Republic of the Philippines

ISABELA STATE UNIVERSITY

Jones, Isabela

UNIT 1
MODULE 1
Subject: HUMAN RIGHTS EDUCATION
Instructor: Mr. John Bel K. Galumba
Module 1:
Fundamental concepts and principles of Human Rights
Introduction: In this module, we will be covering the fundamental concepts and
principle of human rights that includes its definition, history and philosophies.
Objectives: At the end of the lecture, students are expected to rationalized and apply
the concept of human rights to their fields of interest such as law enforcement and other
careers related to criminology profession.

Discussion Proper
Defining Human Rights
Human rights are known as moral principles or norms for certain standards of human
behavior and are protected by laws. They are considered as inalienable rights to which
a person is inherently entitled as to reason that he is a human being. Human rights are
inherent rights and shall not discriminate anyone regardless of their age, ethnic origin,
location, language, religion, or any other status.
Rights – refers to a power, privilege, demand, or claim possessed by a particular
person by virtue of law.
Types of rights
Statutory rights – these are sets of rights given by laws.
Constitutional rights (Bill of rights) - Constitutional rights refer to the rights
granted to citizens by the Constitution.
Human rights – These are the inalienable rights to which a person is inherently
entitled as to reason that he is a human being.

Basic Characteristics of Human Rights:

 1. Inherent – not granted by any person or authority.
2. Fundamental – without them, the life and dignity of man will be meaningless.
3. Inalienable – cannot be rightfully taken away from a free individual. Cannot be
given away from a free individual. Cannot be given away or forfeited.
4. Imprescriptible - cannot be lost even if man fails to use or assert them, even
by a long passage of time.
5. Indivisible – not capable of being divided. Cannot be denied even when other
rights have already been enjoyed.
6. Universal – it applies irrespective of one’s origin, status, or condition or place
where one lives. Rights can be enforced without national border.
7. Interdependent – the fulfillment or exercise of one cannot be had without the
realization of the other.

Human rights principles:

The dignity of man and human life is inviolable. From the dignity of man is
derived the right of every person to free development of his personality. A
legitimate state should exist to assure that in the discharge of the governmental
functions, the dignity that is the bright right of every human being is duly
safeguarded.
History of Human Rights
Human rights are not inherently recognized during the early days, due to the barbaric
nature of human beings and the desire to control such traits they developed the concept
of human rights. The early possible recognition of these rights can be attributed to the
Natural Rights which appeared during the European Enlightenment. From this, the
concept of modern human rights debates emerges latter in the middle of 20 th century.
Fundamental Rights (17th Century)
English Philosopher John Locke discussed that natural
rights (Fundamental Rights) are rights that cannot be
surrendered in the social contract, among those rights are the
following;
a) Right to Life,
b) Right to Liberty, and
c) Right to Property.
Civil Rights
To further protect the fundamental rights of every subject, the concept of civil rights was
developed. Civil rights are class of rights that protects individual’s freedom from
infringement by government, social organization, and private individuals. It ensures that
peoples’ physical and mental integrity, life and safety as well as the protection from
discrimination on grounds of social groups such as sex, race, sexual orientation,
nationality, color, age, political affiliation, ethnicity, social class, religion, disability and
other individual rights such as rights to privacy, freedom of thought and speech, press
assembly and movement.
Types of Civil Rights
 Freedom of speech
 Freedom of the press
 Freedom of religion
 Freedom to vote
 Freedom against unwarranted searches of your home or property
 Freedom to have a fair court trial
 Freedom to remain silent in a police interrogation
 Political Rights
Political rights - It refer to an individual's ability to participate in the civil and political
life of the society and state without fear of discrimination or repression, and is tied
closely to citizenship status.
Meanwhile, Political rights includes natural justice in law, such as the rights of the
accused, including the right to fair trial, due process, the right to seek redress or legal
remedy, rights of participation in civil society and politics such as the freedom of
association, the right to assemble, right to petition, right of self-defense and lastly the
right to vote.
Labor Rights
Labor rights covers a large array of rights listed on human rights, they include the right
to decent work and freedom of association to equal opportunity and protection against
discrimination. Workers’ rights are laid out in number of human rights conventions and
treaties including the Universal Declaration on Human Rights which provide for the
following rights;
 Right to be employed
 Right to have a favorable work conditions specially in their remuneration
 Right to safe and healthy working conditions
 Right to have an equal opportunity on his employment
  Right to rest, leisure and reasonable limitation of working hours
 The Right to form and join the trade union of his choice.

Classification of Rights

1. Natural rights – God given rights, acknowledged by everybody to be morally

good. Unwritten, but prevail as norms of the society.
2. Constitutional rights – conferred and protected by the constitution and which
cannot be modified or taken away by the law – making body.
3. Statutory rights – those rights which are provided by law promulgated by the
law – making body. May be abolished by the body that created them.

Stages of human rights

a. Idealization – the notions about human rights start in the realm of ideas that
reflect a consciousness against oppression or inadequate performance of the
state.
b. Positivization - it is where the support for the ideas become strong, and thus
incorporate them into legal instruments.
c. Realization – when these rights are already being enjoyed by the citizens by
the transformation of the social, economic, and political order.

Sources and Foundation of human rights law

The 1987 Philippine Constitution - the constitution itself is a source, and not only the
bill of rights
a. the 1987 constitution is the basic source of human rights law in the Philippines.
b. as early as Biak na Bato, our forefathers are conscious about the rights of
human beings.
c. A novel feature of the 1987 constitution is the independent constitutional office
of the commission of human rights. The first national human rights commission in
the world.
d. The Commission on Human Rights (CHR) is not a regular commission, not like
the COA or Civil service etc. it is an independent commission which investigate
on human rights violations and establishes programs of education and
information to enhance respect for the primacy of human rights.
e. The constitution is sometime known as the human rights constitution.
 f. The 1987 Constitution is the seventh constitution drafted by the Filipino.

International Bill of Rights

The former secretary general of the UN called the three (3) documents and
optional protocol to the covenant on civil and political rights as magna carta for
mankind and the essential pre requisite for peace at home and in the world.

