CRIMINAL LAW JURISPRUDENCE (CLJ 2)-HUMAN RIGHTS EDUCATION

MODULE 1

PRELIMINARY PERIOD

Chapter One
INTRODUCTION

“Rule of law not “Rule by man” the essence of democracy is vested on law which
emanates from the Constitution which is the fundamental law of the land. “No one is
above the law” and even the government having an authority to enforce the law is
bound to obey what is written on it. That even the very ordinary person is entitled to
enjoy his rights and this right is guaranteed by the Constitution and should by imposed
by the government. But if the transgressor itself is the government, the constitution
provides protection for every citizen to prevent abuses by the government, and this is
the beginning of the concept of HUMAN RIGHTS.

What is Human Rights?

Human Rights refer to the “basic rights and freedoms that all human beings
have.” Rights are inherent to all human beings, regardless of nationality, place of
residence, sex, national or ethnic origin, skin color, religion, language, or any other
status. We are all equally entitled to our human rights without discrimination. These
rights are all interrelated, interdependent, and indivisible.

According to the Universal Declaration of Human Rights (UDHR) “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.” At the international level, human rights are
often defined, expressed, or guaranteed by law in the form of treaties, conventions, customary
international law, general principles, and other legal instruments recognized by almost all
States, specifically the 192 sovereign countries that belong to the United Nations. International
human rights law also obliges Governments to act in certain ways or to refrain from certain acts
in order to promote and protect human rights and fundamental freedoms of individuals or
groups. These obligations are intended to prevent abuse of authority by agents of government.
As a signatory, the Republic of the Philippines is obligated to abide by the provisions of
various international human rights treaties, conventions, and protocols including the:

● Universal Declaration on Human Rights of 1948 by the United Nations General

Assembly (UDHR)
● International Covenant on Civil and Political Rights (ICCPR)
● Optional Protocol to the Covenant on Civil and Political Rights (CCPR)
● International Covenant on Economic, Social and Cultural Rights (ICESCR)
● U.N. Convention on the Condition of the Wounded and Sick in Armed Conflict
(the First Geneva Convention)
● Convention Against Homicide (CAH)
● Convention Against Torture (CAT)
● Convention on Elimination of Discrimination Against Women (CEDAW)
● Convention on the Rights of the Child (CRC)

Goals of Human Rights education

● To help people understand human rights, value human rights and take
responsibility for respecting, defending and promoting human rights.
● An important outcome of human rights education is empowerment, a process
through which people and communities increase their control of their own lives
and the decision that affect them.
● Human rights teach both about Human Rights and for human rights.
● It provides information about human rights.

❖ about inherent dignity of all people and their right to be treated with
respect.
❖ About the history and continuing development of human rights.
❖ About human rights principles, such as the universality, indivisibility, and
interdependence of human rights.
❖ About international law, like Universal Declaration of Human Rights or
the convention on the Rights of the Child.
❖ About the persons and agencies that are responsible for promoting
protecting of human rights

Human rights: Rights that come from being human. They ensure people can live
freely and that they are able to flourish, reach their potential, and participate in
society. They ensure that people are treated fairly and with dignity and respect. You
have human rights simply because you are human and they cannot be taken away.
Justice: The moral principle ensuring fairness in the way people are treated.
Law: A system of rules that a particular country or community recognizes as
regulating the actions of its members, and which it may enforce by an imposition of
penalties and sanctions.
Respect: Taking into account the views and desires of others in how you treat people.
Right: A right is a moral or legal entitlement to have or do something.
Rights and responsibilities: Entitlements and obligations that are associated with
living in any country with a democratic justice system. Rights and responsibilities are
a cornerstone of modern democracies. While all people in Australia enjoy certain
rights (for example, freedom of speech), there are also responsibilities (for example,
paying taxes, jury service). Citizens also have the right to vote and the responsibility
of voting at elections.
United Nations: An international organization that was founded in 1945 by the
governments of the world with the aim of promoting global peace and security, and
human rights.
Universal Declaration of Human Rights: The key United Nations document
establishing the standards of basic human rights for everyone. The Universal
Declaration of Human Rights was adopted by the United Nations General Assembly
on December 10, 1948.
Values: Values are principles, ideals, standards, or world views which act as general
guidelines for behavior. They can also be points of reference in making decisions
when evaluating beliefs or actions. Values are closely connected to personal integrity
and personal identity.

