1.

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a
United Nations convention adopted and opened for signature and ratification by United Nations
General Assembly resolution 2106 (XX) December 21, 1965, and which entered into force January 4,
1969.

CASE:

Plessy vs Ferguson

4. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

The Convention on the Elimination of All Forms of Discrimination against Women is an international
convention adopted in 1979 by the United Nations General Assembly. Described as an international bill
of rights for women, it came into force on 3 September 1981. The Convention defines discrimination
against women in the following terms: ‘Any distinction, exclusion or restriction made on the basis of
sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise
by women, irrespective of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.’ It
also establishes an agenda of action for putting an end to sex-based discrimination: States ratifying
the Convention are required to enshrine male/female equality into their domestic legislation, repeal all
discriminatory provisions in their laws, and enact new provisions to guard against discrimination
against women. They must also establish tribunals and public institutions to guarantee women
effective protection against discrimination, and take steps to eliminate all forms of discrimination
practised against women by individuals, organisations, and enterprises. In 1999, the General
Assembly of the United Nations adopted the Optional Protocol of CEDAW. The Protocol includes a
procedure through which individual women or groups can denounce national violations of CEDAW
directly to CEDAW’s committee of experts.

CASE:

CHERYLL SANTOS LEUS, Petitioner,

vs.
ST. SCHOLASTICA'S COLLEGE WESTGROVE and/or SR. EDNA QUIAMBAO,
OSB, Respondents.
CHERYLL SANTOS LEUS v. ST. SCHOLASTICA’S COLLEGE WESTGROVE, GR No.
187226, 2015-01-28
Facts:
petitioner) was hired by St. Scholastica's College Westgrove (SSCW), a Catholic
educational institution, as a non-teaching personnel, engaged in pre-marital sexual
relations, got pregnant out of wedlock... married the father of her child,... and was dismissed
by SSCW, in that order.
petitioner and her boyfriend conceived a child out of wedlock. When SSCW learned of the
petitioner's pregnancy, Sr. Edna Quiambao... advised her to file a resignation letter effective
June 1, 2003. In response, the petitioner... informed Sr. Quiambao that she would not
resign from her employment just because she got pregnant... without the benefit of
marriage.[
. Quiambao formally directed the petitioner to explain in writing why she should not be
dismissed for engaging in pre-marital sexual relations and getting pregnant as a result
thereof, which amounts to serious misconduct and conduct unbecoming of an employee...
of a Catholic school.
In a letter[11] dated June 6, 2003, SSCW, through counsel, maintained that pre-marital
sexual relations, even if between two consenting adults without legal impediment to marry,
is considered a disgraceful and immoral conduct or a serious misconduct, which... are
grounds for the termination of employmen... petitioner filed a complaint for illegal dismissal
Issues:
The validity of the petitioner's dismissal hinges on the determination of whether pregnancy
out of wedlock by an employee of a catholic educational institution is a cause for the
termination of her employment.
The
Ruling:
The fact of the petitioner's pregnancy out of wedlock, without more, is not enough to
characterize the petitioner's conduct as disgraceful or immoral.
There must be substantial evidence to establish that pre-marital sexual relations and,
consequently,... pregnancy out of wedlock, are indeed considered disgraceful or immoral
The totality of the circumstances... surrounding the conduct alleged to be... disgraceful or
immoral must be assessed... against the prevailing norms of conduct.
consideration of the totality of the circumstances surrounding the conduct; and second, an
assessment of the said circumstances vis-à-vis the... prevailing norms of conduct, i.e., what
the society generally considers moral and respectable.
the right of an employee to security of tenure is protected by the Constitution.
when the law refers to morality, it necessarily pertains to public and secular morality and not
religious morality. Thus, the proscription against "disgraceful or immoral conduct" under
Section 94(e) of the 1992 MRPS, which is made as a cause for dismissal, must
necessarily... refer to public and secular morality.

6. Convention on the Rights of the Child (CRC)

The United Nations Convention on the Rights of the Child, often referred to as “CRC”, is an
international convention setting out the civil, political, economic, social and cultural rights of children.
The United Nations General Assembly agreed to adopt the Convention into international law on
November 20, 1989; it came into force on September 2, 1990, after it was ratified by the required
number of nations. The Convention generally defines a child as any person under the age of 18, unless
an earlier age of majority is recognized by a country’s law. The Convention has two Optional Protocols,
adopted by the General Assembly in May 2000 and applicable to those states that have signed and
ratified them.

case
SPOUSES PRUDENCIO and G.R. No. 163209
FILOMENA LIM,
Petitioners,
Present:
CARPIO, J., Chairperson,
QUISUMBING,*
CHICO-NAZARIO,
- versus - PERALTA, and
ABAD,** JJ.
MA. CHERYL S. LIM,
for herself and on behalf of
her minor children LESTER
EDWARD S. LIM, CANDICE
GRACE S. LIM, and MARIANO Promulgated:
S. LIM, III,

7. International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families (ICRMW)

The International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families entered into force on July 1, 2003. The Convention constitutes a comprehensive
international treaty regarding the protection of migrant workers’ rights. It emphasizes the connection
between migration and human rights. Its existence sets a moral standard, and serves as a guide and
stimulus for the promotion of migrant rights in each country.

Case:

Sameer vs Cabiles

9. Convention on the Rights of Persons with Disabilities (CRPD)

The Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted on 13
December 2006 at the United Nations Headquarters in New York, and was opened for signature on 30
March 2007. It entered into force on 3 May 2008. The Convention is intended as a human rights
instrument with an explicit, social development dimension. It adopts a broad categorisation of persons
with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights
and fundamental freedoms. It clarifies and qualifies how all categories of rights apply to persons with
disabilities and identifies areas where adaptations have to be made for persons with disabilities to
effectively exercise their rights and areas where their rights have been violated, and where protection
of rights must be reinforced. The Optional Protocol allows the UN Committee on the Rights of Persons
with Disabilities to receive and consider communications from or on behalf of individuals or groups of
individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the
provisions of the Convention.