Universal Declaration on Human rights (UDHR)

The commission on human rights of the United Nations drafted the UDHR, while
the United Nations Passed it.
The chairwoman was former first lady Eleanor Roosevelt.
Carlos Romulo was also there during the drafting of the CHR of the UN
The preamble of the UDHR refers to the concepts of inherent human dignity and
one inalienable nature of human rights. It is also called for the inter – cultural
consensus by indicating that a common understanding of the rights and
freedoms is to achieve promotion of the universal respect for and observance of
human rights and fundamental freedoms.
The UDHR is the first internationally adopted catalogue of human rights.
Mary Robinson, the former High Commissioner for Human rights, said that the
common language of humanity, the language of human rights, is enshrined in the
UDHR.
 Module 2:

Difference Between Right and Freedom

Right vs Freedom

The Constitution of a Democratic Country gives its Citizens certain rights and duties. If
those rights and duties are upheld in righteous manner, then the country can be said to
be providing Freedom to its people. They are two different kinds of terms but related to
similar items.

Definition of Right and Freedom

The terms will be clearer by understanding their opposites. Duty is the opposite of Right.
If you are given a gift you are also required to do your little part. The opposite of
Freedom is Captivity. But in the modern colloquial term it would be Tyranny.

 Getting a chance to vote at the national elections means getting your right.

 Getting a chance to vote for someone you really want to vote for means freedom.

Democracy (Demos – people, and Kratos, rule) is a form of government in which the
people have the authority to deliberate and decide legislation, or to choose governing
officials to do so.
Brief History of Right and Freedom

Both terms are related to democracy and constitution. Hence their dates and
timelines follow similar paths. The concepts of citizens and rights are older than
even the Roman Empire. It would be debatable to say that maybe freedom has
not increased but decrease with the passing of time. From pastures and vast
fields, we have come to living in cubicles and 2 bedroom apartments. But then we
do live longer, faster, and bigger today, but do we also live deeper?
 Uses of Right and Freedom

 A Right is a common privilege given to all citizens for example the right to vote,
the right to property, the right to worship, the right to information, etc.

 Freedom is when you have no constraints to conduction your actions “freedom of

speech, freedom of the press, freedom to rebel, freedom to complain, etc.

Examples of Right and Freedom

 Freedom is having a Right.

 Right is something you can demand when you do a Duty.

Summary:

1. In modern parlance both words refer to similar things like Freedom of the Press and
Right to Information.
2. Freedom means having a good environment where Rights and Duties are honourably
preserved.
3. If you are entitled to something, you have a Right towards it.
4. Freedom itself is the fundamental human right.
5. An ideal country where all rights are upheld, all citizens treated alike, where
corruption is negligible, where terrorism and military operations are unheard of, can be
called a place truly having Freedom.
 MODULE 3

THE 1987 PHILIPPINE CONSTITUTION

ART III

BILL OF RIGHTS

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.

Liberty - The state of being free within society from oppressive restrictions
imposed by authority on one's way of life, behavior, or political views.

The Writ of Habeas Corpus – It is a law stating that an individual cannot be

imprisoned or held in custody inside a prison cell unless he/she has first been
brought before a court of law, which decides whether or not it is legal for the
person to be kept in prison.

The writ of amparo ("writ of protection"; also called recurso de amparo, "appeal
for protection", or juicio de amparo, "judgement for protection") Is a remedy for
the protection of constitutional rights, found in certain jurisdictions. The amparo
remedy or action is an effective and inexpensive instrument for the protection of
individual rights.

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.

Search warrant – It is and order in writing, issued in the name of the people of
the Philippine Island, signed by a judge and directed to a peace officer,
commanding him to search for personal property and bring it before the court.

Warrant of arrest – a written document issued by a court ordering any peace

officer to bring the person before the court so that he maybe bound to answer for
the commission of an offense.

Probable cause – such fact as are sufficient to engender a well founded belief
that crime has committed.

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.

Note: Supported by RA 4200, The “Anti wiretapping Act of 1965”.

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.

Limitations of this right

1. Libel – form of defamation done by means of publication.

2. Slander – form of speech meant to destroys someone’s reputation

3. Pornographic – form of speech that has sexually arousing concept.

4. Obscene – any form of speech that go against the standards of morality and
decency.

5. Threats -any statements suggesting the intent to inflict pain, injury, damage,
or other hostile action on someone in retribution for something done or not done.

6. Plagiarize – Statement stolen and pass off as one’s own.

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.

Exemption to this right/s

Exile - It means the state of being banished from one's home or country.

Destierro - It means banishment or only a prohibition from residing within the

radius of 25 kilometers from the actual residence of the accused for a specified
length of time.
 Persona non grata – a resolution by a place or government issued against a
person who is not wanted or welcome because they are unacceptable to its
government.
What is considered as violation of Sec. 6 is Expulsion
It is done by expelling a person from the Philippines or by compelling a person to
change his residence.

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.

Exceptions to the Right to Access of Information (EO no. 2 – 2016)

1. Information covered by Executive privilege - which covers

Presidential conversations, correspondence, and discussions in closed-
door Cabinet meetings and Matters covered by deliberative process
privilege.

2. Privileged information relating to national security, defense or

international relations - such as information, record, or document that
must be kept secret in the interest of national defense or security;
Diplomatic negotiations and other information required to be kept secret in
the conduct of foreign affairs; and Patent applications.

3. Information concerning law enforcement and protection of public

and personal safety - such as Investigation records compiled for law
enforcement purposes or information which if written would:

(a) interfere with enforcement proceedings;

(b) deprive a person of a right to a fair trial or an impartial

adjudication;

(c) disclose the identity of a confidential source; or

(d) unjustifiably disclose investigative techniques and procedures.

This would also include:

(a) Informer's privilege or the privilege of the Government not to

disclose the identity of a person or persons who furnish information
of violations of law;
 (b) When disclosure of information would put the life and safety of
an individual in imminent danger;

(c) Any information given by informants leading to the recovery of

carnapped vehicles and apprehension of the persons charged with
carnapping; and

(d) All proceedings involving application for admission into the

Witness Protection Program.

4. Information deemed confidential for the protection of the privacy

of persons and certain individuals such as minors, victims of crimes,
or the accused - These include Information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal
privacy, personal information, or records, including sensitive personal
information.

Sensitive personal information as defined under the Data Privacy Act

of 2012 refers to personal information:

(1) about an individual's race, ethnic origin, marital status, age,

color, and religious, philosophical or political affiliations;

(2) about an individual's health, education, genetic or sexual life of

a person, or to any proceeding for any offense committed or
alleged to have been committed by such person;

(3) issued by government agencies peculiar to an individual; and

(4) specifically established by an executive order or an act of

Congress to be kept classified. However, personal information may
be disclosed to the extent that the requested information is shown
to be a matter of public concern or interest, shall not meddle with or
disturb the private life or family relations of the individual and is not
prohibited by any law or regulation.

