UDHR
public trial;
Preamble
- Recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family
- Foundation of freedom, justice and peace in the world
- Promote the development of friendly relations between nations
- States have pledged themselves to achieve the promotion of universal
respect for and observance of human rights and fundamental freedoms
Article 1.
- All human beings are born free and equal in dignity and rights
Article 2.
- Entitlement to all the rights and freedoms without distinction of any kind
such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status; political,
jurisdictional or international status of the country.
Article 3.
- Everyone has the right to life, liberty and security of persons
Article 4.
- No one shall be held in slavery or servitude;
- slavery and the slave trade shall be prohibited in all their forms
Article 5.
- Torture or to cruel, inhuman or degrading treatment or punishment
Article 6.
- Right to recognition everywhere as a person before the law
Article 7.
- Equality before the law without any discrimination or incitement to such
discrimination
Article 8.
- Right to an effective remedy by the competent national tribunals
Article 9.
- Arbitrary arrest, detention, or exile
Article 10.
- Entitled to full equality to a fair and public hearing by an independent and
impartial tribunal
Article 11.
- Right to be presumed innocent until proved guilty according to law in a
- nor shall be held guilty which do not constitute a penal offense;
- nor shall a heavier penalty be imposed than that applicable at the time of
commission
Article 12.
- Arbitrary interference with his privacy, family, home or correspondence,
nor to attacks upon his honor and reputation
Article 13.
- Right to freedom of movement and residence;
- right to leave any country and to return
Article 14.
- Right to seek and enjoy in other countries asylum from persecution;
- not applicable to non-political offenses or from acts contrary to the
purpose and principles of the UN
Article 15.
- Right to a nationality;
- No one shall be deprived nor to change his nationality
Article 16.
- Right to marry and found a family;
- entitled to equal rights as to marriage, during marriage and at its
dissolution;
- shall be entered only by those with the free and full consent
- Family is the natural and fundamental group unit of a society and is
entitled to protection by society and the State
Article 17.
- Right to own property alone and as in association with others;
- no one shall be arbitrary deprived of his property
Article 18.
- Right to freedom of thought, conscience and religion;
- freedom to change his religion or belief;
- freedom to manifest his religion or belief in teachings, practice, worship
and observance
Article 19.
- Right to freedom of opinion and expression;
- Freedom to hold opinions without interference
- To seek, receive and impart information and ideas through any media and
regardless of frontiers
Article 20.
- Right to freedom of peaceful assembly and association
- No one may be compelled to belong to an association
Article 21.
- Right to take part in the government directly or through freely chosen
representatives
- Right of equal access to public service
- Will of the people shall be the basis of government’s authority expressed
through universal and equal suffrage held by secret vote or by equivalent
free voting procedure
Article 22.
- Right to social security
- Entitled to realization of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality
Article 23.
- Right to work, to free choice of employment, to just and favorable
conditions of work and to protections against unemployment
- Equal pay for equal work without any discrimination
- Right to just and favorable remuneration worthy of human dignity,
supplemented by other means of social protection
- Right to form and to join trade unions
Article 24.
- Right to rest and leisure, including reasonable limitation of working hrs
and periodic holidays with pay
Article 25.
- Right to a standard of living adequate for the health and well-being
- Right to security
- Motherhood and childhood are entitled to special care and assistance
- All children shall enjoy the same social protection
Article 26.
- Right to education which is free at least in the elementary and shall be
compulsory
- Technical and professional education shall be made generally available
- Higher education shall be equally accessible to all on the basis of merit
- Parents have a prior right to choose the kind of education that shall be
given to their children
Article 27.
- Right to freely participate in the cultural life of the community, to enjoy
the arts and to share in the scientific advancement and its benefits
- Right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author
Article 28.
- Right to social and international order
Article 29.
- Everyone has duties to the community
- In the exercise of their rights and freedoms, everyone shall be subject to
only such limitations as are determined by law
Article 30.
- No interpretation as to the destruction of any of the rights and freedoms
set forth herein
ICCPR
Preamble
- Rights from inherent dignity of the human person
- Civil and political freedom and freedom from fear and want
- Obligation of States to promote universal respect for, and observance of,
human rights and freedoms
Article 1.
- Right of self determination – freely determine their political status and
freely pursue their economic, social and cultural development
- Freely dispose of their natural wealth and resources based upon the
principle of mutual benefit and international law; no person shall be
deprived of his own means of subsistence
- State parties shall promote the realization of the right of self-
determination and shall respect that right
Article 2.
- State party undertakes to respect and to ensure to all individuals the
rights recognized in the Covenant, without distinction of any kind, such
as race, color, sex, language, religion, political and other opinion, national
or social origin, property, birth or other status.
- State party undertakes to take the necessary steps to adopt such laws or
other measures as may be necessary to give effect to the rights
recognized in the present Covenant
- To ensure that any person shall have effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity
- Rights determined by competent judicial, administrative or legislative
authorities, or by any other competent authority
 - To ensure that competent authorities shall enforce such remedies when
granted
Article 3.
- Equal rights of men and women to the enjoyment of all civil and political
rights
Article 4.
- In times of public emergency which threatens the life of the nation and
the existence of which is officially proclaimed, state parties undertakes to
take measures derogating from their obligations to the extent strictly
required by the exigencies of the situation, provided such measures are
not inconsistent with their obligation under international law and do not
involve discrimination on the ground of race, color, sex, language, religion
or social origin.
- No derogation – Arts 6, 7, 8(1&2), 11, 15, 16, and 18
Article 5.
- Nothing may be interpreted implying the right to engage in any activity
or perform any act aimed at the destruction of any of the rights and
freedoms recognized herein
- No restriction or derogation from any of the fundamental human rights
Article 6.
- Right to life; Protected by law; No one shall be arbitrary deprived of life
- In countries which have not abolished death penalty, sentence of death
may be imposed only for the most serious crimes; can only be carried out
pursuant to a final judgment by a competent court
- When deprivation of life constitute genocide, nothing shall authorize any
state party to derogate in any way any obligation assumed under the
Convention on the Prevention and Punishment of the Crime of Genocide
- Anyone sentenced to death shall have the right to seek pardon or
commutation of sentence. Amnesty, pardon or commutation of the
sentence of death may be granted in all cases.
- Death penalty shall not be imposed to persons below 18 yrs old and on
pregnant women
- Nothing shall be invoked to delay or prevent the abolition of capital
punishment by any state party
Article 7.
- No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment
- No one shall be subjected without his free consent to medical or scientific
experimentation.