Universal Declaration of Human Rights

Article 1 – We are all born free and equal
Everyone is born free and equal in dignity and with rights. We should all be treated
in the same way.
Article 2 – Human rights belong to everyone
Human rights belong to everyone, whatever our differences. You should never be
discriminated against for any reason, including your race, skin color, sex, language,
religion, political opinion, nationality or social status.
Article 3 - Everyone has the right to life, liberty and security.
You have the right to live, and to live in freedom and safety.
Article 4 – No-one shall be held in slavery
Nobody has the right to force you into slavery and you should not make anyone else
your slave.
Article 5 – No-one has the right to torture you
Nobody has the right to torture you or to punish you in a cruel or unfair way.
Article 6 – Everyone has the right to be treated as a person in the eyes of the law You
should be legally protected in the same way everywhere.
Article 7 – Everyone is equal before the law
You have the right to be treated by the law in the same way as everyone else.
Everyone has a right to protection against violations of their human rights.
Article 8 – Everyone has the right to be protected by the law
If you are not treated fairly according to the laws of your country, you have a right to
ask for legal help.
Article 9 – No‐one shall be arrested, detained or exiled without a good reason.
Nobody has the right to put you in prison, to keep you there, or to send you away
from your country unjustly, or without a good reason.
Article 10 – Everyone has the right to a fair and public trial
If you are accused of breaking the law, you have the right to a public trial. The people
who try you should not be influenced by others.
Article 11 – Everyone is innocent until proven guilty
You should be considered innocent of committing a crime until it can be proven that
you are guilty, in a fair trial. No-one should be charged with a crime for doing
something that wasn’t a crime at the time that they did it.
Article 12 – Everyone has a right to privacy
You have the right to ask for protection if someone tries to harm your good name,
enter your house, open your letters, or bother you or your family without a good
reason.
Article 13 – Everyone has the right to freedom of movement
You have the right to come and go as you wish within your country. You have the
right to leave your country to go to another one; and you should be able to return to
your country if you want.
Article 14 – Everyone has the right to seek asylum from persecution
If you are being harmed, or believe you are in danger of being harmed, in your own
country, you have the right to go to another country and ask for protection.
Article 15 – Everyone has the right to a nationality
You have the right to belong to a country and nobody can prevent you, without a
good reason, from belonging to another country if you wish.
Article 16 – Everyone has the right to marry and raise a family
Every grown-up has the right to marry and have a family if they want to. Men and
women have the same rights when they are married, and also when they are
separated.
Article 17 – Everyone has the right to own property
You have the right to own things and nobody has the right to take these from you
without a good reason.
Article 18 – Everyone has the right to freedom of thought, conscience and religion
You have the right to have your own religion or belief. This includes the right to
change your religion or belief if you want, to practice your religion either on your own
or with other people and to peacefully express your beliefs in teaching, practice and
worship.
Article 19 – Everyone has the right to freedom of opinion and expression
You have the right to have your own ideas and opinions and to express them to
others.
You have the right to seek, receive and share information and ideas with people from
any other country.
Article 20 – Everyone has the right to freedom of assembly and association
You have the right to organize peaceful meetings or to take part in meetings in a
peaceful way. No-one can make you join a group if you don’t want to.
Article 21 – Everyone has the right to take part in the government of their country
You have the right to take part in your country’s political affairs either by belonging to
the government yourself or by choosing politicians to represent you. Governments
should be voted for regularly, through free and fair voting procedures. Everyone
should have a vote and all votes should be counted equally.
Article 22 - Everyone, as a member of society, has a right to social security
You have the right to affordable housing, medicine, education, and childcare, enough
money to live on and medical help if you are ill or old. The society in which you live
 should help you to develop and to make the most of all the advantages that are
offered to you.
Article 23 – Everyone has the right to work and to fair working conditions
You have the right to work. This includes the right to good working conditions, to fair
pay and to join a trade union.
Article 24 – Everyone has the right to rest and leisure
You have the right to rest and relaxation time, including regular holidays with pay.
Article 25 – Everyone has the right to a decent standard of living
You have the right to the things you need to live a healthy and prosperous life. This
includes food, clothing, housing and medical care and social services.
Those with particular needs such as mothers and children, older people and people
with disability, have the right to extra care and assistance.
Article 26 – Everyone has the right to education.
You have the right to go to school and primary school education should be free. You
should be able to learn a profession or continue your studies to whatever level you
wish.
Article 27 – Everyone has the right freely to participate in the cultural life of the
community
You have the right to share in your community’s arts and sciences, and in any good
they do. Your works as an artist, a writer or a scientist should be protected, and you
should be able to benefit from them.
Article 28 – Everyone has the right to live in a free and fair world
You have the right to live in the kind of world where your rights and freedoms are
respected.
Article 29 – Everyone has a responsibility to respect and protect human rights
We all have a responsibility to respect and protect the rights of others.