Information deemed confidential also include the source of any news

report or information appearing in newspapers, magazines or periodicals
of general circulation obtained in confidence; and Records of proceedings
and processes deemed confidential by law for the privacy and/or
protection of certain individuals.

5. Information, documents, or records known by reason of official

capacity and are deemed as confidential - including those submitted or
disclosed by entities to government agencies, tribunals, boards, or
officers, in relation to the performance of their functions, or to inquiries or
investigation conducted by them in the exercise of their administrative,
regulatory or quasi-judicial powers.

6. Information of which a premature disclosure would:

(a) in the case of those who regulate currencies, securities,

commodities, or financial institutions, be likely to lead to significant
financial speculation or significantly endanger the stability of any
financial institution; or

(b) be likely or significantly frustrate implementation of a proposed

official action, except where it is required by law to make such
disclosure.

7. Records of proceedings or information from proceedings which,

pursuant to law or relevant rules and regulations, are treated as
confidential or privileged.

8. Matters considered confidential under banking and finance laws.

and their amendatory laws.

9. Other exceptions to the right to information under laws,

jurisprudence, rules and regulations, such as:

a. Those deemed confidential pursuant to treaties, executive

agreements, other international agreements, or international
proceedings;

b. Testimony from a government official, unless pursuant to a court

or legal order;

c. When the purpose for the request of Statement of Assets,

Liabilities and Net Worth is any of the following:

(1) any purpose contrary to morals or public policy; or

(2) any commercial purpose other than by news and

communications media for dissemination to the general
public.

d. Lists, abstracts, summaries of information requested when such

are not part of the duties of the government office requested;

e. Those information and proceedings deemed confidential under

rules and regulations issued by relevant government agencies or as
decided by the courts;
 f. Requested information pertains to comments and disclosures on
pending cases in judicial proceedings; and

g. Attorney-client privilege existing between government lawyers

and their client.

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.

Union – It is a group of workers for a particular organization or industry who

come together for collective bargaining with their employers.

Section 9. Private property shall not be taken for public use without just compensation.

Just compensation – The right of the state to take private property for public
use, however the state shall compensate the owner of the property with the
current prevailing market price.

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

This is a direct prohibition on the enactment of state laws that have a retroactive
effect to impair the obligations and rights arising under contracts entered into
prior to the enactment of such state laws. Any law which enlarges, abridges, or in
any manner changes the intention of the parties, resulting from the stipulations in
the contract, necessarily impairs it.

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 and 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.

Bail – Refers to the security given for the release of a person in custody of the
law, furnished by him or a bondsman, conditioned upon his appearance before
any court as required under the conditions hereinafter specified. Bail may be
given in the form of;

a. Corporate surety

b. Property bond

c. Cash deposit, or

d. Recognizance.

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, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.

Due process – It is a requirement that legal matters be resolved according to

established rules and principles and that individuals be treated fairly.

Minimum requirement of Due Process

 Investigation of a crime by the police.

 Arrest of a suspect by the police.
 Prosecution of a criminal defendant by a prosecutor.
 Filing of an information by a prosecutor.
  Arraignment by a judge.
 Pretrial detention and/or bail.
 Plea bargaining between the defense attorney and the prosecutor.
 Trial.
 Sentencing.
 Appeals.
 Probation and parole proceedings.

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.

Right against self- incrimination a right accorded to every person who gives
evidence, whether voluntary or under compulsion of subpoena in any civil,
criminal or administrative proceeding.

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 the 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 non-payment 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.

Double jeopardy – It is a procedural defence (primarily in common law

jurisdictions) that prevents an accused person from being tried again on the
same (or similar) charges following an acquittal or conviction and in rare cases
prosecutorial and/or judge misconduct in the same jurisdiction.
Section 22. No ex post facto law or bill of attainder shall be enacted.

Ex post facto law - is a law that criminalize, aggravate, or increase the

punishment for a crime that was legal or less severe when committed.

Bill of attainder - is an act of a legislature declaring a person, or a group of

people, guilty of some crime, and punishing them, often without a trial.
 UNIT 2

Module 4

GLOBAL VIEWS ON HUMAN RIGHTS

UNIVERSAL DECLARATION OF HUMAN RIGHTS

This Declaration was considered as a milestone in history of mankind specially on the issues on
human rights. It was drafted by different countries with different legal and cultural backgrounds duly
represented. The declaration was proclaimed by the United Nations General Assembly in Paris on
December 10 1948. It promotes a common standard it humanistic treatment to all individuals. It
establishes the fundamental of human rights and aimed to universally protect it.

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,

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.

THE GENERAL ASSEMBLY PROCLAMATION

Proclaims this Universal Declaration of Human Rights as 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.

Dignity is the right of a person to be valued and respected for their own sake,
and to be treated ethically.

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

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 defense.
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.
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

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.
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.
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.
 Module 5
STATE ACTORS ON HUMAN RIGHTS
COMMISSION ON HUMAN RIGHTS

THE COMMISSION
The Commission on Human Rights (CHR) is an independent constitutional office
created under the 1987 Constitution of the Philippines, with the primary function of
investigating all forms of human rights violations involving civil and political rights in the
Philippines.

JOSE W. DIOKNO
He is known as the “Father of Human Rights” in the Philippines, He is a prominent
lawyer and the first Chairman of the Commission, He also founded the premier human
rights network called the Free Legal Assistance Group (FLAG).
COMPOSITION
The CHR is composed of a Chairperson and four members. Commissioners hold a term
of office of seven years without reappointment. The Philippine Constitution requires that
a majority of the commission's members must be lawyers.

CREATION
After the ratification of the 1987 Philippine Constitution on February 2, 1987, which
provides for the establishment of a Commission on Human Rights, President Corazon
Aquino, signed Executive Order No. 163 on May 5, 1987, creating the Commission on
Human Rights and abolished the Presidential Committee on Human Rights. The
commission was created as an independent office mandated to investigate complaints
of human rights violations, promote the protection of, respect for and the enhancements
of the people's human rights including civil and political rights.

MANDATES AND FUNCTIONS

The Commission derives its mandates from the Constitution, relevant domestic laws,
and the eight core International Human Rights Instruments to which the Philippines is a
State Party, as well as other United Nations Human Rights Conventions newly
enforced.
Under Section 18, Article XIII of the Philippine Constitution, the government has a duty
to protect civil and political rights of citizens in the Philippines. Based on the Philippine
Constitution, the commission has a broad mandate, which can be categorized into three
major functional areas:

 Human Rights Protection – Investigation and case

management of complaints of violations, including all the
 powers and services in aid of investigation, of civil and
political rights as well as economic, social, and cultural
rights. Such powers and services include:

 Citing for contempt for violations of its rules of

procedure; legal aid and counseling;
 Visitorial powers over jails and detention facilities;
 Application of forensic techniques in aid of
investigation; witness protection; and,
 Financial assistance to victims.

