HANNAH PERCIVAL B.

DESCALLAR JD II CHAPTER VI HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS

INTERNATIONAL INSTRUMENTS ADOPTED TO PREVENT OR REDUCE THE VIOLATION OF THEIR HUMAN RIGHTS IN VULNERABLE GROUPS

FACTORS OR REASONS WHY THEY ARE VULNERABLE TO VIOLATIONS OF HUMAN RIGHTS

CONCRETE EXAMPLES OF EACH SECTOR

LAWS ENACTED TO ASSIST THOSE WHOSE RIGHTS ARE VULNERABLE TO HUMAN RIGHTS VIOLATIONS VAWC

WOMEN CHILDREN

1. Macho culture 2. Strength 1. Age

Battered women 1. Unborn children being subject to abortion 2. Failure to provide an adequate standard of living for the child Convention on the Rights of the Child of 1989 Art. 3 Convention on the Child

Child and Youth Welfare Code of the Philippines: In all questions regarding the care, custody, education and property of the child, his welfare shall be of paramount consideration. Republic Act. 7610 "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act" Art. 335 of RPC sexual abuse committed by the father on his child

2. Mental Immaturity

3. Child Abuse, Maltreatment and Abandonment

Art. 9, Convention on the Child

4. Statutory Rape

Republic Act No. 8353 - The public prosecutor can file the case against the offender even without the complaint of the victim Art. 335, Par. 3 RPC. When rape is committed against a girl under 12 yrs of age, force or intimidation need not be established. Art. 34, Convention on the Rights of the Child Art. 35, Convention on the Rights of the Child Art.22 and 38, Convention on the Rights of the Child.

5. Sexual Abuse and Exploitation 6. Abduction, sale, Trafficking and Illicit Transfer of Children 7. Children in Emergency situations

Art. 270 RPC. See RA 7610 Sec. 2, RA 7610 obliges the State concerned to declare children as "zones of peace."

8. Recruitment of Children in Warfare

9. Family Environment YOUTH social, civic and political issues

Protocol II to the Geneva Convention sets a minimum age of 15 year for recruitment of children into the Armed Forces Art. 20 Convention on the Rights of the Child Declaration on the Promotion Among Youth on the Ideals of Peace, Mutual Respect and Understanding between Peoples.

Republict Act No. 8044 "The Youth in Nation Building Act in 1995"

unemployment

In-school youth

Republict Act No. 7079 " Campus Journalism Act of 1991". Republict Act No. 8049 "AntiHazing Law" Republict Act No. 6655 "Free High School Education". Republic Act No. 7722 "The Higher Education"

Out-of-school youth being unskilled for job employment, they become victims of illegal placement agencies. They are vulnerable to abuse, exploitation and discrimination.

working youth - most of whom are unskilled and vulnerable to exploitation by their employers. special youth - boys and girls from the indigenous peoples. Generally victims of discrimination INDIGENOUS CULTURAL MINORITIES MUSLIM POPULATION MINORITY STATUS EDUCATION MINORITY OF POPUATION

Republict Act No. 7796 "The Technical Education and Skills Development Act"

PD 603 "The Child and Youth Welfare Code". Republict Act 7610

IPRA LAW

ELDERLY

Belonging to a poor family

Neglected by their own families.

Republic Act 7432 was enacted by Congress of the Philippines to design programs of social security for the elderly/senior citizens in line with Article XV, Section 4 of the Constitution. "id card to avail of 20% discount on transportation services, hotels, restaurants and recreation centers and drug stores. Republic Act.7876 "Senior Citizens Act" Day centers for the senior citizens to provide social services and improved quality of life to all our senior citizens. Republic Act No. 7277 "The Magna Carta for Disable Persons". BP 344 Accessibility Law and Republic Act No. 6759 or White Cane Act

DISABLED PEOPLE

1. Incompetent

different treatment from society. (discrimination)

United Nations Declaration of the Rights of Persons with Disabilities

2. easy prey for deceit, exploitation and abuse

1. impairment in their mental capabilities

discrimination due to the stigma of their situation in the general public.

They shall enjoy all the rights enumerated in the Covenant on Civil and Political Rights United Nations Declaration on the Rights of Persons with Disabilities.