Article 30 – Everyone has human rights and they cannot be taken away No person
or group should try to take your human rights and freedoms away.

TYPES AND CLASSIFICATION OF HUMAN RIGHTS

MIRANDA RIGHTS
Formal warning given by the law enforcers to suspect informing them of their legal rights during
an interrogation in a police custody. Miranda Rights provide the following rights to an
individual:
● The right to remain silent during interrogation
● The Knowledge that whatever an individual says during the interrogation could be used
an evidence to incriminate him.
CLASSIFICATION OF HUMAN RIGHTS
❖ The covenant on Civil and Political Rights
● Protection of Life
● Freedom from torture
● Freedom from slavery
● Freedom from arbitrary
 ● Humane treatment
❖ The Covenant on Economic, social, and cultural right
● Protect the additional right, many of which have yet to be realized in the poorer
countries
● Right to work
● To just wage and safe working condition
● To social security and social insurance
● Decent standard of living and freedom from hunger
● To have universal basic education
● To an enjoyment of the cultural life and scientific progress of the country.
● Without civil and political right, the public cannot assert their economic, social
and cultural right.
● Similarly, without livelihood and a working society, the public cannot assert or
make use of civil and political.
Some example of human right
❖ Right to life
❖ Right to liberty and freedom
❖ Right to the pursuit of happiness
❖ Right to control with happens to your own body and to make medical decision for
yourself.
HUMAN RIGHT EDUCATION, USES IN 21st CENTURY
❖ As strategy for development
❖ As empowerment
❖ As a way of change for women’s right
❖ As a legal prospective and for law enforcement
❖ As education for social transformation and human sensibility
SCHOOL MUST BE
❖ Maintain the values, human right included must be learned through experience.
❖ ARISTOTLE: For the things we have learned, before we can do them we learn by doing
them.
SCHOOL, must respect human right in school by allowing student the great freedom:
❖ Freedom of choice
❖ Freedom of action
❖ Freedom to bear the results of action- that constitute personal responsibility.

What human rights do we have?’

United Nation

Though human rights embedded in every human being, it is important to

strengthen it through enforcement. Basically, every country has its own sovereignty and
one can country cannot interfere one another. However, several countries created a
mechanism to ensure that there is an avenue for discussion for the purpose of world
peace. This is how the United Nation started.
In 1945, representatives of 50
countries met in San Francisco at the United
Nations Conference on International
Organization to draw up the United Nations
Charter. Those delegates deliberated on the
basis of proposals worked out by the
representatives of China, the Soviet Union,
the United Kingdom and the United States
at Dumbarton Oaks, United States in
August-October 1944 (UN, 2018).
International Court of Justice
The International Court of Justice (ICJ)
is the principal judicial organ of the
United Nations (UN). It was established
in June 1945 by the Charter of the
United Nations and began work in
April 1946. The Court’s role is to settle,
in accordance with international law,
legal disputes submitted to it by States
and to give advisory opinions on legal
questions referred to it by authorized United Nations organs and specialized agencies
The International Criminal Court (ICC or ICCt) 
is an intergovernmental organization and international tribunal that sits in The
Hague, Netherlands. The ICC has jurisdiction to prosecute individuals for the international
crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. It is
intended to complement existing national judicial systems and it may therefore exercise its
jurisdiction only when certain conditions are met, such as when national courts are unwilling or
unable to prosecute criminals or when the United Nations Security Council or
individual states refer situations to the Court.