 Human Rights Promotion, which includes the wide range

of strategies for policy, advocacy, promotion, social
mobilization, education, training, public information,
communication, research, networking and linkages.
 Human Rights Policy Advisory derived from monitoring
government's compliance with the treaty obligations that
the Philippines has acceded to:

a. International Covenant on Civil and Political Rights

(ICCPR) - is a multilateral treaty that commits nations to
respect the civil and political rights of individuals, including
the right to life, freedom of religion and freedom of speech,
freedom of assembly, electoral rights and rights to due
process and a fair trial.

b. International Covenant, Social and Cultural Rights

(ICESCR) - It commits its parties to work toward the
granting of economic, social, and cultural rights (ESCR) to
the Non-Self-Governing and Trust Territories and
individuals, including labor rights and the right to health,
the right to education, and the right to an adequate
standard of living. As of July 2020, the Covenant has 171
parties. A further four countries, including the United
States, have signed but not ratified the Covenant.

c. Convention Against Torture and Other Degrading

Treatment or Punishment (CAT) – It is an international
human rights treaty under the review of the United
Nations that aims to prevent torture and other acts of cruel,
inhuman, or degrading treatment or punishment around the
world.

d. Convention on the Elimination of All Forms of

Discrimination Against Women (CEDAW) - s an
international treaty adopted in 1979 by the United Nations
 General Assembly. Described as an international bill of
rights for women, it was instituted on 3 September 1981
and has been ratified by 189 states.

e. Convention Against Racial Discrimination (CERD)

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

g. Convention on the Protection of Migrant Workers and

their Families (CMW)

h. Convention on the Rights of the Persons with Disabilities

(CRPD).

This also includes the entire aspect of monitoring and evaluating the performance of the
Executive, Legislative, and Judiciary to translate international human rights standards
into national policies, laws, and practice.

LIMITATION OF FUNCTIONS
The Supreme Court of the Philippines, declared that the Commission did not possess
the power of adjudication, and emphasized that its functions were primarily
investigatory.

POWERS AND FUNCTION

The Commission on Human Rights 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
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 Government'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
11. Perform such other duties and functions as may be
provided by law.
 UNIT 3
Module 6
Philippine Government and Human Rights Cases
Human rights in the Philippines

Human rights in the Philippines are protected by the Constitution of the Philippines,
to make sure that persons in the Philippines are able to live peacefully and with dignity,
safe from the abuse of any individuals or institutions, including the state. The concept
and practice of human rights within the Philippines is defined by Article III of the
Philippine Constitution, as well as the United Nations' International Bill of Human Rights,
to which the Philippines is a signatory.

Concept

The concept of "human rights," in the context of the Philippines, pertains mainly (but is
not limited) to the civil and political rights of a person living in the Philippines.

Human rights are a justified set of claims that set moral standards to members of the
human race, not exclusive to a specific community or citizenship. Membership in the
human race is the sole qualification to obtain these rights. Human rights, unlike area-
specific conventions of international laws (e.g. European Convention on Human
Rights and International Covenant on Civil and Political Rights and on Economic, Social
and Cultural Rights), are universally justifiable as it pertains to the entire human race,
regardless of geographical location.
 HUMAN RIGHTS ISSUES

Forms of Human Rights Violations

Extra Judicial Punishment: It is a punishment for an alleged crime or offense that is

carried out without legal process or supervision by a court or tribunal through a legal
proceeding.

Forms of Extra Judicial Punishment

Extrajudicial killing (Salvaging) refers to the deliberate killing of a person without the
lawful authority granted by a judicial proceeding.

a. Forced disappearances (Desaparecidos): It refers to the secret abduction or

imprisonment of a person by a state, political organization, or third party, followed
by a refusal to acknowledge the person's fate and whereabouts, with the intent of
placing the victim outside the protection of the law.

b. Summary execution: It refers to an execution in which a person is accused of

a crime and immediately killed without the benefit of a full and fair trial.

c. Arbitrary arrest and arbitrary detention: these are the arrest or detention of
an individual in a case in which there is no likelihood or evidence that they
committed a crime against a legal statute or in which there has been no proper
due process of law or order.

Police brutality refers to the excessive and unwarranted use of force by law
enforcement against an individual or a group.

Forms of Police Brutality

Use of Excessive Force: - Excessive force means an application of force that,

either by the type of force employed or the extent to which such force is
employed, exceeds that force that reasonably appears to be necessary under all
the circumstances surrounding the incident.

Wrongful Search and Seizure: It refers to the searches and seizures performed
by police officers without the benefit of a valid search warrant. Or warrantless
searches that are not within the parameters set by the law.

Instigation (Police Frame Up): It refers to the act of a police officer where an
individual is personally prompted by them to commit an act punishable by law
and thereafter arrested by the same officer.

False Arrest and Wrongful Imprisonment: This is when law enforcement

officers take someone into custody without an arrest warrant or probable cause.
 Planting of evidence: the act done by a police officer who maliciously and
secretly inserts illegal materials into the possession of a person subject to their
arrest.

Sexual assault and abuse—rape perpetuated by police officers targeting

individuals that are under their custodial care

Denial of Medical Care: This refers to the denial of medical care to a person in
custody by law enforcement.

Extortion is a crime in which one person uses force, intimidation, or violence to make
another person do something against their will. The purpose of extortion is usually to
obtain money, property, or some other benefit from the victim. Extortion can involve
threats to the victim's property, friends, or family members.

Media repression refers to the continuous attack on mass media industries by the
government, political parties, private organizations, or individuals, suppressing their
freedom directly or indirectly.

Red tagging refers to the malicious blacklisting of individuals or organizations critical of

or not fully supportive of the actions of a sitting government administration in the
country.

Discrimination refers to the act of making unjustified distinctions between human

beings based on the groups, classes, or other categories to which they are perceived to
belong.

Corruption refers to dishonest behavior by those in positions of power, such as

managers or government officials. It includes giving or accepting bribes or inappropriate
gifts, double-dealing, under-the-table transactions, manipulating elections, diverting
funds, laundering money, and defrauding investors.
Indigenous peoples' rights

Republic Act No. 8371

The Indigenous Peoples' Rights Act 1997

What is Ancestral Domain?

All areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal
areas, and natural resources therein, held under a claim of ownership, occupied or
possessed by ICCs/IPs, themselves or through their ancestors, communally or
individually since time immemorial.

What is Ancestral Land?

It refers to land occupied, possessed and utilized by individuals, families and clans who
are members of the ICCs/IPs since time immemorial.

Who are considered as Indigenous Cultural Communities or Indigenous People?

It refers to a group of people or homogenous societies identified by self-ascription and

ascription by other, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of ownership
since time immemorial, occupied, possessed customs, tradition and other distinctive
cultural traits, or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and culture, became historically differentiated
from the majority of Filipinos.

List of Indigenous Communities and People in Philippines

 Aetas
 Igorots
 Caraballo groups (Ibanag, Ilongot, Gaddang, Ikalahan and Isinai)
 Mangyans
 Dumagats
 Palawan groups (Tagbanua, Palaw’an and Bataks)
 Ati and Tumanduk
 Lumads

Indigenous Political Structure

It refers to organizational and cultural leadership systems, institutions, relationships,

patterns and processed for decision-making and participation, identified by ICCs/IPs
such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holder, or
any other tribunal or body of similar nature.
Tribal Barangays - The ICCs/IPs living in contiguous areas or communities where they
form the predominant population but which are located in municipalities, provinces or
cities where they do not constitute the majority of the population, may form or constitute
a separate barangay in accordance with the Local Government Code on the creation of
tribal barangays.

Self-Governance - The State recognizes the inherent right of ICCs/IPs to self-

governance and self-determination and respects the integrity of their values, practices
and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely
pursue their economic, social and cultural development.

Justice System, Conflict Resolution Institutions and Peace Building Processes -

The ICCs/IPs shall have the right to use their own commonly accepted justice systems,
conflict resolution institutions, peace building processes or mechanisms and other
customary laws and practices within their respective communities and as may be
compatible with the national legal system and with internationally recognized human
rights.

ICC/IP’S RIGHTS

RIGHTS TO ANCESTRAL DOMAINS

Rights to Ancestral Domains. - The rights of ownership and possession of ICCs/Ips

their ancestral domains shall be recognized and protected. Such rights shall include:

a. Rights of Ownership.- The right to claim ownership over lands, bodies of water
traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting
and fishing grounds, and all improvements made by them at any time within the
domains;

b. Right to Develop Lands and Natural Resources. - right to develop, control and
use lands and territories traditionally occupied, owned, or used; to manage and
conserve natural resources within the territories and uphold the responsibilities
for future generations; to benefit and share the profits from allocation and
utilization of the natural resources found therein; the right to negotiate the terms
and conditions for the exploration of natural resources in the areas for the
purpose of ensuring ecological, environmental protection and the conservation
measures, pursuant to national and customary laws; the right to an informed and
intelligent participation in the formulation and implementation of any project,
government or private, that will affect or impact upon the ancestral domains and
to receive just and fair compensation for any damages which they sustain as a
result of the project; and the right to effective measures by the government to
prevent any interfere with, alienation and encroachment upon these rights;

c. Right to Stay in the Territories- The right to stay in the territory and not be
removed therefrom. No ICCs/IPs will be relocated without their free and prior
 informed consent, nor through any means other than eminent domain. Where
relocation is considered necessary as an exceptional measure, such relocation
shall take place only with the free and prior informed consent of the ICCs/IPs
concerned and whenever possible, they shall be guaranteed the right to return to
their ancestral domains, as soon as the grounds for relocation cease to exist.
When such return is not possible, as determined by agreement or through
appropriate procedures, ICCs/IPs shall be provided in all possible cases with
lands of quality and legal status at least equal to that of the land previously
occupied by them, suitable to provide for their present needs and future
development. Persons thus relocated shall likewise be fully compensated for any
resulting loss or injury;

d. Right in Case of Displacement. - In case displacement occurs as a result of

natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs
in suitable areas where they can have temporary life support system: Provided,
That the displaced ICCs/IPs shall have the right to return to their abandoned
lands until such time that the normalcy and safety of such lands shall be
determined: Provided, further, That should their ancestral domain cease to exist
and normalcy and safety of the previous settlements are not possible, displaced
ICCs/IPs shall enjoy security of tenure over lands to which they have been
resettled: Provided, furthermore, That basic services and livelihood shall be
provided to them to ensure that their needs are adequately addressed:

e. Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant

settlers and organizations into the domains;

f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall
have access to integrated systems for the management of their inland waters
and air space;

g. Right to Claim Parts of Reservations. - The right to claim parts of the ancestral
domains which have been reserved for various purposes, except those reserved
and intended for common and public welfare and service; and

h. Right to Resolve Conflict. - Right to resolve land conflicts in accordance with

customary laws of the area where the land is located, and only in default thereof
shall the complaints be submitted to amicable settlement and to the Courts of
Justice whenever necessary.

Note:

Concept of Ancestral Lands/Domains. - Ancestral lands/domains shall include

such concepts of territories which cover not only the physical environment but the
total environment including the spiritual and cultural bonds to the area which the
ICCs/IPs possess, occupy and use and to which they have claims of ownership.
 Indigenous Concept of Ownership. - The indigenous concept of ownership
generally holds that ancestral domains are the ICC's/IP's private but community
property which belongs to all generations and therefore cannot be sold, disposed
or destroyed. It likewise covers sustainable traditional resource rights.

Composition of Ancestral Lands/Domains. - Ancestral lands and domains

shall consist of all areas generally belonging to ICCs/Ips.

Rights to Ancestral Lands. - The right of ownership and possession of the ICCs/IPs,
to their ancestral lands shall be recognized and protected.

a. Right to transfer land/property. - Such right shall include the right to transfer
land or property rights to/among members of the same ICCs/IPs, subject to
customary laws and traditions of the community concerned.

b. Right to Redemption. - In cases where it is shown that the transfer of

land/property rights by virtue of any agreement or devise, to a non-member of the
concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs,or is
transferred for an unconscionable consideration or price, the transferor ICC/IP
shall have the right to redeem the same within a period not exceeding fifteen (15)
years from the date of transfer.

Unauthorized and Unlawful Intrusion. - Unauthorized and unlawful intrusion upon, or

use of any portion of the ancestral domain, or any violation of the rights herein before
enumerated, shall be punishable under this law. Furthermore, the Government shall
take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs
or lack of understanding of laws to secure ownership, possession of land belonging to
said ICCs/IPs.

