific Undertakings

Art. 6 Trafficking and Prostitution


Art. 7 Political and Public Life
Art. 8 Participation and the International Level
Art. 9 Nationality
Art. 10 Education
Art. 11 Employment
Art. 12 Healthcare
Art. 13 Economic and Social Benefits
Art. 14 Rural Women
Art. 15 Equality Before the Law
Art. 16 Marriage and Family Life
Interpretative Tools
General recommendations
Authoritative interpretations of the Convention
Means for the CEDAW Committee to address
contemporary issues, develop standards and to
provide guidance to implementation
For example, GR 19 establishes that all forms of
VAW are prohibited.
Until date, the Committee has adopted 25
general recommendations

Concluding Comments
CEDAW and VAW
The Convention in article 1 defines discrimination
against women. The definition of discrimination
includes gender-based violence, that is, violence
that is directed against a woman because she is a
woman or that affects women disproportionately.
It includes acts that inflict physical, mental or
sexual harm or suffering, threats of such acts,
coercion and other deprivation of liberty.
Gender-based violence may breach specific
provisions of the Convention, regardless of
whether those provisions expressly mention
violence. (CEDAW GR No. 19)

(Framework Reference: IWRAW Asia Pacific Training Manual on


CEDAW Building Capacity for Change)
Countries that have ratified or
acceded to the Convention are
legally bound to put its
provisions into practice. They
are also committed to submit
national reports, at least every
four years, on measures they
have taken to comply with their
treaty obligations.
State Parties
Reservations to CEDAW
Philippines Country Report
The Reporting Procedure
States parties have to submit a
national report to the Committee
within one year of accession or
ratification of CEDAW and
thereafter every 4 years or when the
Committee requests. In the reports,
States must indicate the measures
they have adopted to give effect to
the provisions of the CEDAW. The
Committee discusses these reports
with Government representatives and
explores areas for further action by
the specific country.
The interstate procedure
Under article 29 of CEDAW, two or
more State parties can refer
disputes about the interpretation and
implementation of CEDAW to
arbitration, and if the dispute is not
settled, it can be referred to the
International Court of Justice. This
procedure is subject to a large
number of reservations and has never
been used .

What is the Optional Protocol?


The Optional Protocol was adopted on
6 October 1999. It is a 21-article
document that calls on States Parties
to recognize the competence of the
CEDAW as the body that monitors
their compliance with the Convention
an receives and considers complaints
from individuals or groups within its
jurisdiction.
The Convention's Optional
Protocol on the development of
jurisprudence on women's
human rights has two major
provisions: the communications
procedure and the inquiry
procedure.
The communications procedure
provides individuals and groups
of women the right to complain
straight to the CEDAW and at
the same time, the inquiry
procedure enable the CEDAW
to conduct an inquiry into grave
or systematic abuses of
women's rights in member
countries.
Features of the Optional Protocol
to CEDAW, especially appropriate
to women are:
the Optional Protocol to CEDAW has an
inquiry procedure,
individuals, groups of individuals and NGOs
may have standing to submit
communications,
the Optional Protocol to CEDAW
incorporates a settlement procedure which
would allow the Committee to facilitate
settlements of disputes in some
circumstances.
Under a communications procedure,
the Committee will be able to focus
on individual cases when
considering CEDAW. It would be
able to say what is required from
States in individual circumstances.
This would help States to
understand better the meaning of
the obligations they have
undertaken by acceding to CEDAW.
The Committee's views on
communications would amount to what
is called jurisprudence. Jurisprudence
is the term used for a body of case law
about any particular subject. It is used
for guidance in interpreting laws.
Jurisprudence from communications
would provide clarification and guidance
for States and for individuals about
States' obligations under CEDAW.
The Optional Protocol should
encourage States to implement
CEDAW to avoid complaints
being made against them. The
possibility of complaints being
made might also be an incentive
for States to provide more
effective local remedies.
Under the Optional Protocol, the
Committee would be able to
request the State party concerned
to take specific measures to
remedy violations of CEDAW.
Requests might include:
-the amendment of legislation,
-stopping discriminatory practices,
-implementing affirmative action
measures.
The Convention on the Rights of
the Child

Ratified on August 21,


1990 and entered into
force for the Philippines
on September 20, 1990.
It entered into force on 2 September 1990.

