Chapter I Introduction

The United Nations General Assembly (UNGA) proclaimed the commencement of

the World Programme for Human Rights Education following the UN Decade for
Human Rights Education in 1995-2004.
Pursuant to that, the Commission on Human Rights of the issued resolutions
urging the CHED and law schools to offer Human Rights in the Philippine law
curriculum.
Philippines is usually among the first countries to ratify important human rights
treaties, and was even one of the members of the first United Nations Human
Rights Commission responsible for the drafting of the UDHR.
Philippine Contribution to International Human Rights Law
The Philippines was a member of the first United Nations Commission on Human
Rights, composed of only 16 countries.
From 1946 to 1948, this Commission was responsible for the drafting of the
UDHR, the first document to embody aspirations of states for a world community
based on the recognition and respect of human rights.
The Philippines was also one of the original 48 countries that adopted the UDHR
on December 10, 1948.
Philippine participation on core human rights treaties
Both the International Convention on Economic, Social and Cultural Rights and
the International Convention on Economic, Social and Cultural Rights (ICESCR),
and the International Convention on Civil and Political Rights (ICCPR) were signed
in the Philippines on December 19, 1966, long before they entered into force.
However, while ICESCR was ratified it must be remembered that Martial Law was
in force in the country from 1973 to 1983. It was only in 1986 when President
Ferdinand Marcos left the Philippines, with Pres. Cory Aquino taking over the
presidency.
The Philippines was also among the first signers of the International Convention
Against Racial Discrimination.
The country has ratified all core human rights treaties, except one, i.e., the
International Convention for the protection of all Persons from Enforced
Disappearance.
On womens rights: the mother of CEDAW is a Filipina

The Convention on the Elimination of Discrimination Against WOMEN, is the

brainchild of a Filipina, Leticia Ramos-Shahani, a former diplomat and senator. In
1974, she became the chairperson of the UN Commission on the status of
women, which organized the First World Conference on Women, in Mexico City.
Another womens rights instrument that she pushed for was The forward-looking
strategies for Advancement of Women
Membership to the International Criminal Court
Miriam Defensor-Santiago, was elected a judge of thecourt.
Human Rights Laws of the Philippines
The sources of Human Rights jurisprudence in the Philippines are the Philippine
Constitution, legislative enactments, Supreme Court rules, rulings and orders,
and executive issuances.

Philippine jurisprudence on human rights includes the following:

1. Juvenile Justice and Welfare Act of 2006
2. Law against Child Abuse
3. Elimination of the Worst Forms of Child Labor
4. Law against Child Pornography Youth in Nation-Building Act
5. Act Establishing Day Care Center in Every Barangay
6. The Child and Youth Welfare Code
Rights of Women
1. Anti-Violence Against Women and Their Children
2. The Expanded Anti-Trafficking in Persons Act of 2012
3. Magna Carta of Women
4. Law Against Sexual Harassment
5. Women Suffrage Act
6. PD 633, as amended Creating the National Commission on the Role of
Filipino Women
7. Philippine Plan for Gender-Responsive Development
8. Campaign to End Violence Against Women
9. Act Against Mail Order Brides

Rights of LGBT Persons

Ang Ladlad v. Comelec
Rights of Senior Citizens
1. Senior Citizens Act
2. Senior Citizen Center Act
3. Expanded Senior Citizen Act
Rights of Disabled Persons
1. An Act to Enable the Mobility of Disabled Persons
2. Magna Carta of Disabled Persons
3. Law Amending the Magna Carta of Disabled Persons
4. An Act requiring the creation of Persons with Disability Affairs Office
(PDAO) by local government units.
5. DILG MC 2009-29-On community-based programs for children with
disability
6. Adm.No. 35- Directing departments, bureaus, agencies and educational
institutions to conduct activities during the annual observance of the
National Disability Prevention and Rehabilitation Week
Rights of Workers and Laborers
1. Labor Code of the Philippines, as amended, incorporating the New Labor
Relations Law and the Prohibition on the Discrimination Against Women
2. Migrant Workers Act
3. Law amending the Migrant Workers Act
4. Law amending the Migrant Workers Act
5. Paternity Leave Act
Right to social security
1. The Social Security Law
2. GSIS Act
3. Right to Health
4. National Health Insurance Act

5. Child and Mother Immunization Project

Right to a healthy environment
1. Oposa v Factoran
Right to privacy
1. Rule on Habeas Data
2. Anti-Photo and Video Voyeurism Act
3. Data Privacy Act of 2012
4. Right to life, liberty and security
5. The Anti-Enforced or Involuntary Disappearances Act of 2012
6. Anti-Torture Act
7. The rule on the Writ of Amparo
8. Investigation and Prosecution of Political and Media Killings
9. Enforced Disappearances and Killings
Remedies of unjustly arrested and/or detained persons
1. Law Creating the Board of Claims
2. The Rule on Habeas Corpus
3. Law Against Hospital Detention
4. Human Rights Victims Reparation and Recognition Act of 2013
Rights of accused, victims, and witnesses of crimes
1. Rape Victims Assistance Act
2. Witness protection Act
3. Free Legal Assistance Act
4. Law abolishing death penalty
5. Bill of Rights, Philippine Constitution
6. Revised Rules of Court
7. Other human rights violations penalized
Human rights mechanisms
1. EO 163- Creating the Commission on Human Rights

2. National Human Rights Consciousness Week

3. PD 443 On Delivery of Social Services

Construction of Human Rights Instruments

The instruments embodying human rights treaties, laws and principles are
living instruments that must be interpreted in the light of circumstances
surrounding and attendant to every case. They cannot be tied down to
obsolete practices and beliefs but have to be made adaptable to current
societal landscapws if they are to have any relevance at all.

When a human rights laq has the effect of modifying another law without
repealing the latter, an attempt at harmonizing them has to be made.

Where two (2) apparently inconsistent laws can stand independently, they
have to be interpreted in favour of the validity of both.