HUMAN RIGHTS LAW,

HUMAN RIGHTS CULTURE

RENE V. SARMIENTO

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 RENE V. SARMIENTO

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Ò (39) No free man shall be seized or imprisoned, or stripped of his
rights or possessions, or outlawed or exiled, or deprived of his standing in
any other way, nor will we proceed with force against him, or send others to
do so, except by the lawful judgment of his equals or by the law of the
land.Ó
 Magna Carta, 1215

Ò 9If you do away with the yoke of oppression, with the pointing finger
and malicious talk, 10and if you spend yourselves in behalf of the hungry and
satisfy the needs of the oppressed, then your light will rise in the darkness,
and your night will become like the noonday.Ó

Isaiah 58:9-10

iii
 iv

INTRODUCTION

Human Rights Law is the branch of public law that deals with the body
of laws, rules, procedures, and institutions designed to respect, promote, and
protect human rights at the national, regional, and international levels.
The inclusion of human rights law in the curriculum of all law schools
in the country is one development worth rejoicing. It signals the
mainstreaming into the study of law one subject that has, through so many
decades, undergone rapid growth and has acquired its own dynamic. From
the time it first appeared on the international agenda when the United
Nations Charter declared in its preamble that the United Nations is
determined “to reaffirm faith in fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men and women and of
nations large and smallÓ and Ò to promote social programs and better
standards of life in larger freedom,Ó human rights law has become an
important component of discourses and debates at the national and global
arenas, an inspirational tool and moral force in schools, in peace processes
and in social upheavals and has wormed its way in domestic, regional and
international legal systems and in peace agreements. For instance, Article II,
Section 11 of The 1987 Constitution of the Philippines provides that the Ò
State values the dignity of every human person and guarantees full respect
for human rights.Ó Article 1 of The 1992 Constitution of Czech Republic
states that the “Czech Republic is a sovereign, unified, and democratic law-
abiding State, based on the respect for the rights and freedoms of the
individual and citizen.Ó
The basic source of human rights is the 1948 Universal Declaration of
Human Rights that has profoundly shaped and influenced local and
international landscapes. One Filipino who figured prominently in the
drafting of this Declaration was Carlos P. Romulo who served as the
President of the Fourth Session of UN General Assembly from 1949-1950.
Author Morsink is correct that there is today Ò not a single nation culture or
people that is not in one way
or another enmeshed in human rights regimesÓ (Morsink, 1999, p. 5).
May this book serve as a useful storehouse of human rights
information and as an encouraging instrument to equip law students and
lawyers, workers in government and non-government sectors, advocates and
social entrepreneurs an understanding of human rights, international
instruments, approaches, remedies and preventive mechanisms aimed at
addressing human rights violations and human rights abuses. And may this
book contribute in ushering a Ò human rights springÓ in the Philippines and
various parts of the globe.

RENE V. SARMIENTO

v
 FOREWORD
I first met Rene Sarmiento when I led a teachers’ union in Jose Rizal
College in the early eighties during martial law. The late Senator Jose
Diokno, whom we all fondly called Ka Pepe, organized the Free Legal
Assistance Group (FLAG) where Rene became an active member as a
human rights lawyer. Ka Pepe helped me organize the union by explaining to
the members, composed of teachers and non-teaching personnel, the
importance of a unified, collective and informed voice for defending and
promoting teachers’ rights. When the school refused to give in to our
demands, FLAG assigned Rene to be our legal counsel when we finally
waged our strike. He stood by us in the thick of the strike and I learned in
practical struggle how to defend human rights at the picket lines. Though we
lost the strike –– the vigilant strikers were all removed from office –– the
school came to improve its policies in wages, working conditions and
security of tenure for both teachers and non-teaching personnel.
My second encounter with Rene was when he was chosen as one of the
framers of the 1987 Constitution. Because we were so much a part of the
people’s movement that fought the dictatorship, the street parliamentarians
who were chosen to write the Charter continued their ties with those of us
who had our work in communities, factories and schools, organizing and
mobilizing various sectors of the community in defending and promoting our
specific rights as teacher, student, lawyer, church worker, farmer, and
businessman. As a member of the Constitutional Commission, Rene was
among the more active human rights lawyers who touched base with us and
consulted us often while deliberations were ongoing in the framing of the
post-Marcos charter.
The book on Ò Human Rights Law, Human Rights CultureÓ puts on
record the basics of human rights, its development and the remedies that are
made available when such rights are violated. It reminds all and sundry Ð Ð
students in secondary or tertiary levels, teachers, ordinary citizens Ð Ð the
rudiments of what makes human rights. As Ka Pepe put it succinctly, the
enjoyment of human rights is what makes a person human. The laws on
human rights must therefore be fully enforced in order to ensure that human
beings both individually and collectively are able to realize their self-worth
and humanity.
At a time when milestone laws on human rights have been passed, such
as the law on the reparation and recognition of victims of martial law, the
law against torture, the law criminalizing enforced disappearance, the law on
reproductive health care, the magna carta of women and the like, this book
on human rights is a timely reader that can help the ordinary Filipino

vi
understand how he or she can in fact enjoy the benefits and entitlements of
these new pieces of legislation.
In behalf of the Commission on Human Rights, let me express our
deep gratitude and appreciation to Rene Sarmiento for taking time out to
write this human rights book to make accessible to the ordinary citizen and
student the importance of human rights in our daily life.

Loretta Ann P. Rosales

Chairperson
Commission on Human Rights

vii
 ACKNOWLEDGMENT

All books are done not because of one person but because of
contributions from others. These contributions can be in the form of
information, encouragement, suggestions, moral support, and efforts.
Contributors can be the living or the dead but whose influence, inspiration,
and example are felt until today. Which is why for the completion of this
book, my gratitude goes to my mentor in law and human rights, Jose W.
Diokno; to my four friend nuns (Sr. Mariani Dimaranan, SFIC; Sr.
Constance Pacis, SFIC; Sr. Christine Tan, RGS; Sr. Annunciata Salamatin,
RGS) whose passion for social causes had touched the lives of many; to Rev.
Fr. Anscar Chupungco, OSB, teacher and administrator who has mentored
the young and the teachable in the academe; to my dear wife, Dra. La Rainne
whose encouragement was boundless; to my former staff Raquel Rola who
was tireless in encoding the manuscripts; and to the librarians of San Beda
College, Mendiola and Alabang, for their heartwarming assistance.
This statement of gratitude is not complete without giving the ultimate
thanks and glory to God Almighty who wisely supplied one and all the gift
of human rights.
Maraming salamat!

viii
 x

CONTENTS

Chapter 1
THE NATURE OF HUMAN RIGHTS

Page
Definition .............................................................................. 1

Kinds ..................................................................................... 1-3

Principles .............................................................................. 3

Characteristics ..................................................................... 4

Stages ................................................................................... 4

Three Obligations of State Parties ..................................... 4-5

Readings ............................................................................... 5

Chapter 2

SOURCES AND FOUNDATIONS

OF HUMAN RIGHTS LAW

The 1987 Constitution ......................................................... 6-7

The International Bill of Rights ......................................... 7-8

Philosophy ............................................................................ 8-9

Religion ................................................................................. 9-10

Readings ............................................................................... 10

Chapter 3

CIVIL AND POLITICAL RIGHTS

(FIRST GENERATION OF RIGHTS)

Bill of Rights in The 1987 Constitution ............................. 11-12

Comprehensive Agreement on Respect for Human

Rights and International Humanitarian Law .......... 12-13

Universal Declaration of Human Rights ........................... 13

International Covenant on Civil and

Political Rights ............................................................ 13-14

Readings .............................................................................. 14

Chapter 4
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
(SECOND GENERATION OF RIGHTS)
Social Justice and Human Rights in The 1987
Constitution ................................................................. 15
Universal Declaration of Human Rights ........................... 16
The International Covenant on Economic, Social, and
Cultural Rights............................................................ 16-17
Readings ............................................................................... 17

Chapter 5
SOLIDARITY/COLLECTIVE RIGHTS
(THIRD GENERATION OF RIGHTS)
Peace, Development, Environment ..................................... 18-20
Women, Children, Persons with Disabilities,
Indigenous Peoples ...................................................... 20-23
Readings ............................................................................... 23
Chapter 6
REMEDIES AND PROCEDURES FOR RESPONDING
TO HUMAN RIGHTS VIOLATIONS AND HUMAN
RIGHTS ABUSES
Human Rights Violations .................................................... 24
Remedies .............................................................................. 24-25
Domestic Remedies .............................................................. 25-26
Administrative Remedies .................................................... 26
International Remedies ....................................................... 27
The Reporting Requirement ............................................... 27
Investigation of Communications/Complaints ................... 27-28
The International Criminal Court ...................................... 28-29
The Public 1235 Procedure ................................................. 29
The Confidential 1503 Procedure ....................................... 29-30
Special Country Rapporteurs and Thematic
Rapporteurs ................................................................. 30-31
Readings ............................................................................... 31
Chapter 7
PREVENTIVE MECHANISMS IN THE FIELD
OF HUMAN RIGHTS
The Office of the UN High Commissioner
x
 for Human Rights ....................................................... 32-33

National Human Rights Institutions ................................. 33-34

Non-Governmental Organizations (NGOs) ........................ 34-35
Readings ............................................................................... 35

Chapter 8
THE JUDICIARY, THE ACADEME, THE
FAMILY ON BUILDING
A HUMAN RIGHTS CULTURE
Human Rights Culture ........................................................ 36
The Judiciary ....................................................................... 36-38
The Academe ........................................................................ 38-39
The Family ........................................................................... 39-40
Readings ............................................................................... 40

Chapter 9
THE ROAD AHEAD ...................................... 41

APPENDICES

The 1987 Constitution Ñ

Preamble, Article II (Declaration of Principles and
State Policies), Article III (Bill of Rights),
Article XIII (Social Justice And Human Rights) ...... 45-55
Universal Declaration of Human Rights ........................... 56-62
International Covenant on Civil and Political Rights ...... 63-85
International Covenant on Economic, Social and
Cultural Rights............................................................ 86-98
Comprehensive Agreement on Respect for Human
Rights and International Humanitarian Law .......... 99-113
References ............................................................................ 114-117

xi
 1
Chapter 1

THE NATURE OF HUMAN RIGHTS

Definition
Human Rights are the aggregate of privileges, claim, benefits,
entitlements and moral guarantees that pertain to man because of his
humanity. Chilean lawyer Jose Zalaquett wrote that human rights are
regarded as a system of values or as elements which are inherent to human
dignity. In his book, Ò The Rights of Man,Ó French philosopher Jean
Jacques Maritain stressed why man has rights. Ò The human person,Ó he
said, Ò possesses rights because of the very fact that it is a person, a whole,
master of itself, and of its acts, and which consequently is not merely a
reason to an end, but an end which must be treated as suchÓ (Sarmiento,
1993, p. 3).
Pope John XXIII shares the thoughts of Jean Jacques Maritain. In his
papal encyclical Ò Pacem In Terris,Ó he showed the connection between a
human person and his possession of rights. He wrote that Ò any human
society, if it is to be well-ordered and productive, must lay down as a
foundation, this principle, namely, that every human being is a person, that
is, his nature is endowed with intelligence and full will. By virtue of this, he
has rights and duties, flowing directly and simultaneously from his very
natureÉ. Ó (pp. 3-4).
Human rights are also defined as “legal and moral entitlements that
have evolved as a basis for constructing how state power is used and
particularly to limit its use against the rights of citizensÓ (Wahiu, 2011, p. 3).
Human rights lawyer and civil libertarian Jose W. Diokno said in 1981
that Ò no cause is more worthy than the cause of human rightsÓ and Ò they
are what make man humanÓ (Diokno, 1982, p. 20).

Kinds
The rights of every person are so many, compelling Czech-
French jurist Karel Vasak in 1979 to classify them into three (3)

1
generations of rights. The first generation is known as the first generation of
civil and political rights. The second generation is known as the second
generation of economic, social, and cultural rights. The third generation is
known as the third generation of solidarity rights or collective rights. Karl
VasakÕ s three (3) divisions follow the French RevolutionÕ s three (3)
slogans: Liberty, Equality, Fraternity.
2 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
1. The first generation of rights gradually evolved over
centuries during the long development of democratic society and
serve as a protection of the individuals from the arbitrary exercise
of police power. Examples of these rights are the right to life,
liberty and security of person; right against torture; right to equal
protection against any discrimination; right against arbitrary arrest
and detention; right to a fair and public hearing by an independent
and impartial tribunal; right to be presumed innocent until proven
guilty; right to privacy, freedom of opinion and expression, etc. The
first generation of civil and political rights is also known as the first
generation of liberty rights.
Winluck Wahiu writes that civil and political rights are individual
rights against the state and are partly seen as negative rights because they
prevent the state from the performance of certain things that are considered
harmful (Wahiu, p. 3).
2. The second generation of rights started to be recognized
when people realized that possession of the first generation of
liberty rights would be valueless without the enjoyment of
economic, social, and cultural rights. The experience of the Third
World countries in their struggle against Colonialism, the influence
of Socialism and the encyclicals of the Popes all contributed to the
development and appreciation of the economic, social, and cultural
rights. Examples of these rights are the right to work, right to social
security, right to form and to join trade unions; right to education,
right to rest and leisure, right to health, right to shelter, etc. The
second generation of economic, social, and cultural rights is also
known as the second generation of equality rights.
3. The third generation of rights is intended to benefit
individuals, groups and peoples and its realization will need global
cooperation based on international solidarity (Rosas and Scheinin,
1999, p. 55). Examples of these rights are right to peace, right to
development, environmental rights, right of self-determination,
right to food, rights of women, rights of children, and right to
CHAPTER 1 THE
NATURE OF HUMAN RIGHTS

humanitarian disaster relief. The latest right is right to water. This third
generation of rights is also known as the third generation of solidarity rights.

Principles
The three (3) principles of human rights are universality, indivisibility,
and interdependence.
 3
Universality means that rights belong to and are to be enjoyed by all
human beings without distinction of any kind, such as race, color, sex or
language, religion, political and other opinion, national or social origin,
property, birth or other stature. In other words, human rights belong to
everyone wherever they are because they are human beings endowed with
dignity (Sarmiento, 1995, p. 49).
Universality also means that the internationally-recognized human
rights are the basic core minimum to be observed everywhere without
regional differences. These human rights belong to everyone, everywhere, by
virtue of being human. No one, no group, no place in the world should be
denied the enjoyment of human rights (p. 50).
The two (2) related principles of indivisibility and interdependence
mean that the first generation of liberty rights and the second generation of
equality rights are inter-related and are co-equal in importance. They form an
indivisible whole and only if these rights are guaranteed that an individual
can live decently and in dignity (p. 51). The international community must
treat human rights in equal manner, on the same footing, and with the same
emphasis (p. 52).
The experience of Jose W. Diokno in handling human rights cases
involving the marginalized and basic sectors confirms the validity of the
principles of indivisibility and interdependence of human rights. He said:
“As lawyer for small farmers, fishermen, workers, students, and
urban poor, many of whom have been detained, most of whom have
been threatened with detention, a few of whom have been shot and
wounded, when they were peacefully exercising their rights of assembly,
I have learned the painful lesson that we cannot enjoy civil and political
rights unless we enjoy economic, cultural and social rights, anymore
than we can insure our civil and political rights. True, a hungry man
does not have much freedom of choice. But equally true, when a well
fed man does not have freedom of choice, he cannot protect himself
against going hungryÓ (at p. 51).
Characteristics
Human rights are inherent, inalienable, and universal.
Inherent means that rights are the birthright of all human beings,
existing independently of the will of either an individual human being or
group. They are not obtained and granted through any human action or
intervention (Piechowiak, 1993, p. 5). When one is born, he carries with
them these rights. They cannot be separated or detached from him.
Inalienable (Ò unalienableÓ according to AmericaÕ s Declaration of
Independence) means that no person can deprive any person these rights and
no person can repudiate these rights by himself (p. 6). It also means that
these rights cannot be the subject of the commerce of man.
4 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
Universal means that these rights belong to every human being, no
matter what he or she is like (p. 5). Because rights are universal, its
promotion and protection are the duty of all States, regardless of cultural,
economic or political systems.

Stages
The three (3) stages of human rights are idealization, positivization,
and realization.
Idealization means that notions about human rights have started in the
realm of ideas that reflect a consciousness against oppression,
dehumanization or inadequate performance by the State (Drzewicki, 1993, p.
25).
Positivization is the second stage where support for the ideas became
strong and the stage is set to incorporate them into some legal instruments,
whether domestic law or international law (p. 25).
Realization is the last stage where these rights are enjoyed by the
citizens of the State by the transformation of the social, economic, and
political order (p. 25).

Three Obligations of State Parties

State Parties to International Covenants have obligations: obligation to
respect, obligation to ensure, and obligation to protect.
Article 2(1) of the International Covenant on Civil and Political Rights
(ICCPR) contain the obligation to respect. It indicates the
CHAPTER 1 THE
NATURE OF HUMAN RIGHTS

negative character of civil and political rights, commanding State Parties to

refrain from restricting the exercise of these rights where such is not
expressly allowed. Take the example of prohibition of torture in Article 7 of
ICCPR. It is absolute, meaning, States must refrain from practicing torture
under all circumstances. Other provisions like right to life in Article 6(1) of
ICCPR or the protection of privacy in Article 17 of ICCPR only prohibit
arbitrary interference. Other provisions like the political freedoms in Articles
18, 19, 21 and 22 of ICCPR authorize the State Parties to impose restrictions
(Nowak, 1997, p. 87).
Article 2(1) of the same International Covenant on Civil and Political
Rights (ICCPR) containing the obligation to ensure indicates the positive
character of the civil and political rights and the economic, social, and
 5
cultural rights. Under the obligation, State Parties must be proactive to
enable individuals to enjoy their rights.
In concrete, this means that State Parties has the obligation under Article 2(2)
to adopt executive, judicial, and legislative measures, to provide an effective
remedy to victims of human rights violators under Article 2(3) and to
safeguard certain rights by means of procedural guarantees and legal
institutions (p. 87).
The obligation to ensure includes the obligation to protect. And this
means preventing private individuals, groups or entities from interfering with
the individualÕ s civil and political rights. The horizontal efforts (application
of human rights between individuals or other private subjects) depend on the
wording of a given right. For example, the prohibition of slavery in Article 8
of ICCPR or the prohibition of advocacy of racial hatred in Article 20 of
ICCPR applies primarily on the horizontal level. The right to the protection
of law under Articles 6, 17, 23, 24, and 26 signify the need to take positive
means, to protect children, the family and the rights to life, liberty and
equality (pp. 87-88).

Readings:
Simon vs. Commission on Human Rights, G.R. No. 100150,
January 5, 1994
Soriao vs. Pineda, CA-G.R. SP No. 31546, August 10, 1994
Oposa vs. Factoran, 224 SCRA 792 (1993)
Baldoza vs. Dimaano, 71 SCRA 152 (1976)
David vs. Pres. Gloria Macapagal-Arroyo, et al., G.R. No.
171396 (2006)
Chapter 2

SOURCES AND FOUNDATIONS

OF HUMAN RIGHTS LAW

The 1987 Constitution

The basic source of human rights law in the Philippines is The 1987
Constitution. It is rich in human rights content and constitutes a vast
improvement of the previous Philippine Constitutions, namely, The 1897
Biak-na-Bato Constitution, The 1899 Malolos Constitution, The 1935
Constitution, The 1943 Constitution, The 1973 Constitution and The 1986
Freedom Constitution. In it are found the first generation of rights (Article
III, Bill of Rights), the second generation of rights (Article XII, National
6 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
Economy and Patrimony; Article XIII, Social Justice and Human Rights;
Article XIV, Education, Science and Technology, Arts, Culture and Sports)
and the third generation of rights (Article II, Declaration of Principles and
State Policies; Article XV, The Family).
A novel feature of the 1987 Constitution is the independent
constitutional office called the Commission on Human Rights, one of the first
national human rights commission in the world. Two of its important
functions under Section 18, Article XIII of The 1987 Constitution are to
investigate human rights violations involving civil and political rights either
committed by the government or by non-governmental entities and to
establish a program of education and information to enhance respect for the
primacy of human rights.
The 1987 Constitution has been the basis of laws passed by Congress
dealing with the first generation of rights like Republic Act No. 7438 (Rights
of Persons Arrested, Detained or Under Custodial Investigation), Republic
Act No. 8493 (Speedy Trial Act of 1998), Republic Act No. 10350 (Anti-
Enforced Disappearance Act), Republic Act No. 9745 (Penalizes Acts of
Torture), Republic
Act No. 9851 (Penalizes Crime Against International Humanitarian
Law, etc.) and Republic Act No. 10368 (Creation of Human Rights
Victims Claims Board); those dealing with second generation of

6
CHAPTER 2
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW

rights like Republic Act No. 6657 (Comprehensive Agrarian Reform Law),
Republic Act No. 7279 (Urban Development and Housing Act of 1992),
Republic Act No. 8282 (Social Security Act of 1992), Republic Act No. 6938
(The Cooperative Code), Republic Act No. 8435 (Agriculture and Fisheries
Modernization Act of 1997); and those dealing with third generation of rights
like Republic Act No. 7192 (Women in Development and Nation-Building
Act), Republic Act No. 8505 (Rape Victim Assistance and Protection Act of
1998),
Republic Act No. 6955 (Declares Unlawful the Practice of Matching
Filipino Women for Marriage To Foreign Nationals on a Mail Order Basis),
Republic Act No. 9710 (An Act Providing for the Magna Carta of Women),
Republic Act No. 7610 (An Act Providing For Stronger Deterrence and
Special Protection Against Child Abuse, etc.), Republic Act No. 8749
(Philippine Clean Air Act of 1999), Republic Act No. 9003 (Ecological Solid
Waste Management and Protection Act) and Republic Act No. 9147 (Wildlife
Resources Conservation and Protection Act).
 7
The 1987 Constitution is sometimes called a Human Rights
Constitution because of its many human rights and human rightsrelated
provisions found in several of its Articles.
The 1987 Constitution is the seventh Constitution drafted by Filipinos.
The six (6) Constitutions were The 1897 Biak-na-Bato Constitution, The
1899 Malolos Constitution, The 1935 Constitution, The 1943 Constitution,
The 1973 Constitution and The 1986 Freedom Constitution. All seven (7)
Constitutions have provisions on human rights.