ICC’S/IP’S SOCIAL JUSTICE AND HUMAN RIGHTS

Equal Protection and Non-discrimination of ICCs/IPs. - The State shall, with due
recognition of their distinct characteristics and identity, accord to the members of the
ICCs/IPs the rights, protections and privileges enjoyed by the rest of the citizenry.

Rights during Armed Conflict - ICCs/IPs have the right to special protection and
security in periods of armed conflict. The government shall not recruit members of the
ICCs/IPs against their will into armed forces, and in particular, for the use against other
ICCs/IPs; not recruit children of ICCs/IPs into the armed forces under any circumstance;
nor force indigenous individuals to abandon their lands, territories and means of
subsistence, or relocate them in special centers for military purposes under any
discriminatory condition.

Freedom from Discrimination and Right to Equal Opportunity and Treatment. - It

shall be the right of the ICCs/IPs to be free from any form of discrimination, with respect
to recruitment and conditions of employment, such that they may enjoy equal
opportunities as other occupationally-related benefits, informed of their rights under
existing labor legislation and of means available to them for redress, not subject to any
coercive recruitment systems, including bonded labor and other forms of debt servitude;
and equal treatment in employment for men and women, including the protection from
sexual harassment.

Basic Services. - The ICC/IP have the right to special measures for the immediate,
effective and continuing improvement of their economic and social conditions, including
in the areas of employment, vocational training and retraining, housing, sanitation,
health and social security. Particular attention shall be paid to the rights and special
needs of indigenous women, elderly, youth, children and differently-abled persons.
Accordingly, the State shall guarantee the right of ICCs/IPs to government 's basic
services which shall include, but not limited to water and electrical facilities, education,
health and infrastructure.
 Women’s Rights

Magna Carta of women in Philippines

Magna carta – was a term derived from medieval Latin that means charter of freedom.

Women rights movement – A diverse social movement that sought equal rights and
opportunities and greater personal freedom for women.

It is apparent that even in current conditions women are marginalized in areas

pertaining to economy, politics and even sociocultural activities.

Marginalization refers to a condition where a whole category of people is

excluded from useful and meaningful participation in political, economic, social,
and cultural life. (RA. 9710, Sec. 4, par c)

Marginalized refers to the basic, disadvantaged, or vulnerable persons or

groups who are mostly living in poverty and have little or no access to land and
other resources, basic social and economic services such as health care,
education, water and sanitation, employment and livelihood opportunities,
housing, social security, physical infrastructure, and the justice system. (RA.
9710, Sec. 4, par d)

In an effort to abolish discrimination against women, the Philippine government adheres

to the provisions of CEDAW (Convention on the Elimination of all forms of
Discrimination Against Women) and other international instruments. To which RA 9710
(The Magna Carta of Women) was created.

PRINCIPLES OF HUMAN RIGHTS OF WOMEN

Human rights are universal and inalienable. All people in the world are entitled to them.
All individuals are equal as human beings by virtue of the inherent dignity of each
human person. No one, therefore, should suffer discrimination on the basis of ethnicity,
gender, age, language, sexual orientation, race, color, religion, political, or other
opinion, national, social, or geographical origin, disability, property, birth, or other status
as established by human rights standards.

Women Empowerment – It refers to the provision, availability, and accessibility of

opportunities, services, and observance of human rights which enable women to
actively participate and contribute to the political, economic, social, and cultural
development of the nation as well as those which shall provide them equal access to
ownership, management, and control of production, and of material and informational
resources and benefits in the family, community, and society.
Discrimination Against Women - It refers to any gender-based distinction, exclusion,
or restriction which has the effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field.

Gender Equality - It refers to the principle asserting the equality of men and women
and their right to enjoy equal conditions realizing their full human potentials to contribute
to and benefit from the results of development, and with the State recognizing that all
human beings are free and equal in dignity and rights.

Gender Equity – It refers to the policies, instruments, programs, services, and actions
that address the disadvantaged position of women in society by providing preferential
treatment and affirmative action.

Gender and Development (GAD) – It refers to the development perspective and

process that are participatory and empowering, equitable, sustainable, free from
violence, respectful of human rights, supportive of self-determination and actualization
of human potentials.

Gender Mainstreaming – It refers to the strategy for making women’s as well as men’s
concerns and experiences an integral dimension of the design, implementation,
monitoring, and evaluation of policies and programs in all political, economic, and
societal spheres so that women and men benefit equally and inequality is not
perpetuated.

Violence Against Women – It refers to any act of gender-based violence that results
in, or is likely to result in, physical, sexual, or psychological harm or suffering to women,
including threats of such acts, coercion, or arbitrary deprivation of liberty, whether
occurring in public or in private life.

FORMS OF VIOLENCE AGAINST WOMEN

A. Domestic Violence (Domestic Abuse) – Any pattern of behavior that is used to

gain or maintain power and control over an intimate partner.

Types of Domestic Violence

Economic Violence – It involves making or attempting to make a person

financially dependent by maintaining total control over financial resources,
withholding access to money, and/or forbidding attendance at school or
employment.

Psychological Violence – It involves causing fear by intimidation, threatening

physical harm to self, partner or children, violence on pets or destruction of
properties, or forcing isolation from friends, family, school and/ or work.
 Emotional Violence – It includes undermining a person’s sense of self-worth
through constant criticism that includes belittling one’s abilities, name calling or
other form of verbal abuse.

Physical violence – It involves hurting or trying to hurt a partner by hitting,

kicking, burning, grabbing, pinching, shoving, slapping, hair – pulling, biting,
denying medical care or forcing alcohol and/or drug use, or using other physical
force.

B. Femicide – It refers to the intentional murder of women because they are women.
Example is Honor killing.

Honor Killing – It refers to the killing of a family member usually a woman or girl,
for the reason that the person has brought dishonor or shame upon the family.

C. Sexual Violence – It is any sexual act committed against the will of another person,
either when this person does not give consent or when consent cannot be given
because the person is child, has a mental disability, or is severely intoxicated or
unconscious as a result of alcohol or drugs.

FORMS OF SEXUAL VIOLENCE

Sexual harassment - Sexual harassment encompasses non-consensual

physical contact, like grabbing, pinching, slapping, or rubbing against another
person in a sexual way. It also includes non-physical forms, such as catcalls,
sexual comments about a person’s body or appearance, demands for sexual
favors, sexually suggestive staring, stalking, and exposing one’s sex organs.

Rape - Rape is any non-consensual vaginal, anal or oral penetration of another

person with any bodily part or object.

Corrective rape - Corrective rape is a form of rape of perpetrated against

someone on the basis of their sexual orientation or gender identity. It is intended
to force the victim to conform to heterosexuality or normative gender identity.