Article 8.
- No one shall be held in slavery; slavery and the slave-trade shall be
prohibited in all their forms.
- No one shall be held in servitude
- No one shall be required to perform forced or compulsory labour; shall
not preclude the performance of hard labor in pursuance of a sentence to
such punishment by a competent court
- Forced or compulsory labor shall not include 1) any work of service
normally required of a person who is under detention in consequence of
a lawful order of a court or of a person during conditional release from
such detention; 2) any service of a military character and any national
service required by law of conscientious objectors; 3) any service exacted
in cases of emergency or calamity; 4) any work or service which forms
part of a normal civil obligations
Article 9.
- Right to liberty and security of person; No one shall subject to arbitrary
arrest or detention; No one shall be deprived of his liberty except upon
grounds established by law
- Anyone arrested shall be informed at the time of his arrest the reason
thereof and shall be promptly informed of any charges against him
- Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise
judicial power and shall be entitled to trial within reasonable time or to
release. Not a general rule that a person awaiting trial be detained, but
release may be subject to guarantees to appear for trial and for execution
of judgment
- Anyone deprived of their liberty shall be entitled to take proceedings
before a court
- Enforceable right to compensation for anyone who is a victim of unlawful
arrest or detention
Article 10.
- All persons deprived of their liberty shall be treated with humanity and
with respect for their inherent dignity of the human person.
- Accused person shall be separated from convicted persons and shall be
subject to separate treatment appropriate to their status
- Accused juvenile shall be separated from adults
Article 13.
- An alien lawfully in the territory of another state party may be expelled
therefrom except where compelling reasons of national security otherwise
require
Article 14.
 - all persons shall be equal before the courts and tribunals. Everyone shall
be entitled to a fair and public hearing by a competent, independent and
impartial tribunal. The press and the public may be excluded fro reasons
of morals, public order, or national security or when the interest of the
private lives of the parties so requires, or to the extent strictly necessary
in the opinion of the court where publicity would prejudice the interest of
justice
- Any judgment rendered shall be made public except where the interest of
juvenile persons otherwise requires or the proceedings concern
matrimonial disputes or the guardianship of children
- Everyone charges with criminal offense shall have the right to be
presumed innocent until proved guilty according to law
Article 15.
- No one shall be guilty of any criminal offense which did not constitute a
criminal offense. Nor shall a heavier penalty be imposed than that
imposed at the time the criminal offense was committed. If, subsequent
to the commission of an offense, a lighter penalty is provided for by the
law, the offender shall benefit thereby
- Nothing shall prejudice the trial and punishment which at the time when
it was committed was criminal
Article 17.
- No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to any unlawful attacks on
his honor or reputation
- Anyone has the right to the protection of the law against such
interference or attacks
Article 18.
- Right to freedom of thought, conscience, and religion
- No one shall be subject to coercion which would impair his freedom to
have or to adopt a religion or belief of his choice.
- Freedom to manifest one’s religion or beliefs may be subject only to such
limitations necessary to protect public safety, order, health, or morals or
the fundamental rights and freedoms of others.
- State parties undertake to have respect for the liberty of parents and legal
guardians to ensure the religion and moral education of their children in
conformity with their own convictions.
Article 19.
- Right to hold opinions without interference
- Right to freedom of expression which shall include freedom to seek,
reveive and impart information and ideas of all kinds
- Subject to certain restrictions such as for respect of the rights or
reputation of others; and for the protection of national security or of public
order
Article 20.
- Any propaganda for war shall be prohibited by law
- Any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by
law.
Article 21.
- Right of peaceful assembly
Article 22.
- Right to freedom of association with others, including the right to form
and join trade unions
Article 23.
- The family is the natural and fundamental group unit of society and is
entitled to protection by society and the state
- Right of men and women to marry and found a family
- No marriage shall be entered into without the free and full consent of the
intending spouses.
Article 24.
- Every child shall have the right to such measures of protection as are
required by his status as a minor, on the part of his family, society and
the State
- Shall be registered immediately after birth and shall have a name
- Right to acquire a nationality
Article 25.
- Right and the opportunity to take part in the conduct of public affairs; to
vote and be elected; to have access to public service in his country
Article 26.
- Equality before the law and equal protection of the law.
Article 27.
- Persons belonging to ethnic, religious or linguistic minorities shall not be
denied the right to enjoy their own culture, to profess and practice their
own religion or to use their own language
GENERAL COMMENT NO. 35
Article 9 (Liberty and Security of Persons)
- Liberty of person concerns freedom from confinement of the body, not
a general freedom of action.
- Security of person concerns freedom from injury to the body and the
mind, or bodily and mental integrity
- Deprivation of liberty involves more severe restriction of motion within
a narrower space than mere interference with liberty of movement
- Examples: police custody; arraigo; remand detention;
imprisonment after conviction; house arrest; administrative
detention; involuntary hospitalization; institutional custody of
children; and confinement to a restricted area of an airport; solitary
confinement or the use of physical restraining devices
- The right to security of person protects individuals against intentional
infliction of bodily or mental injury, regardless of whether the victim is
detained or non-detained.
- Arbitrariness include elements of inappropriateness, injustice, lack of
predictability and due process of law, as well as elements of
reasonableness, necessity and proportionality.
- Arrest refers to any apprehension of a person that commences a
deprivation of liberty
- Detention deprivation of liberty that begins with the arrest and continues
in time from apprehension until release.
- Detention may be arbitrary if the manner in which the detainees are
treated does not relate to the purpose for which they are ostensibly being
detained.
- Security detention (administrative detention or internment) presents
severe risks of arbitrary deprivation of liberty.
- Examples of arbitrary detention: detaining family members of an
alleged criminal who are not themselves accused of any wrongdoing, the
holding of hostages and arrests for the purpose of extorting bribes or
other similar criminal purposes.
- Detention in the course of proceeding for the control of immigration is not
per se arbitrary, but the detention must be justified as reasonable,
necessary and proportionate
- Asylum seekers may be detained for a brief initial period (to document
their entry, record their claims and determine their identity if there is
doubt) but to detain them further would be arbitrary in the absence of
particular reasons specific to the individual.
- Children shall not be deprived of liberty, except as a measure of last resort
and for the shortest appropriate period of time, taking into account their
best interest and the extreme vulnerability and need for care of
unaccompanied minors.