The International Bill of Rights

The 1987 Constitution contains an Incorporation Clause found in its
Article II, Section 2, stating Ò [T]he Philippines renounces war as an
instrument of national policy, adopts the generally accepted principles of
international laws as part of the land. ...Ó This clause made possible the
application in the Philippines of the human rights principles stated in the
International Bill of Rights (composed of the threesome Universal
Declaration of Human Rights, the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights).
U Thant, former Secretary General of the United Nations has called the
three (3) documents plus the Optional Protocol to the Covenant on Civil and
Political Rights as Ò a Magna Carta for mankindÓ and Ò is the essential
prerequisite for peace at home and in the worldÓ (Sarmiento, 1993, p. 6).
The Commission on Human Rights of the United Nations was tasked
to prepare the Universal Declaration of Human Rights. The Commission
established a drafting committee composed of eight (8) members chaired by
Mrs. Eleanor Roosevelt. In 1948, the Commission after holding eight (8)
meetings over almost two (2) years, adopted the draft Declaration and
submitted it to the UN General Assembly through the Economic and Social
Council. On December 10, 1948, the General Assembly adopted the
Declaration at the Chaillot Palace in Paris. The Declaration was adopted by
48 votes in favor, none against and eight abstentions (Byelorussia,
Czechoslovakia, Poland, Saudi Arabia, South Africa, Ukraine, USSR and
Yugoslavia) (Drzewicki, 1997, p. 71).
The Preamble to the Declaration is important because it refers to the
concepts of inherent human dignity and one inalienable nature of human
rights as the philosophical sources of the Declaration and inspiration for
further development of human rights. The Preamble calls for inter-cultural
consensus by indicating that Ò a common understanding of the rights and
freedoms is of greatest importance for the full realizationÓ of the pledge of
Members of the United Nations to achieve the promotion of universal respect
for and observance of human rights and fundamental freedoms (Ibid.).
8 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
The PreambleÕ s reference to Ò freedom of speech and belief and
freedom from fear and want” in its paragraph 2 reflect the Four Freedoms
Message to the U.S. Congress by Franklin D. Roosevelt in January, 1941 (p.
72).
Today, the Declaration is considered as the first internationally adopted
catalogue of human rights and is one of the best legal instruments on human
rights ever adopted (p. 73). It sets the Guinness World Record for most
translated document in the world. Former High Commissioner for Human
Rights, Mary Robinson, said that the common language of humanity, the
language of human rights, is enshrined in the Declaration (Office of the High
Commissioner of Human Rights, 2013).

Philosophy
The other sources of human rights are philosophy and religion.
The writings, exposition and discourses of John Locke, Jean Jacques
Rousseau, Baron de Montesquieu, Immanuel Kant, Thomas Hobbes, John
Stuart Mill and others influenced the development and enrichment of human
rights. These Western thinkers inspired
CHAPTER 2
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW

the formulation of the Universal Declaration of Human Rights, the English

Bill of Rights (1689), the American Declaration of Independence (1776), the
French Declaration of the Rights of Man and of the Citizens (1798) and other
human rights instruments.
John Locke (1632-1704), English philosopher, wrote the Second
Treatise of Government where he argued that sovereignty resides in the
people and explained the nature of government in terms of natural rights and
social contract. He wrote that legitimate government is instituted by the
covenant of the governed and that this legitimate government is duty-bound
to preserve the rights of life, liberty, health and property of its citizens; and,
to prosecute and punish those who violate the rights of others and to pursue
the public good. This social contract theory is what permeates many national
constitutions today (Standard Encyclopedia of Philosophy, 2012).
Jean Jacques Rousseau (1712-1978), a Franco-Swiss philosopher,
authored his masterpiece Ò The Social Contract.Ó Here, he postulated a
social contract by which the citizens surrender their rights to the Ò general
willÓ of the people which must aim at the impartial good. Submission to the
authority of the Ò general willÓ of the people by the citizens who joined
together into civil society through the social contract and abandoning their
 9
claims of natural right, citizens preserve themselves and remain free
(Standard Encyclopedia of Philosophy, 2010).
Baron de Montesquieu (1689-1755), a French philosopher, wrote Ò
The Spirit of the Laws,Ó his magnum opus, to explain human laws and
institutions. He saw despotism Ò a single person directs everything by his
own will and caprice,Ó as a standing danger for any government not despotic
and argued that it could best be prevented by a system of separation of
powers in which different bodies exercise legislative, executive, and judicial
powers. Today, this theory of separation of powers that initially inspired the
U.S. Constitutional Convention of 1787 is what underlies many modern
governments (Britannica Concise Encyclopedia).

Religion
Embed in the sacred scriptures and books of the worldÕ s religions are
lessons and teachings on human dignity, sanctity of life, worth of conscience,
social justice, respect for the integrity of creation, rights of prisoners, rights
of persons with disabilities, rights of minorities, rights of children, etc. In
Christianity, one finds them in the Old Testament and New Testament.
Amos 5:24 commands “let justice flow like a stream, and righteousness
like water that never goes dry.Ó
Isaiah 61:1-3 instructs us Ò to bring good news to the poor,Ó Ò to heal
the broken hearted,Ó and Ò to announce release to captives.Ó
Matthew 26:35 reminds us that one who is blessed by God and one
who will inherit the Kingdom is he or she who gives food to the hungry,
drink to the thirsty, clothing to the naked, care to the ill and visitation to
those in prison.
Luke 1:46 is the Canticle of Mary and it speaks of the Mighty One who
has dispersed the arrogant mind and heart, thrown down the rulers from their
thrones but lifted up the humble and filled the hungry with good things.
In the Ò Our Father,Ó the prayer taught by Jesus Christ, we are told
about the Father of all who gives food (material/spiritual bread, etc.) to His
children.
The primacy attached to life and dignity of the human person, the
principle of tolerance based on the inalienability of personal conscience,
respect for dwelling and the right to asylum are found in Islam.
Koran 5:2 states that Ò who so slays a soul not to retaliate for a soul
slain, nor for corruption done in the land, shall be us if he had slain mankind
altogether.
Koran 2:84 requires that Ò Ye shall not shed your brotherÕ s blood,
nor dispossess one another of your habitations.Ó
10 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
Readings:
Article II, Article III, Article XIII, The 1987 Constitution of the
Philippines
Universal Declaration of Human Rights
Mejoff vs. Director of Prisons, 90 Phil. 70 (1951)
Kuroda vs. Jalandoni, 42 O.G. 4282
John LockeÕ s Second Treatise of Government
Amos 5:24, Isaiah 61:1-3 (Old Testament); Matthew 26:35,
Luke 1:46 (New Testament)
Koran 5:2, Koran 2:84
Chapter 3

CIVIL AND POLITICAL RIGHTS

(FIRST GENERATION OF RIGHTS)

Bill of Rights In The 1987 Constitution

The Bill of Rights is a regular fixture in all Philippine Constitutions,
except in the Biak-na-Bato Constitution of 1897. In the 1935 Constitution,
the 1973 Constitution and the 1986 Freedom Constitution, it was called Bill
of Rights. In the 1943 Constitution, it was called Duties and Rights of the
Citizen and in the 1899 Malolos Constitution, it was called The Filipinos and
Their National and Individual Rights. It is Bill of Rights in the 1987
Constitution.
The Bill of Rights is an enumeration of civil and political rights that are
self-executing (no need of implementing legislation) and serves as a
restriction upon the powers of the State Government, in order to preserve
constitutional harmony and stability has to honor and respect these rights
while exercising its fundamental powers like police power, eminent domain,
and taxation. Ò What the Bill of Rights does,Ó wrote Fr. Joaquin Bernas,
S.J., Ò is to declare some forbidden zones in the private sphere inaccessible
to any power holderÓ (I Record of the Constitutional Commission of 1986,
p. 674).
The provisions in Article III (Bill of Rights), The 1987 Constitution in
relation to Article IV (Bill of Rights), The 1973 Constitution can be
classified into four (4) types. They are: (1) the completely new provisions
like Section 12(4), Section 18(1) and Section 19(2); (2) the old provisions
that contain amendments by addition like Section 4, Section 6, Section 7,
Section 11, Section 12(1), Section 12(2), Section 12(3), Section 13 and
Section 19(1); (3) the old provisions where words and phrases were amended
 11
by deletion like Section 2 and Section 15; and (4) the old provisions that
remained intact like Section 1, Section 3(1), Section 5, Section 9, Section 10,
Section 20, Section 21, and Section 22.

11
The Bill of Rights in the 1987 Constitution traces its beginning to
BritainÕ s 1689 Declaration of Rights that later on became known as Bill of
Rights of 1689. The Bill of Rights of 1689 recognized, among others, the
right of the subjects to petition the king, the free election of members of
Parliament, the freedom of speech and debates in Parliament, the prohibition
against excessive bail and excessive fines and the non-infliction of cruel and
universal punishment.
The Bill of Rights of 1689 influenced the inclusion of Bill of Rights in
the State Constitutions of Massachusetts, New Jersey, and Virgina and
finally the introduction of the first 10 amendments to the U.S. Constitution
which are now known as the Bill of Rights of 1791.

Comprehensive Agreement on Respect for Human Rights

and International Humanitarian Law
This is the first substantive agreement signed by the Negotiating Panels
of the Government of the Republic of the Philippines and the National
Democratic Front on March 16, 1998 in The Hague, The Netherlands. It took
many years of peace talks between the two (2) Panels at various venues at
The Netherlands and of consultations with their principles before the draft
was completed and signed.
This Comprehensive Agreement consists of seven (7) parts. They are:
(1) the Preamble which introduces the Agreement and articulates the reasons
for and the intention of the parties in entering into the Agreement; (2)
Declaration of Principles; (3) Bases, Scope, and Applicability; (4) Respect
for Human Rights; (5) Respect for International Humanitarian Law; (6) Joint
Monitoring Committee; and (7) Final Provisions.
The three (3) principles of human rights, namely, universality,
indivisibility, and interdependence are enunciated in the Agreement through
numerous rights like the right of the people to oppose oppression and
tyranny; the right of the victims and their families to adequate compensation
and indemnification, restitution, and rehabilitation; the right to effective
sanctions and guarantees against repetition of human rights violations and
impunity; the right against summary executions (salvaging) and involuntary
disappearances; the right not to be subjected to physical or mental torture,
solitary confinement, rape, and sexual abuse; the equal right of women in all
fields of endeavor; the right of children and disabled to protection, care and a
home; the rights of the minority
12 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
CHAPTER 3
CIVIL AND POLITICAL RIGHTS (FIRST
GENERATION OF RIGHTS)

communities in the Philippines to autonomy, to their ancestral lands and the

natural resources in these lands, etc.

Universal Declaration of Human Rights

Article 3 to Article 21 of the Declaration contains the catalogue of civil
and political rights of the first generation. These are the right to life, liberty,
and security; freedom from slavery and servitude; freedom from torture and
inhuman treatment or punishment; the right to recognition as a person before
the law; freedom from arbitrary arrest, detention or exile; the right to equal
protection of the law; the right to an effective remedy; the right to a fair trial;
the right to privacy; freedom of movement and residence; the right to
nationality; freedom of thought, conscience and religion; freedom of opinion
and expression; freedom of assembly and association; the right to property;
the right to participate in government, etc. (Drzewicki, 1999, p. 73).

International Covenant on Civil and Political Rights

This Covenant was adopted unanimously by 106 States and entered
into force in 1976. It is divided into a Preamble and six (6) parts. Parts I to
III (Articles 1 to 27) contain all substantive rights and some general
provisions like prohibition of discrimination and misuse, gender equality, a
derogations and a savings clause. Parts IV to VI (Articles 28 to 53) contain
the international monitoring provisions, some principles of interpretation and
final clauses (Nowak, 1999, pp. 84-85).
The individual rights enumerated in Part III include right to life
(Article 6), the prohibition of torture and inhuman prison conditions (Articles
7 and 10), the prohibition of slavery (Article 8), the right to personal liberty
and security, including prohibition of detention for debt (Articles 9 and 11),
freedom of movement and protection of aliens against arbitrary expulsion
(Articles 12 and 13), procedural guarantees in civil and criminal trials
including prohibition of retroactive criminal laws (Articles 14 and 15),
recognition of legal personality (Article 16), etc. (p. 85).
The first Optional Protocol to the Covenant which provides for the
possibility of individual complaints was adopted by 66 to 2 votes, with 38
abstentions. On December 15, 1989, a second Optional Protocol aimed at the
abolition of the death penalty was adopted by 59 to 28 votes, with 48
abstentions (pp. 83-84).

Readings:
 13
Orquiola vs. Tandang Sora Development Corporation, 386
SCRA 301 (2002)
Stonehill vs. Diokno, 20 SCRA 383 (1967)
Government of Hongkong vs. Olalia, G.R. No. 153875, April 19, 2007
Time, Inc. vs. Hill, 385 U.S. 374 (1967)
Hudgen vs. National Labor Relations Board, 424 U.S. 507
(1976)
14 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
Chapter 4

ECONOMIC, SOCIAL, AND CULTURAL

RIGHTS (SECOND GENERATION OF
RIGHTS)

Social Justice and Human Rights

in The 1987 Constitution
The Article on Social Justice and Human Rights is an innovation in the
1987 Constitution. It is not found in previous Philippine Constitutions. It
contains a rich inventory of economic, social and cultural rights like rights of
all workers to self-organization, collective bargaining, and negotiations, and
peaceful concerted activities; right to security of tenure, humane conditions
of work, and a living wage; right to agrarian and natural resources reform;
right to urban land reform and housing; right to health; and right of working
women by providing them safe and healthful working conditions.
Social justice is not defined in the 1987 Constitution. But
Commissioner Teresa Nieva, Chairperson of the Committee on Social Justice
in the 1986 Constitutional Commission, said that social justice is the
centerpiece of the 1987 Constitution and rights, dignity, and participation
remain illusory without social justice. It was Jose P. Laurel, in Calalang vs.
Williams (70 Phil. 726), who defined social justice as “neither communism
nor despotism, not atomism, nor anarchy, but the humanization of laws and
the equalization of social and economic forces by the State so that justice in
its rational and objectively secular conception may at least be
approximatedÉ. Ó
The inclusion of the second generation of rights found in the Article on
Social Justice and Human Rights of The 1987 Constitution is an
acknowledgment of its equally important status vis-ˆ -vis the first generation
of rights.

15
Universal Declaration of Human Rights
The Declaration is not only a repository of the first generation of rights
but also of the second generation of rights. Articles 22 to 27 enumerates
these rights as the right to social security, the right to work, the right to rest
and leisure, the right to an adequate standard of living, the right to education
and the right to participate in the cultural life (Drzewicki, 1997, p. 73).
 15
The second generation of rights in the Declaration has served as an
inspirational tool for regional human rights instruments and national
constitutions. The African Charter on Human and PeopleÕ s Rights protects
the right to work in Article 15, the right to health in Article 16, and the right
to education in Article 17. The European Social Charter recognizes right to
work, to favorable working conditions, the right to join trade unions and to
take collective labor in Article 1 to 10, the right to health in Article 11, the
right to social security, including the right to medical assistance and right to
social welfare services in Articles 12 to 14.

International Covenant on Economic, Social, and Cultural

Rights
This Covenant is the sister covenant of the International Covenant on
Civil and Political Rights. The two (2) sister covenants were adopted
unanimously by 106 States.
The Covenant consists of 31 Articles contained in six (6) sections: the
Preamble and Parts I to V. The meat of the Covenant is found in Part III that
lists the rights to be protected. These rights are the right to work (Article 6),
the right to fair conditions of employment (Article 7), the right to join and
form trade unions (Article 8), the right to social security (Article 9), the right
to protection of the family (Article 10), the right to an adequate standard of
living, including the right to food, clothing and housing (Article 11), the right
to health (Article 12), the right to education (Article 13), and the right to
culture (Article 15) (Craven, 1999, p. 103).
Several international instruments affirm these rights mentioned in the
Covenant. These instruments include the International Convention on the
Rights of the Child (Articles 24-31); the Convention on the Elimination of
All Forms of Discrimination Against Women (Article 1) and certain
instruments of the International
Labor Organization (ILO). Recognition is given to economic, social
CHAPTER 4
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS (SECOND
GENERATION OF RIGHTS)

and cultural rights in the African Charter on Human and PeopleÕ s Rights
and in the European Social Charter (ESC) (p. 104).

Readings:
JMM Promotions and Management, Inc. vs. Court of Appeals,
260 SCRA 319 (1996)
Bernardo vs. NLRC, G.R. No. 122917, July 12, 1999
Calalang vs. Williams, 70 Phil. 726 (1940)
16 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
Phil. Merchant Marine School, Inc. vs. Court of Appeals, 244 SCRA
770 (1995)
MMDA vs. Concerned Residents of Manila Bay, G.R. Nos. 171947-48,
December 18, 2008
 17
Chapter 5

SOLIDARITY/COLLECTIVE RIGHTS
(THIRD GENERATION OF RIGHTS)

Peace, Development, Environment

Right to peace belongs to the category of solidarity/collective rights. It
is universally recognized that peoples of the earth have a sacred right to
peace and that the preservation of the right of peoples to peace and the
promotion of its implementation constitute a fundamental obligation of each
State (Declaration on the Right of Peoples to Peace, 1984).
Conflicts of an international character and non-international character
have resulted in millions of casualties and have caused untold sufferings to
peoples of the world. Although the number of conflicts of an international
character has declined since World War II, it is estimated that conflicts of a
non-international character, internal conflicts and tyrannical regime
victimization during the course of the twentieth century have resulted in
more than 170 million deaths (Bassiouni, 1996, p. 322).
International instruments related to peace include the UN
Declaration on Principles of International Law Concerning Friendly
Relations and Cooperation Among States, UN General Assembly Resolution
33/73 Declaration on the Preparation of Societies for Life in Peace (1978),
Declaration on the Right of Peoples to Peace of
1984, UNGA Resolution 57/216 Promotion of the Right of Peoples to Peace
(2002), UNGA Resolution 45/14 Implementation of the Right of Peoples to
Peace (1990).
Right to development is another example of a solidarity/ collective
right. Development is a comprehensive economic, social, cultural and
political process which aims at the constant improvement of the well-being
of the entire population and of all individuals through their meaningful
participation (Declaration on the Right to Development, 1986). Amartya Sen
defines it as a

18
18 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

process of expanding the freedoms that people enjoy and requires the
removal of major sources of unfreedom like poverty, tyranny, poor economic
opportunities, systematic social deprivation, neglect of public facilities,
intolerance or overactivity of repressive states (Barua-Yap, 2003, p. 277).
Poverty embraces the spectrum of conditions where freedoms are diminished
and denied (p. 278).
The right to development was proclaimed in the UN Declaration on the
Right to Development (1986). It is also recognized in the African Charter on
Human Rights and PeopleÕ s Rights and the Arab Charter on Human Rights.
It is re-affirmed in instruments like the 1992 Rio Declaration on
Environment and Development, the 1993 Vienna Declaration and
Programme of Action, the Millennium
Declaration, the 2002 Monterey Consensus, the 2005 World Summit
Outcome Document and the 2007 Declaration on the Rights of Indigenous
Peoples (The Right to Development at a glance, http://
[Link]/en/events [Accessed on October 5, 2013 Ed.]).
The right to environment is seen today as an important right because of
global warming, climate change, the damaging effects of environmental
pollution on human beings and the degradation of the worldÕ s environment
that includes land, water and air. But the global recognition that human rights
and environmental protection are connected and that man has a fundamental
right to an environment that permits a life of dignity and well-being became
explicit only in 1972 at the Stockholm Conference. This conference is
considered an important starting point in developing environmental law at
the global and national levels. Principle 1 of the Stockholm Declaration
linked environmental protection and human rights by stating that Ò [M]an
has the fundamental right to freedom, equality and adequate conditions of
life, in an environment of a quality that permits a life of dignity and well-
being, and he bears a solemn responsibility to protect and improve the
environment for present and future generations.Ó Today, the right to
environment is directly mentioned in the International Covenant on
Economic, Social and Cultural Rights in Article 12(2) which states that Ò
[T]he steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary for É
(b) The improvement of all aspects of environmental and industrial hygieneÓ
(The Right to A Healthy Environment, [Link] edu/humanrts
[Accessed on October 4, 2013 Ed.]).
Some treaties that contain environmental obligations for States include
the 1972 World Heritage Convention, the 1985 Vienna Convention, the 1987
Montreal Protocol on Substances that Deplete the Ozone Layer, the 1989
Basel Convention on the Control of Transboundary Movements of
 CHAPTER 5 19
SOLIDARITY/COLLECTIVE RIGHTS
(THIRD GENERATION OF RIGHTS)

Hazardous Wastes and Their Disposal, the 1992 Convention on Biological

Diversity (The Right to A Healthy Environment,
[Link] [Accessed on October 4, 2013 Ed.]).