CASE:

MAGSAYSAY MARITIME CORPORATION v. OBERTO S. LOBUSTA, GR No. 177578,

2012-01-25
Facts:
Petitioner Magsaysay Maritime Corporation is a domestic corporation and the local manning
agent of the vessel MV "Fossanger" and of petitioner Wastfel-Larsen Management A/S.
Respondent
Lobusta is a seaman who has worked for Magsaysay Maritime Corporation since 1994.
In March 1998, he was hired again as Able Seaman... boarded MV "Fossanger"
After two months, he complained of breathing difficulty and back pain.
while the vessel was in Singapore, Lobusta... was diagnosed to... be suffering from severe
acute bronchial asthma with secondary infection and lumbosacral muscle strain. Dr. C K
Lee certified that Lobusta... was fit for discharge... e on... for repatriation for further
treatment.
Upon repatriation
Dr. Robert Lim
Orthopedic Surgeon... opined that Lobusta needs surgery... spine surgery is good.
However, the Pulmonologist opined that Lobusta's obstructive airway disease needs to be
monitored regularly and that Lobusta needs to be on... bronchodilator indefinitely. Hence,
Lobusta should be declared disabled with a suggested disability grading of 10-20%.
The suggestion was not heeded and Lobusta's treatment continued.
Petitioners "then faced the need for confirmation and grading by a second opinion" and "it
took the parties time to agree on a common doctor, until they agreed on Dr. Camilo Roa."
Dr. Roa's clinical summary states that
Lobusta is not physically fit to resume his normal work as a seaman
; that his asthma will remain chronically active... and that he needs multiple... controller
medications for his asthma.
Lobusta filed... a complaint... for disability/medical benefits against petitioners before
NLRC
Magsaysay Maritime Corporation suggested that Lobusta be examined by another
company-designated doctor for an independent medical examination. The parties agreed on
an independent medical examination by Dr.
avid, whose findings it was agreed... upon, would be considered final.
Taken altogether, it is my opinion that Mr. Lobusta ought not to be considered fit to return to
work as an Able Seaman.
Labor Arbiter rendered a decision... ordering petitioners to pay Lobusta (a) US$2,060 as
medical allowance, (b) US$20,154 as disability benefits, and (c) 5% of the awards as
attorney's fees.
Lobusta appealed. The NLRC dismissed his appeal... ruled that Lobusta's condition may
only be considered permanent partial disability. While Dr. David suggested that Lobusta's
prospects as seafarer may have been restricted by his... bronchial asthma, Dr. David also
stated that the degree of impairment is mild
CA
CA declared that Lobusta is suffering from permanent total disability and increased the
award of disability benefits in his favor to
US$60,000
Hence, this petition
Petitioners argue that the CA erred in applying the provisions of the Labor Code instead of
the provisions of the POEA contract in determining Lobusta's disability, and in ruling that the
mere lapse of 120 days entitles Lobusta to total and permanent disability... benefits.
Issues:
WHETHER OR NOT THE POEA CONTRACT CONSIDERS THE MERE LAPSE OF MORE
THAN ONE HUNDRED TWENTY (120) DAYS AS TOTAL AND PERMANENT DISABILITY.
Ruling:
The petition lacks merit.
Petitioners are mistaken that it is only the POEA Standard Employment Contract that must
be considered in determining Lobusta's disability
(1) that the standard employment contract for seafarers was formulated... by the POEA
pursuant to its mandate under Executive Order No. 247... to secure the best terms and
conditions of employment of Filipino contract workers and ensure compliance therewith,"
and "to promote and protect the well-being of Filipino workers... overseas"; (2) that Section
29 of the 1996 POEA Standard Employment Contract itself provides that all rights and
obligations of the parties to the contract, including the annexes thereof, shall be governed
by the laws of the Republic of the Philippines, international... conventions, treaties and
covenants where the Philippines is a signatory; and (3) that even without this provision, a
contract of labor is so impressed with public interest that the Civil Code expressly subjects it
to the special laws on labor unions, collective... bargaining, strikes and lockouts, closed
shop, wages, working conditions, hours of labor and similar subjects.
he standard terms of the POEA Standard Employment Contract agreed upon are intended
to be read and understood in accordance with Philippine laws, particularly, Articles 191 to
193... of the Labor Code, as amended, and the applicable implementing rules and
regulations in case of any dispute, claim or grievance.
Thus, the CA was correct in applying the Labor Code provisions in Lobusta's claim for
disability benefits.
Applying the foregoing considerations, we agree with the CA that Lobusta suffered
permanent total disability.
the maximum 240-day medical treatment period had already expired. May 22, 1998 to
December 16, 1999 is 19 months or 570 days.
In Remigio, unfitness to work for 11-13 months was considered permanent total disability.
So it must be in this case. And Dr. David's much... later report that Lobusta "ought not to be
considered fit to return to work as an Able Seaman" validates that his disability is
permanent and total as provided under the POEA Standard Employment Contract and the
Labor Code, as amended.
In fact, the CA has found that Lobusta was not able to work again as a seaman and that his
disability is permanent "as he has been unable to work since 14 May 1998 to the present or
for more than 120 days.
hus, we affirm the award to Lobusta of US$60,000 as permanent total disability benefits, the
maximum award under Section 30 and 30-A of the 1996 POEA Standard Employment
Contract.