PRELIMINARY PERIOD
Chapter 2
INTERNATIONAL INSTRUMENT OF HUMAN RIGHTS

International Humanitarian Law

International Humanitarian Law (IHL) is a set of rules that seek to limit the effects of armed
conflict for humanitarian reasons. It also restricts the methods and means of warfare. In essence,
IHL aims to protect non-combatants or persons who are not or no longer involved in armed
hostilities. IHL only applies to armed conflicts and not to internal disturbances such as riots,
demonstrations, protest rallies, and sporadic or isolated incidents of violence that occur inside the
territory of a State.

Where did IHL come from?

The Geneva Conventions and The Hague Conventions are the bases of International
Humanitarian Law. The Geneva Conventions are international standards on humanitarian
treatment of victims of war. The said conventions are composed of four (4)
treaties, namely:
 1. First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick
in Armed Forces in the Field (ratified in 1864)

2. Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea (ratified in 1906)

3. Third Geneva Convention relative to the Treatment of Prisoners of War (ratified in

1929)

4. Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War
(ratified in 1949)

The Geneva Conventions also include modifications or amendment protocols which include:

● Protocol I (1977) relating to the Protection of Victims of International Armed Conflicts

● Protocol II (1977) relating to the Protection of Victims of Non-International Armed
Conflicts
● Protocol III (2005) relating to the Adoption of an Additional Distinctive Emblem

Other treaties that are related or considered in the observance of IHL include the conventions
that prohibit the use of landmines, chemical weapons, blinding laser weapons, among others.

Three Principles of IHL

1. Principle of Distinction
The Principle of Distinction means that states must not use means and methods of
warfare that do not distinguish or make a distinction between combatants and non-combatants.

2. Principle of Proportionality
The Principle of Proportionality means that a clear military target must not be attacked if
the risk to civilians and to civilian/non-military property is larger than the expected
Military advantage or result.

3. Principle of Precaution
The Principle of Precaution, as part of the principle of distinction, means that parties in
conflict must take all precautions to distinguish between combatants and noncombatants, as well
as legitimate military targets and civilian properties or structures that must not be attacked.

Basic Rules of IHL

According to the International Committee of the Red Cross (ICRC), the basic rules of
International Humanitarian Law are as follows:

1. Persons hors de combat (outside of combat) and those not taking part in hostilities
shall be protected and treated humanely.

2. It is forbidden to kill or injure an enemy who surrenders or who is hors de

combat.

3. The wounded and sick shall be cared for and protected by the party to the conflict
which has them in its power. The emblem of the Red Cross, Red Crescent, and
Red Crystal shall be recognized and respected as signs of humanitarian protection.
 4. Captured combatants and civilians must be protected against acts of violence and
reprisals. They shall have the right to correspond with their families and to receive
relief.

5. No one shall be subjected to torture, corporal punishment or cruel or degrading

treatment.

6. Parties to a conflict and members of their armed forces do not have an unlimited
choice of methods and means of warfare.

7. Parties to a conflict shall at all times distinguish between the civilian population
and combatants. Attacks shall be directed solely against military objectives.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

The International Covenant on Civil and Political Rights (ICCPR) is a
multilateral treaty adopted by United Nations General Assembly Resolution 2200A
(XXI) on 16 December 1966, and in force from 23 March 1976 in accordance with Article
49 of the covenant. Article 49 allowed that the covenant would enter into force three
months after the date of the deposit of the thirty-fifth instrument of ratification or
accession. The covenant commits its parties to respect the civil and political rights of
individuals, including the right to life, freedom of religion, freedom of speech, freedom
of assembly, electoral rights and rights to due process and a fair trial.[3] As of
September 2019, the Covenant has 173 parties and six more signatories without
ratification.[1] Notable holdouts are People's Republic of China and Cuba. North
Korea tried to withdraw.
The ICCPR is part of the International Bill of Human Rights, along with
the International Covenant on Economic, Social and Cultural Rights (ICESCR) and
the Universal Declaration of Human Rights (UDHR).[4]
The ICCPR is monitored by the United Nations Human Rights Committee (a
separate body to the United Nations Human Rights Council), which reviews regular
reports of States parties on how the rights are being implemented. States must report
initially one year after acceding to the Covenant and then whenever the Committee
requests (usually every four years). The Committee normally meets in Geneva and
normally holds three sessions per year.