Women, Children, Persons With Disabilities, Indigenous

Peoples Women
Women, children, persons with disabilities and indigenous peoples are
among the worldÕ s vulnerable, disadvantaged and marginalized groups of
people or sectors. They have rights but these are violated.
Women, though they comprise one-half of humanity, face persistent
and widespread denial of their basic rights. This denial restrict their choices,
increase their vulnerability to violence and make it difficult for them to
obtain justice. Examples of this denial include over half a million women
continue to die each year from pregnancy and childbirth-related causes; rates
of HIV infection among women are rapidly increasing partly because of their
economic and social vulnerability, gender-based violence kills and disables
as many women between the ages 15 and 44 as cancer; women are twice as
likely as men to be illiterate; women still earn less than men, even for similar
kinds of work and many countries that have ratified the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) still
have discriminatory laws governing marriage, land, property and inheritance
(The Human Rights of Women: Advancing Human Rights: UNFPA,
[Link] rights/[Link] [Accessed on October 5, 2013
Ed.]).
The core international human rights instruments that pertain to women
and their rights are The Declaration on the Elimination of Discrimination
Against Women, Convention on the Elimination of All Forms of
Discrimination Against Women, Convention on the Political Rights of
Women and Declaration on the Protection of Women and Children in
Emergency and Armed Conflict.

Children
Although they are the worldÕ s future, children across the globe are
denied their rights. They are exploited, abused, maltreated, deprived of
education, sold, subjected to cruel methods of punishment, and discriminated
against. These children are the streetchildren, child workers, child brides,
child combatants, child abductees, child offenders living lives without
parole, child refugee and children without education.
Children as human beings have rights and because of their
vulnerability are in need of special care, attention and protection. The full
20 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

range of human rights that children should enjoy is found in the Convention
on the Rights of the Child, the first legally binding international instrument
on childrenÕ s rights. This Convention enumerates three (3) basic rights that
children everywhere should have, namely, the right to survival, the right to
develop to the fullest, to protection from harmful influences, abuse and
exploitation, and to participate fully in family, cultural and social life
(UNICEF Convention on the Rights of the Child, [Link]
[Accessed on October 4, 2013 Ed.]).
To prevent the growing abuse and exploitation of children worldwide,
the UN General Assembly in 2000 adopted two (2) Optional Protocols to the
Convention. The first is the Optional Protocol on the involvement of children
in armed recruitment and requires States to do everything they can to prevent
children under the age of 18 from taking direct part in hostilities. The second
is the Optional Protocol on the sale of children, child prostitution, and child
pornography that draws special attention to the criminalization of serious
violations of human rights and emphasizes the need for public awareness and
international cooperation to combat them
(Ibid.).

Persons With Disabilities (PWDs)

Article 1 of the UN Convention on the Rights of Persons With
Disabilities (2008) defines persons with disabilities as those Ò who have
long-term physical, mental, intellectual or sensory impairments, which in
interaction with various barriers may hinder them full and effective
participation in society on an equal basis with others.Ó Republic Act No.
7277 (Magna Carta for Disabled Persons), 1992, defines them as “those
suffering from restriction or different abilities, as a result of a mental,
physical or sensory impairment, to perform an activity in the manner or
within the range considered normal for a human being.Ó
The United Nations estimates that there are 50 million PWDs in the
world today. Due to war and destruction, unhealthy living conditions, or the
absence of knowledge about disability, its causes, prevention and treatment,
the number increases every year (Persons with Disabilities,
[Link] [Accessed on October 4, 2013 Ð Ð Ed.]).
The World Health Organization (WHO) estimates that 15% of the worldÕ s
population has a disability and the prevalence is higher in post-conflict
countries.
PWDs suffer from discrimination and often do not enjoy the same
opportunities like other people because of lack of access to essential services.
These vulnerable groups that face discrimination include women, children,
 CHAPTER 5 21
SOLIDARITY/COLLECTIVE RIGHTS
(THIRD GENERATION OF RIGHTS)

elders, victims of torture, refugees, displaced persons and immigrant workers

(Persons with Disabilities, http:// [Link]/[Link] [Accessed on
October 4, 2013 Ed.]).
The international instruments and documents that pertain to PWDs are
Declaration on the Rights of Mentally Retarded Persons (1971), Declaration
on the Rights of Disabled Persons (1975), Declaration on the Rights of Deaf-
Blind Persons (1979), Convention
No. (59) concerning Vocational Rehabilitation and Employment (Disabled
Persons, 1983), Principles for the Protection of Persons with Mental Illnesses
and the Improvement of Health Care (1991), Standard Rule on the
Equalization of Opportunities for Persons with Disabilities (1993), Beijing
Declaration on the Rights of People with Disabilities (2000) and Convention
on the Rights of Persons with Disabilities (2007).

Indigenous Peoples
Indigenous peoples are those that have historically belonged to a
particular region or country before its colonization or transformation into a
nation, state and may have different Ñ often unique Ñ cultural, linguistic,
traditional, and other characteristics to those of the dominant culture of that
region or state (United Nations Permanent Forum on Indigenous Issues,
[Link] org/article [Accessed on October 4, 2013 Ed.]). In
2010, there were approximately 370 million indigenous people spanning 70
countries worldwide.
In the Philippines, indigenous peoples are estimated to comprise 10%
of the population of about 100 million. They generally live in geographically
isolated areas with poor access to basic social services and limited
opportunities for mainstream economic activities. They lack education and
have inadequate political representation. But minerals, forests and rivers can
be found where they are and make them vulnerable to development
aggression (Guia-Padilla, 2011, p. 262).
The UN Declaration on the Rights of Indigenous Peoples (2007)
recognizes that indigenous peoples have suffered from historical injustices as
a result of, among others, their colonization and dispossession of their lands,
territories, and resources, preventing them from exercising their right to
development based on their needs and interests. It also acknowledges the
urgent need to respect and promote the inherent rights of indigenous peoples
which are derived from their political, economic, and social structures, from
their cultures, spiritual traditions, histories, and philosophies.
The UN Declaration on the Rights of Indigenous Peoples is the most
comprehensive instrument detailing the rights of indigenous peoples in
22 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

international law and policy, containing minimum standards for the

recognition, protection and promotion of these rights. These rights include
the right to self-determination, right to lands, territories and resources, right
to health, education, employment, housing, sanitation, social security and an
adequate standard of living, right not to be subjected to assimilation or
destruction of their culture, the right to practice and revitalize their cultural
traditions and customs, etc.

Readings:
Declaration on the Right of Peoples to Peace (1984)
Declaration on the Right to Development (1986)
Convention on Biological Diversity (1992)
Convention on the Elimination of All Forms of Discrimination
Against Women (1979)
Magna Carta of Women (2009)
Convention on the Rights of the Child (1990)
Convention on the Rights of Persons with Disabilities (2008)
Declaration on the Rights of Indigenous Peoples (2007)
Chapter 6

REMEDIES AND PROCEDURES

FOR RESPONDING TO HUMAN
RIGHTS
VIOLATIONS AND HUMAN RIGHTS ABUSES

Human Rights Violations

These are acts committed by or at the instigation of or with the consent
of a public official or other person acting in an official capacity contrary to
human rights law, causing bodily or mental pain or suffering or death. They
occur when State actors abuse or deny basic human rights.
R.A. No. 10368 (The Human Rights Reparation and Recognition Act
of 2013) defines human rights violation as any act or omission committed
during the period from September 21, 1972 to February 25, 1986 by persons
acting in an official capacity and/or agents of the State and includes any
illegal search, arrest and/or detention, any affliction of physical injury, any
enforced or involuntary disappearance, force or intimidation causing the
 CHAPTER 5 23
SOLIDARITY/COLLECTIVE RIGHTS
(THIRD GENERATION OF RIGHTS)

involuntary exile of a person from the Philippines, any act or force,

intimidation or deceit causing unjust or illegal takeover of a business, etc.
Traditionally, when non-State actors (rebels, insurgents,
nongovernmental entities) commit these transgressions or violations of
human rights, their actions are called crimes. Today, they are also considered
human rights violations. In the Comprehensive Agreement on Respect for
Human Rights and Respect for International Humanitarian Law, signed by
the Government Peace Panel and the CPP/NPA/NDF Peace Panel on March
16, 1998 violations committed by rebels are called human rights abuses.

Remedies
Rights and remedies are inseparable. For rights to be fully enjoyed and
for rights to be amply protected from harm, injury and

24
24 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

assault, originating from State and non-State actors, remedies must be in

place and readily available anytime and anywhere.
Good there are domestic remedies and non-domestic or international
remedies that are found in Constitutions, statutes and international
instruments. As violations occur and become intense, remedies are invented
to cope up with the indignities and abuses.

Domestic remedies
Domestic remedies may take the form of civil remedies, criminal
remedies and administrative remedies.
A human rights victim can file a civil action for damages in the
appropriate trial courts under Article 32 of the Civil Code. This may be
proved only by a preponderance of evidence. Moral damages, exemplary
damages, costs of suit and attorneyÕ s fees may be awarded by the court as
indemnity.
The civil liability under Article 32 of the Civil Code is separate and
independent from the civil liability that springs from criminal liability under
Article 100 of the Revised Penal Code.
Civil sanctions as an offshoot of a civil remedy availed of by a human
rights victim is acknowledged and affirmed by Section 12(4), Article III (Bill
of Rights) of The 1987 Constitution, by Section 21 of the Supreme CourtÕ s
A.M. No. 07-9-12-SC (The Rule on the Writ of Amparo), Section 20 of the
Supreme CourtÕ s A.M. No. 08-1-16-SC (The Rule on the Writ of Habeas
Data) and Section 1, Rule 10 of
Supreme CourtÕ s A.M. No. 09-6-8-SC (The Rules of Procedure for
Environmental Cases).
Like civil sanctions, penal sanctions are acknowledged and affirmed by
Section 12(4), Article III (Bill of Rights) of The 1987 Constitution, by
Section 21 of the Supreme CourtÕ s A.M. No. 07-912-SC (The Rule on the
Writ of Amparo), Section 20 of the Supreme CourtÕ s A.M. No. 08-1-16-SC
(The Rule on the Writ of Habeas Data) and Sections 1-3, Rule 9 of the
Supreme CourtÕ s A.M. No. 09-6-8-SC (The Rule of Procedure for
Environmental Cases).
The human rights victim may opt to file a complaint with the
Commission on Human Rights whose task is solely fact-finding
investigation. After investigation, prosecution will be handled by the
Department of Justice until case is resolved by the court. The complaint can
be filed for specific crimes relating to categories of human rights violations
like crimes violating the right of the people to be secure in their persons,
 CHAPTER 6 25
REMEDIES AND PROCEDURES FOR RESPONDING TO HUMAN RIGHTS
VIOLATIONS AND HUMAN RIGHTS ABUSES

houses, papers and effects against unreasonable searches and seizures (e.g.,
crimes under the Revised Penal Code like Article 124 [crime of arbitrary
detention], Article 269 [unlawful arrest], Article 125 [delay in the delivery of
detained persons], Article 128 [violation of domicile], Article 129 [act of
maliciously obtaining search warrants and abuse in the service of warrants],
Article 130 [searching a domicile without witnesses]); crimes violating the
right to freedom of assembly (e.g., Article 131 [prohibition, interruption and
dissolution of peaceful meetings], Article 153 [tumults and other
disturbances of public order]); crimes violating the right to freedom of
religion (e.g., Article 132 [interruption of religious worship], Article 133
[offending the religious feelings]); crimes violating the right to freedom from
involuntary servitude (e.g., Article 272 [slavery], Article 273 [retaining a
minor in his service against the formerÕ s will], Article 274 [compelling
another to work for him against his will as a household servant or farm
laborer]; crimes violating the right to life (e.g., Article 246 [parricide],
Article 249 [homicide], Article 255 [infanticide], Article 256 [intentional
abortion], Article 257 [unintentional abortion], Article 262 [mutilation],
Article 263 [serious physical injuries], Article 265 [less serious physical
injuries], etc.); crimes violating the prohibition on torture (e.g., Article 235
[maltreatment of prisoners], Articles 262-266 [offender is not vested with
custody of the prisoner but commits only physical injuries]) and crimes
violating the rights to liberty of abode (e.g., Article 127 [expulsion], Article
268 [grave coercion]) (Muyot, 1999, pp. 389-395).
Since human rights violations are crimes under the Revised Penal
Code, a human rights victim can file a criminal complaint direct to the Office
of the Prosecutor (City or Provincial Prosecutor).

Administrative Remedies
Administrative remedies for human rights violations are acknowledged
and affirmed in Section 12(4), Article III, Bill of Rights, The 1987
Constitution, The Revised Administrative Code of 1987, Section 21 of the
Supreme CourtÕ s A.M. No. 07-9-12-SC (The Rule on the Writ of Amparo)
and Section 20 of Supreme CourtÕ s A.M. No. 08-1-16-SC (The Rule on the
Writ of Habeas Data).
Under the Revised Administrative Code of 1987, the heads of the
bureaus or office has the authority to discipline his employees in line with
Sections 30 and 36 of Chapter 6, Book IV, Revised Administrative Code of
1987.
26 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

International Remedies
The international remedies for human rights violations and human
rights abuses are based on treaties and non-treaty procedures.
Based on treaties, the mechanisms for the enforcement of human rights
are the reporting requirement to ensure State compliance with treaty
obligations, the investigation of communications to determine breaches of
treaty obligations and the investigation, prosecution, and trial of human
rights violators under the Rome Statute of the International Criminal Court.
Based on non-treaty procedures are the Public 1235 Procedure, the
1503 Procedure established by Resolution 1235 and Resolution 1503 of the
Economic and Social Council (ECOSOC) in 1967 and 1970, respectively.

The Reporting Requirement

State Parties are generally required by the treaties to periodically
submit reports to the Secretary-General of the United Nations or to the
monitoring body created by the treaty. These reports give a comprehensive
account of the measures adopted by the State Parties to apply the provisions
of the UN Conventions. They also contain an elaboration on the progress that
the State Parties have achieved to fulfill their obligations under the Covenant
concerned as well as the factors and difficulties that may retard their progress
(Muyot, 1999, p. 376).
This reporting requirement is found in treaties like the International
Covenant on Economic, Social and Cultural Rights, the International
Covenant on Civil and Political Rights, the Convention on the Elimination of
All Forms of Racial Discrimination, the Convention Against Torture,
Convention on the Elimination of All Forms of Discrimination Against
Women, the Convention on the Rights of a Child, etc. (p. 376).

Investigation of Communications/Complaints
This procedure under the quasi-judicial practice of the Human Rights
Committee is the most effective human rights complaints systems at the
universal level. As of January 1999, 95 of the 144 State Parties to the
International Covenant on Civil and Political Rights, including most of the
former Communist States of Europe as well as an increasing member of
Latin American and African States were parties to the First Optional
Protocol and submit themselves to the jurisdiction of the Human Rights
Committee in cases of alleged individual human rights violations. A total of
844 individual communications/complaints relating to 59 States have so far
been dealt with by the Committee. Communications numbering 248 were
 CHAPTER 6 27
REMEDIES AND PROCEDURES FOR RESPONDING TO HUMAN RIGHTS
VIOLATIONS AND HUMAN RIGHTS ABUSES

declared inadmissible and 308 were decided on their merits. In 236 cases, a
violation of one or more Covenant rights by the States Parties concerned,
above all by Uruguay and Jamaica, has been established (Nowak, 1997, p.
95).
Under this procedure, only individuals and not groups, NGOs or other
legal entities, may submit a communication to the Committee under Articles
1 and 2 of the Optional Protocol. The CommitteeÕ s decisions on the merits
of the case are structured like court judgments. Individual members may add
their dissenting or concurring opinions to the decisions. The lack of legally
binding effects and of any sanctions against non-cooperative governments
remain the most serious shortcoming of this procedure (pp. 96-97).

The International Criminal Court

The Rome Statute establishing the International Criminal Court (ICC)
is considered one of the most ambitious international legal initiatives in the
history of modern law and the ICC as the important new institution for
human rights in the new century. Unlike the International Court of Justice
which deals with States, the ICC deals with and has the power to investigate,
prosecute, and convict individuals.
The Rome Statute was adopted on July 17, 1998, after a fiveweek
plenipotentiary conference in Rome. On April 11, 2002, a special treaty
event was organized at the United Nations at which 10 states deposited their
instruments of ratification triggering the entry of force of the Rome Statute
on July 1, 2002. As of 2003, 92 nations have ratified the Rome Statute of the
ICC and 139 States have signed the treaty (The NGO Coalition for the
International Criminal Court, 2003, iii).
Unlike domestic or national courts, the ICC exercises international
jurisdiction over criminals. This addresses the problem of preventing human
rights violators and criminals who may have escaped from the national
jurisdiction where they committed serious crimes, namely, genocide, crimes
against humanity, war crimes and aggression (Colmenares, Primer on the
International Criminal Court, pp. 3-4).
There are three (3) ways by which an investigation by the ICC may be
initiated. These are: (1) a State Party may refer as Ò situationÓ to the
Prosecutor, where it appears that one or more crimes within the jurisdiction
of the Court was committed; (2) the Security Council may refer a Ò
situationÓ to the Prosecutor; and (3) the Prosecutor may initiate
investigation motu proprio or on her own, on the basis of information
received from any reliable source as to the commission of crimes. Prosecutor
then applies for a warrant of arrest with the CourtÕ s Pre-Trial Chamber for
28 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

the arrest and surrender of the suspect. If approved, a warrant of arrest shall
issue (pp. 16-17).

The Public 1235 Procedure

Economic and Social Council (ECOSOC) Resolution 1235 authorizes
the Commission on Human Rights [consists of 53 members who are elected
by the Economic and Social Council (ECOSOC)] and the Sub-Commission
on Prevention of Discrimination and Protection of Minorities (composed of
26 human rights experts nominated by their governments and elected by the
Commission on Human Rights) to debate, during their annual sessions, the
question of the violation of human rights and fundamental freedoms. The
Commission and Sub-Commission may examine information relevant to
gross violations of human rights in their public sessions (Flinterman, 1997,
pp. 144, 147).
Information on human rights violations may be furnished by States
(both members and non-members of the Commission), by members of the
Sub-Commission and by non-governmental organizations (NGOs) with
consultative status with the United Nations. NGOs attending the annual
sessions of the Commission and Sub-Commission actively participate in the
debates of these organs. The Sub-Commission is authorized to adopt
resolutions on the situation of human rights violations in specific countries
but may not take further action. It is only the Commission that is mandated to
take action it deems necessary with regard to human rights violations in any
part of the world.

