CHAPTER 1

INTRODUCTION
A. Rationale
B. Scope as a subject
C. Philippine contribution to International Human Rights Law
- Philippine Contribution to Universal Declaration of Human Rights
(UDHR)
- Philippine Participation on core human rights treaties
- On women’s rights: “mother” of Convention on the Elimination of
Discrimination Against Women (CEDAW) is a Filipina
- Membership to the International Criminal Court
D. Human Rights laws of the Philippines
E. Construction of human rights instruments

CHAPTER 1

INTRODUCTION

I. RATIONALE
January 1, 2005 – 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.

Commission on Human Rights (CHR) of the Philippines – issued

Resolution Nos. A2007-028 and A2007-029 urging Commission on
Higher Education and law schools in the Philippines to offer Human
Rights in the Philippine Law curriculum.

December 19, 2011 – UNGA adopted the United Nations

Declaration on Human Rights Education and Training. Article
3 of the declaration states that Human Rights education and
Training “concerns all ages” and “all levels” including pre-school,
secondary and higher education.

60 years [adoption of UDHR + ratification of several human rights

treaties + enactment of domestic human rights laws in the country]
CAUSES:
 appropriate and formal education and training on human
rights laws are still slacking.
= law schools do not offer Human Rights Law as a separate
subject, and majority of university courses do not include
the subject in their curricula.
RESULTS/EFFECTS:
= professionals are only semi-literate in human rights.
= many do not have an inkling of what the UDHR is all about.
= millions of Filipinos are not aware of the international human
rights conventions that were ratified by the Philippines by
virtue of which obligations arise.
= whenever we get some international attention for human
rights abuses, people tend to think that it is just those “bully
powers” interfering in our affairs.
= many do not quite comprehend the concept of “State
Responsibility”

UNNCESSERAY HATRED AND EVEN VIOLENCE IN THE COUNTRY

What is the most effective tool against human rights abuse?

Education

- It makes a person less likely to commit human rights violation, and

less likely to become victims either.

Article 2 of the UN Declaration on Human Rights Education and

training states:

“ Human rights education and training comprises all educational,

training, information, awareness-raising and learning activities aimed
at promoting universal respect of and observance of all human rights
and fundamental freedoms and thus contributing to, inter alia, the
prevention of human rights violations and abuses by providing persons
with knowledge, skills and understanding and developing their
attitudes and behaviors, to empower them to contribute to the building
and promotion of a universal culture of human rights”

Aim of this book:

  To introduce readers to:
1. general principles of human rights laws;
2. important human rights documents;
3. core human rights treaties; and
4. strategies and mechanisms for the protection of human rights.

B. SCOPE AS A SUBJECT

 International Human Rights Law is part of Political Law in the Philippine

legal education curriculum. The Bar Examinations on Political Law in
the recent past asked quite a number of questions on this particular
field of law.
 It usually covers the general principles of Human Rights law, the
United Nations System, the core human rights treaties and their
application and monitoring mechanisms, International Humanitarian
Law, and the international criminal tribunals. In many aspects, the
subject, intertwines with Criminal Law, Labor Law, and Tort.
 As part of the International Law course, emphasis is given to the UN
system and the International Bill of Rights. Other core human rights
treaties are sometimes sidelined in this structure.
 The UN thrust now is to make available at all levels the proper
education and training on human rights law based on the principles of
the UDHR and other human rights documents. The UN Declaration on
Human Rights Education and Training aims to raise: “awareness,
understanding and acceptance of universal human rights standards
and principles, as well as guarantees at the international, regional and
national levels for the protection of human rights and fundamental
freedoms”

C. PHILIPPINE CONTRIBUTION TO INTERNATIONAL HUMAN RIGHTS LAW

Philippine contribution to UDHR

- a member of the first UN Commission on Human Rights (composed

of only 16 countries).
- From 1946-1948, the UN Commission on HR was responsible for
the drafting of the UDHR, the first document to embody the
 aspirations of states for a world community based recognition and
respect of human rights.
- One of the original 48 countries that adopted UDHR on December
1948.

Philippine Participation on core human rights treaties

- International Convention on Economic, Social and Cultural Rights

(ICESCR), and the International Convention on Civil and Political
Rights were signed by the Philippines on December 19, 1966.
a. ICESCR ratified on June 7, 1974
b. ICCPR ratified on October 23, 1986
- One of the first signers of the International Convention Against
Racial Discrimination.
- Ratified all human treaties except one, i.e. the International
Convention for the Protection of All Persons from Enforced
Disappearance.

On women’s rights: the “mother” of Convention on the Elimination

of Discrimination Against Women (CEDAW) is a Filipina

- CEDAW is one of the core human rights treaties that could definitely
make this world a better place to live in, and benefit more than half
the world’s population.
- CEDAW is the brainchild of a Filipina, Leticia Ramos-Shahani, a
former diplomat and senator.
- Leticia Ramos-Shahani is a genuine trailblazer for women’s rights
and she almost singlehandedly placed the Philippines in the
international map on women rights crusade. In 1947, she became
the chairperson of the UN Commission on the Status of Women,
which organized the First World Conference on Women, in Mexico
City.
1. credited for the preparation and submission of the
complete draft of the CEDAW.
2. Refer her as the “mother” of CEDAW.
3. Pushed “Forward-Looking Strategies for the Advancement
of Women” (FLS) as another women’s right instrument.
 4. Successfully engineered the adoption of the FLS as the
Secretary-General for the Nairobi Conference in 1985.

Membership to the International Criminal Court