PD 603 "Child and Youth Welfare Code" and RA 7277 " Magna Carta for Disabled Persons"

United Nations Declaration on the Rights of Mentally Disabled Persons. PRISONERS AND DETAINEES 1. overcrowding overcrowded jails, unsanitary preparation of foods for prisoners, inhuman conditions of the jail Art. 10, Covenant on Civil and Political Rights Art. III, Section 19(2) "The employment of physical, psychological, or degrading punishment against any risoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law."

2. no proper system in jail management 3. system o f mayores or gang-lordships INTERNALLY DISPLACED PERSONS MIGRANT WORKERS *most vulnerable to human rights violations poverty, education and the demand to work abroad for high income Illegal Job Recruitment International Protection of the Rights of All Migrant Workers and Members of their Families in 1990 RA 8042 "An Act to Institute the Policies of Overseas Employment and Establish A Higher Standard of Protection and Promotion of the Welfare of Migrant Workers, their Families and Overseas Filipinos in Distress and for Other Purposes."

Migrant workers by employers

Art. 11 ICCPR "right to life, freedom from slavery or servitude, freedom from forced or compulsory labor unless pursuant to punishment by competent court."

Art. 7,8,9,10,11 & 12 ICESCR

RA 8040 "Employment and Overseas Act" FAILED in its objective since the labor migration involves a foreign element that is, the workers are in a foreign country where there are different laws and rules on labor and the woerkers are beyond the jurisdiction of Philippine Law. Art XIII, Section 18(3) of the 1987 Constitution mandates the COH "to provide legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad..."

URBAN POOR REFUGEES being outside of his country of nationality Convention relating to the Status of Refugees in 1954 and its Protocol. Art. 14 of the UDHR Convention Relating to Status of Stateless Persons in 1954 Art. 14 of the UDHR LABORERS public sector - SC held that goverment workers may not declare a strike NO LEGISLATION allowing government employees to strike

STATELESS PERSONS

absence of State to protect them

private sector- with no sufficient livelihood, people from provinces are compelled to go to cities and urban centers for employent even under unfavorable conditions. E.g deprivation on fair wages, equal pay for work of equal value, safety and healty working conditions.

International Covenant on Economic, Social and Cultural Rights

RA 7641- providing for retirement pay to qualified laborers. RA 7658 - Anti-Child Labor Law. RA &&)) Nationalization of the Jurisdiction of the National Labor Relations Commission. RA 7730 - Strenghtening the Visitorial and Enforcement Powers of the Secretary of Labor. RA 7877 Prohibiting Sexual Harassment.

RURAL WORKERS PEASANTS FISHERMEN

CHAPTER VII - DISCRIMINATION

1. WHAT DO YOU UNDERSTAND BY DISCRIMINATION? Cite concrete examples to show discrimination. DISCRIMINATION generally means the failure to treat everyone alike according to the standards and rules of action. Discrimination on account of race, sex/sexual orientation, religion, social, cultural and ethnic origin and economically diadvandataged. 2. What is the relation of discrimination to equality and dignity of human beings? The relation of discrimination to equality and dignity of human beings is that the foundation of freedom, justice and peace in the world can only be achieved through the equal rights of men and women. 3. WHAT IS THE PROVISION ON THE UDHR ON DISCRIMINATION? ARTICLE 2 OF THE UDHR states: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. 4. CITE PROVISIONS IN THE PHILIPPINES CONSTITUTION PROHIBITING DISCRIMINATION. CITE EXAMPLES. Article III, Section 5 of the 1987 Constitution states: No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. There is still this rivalry between Christian Communities and Muslim Communities in Mindanao. Article II, Section 14 states: The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Article XIII Section14 states: The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