The Confidential 1503 Procedure

Resolution 1503 adopted by the ECOSOC provides for a confidential
complaints procedure in order to deal with communications indicating a
consistent pattern of gross and reliably attested violations of human rights
and fundamental freedoms. Individuals, groups and organizations may
submit complaints to the SecretaryGeneral for confidential examination by
the Commission and SubCommission. The admissibility criteria specify,
among them, that a complaint may not be anonymous and may not contain
insulting or abusive language.
The Commission declares by a simple majority on the issues before it.
It may decide to keep the matter under review, to undertake further study, to
appoint a special rapporteur with a mandate to submit a confidential report to
the Commission or to transfer the situation from the confidential 1503
procedure to the Public 1235 Procedure. It may also make recommendations
to ECOSOC which deals with such recommendations in its public meetings.
 CHAPTER 6 29
REMEDIES AND PROCEDURES FOR RESPONDING TO HUMAN RIGHTS
VIOLATIONS AND HUMAN RIGHTS ABUSES

Although ECOSOC cannot take any binding decisions, a public

condemnation by ECOSOC of the human rights violation in a specific
country puts pressure on the government concerned to take its human rights
obligations under the UN Charter seriously (pp. 148-149).

Special Country Rapporteurs and Thematic Rapporteurs

The Commission on Human Rights has, over the years, developed two
(2) types of instruments to supervise implementation of human rights around
the world pursuant to ECOSOC Resolution 1235. First, it has appointed
specific country rapporteurs and working groups mandated to report annually
to the Commission on the development of human rights situation in the
country for which they have been appointed. Such supervision by the
international community over the human rights situation in a specific country
puts pressure on the government of the State concerned to improve its human
rights record.
The other instrument developed in the early 1980s is the thematic
rapporteurs or working groups. The thematic rapporteurs or working groups
already formed were on the issues of involuntary disappearances, torture,
extra-judicial executions, arbitrary detention, freedom of expression,
xenophobia and racism, and violence against women. These thematic
rapporteurs or working groups may examine relevant information from all
reliable sources about violations of human rights wherever they occur in the
world. They may also visit specific countries, with the consent of the
government concerned. They submit their annual reports to the Commission
and these annual reports survey the information received by the special
thematic rapporteurs, the replies by governments and their lack, the actions
taken by the special rapporteur and any general comments or
recommendations the special rapporteur may wish to submit (pp. 147-148).

Readings:
R.A. No. 10368 (The Human Rights Reparation and Recognition Act
of 2013)
Republic vs. Sandoval, 220 SCRA 124 (1993)
Aberca vs. Ver, 160 SCRA 590 (1988)
Secretary of National Defense vs. Manalo, G.R. No. 180906, October 7,
2008
Chitat Ng vs. Canada, Communication No. 469/1991, Human Rights
Committee; Views of Committee, November 5,
1993, UN Doc. A/49/40(1844), Vol. II, at 189
30 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Chapter 7

PREVENTIVE MECHANISMS IN THE

FIELD OF HUMAN RIGHTS
The promotion and protection of human rights cannot be entirely
reactive. Monitoring, investigative administrative and judicial mechanisms to
combat human rights violations and to put to an end the practice of impunity
must be coupled with and supported by proactive and preventive
arrangements and processes designed to develop a healthy awareness of and
respect for the indivisibility and interdependence of human rights.
In the United Nations today, the Office of the UN High Commissioner
for Human Rights plays this role of providing proactive and preventive
response to human rights violations. In various parts of the globe, this role is
performed by national human rights institutions or commissions and by non-
governmental and private sector actors.

The Office of the UN High Commissioner for Human Rights

The Office of the UN High Commissioner for Human Rights is a
United Nations agency that works to promote and prevent the human rights
that are guaranteed under international law and stipulated in the Universal
Declaration of Human Rights. This office was established by the UN General
Assembly on December 20, 1993 after the 1993 World Conference on
Human Rights.
Under General Assembly Resolution 48/141, which established the
mandate of the Office of the UN High Commissioner for Human Rights, the
High Commissioner has the following proactive and preventive
responsibilities for:
(a) Promoting and protecting the effective enjoyment by all of all
civil, cultural, economic, political and social rights;
(b) Carrying out the tasks assigned to him/her by the competent
bodies of the UN system in the field of human

32
 31
CHAPTER 7
PREVENTIVE MECHANISMS IN THE FIELD OF HUMAN RIGHTS

rights and submitting recommendations to them, with a view to

improving the promotion and protection of all human rights;
(c) Promoting and protecting the realization of the right to
development;
(d) Providing, through the appropriate mechanisms and institutions,
advisory services and technical and financial assistance, at the
request of the State concerned;
(e) Coordinating relevant UN education and
public information programmes in the field of human
rights;
(f) Playing an active role in removing current obstacles and in
meeting the challenges to the full realization of all human rights
and in preventing the continuation of human rights violations
throughout the world;
(g) Engaging in a dialogue with governments in the implementation
of his/her mandate, with a view to securing respect for all human
rights;
(h) Enhancing international cooperation for the promotion and
protection of human rights;
(i) Coordination of the human rights promotion and protection
activities throughout the United Nations system;
(j) Naturalization, adaptation, strengthening and streamlining of the
UN machinery in the field of human rights to improve its
efficiency and effectiveness;
(k) Overall supervision of the Office of the High Commissioner.

National Human Rights Institutions

A national human rights institution is an organization that has been
established by national governments with the specific role of protecting and
promoting human rights (Pegram, 2013).
The Principles relating to the status and functioning of national
institutions, known as the Ò Paris Principles,Ó were adopted by the United
Nations General Assembly in 1993 and provide international minimum
standards for an effective national human rights institution. These standards
are: (a) independence; (b) broad human rights mandate; (c) adequate
funding; (d) an inclusive and transparent selection and appointment process
32 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
(Paris Principles: 20 years, guiding the work of National Human Rights
Instituting, [Link]
org/EN/newsevents/Pages/ParisPrinciples20years [Accessed on October 17,
2013 Ð Ð Ed.]).
In terms of activities, the Principles call for national, institutions to
promote and ensure the harmonization of national legislation, regulation and
practices with international human rights instruments to which a State is a
party and their effective implementation, the ratification of international
human rights instruments and the formulation of human rights education
programme and take part in their execution.
It is in the area of human right education that national human rights
institutions like the Commission on Human Rights of the Philippines, an
independent constitutional office under The 1987 Constitution, can play its
proactive and preventive role in promoting respect for human rights. Under
The Protection of Human Rights Act 1993, the National Human Rights
Commission of India is tasked, among others, to conduct research and to
promote awareness and education and to encourage the involvement of non-
governmental organizations and other institutions. Not different is the
Uganda Human Rights Commission Act 4 of 1997. It empowers the Uganda
Human Rights Commission to establish a continuing programme of research,
education, and information to enhance report for human rights and to
formulate, implement, and oversee programs intended to inculcate in the
citizens an awareness of their civic responsibilities and an appreciation of
their rights and obligations as free people (National Human Rights
Commission of India, http://
[Link]/wiki/National_Human_Rights_Commission_
of_India [Accessed on October 4, 2013 Ed.]; Uganda, [Link]
[Link]/ni/files).

Non-Governmental Organizations (NGOs)

Non-governmental organizations (NGOs), especially human rights
organizations, have a long and glorious history of upholding human rights all
over the world. Chief Justice Artemio V. Panganiban (ret.) classifies NGOs
as belonging to civil society that has been in the forefront of the fight for
liberty and considered a pillar of democracy, the conscience of government
and the overseer of governmental actions (Panganiban, 2011, p. 136). In The
1987 Constitution, NGOs are peopleÕ s organizations which are bona fide
associations of citizens with demonstrated capacity to promote the
CHAPTER 7
PREVENTIVE MECHANISMS IN THE FIELD OF HUMAN RIGHTS

public interest and with identifiable leadership, membership, and structure.

 33
In their book Ò International Human Rights In Context (Law, Politics,
Morale),Ó Henry Steiner and Philip Alston acknowledge that NGOs pervade
and are a vital part of the human rights regime. They bring out the facts,
contribute to standard-setting as well as to the promotion, implementation
and enforcement of human rights norms, spread the message of human rights
and mobilize people to realize that message and proceed with a speed,
decisiveness and range of concerns impossible to imagine in relation to most
of the work of bureaucratic and politically constrained intergovernmental
organizations (Steiner and Alston, 2000, p. 938).
NGOs important proactive and preventive role in promoting healthy
respect for human rights is in the field of human rights education. This
human rights education, writes Rachel Brett, is Ò developing a human rights
culture by making people aware of their rights, of their responsibility not to
violate the rights of others, and of the possibilities of redress including
supporting individuals in bringing cases, whether with the national system,
or under regional or international proceduresÓ (Brett, 1997, p. 399).

Readings:
Carino vs. CHR, 204 SCRA 483 (1991)
EPZA vs. CHR, 208 SCRA 125 (1992)
Civil Liberties Union of the Philippines vs. Executive Secretary, 194
SCRA 317 (1991)
National Association for the Advancement of Colored People (NAACP)
vs. Alabama, 357 U.S. 449
Kilosbayan Foundation and Bantay Katarungan Foundation vs.
Janolo, et al., G.R. No. 180543, August 18, 2010
Chapter 8

THE JUDICIARY, THE ACADEME, AND THE

FAMILY ON BUILDING A HUMAN RIGHTS
CULTURE

Human Rights Culture

Human rights culture is a shared communitarian belief in the inherent
dignity and of the equal and inalienable rights of all members of the human
family. It is also a shared consensus that the dignity and worth of every
human person can be upheld and honored if the State and non-State actors
undertake efforts and initiatives to uphold and honor human rights.
34 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
Jose Ayala Lasso, the first United Nations High Commissioner for
Human Rights, expressed a compelling argument for the development of a
human rights culture when he said:

Ò I am convinced that the development of a culture of human

rights throughout the world is one of the most important contributions
that can be made to future generations. The foundation for this culture
is enshrined in the principles of the Universal Declaration. A culture of
human rights would result in a profound change in how individuals,
communities, states and the international community view relationships
in all matters. Such a culture would make human rights as much a part
of the lives of individuals as are language, customs, the arts, faith and
ties to place. In this culture, human rights would not be seen as a job Ô
of someone else,Õ but the obligation and duty of allÓ (Dignity for All:
Building a Culture of Human Rights,
[Link] [Accessed on
October 5, 2013 Ed.]).

The Judiciary
The Judiciary in the Philippines is a key player in the development of a
human rights culture. Through its duty to settle actual

36
CHAPTER 8
THE JUDICIARY, THE ACADEME, AND THE FAMILY ON
BUILDING A HUMAN RIGHTS CULTURE

controversies that involve rights which are legally demandable and its duty to
determine whether a grave abuse of discretion has been committed by any
branch or instrumentality of the Government (read: judicial power), the
Judiciary can be a potent agent to overcome marginalization,
impoverishment, discrimination and inequality. Through its power to
promulgate rules concerning the protection and enforcement of human rights,
it can eliminate injustice of various stripes (economic injustice, political
injustice, and social injustice) and advance the horizontal and vertical
frontiers of human rights. Through its symbolic or teaching function, it can
educate and enlighten the members of the bar, litigants, the law students and
the public about the majesty and efficiency of human rights.
Recognizing the important role of the Judiciary in promoting,
safeguarding and advancing human rights, the International Commission on
Jurists, in a conference on Development, Human Rights and the Rule of Law
(1981), declared that:

Ò The rule of Law is a dynamic concept for the expansion and

fulfillment of which jurists are primarily responsible and which should
be employed not only to safeguard and advance the civil and political
 35
rights of the individual in a free society, but also to establish social,
economic, educational and cultural conditions under which his
legitimate aspiration and dignity may be realizedÓ (Sarmiento, 2011, p.
90).

In a workshop held at Kenya in 1985, justices, judges, lawyers, legal

scholars and social scientists discussed the theme Ò The Role of the
Judiciary in Plural SocietiesÓ and consensually agreed that judicial activism
can be Ò an important strategy to overcome all forms of oppression,
exploitation, impoverishment, unjustifiable in any model of social
development in Africa and Asia.Ó The participants added by proclaiming
that Ò [J]udicial activism, encouraged by social action litigation, inspired by
constitutional values, may be regarded as a vital human technology for social
change in impoverished societyÓ (p. 91).
The Supreme Court of the Philippines through its many trailblazing
decisions on human rights (e.g., Stonehill vs. Diokno, 20 SCRA 383; Oposa
vs. Factoran, 224 SCRA 792; The Secretary of National Defense vs. Manalo,
G.R. No. 180906, October 7, 2008; MMDA vs. Concerned Residents of
Manila Bay, G.R. Nos. 17194748, December 8, 2008) and through its three
rules it promulgated, namely, A.M. No. 07-9-12-SC (The Rule on the Writ of
Amparo), A.M.
No. 08-1-16-SC (The Rule on the Writ of Habeas Data) and A.M. No. 09-6-
8-SC (The Rules of Procedure for Environmental Cases) are immensely
contributing to the building of the edifice of human rights culture in the
Philippines and in the world.
The valedictory address of Chief Justice Roberto Concepcion, though
done in 1973, speaks volumes about the role of the Judiciary in building a
human rights culture. He said:

Ò Upon the other hand, the Supreme Court now exercise the
power of administrative supervision over all courts and the personnel
thereof. É As a consequence, the Supreme Court is now called upon to
blaze new trails, and the Philippine Bench, as well as the Bar and the
people in general, are looking forward to administrative decisions and
precedent setting decisions tending to bolster up the independence of
justice and otherwise foster the peopleÕ s faith in our courts of justice as
instrumentalities of their welfareÓ (Sarmiento, pp. 93-94).

The Academe
The Academe is another key player in the building of a human rights
culture in the Philippines. The 1987 Constitution of the Philippines
recognizes this important role of the Academe when, in its Article XIV
(Education, Science and Technology, Arts, Culture, and Sports), it provides:
36 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
Ò Section 3.
1. All educational institutions shall include the study of the
Constitution as part of the curricula.
2. They shall inculcate patriotism and nationalism, foster love
of humanity, respect for human rights, appreciation of the role of
national heroes in the historical development of the country, teach the
rights and duties of citizenship, strengthen ethical and spiritual values,
develop moral character and
personal discipline. . . .Ó

Today, the 1987 Constitution, often referred to as human rights

constitution, is taught in colleges and universities. Effective schoolyear
2013-2014, human rights law will be taught in all law schools. Bolstering
the study of human rights in the schools are the establishment of centers and
institutes of human rights and social justice and the foundation of student
human rights organizations in many colleges and universities, here and
abroad. Some schools
CHAPTER 8
THE JUDICIARY, THE ACADEME, AND THE FAMILY ON
BUILDING A HUMAN RIGHTS CULTURE

abroad have summer human rights externships programs where law students
are given the opportunity to spend the summer working with human rights
organizations, human rights attorneys or UN bodies. The program provides
invaluable practical human rights insights and hands-on-training for the
students and assistance to host offices and organizations.
Schools, centers, and institutes can be a rich resource of human rights
creativity. They can undertake human rights field trips (visit to prisons,
correctional centers, urban poor communities, ethnic villages); human rights
boot camps (visit to museums and pantheons combined with lectures);
human rights exchange programs for students, domestically and
internationally; human rights cultural shows and art exhibition (showcasing
songs and dances of ethnic groups, art works of indigenous artists); human
rights dialogue between government, UN officials and students, human rights
debate/moot court competition, etc.
This upsurge of interest on human rights education, research, and
externships is a healthy sign for the development of a human rights culture
and should be sustained by vigorous support from school administrators,
teachers, students and governments.

The Family
Last but not the least contributor in the building of a human rights
culture is the family. The 1987 Constitution of the Philippines acknowledges
 37
the importance of the family by the inclusion of Article XV entitled Ò The
Family.Ó Section 1 is about the StateÕ s recognition of the Filipino family
as the foundation of the nation. Section 2 is about marriage as an inviolable
social institution and the foundation of the family. Section 3 is about the
StateÕ s obligation to honor and defend right that pertain to spouses,
children, family or family associations and the elderly.
The aphorism Ò values are caught not taughtÓ carry a lot of insight
and poses a moral challenge to spouses vis-ˆ -vis their children. In school,
children learn by instruction. At home, they learn by transmission.
Proverbs 22:6 gives this reminder: Ò Train up a child in the way he should
go and when he is old, he will not depart from it.Ó
First and hands-on lessons related to right to education, right to food,
right to culture, right to health and nutrition, right to water, freedom of
expression, equality, due process, justice, right to worship, good governance,
accountability, integrity and love, can be caught at home. As parents are, so
children will they be.
George Benson teaches: “Great ideas and fine principles do not live
from generation to generation just because they are good, nor because they
have been carefully legislated. Ideals and principles continue from
generation to generation only when they are built into the hearts of children
as they grow upÓ (Dosick, 1995, p. 191).

Readings:
UN Basic Principles on the Independence of the Judiciary (1985)
UN Secretary-GeneralÕ s Report on the Role of Law and Transitional
Justice in Conflict and Post-Conflict Societies (August 23, 2004)
UNESCOÕ s Declaration and Integrated Framework of Action on
Education for Peace, Human Rights and Democracy (1999)
United Nations Declaration on Human Rights Education and Training
(2011)
The Family, Article XV, The 1987 Constitution
Chapter 9

THE ROAD AHEAD

The road ahead for human rights will not be easy. Problems and
difficulties will be there and they can come from sources like abuses of
authoritarian leaders, inequalities of political and economic powers, practices
of multinational corporations and policies of global financial institutions.
38 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
These, despite advances in the field of human rights and the moral power and
influence of human rights.
In short, the battle for human rights and for human dignity is not yet
fully won. A big boost to winning the battle for human rights will be the
active promotion of human rights education towards developing a human
rights culture and a human rights way of life. This is in addition to the giant
strides in Ò standard settingÓ (both international and domestic laws) and Ò
institutional buildingÓ (human rights national commission, mechanism, and
International Criminal Court).
Human rights culture and human rights way of life mean a robust
awareness of human rights and human responsibilities and actively living
these rights and responsibilities in everyday life.
More than ever, the integration of the study of human rights law in law
schools of the Philippines is a wise step in the right national and international
direction.

41
 39
42 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
APPENDICES
 41
44 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
 THE 1987 CONSTITUTION OF THE
PHILIPPINES

PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God,
in order to build a just and humane society, and establish a Government that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality, and peace, do ordain
and promulgate this Constitution.

ARTICLE II
DECLARATION OF PRINCIPLES AND
STATE POLICIES PRINCIPLES
Section 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates
from them.
Section 2. The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as part
of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
Section 3. Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the integrity of the
national territory.
Section 4. The prime duty of the Government is to serve and protect
the people. The Government may call upon the people to defend the State
and, in the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal, military or civil service.

45
 THE 1987 CONSTITUTION OF THE PHILIPPINES 43

Section 5. The maintenance of peace and order, the protection of life,

liberty, and property, and promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES

Section 7. The State shall pursue an independent foreign policy. In its

relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
Section 8. The Philippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote
full employment, a rising standard of living, and an improved quality of life
for all.
Section 10. The State shall promote social justice in all phases of
national development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution. It
shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character shall
receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in public and civic affairs.
Section 14. The State recognizes the role of women in nationbuilding,
and shall ensure the fundamental equality before the law of women and men.
Section 15. The State shall protect and promote the right to health of
the people and instill health consciousness among them.
44 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Section 16. The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and harmony
of nature.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
Section 18. The State affirms labor as a primary social economic force.
It shall protect the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
Section 21. The State shall promote comprehensive rural development
and agrarian reform.
Section 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
Section 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and
information in nation-building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.