The first UNIVERSAL


LEGALLY BINDING code of
child rights in history
MOST RATIFIED UN
treaty/convention
UNPRECEDENTED RAPIDITY
in signing and entry into force
MOST COMPREHENSIVE
International human rights instrument
INTERDEPENDENCE &
INDIVISIBILITY of childrens rights

Lays down common standards but


flexible in implementation

CULTURE SENSITIVE

Incorporates NEW ATTITUDES


towards children
The Convention on the Rights
of the Child reflects a new
vision of the child.
Children are neither the property of their
parents nor are they helpless objects of
charity. They are human beings and are
the subject of their own rights.

The Convention offers a vision of the child


as an individual and as a member of a
family and community, with rights and
responsibilities appropriate to his or her
age and stage of development.
OPTIONAL PROTOCOL ON THE
INVOLVEMENT OF CHILDREN IN
ARMED CONFLICT
On 25 May 2000, the United Nations
General Assembly adopted by
consensus an Optional Protocol to
the Convention on the Rights of the
Child on the involvement of children
in armed conflict which raises from
15 to 18 years the age of direct
participation in armed conflict and
establishes a ban on compulsory
recruitment below 18 years.
The Optional Protocol sets 18 as the
minimum age for compulsory
recruitment. It does not establish 18
as a minimum age for voluntary
recruitment.
It entered into force on 12 February
2002
It entered into force for the
Philippines on 26 September 2003
OPTIONAL PROTOCOL ON THE SALE
OF CHILDREN, CHILD PROSTITUTION,
& CHILD PORNOGRAPHY

There is special emphasis on


the criminalization of serious
violations of childrens rights:
Sale of children
Illegal adoption
Child prostitution
Pornography
It stresses the value of international
cooperation as a means of
combating these transnational
activities, and public awareness,
information and education
campaigns to enhance the
protection of children from these
serious violations of their rights.

The Optional Protocol was


ratified by the Philippines on 28
May 2002 and entered into force on
28 Jun 2002
Definition of a Child

Article of the CRC a child


means any human being
below 18 years, unless under
the law applicable to the
child, majority is attained
earlier
RA 6809 age of majority is
18 yrs.
CONVENTION ON THE RIGHTS OF THE CHILD

Non-discrimination

Best Interest of the Child

Parental Guidance and Evolving


Capacities of the Child

Right to Life and Maximum Survival


and Development

Respect for the Views of the Child


Non- discrimination
Article 2 CRC all rights apply to
children without exception
Respect and ensure the rights for
each child without discrimination,
irrespective of race, colour, sex,
language, religion, political or other
opinion, national, ethnic, or social
origin, property, disability, birth or
other status.
The Family Code, in line with the non-
discriminatory principle, has increased
the share of the inheritance of illegitimate
children. RA No. 9255 (March 19, 2004)
Illegitimate children can use surname of
father if duly acknowledged. Further, the
legitime of each illegitimate child shall
consist of one-half of the legitime of a
legitimate child."

RA 7610 provides that it is the policy of the


State to provide special protection to
children from all forms of abuse, neglect,
exploitation and discrimination
Best Interest of the Child
Article 3, CRC in all actions concerning
children, the best interests of the child
shall be the primary consideration
this shall be a primary consideration
in all actions concerning children,
whether undertaken by public or
private social welfare institutions,
courts of law, administrative
authorities or legislative bodies
Gualberto v. Gualberto, G.R. No. 154994,
June 28, 2005 (on custody and the best
interest of the child and tender years doctrine)

The best interest of the child


pervades Philippine cases involving
adoption, guardianship, support,
personal status, minors in conflict
with the law, and child custody. In
choosing the parent to whom custody
is given, the welfare of the minors is
always the paramount consideration.
PARENTAL GUIDANCE AND EVOLVING
CAPACITIES OF THE CHILD

respect the responsibilities of the


parents or the members of the
extended family/community, legal
guardians or other persons
legally responsible for the child,
to provide, in a manner
consistent with the evolving
capacities of the child, appropriate direction
and guidance in the exercise by the child of
the rights recognized in the CRC.
RIGHT TO LIFE AND MAXIMUM
SURVIVAL AND DEVELOPMENT

Every child has the inherent right to life.

Ensure to the maximum extent possible


the survival and development of the
child.
RESPECT FOR THE VIEWS
OF THE CHILD
A child capable of forming his/her
own views is assured the right to
express those views freely in all
matters affecting the child.