- Existence of disability shall not in itself justify a deprivation of liberty, but
rather any deprivation of liberty must be necessary and proportionate, for
the purpose of protecting the individual in question from serious harm or
preventing injury to others. It must be applied only as a measure of last
resort and for the shortest appropriate period of time and must be
accompanied by adequate procedural and substantive safeguards
established by law.
- Article 9 (2): shall be informed of the reasons for their arrest and
shall be promptly informed of any charges against them.
- This requirement applies regardless of the formality or informality with
which the arrest is conducted and regardless of the legitimate or improper
reasons on which it is based.
- Oral notification of reasons for arrest satisfies the requirement. The
reasons must be given in a language that the arrested person understand.
- That information must be provided immediately upon arrest. However, in
exceptional circumstances, such immediate communication may not be
possible.
- When children are arrested, notice and reason of the arrest should be
provided directly to their parents, guardians or legal representatives. For
PWDs, it must be provided directly to the person they have designated or
appropriate family members.
- Notice should be given as soon as possible.
- Shall be informed promptly of any charges, not necessarily at the
time of arrest.
- Article 9 (3): applies to persons arrested or detained on a criminal
charge and persons awaiting trial on a criminal charge.
- Any person arrested or detained on a criminal charge shall be
brought promptly before a judge or other officer authorized by
law to exercise judicial power.
- This requirement applies even before formal charges have been asserted,
so long as the person is arrested or detained on suspicion of criminal
activity.
- A public prosecutor cannot be considered as an officer exercising judicial
power
- Delays should not exceed a dew days from the time of arrest. Ordinarily,
48 hrs is sufficient and any delay longer than 48 hrs must remain
absolutely exceptional and be justified.
- 24 hes in case of juveniles
- Incommunicado detention that prevents prompt presentation before a
judge inherently violates par 3 of Article 9.
- Person detained is entitled to trial within a reasonable time or to
release
- Right to take proceedings for release from unlawful or arbitrary
detention
- Right to compensation for unlawful or arbitrary detention
- Detainees should be held only in facilities officially acknowledge as places
of detention.
- The fundamental guarantee against arbitrary detention is non-derogable
GENERAL COMMENT No. 6
Article 6: Right to Life
- The supreme right from which no derogation is permitted even in time of
public emergency which threatens the life of the nation
 - Under UN Charter, the threat or use of force by any State against another
State, except in exercise of the inherent right of self defense, is already
prohibited.
- The State has the supreme duty to prevent wars, acts of genocide, and
other acts of mass violence causing arbitrary loss of life.
- Protection against arbitrary deprivation of life is of paramount importance.
- The Committee considers that it would be desirable for States parties to
take all possible measure to reduce infant mortality and to increase life
expectancy, especially in adopting measures to eliminate malnutrition and
epidemics
- States parties are not obliged to abolish death penalty, but they are
obliged to limit its use and to abolish it for other than the most serious
crimes.
SECOND OPTIONAL PROTOCOL AIMING AT THE ABOLITION OF THE
DEATH PENALTY
- Philippines is a signatory
- No withdrawal clause
- Abolition of death penalty contributes to the enhancement of human
dignity and progressive development of human rights
- That all measures of abolition of the death penalty should be considered
as progress in the enjoyment of the right to life
Article 1.
- No one shall be executed
- Each State Party shall take the necessary measures to abolish death
penalty
Article 2.
- No reservation is admissible except for a reservation made at the time of
ratification or accession that provides for the application of the death
penalty in time of war pursuant to a conviction for a most serious crime
of a military nature committed during wartime
Article 6
- The right guaranteed in Article 1 shall not be subject to any derogation
RA 9346: An Act Prohibiting the Imposition of Death Penalty in the
Philippines
- June 24, 2006
Sec 2.
- In lieu of the death penalty, the ff shall be imposed
- Penalty of reclusion perpetua when the law violated makes use of the
nomenclature of the penalties of the RPC
- Penalty of life imprisonment when the law violated does not make
use of the nomenclature of the penalties of the RPC
Sec. 3.
- Person convicted of offense punished with reclusion perpetua shall not be
eligible for parole
ICESCR
Article 1.
- Right of self-determination – they freely determine their political status
and freely pursue their economic, social and cultural development
- All people may freely dispose of their natural wealth and resources based
upon the principles of mutual benefit and international law. In no case
may a people be deprived of its own means of subsistence.
- State Parties shall promote the realization of the right of self-
determination and shall respect that right
- To take steps with a view to achieving progressively the full
realization of the rights recognized in the present Covenant by all
appropriate means including the adoption of legislative measures.
- To guarantee that the rights will be exercised without discrimination
of any kind as to race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth and other status.
- Developing countries may determine to what extent they would
guarantee the economic rights recognized in the present Covenant to
non-nationals.
Article 3.
- Equal right of men and women to the enjoyment of all economic, social
and cultural rights
Article 4.
- That in the enjoyment of those rights, the State may subject such rights
only to such limitations as are determined by law as may be compatible
with the nature of these rights and solely for the purpose of promoting
the general welfare
Article 5.
- Nothing may be interpreted implying the right to engage in any activity
or to perform any act aimed at the destruction of any of the rights or
freedoms recognized herein
- No restriction or derogation from any of the fundamental human rights
shall be admitted on the pretext that the present Covenant does not
recognize such rights or that it recognizes them to a lesser extent
Article 6.
- Right to work, including the right to the opportunity to gain his living by
work which he freely chooses or accepts
- Steps to be taken by states parties to achieve the full realization of this
right shall include technical and vocational guidance and graining
 programmes, policies and techniques to achieve steady economic, social
and cultural development and full and productive employment
Article 7
- Enjoyment of just and favourable conditions of work
- Remuneration which provides all workers as a minimum with
- Fair wages and equal remuneration for work of equal value
without distinction of any kind
- A decent living for themselves and their families
- Safe and healthy working conditions
- Equal opportunity to be promoted in his employment subject to no
consideration other than those of seniority and competence
- Rest, leisure and reasonable limitation of working hrs and periodic
holidays with pay, as well as remuneration for public holidays
Article 8.
- Right to form trade unions and join the trade union of his choice
- Right of trade unions to establish national federations or confederations
and the right of the latter to form or join international trade-union
organizations
- Right to strike exercised with the laws of a particular country
- This article shall not prevent the imposition of lawful restrictions on the
exercise of these rights by members of the Armed forces or of the police
or of the administration of State
Article 9.
- Right to social security including social insurance
Article 10.