ARTICLE III
BILL OF RIGHTS
 THE 1987 CONSTITUTION OF THE PHILIPPINES 45

Section 1. No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied the equal
protection of the laws.
Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
Section 3.
1. The privacy of communication and correspondence shall
be inviolable except upon lawful order of the court, or when public
safety or order requires otherwise, as prescribed by law.
2. Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for
the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon lawful order of
the court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to documents
and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without
just compensation.
46 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Section 10. No law impairing the obligation of contracts shall be

passed.
Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of
poverty.
Section 12.
1. Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be waived except
in writing and in the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
3. Any confession or admission obtained in violation of this
or Section 17 hereof shall be inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions for
violations of this Section as well as compensation to the
rehabilitation of victims of torture or similar practices, and their
families.
Section 13. All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on recognizance
as may be provided by law. The right to bail shall not be impaired even when
the privilege of the writ of habeas corpus is suspended. Excessive bail shall
not be required.
Section 14.
1. No person shall be held to answer for a criminal offense
without due process of law.
2. In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment,
 THE 1987 CONSTITUTION OF THE PHILIPPINES 47

trial may proceed notwithstanding the absence of the accused:

Provided, That he has been duly notified and his failure to appear is
unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion, when the public safety
requires it.
Section 16. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against
himself.
Section 18.
1. No person shall be detained solely by reason of his
political beliefs and aspirations.
2. No involuntary servitude in any form shall exist except as
a punishment for a crime whereof the party shall have been duly
convicted.
Section 19.
1. Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
2. The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or nonpayment of a
poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance, conviction
or acquittal under either shall constitute a bar to another prosecution for the
same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.

ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
48 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Section 1. The Congress shall give highest priority to the enactment of

measures that protect and enhance the right of all the people to human
dignity, reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the
common good.
To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.
Section 2. The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of initiative
and self-reliance.

LABOR

Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted activities,
including the right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage. They shall
also participate in policy and decisionmaking processes affecting their rights
and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production and
the right of enterprises to reasonable returns to investments, and to expansion
and growth.

AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. The State shall, by law, undertake an agrarian reform

program founded on the right of farmers and regular farmworkers who are
landless, to own directly or collectively the lands they till or, in the case of
other farmworkers, to receive a just share of the fruits thereof. To this end,
the State shall encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and reasonable retention limits as
the Congress may prescribe, taking into account ecological, developmental,
 THE 1987 CONSTITUTION OF THE PHILIPPINES 49

or equity considerations, and subject to the payment of just compensation. In

determining retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for voluntary land-
sharing.
Section 5. The State shall recognize the right of farmers, farmworkers,
and landowners, as well as cooperatives, and other independent farmersÕ
organizations to participate in the planning, organization, and management
of the program, and shall provide support to agriculture through appropriate
technology and research, and adequate financial, production, marketing, and
other support services.
Section 6. The State shall apply the principles of agrarian reform or
stewardship, whenever applicable in accordance with law, in the disposition
or utilization of other natural resources, including lands of the public domain
under lease or concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of indigenous communities
to their ancestral lands. The State may resettle landless farmers and
farmworkers in its own agricultural estates which shall be distributed to them
in the manner provided by law.
Section 7. The State shall protect the rights of subsistence fishermen,
especially of local communities, to the preferential use of the communal
marine and fishing resources, both inland and offshore. It shall provide
support to such fishermen through appropriate technology and research,
adequate financial, production, and marketing assistance, and other services.
The State shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence fishermen
against foreign intrusion. Fishworkers shall receive a just share from their
labor in the utilization of marine and fishing resources.
Section 8. The State shall provide incentives to landowners to invest
the proceeds of the agrarian reform program to promote industrialization,
employment creation, and privatization of public sector enterprises. Financial
instruments used as payment for their lands shall be honored as equity in
enterprises of their choice.

URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the common good,
undertake, in cooperation with the private sector, a continuing program of
urban land reform and housing which will make available at affordable cost,
decent housing and basic services to underprivileged and homeless citizens
in urban centers and resettlement areas. It shall also promote adequate
50 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

employment opportunities to such citizens. In the implementation of such

program the State shall respect the rights of small property owners.
Section 10. Urban or rural poor dwellers shall not be evicted nor their
dwelling demolished, except in accordance with law and in a just and
humane manner.
No resettlement of urban or rural dwellers shall be undertaken without
adequate consultation with them and the communities where they are to be
relocated.

HEALTH

Section 11. The State shall adopt an integrated and comprehensive

approach to health development which shall endeavor to make essential
goods, health and other social services available to all the people at
affordable cost. There shall be priority for the needs of the under-privileged,
sick, elderly, disabled, women, and children. The State shall endeavor to
provide free medical care to paupers.
Section 12. The State shall establish and maintain an effective food
and drug regulatory system and undertake appropriate health, manpower
development, and research, responsive to the countryÕ s health needs and
problems.
Section 13. The State shall establish a special agency for disabled
person for their rehabilitation, self-development, and selfreliance, and their
integration into the mainstream of society.

WOMEN

Section 14. The State shall protect working women by providing safe
and healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the
nation.

ROLE AND RIGHTS OF PEOPLEÕ S ORGANIZATIONS

Section 15. The State shall respect the role of independent peopleÕ s
organizations to enable the people to pursue and protect, within the
democratic framework, their legitimate and collective interests and
aspirations through peaceful and lawful means.
 THE 1987 CONSTITUTION OF THE PHILIPPINES 51

PeopleÕ s organizations are bona fide associations of citizens with

demonstrated capacity to promote the public interest and with identifiable
leadership, membership, and structure.
Section 16. The right of the people and their organizations to effective
and reasonable participation at all levels of social, political, and economic
decision-making shall not be abridged. The State shall, by law, facilitate the
establishment of adequate consultation mechanisms.

HUMAN RIGHTS

Section 17.
1. There is hereby created an independent office called the
Commission on Human Rights.
2. The Commission shall be composed of a Chairman and
four Members who must be natural-born citizens of the Philippines
and a majority of whom shall be members of the Bar. The term of
office and other qualifications and disabilities of the Members of
the Commission shall be provided by law.
3. Until this Commission is constituted, the existing
Presidential Committee on Human Rights shall continue to exercise
its present functions and powers.
4. The approved annual appropriations of the Commission
shall be automatically and regularly released.
Section 18. The Commission on Human Rights shall have the
following powers and functions:
1. Investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure,
and cite for contempt for violations thereof in accordance with the
Rules of Court;
3. Provide appropriate legal measures for the protection of
human rights of all persons within the Philippines, as well as
Filipinos residing abroad, and provide for preventive measures and
legal aid services to the under-privileged whose human rights have
been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention
facilities;
52 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

5. Establish a continuing program of research, education, and

information to enhance respect for the primacy of human rights;
6. Recommend to Congress effective measures to promote
human rights and to provide for compensation to victims of
violations of human rights, or their families;
7. Monitor the Philippine GovernmentÕ s compliance with
international treaty obligations on human rights;
8. Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other evidence is
necessary or convenient to determine the truth in any investigation
conducted by it or under its authority;
9. Request the assistance of any department, bureau, office,
or agency in the performance of its functions;
10. Appoint its officers and employees in accordance
with law; and
11. Perform such other duties and functions as may
be provided by law.
Section 19. The Congress may provide for other cases of violations of
human rights that should fall within the authority of the Commission, taking
into account its recommendations.

UNIVERSAL DECLARATION
OF HUMAN RIGHTS

PREAMBLE
Whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of
freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in
barbarous acts which have outraged the conscience of mankind, and the
advent of a world in which human beings shall enjoy freedom of speech and
belief and freedom from fear and want has been proclaimed as the highest
aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse,
as a last resort, to rebellion against tyranny and oppression, that human rights
should be protected by the rule of law,
 THE 1987 CONSTITUTION OF THE PHILIPPINES 53

Whereas it is essential to promote the development of friendly relations

between nations,
Whereas the peoples of the United Nations have in the Charter
reaffirmed their faith in fundamental human rights, in the dignity and worth
of the human person and in the equal rights of men and women and have
determined to promote social progress and better standards of life in larger
freedom,
Whereas Member States have pledged themselves to achieve, in co-
operation with the United Nations, the promotion of universal respect for and
observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of
the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims
THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as

56
54 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

a common standard of achievement for all peoples and all nations, to the end
that every individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to promote respect
for these rights and freedoms and by progressive measures, national and
international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and
among the peoples of territories under their jurisdiction.

Article 1.
All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one another
in a spirit of brotherhood.

Article 2.
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust, non-
self-governing or under any other limitation of sovereignty.

Article 3.
Everyone has the right to life, liberty and security of person.

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.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.

Article 6.
Everyone has the right to recognition everywhere as a person before
the law.
Article 7.
 UNIVERSAL DECLARATION OF HUMAN RIGHTS 55

All are equal before the law and are entitled without any discrimination
to equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to
such discrimination.

Article 8.
Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted him by the
constitution or by law.

Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and
obligations and of any criminal charge against him.

Article 11.
(1)Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a public
trial at which he has had all the guarantees necessary for his
defence.
(2)No one shall be held guilty of any penal offence on
account of any act or omission which did not constitute a penal
offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the penal offence was committed.

Article 12.
No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, nor to attacks upon his honour and
reputation. Everyone has the right to the protection of the law against such
interference or attacks.

Article 13.
(1)Everyone has the right to freedom of movement and
residence within the borders of each state.
56 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

(2)Everyone has the right to leave any country, including his

own, and to return to his country.

Article 14.
(1)Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
(2)This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary to
the purposes and principles of the United Nations.

Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.

Article 16.
(1)Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to found a
family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2)Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3)The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.

Article 17.
(1) Everyone has the right to own property alone as well as
in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18.
Everyone has the right to freedom of thought, conscience and religion;
this right includes freedom to change his religion or belief, and freedom,
either alone or in community with others and in public or private, to manifest
his religion or belief in teaching, practice, worship and observance.
Article 19.
 UNIVERSAL DECLARATION OF HUMAN RIGHTS 57

Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive
and impart information and ideas through any media and regardless of
frontiers.

Article 20.
(1) Everyone has the right to freedom of peaceful assembly
and association.
(2) No one may be compelled to belong to an association.

Article 21.
(1)Everyone has the right to take part in the government of
his country, directly or through freely chosen representatives.
(2)Everyone has the right of equal access to public service in
his country.
(3)The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall
be held by secret vote or by equivalent free voting procedures.

Article 22.
Everyone, as a member of society, has the right to social security and is
entitled to realization, through national effort and international co-operation
and in accordance with the organization and resources of each State, of the
economic, social and cultural rights indispensable for his dignity and the free
development of his personality.

Article 23.
(1)Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and to
protection against unemployment.
(2)Everyone, without any discrimination, has the right to
equal pay for equal work.
(3)Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
58 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

(4)Everyone has the right to form and to join trade unions for
the protection of his interests.

Article 24.
Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.

Article 25.
(1)Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood
in circumstances beyond his control.
(2)Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.

Article 26.
(1)Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and higher education
shall be equally accessible to all on the basis of merit.
(2)Education shall be directed to the full development of the
human personality and to the strengthening of respect for human
rights and fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the
maintenance of peace.
(3)Parents have a prior right to choose the kind of education
that shall be given to their children.

Article 27.
(1)Everyone has the right freely to participate in the cultural
life of the community, to enjoy the arts and to share in scientific
advancement and its benefits.
 UNIVERSAL DECLARATION OF HUMAN RIGHTS 59

(2)Everyone has the 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.
Everyone is entitled to a social and international order in which the
rights and freedoms set forth in this Declaration can be fully realized.

Article 29.
(1)Everyone has duties to the community in which alone the
free and full development of his personality is possible.
(2)In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law solely
for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just requirements
of morality, public order and the general welfare in a democratic
society.
(3)These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United Nations.

Article 30.
Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in any activity or to perform any
act aimed at the destruction of any of the rights and freedoms set forth
herein.
 60

INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL
RIGHTS
Adopted and opened for signature, ratification and accession by
General Assembly resolution 2200A (XXI)
of 16 December 1966 entry into force 23 March 1976, in accordance
with Article 49

Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the
Charter of the United Nations, recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the
human person,
Recognizing that, in accordance with the Universal Declaration of
Human Rights, the ideal of free human beings enjoying civil and political
freedom and freedom from fear and want can only be achieved if conditions
are created whereby everyone may enjoy his civil and political rights, as well
as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human rights
and freedoms,
Realizing that the individual, having duties to other individuals and to
the community to which he belongs, is under a responsibility to strive for the
promotion and observance of the rights recognized in the present Covenant,
Agree upon the following articles:

63
PART I
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 61

Article 1
1. All peoples have the right of self-determination. By virtue
of that right they freely determine their political status and freely
pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any obligations
arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a
people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those
having responsibility for the administration of Non-SelfGoverning
and Trust Territories, shall promote the realization of the right of
self-determination, and shall respect that right, in conformity with
the provisions of the Charter of the United Nations.

PART II
Article 2
1. Each State Party to the present Covenant undertakes to
respect and to ensure to all individuals within its territory and
subject to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social
origin, property, birth or other status.
2. Where not already provided for by existing legislative or
other measures, each State Party to the present Covenant undertakes
to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to adopt
such laws or other measures as may be necessary to give effect to
the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as
herein recognized are violated shall have an effective remedy,
notwithstanding that the violation has been committed by persons
acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall
have his right thereto determined by competent judicial, administrative
or legislative authorities, or by any other competent authority provided
62 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

for by the legal system of the State, and to develop the possibilities of
judicial remedy;
(c) To ensure that the competent authorities shall enforce such
remedies when granted.

Article 3
The States Parties to the present Covenant undertake to ensure the
equal right of men and women to the enjoyment of all civil and political
rights set forth in the present Covenant.

Article 4
1. In time of public emergency which threatens the life of the
nation and the existence of which is officially proclaimed, the States
Parties to the present Covenant may take measures derogating from
their obligations under the present Covenant to the extent strictly
required by the exigencies of the situation, provided that such
measures are not inconsistent with their other obligations under
international law and do not involve discrimination solely on the
ground of race, colour, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2),
11, 15, 16 and 18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of
the right of derogation shall immediately inform the other States
Parties to the present Covenant, through the intermediary of the
Secretary-General of the United Nations, of the provisions from
which it has derogated and of the reasons by which it was actuated.
A further communication shall be made, through the same
intermediary, on the date on which it terminates such derogation.

Article 5
1. Nothing in the present Covenant may be interpreted as
implying for any State, group or person any right to engage in any
activity or perform any act aimed at the destruction of any of the
rights and freedoms recognized herein or at their limitation to a
greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any
of the fundamental human rights recognized or existing in any State
Party to the present Covenant pursuant to law, conventions,
regulations or custom on the pretext that the present Covenant does
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 63

not recognize such rights or that it recognizes them to a lesser

extent.

PART III
Article 6
1. Every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived of his
life.
2. In countries which have not abolished the death penalty,
sentence of death may be imposed only for the most serious crimes
in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant
and to the Convention on the Prevention and Punishment of the
Crime of Genocide. This penalty can only be carried out pursuant to
a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide,
it is understood that nothing in this article shall authorize any State
Party to the present Covenant to derogate in any way from any
obligation assumed under the provisions of the Convention on the
Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek
pardon or commutation of the sentence. Amnesty, pardon or
commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes
committed by persons below eighteen years of age and shall not be
carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to
prevent the abolition of capital punishment by any State Party to the
present Covenant.

Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without his
free consent to medical or scientific experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slavetrade
in all their forms shall be prohibited.
64 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

2. No one shall be held in servitude.

3. (a) No one shall be required to perform forced or
compulsory labour;
(b)Paragraph 3(a) shall not be held to preclude, in countries
where imprisonment with hard labour may be imposed as a
punishment for a crime, the performance of hard labour in
pursuance of a sentence to such punishment by a competent court;
(c) For the purpose of this paragraph the term Ò forced or
compulsory labourÓ shall not include:
(i) Any work or service, not referred to in subparagraph (b),
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;
(ii) Any service of a military character and, in countries where
conscientious objection is recognized, any national service required by
law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity
threatening the life or well-being of the community;
(iv) Any work or service which forms part of normal civil
obligations.

Article 9
1. Everyone has the right to liberty and security of person. No
one shall be subjected to arbitrary arrest or detention. No one shall
be deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of
arrest, of the reasons for his arrest and shall be promptly informed
of any charges against him.
3. 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 a
reasonable time or to release. It shall not be the general rule that
persons awaiting trial shall be detained in custody, but release may
be subject to guarantees to appear for trial, at any other stage of the
judicial proceedings, and, should occasion arise, for execution of
the judgement.
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 65

4. Anyone who is deprived of his liberty by arrest or

detention shall be entitled to take proceedings before a court, in
order that that court may decide without delay on the lawfulness of
his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or
detention shall have an enforceable right to compensation.

Article 10
1. All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human
person.
2. (a) Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons and shall be
subject to separate treatment appropriate to their status as
unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and
brought as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and social rehabilitation.
Juvenile offenders shall be segregated from adults and be accorded treatment
appropriate to their age and legal status.

Article 11
No one shall be imprisoned merely on the ground of inability to fulfill
a contractual obligation.

Article 12
1. Everyone lawfully within the territory of a State shall,
within that territory, have the right to liberty of movement and
freedom to choose his residence.
2. Everyone shall be free to leave any country, including his
own.
3. The above-mentioned rights shall not be subject to any
restrictions except those which are provided by law, are necessary
to protect national security, public order (ordre public), public
health or morals or the rights and freedoms of others, and are
consistent with the other rights recognized in the present Covenant.
66 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

4. No one shall be arbitrarily deprived of the right to enter his

own country.

Article 13
An alien lawfully in the territory of a State Party to the present
Covenant may be expelled therefrom only in pursuance of a decision reached
in accordance with law and shall, except where compelling reasons of
national security otherwise require, be allowed to submit the reasons against
his expulsion and to have his case reviewed by, and be represented for the
purpose before, the competent authority or a person or persons especially
designated by the competent authority.

Article 14
1. All persons shall be equal before the courts and tribunals.
In the determination of any criminal charge against him, or of his
rights and obligations in a suit at law, everyone shall be entitled to a
fair and public hearing by a competent, independent and impartial
tribunal established by law. The press and the public may be
excluded from all or part of a trial for reasons of morals, public
order (ordre public) or national security in a democratic society, 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 in special
circumstances where publicity would prejudice the interests of
justice; but any judgement rendered in a criminal case or in a suit at
law shall be made public except where the interest of juvenile
persons otherwise requires or the proceedings concern matrimonial
disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the
right to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him,
everyone shall be entitled to the following minimum guarantees, in
full equality: (a) To be informed promptly and in detail in a
language which he understands of the nature and cause of the
charge against him;
(b) To have adequate time and facilities for the preparation of
his defence and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person
or through legal assistance of his own choosing; to be informed, if he
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 67

does not have legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the interests of justice so
require, and without payment by him in any such case if he does not
have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him
and to obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot
understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to confess
guilt.
4. In the case of juvenile persons, the procedure shall be such
as will take account of their age and the desirability of promoting
their rehabilitation.
5. Everyone convicted of a crime shall have the right to his
conviction and sentence being reviewed by a higher tribunal
according to law.
6. When a person has by a final decision been convicted of a
criminal offence and when subsequently his conviction has been
reversed or he has been pardoned on the ground that a new or newly
discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment as a
result of such conviction shall be compensated according to law,
unless it is proved that the non-disclosure of the unknown fact in
time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an
offence for which he has already been finally convicted or acquitted
in accordance with the law and penal procedure of each country.

Article 15
1. No one shall be held guilty of any criminal offence on
account of any act or omission which did not constitute a criminal
offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time when the criminal offence was
committed. If, subsequent to the commission of the offence,
provision is made by law for the imposition of the lighter penalty,
the offender shall benefit thereby.
68 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

2. Nothing in this article shall prejudice the trial and

punishment of any person for any act or omission which, at the time
when it was committed, was criminal according to the general
principles of law recognized by the community of nations.

Article 16
Everyone shall have the right to recognition everywhere as a person
before the law.

Article 17
1. No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, nor
to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against
such interference or attacks.

Article 18
1. Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to have or
to adopt a religion or belief of his choice, and freedom, either
individually or in community with others and in public or private, to
manifest his religion or belief in worship, observance, practice and
teaching.
2. No one shall be subject to coercion which would impair his
freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest oneÕ s religion or beliefs may be
subject only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health, or morals or the
fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to
have respect for the liberty of parents and, when applicable, legal
guardians to ensure the religious and moral education of their
children in conformity with their own convictions.

Article 19
1. Everyone shall have the right to hold opinions without
interference.
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 69

2. Everyone shall have the right to freedom of expression;

this right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any other
media of his choice.
3. The exercise of the rights provided for in paragraph 2 of
this article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only be
such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b)For the protection of national security or of public order
(ordre public), or of public health or morals.

Article 20
[Link] propaganda for war shall be prohibited by law.
[Link] advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall be
prohibited by law.

Article 21
The right of peaceful assembly shall be recognized. No restrictions
may be placed on the exercise of this right other than those imposed in
conformity with the law and which are necessary in a democratic society in
the interests of national security or public safety, public order (ordre public),
the protection of public health or morals or the protection of the rights and
freedoms of others.