Articles of the Covenant

The Covenant follows the structure of the UDHR and ICESCR, with a preamble and
fifty-three articles, divided into six parts.[10]
Part 1 (Article 1)
●
recognizes the right of all peoples to self-determination, including the right to
"freely determine their political status",
● pursue their economic, social and cultural goals, and manage and dispose of
their own resources. It recognizes a negative right of a people not to be deprived
of its means of subsistence,
● and imposes an obligation on those parties still responsible for
non-self-governing and trust territories (colonies) to encourage and respect their
self-determination.
Part 2 (Articles 2 – 5) o
 ● bliges parties to legislate where necessary to give effect to the rights recognized
in the Covenant, and to provide an effective legal remedy for any violation of
those rights.
● It also requires the rights be recognised "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,"[15] and to ensure that they are enjoyed
equally by women.
● The rights can only be limited "in time of public emergency which threatens the
life of the nation,"
● and even then no derogation is permitted from the rights to life, freedom
from torture and slavery, the freedom from retrospective law, the right
to personhood, and freedom of thought, conscience, religion and freedom from
medical or scientific treatment without consent.
Part 3 (Articles 6 – 27) lists the rights themselves. These include rights to:

● physical integrity, in the form of the right to life and freedom from torture and
slavery (Articles 6, 7, and 8);
● liberty and security of the person, in the form of freedom from arbitrary arrest and
detention and the right to habeas corpus (Articles 9 – 11);
● procedural fairness in law, in the form of rights to due process, a fair and impartial
trial, the presumption of innocence, and recognition as a person before the law
(Articles 14, 15, and 16);
● individual liberty, in the form of the freedoms of movement, thought, conscience
and religion, speech, association and assembly, family rights, the right to a
nationality, and the right to privacy (Articles 12, 13, 17 – 24);
● prohibition of any propaganda for war as well as any advocacy of national or
religious hatred that constitutes incitement to discrimination, hostility or violence by
law (Article 20);
● political participation, including the right to the right to vote (Article 25);
● Non-discrimination, minority rights and equality before the law (Articles 26 and 27).
Many of these rights include specific actions which must be undertaken to realize them.

Rights to physical integrity

Article 6 of the Covenant recognises the individual's "inherent right to life" and requires
it to be protected by law.
● It is a "supreme right" from which no derogation can be permitted, and must be
interpreted widely.
● It therefore requires parties to take positive measures to reduce infant
mortality and increase life expectancy, as well as forbidding arbitrary killings by
security forces.
While Article 6 does not prohibit the death penalty, it restricts its application to the
"most serious crimes"
● and forbids it to be used on children and pregnant women[23] or in a manner
contrary to the Convention on the Prevention and Punishment of the Crime of
Genocide.
● The UN Human Rights Committee interprets the Article as "strongly
suggest[ing] that abolition is desirable",
 ●  and regards any progress towards abolition of the death penalty as advancing
this right.
● The Second Optional Protocol commits its signatories to the abolition of the
death penalty within their borders.
Article 7 prohibits torture, cruel, inhuman or degrading punishment and
non-consensual medical or scientific treatment.
● As with Article 6, it cannot be derogated from under any circumstances.
●  The article is now interpreted to impose similar obligations to those required by
the United Nations Convention Against Torture, including not just prohibition of
torture, but active measures to prevent its use and a prohibition on refoulement.
● In response to Nazi human experimentation during WW2 this article explicitly
includes a prohibition on medical and scientific experimentation without
consent.
Article 8 prohibits slavery and enforced servitude in all situations.
● The article also prohibits forced labour, with exceptions for criminal punishment,
military service and civil obligations.
Liberty and security of person
Article 9 
●
recognises the rights to liberty and security of the person. It prohibits arbitrary
arrest and detention, requires any deprivation of liberty to be according to law,
●
and obliges parties to allow those deprived of their liberty to challenge their
imprisonment through the courts.
● These provisions apply not just to those imprisoned as part of the criminal
process, but also to those detained due to mental illness, drug addiction, or for
educational or immigration purposes
Articles 9.3 and 9.4 
● impose procedural safeguards around arrest, requiring anyone arrested to be
promptly informed of the charges against them, and to be brought promptly
before a judge.
● It also restricts the use of pre-trial detention,
●  requiring that it not be 'the general rule'.
Article 10 
● requires anyone deprived of liberty to be treated with dignity and humanity.
● This applies not just to prisoners, but also to those detained for immigration
purposes or psychiatric care.
●  The right complements the Article 7 prohibition on torture and cruel, inhuman
or degrading treatment.
● The article also imposes specific obligations around criminal justice, requiring
prisoners in pretrial detention to be separated from convicted prisoners, and
children to be separated from adults.
● It requires prisons to be focused on reform and rehabilitation rather than
punishment.
Article 11 
● prohibits the use of imprisonment as a punishment for breach of contract.
Procedural fairness and rights of the accused