Rape culture - Rape culture is the social environment that allows sexual
violence to be normalized and justified. It is rooted in patriarchy and fueled by
persistent gender inequalities and biases about gender and sexuality.

D. Human trafficking - Human trafficking is the acquisition and exploitation of people,

through means such as force, fraud, coercion, or deception. This heinous crime
ensnares millions of women and girls worldwide, many of whom are sexually exploited.

E. Female genital mutilation - Female genital mutilation (FGM) includes procedures

that intentionally alter or cause injury to the female genital organs for non-medical
reasons.
F. Child marriage - Child marriage refers to any marriage where one or both of the
spouses are below the age of 18.
G. Online or digital violence - Online or digital violence against women refers to any
act of violence that is committed, assisted or aggravated by the use of information and
communication technology (mobile phones, the Internet, social media, computer games,
text messaging, email, etc) against a woman because she is a woman.
Forms of Online or Digital Violence Against Women

Cyberbullying - Cyberbullying involves the sending of intimidating or threatening

messages.

Non-consensual sexting - Non-consensual sexting involves the sending of

explicit messages or photos without the recipient’s consent.

Doxing - Doxing involves the public release of private or identifying information

about the victim.

WOMEN’S RIGHT AND EMPOWERMENT

Protection from Violence —All women shall be protected from all forms of violence.
Agencies of government shall give priority to the defense and protection of women
against gender-based offenses and help women attain justice and healing.

Women Affected by Disasters, Calamities, and Other Crisis Situations — Women

have the right to protection and security in times of disasters, calamities, and other crisis
situations especially in all phases of relief, recovery, rehabilitation, and construction
efforts. The State shall provide for immediate humanitarian assistance, allocation of
resources, and early resettlement, if necessary. It shall also address the particular
needs of women from a gender perspective to ensure their full protection from sexual
exploitation and other sexual and gender-based violence committed against them.
Responses to disaster situations shall include the provision of services, such as
psychosocial support, livelihood support, education, psychological health, and
comprehensive health services, including protection during pregnancy.

Participation and Representation — Women shall have participation and equitable

representation in all spheres of society particularly in the decision-making and policy-
making processes in government and private entities to fully realize their role as agents
and beneficiaries of development.

Equal Access and Elimination of Discrimination in Education, Scholarships, and

Training —Gender stereotypes and images in educational materials and curricula are
adequately and appropriately revised. Gender-sensitive language shall be used at all
times. Capacity-building on gender and development (GAD), peace and human rights,
education for teachers, and all those involved in the education sector shall be pursued
  Enrollment of women in nontraditional skills training in vocational and tertiary
levels shall be encouraged.

 Expulsion and non-readmission of women faculty due to pregnancy outside of

marriage shall be outlawed. No school shall turn out or refuse admission to a
female student solely on the account of her having contracted pregnancy outside
of marriage during her term in school.

Women in Sports —Development, establishment, and programs must be done to

encourage more participation of women and girl-children in competitive and
noncompetitive sports as a means to achieve excellence, promote physical and social
well-being, eliminate gender-role stereotyping, and provide equal access to the full
benefits of development for all persons regardless of sex, gender identity, and other
similar factors.

Women in the Military — Discrimination of women in the military, police, and other
similar services shall be eliminated, including revising or abolishing policies and
practices that restrict women from availing of both combat and noncombat training that
are open to men, or from taking on functions other than administrative tasks, such as
engaging in combat, security-related, or field operations. Women in the military shall be
accorded the same promotional privileges and opportunities as men, including pay
increases, additional remunerations and benefits, and awards based on their
competency and quality of performance.

Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film —

Policies and programs for the advancement of women in collaboration with government
and nongovernment media-related organizations shall be promoted. It shall likewise
endeavor to raise the consciousness of the general public in recognizing the dignity of
women and the role and contribution of women in the family, community, and the
society through the strategic use of mass media.

Women’s Right to Health. — Women shall be provided a comprehensive, culture-

sensitive, and gender-responsive health services and programs covering all stages of a
woman’s life cycle and which addresses the major causes of women’s mortality and
morbidity.

Special Leave Benefits for Women — A woman employee having rendered

continuous aggregate employment service of at least six (6) months for the last twelve
(12) months shall be entitled to a special leave benefit of two (2) months with full pay
based on her gross monthly compensation following surgery caused by gynecological
disorders.

Equal Rights in All Matters Relating to Marriage and Family Relations —

Discrimination against women in all matters relating to marriage and family relations
shall be eliminated and shall ensure:
 NOTABLE VIOLATIONS IN PHILIPPINE HISTORY

Marcos administration (1965–1986)

On September 21, 1972, then President Ferdinand Marcos declared Martial Law in the
Philippines. Marcos gave the armed forces the power to prevent or suppress. any act of
insurrection or rebellion. A total of 398 disappearances, 1,388 extrajudicial killings, and
1,499 killed or wounded in massacres were recorded but not every victim was
accounted for.

After the declaration of Martial Law, Marcos issued six general orders and an instruction
to close privately owned media facilities. The Press Secretary, Francisco Tatad, and
Secretary for National Defense, Juan Ponce Enrile, were ordered by Marcos "to take
over and control or cause the taking over and control of all such newspapers,
magazines, radio and television facilities and all other media communications..." The
information released to the public was highly censored and prevented journalists from
releasing any suspicious information about the administration. For the dictatorship,
failure to abide would lead to arrest and eventual torture and execution. Lawyer and
statesman Sen. Jose W. Diokno, the father of human rights, was one of those arrested.
He would be released and later founded the Free Legal Assistance Group (FLAG), the
largest group of lawyers to combat human rights abuses by the dictatorship, and it
managed to deal with over 90 percent of human rights cases during martial law.

The assassination of Senator Benigno "Ninoy" Aquino triggered the peaceful 1986
EDSA People Power Revolution, led by Aquino's wife, Corazon "Cory" Aquino. The
peaceful revolution united the nation in a call against Marcos to uphold their human
rights. It led to the abolition of Martial Law (de jure abolished in 1981) the exile of the
Marcos family, as well as Cory Aquino's rise to the presidency and the current 1987
Constitution. This, in turn paved the way for the creation of the Presidential Committee
on Human Rights, now the Commission on Human Rights which was founded by Atty.
Diokno.