Article 22
1. Everyone shall have the right to freedom of association
with others, including the right to form and join trade unions for the
protection of his interests.
2. No restrictions may be placed on the exercise of this right
other than those which are prescribed by law and which are
necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the protection
of public health or morals or the protection of the rights and
freedoms of others. This article shall not prevent the imposition of
70 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

lawful restrictions on members of the armed forces and of the police

in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the
International Labour Organisation Convention of 1948 concerning
Freedom of Association and Protection of the Right to Organize to
take legislative measures which would prejudice, or to apply the
law in such a manner as to prejudice, the guarantees provided for in
that Convention.

Article 23
1. The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry
and to found a family shall be recognized.
3. No marriage shall be entered into without the free and full
consent of the intending spouses.
4. States Parties to the present Covenant shall take
appropriate steps to ensure equality of rights and responsibilities of
spouses as to marriage, during marriage and at its dissolution. In the
case of dissolution, provision shall be made for the necessary
protection of any children.

Article 24
1. Every child shall have, without any discrimination as to
race, colour, sex, language, religion, national or social origin,
property or birth, 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.
2. Every child shall be registered immediately after birth and
shall have a name.
3. Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without any of
the distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or
through freely chosen representatives;
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 71

(b)To vote and to be elected at genuine periodic elections

which shall be by universal and equal suffrage and shall be held by
secret ballot, guaranteeing the free expression of the will of the
electors;
(c) To have access, on general terms of equality, to public
service in his country.

Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law shall
prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status.

Article 27
In those States in which ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right, in
community with the other members of their group, to enjoy their own
culture, to profess and practise their own religion, or to use their own
language.

PART IV

Article 28
1. There shall be established a Human Rights Committee
(hereafter referred to in the present Covenant as the Committee). It
shall consist of eighteen members and shall carry out the functions
hereinafter provided.
2. The Committee shall be composed of nationals of the
States Parties to the present Covenant who shall be persons of high
moral character and recognized competence in the field of human
rights, consideration being given to the usefulness of the
participation of some persons having legal experience.
3. The members of the Committee shall be elected and shall
serve in their personal capacity.
72 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Article 29
1. The members of the Committee shall be elected by secret
ballot from a list of persons possessing the qualifications prescribed
in article 28 and nominated for the purpose by the States Parties to
the present Covenant.
2. Each State Party to the present Covenant may nominate
not more than two persons. These persons shall be nationals of the
nominating State.
3. A person shall be eligible for renomination.

Article 30
1. The initial election shall be held no later than six months
after the date of the entry into force of the present Covenant.
2. At least four months before the date of each election to the
Committee, other than an election to fill a vacancy declared in
accordance with article 34, the Secretary-General of the United
Nations shall address a written invitation to the States Parties to the
present Covenant to submit their nominations for membership of
the Committee within three months.
3. The Secretary-General of the United Nations shall prepare
a list in alphabetical order of all the persons thus nominated, with an
indication of the States Parties which have nominated them, and
shall submit it to the States Parties to the present Covenant no later
than one month before the date of each election.
4. Elections of the members of the Committee shall be held at
a meeting of the States Parties to the present Covenant convened by
the Secretary General of the United Nations at the Headquarters of
the United Nations. At that meeting, for which two thirds of the
States Parties to the present Covenant shall constitute a quorum, the
persons elected to the Committee shall be those nominees who
obtain the largest number of votes and an absolute majority of the
votes of the representatives of States Parties present and voting.
Article 31
1. The Committee may not include more than one national of
the same State.
2. In the election of the Committee, consideration shall be
given to equitable geographical distribution of membership and to
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 73

the representation of the different forms of civilization and of the

principal legal systems.

Article 32
1. The members of the Committee shall be elected for a term
of four years. They shall be eligible for re-election if renominated.
However, the terms of nine of the members elected at the first
election shall expire at the end of two years; immediately after the
first election, the names of these nine members shall be chosen by
lot by the Chairman of the meeting referred to in article 30,
paragraph 4.
2. Elections at the expiry of office shall be held in accordance
with the preceding articles of this part of the present Covenant.

Article 33
1. If, in the unanimous opinion of the other members, a
member of the Committee has ceased to carry out his functions for
any cause other than absence of a temporary character, the
Chairman of the Committee shall notify the Secretary-General of
the United Nations, who shall then declare the seat of that member
to be vacant.
2. In the event of the death or the resignation of a member of
the Committee, the Chairman shall immediately notify the
Secretary-General of the United Nations, who shall declare the seat
vacant from the date of death or the date on which the resignation
takes effect.

Article 34
1. When a vacancy is declared in accordance with article 33
and if the term of office of the member to be replaced does not
expire within six months of the declaration of the vacancy, the
SecretaryGeneral of the United Nations shall notify each of the
States Parties to the present Covenant, which may within two
months submit nominations in accordance with article 29 for the
purpose of filling the vacancy.
2. The Secretary-General of the United Nations shall prepare
a list in alphabetical order of the persons thus nominated and shall
submit it to the States Parties to the present Covenant. The election
74 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

to fill the vacancy shall then take place in accordance with the
relevant provisions of this part of the present Covenant.
3. A member of the Committee elected to fill a vacancy
declared in accordance with article 33 shall hold office for the
remainder of the term of the member who vacated the seat on the
Committee under the provisions of that article.

Article 35
The members of the Committee shall, with the approval of the General
Assembly of the United Nations, receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide,
having regard to the importance of the CommitteeÕ s responsibilities.

Article 36
The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of the functions of
the Committee under the present Covenant.

Article 37
1. The Secretary-General of the United Nations shall convene
the initial meeting of the Committee at the Headquarters of the
United Nations.
2. After its initial meeting, the Committee shall meet at such
times as shall be provided in its rules of procedure.
3. The Committee shall normally meet at the Headquarters of
the United Nations or at the United Nations Office at Geneva.

Article 38
Every member of the Committee shall, before taking up his duties,
make a solemn declaration in open committee that he will perform his
functions impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of two
years. They may be re-elected.
2. The Committee shall establish its own rules of procedure,
but these rules shall provide, inter alia, that:
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 75

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority
vote of the members present.

Article 40
1. The States Parties to the present Covenant undertake to
submit reports on the measures they have adopted which give effect
to the rights recognized herein and on the progress made in the
enjoyment of those rights: (a) Within one year of the entry into
force of the present Covenant for the States Parties concerned; (b)
Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of
the United Nations, who shall transmit them to the Committee for
consideration. Reports shall indicate the factors and difficulties, if
any, affecting the implementation of the present Covenant.
3. The Secretary-General of the United Nations may, after
consultation with the Committee, transmit to the specialized
agencies concerned copies of such parts of the reports as may fall
within their field of competence.
4. The Committee shall study the reports submitted by the
States Parties to the present Covenant. It shall transmit its reports,
and such general comments as it may consider appropriate, to the
States Parties. The Committee may also transmit to the Economic
and Social Council these comments along with the copies of the
reports it has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to
the Committee observations on any comments that may be made in
accordance with paragraph 4 of this article.

Article 41
1. A State Party to the present Covenant may at any time
declare under this article that it recognizes the competence of the
Committee to receive and consider communications to the effect
that a State Party claims that another State Party is not fulfilling its
obligations under the present Covenant. Communications under this
article may be received and considered only if submitted by a State
Party which has made a declaration recognizing in regard to itself
the competence of the Committee. No communication shall be
received by the Committee if it concerns a State Party which has not
76 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

made such a declaration. Communications received under this

article shall be dealt with in accordance with the following
procedure:
(a) If a State Party to the present Covenant considers that
another State Party is not giving effect to the provisions of the present
Covenant, it may, by written communication, bring the matter to the
attention of that State Party. Within three months after the receipt of
the communication the receiving State shall afford the State which sent
the communication an explanation, or any other statement in writing
clarifying the matter which should include, to the extent possible and
pertinent, reference to domestic procedures and remedies taken,
pending, or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both
States Parties concerned within six months after the receipt by the
receiving State of the initial communication, either State shall have the
right to refer the matter to the Committee, by notice given to the
Committee and to the other State;
(c) The Committee shall deal with a matter referred to it only
after it has ascertained that all available domestic remedies have been
invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the rule
where the application of the remedies is unreasonably prolonged;
(d) The Committee shall hold closed meetings when
examining communications under this article;
(e) Subject to the provisions of subparagraph (c), the
Committee shall make available its good offices to the States Parties
concerned with a view to a friendly solution of the matter on the basis
of respect for human rights and fundamental freedoms as recognized in
the present Covenant;
(f) In any matter referred to it, the Committee may call upon
the States Parties concerned, referred to in subparagraph
(b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph
(b), shall have the right to be represented when the matter is being
considered in the Committee and to make submissions orally and/or in
writing;
(h) The Committee shall, within twelve months after the date
of receipt of notice under subparagraph (b), submit a report:
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 77

(i) If a solution within the terms of subparagraph (e) is

reached, the Committee shall confine its report to a brief statement of
the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (e) is not
reached, the Committee shall confine its report to a brief
statement of the facts; the written submissions and record of the
oral submissions made by the States Parties concerned shall be
attached to the report. In every matter, the report shall be
communicated to the States Parties concerned.
2. The provisions of this article shall come into force when
ten States Parties to the present Covenant have made declarations
under paragraph I of this article. Such declarations shall be
deposited by the States Parties with the Secretary-General of the
United Nations, who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any time by notification
to the Secretary-General. Such a withdrawal shall not prejudice the
consideration of any matter which is the subject of a communication
already transmitted under this article; no further communication by
any State Party shall be received after the notification of withdrawal
of the declaration has been received by the Secretary-General,
unless the State Party concerned has made a new declaration.

Article 42
1. (a) If a matter referred to the Committee in accordance with article
41 is not resolved to the satisfaction of the States Parties concerned, the
Committee may, with the prior consent of the States Parties concerned,
appoint an ad hoc Conciliation Commission (hereinafter referred to as the
Commission). The good offices of the Commission shall be made available
to the States Parties concerned with a view to an amicable solution of the
matter on the basis of respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the
States Parties concerned. If the States Parties concerned fail to reach
agreement within three months on all or part of the composition of the
Commission, the members of the Commission concerning whom no
agreement has been reached shall be elected by secret ballot by a two-thirds
majority vote of the Committee from among its members.
2. The members of the Commission shall serve in their
personal capacity. They shall not be nationals of the States Parties
concerned, or of a State not Party to the present Covenant, or of a
State Party which has not made a declaration under article 41.
78 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

3. The Commission shall elect its own Chairman and adopt

its own rules of procedure.
4. The meetings of the Commission shall normally be held at
the Headquarters of the United Nations or at the United Nations
Office at Geneva. However, they may be held at such other
convenient places as the Commission may determine in consultation
with the Secretary-General of the United Nations and the States
Parties concerned.
5. The secretariat provided in accordance with article 36 shall
also service the commissions appointed under this article.
6. The information received and collated by the Committee
shall be made available to the Commission and the Commission
may call upon the States Parties concerned to supply any other
relevant information.
7. When the Commission has fully considered the matter, but
in any event not later than twelve months after having been seized
of the matter, it shall submit to the Chairman of the Committee a
report for communication to the States Parties concerned:
(a) If the Commission is unable to complete its consideration
of the matter within twelve months, it shall confine its report to a brief
statement of the status of its consideration of the matter;
(b) If an amicable solution to the matter on tie basis of respect
for human rights as recognized in the present Covenant is reached, the
Commission shall confine its report to a brief statement of the facts
and of the solution reached;
(c) If a solution within the terms of subparagraph (b) is not
reached, the Commission’s report shall embody its findings on all
questions of fact relevant to the issues between the States Parties
concerned, and its views on the possibilities of an amicable solution of
the matter. This report shall also contain the written submissions and a
record of the oral submissions made by the States Parties concerned;
(d) If the CommissionÕ s report is submitted under
subparagraph (c), the States Parties concerned shall, within three
months of the receipt of the report, notify the Chairman of the
Committee whether or not they accept the contents of the report of the
Commission.
8. The provisions of this article are without prejudice to the
responsibilities of the Committee under article 41.
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 79

9. The States Parties concerned shall share equally all the

expenses of the members of the Commission in accordance with
estimates to be provided by the Secretary-General of the United
Nations.
10. The Secretary-General of the United Nations shall
be empowered to pay the expenses of the members of the
Commission, if necessary, before reimbursement by the States
Parties concerned, in accordance with paragraph 9 of this article.

Article 43
The members of the Committee, and of the ad hoc conciliation
commissions which may be appointed under article 42, shall be entitled to
the facilities, privileges and immunities of experts on mission for the United
Nations as laid down in the relevant sections of the Convention on the
Privileges and Immunities of the United Nations.

Article 44
The provisions for the implementation of the present Covenant shall
apply without prejudice to the procedures prescribed in the field of human
rights by or under the constituent instruments and the conventions of the
United Nations and of the specialized agencies and shall not prevent the
States Parties to the present Covenant from having recourse to other
procedures for settling a dispute in accordance with general or special
international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social Council, an annual report on its
activities.

PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing the
provisions of the Charter of the United Nations and of the constitutions of
the specialized agencies which define the respective responsibilities of the
various organs of the United Nations and of the specialized agencies in
regard to the matters dealt with in the present Covenant.
80 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Article 47
Nothing in the present Covenant shall be interpreted as impairing the
inherent right of all peoples to enjoy and utilize fully and freely their natural
wealth and resources.

PART VI
Article 48
1. The present Covenant is open for signature by any State
Member of the United Nations or member of any of its specialized
agencies, by any State Party to the Statute of the International Court
of Justice, and by any other State which has been invited by the
General Assembly of the United Nations to become a Party to the
present Covenant.
2. The present Covenant is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General of the
United Nations.
3. The present Covenant shall be open to accession by any
State referred to in paragraph 1 of this article.
4. Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform
all States which have signed this Covenant or acceded to it of the
deposit of each instrument of ratification or accession.
Article 49
1. The present Covenant shall enter into force three months
after the date of the deposit with the Secretary-General of the
United Nations of the thirty-fifth instrument of ratification or
instrument of accession.
2. For each State ratifying the present Covenant or acceding
to it after the deposit of the thirty-fifth instrument of ratification or
instrument of accession, the present Covenant shall enter into force
three months after the date of the deposit of its own instrument of
ratification or instrument of accession.

Article 50
The provisions of the present Covenant shall extend to all parts of
federal States without any limitations or exceptions.
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 81

Article 51
1. Any State Party to the present Covenant may propose an
amendment and file it with the Secretary-General of the United
Nations. The Secretary-General of the United Nations shall
thereupon communicate any proposed amendments to the States
Parties to the present Covenant with a request that they notify him
whether they favour a conference of States Parties for the purpose
of considering and voting upon the proposals. In the event that at
least one third of the States Parties favours such a conference, the
Secretary-General shall convene the conference under the auspices
of the United Nations. Any amendment adopted by a majority of the
States Parties present and voting at the conference shall be
submitted to the General Assembly of the United Nations for
approval.
2. Amendments shall come into force when they have been
approved by the General Assembly of the United Nations and
accepted by a two-thirds majority of the States Parties to the present
Covenant in accordance with their respective constitutional
processes.
3. When amendments come into force, they shall be binding
on those States Parties which have accepted them, other States
Parties still being bound by the provisions of the present Covenant
and any earlier amendment which they have accepted.
Article 52
1. Irrespective of the notifications made under article 48, paragraph 5,
the Secretary-General of the United Nations shall inform all States referred
to in paragraph I of the same article of the following particulars:
(a) Signatures, ratifications and accessions under
article 48;
(b) The date of the entry into force of the present Covenant
under article 49 and the date of the entry into force of any amendments
under article 51.

Article 53
1. The present Covenant, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited in the archives of the United Nations.
82 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

2. The Secretary-General of the United Nations shall transmit

certified copies of the present Covenant to all States referred to in
article 48.

INTERNATIONAL COVENANT ON ECONOMIC,

SOCIAL AND CULTURAL RIGHTS
Adopted and opened for signature, ratification and accession by
General Assembly resolution 2200A (XXI)
of 16 December 1966 entry into force 3 January 1976, in accordance
with article 27

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the
Charter of the United Nations, recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the
human person,
Recognizing that, in accordance with the Universal Declaration of
Human Rights, the ideal of free human beings enjoying freedom from fear
and want can only be achieved if conditions are created whereby everyone
may enjoy his economic, social and cultural rights, as well as his civil and
political rights,
Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human rights
and freedoms,
Realizing that the individual, having duties to other individuals and to
the community to which he belongs, is under a responsibility to strive for the
promotion and observance of the rights recognized in the present Covenant,
Agree upon the following articles:

86
 INTERNATIONAL COVENANT ON ECONOMIC, 83
SOCIAL AND CULTURAL RIGHTS

PART I
Article 1
1. All peoples have the right of self-determination. By virtue
of that right they freely determine their political status and freely
pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any obligations
arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a
people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those
having responsibility for the administration of Non-SelfGoverning
and Trust Territories, shall promote the realization of the right of
self-determination, and shall respect that right, in conformity with
the provisions of the Charter of the United Nations.

PART II
Article 2
1. Each State Party to the present Covenant undertakes to
take steps, individually and through international assistance and co-
operation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full
realization of the rights recognized in the present Covenant by all
appropriate means, including particularly the adoption of legislative
measures.
2. The States Parties to the present Covenant undertake to
guarantee that the rights enunciated in the present Covenant will be
exercised without discrimination of any kind as to race, colour, sex,
language, religion, political or other opinion, national or social
origin, property, birth or other status.
3. Developing countries, with due regard to human rights and
their national economy, may determine to what extent they would
guarantee the economic rights recognized in the present Covenant
to non-nationals.
84 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Article 3
The States Parties to the present Covenant undertake to ensure the
equal right of men and women to the enjoyment of all economic, social and
cultural rights set forth in the present Covenant.
Article 4
The States Parties to the present Covenant recognize that, in the
enjoyment of those rights provided by the State in conformity with the
present Covenant, the State may subject such rights only to such limitations
as are determined by law only in so far as this may be compatible with the
nature of these rights and solely for the purpose of promoting the general
welfare in a democratic society.

Article 5
1. Nothing in the present Covenant may be interpreted as
implying for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any of the
rights or freedoms recognized herein, or at their limitation to a
greater extent than is provided for in the present Covenant.
2. No restriction upon or derogation from any of the
fundamental human rights recognized or existing in any country in
virtue of law, conventions, regulations or custom shall be admitted
on the pretext that the present Covenant does not recognize such
rights or that it recognizes them to a lesser extent.

PART III
Article 6
1. The States Parties to the present Covenant recognize the
right to work, which includes the right of everyone to the
opportunity to gain his living by work which he freely chooses or
accepts, and will take appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present
Covenant to achieve the full realization of this right shall include
technical and vocational guidance and training programmes,
policies and techniques to achieve steady economic, social and
cultural development and full and productive employment under
conditions safeguarding fundamental political and economic
freedoms to the individual.
 INTERNATIONAL COVENANT ON ECONOMIC, 85
SOCIAL AND CULTURAL RIGHTS

Article 7
The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of just and favourable conditions of work which
ensure, in particular:
(a) Remuneration which provides all workers, as a minimum,
with:
(i) Fair wages and equal remuneration for work of equal value
without distinction of any kind, in particular women being guaranteed
conditions of work not inferior to those enjoyed by men, with equal
pay for equal work;
(ii) A decent living for themselves and their families in
accordance with the provisions of the present Covenant;
(b)Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his
employment to an appropriate higher level, subject to no
considerations other than those of seniority and competence;
(d)Rest, leisure and reasonable limitation of working hours
and periodic holidays with pay, as well as remuneration for public
holidays

Article 8
1. The States Parties to the present Covenant undertake to
ensure:
(a) The right of everyone to form trade unions and join the
trade union of his choice, subject only to the rules of the organization
concerned, for the promotion and protection of his economic and social
interests. No restrictions may be placed on the exercise of this right
other than those prescribed by law and which are necessary in a
democratic society in the interests of national security or public order
or for the protection of the rights and freedoms of others;
(b) The right of trade unions to establish national federations
or confederations and the right of the latter to form or join international
trade-union organizations;
(c) The right of trade unions to function freely subject to no
limitations other than those prescribed by law and which are necessary
in a democratic society in the interests of national security or public
order or for the protection of the rights and freedoms of others;
86 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

(d) The right to strike, provided that it is exercised in

conformity with the laws of the particular country.
2. 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 the State.
3. Nothing in this article shall authorize States Parties to the
International Labour Organisation Convention of 1948 concerning
Freedom of Association and Protection of the Right to Organize to
take legislative measures which would prejudice, or apply the law
in such a manner as would prejudice, the guarantees provided for in
that Convention.