- State parties recognized that
- The widest possible protection and assistance should be accorded to
the family. Marriage must be entered into with the free consent of
the intending spouses
- Special protection to mothers during a reasonable period before and
after childbirth; should be accorded paid leave or leave with adequate
social security benefits
- Special measures of protection and assistance on behalf of all
children and young persons without any discrimination for reasons of
parentage or other conditions. Children and young persons should be
protected from economic and social exploitation. Their employment
in work harmful to their morals or health or dangerous to life or likely
to hamper their normal development should be punishable by law
Article 11.
- Right to adequate standard of living for himself and his family and to the
continuous improvement of living conditions
- Fundamental right to be free from hunger
- To improve methods of production, conservation and distribution of
food
- Taking into account the problems of both food-importing and food-
exporting countries
Article 12.
- Right to the enjoyment of the highest attainable standard of physical and
mental health
- Reduction of the stillbirth-rate and of infant mortality
- Improvement of environmental and industrial hygiene
- Prevention, treatment and control of epidemic, endemic, occupational and
other diseases
Article 13.
- Right to education
- Primary education shall be compulsory and available free to all
- Secondary education shall be made generally available and accessible to
all by appropriate means and progressive introduction of free education
- Higher education shall be made equally accessible to all on the basis of
capacity
- Fundamental education shall be encouraged or intensified
- Respect for the liberty of parents and legal guardians, when applicable,
to choose for their children schools which conform to minimum
educational standards
Article 25.
- Nothing shall be interpreted as impairing the right of all peoples to enjoy
and utilize fully and freely their natural wealth and resources.
LIMBURG PRINCIPLES
- ICESCR should be interpreted in good faith
- the achievement of economic, social and cultural rights may be realized
in a variety of political settings
- Although the full realization of rights is to be attained progressively, the
application of some rights can be made justiciable immediately while
other rights can be justiciable over time
- Art 2 (1): to take steps… by all appropriate means, including particularly
the adoption of legislation
- States parties shall use all appropriate means, including legislative,
administrative, judicial, economic, social and educational measures
- To achieve progressively the full realization of the rights
- Requires states parties to move as expeditiously as possible towards
the realization of the rights
- Progressive implementation can be effected not only by increasing
resources, but also by the development of societal resources
- To the maximum of its available resources
- States parties are obligated regardless of the level of economic
development, to ensure respect for minimum subsistence right for all
- “its available resources” shall include resources within the State and
those available from the international community through
international co-operation and assistance
- Individually and through international assistance and co-operation,
especially economic and technical
- directed towards the establishment of a social and international order
- states parties shall co-operate with one another to promote social
international social, economic, and cultural progress, in particular the
economic growth of developing countries, free from discrimination
based on such differences
- Article 2 (2): Non-discrimination
- Immediate application
- Grounds for discrimination in Article 2 (2) are not exhaustive
- States shall eliminate de jure discrimination by abolishing without
delay any discriminatory laws, regulations and practices affecting the
enjoyment of economic, social, and cultural rights
- De facto discrimination occurring as a result of the unequal
enjoyment of economic, social and cultural rights, on account of a lack
of resources or otherwise, should be brought to an end as speedily as
possible
- Article 2 (3): Non- nationals in developing countries
- General rule: the Covenant applies equally to nationals and non-
nationals
- The purpose is to end the domination of certain economic groups of
non-nationals during colonial times
- Article 4: Limitations
- 1) promoting the general welfare (furthering the well-being of the
people as a whole); 2) must be compatible with the nature of these
rights; in a democratic society
- No limitation on the exercise of economic, social and cultural rights
shall be made unless provided for by national law of general
application which is consistent with the Covenant
- Laws imposing limitations shall not be arbitrary or unreasonable or
discriminatory
- Legal rules limiting rights shall be clear and accessible to everyone
- Violations of Economic, Social and Cultural Rights
- A state party will be in violation of the Covenant if
- It fails to take a steps which it is required to take
- Fails to remove promptly obstacles when there is a duty to
remove it
- Fails to implement without delay a right required from it provide
immediately
- Willfully fails to meet a generally accepted international minimum
standard of achievement
- Applies a limitation to a right other than in accordance with the
Covenant
- Deliberately retards or halts the progressive realization of a right,
unless it is acting within a limitation permitted by the Covenant
or due to lack of available resources or force majeure
- Fails to submit reports as required
GENERAL COMMENT 3: The Nature of States Parties Obligations
- Article 2 (1)
- Obligations of conduct
- Obligations of result
- Undertaking to guarantee that relevant rights will be exercised without
discrimination
- Undertaking to take steps (to act, to adopt measures)
- The means which should be used to satisfy the obligation to take steps is
“all appropriate means, including particularly the adoption of legislative
measures.
- Among the measures which is considered appropriate is the provision of
judicial remedies
- Effective remedy
- Rights capable of immediate application by judicial and other organs:
- Article 3 – equal right of men and women to the enjoyment of ESCR
- Article 7 (a) (i) – fair wages and equal remuneration for work of equal
value without distinction of any kind
- Article 8 – right to form trade unions and join the trade union of his
choice
- Article 10 (3) – special measures of protection and assistance to
children and young persons without any discrimination for reasons of
parentage or other conditions
- Article 13 (2) (a) – primary education shall be compulsory and
available free to all; (3) – respect for the liberty of parents and legal
guardians to choose for their children schools; (4) – no part of this
article shall be construed as to interfere with the liberty of individuals
and bodies to establish and direct educational institutions
- Article 15 (3) – State parties undertake to respect the freedom
indispensable for scientific research and creative activity
- Other measures considered appropriate include administrative, financial,
educational and social measures
- That the undertaking of steps by all appropriate means neither requires
nor precludes any particular form of government or economic system,
provided only that it is democratic and that all human rights are
respected.
- The Committee reaffirms that the rights recognized in the Covenant are
susceptible of realization within the context of a wide variety of economic
and political system
 - Progressive realization constitutes a recognition of the fact that full
realization of all economic, social, and cultural rights will generally not be
able to be achieved in a short period of time
- The Committee emphasized that even where the available resources are
demonstrably inadequate, the obligation remains for a State party to
strive to ensure the widest possible enjoyment of the relevant rights
under the prevailing circumstances
- That the phrase “to the maximum of its available resources” refer to both
the resources existing within a State and those available from the
international community through international cooperation and
assistance.