An example of these is that women are given the opportunity to have jobs that are usually for men. Like in the army and maritime profession, it used to be dominated by men, now women are in the mix. Article XIV, Section 17 states: The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies. An example of this is where indigenous peoples rights are being trampled upon and they are being driven out of their ancestral lands. 5. WHAT PARTICULAR GROUPS OF PERSONS ARE USUALLY DISCRIMINATED AGAINST? WHY? 1. Women 2. Children 3. The youth 4. Indigenous peoples 5. Muslim population 6. The elderly 7. Persons with physical and mental disabilities 8. Prisoners and detainees 9. Internally displaced persons 10. Migrant workers 11. Urban poor 12. Informal private and public workers 13. Rural workers, peasants and fishfolks 14. Househelpers 15. Refugees 16. Stateless persons This is because mainly of their Origin, Status and Condition. 6. WHAT IS MEANT BY RELIGIOUS DISCRIMINATION? GIVE EXAMPLES. Religious discrimination is valuing or treating a person or group differently because of what they do or do not believe. Specifically, it is when adherents of different religions (or denominations) are treated unequally, either before the law or in institutional settings such as employment or housing. Forcing Students to attend flag ceremony in which their religion does not allow. Muslim children not being admitted in Christian Schools. 7. HAVE YOU OBSERVED IN YOUR COMMUNITY ANY FORM OF DISCRIMINATION? CITE CONCRETE EXAMPLES AND STATE WHY YOU CONSIDER THEM AS DISCRIMINATION. YES, treatment of government workers during processing documents. If they know you have friends or connections they will process your request right away. This is a form of

discrimination because they are applying special rules on a chosen few members of the population. 8. IN WHAT WAY ARE THE ECONOMICALLY DISABLED DISADVANTAGED? In many ways, being economically disabled then opportunities such as acquiring knowledge and skills is greatly impaired. While money is not everything, almost everything requires spending of money. Then the subsequent effects would follow as discussed in chapter VI of the book.

CHAPTER VIII THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS
1. WHAT DO YOU UNDERSTAND BY NON-GOVERNMENTAL ORGANIZATIONS (NGOs) ON HUMAN RIGHTS? NGOs on HUMAN RIGHTS are legally constituted organizations created by natural or legal people that operate independently from any form of government that pursue wider social aims that have political aspects mainly focused on Human Rights. 2. IN WHAT WAY ARE THEY RECOGNIZED BY THE UNITED NATIONS? NGOs play a major role in the general functions of the UNITED NATIONS. Article 71 of UN Charter expressly mandates the ECOSOC to make arrangements for consultation with NGOs which are concerned with matters within its competence. Several NGOs received consultative status and are allowed to sit as observers at public meetings of the Council and Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities in accordance with rules established by the Council. The Council has recognized NGOs in 3 categories of NGOs, namely: 1. Those having basic interest in most of the activities of the council. 2. The bodies having particular competence on certain aspects of the councils work; and 3. The NGOs concerned with building public opinion and disseminating information. 3. MENTION SOME INTERNATIONAL NGOS AND STATE ACTIVITIES THEY ARE ENGAGED IN ON HUMAN RIGHTS. AMNESTY INTERNATIONAL - vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. embarking on a major process of evolution, to adapt to the dramatic changes in the world we operate in, and to increase the impact of our human rights work. INTERNATIONAL COMMITTEE OF THE RED CROSS (ACTIVITIES ON BEHALF OF PEOPLE AFFECTED BY WAR) - is committed to responding rapidly and efficiently to the humanitarian needs of people affected by armed conflict or by a natural disaster occurring in a conflict area. Hostilities can explode without warning; natural disasters can strike unexpectedly and their effects may be multiplied in countries already riven by war. In the face of such unpredictable emergencies, the ICRC attaches great importance to its ability to deploy rapidly in the field.

4. WHAT DO YOU MEAN BY NGOs as OMBUDSMEN? Working on the international and national levels, NGOs function as official Ombudsmen, safeguarding human rights and calling the attention of the government on violations through periodic reports, public statements, participation in the deliberations established by intergovernmental organizations, the NGOs stimulate public opinions and initiation on the foundation of foreign policy of country on matters concerning violation of human rights. 5. MENTION SOME OF THE NGOs IN THE PHILIPPINES AND BRIEFLY DISCUSS THEIR ROLES IN PROTECTING AND PROMOTING HUMAN RIGHTS. STOP TRAFFICKING OF FILIPINOS (STOP) its aim is to eradicate and put a stop to Human trafficking. COMMISSION ON WOMENS POLITICAL RIGHTS (GABRIELA) - dedicated to promoting the rights and
welfare of marginalized and under-represented Filipino women through participation in the countrys electoral system and organs of governance.