Article 14
● recognizes and protects a right to justice and a fair trial. Article 14.1 establishes
the ground rules: everyone must be equal before the courts, and any hearing
must take place in open court before a competent, independent and impartial
tribunal, with any judgment or ruling made public.
●  Closed hearings are only permitted for reasons of privacy, justice, or national
security, and judgments may only be suppressed in divorce cases or to protect
the interests of children.
● These obligations apply to both criminal and civil hearings, and to all courts and
tribunals.
Article 14.3 
● mandates that litigants must be informed promptly and in detail in a language
which they understand.
●
The rest of the article imposes specific and detailed obligations around the
process of criminal trials in order to protect the rights of the accused and
the right to a fair trial.
●
It establishes the Presumption of innocence and forbids jeopardy.
●
It requires that those convicted of a crime be allowed to appeal to a higher
tribunal, and requires victims of a Miscarriage of justice to be compensated.
● [
t establishes rights to a speedy trial, to counsel, against self-incrimination, and
for the accused to be present and call and examine witnesses.
Article 15
● prohibits prosecutions under Ex post facto law and the imposition
of retrospective criminal penalties, and requires the imposition of the lesser
penalty where criminal sentences have changed between the offence and
conviction.
● But except the criminal according to general principles of law recognized by
international community (jus cogens)
Article 16 requires states to recognize everyone as a person before the law.[49]

Individual liberties
Article 12 
● guarantees freedom of movement, including the right of persons to choose their
residence, to leave and return to a country.
● These rights apply to legal aliens as well as citizens of a state,
●  and can be restricted only where necessary to protect national security, public
order or health, and the rights and freedoms of others.
● The article also recognizes a right of people to enter their own country: the right
of return.
●  The Human Rights Committee interprets this right broadly as applying not just
to citizens, but also to those stripped of or denied their nationality.
 ]
●  They also regard it as near-absolute; "there are few, if any, circumstances in
which deprivation of the right to enter one's own country could be reasonable".
Article 13 
● forbids the arbitrary expulsion of resident aliens and requires such decisions to
be able to be appealed and reviewed.
Article 17 
● mandates the right of privacy.
● This provision, specifically article 17(1), protects private adult consensual sexual
activity, thereby nullifying prohibitions on homosexual behaviour,
● however, the wording of this covenant's marriage right (Article 23) excludes the
extrapolation of a same-sex marriage right from this provision.
● Article 17 also protects people against unlawful attacks to their honor and
reputation. Article 17 (2) grants the protection of the law against such attacks.
Article 18 mandates freedom of religion or belief.
Article 19 mandates freedom of expression.
Article 20 mandates sanctions against inciting war and hatred.
Article 21 mandates freedom of assembly and 22 mandates freedom of association.
These provisions guarantee the right to freedom of association, the right to trade unions
and also defines the International Labour Organization.
Article 23 mandates the right of marriage.[63] The wording of this provision neither
requires nor prohibits same-sex marriage.
Article 24 mandates special protection, the right to a name, and the right to a nationality
for every child.
Article 27 mandates the rights of ethnic, religious and linguistic minority to enjoy their
own culture, to profess their own religion, and to use their own language.[66]
Political rights
Article 3 provides an accessory non-discrimination principle. Accessory in the way that
it cannot be used independently and can only be relied upon in relation to another right
protected by the ICCPR.
In contrast, Article 26 contains a revolutionary norm by providing an autonomous
equality principle which is not dependent upon another right under the convention
being infringed. This has the effect of widening the scope of the non-discrimination
principle beyond the scope of ICCPR.

PRELIM MODULE 1
Prepared by:
Mrs. Kim Rosary S. Gerodiaz RCRIM.
Instructor