GENERAL COMMENT No. 20
Article 2 (2): Non-Discrimination
- Non-discrimination and equality
- To guarantee that the rights will be exercised without discrimination of
any kind as to race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status
- Discrimination constitutes any distinction, exclusion, restriction, or
preference or other differential treatment that is directly or indirectly
based on the prohibited grounds of discrimination and which has the
intention or effect of nullifying or impairing the recognition, enjoyment,
or exercise, on equal footing, of Covenant rights. It also includes
incitement to discriminate and harassment
- Formal Discrimination requires ensuring that a State’s constitution,
laws, and policy documents do not discriminate on prohibited grounds
- Substantive Discrimination eliminating discrimination in practice
- States parties may be under obligation to adopt special measure to
attenuate or suppress conditions that perpetuate discrimination including
such measures that are legitimate as long as they represent reasonable,
objective, and proportional means to redress de facto discrimination
- Direct Discrimination occurs when an individual is treated less
favorably than another person in a similar situation for a reason related
to a prohibited ground; also includes detrimental acts or omissions on the
basis of prohibited grounds where there is no comparable similar situation
- Indirect discrimination refers to laws, policies, or practices which
appear neutral at face value, but have a disproportionate impact on the
exercise of Covenant rights as distinguished by prohibited grounds of
discrimination
- Clear and reasonable relationship of proportionality between the aim
sought to be realized and the measures or omissions and their effects.
- Prohibited grounds: race, color, sex, language, religion, political or
other opinion, national and social origin, property, birth or other status.
- National origin refers to a person’s State, nation or place of origin
- Social origin refers to a person’s inherited social status
CONVENTION ON THE RIGHTS OF THE CHILD
- Childhood is entitled to special care and assistance
- The child, by reason of his physical and mental immunity, needs special
safeguards and care before as well as after birth
Article 1.
- Child means every human being below the age of 18 yrs unless majority
is attained earlier.
Article 2.
- States parties shall ensure the rights of the child without discrimination
of any kind, irrespective of the child’s or his or her parents or legal
guardian’s race, color, race, sex, religion, language, political or other
opinion, national, ethnic or social origin, property, disability, birth or
family members.
Article 3.
- In all actions concerning children, the best interest of the child shall be a
primary consideration
Article 4.
- States parties shall undertake all appropriate legislative, administrative,
or other measure to the maximum extent of their available resources and
within the framework of international cooperation
Article 5.
- States parties shall respect the responsibilities, rights and duties of
parents or members of the extended family or community
Article 6.
- Inherent right to life
Article 7.
- Be registered immediately after birth; shall have the right to a name, in
particular where the child would otherwise be stateless
Article 8.
- Preserve his or her identity, including nationality, name and family
relations without unlawful interference
Article 9.
- A child shall not be separated from his or her parents against their will,
except when competent authorities subject to judicial review, that such
separation is necessary for the best interest of the child
- States parties shall respect the right of the child who is separated from
one or both parents to maintain personal relations and direct contact with
both parents on a regular basis, except if contrary to the child’s best
interest
Article 12.
- States parties shall assure to the child the right to express those views
freely in all matters affecting the child
- Opportunity to be heard in any judicial and administrative proceedings
affecting the child
Article 13.
- Right to freedom of expression including the freedom to seek, receive and
impart information and ideas of all kinds regardless of frontiers
Article 15.
- Freedom of association and to freedom of peaceful assembly
- No restrictions of rights other in the interest of national security or public
safety, public order, the protection of public health or morals or the
protection of the rights and freedom of others
Article 18.
- Both parents have common responsibilities for the upbringing and
development of the child
- States parties shall render appropriate assistance to parents and legal
guardians in the performance of their child-rearing responsibilities and
shall ensure the development of institutions, facilities and services for the
care of the children
Article 19.
- States parties shall take all appropriate legislative, administrative, social
and educational measures to protect the child from all forms of physical
and mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse while in the case of
parents or legal guardians
Article 26.
- Right to benefit from social security
Article 28.
- Right to education
- Primary education compulsory and available free to all
- Secondary education shall be available and accessible to every child
- Make higher education accessible to all on the basis of capacity to every
appropriate means
- Make educational and vocational information and guidance available and
accessible to all children
Article 32.
- Right to be protected from economic exploitation and from performing
work that is likely to be hazardous or to interfere with the child’s
education, or to be harmful to the child’s health or physical, mental,
spiritual, moral or social development
- Provide minimum age for admission to employment
- Appropriate regulations of the hours and conditions of employment
Article 37.
- No child shall be subjected to torture or cruel, inhuman or degrading
treatment or punishment
- No child shall be deprived of his or her liberty unlawfully or arbitrarily
OPTIONAL PROTOCOL TO THE CRC ON THE INVOLVEMENT OF CHILDREN
IN ARMED CONFLICT
- Condemning the targeting of children in situations of armed conflict and
direct attacks on objects protected under international law, including
places generally having a significant presence of children, such as schools
and hospitals
Article 2.
- That persons who have not attained the age of 18 years are not
compulsorily recruited into armed forces
Article 3.
- States parties shall raise the minimum age for the voluntary recruitment
of persons into their national armed forces taking into account that
persons under 18 are entitled to special protection
- The requirement to raise the age does not apply to schools operated by
or under the control of armed forces of the States parties
Article 4.
- Armed groups that are distinct from the armed forces of a State should
not recruit or use in hostilities persons under 18 years old
OPTIONAL PROTOCOL TO THE CRC ON THE SALE OF CHILDREN, CHILD
PROSTITUTION AND CHILD PORNOGRAPHY
Article 1.
- Prohibit the sale of children, child prostitution and child pornography
Article 2.
- Sale of children means any act or transaction whereby a child is
transferred by any persons or group of persons to another for
remuneration or any other considerations;
- Child prostitution means the use of children in sexual activities for
remuneration or any other form of consideration
- Child pornography means any representation, by whatever means, of a
child engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a child for primarily sexual purposes
Article 3.
- State party shall ensure that the following activities are fully covered
under its criminal or penal law, whether committed domestically or
transnationally or on an individual or organized basis
- In the context of sale of children in Article 2
- The offering, delivering or accepting, by whatever means, a child
for the purpose of:
- Sexual exploitation
- Transfer of organs for profit
- Engagement of the child in force labour
- Improperly inducing consent for the adoption of a child in violation
of applicable international legal instruments on adoption
- offering, obtaining, procuring or providing a child for prostitution
 - producing, distributing, disseminating, importing, exporting, offering,
selling or possessing for the above purposes child pornography
Article 5.
- offenses in Article 3 (1) shall be deemed to be included as extraditable
offences in any extradition treaty and shall be included as extraditable
offences in every extradition treaty
Article 8.
- state parties to adopt appropriate measures to protect the rights and
interest of child victims
RA 7610 Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act
Sec 3.