The view is given due weight in


accordance with the age and
maturity of the child.
Four Main Groups of Rights
Under the Convention

Survival Rights
Protection Rights
Participation Rights
Development Rights
SURVIVAL RIGHTS
Right to Life
Right to Adequate Standard of Living
Right to Health
Right to Parental Care and Support
Right to Social Security
Right to life Article 6 of the CRC
Every child has an Par. 9 of the Preamble
inherent right to life of the CRC recognizes
& the State have an the need of the child for
obligation to ensure special protection before
the childs survival as well as after birth
& development

RA No. 9344, Sec. 59


Article II, Sec. 12 1987
Notwithstanding RPC,
Constitution mandates
DDA and other special
the State to protect the
laws, no DEATH
life of the unborn from
PENALTY shall be
the moment of
imposed on CICL.
conception
Right to Adequate Standard
of Living Art. 27 of the CRC

Parents have primary


responsibility to ensure
that the child has
adequate standard
of living.
Right to Health
Articles 24 and 25
The child has a right to the highest
standard of health and medical care
attainable. The State shall encourage
international cooperation and strive to see
that no child is deprived of access to effective
health services.

A child who is placed by the State for reasons


of care, protection or treatment is entitled to
have that placement evaluated regularly.
Right to Parental Care &
Support
Article 5 CRC responsibilities of
parents and extended family to
provide guidance for the child
consistent with his or her evolving
capacities

Article 9 CRC childs right to


parental care
Article 18 CRC joint parental
responsibility for the upbringing
of the child
The Convention upholds the parents
primary responsibility for their
children and places on governments
the responsibility to assist them
Right of a child to live with his/her family
Article 9 of the CRC recognizes the right
of a child who is separated from one or
both parents to maintain personal
relations and direct contact with both
parents on a regular basis
The right of a child to reunification with
his/her family is also recognized in Article
10 of the CRC
Exceptions:
When competent authorities
determine that separation from
his parents is necessary for the
best interest of the child

Art. 141 (4)(b) of PD 603


voluntary commitment of a child
Right to Social Security
Art. 26 of the CRC

Social security services pertain to


educational and medical health
PROTECTION RIGHTS:
On Child Abuse and Maltreatment
Encompasses all forms of physical,
psychological, or mental violence including
incest and sexual abuse
Sec. 61, RA No. 9344 (v. Cruelty and
Degrading Treatment of CICL)
RA 7610: Special Protection of Children
Against Child Abuse, Exploitation, and
Discrimination Act, 1992 Amended by RAs
7658, 9231 (incorporated worst forms of child
labor)
On Sexual Abuse and Exploitation
Child Prostitution
-RA 7610 did away with elements of
consent and/or reputation
To protect the childs right to be heard in
judicial proceedings, the law tasks the
prosecutor in a child abuse case to take steps
to exclude the public during the giving of
testimony of the child victim, taking into
consideration the age, psychological maturity
and understanding of the child victim, the
nature of the unlawful acts committed, the
desire of the victim and the interests of the
childs family.
On Child Abduction, Sale,
Trafficking, and Illicit Transfer
sale and trafficking in children are dealt
with in Art. IV of RA 7610 and expanded
in RA 9208.

On Children in Emergency
Situations
children in situations of armed conflict
a. welfare of the children
b. special treatment of child combatants
PARTICIPATION RIGHTS
Right to Opinion
Right to Freedom of Expression
Right to Freedom of Thought, Conscience
and Religion
Right to Freedom of Association
Right to Privacy

RA No. 9344 Participation in the


Diversion Process and Program
Right to Opinion
Article 12

1.State Parties shall assure to the child who is


capable of forming his or her own views the
right to express those views freely in all
matters affecting the child the views of the
child being given due weight in accordance
with the age and maturity of the child.

2. For this purpose the child shall in particular


be provided the opportunity to be heard in
any judicial and administrative proceedings
affecting the child, either directly, nor
through a representative or an appropriate
body, in a manner consistent with
procedural rules of national law.
Right to Freedom of Expression
Article 13
1. The child shall have the right
to freedom of expression; this right
shall include to seek, receive and
impart information and ideas of all
kinds, regardless of frontiers,
either orally, in writing or in print,
in the form of art, or through any
other media of the childs choice.
Right to Freedom of Thought,
Conscience and Religion
Article 14
1. State Parties shall respect the right
of the child to freedom of thought,
conscience and religion.