Article 9
The States Parties to the present Covenant recognize the right of
everyone to social security, including social insurance.

Article 10
The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be
accorded to the family, which is the natural and fundamental group
unit of society, particularly for its establishment and while it is
responsible for the care and education of dependent children.
Marriage must be entered into with the free consent of the intending
spouses.
2. Special protection should be accorded to mothers during a
reasonable period before and after childbirth. During such period
working mothers should be accorded paid leave or leave with
adequate social security benefits.
3. Special measures of protection and assistance should be
taken 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. States should
also set age limits below which the paid employment of child labour
should be prohibited and punishable by law.
 INTERNATIONAL COVENANT ON ECONOMIC, 87
SOCIAL AND CULTURAL RIGHTS

Article 11
1. The States Parties to the present Covenant recognize the
right of everyone to an adequate standard of living for himself and
his family, including adequate food, clothing and housing, and to
the continuous improvement of living conditions. The States Parties
will take appropriate steps to ensure the realization of this right,
recognizing to this effect the essential importance of international
co-operation based on free consent.
2. The States Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall take,
individually and through international co-operation, the measures,
including specific programmes, which are needed:
(a) To improve methods of production, conservation and
distribution of food by making full use of technical and scientific
knowledge, by disseminating knowledge of the principles of nutrition
and by developing or reforming agrarian systems in such a way as to
achieve the most efficient development and utilization of natural
resources;
(b) Taking into account the problems of both foodimporting
and food-exporting countries, to ensure an equitable distribution of
world food supplies in relation to need.

Article 12
1. The States Parties to the present Covenant recognize the
right of everyone to the enjoyment of the highest attainable standard
of physical and mental health.
2. The steps to be taken by the States Parties to the present
Covenant to achieve the full realization of this right shall include
those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of
infant mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and
industrial hygiene;
(c) The prevention, treatment and control of epidemic,
endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all
medical service and medical attention in the event of sickness.
88 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Article 13
1. The States Parties to the present Covenant recognize the
right of everyone to education. They agree that education shall be
directed to the full development of the human personality and the
sense of its dignity, and shall strengthen the respect for human
rights and fundamental freedoms. They further agree that education
shall enable all persons to participate effectively in a free society,
promote understanding, tolerance and friendship among all nations
and all racial, ethnic or religious groups, and further the activities of
the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that,
with a view to achieving the full realization of this right:
(a) Primary education shall be compulsory and available
free to all;
(b) Secondary education in its different forms, including
technical and vocational secondary education, shall be made generally
available and accessible to all by every appropriate means, and in
particular by the progressive introduction of free education;
(c) Higher education shall be made equally accessible to all,
on the basis of capacity, by every appropriate means, and in particular
by the progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified
as far as possible for those persons who have not received or
completed the whole period of their primary education;
(e) The development of a system of schools at all levels shall
be actively pursued, an adequate fellowship system shall be
established, and the material conditions of teaching staff shall be
continuously improved.
3. The States Parties to the present Covenant undertake to
have respect for the liberty of parents and, when applicable, legal
guardians to choose for their children schools, other than those
established by the public authorities, which conform to such
minimum educational standards as may be laid down or approved
by the State and to ensure the religious and moral education of their
children in conformity with their own convictions.
4. No part of this article shall be construed so as to interfere
with the liberty of individuals and bodies to establish and direct
educational institutions, subject always to the observance of the
 INTERNATIONAL COVENANT ON ECONOMIC, 89
SOCIAL AND CULTURAL RIGHTS

principles set forth in paragraph I of this article and to the

requirement that the education given in such institutions shall
conform to such minimum standards as may be laid down by the
State.

Article 14
Each State Party to the present Covenant which, at the time of
becoming a Party, has not been able to secure in its metropolitan territory or
other territories under its jurisdiction compulsory primary education, free of
charge, undertakes, within two years, to work out and adopt a detailed plan
of action for the progressive implementation, within a reasonable number of
years, to be fixed in the plan, of the principle of compulsory education free
of charge for all.

Article 15
1. The States Parties to the present Covenant recognize the
right of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its
applications;
(c) To benefit from the protection of the moral and material
interests resulting from any scientific, literary or artistic production of
which he is the author.
2. The steps to be taken by the States Parties to the present
Covenant to achieve the full realization of this right shall include
those necessary for the conservation, the development and the
diffusion of science and culture.
3. The States Parties to the present Covenant undertake to
respect the freedom indispensable for scientific research and
creative activity.
4. The States Parties to the present Covenant recognize the
benefits to be derived from the encouragement and development of
international contacts and co-operation in the scientific and cultural
fields.
PART IV
90 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Article 16
1. The States Parties to the present Covenant undertake to submit in
conformity with this part of the Covenant reports on the measures which they
have adopted and the progress made in achieving the observance of the rights
recognized herein.
2.
(a) All reports shall be submitted to the SecretaryGeneral of
the United Nations, who shall transmit copies to the Economic and
Social Council for consideration in accordance with the provisions of
the present Covenant;
(b) The Secretary-General of the United Nations shall also
transmit to the specialized agencies copies of the reports, or any
relevant parts therefrom, from States Parties to the present Covenant
which are also members of these specialized agencies in so far as these
reports, or parts therefrom, relate to any matters which fall within the
responsibilities of the said agencies in accordance with their
constitutional instruments.

Article 17
1. The States Parties to the present Covenant shall furnish
their reports in stages, in accordance with a programme to be
established by the Economic and Social Council within one year of
the entry into force of the present Covenant after consultation with
the States Parties and the specialized agencies concerned.
2. Reports may indicate factors and difficulties affecting the
degree of fulfillment of obligations under the present Covenant.
3. Where relevant information has previously been furnished
to the United Nations or to any specialized agency by any State
Party to the present Covenant, it will not be necessary to reproduce
that information, but a precise reference to the information so
furnished will suffice.

Article 18
Pursuant to its responsibilities under the Charter of the United Nations
in the field of human rights and fundamental freedoms, the Economic and
Social Council may make arrangements with the specialized agencies in
respect of their reporting to it on the progress made in achieving the
observance of the provisions of the present Covenant falling within the scope
 INTERNATIONAL COVENANT ON ECONOMIC, 91
SOCIAL AND CULTURAL RIGHTS

of their activities. These reports may include particulars of decisions and

recommendations on such implementation adopted by their competent
organs.

Article 19
The Economic and Social Council may transmit to the Commission on
Human Rights for study and general recommendation or, as appropriate, for
information the reports concerning human rights submitted by States in
accordance with articles 16 and 17, and those concerning human rights
submitted by the specialized agencies in accordance with article 18.

Article 20
The States Parties to the present Covenant and the specialized agencies
concerned may submit comments to the Economic and Social Council on any
general recommendation under article 19 or reference to such general
recommendation in any report of the Commission on Human Rights or any
documentation referred to therein.

Article 21
The Economic and Social Council may submit from time to time to the
General Assembly reports with recommendations of a general nature and a
summary of the information received from the States Parties to the present
Covenant and the specialized agencies on the measures taken and the
progress made in achieving general observance of the rights recognized in
the present Covenant.

Article 22
The Economic and Social Council may bring to the attention of other
organs of the United Nations, their subsidiary organs and specialized
agencies concerned with furnishing technical assistance any matters arising
out of the reports referred to in this part of the present Covenant which may
assist such bodies in deciding, each within its field of competence, on the
advisability of international measures likely to contribute to the effective
progressive implementation of the present Covenant.
Article 23
The States Parties to the present Covenant agree that international
action for the achievement of the rights recognized in the present Covenant
includes such methods as the conclusion of conventions, the adoption of
recommendations, the furnishing of technical assistance and the holding of
92 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

regional meetings and technical meetings for the purpose of consultation and
study organized in conjunction with the Governments concerned.

Article 24
Nothing in the present Covenant shall be interpreted as impairing the
provisions of the Charter of the United Nations and of the constitutions of
the specialized agencies which define the respective responsibilities of the
various organs of the United Nations and of the specialized agencies in
regard to the matters dealt with in the present Covenant.

Article 25
Nothing in the present Covenant shall be interpreted as impairing the
inherent right of all peoples to enjoy and utilize fully and freely their natural
wealth and resources.

PART V
Article 26
1. The present Covenant is open for signature by any State
Member of the United Nations or member of any of its specialized
agencies, by any State Party to the Statute of the International Court
of Justice, and by any other State which has been invited by the
General Assembly of the United Nations to become a party to the
present Covenant.
2. The present Covenant is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General of the
United Nations.
3. The present Covenant shall be open to accession by any
State referred to in paragraph 1 of this article.
4. Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform
all States which have signed the present Covenant or acceded to it
of the deposit of each instrument of ratification or accession.

Article 27
1. The present Covenant shall enter into force three months
after the date of the deposit with the Secretary-General of the
 INTERNATIONAL COVENANT ON ECONOMIC, 93
SOCIAL AND CULTURAL RIGHTS

United Nations of the thirty-fifth instrument of ratification or

instrument of accession.
2. For each State ratifying the present Covenant or acceding
to it after the deposit of the thirty-fifth instrument of ratification or
instrument of accession, the present Covenant shall enter into force
three months after the date of the deposit of its own instrument of
ratification or instrument of accession.

Article 28
The provisions of the present Covenant shall extend to all parts of
federal States without any limitations or exceptions.

Article 29
1. Any State Party to the present Covenant may propose an
amendment and file it with the Secretary-General of the United
Nations. The Secretary-General shall thereupon communicate any
proposed amendments to the States Parties to the present Covenant
with a request that they notify him whether they favour a
conference of States Parties for the purpose of considering and
voting upon the proposals. In the event that at least one third of the
States Parties favours such a conference, the Secretary-General
shall convene the conference under the auspices of the United
Nations. Any amendment adopted by a majority of the States
Parties present and voting at the conference shall be submitted to
the General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been
approved by the General Assembly of the United Nations and
accepted by a two-thirds majority of the States Parties to the present
Covenant in accordance with their respective constitutional
processes.
3. When amendments come into force they shall be binding
on those States Parties which have accepted them, other States
Parties still being bound by the provisions of the present Covenant
and any earlier amendment which they have accepted.

Article 30
Irrespective of the notifications made under article 26, paragraph 5, the
Secretary-General of the United Nations shall inform all States referred to in
paragraph I of the same article of the following particulars:
94 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

(a) Signatures, ratifications and accessions under

article 26;
(b) The date of the entry into force of the present Covenant
under article 27 and the date of the entry into force of any amendments
under article 29.

Article 31
1. The present Covenant, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of the present Covenant to all States referred to in
article 26.
 95

COMPREHENSIVE AGREEMENT
ON RESPECT FOR HUMAN RIGHTS AND
INTERNATIONAL HUMANITARIAN LAW
BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES AND THE
NATIONAL DEMOCRATIC FRONT OF THE
PHILIPPINES
March 16, 1998
THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES, including the executive department and its agencies,
hereinafter referred to as the GRP
AND
THE NATIONAL DEMOCRATIC FRONT OF THE
PHILIPPINES, including the Communist Party of the Philippines
(CPP) and the New PeopleÕ s Army (NPA), hereinafter referred to as the
NDFP
Hereinafter referred to as Ò the PartiesÓ ,

PREAMBLE
RECOGNIZING that respect for human rights and international
humanitarian law is of crucial importance and urgent necessity in laying the
ground for a just and lasting peace,
CONSIDERING that a comprehensive agreement on respect for human
rights and international humanitarian law should take into account the
current human rights situation in the Philippines and the historical experience
of the Filipino people,
AFFIRMING that the principles of human rights and the principles of
international humanitarian law are universally

99
applicable, ACKNOWLEDGING that the prolonged armed conflict in the
Philippines necessitates the application of the principles of human rights and
the principles of international humanitarian law,
96 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

REAFFIRMING their continuing commitment to the aforesaid

principles and their application, REALIZING the necessity and significance
of assuming separate duties and responsibilities for upholding, protecting and
promoting the principles of human rights and the principles of international
humanitarian law,
UPHOLDING and complying with the mutually acceptable principles
as well as the common goals and objectives in The Hague Joint Declaration
of September 1, 1992, the Breukelen Joint Statement of June 14, 1994 and
pertinent joint agreements hitherto signed, and
FULLY AWARE of the need for effective mechanisms and measures
for upholding, protecting and promoting the principles of human rights and
the principles of international humanitarian law in a comprehensive
agreement,
SOLEMNLY ENTER without reservation into this Comprehensive
Agreement on Respect for Human Rights and International Humanitarian
Law.

PART I
DECLARATION OF PRINCIPLES

Article 1. The Parties are governed by the framework of holding peace

negotiations under mutually acceptable principles of national sovereignty,
democracy and social justice and under no precondition that negates the
character and purpose of peace negotiations, as stipulated in The Hague Joint
Declaration (Paragraph 4) and reaffirmed in the Breukelen Joint Statement
(No. 7 of II) and subsequent agreements.
Article 2. The Parties uphold the principles of mutuality and
reciprocity in the conduct of the peace negotiations in accordance with The
Hague Joint Declaration. The Parties likewise affirm the need to assume
separate duties and responsibilities in accordance with the letter and intent of
this Agreement.
Article 3. The Parties realize the need for a comprehensive accord on
human rights and international humanitarian law based on realities involving
violations of human rights and the principles of international humanitarian
law.
Article 4. The Parties recognize that fundamental individual and
collective freedoms and human rights in the political, social, economic and
cultural spheres can only be realized and flourish under conditions of
national and social freedoms of the people.
 COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN
97RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

Article 5. The Parties affirm the need to promote, expand and

guarantee the peopleÕ s democratic rights and freedoms, especially of the
toiling masses of workers and peasants.
Article 6. The Parties are aware that the prolonged armed conflict in
the Philippines necessitates the application of the principles of human rights
and the principles of international humanitarian law and the faithful
compliance therewith by both Parties.
Article 7. The Parties hereby forge this Agreement in order to affirm
their constant and continuing mutual commitment to respect human rights
and the principles of international humanitarian law and hereby recognize
either PartyÕ s acts of good intention to be bound by and to comply with the
principles of international humanitarian law.

PART II
BASES, SCOPE AND APPLICABILITY

Article 1. This Agreement is meant to meet the needs arising from the
concrete conditions of the Filipino people concerning violations of human
rights and the principles of international humanitarian law, and to find
principled ways and means of rendering justice to all the victims of such
violations.
Article 2. The objectives of this Agreement are:
(a) to guarantee the protection of human rights to all Filipinos
under all circumstances, especially the workers, peasants and other
poor people;
(b)to affirm and apply the principles of international
humanitarian law in order to protect the civilian population and
individual civilians, as well as persons who do not take Ð Ð direct
part or who have ceased to take part in the armed hostilities,
including persons deprived of their liberty for reasons related to the
armed conflict;
(c) to establish effective mechanisms and measures for
realizing, monitoring, verifying and ensuring compliance with the
provisions of this Agreement; and,
(d)to pave the way for comprehensive agreements on
economic, social and political reforms that will ensure the
attainment of a just and lasting peace.
Article 3. The Parties shall uphold, protect and promote the full scope
of human rights, including civil, political, economic, social and cultural
98 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

rights. In complying with such obligation due consideration shall be

accorded to the respective political principles and circumstances of the
Parties.
Article 4. It is understood that the universally applicable principles and
standards of human rights and of international humanitarian law
contemplated in this Agreement include those embodied in the instruments
signed by the Philippines and deemed to be mutually applicable to and
acceptable by both Parties.
Article 5. This Agreement shall be applicable in all cases involving
violations of human rights and the principles of international humanitarian
law committed against persons, families and groups affiliated with either
Party and all civilians and persons not directly taking part in the hostilities,
including persons deprived of their liberty for reasons related to the armed
conflict. It shall likewise be applicable to all persons affected by the armed
conflict, without distinction of any kind based on sex, race, language,
religion or conviction, political or other opinion, national, ethnic or social
origin, age, economic position, property, marital status, birth or any other
similar condition or status.

PART III
RESPECT FOR HUMAN RIGHTS

Article 1. In the exercise of their inherent rights, the Parties shall

adhere to and be bound by the principles and standards embodied in
international instruments on human rights.
Article 2. This Agreement seeks to confront, remedy and prevent the
most serious human rights violations in terms of civil and political rights, as
well as to uphold, protect and promote the full scope of human rights and
fundamental freedoms, including:
1. The right to self-determination of the Filipino nation by
virtue of which the people should fully and freely determine their
political status, pursue their economic, social and cultural
development, and dispose of their natural wealth and resources for
their own welfare and benefit towards genuine national
independence, democracy, social justice and development.
2. The inherent and inalienable right of the people to
establish a just, democratic and peaceful society, to adopt effective
safeguards against, and to oppose oppression and tyranny similar to
that of the past dictatorial regime.
COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN
99RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

3. The right of the victims and their families to seek justice

for violations of human rights, including adequate compensation or
indemnification, restitution and rehabilitation, and effective
sanctions and guarantees against repetition and impunity.
4. The right to life, especially against summary executions
(salvagings), involuntary disappearances, massacres and
indiscriminate bombardments of communities, and the right not to
be subjected to campaigns of incitement to violence against oneÕ s
person.
5. The right to liberty, particularly against unwarranted and
unjustified arrest and detention and to effectively avail of the
privilege of the writ of habeas corpus.
6. The individual and collective right of the people and of
communities to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures, and to effective
safeguards of these rights against any illegal operations by
GRPagencies.
7. The right not to be subjected to physical or mental torture,
solitary confinement, rape and sexual abuse, and other inhuman,
cruel or degrading treatment, detention and punishment.
8. The right not to be held in involuntary servitude or to
perform forced or compulsory labor.
9. The right to substantive and procedural due process, to be
presumed innocent until proven guilty, and against
selfincrimination.
10. The right to equal protection of the law and
against any form of discrimination on the basis of race, ethnicity,
gender, belief, age, physical condition or civil status and against any
incitement to such discrimination.
11. The right to freedom of thought and expression,
freedom of conscience, political and religious beliefs and practices
and the right not to be punished or held accountable in the exercise
of these rights.
12. The right to free speech, press, association and
assembly, and to seek redress of grievances.
13. The right to privacy of communication and
correspondence, especially against intercepting, pilfering and
100 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

opening of mail matters and conducting illegal surveillance and

information gathering through electronic and other means.
14. The right to free choice of domicile, movement
and travel within the country and abroad, to seek asylum, migration
and exile, and against travel restrictions for political reasons or
objectives.
15. The right not to be subjected to forced
evacuations, food and other forms of economic blockades and
indiscriminate bombings, shellings, strafing, gunfire and the use of
landmines.
16. The right to information on matters of public
concern and access to records, documents and papers pertaining to
acts, transactions or decisions of persons in authority.
17. The right to universal suffrage irrespective of sex,
race, occupation, social origin, property, status, education,
ideological and political conviction, and religious belief.
18. The right to own property and the means of
production and consumption that are obtained through land reform,
honest labor and entrepreneurship, skill, inventiveness and
intellectual merit and to use such means for the common good.
19. The right to gainful employment, humane
working and living conditions, livelihood and job security, to work
and equal pay, to form unions, to strike and participate in the policy
and decisionmaking processes affecting their rights and interests,
and the right not to be denied these rights due to nationality, creed,
minority status, gender or sexual preference, or civil status.
20. The right to universal and free elementary and
secondary education, and access to basic services and health care.
21. The right to freely engage in scientific research,
technological invention, literary and artistic creations and other
cultural pursuits.
22. The right to form a marital union and to found a
family, and to ensure family communications and reunions.
23. The equal right of women in all fields of endeavor
and in all spheres of political, economic, cultural, social and
domestic life and to their emancipation.
 COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN
101RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