- children refers to persons below 18 years old or those over but are
unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition
- child abuse refers to maltreatment, whether habitual or not, of the child
which includes the ff:
- psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment
- any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being
- unreasonable deprivation of his basic needs for survival
- failure to immediately give medical treatment to an injured child
- circumstances which gravely threaten or endanger the survival and
normal development of children
- being in a community where there is armed conflict or being affected
by armed conflict-related activities
- working under conditions hazardous to life, safety and normal which
unduly interfere with their normal development
- living in or fending for themselves in the streets of urban or rural
areas
- being a member of a indigenous cultural community and/or living
under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life
- being a victim of a man-made or natural disaster or calamity
- comprehensive programs against child abuse, exploitation, and
discrimination
- child prostitution and other sexual abuse
- child trafficking
- obscene publications and indecent shows
- other acts of abuses
- circumstances which threaten or endanger the survival and normal
development of children
Sec 5.
- Child prostitution and other sexual abuse - children, whether male
or female, who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse
- Those who engage in or promote, facilitate or induce child prostitution
- Acting as a procurer of a child prostitute
- Inducing a person to be a client by means of written or oral
advertisement or other similar means
- Taking advantage of influence relationship to procure a child as
prostitute
- Threatening or using violence towards a child to engage him as a
prostitute
- Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution
Sec. 6
- Attempt to commit child prostitution – when any person who, not
being a relative of a child, is found alone with the said child inside the
room or cubicle of a house, an inn, hotel, motel, pension house, apartelle,
or other similar establishment, vessel, vehicle or any other hidden or
secluded are under circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution or other
sexual abuse
- also, when any person is receiving services from a child in a sauna parlor
or bath, massage clinic, health club, and other similar establishments
Sec. 7
- Child Trafficking any person who shall engage in trading and dealing
with children including the act of buying and selling of a child for money,
or for any other consideration, or barter
Sec. 8
- Attempt to commit child trafficking
- When a child travels alone in a foreign country without valid reasons
and without clearance issued by DSWD or from the child’s parents or
legal guardian
- When a person, agency, establishment or child-caring institution
recruits women or couples to bear children for the purpose of child
trafficking
- When a doctor, hospital or clinic official, employee, nurse, midwife,
local civil registrar or any other person simulates birth for the purpose
of child trafficking
- When a person engages in the act of finding children among low-
income families, hospitals, clinics, nurseries, day-care centers, or
other child-during institutions who can be offered for the purposes of
child trafficking
Sec 9.
- Obscene publication and indecent shows – any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shoes, whether live or in video, or model in
obscene publications or pornographic materials or to sell or distribute the
said materials
Section 12.
- Employment of Children – children below 15 years of age may be
employed except
- when a child works directly under the sole responsibility of his parents
or legal guardian and where only members of the employer’s family
are employed
- when a child’s employment or participation in public or entertainment
or information through cinema, theater, radio or television is essential
- the employer shall ensure the protection, health, safety and morals
of the child
- the employer shall institute measures to prevent the child’s
exploitation or discrimination
- the employer shall formulate and implement a continuing program for
training and skill acquisition of the child
Section 22.
- Children are hereby declared as Zones of Peace
- Shall not be the object of attack
- Shall not be recruited to become members of the AFP of its civilian units
or other armed groups, nor be allowed to take part in the fighting, or used
as guides, couriers, or spies
- Public infrastructure shall not be utilized for military purposes
Section 25.
- Rights of Children Arrested for Reasons Related to Armed Conflict
- Separate detention from adults
- Immediate free legal assistance
- Immediate notice to the parents or guardians
- Release within 24 hours to the custody of the DSWD
Section 29.
- At the instance of the offended party, his name may be withheld from the
public until the court acquires jurisdiction over the case
RA 9344 JUVENILE JUSTICE AND WELFARE ACT OF 2006
Section 3.
- In case of doubt, this act shall be construed liberally in favor of the child
on conflict with the law
Section 4.
- Best interest of the child totality of the circumstances and conditions
which are most congenial to the survival, protection and feelings of
security of the child and most encouraging to the child’s physical,
psychological and emotional development; it also means the least
detrimental available alternative for safeguarding the growth and
development of the child
- Child person under the age of 18
- Child at Risk refer to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances (being abused and the parents or guardian refuses, are
unwilling, or unable to provide protection for the child; being exploited
including sexually or economically; being abandoned or neglected;
coming from a dysfunctional or broken family or without parent or
guardian; being out of school; being a streetchild; being a member of a
gang; living in a community with high level of criminality or drug abuse;
living in situations of armed conflict)
- Child in Conflict with the Law refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under
Philippines laws
- Diversion refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict with the
law in the basis of his/her social, cultural, economic, psychological or
educational background without resorting to formal court proceedings
- Juvenile Justice Welfare System refers to a system dealing with
children at risk and children in conflict with the law, which provides child-
appropriate proceedings, including programs and services for prevention,
diversion, rehabilitation, re-integration and aftercare to ensure their
normal growth and development
Section 5.
- Right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release
- Shall be separated from adult offenders at all times
- Shall be conveyed separately to or from court
- Right to automatic suspension of sentence
- Right to be free from liability for perjury, concealment, or
misrepresentation
Section 6.
- A child 15 years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, a child shall be
subjected to an intervention program
- A child above 15 years but below 18 years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless
he or she has acted with discernment, in which case, such child shall be
subjected to appropriate proceedings
- The exemption shall not include exemption from civil liability
Section 7.
- A child in conflict with the law enjoy the presumption of minority until
proven to be 18 years of age or older.
- Child’s birth certificate; baptismal certificate; in the absences, from the
child himself/herself, testimonies of other persons, physical appearance
of the child.
 - In case of doubt, it shall be resolved in his favor
Section 12.
- The family shall be responsible for the primary nurturing and rearing of
children. As far as practicable, a child in conflict with the law shall be
maintained in his/her family
Section 20.
- If the child is 15 years old and below, the authority has the duty to
immediately release the child to the custody of his/her parents or
guardian.
- Said authority shall give notice to the local social welfare and development
officer
- If parents, guardians or nearest relatives cannot be located, or if they
refuse to take custody, the child may be released to any of the ff:
- Duly registered NGO or religious organization
- Barangay official or member of the Barangay Council for the
Protection of Children
- Local social welfare and development officer
- DSWD
Section 21.