6. IN WHAT WAY OR WAYS DO THEY HELP THE COMMISSION ON HUMAN RIGHTS ON ITS MONITORING FUNCTIONS? The NGOs volunteer vital information obtained by their group on violation of human rights to the Commission on Human Rights. The NGOs, in many aspects are, in a better position of identifying violations on human rights committed by any branch of the Philippine Government. 7. WHAT DO YOU UNDERSTAND BY DEVELOPMENT AGGRESSION? DEVELOPMENT AGGRESSION refers to the efforts to modernize indigenous peoples' ways of life, usually through large-scale industrial projects on indigenous lands. Rather than improving their lives, such projects often force people out of their homes and into remote areas with poor soil, destroying traditions that have sustained them for centuries. Development aggression includes repression of economic development of people due to industrialization and construction of infrastructures, displacing large group of people from their homes. 8. IN WHAT WAY OR WAYS DOES DEVELOPMENT AGGRESSION VIOLATE HUMAN RIGHTS? Development Aggression violates Human Rights of Indigenous people by depriving them right to remain and stay on their ancestral lands. They are being deprived of the natural wealth and resources they have possessed since time immemorial.

CHAPTER IX - EDUCATING FILIPINOS ON HUMAN RIGHTS

QUESTIONS FOR DISCUSSION 1. WHAT DO YOU MEAN BY HUMAN RIGHTS EDUCATION? HUMAN RIGHTS EDUCATION is defined as training, dissemination and information efforts aimed at the building of universal culture of human rights. It is the imparting of knowledge and skills on the molding of attitudes which are directed towards strengthening the peoples respect for human rights 2. WHAT IS THE IMPORTANCE OF HUMAN RIGHTS EDUCATION IN THE PHILIPPINES? The development of protective laws and the enforcement mechanisms to implement the laws are not sufficient to achieve full realization of human rights. The protection and enjoyment of human rights depend on people knowing about the rights to which they are entitled and the mechanisms which are available to enforce those rights. 3. WHAT SECTORS OF THE PHILIPPINE SOCIETY SHOULD BE EDUCATED FIRST ON HUMAN RIGHTS? WHY? The Vienna Declaration Program of Action in 1993 obliges all states to eradicate illiteracy and should direct education towards the full development of the human personality and strengthening of respect for human rights and fundamental freedoms. Human rights education should not distinguish which sectors are to be first educated since the respect for human rights would depend on the individuals knowledge of his rights and the right of others to be respected. However, to address occurring problems in the Philippines, the poor sector must be prioritized in the short run. The poor is the most prone to abuse considering their lowly status or condition. The long term goal is to develop a culture of respect for human rights as enunciated by the Universal Declaration of Human Rights, the Vienna Declaration Program of Action in 1993 and as what has been expressed by the UN General Assembly. 4. HOW SHOULD HUMAN RIGHTS EDUCATION BE GIVEN TO THE BARANGAYS? Barangay officials should be educated through seminars, trainings, and lectures or talks. In fact, a Memorandum Agreement was entered into by the Commission on Human Rights (CHR), the Department of Interior and Local Government (DILG) and the Liga ng mga Barangay on 20 June 1996 for the joint cooperation to realize the common goals of promoting human

rights. Under the Agreement, the CHR is to undertake the task of conducting training programs and seminars on human rights education among barangays and local government officials. 5. SHOULD HUMAN RIGHTS COURSE BE A PART OF THE CURRICULUM IN SCHOOLS? WHY? Yes. The most effective means to achieve the widest coverage is to include the subject of human rights in all public and private schools. To achieve this goal, a Declaration of Undertaking between the Department of Education, Culture and Sports (DECS) with the Commission on Human Rights (CHR) for the integration of human rights subjects at all levels of education was made.

6. WHAT METHODS ARE SUGGESTED FOR THE TEACHING OF HUMAN RIGHTS TO HIGH SCHOOL STUDENTS? TO COLLEGE STUDENTS? TO THE ADULT CITIZENS IN THE BARANGAYS? A. To high school students, the subject on human rights should be integrated in the main subjects in the curriculum such as English or Filipino as illustrated by the sample module The Gates if Respect for Human Rights. B. To college students, a separate course is appropriate. Teaching about what is human rights is not enough. To inculcate on the students the human rights issues, the teacher may select one or two basic human rights issues i the local community such as protection of human life or discrimination. C. To the adult citizens in the barangay, seminars, trainings, lectures or talks, and dissemination of printed materials such as newsletters journals, handbooks, flyers, booklets and posters.