2. State Parties shall respect the rights


and duties of the parents and, when
applicable, legal guardians, to provide
direction to the child in the exercise of
his or her right in a manner consist with
the evolving capacities of the child.
Right to Freedom of
Association

Article 15
1. State Parties recognize the
rights of the child to freedom of
association and to freedom of
peaceful assembly.
Right to Privacy
Article 16
1. No child shall be subjected to
arbitrary or unlawful interference with
his or her privacy, family, home or
correspondence, nor to unlawful
attacks on his or her honour or
reputation.
2. The child has the right to the
protection of the law against such
interference or attacks.
RA No. 9344 prohibition against Labeling
and Shaming of CICL (Sec. 60)

RA 7610 includes in its remedial


procedures several provisions
protecting the privacy of children who
are victims of abuse and exploitation.
- name may be withheld from the public
- disclose any information regarding a
child which may result in the moral
degradation and suffering of the
offended party.
People of the Philippines Vs. Melchor
Cabalquinto G.R. No. 167693.
September 19, 2006

the Court has resolved to refrain from


posting in its Internet Web Page the
full text of decisions in cases involving
child sexual abuse x x x.
Development Rights

Right to Information
Right to Education
Right to Leisure, Recreation and
Cultural Activities
Right to Information

Article 17 - The Convention mandates


States Parties to support the mass media in
providing information and materials which
have a social and cultural benefit to the child
and which come from a wide variety of
cultural, national and international sources.
States Parties are also encouraged to
produce informative books, programs and
materials for children that will enhance their
value as persons and develop in them
respect for the rights of others.
Right to Education
Articles 28 and 29 - Every child has the
right to an education commensurate with
his abilities and to the development of his
skills. Parents have the primary duty to
ensure that their children receive proper
education to develop their intellect.
Schools and other entities engaged in
non-formal education shall assist the
parents in providing their children with
the best education. The State, in its role
of parens patriae, completes the three
pillars in this responsibility.
Right to Leisure, Recreation
and Cultural Activities
Article 31 - The State recognizes the
right of every child to full opportunities
for safe and wholesome recreation
and activities, individual as well as
social, for the wholesome use of his
leisure hours.

Module Developed through the assistance of AKAP and Ms. Luisa Fernandez
International Convention for the
Elimination of all Forms of Racial
Discrimination (ICERD)

Ratified by the Philippines on 15 September


1967 and entered into force for the
Philippines on 04 January 1969
Introduction

Adopted by UN General Assembly in 1965.


Widely seen as a response to apartheid
regime in South Africa.
ICERD gave the international regime a tool
to combat racism within states
One of the most widely ratified Human
Rights convention.
Overall Objectives of ICERD
To prevent racial discrimination, hatred and
violence
Require states to carry out a variety of
measures to prevent discrimination by public
institutions
Right to equal protection before the law
Right of racial and ethnic groups to enjoy their
own culture, practice their own religion, and
use their own language
Content of ICERD

Two Main Parts:


Articles 1-7 set forth the legal obligations of
state parties
Second part describes the composition of
the party that monitors the implementation
of the Convention (CERD)
Article 1

Defines racial discrimination:


any distinction, exclusion, restriction or
preference based on race, color, descent, or
national or ethnic origin which has the purpose or
effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of
human rights and fundamental freedoms in the
political, economic, social, cultural or any other
field of public life
Article 1 (cont.)
The original concern of the convention was
largely non-discrimination in the context of
colonialism and white domination. The final
Convention went much further, covering a wide
variety of discrimination based on race, color,
and national or ethnic origin.
CERD has held that descent does not only
refer to race, but can include various minority
groups and indigenous peoples.
Establishing Membership

Unless justification exists to the


contrary, CERD maintains that
membership in a racial or ethnic group
should be based on self-identification
Non-Citizens
Articles 1.2 and 1.3 allow States to differentiate
between citizens and non-citizens
However, CERD takes the position that the
Convention is generally applicable to immigrants
and foreigners as well.
This position is a reaction to immigration policies
that appear to be inherently discriminatory.
Intention of Acts - Irrelevant