- Procedure for the Taking of the Child into Custody
- Explain to the child the offense committed and why is he being placed
under custody
- The reason for such custody and advise his/her constitutional rights
- Properly identify himself/herself and present proper identification
- Refrain from using vulgar or profane words and from sexually harassing
or abusing, or making sexual advances on the child
- Avoid displaying or using any firearm, weapon, handcuffs or other
instruments of force of restraint, unless absolutely necessary
- Refrain subjecting the child to greater restraint
- Avoid violence or unnecessary force
- Determine the age of the child
- Immediately but not later than 8 hours after apprehension, turn over the
custody of the child to Social Welfare and Development Office or other
accredited NGOs and notify the child’s apprehension
- Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination
- Ensure that the child shall be secured in quarters separate from that of
the opposite sex and adult offenders
- Ensure that all statements signed by the child shall be witnessed by the
child’s parents or guardian, social worker or legal counsel
- Shall be searched only by a law enforcement officer of the same gender
and shall not be locked up in a detention cell.
Section 31.
- Kinds of Diversion Programs
- Level of the Punong Barangay
- Restitution of property
- Reparation of the damaged caused
- Indemnification for consequential damages
- Written or oral apology
- care, guidance and supervision orders
- counselling for the child in conflict with the law and the child’s family
- attendance in trainings, seminars and lectures
- participation in available community-based programs
- participation in education, vocation and life skills programs
- at the level of the appropriate court
- fine
- payment of the cost of the proceedings
- institutional care and custody
- written or oral reprimand or citation
- diversion programs
Section 35.
- the court shall not order the detention of the child in a jail pending trial
or hearing of his/her case
Section 39.
- discharge of the child in conflict with the law shall not affect the civil
liability resulting from the commission of the offense
Section 40.
- if the child in conflict with the law reached 18 years of age wile under
suspended sentence, the court shall determine whether to discharge the
child to order execution of sentence, or to extend the suspended sentence
for a certain specified period or until the child reaches the maximum age
of 21 years.
Section 45.
- no child shall be received in any rehabilitation or training facility without
a valid order issued by the court after a hearing
Section 50.
- expenses for the care and maintenance of a child in conflict with the law
shall be borne by his parents or those persons liable to give support
Section 58.
- Offenses not applicable to children
- Vagrancy
- Prostitution
- Sniffing of rugby
- Mendicancy
Section 59.
- NO DEATH PENALTY SHALL BE IMPOSED UPON CHILDREN IN
CONFLICT WITH THE LAW
Section 60.
- Competent authorities must refrain from branding or labeling children in
conflict with the law as young criminals, juvenile delinquents, prostitutes
or attaching to them in any manner any other derogatory names
- No discriminatory remarks and practices shall be allowed particularly with
respect to the child’s class or ethnic origin
Section 61.
- Other Prohibited Acts
- Employment of threats
- Employment of abusive, coercive and punitive measures such as cursing,
stripping, and solitary confinement
- Employment of degrading, inhuman and cruel forms of punishment which
embarrass, humiliate, and degrade his/her personality and dignity
- Compelling the child to perform involuntary servitude in any and all forms
under any and all instances
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN
Article 1.
- Discrimination against women shall mean any distinction, exclusion
or restriction mode 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, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field
Article 4.
- Adoption by States parties of temporary special measures aimed at
accelerating de facto equality between men and women shall not be
considered discrimination
Article 9.
- States parties shall grant women equal rights with men to acquire, change
or retain their nationality
Article 11.
- State parties shall take appropriate measures
- To prohibit dismissal on the ground of pregnancy or of maternity leave
- To introduce maternity leave with pay or with comparable social
benefits without loss of former employment, seniority or social
allowances
- To provide special protection to women during pregnancy
- Protective legislation
Article 16.
- Eliminate discrimination against women in all matters relating to marriage
and family relations
- Same rights to enter marriage
- To freely choose spouse
- Same rights and responsibilities during marriage and at its dissolution
- Same rights and responsibilities as parents
- Same rights to decide freely and responsibly on the number and spacing
of their children and to have access to the information, education and
means to enable them to exercise these rights
GENERAL RECOMMENDATION NO. 19
Violence Against Women
- Gender-based violence – 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
- Which impairs or nullifies the enjoyment by women of human rights and
fundamental freedoms under general international law or under human
rights conventions
- Family violence is one of the most insidious forms of violence against
women
GENERAL RECOMMENDATION NO. 25
Article 4 (1) on temporary special measures
- States parties obligations is to ensure that there is no direct or indirect
discrimination against women in their laws and that women are protected
against discrimination – committed by public, judiciary, organizations,
enterprises on private individuals – in the public as well as private spheres
by competent tribunals as well as sanctions and other remedies
- To improve the de facto position of women through concrete and effective
policies and programmes
- To address prevailing gender relations and the persistence of gender
based stereotypes that affect women not only through individual acts but
also in law and legal and societal structures and institutions
- Article 4 (1) adoption of states parties of temporary special measures
aimed at accelerating de facto equality between men and women
(temporary special measure); TEMPORARY
- Article 4 (2) adoption by states parties of special measures aimed at
protecting maternity shall not be considered discriminatory; non-identical
treatment of men and women; PERMANENT
- The term measures encompasses a wide variety of legislative, executive,
administrative and other regulatory instruments, policies and practices,
such as outreach or support programs, allocation and/or reallocation of
resources, preferential treatment, targeted recruitment, hiring and
promotion, numerical goals connected with time frames, and quota
systems.
RA 10353
ANTI-ENFORCED OR INVOLUNTARY DISAPPEARANCE ACT OF 2012
Section 3
- Enforced or involuntary disappearance refers to the arrest, detention,
abduction or any other form of deprivation of liberty committed by agents
of the State or by persons or groups of persons acting with the
authorization, support or acquiescence of the State, followed by a refusal
to acknowledge the deprivation of liberty or by the concealment of the
fate or whereabouts of the disappeared person, which places such person
outside the protection of the law
Section 4.
- Nonderogability of the Rights Against Enforced or Involuntary
Disappearance
Section 7.
- Any person who has an information is a case of enforced or involuntary
disappearance or who shall learn of such information or that a person is
a victim of enforced or involuntary disappearance shall immediately report
in writing to any office, detachment, or division or the victim’s family,
relative or lawyer
Section 14.
- The immediate commanding officer of the unit concerned or the
immediate senior official and other law enforcement agencies shall be held
liable as a principal to the crime of enforced or involuntary disappearance
for acts committed by him or her that shall have led, assisted, abetted or
allowed the commission thereof by his or her subordinates
- If such commanding officer has knowledge of or, despite such knowledge,
did not take preventive or coercive action either before, during or
immediately after its commission shall also be held liable as principal
Section 16.