24. The right of children and the disabled to

protection, care, and a home, especially against physical and mental
abuse, prostitution, drugs, forced labor, homelessness, and other
similar forms of oppression and exploitation.
25. The existing rights of the minority communities in
the Philippines to autonomy, to their ancestral lands and the natural
resources in these lands, to engage in and benefit from affirmative
action, to their participation and representation in the economic,
political and social life and institutions, and to cultural and all round
development.
Article 3. The Parties decry all violations and abuses of human rights.
They commend the complainants or plaintiffs in all successful human rights
proceedings. They encourage all victims of violations and abuses of human
rights or their surviving families to come forward with their complaints and
evidence.
Article 4. The persons liable for violations and abuses of human rights
shall be subject to investigation and, if evidence warrants, to prosecution and
trial. The victims or their survivors shall be indemnified. All necessary
measures shall be undertaken to remove the conditions for violations and
abuses of human rights and to render justice to and indemnify the victims.
Article 5. The Parties hereby respect and support the rights of the
victims of human rights violations during the Marcos regime, taking into
consideration the final judgment of the United States Federal Court System
in the Human Rights Litigation Against Marcos; Senate Resolution 1640;
Swiss Supreme Court Decision of 10 December 1997; and pertinent
provisions of the U.N. Covenant on Civil and Political Rights and the 1984
U.N. Convention Against Torture. Should there be any settlement, the GRP
shall also execute with the duly authorized representatives of the victims a
written instrument to implement this Article and guide the satisfaction of the
claims of said victims, with regard to the amount and mode of compensation,
which shall be the most direct and quickest possible to every victim or heir in
accordance with the relevant Swiss Supreme Court decisions. In case of any
settlement outside of U.S. jurisdiction, all or the majority of said victims
shall determine their representation by power of attorney.
Article 6. The GRP shall abide by its doctrine laid down in People vs.
Hernandez (99 Phil. 515, July 18, 1956), as further elaborated in People vs.
Geronimo (100 Phil. 90, October 13, 1956), and shall forthwith review the
cases of all prisoners or detainees who have been charged, detained, or
convicted contrary to this doctrine, and shall immediately release them.
102 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Article 7. The GRP shall work for the immediate repeal of any
subsisting repressive laws, decrees, or other executive issuances and for this
purpose, shall forthwith review, among others, the following: General Orders
66 and 67 (Authorizing Checkpoints and Warrantless Searches); Presidential
Decree 1866 as amended (Allowing the Filing of Charges of Illegal
Possession of Firearms with Respect to Political Offenses); Presidential
Decree 169 as amended
(Requiring Physicians to Report Cases of Patients with Gunshot Wounds to
the Police/Military); Batas Pambansa 880 (Restricting and
Controlling the Right to Peaceful Assembly); Executive Order 129
(authorizing the demolition of urban poor communities); Executive Order
264 (Legalizing the Civilian Armed Forces Geographical Units); Executive
Order 272 (Lengthening the Allowable Periods of
Detention); Memorandum Circular 139 (Allowing the Imposition of Food
Blockades); and Administrative Order 308 (Establishing the National
Identification System).
Upon the effectivity of this Agreement, the GRP shall, as far as
practicable, not invoke these repressive laws, decrees and orders to
circumvent or contravene the provisions of this Agreement.
Article 8. The GRP shall review its jurisprudence on warrantless
arrests (Umil vs. Ramos), checkpoints (Valmonte vs. De Villa), saturation
drives (Guazon vs. De Villa), warrantless searches
(Posadas vs. Court of Appeals), criminalization of political offenses
(Baylosis vs. Chavez), rendering moot and academic the remedy of habeas
corpus upon the subsequent filing of charges (Ilagan vs. Ponce-Enrile), and
other similar cases, and shall immediately move for the adoption of
appropriate remedies consistent with the objectives of this and the
immediately preceding Article.
Upon the effectivity of this Agreement, the GRP shall, as far as
practicable, not invoke these decisions to circumvent or contravene the
provisions of this Agreement.
Article 9. The Parties shall take concrete steps to protect the lives,
livelihood and properties of the people against incursions from mining, real
estate, logging, tourism or other similar projects or programs.
Article 10. The Parties shall promote the basic collective and
individual rights of workers, peasants, fisherfolk, urban poor, migrant
workers, ethnic minorities, women, youth, children and the rest of the people
and shall take concrete steps to stop and prevent the violations of human
rights, ensure that those found guilty of such violations are punished, and
provide for the indemnification, rehabilitation and restitution of the victims.
 COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN
103RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

Article 11. The GRP shall respect the basic rights guaranteed by the
International Labor Convention on Freedom of Association and Protection of
the Right to Organize and the standards set by the International Labor
Organization (ILO) pertaining to job tenure, wage and living conditions,
trade union rights and medical and social insurance of all workers, right of
women workers to maternity benefits and against discrimination vis-ˆ -vis
male workers, right against child labor, and the rights of migrant workers
abroad in accordance with the International Covenant on the Rights of
Migrant Workers and the Members of their Families.
Article 12. The GRP shall respect the rights of peasants to land tenure
and to own through land reform the land that they till, the ancestral rights of
the indigenous peoples in the areas classified as public domain and their
rights against racial and ethnic discrimination, the right of the poor
homesteaders or settlers and the indigenous people to the areas of public
domain on which they live and work and the right of poor fisherfolk to fish
in the waters of the Philippines. The GRP shall forthwith review its laws or
other issuances pertinent to the rights mentioned in this and the immediately
preceding Article and shall move for the immediate repeal of those found
violative of such rights.
Article 13. The Parties shall promote and carry out campaigns of
human rights education, land reform, higher production, health and
sanitation, and others that are of social benefit to the people. They shall give
the utmost attention to land reform as the principal measure for attaining
democracy and social justice.

PART IV
RESPECT FOR INTERNATIONAL
HUMANITARIAN LAW

Article 1. In the exercise of their inherent rights, the Parties to the

armed conflict shall adhere to and be bound by the generally accepted
principles and standards of international humanitarian law.
Article 2. These principles and standards apply to the following
persons:
1. civilians or those taking no active part in the hostilities;
2. members of armed forces who have surrendered or laid
down their arms;
3. those placed hors de combat by sickness, wounds or any
other cause;
104 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

4. persons deprived of their liberty for reasons related to the

armed conflict; and,
5. relatives and duly authorized representatives of
abovenamed persons.
Article 3. The following acts are and shall remain prohibited at any
time and in any place whatsoever with respect to the persons enumerated in
the preceding Article 2:
1. violence to life and person, particularly killing or causing
injury, being subjected to physical or mental torture, mutilation,
corporal punishment, cruel or degrading treatment and all acts of
violence and reprisals, including hostage-taking, and acts against
the physical well-being, dignity, political convictions and other
human rights;
2. holding anyone responsible for an act that she/he has not
committed and punishing anyone without complying with all the
requisites of due process;
3. requiring persons deprived of their liberty for reasons
related to the armed conflict to disclose information other than their
identity;
4. desecration of the remains of those who have died in the
course of the armed conflict or while under detention, and breach of
duty to tender immediately such remains to their families or to give
them decent burial;
5. failure to report the identity, personal condition and
circumstances of a person deprived of his/her liberty for reasons
related to the armed conflict to the Parties to enable them to perform
their duties and responsibilities under this Agreement and under
international humanitarian law;
6. denial of the right of relatives and duly authorized
representatives of a person deprived of liberty for reasons related to
the armed conflict to inquire whether a person is in custody or under
detention, the reasons for the detention, under what circumstances
the person in custody is being detained, and to request directly or
through mutually acceptable intermediaries for his/her orderly and
expeditious release;
7. practices that cause or allow the forcible evacuations or
forcible reconcentration of civilians, unless the security of the
civilians involved or imperative military reasons so demand; the
 COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN
105RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

emergence and increase of internally displaced families and

communities, and the destruction of the lives and property of the
civilian population;
8. maintaining, supporting and tolerating paramilitary groups
such as armed religious fanatical groups, vigilante groups, private
armed groups of businessmen, landlords and politicians, and private
security agencies which are being used in land and labor disputes
and the incursions in Article 9, Part III of this Agreement; and,
9. allowing the participation of civilian or civilian officials in
military field operations and campaigns.
Article 4. The principles and standards of international humanitarian
law shall likewise apply and protect the rights of persons, entities or objects
involved or affected in any of the cases or situations cited hereunder.
1. Persons hors de combat and those who do not take a direct
part in hostilities are entitled to respect for their lives, dignity,
human rights, political convictions and their moral and physical
integrity and shall be protected in all circumstances and treated
humanely without any adverse distinction founded on race, color,
faith, sex, birth, social standing or any other similar criteria.
2. The wounded and the sick shall be collected and cared for
by the party to the armed conflict which has them in its custody or
responsibility.
3. Neutral persons or entities and medical personnel,
including persons of humanitarian and/or medical organizations like
the International Committee of the Red Cross (ICRC), shall be
protected and respected. The establishments, facilities, transport and
equipments of these persons, entities and organizations; objects
bearing the emblem of the red cross and the flag of peaceful
intention; and historic monuments, cultural objects and places of
worship shall likewise be protected.
4. Civilian population and civilians shall be treated as such
and shall be distinguished from combatants and, together with their
property, shall not be the object of attack. They shall likewise be
protected against indiscriminate aerial bombardment, strafing,
artillery fire, mortar fire, arson, bulldozing and other similar forms
of destroying lives and property, from the use of explosives as well
as the stockpiling near or in their midst, and the use of chemical and
biological weapons.
106 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

5. Civilians shall have the right to demand appropriate

disciplinary actions against abuses arising from the failure of the
Parties to the armed conflict to observe the principles and standards
of international humanitarian law.
6. All persons deprived of their liberty for reasons related to
the armed conflict shall be treated humanely, provided with
adequate food and drinking water, and be afforded safeguards as
regards to health and hygiene, and be confined in a secure place.
Sufficient information shall be made available concerning persons
who have been deprived of their liberty. On humanitarian or other
reasonable grounds, such persons deprived of liberty shall be
considered for safe release.
7. The ICRC and other humanitarian and/or medical entities
shall be granted facilitation and assistance to enable them to care for
the sick and the wounded and to undertake their humanitarian
missions and activities.
8. Personnel and facilities of schools, the medical profession,
religious institutions and places of worship, voluntary evacuation
centers, programs and projects of relief and development shall not
be the target of any attack. The persons of said entities shall be
guaranteed their safety.
9. Every possible measure shall be taken, without delay, to
search for and collect the wounded, sick and missing persons and to
protect them from any harm and ill treatment, to ensure their
adequate care and to search for the dead, prevent despoliation and
mutilation and to dispose of them with respect.
Article 5. The Parties decry all violations of the principles of
international humanitarian law. They encourage all victims of such violations
or their surviving families to come forward with their complaints and
evidence.
Article 6. The persons liable for violations of the principles of
international humanitarian law shall be subject to investigation and, if
evidence warrants, to prosecution and trial. The victims or their survivors
shall be indemnified. All necessary measures shall be undertaken to remove
the conditions for such violations and to render justice to and indemnify the
victims.
Article 7. The GRP shall review and undertake to change policies,
laws, programs, projects, campaigns and practices that cause or allow the
forcible evacuation and reconcentration of civilians, the emergence and
 COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN
107RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

increase of internally displaced families and communities and the destruction

of the lives and property of the civilian population.
Article 8. The GRP shall continue to review its policy or practice of
creating, maintaining, supporting, or allowing paramilitary forces like the
Civilian Armed Forces Geographical Units (CAFGUs) and Civilian
VolunteersÕ Organizations (CVOs) or any other similar groups.
Article 9. Internally displaced families and communities shall have the
right to return to their places of abode and livelihood, to demand all possible
assistance necessary to restore them to their normal lives and to be
indemnified for damages suffered due to injuries and loss of lives.
Article 10. The Parties shall provide special attention to women and
children to ensure their physical and moral integrity. Children shall not be
allowed to take part in hostilities.
Article 11. Medical, religious and other humanitarian organizations
and their personnel shall not carry out other tasks inimical to any of the
Parties. Neither shall they be compelled to carry out tasks which are not
compatible with their humanitarian tasks. Under no circumstances shall any
person be punished for having carried out medical activities compatible with
the principles of medical ethics, regardless of whoever is benefiting from
such medical activities.
Article 12. Civilian population shall have the right to be protected
against the risks and dangers posed by the presence of military camps in
urban centers and other populated areas.
Article 13. The Parties recognize the right of the people to demand the
reduction of military expenditures and the rechanneling of savings from such
reduction towards social, economic, and cultural development which shall be
given the highest priority.
Article 14. The Parties shall promote and carry out campaigns of
education on international humanitarian law, especially among the people
involved in the armed conflict and in areas affected by such conflict.

PART V
JOINT MONITORING COMMITTEE

Article 1. The Parties shall form a Joint Monitoring Committee that

shall monitor the implementation of this Agreement.
Article 2. The Committee shall be composed of three members to be
chosen by the GRP Panel and three members to be chosen by the NDFP
108 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Panel. Each Party shall nominate two representatives of human rights

organizations to sit in the committee as observers and to do so at the pleasure
of the nominating Party. The Committee shall have co-chairpersons who
shall serve as chief representatives of the Parties and shall act as moderators
of meetings.
Article 3. The co-chairpersons shall receive complaints of violations of
human rights and international humanitarian law and all pertinent
information and shall initiate requests or recommendations for the
implementation of this Agreement. Upon its approval by consensus, the
Committee shall request the investigation of a complaint by the Party
concerned and make recommendations. By consensus, it shall make reports
and recommendations on its work to the Parties.
Meetings of the Committee shall be every three months and as often as
deemed necessary by the co-chairpersons due to an urgent issue or
complaint. The meetings shall be held in the Philippines or in any other
venue agreed upon by the Parties.
Article 4. Members of the Committee and the observers shall be
entitled to the safety and immunity guarantees stipulated by the Joint
Agreement on Safety and Immunity Guarantees.
Article 5. The Committee shall create a joint secretariat that shall
provide staff support. Each Party shall nominate an equal number of
members in the joint secretariat who shall serve at the pleasure of the
nominating Party.
Article 6. The Committee shall be organized upon the effectivity of
this Agreement and shall continue to exist until dissolved by either Party by
sending to the other Party a written notice of dissolution which shall take
effect thirty days after official receipt. Dissolution of the Committee shall not
mean the abandonment of rights and duties by any Party under this
Agreement and under the principles and standards of human rights and
international humanitarian law.

PART VI
FINAL PROVISIONS

Article 1. The Parties shall continue to assume separate duties and

responsibilities for upholding, protecting and promoting human rights and
the principles of international humanitarian law in accordance with their
respective political principles, organizations and circumstances until they
shall have reached final resolution of the armed conflict.
 COMPREHENSIVE AGREEMENT ON RESPECT FOR HUMAN
109RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

Article 2. The Parties recognize the applicability of the principles of

human rights and principles of international humanitarian law and the
continuing force of obligations arising from these principles.
Article 3. Nothing in the provisions of this Agreement nor in its
application shall affect the political and legal status of the Parties in
accordance with the Hague Joint Declaration. Subsequently, this Agreement
shall be subject to the Comprehensive Agreements on
Political and Constitutional Reforms and on End of Hostilities and
Disposition of Forces. Any reference to the treaties signed by the GRP and to
its laws and legal processes in this Agreement shall not in any manner
prejudice the political and organizational integrity of the NDFP.
Article 4. The Parties may from time to time review the provisions of
this Agreement to determine the need to adopt a supplemental agreement or
to modify the provisions hereof as circumstances require.
Article 5. This Agreement shall be signed by the Negotiating Panels
and shall take effect upon approval by their respective Principals.
IN WITNESS, we sign this Agreement this 16th day of March 1998 in
The Hague, The Netherlands.

REFERENCES

Barua-Yap (2011). Engendering Development: An Overview of the

Philippine Experience. In R.V. Sarmiento, Grow In Grace And Govern
In Wisdom (pp. 277-294). Quezon City: Rex Printing Company, Inc.
Bassiouni, M.C. (1996). Searching for Justice and Achieving Justice: The
Raise for Accountability. In Bassiouni, M.C. and Morris, M.H. (Eds.),
Law and Contemporary Problems (pp. 9-28) Durham, North Carolina:
Duke University School of Law.
Britannica Concise Encyclopedia. Baron de Montesquieu. Retrieved
September 13, 2013 from [Link] charles-de-
secondat-baron-de-montesquieu.
Coalition for the International Criminal Court: Compilation of Core
Documents of the International Criminal Court (2003). Quezon City.
Colmenares, N. Primer On The International Criminal Court. Quezon City.
Declaration on the Right of Peoples to Peace, November 12, 1984.
Declaration on the Right to Development, December 4, 1986.
110 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE

Dignity for All: Building a Culture of Human Rights. Retrieved September

20, 2013, from [Link] [Link].
Diokno, J.W. (1981). Justice Under Siege: Five Talks.
Dosick, W. (1995). Golden Rules, The Ten Ethical Values Parents Need To
Teach Their Children. New York: Harper Collins Publishers.
Drzewicki, K. (1999): Internationalization of Human Rights and Their
Juridization. In Hanski, R. and Suksi, M. (Eds.), An Introduction to the
International Protection of Human Rights (pp. 25-47). Turku/Abo: Abo
Akademi Tryckeri.

114
 111
REFERENCES

Flinterman, C. (1999). Extra-Conventional Standard-Setting And

Implementation in the Field Of Human Rights. In Hanski, R. and
Suksi, M. (Eds.), An Introduction to the International Protection of
Human Rights (pp. 143-150). Turku/Abo: Abo Akademi Tryckeri.
Freeman, M. (2002). Human Rights. Cambridge: Polity Press.
Guia-Padilla, T. (2011). Philippines. In International Work Group for
Indigenous Affairs (IWGIA). The Indigenous World (pp. 262270).
Retrieved September 20, 2013 from [Link]
regions/asia/philippines/890-update-2011-philippines.
Monk, L. (2003). The Words We Live By (Your Annotated Guide To The
Constitution). New York: The Stonesong Press.
Morsink, J. (1999). The Universal Declaration of Human Rights: Origins,
Drafting and Intent. Philadelphia, PA: University of Pennsylvania
Press.
Muyot, A. (1999). Philippine Law and Jurisprudence on Human Rights.
Quezon City: UP Law Center Printery.
National Human Rights Commission of India. Retrieved September 26, 2013
from [Link]
commission-of-india.
Nowak, M. (1999). The International Covenant On Civil And Political
Rights. In Hanski, R. and Suksi, M. (Eds.), An Introduction to the
International Protection of Human Rights (pp. 79-100). Turku/Abo:
Abo Akademi Tryckeri.
Panganiban, A.V. (2011). Civil SocietyÕ s Role In Promoting Democracy
And Development. In Sarmiento, R.V., Grow In Grace And Govern In
Wisdom, Readings in Legal Philosophy (pp. 136-146). Quezon City:
Rex Printing Company, Inc.
Pegram, T. (2013). What is a National Human Rights Institution.
Retrieved September 23, 2013 from http:[Link].
com/national-human-rights-institutions.
Persons with Disabilities. Retrieved September 20, 2013 from http://
[Link]/humanrts.
Piechowiak, M. (1999). What are Human Rights? The Concept of Human
Rights And Their Extra-Legal Justification. In Hanski, R. and Suksi,
M. (Eds.), An Introduction to the International Protection of Human
Rights (pp. 3-14). Turku/Abo: Abo Akademi Tryckeri.
112 HUMAN RIGHTS LAW, HUMAN RIGHTS CULTURE
Record of the Constitutional Commission (1986) (Vol. I).
Sarmiento, R.V. (2011). Grow in Grace And Govern In Wisdom (Readings
in Legal Philosophy). Quezon City: Rex Printing Company, Inc.
Shah, Anup. Rights of Indigenous People. Retrieved September 20, 2013
from [Link]
people.
Standard Encyclopedia of Philosophy (2012). John Locke. Retrieved
September 23, 2013 from [Link] entries/locke.
Stanford Encyclopedia of Philosophy (2011). Jean Jacques Rousseau.
Retrieved September 13, 2013 from [Link]
edu/entries/rousseau.
Steiner, H. and Alston, P. (2000). International Human Rights In Context.
Law, Politics Morals. Oxford: Oxford University Press.
The Holy Bible.
The Human Rights of Women: Advancing Human Rights: UNFPA.
Retrieved September 19, 2013 from [Link]
[Link].
The Koran.
The Right to Development at A Glance. Retrieved September 20, 2013 from
[Link]
Three Generations of Human Rights. Retrieved September 21, 2013 from
[Link]
Tiruchelvam, N. and Coomaraswamy, R. (1987). The Role of the Judiciary
in Plural Societies. London: Frances Pinter Publishers.
Uganda Human Rights Commission. Retrieved September 26, 2013 from
[Link]
UNICEF Ð Convention on the Rights of the Child. Retrieved September 19,
2013 from [Link]
REFERENCES

United Nations Human Rights (Office of the High Commissioner on Human

Rights). Paris Principles. Reviewed October 11, 2013 from
[Link]
Wahiu, W. (2012). A Practical Guide to Constitution Building: Building a
Culture of Human Rights. Retrieved September 23, 2013 from
[Link]