ICERD covers acts whose results may


unintentionally lead to discrimination.
If the purpose or effect of an act impairs
rights or freedoms, it is covered by the Act.
Article 2.1 - State Obligations
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 ensure that
all public authorities and public institutions, national
and local, shall act in conformity with this obligation;
[]
Article 2 (cont.)
Article 2 places an obligation on government
to ensure no discrimination takes place, and
to review existing national and local policies
to ensure compliance.
Note that Article 2(a) includes groups of
persons. It not only protects individuals, but
also protects minority groups and indigenous
peoples.
Other Articles
Article 3: Prevention of racial
segregation and apartheid
Article 4: Racist propaganda,
organizations and activities
Article 5: Equality in the enjoyment of
rights, including civil, political,
economic, social and cultural rights
Article 6: Judicial recourse and
compensation.
Article 7: Education and information
Indigenous Rights
The recognition of a variety of indigenous peoples
rights flows emanates from the right of effective
participation in Article 5(c) of ICERD
In 1997, CERD issued general recommendations
pertaining to indigenous rights. It confirmed that the
Conventions obligations require States to:

Recognize and respect Indigenous distinct culture,


and promote its preservation
Ensure that members of Indigenous peoples are
free and equal and free from any discrimination,
particularly that based on their Indigenous identity.
Indigenous Rights (cont.)
Provide Indigenous peoples with conditions allowing for
sustainable economic and social development
compatible with their cultural characteristics;
Ensure equal participation in public life;
Ensure that Indigenous communities can exercise their
rights to practice and revitalize their cultural traditions
and customs, to preserve and to practice their
languages;
Recognize and protect the rights of Indigenous peoples
to own, develop, control and use their communal lands
and territories and resources and, take steps to return
lands that have been deprived without their informed
consent, and when impossible, to provide fair and
prompt compensation.
General Recommendation 23, CERD Committee, 1997
Impact of ICERD
ICERD has impacted countries in a variety of ways,
including:
Amendments to national constitutions to include
provisions against racial discrimination
Systematic reviewing of existing laws and regulations
to satisfy requirements of the Convention
Creation of institutions and agencies to deal with
problems of racial discrimination and to protect
interests of indigenous groups
Legal guarantees and enforcement procedures
against discrimination relating to security of persons
CERD
In connection with the statement that racial discrimination,
as defined under article 1, paragraph 1, of the Convention,
is alien to the prevailing mores and culture of the Filipino
people; that racial discrimination similar to what was
practiced in South Africa, has never officially or factually
existed in the Philippines, neither in a systemic nor formal
nor intermittent nor isolated manner, and hence, there
have never been any references to the existence of a
discriminatory policy on racial grounds nor have there
been any allegations of instances of racial discrimination
as a specific kind of human rights violation in the
Philippines, even before or immediately after the
Philippines adopted and ratified the Convention on 21
December 1965 and 15 September 1967, respectively ---

Summary of the Latest Observations and Recommendations by Treaty Bodies 2002


The Committee emphasizes that the scope of article 1,
paragraph 1, of the Convention covers [discrimination] in the
political, social, cultural or any other field of public life.

HENCE,
The lack of specific disaggregated data concerning the
economic and social situation of and existing disparities
between various indigenous communities and ethnic tribes
living in the country makes it difficult to assess the extent to
which they enjoy the rights listed in the Convention.
There is no information in the report on the specific laws
and practice with respect to the implementation of article 5
of the Convention, especially with respect to the enjoyment
of those rights by members of the indigenous cultural
communities and the Muslim Filipinos.
Summary of the Latest Observations and Recommendations by Treaty Bodies 2002
Isagani Cruz and Cesar Europa v. Sec. of Environment and Natural Resources, et al. G.R.
No. 135385 Dec. 6, 2000

ILO Convention 169- the Convention Concerning Indigenous


and Tribal Peoples in Independent Countries is based on the
Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, and many
other international instruments on the prevention of
discrimination.