- Government officials and personnel who are found to be perpetrators of
or participants as a result of preliminary investigation conducted for that
purpose shall be preventively suspended or summarily dismissed from the
service
Section 20.
- Any offender who volunteers information that leads to the discovery of
the victim shall be exempt from any criminal and/or civil liability provided
said offender does not appear to be the most guilty
Section 21.
- An act constituting enforced or involuntary disappearance shall be
considered as a continuing offense as long as the perpetrators continue
to conceal the fate and whereabouts of the disappeared person
Section 22.
- Prosecution of perpetrators shall not prescribe unless the victim surfaces
alive. In which case, the prescriptive period shall be 25 years from the
date of such reappearance
Section 23.
- Persons charges shall not benefit from any special amnesty law or similar
executive measures
Section 25
- No person shall be expelled, returned or extradited to another State
where there are substantial grounds to believe that such person shall be
in danger of being subjected to enforced or involuntary disappearance
Section 26
- Monetary compensation, rehabilitation and restitution of honor and
reputation
INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS
FROM ENFORCED DISAPPEARANCE
Article 1
- 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 2
- Enforced disappearance refers to the arrest, detention, abduction or
any other form of deprivation of liberty by agents of the State or by
persons or groups or persons acting with the authorization, support or
acquiescence of the State, followed by a refusal to acknowledge the
deprivation of liberty or by concealment of the fate or whereabouts of the
disappeared person, which place such a person outside the protection of
the law
Article 6
- Any person who commits, orders, solicits or induces the commission of,
attempts to commit, is an accomplice to or participates in an enforced
disappearance
- A superior who
- Knew or consciously disregarded information
- Exercised effective responsibility
- Failed to take all necessary and reasonable measures
- No order or instruction from any public authority, civilian, military or
other, may be invoked to justify an offense of enforced disappearance
Article 9
- Each state party shall exercise jurisdiction
- When the offense is committed in any territory under its jurisdiction
or on board a ship or aircraft registered in that State
- When the alleged offender if one of its nationals
- When the disappeared person is one of its nationals
Article 10
- State party in whose territory a person suspected of having vomited an
offense of enforced disappearance is present shall take him or her into
custody or take such other legal measures as are necessary to ensure his
or her presence.
Article 12
- Where there are reasonable grounds for believing that a person has been
subjected to enforced disappearance, the authorities referred to shall
undertake an investigation, even if there has been no formal complaint
Article 13
- The offense of enforced disappearance shall not be regarded as a political
offense or as an offense connected with political offense or as an offense
inspired by political motives
- Deemed to be considered as included in extraditable offense
Article 16
- No state party shall expel, return, surrender or extradite a person to
another State where there are substantial grounds for believing that he
or she would be in danger of being subjected to enforced disappearance
Article 17
- No one shall be held in secret detention
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT
Article 1
- Torture means any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for such purposes
as obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third
person, or for any reason based on discrimination of any kind, when such
pain or suffering is inflicted by or at the instigation of or with the consent
or acquiescence of a public official or other person acting in an official
capacity. It does not include pain or suffering arising inly from, inherent
in or incidental to lawful sanctions
Article 2
- No exceptional circumstances whatsoever may be invoked as a
justification of torture
- An order from a superior or public authority may not be invoked as a
justification of torture
Article 3
- No state party shall expel, return or extradite a person to another State
where there are substantial grounds for believing that he would be in
danger of being subjected to torture
Article 10
- State party shall ensure that education and information regarding the
prohibition against torture are fully included in the training of law
enforcement personnel, civil or military, medical personnel, public
officials, and other persons
Article 11
- State party shall keep under systematic review interrogation rules,
instructions, methods and practices
Article 12
- State party shall ensure that its competent authorities proceed to a
prompt and impartial investigation, wherever there is reasonable ground
to believe that an act of torture has been committed in any territory under
its jurisdiction
Article 13
- State party shall ensure that any individual who alleges he has been
subjected to torture in any territory under its jurisdiction has the right to
complaint to and have his case promptly and impartially examined by its
competent authorities.
CONSIDERATION OF REPORTS SUBMITTED BY THE PHILIPPINES
- Adoption of Juvenile Justice and Welfare Act
- Abolishing the death penalty
- Adoption of Anti VAWC Act
- Adoption of Anti-Trafficking in Persons Act
- Adoption of the Indigenous People’s Rights
- Promulgation by the SC of the recourse to the Rule of Writ of Amparo and
the Rule of Writ of Habeas Data
OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE…
Article 4
- State party shall allow visits to any place under its jurisdiction, either by
virtue of an order given by a public authority or at its instigation or with
its consent or acquiescence
- Deprivation of liberty means any form of detention or imprisonment or
the placement of a person in a public or private custodial setting which
that person is not permitted to leave at will by order of any judicial,
administrative or other authority
Article 14
- Objection to a visit to a particular place of detention may be made only
on urgent and compelling grounds of national defense, public safety,
natural disaster or serious disorder that temporarily prevent the carrying
out of such visit. The existence of a declared state of emergency as such
shall not be invoked by a State party as a reason to object to a visit
Article 15
- No authority or official shall order, apply, permit or tolerate any sanction
against any person or organization for having communicated to the
Subcommittee on Prevention or to its delegates any information, whether
true or false, and no such person or organization shall be otherwise
prejudiced in any way.
Article 17
- National preventive mechanism
INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF
RACIAL DISCRIMINATION
- Promote and encourage universal respect for and observance of human
rights and fundamental freedoms for all, without distinction as to race,
sex, language or religion
- Everyone is entitled to all the rights and freedoms without distinction of
any kind, in particular as to race, color, or national origin
- Speedily eliminating racial discrimination in all its forms and
manifestations
 - Doctrine of superiority is scientifically false, morally condemnable, socially
unjust and dangerous and that there is no justification for racial
discrimination, in theory or in practice.
Article 1
- Racial discrimination means 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
- This Convention shall not apply to distinction, exclusions, restrictions or
preferences between citizens and non-citizens

GENERAL RECOMMENDATION NO. 14

Definition of discrimination
- Certain forms of racial discrimination may be directed towards women
specifically because of their gender, such as
- Sexual violence in detention or during armed conflict
- The coerced sterilization of indigenous women
- Abuse of women workers in the informal sector or domestic workers
employed abroad by their employers