Developments in international law made it appropriate to


adopt new international standards on indigenous peoples
with a view to removing the assimilationist orientation of the
earlier standards, and recognizing the aspirations of these
peoples to exercise control over their own institutions, ways of
life and economic development.
Footnotes omitted
Module by Atty. A. Sta. Maria and Mr. Seth Earn
The International Convention on the
Protection of the Rights of All Migrant
Workers and Members of Their Families

Office of the United Nations High


Commissioner for Human Rights
Migrant Workers

Migration Trends

Approximately 175 million


international migrants *

Approximately 2.0 % of the worlds


population, or one in every 35
persons are international migrants **

* United Nations Population Division, 2000


** International Organization for Migration, 2003
Migrant Workers

UN Commission on Human Rights

Special Rapporteur on the human


rights of migrants

Special Rapporteur on trafficking


in persons, especially on women
and children
Migrant Workers

About the Convention


In December 1990,
the GA adopted the International
Convention on the Protection of
the Rights of All Migrant Workers
and members of Their Families and
it was opened for signature by all
Member States.
Ratified by the Philippines on 05 July 1995 and
entered into force for the Philippines on 01 July 2003
Migrant Workers

Entry into Force


The Convention entered into
force on 1 July 2003

Status of Ratification
32 States are party to the
Convention as of 14
September 2005
Migrant Workers

Scope of the Convention

A Comprehensive International
Treaty
Sets standards that are applicable
in individual States Parties
Reflects existing principles
established by previous human
rights instruments
Migrant Workers

Scope of the Convention

Defines the rights of migrant


workers before departure, in transit,
and in the country of employment

Establishes obligations for


countries of origin, transit, and
employment
Migrant Workers

Definition of Migrant Worker


Article 2, Para. 1:

a person who is to be engaged,


is engaged or has been engaged
in a remunerated activity in a
State of which he or she is not a
national
Migrant Workers

MWs are considered either:


Article 5:

(a) Documented
or in a regular situation if they are
authorized to enter, to stay and to engage
in a remunerated activity in the State of
employment pursuant to the law of that
State and to international agreements to
which that State is a party;
Migrant Workers

MWs are considered either:


Article 5:

(b) Non-Documented
or in an irregular situation if they do
not comply with the conditions
provided for in subparagraph (a) of the
present article
Migrant Workers

Basic Principle

Non-Discrimination
Migrant Workers
Rights of all migrant workers and members of
their families
General Human Rights: Such as

-Right to life (Art. 9)


-Prohibition of torture or cruel, inhuman or
degrading treatment (Art. 10)
-Prohibition of slavery (Art. 11)
-Freedom of thought, conscience & religion (Art. 12)
-Freedom of opinion & expression (Art. 13)
-Right to liberty and security of person (Art. 16)
Migrant Workers
Rights of all migrant workers and members of
their families
Specific Human Rights: Such as

-Protection from the destruction of IDs and other


documents (Art. 21)
-Prohibition of collective expulsion (Art. 22)
-Right to participate in trade unions (Art. 26)
-Right to receive urgent medical care (Art. 28)
-Right of child to a name, to registration of birth, to a
nationality, and access to education (Art. 29, 30)
Migrant Workers
Rights of documented migrant workers and
members of their families
Such as

-Right to form associations and trade unions (Art. 40)


-Right to participate in public affairs and elections of
their state of origin (Art. 41)
-Protection of the unity of the families of migrant
workers (Art. 44)
Migrant Workers

Committee on Migrant Workers:


Article 72, Para 1:

The CMW is the body of


independent experts that
monitors implementation of the
Convention by its States Parties
Migrant Workers

Duties of States Parties


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
Migrant Workers

Duties of States Parties


Article 83:

States Parties to the Convention


undertake to:

Ensure that migrant workers


whose rights have been violated
shall have an effective remedy
Migrant Workers

Duties of States Parties


Article 84:

States Parties to the Convention


undertake to:

Adopt the necessary measures


to implement the provisions of the
Convention
Migrant Workers

Duties of States Parties


Article 73:

States Parties to the Convention


undertake to:

Submit regular reports to the


Committee on Migrant Workers
(CMW) on how the rights are
being implemented
Migrant Workers

Challenges

1- Promotion of the rights in


the Convention
2- Removing obstacles to the
ratification of the Convention
3- Implementation
Philippine Transmarine Carriers, Inc. v. National Labor
Relations Commission, et al G.R. No. 123891. February 28, 2001

Strict rules of evidence are not applicable in claims


for compensation.

The POEA Standard Employment Contract for


Seamen is designed primarily for the protection
and benefit of Filipino seamen in the pursuit of
their employment on board ocean-going vessels.
Its provisions must, therefore, be construed and
applied fairly, reasonably and liberally in their
favor. Only then can its beneficent provisions be
fully carried into effect.
Footnotes omitted
THE END
MARAMING SALAMAT!