Arroyo administration (2001–2010)

The Arroyo Administration was riddled by its several issues on several forms of
violations against human rights. Most of these which include the increase in military
power and presence, especially in Muslim Mindanao. Philip Alston, a UN Rapporteur,
published Promotion and Protection of all Human Rights, Civil, Political, Economic,
Social and Cultural Rights, including the Right To Development in 2008 that chronicled
and reported the situation he had found while in the Philippines. Many incidents of
extrajudicial killings were linked to this report, most notable of which is Sichi
Bustamante-Gandinao, who was a direct testimony of the abuses concerning the
military.

Sichi Bustamante-Gandinao
Sichi Bustamante-Gandinao was a peasant organizer in Salay, Misamis Oriental. [49] She
was the chairman of the Misamis Oriental Farmers Organization and the coordinator of
the party list group called Bayan Muna. She was also an outspoken critic of the actions
the Citizens' Armed Force Geographical Unit or CAFGU, and how they disrupt the
relatively peaceful communities in Misamis Oriental. [50] Philip Alston was a UN
Rapporteur, who had Gandinao as a testimony to the extrajudicial killings, and other
violations of human rights the military was practicing, whether it was the military is
contested by the Military. The Alston report was published in 2008, which highlighted
these abuses through the United Nations General Assembly.[51] In March 2007,
however, Gandinao, together with her husband and daughter, was walking home after a
day of doing farm work. Gandinao was then shot four times by two men on a motorcycle
heading towards a nearby military camp, while Gandinao's family helplessly watched
the attack.[49][50] The local officials and passers-by all told Gandinao's husband and
daughter that they were too busy to tend to the bleeding Gandinao. [50] According to
reports, after two hours of bleeding profusely, the assailants went back to the scene of
the crime and even watched the entire ordeal of Gandinao. [49][50] Her husband had to
carry her to the Cagayan de Oro ambulance, which took another hour to get to the
actual hospital. In the Cagayan de Oro hospital, Gandinao was pronounced dead on
arrival.[49][50]

Vigilantism and death squad

According to the Alston report, the presence of "vigilantism" and death squad in Davao
has been a commonplace occurrence, and has been going on for some time now, prior
to his visit in the Philippines from 2006 to 2007. [51] The Death Squad, however, operate
with no intention of hiding their identities, and in broad daylight. Davao Mayor Rodrigo
Duterte has held office, aside from a brief stint as a congressman, since 1988. Rodrigo
Duterte is known for his strict, anti-criminal approach in governing Davao City.
[52]
However, in the same report, Rodrigo Duterte has admitted that hundreds of
unsolved murders were committed during his time as mayor, and that he takes "full
responsibility" for the fact that the murders have remained unsolved. [51] When Duterte
was first elected as mayor, he faced a Davao with problems like rampant youth gangs,
the New Peoples' Army (NPA) killing policemen routinely, and crime. [51] The Davao
Death Squad (DDS) has had over 500 victims since 1998; killing targets in public and in
broad daylight.[51] These executions were a response to petty crimes, and targets are
sent warnings explaining why they are targeted by the DDS. [51] It was, however, noted
that during Duterte's term as mayor, criminal activity has decreased significantly. It
should also be noted, however, that there are hundreds of unsolved murders.[51]

Benigno Aquino Administration (2010–2016)

The number of journalist killings under the Aquino administration has been noted to be
the highest since 1986. Because of this, the Philippines has been ranked as the third
deadliest country for journalists.[53] Information about disappearances and murders of
reporters are kept from the public, making several agencies/organizations as well
as whistleblowers at risk of exposure to harm. Some of the journalists killed in their line
of work during the Aquino government were Gerry Ortega, Christopher Guarin,
and Rubylita Garcia.[54] According to the 2014 Human Rights Watch Report, only 6 out
of 26 cases managed to identify/capture their suspects.
The Aquino administration implemented reforms towards more effective criminal
investigation procedures, in addition to passing laws to better uphold human rights.
However, these reforms are underdeveloped. An example is the formation of the Inter-
Agency Committee on Extra-Legal Killings, which acquired problems in identifying which
case to pursue due to the process requirements.

Duterte administration (2016 – present)

On June 15, 2020, Maria Ressa, the founder and executive editor of the news
website Rappler, and Reynaldo Santos Jr. researcher at Rappler were sentenced
with a minimum of six months and one day and a maximum of six years’
imprisonment and fine of USD4,000 for moral damages and USD4000 for
exemplary damages. They were the critics of President Rodrigo Duterte and
reported on his “war of drugs” campaign that killed more than 12,000
Filipinos. Human Rights Watch found in an investigation that the police are
falsifying the evidence to justify the illegal killing of civilians.

On June 26, 2020, Philippines police arrested around 20 people at the LGBT
pride event. They were protesting against an anti-terrorism bill, which will
eliminate legal protection and police can detain groups and individuals without
any warrant under the label of terrorism. The arrest took place without any
explanation from the police force. Human Rights Watch urged the authority to
release those detained and allow them to exercise their fundamental right of
protesting peacefully.

On July 3, 2020, Amnesty International criticized the controversial Anti-Terrorism

Act, signed by President Rodrigo Duterte and said that the new law is the latest
example of the country's ever-worsening human rights record.

Alleged extrajudicial killings

With the vigilante killings becoming rampant, the Citizen's Council for Human
Rights (CCHR) asked President Duterte to initiate measures to stop the surge of
extrajudicial killings.

The killing of Larry Que on December 20, 2016, was the first recorded media-
related killing under the administration of President Rodrigo Duterte. Shortly
before becoming president Duterte said, "Just because you're a journalist you
are not exempted from assassination, if you're a son of a bitch. Freedom of
expression cannot help you if you have done something wrong." [59] Recognizing
the danger to journalists, the president established the Presidential Task Force
on Violations of the Right to Life, Liberty and Security of the Members of the
Media in October 2016.
On August 21, 2020, the United Nations raised concerns with the Philippine
government over the killing of peace consultant Randall "Randy" Echanis
and human rights defender Zara Alvarez. The UN Human Rights Office
described the situation as alarming since the two victims were previously tagged
as terrorists because of their work, and called for transparent investigations.

On August 24, 2020, Human Rights Watch revealed that employees

of Karapatan, a human rights organization in Philippines had received death
threats. The threats came a week after unidentified gunmen shot dead Zara
Alvarez, a paralegal worker for the group, in Bacolod City in the
central Philippines on August 17. Karapatan has been alleged to be a particular
target of Philippine security forces and their agents.
HUMAN RIGHTS REPORTING TASK
Group 1. (CORAZON, AQUINO)
Leader: Divina
Members
 Julian
 Juralbal
 Bulan Emmanuel
 Chy
 Bangloy
 Enosebio
 Parica
 Princess
 Gumpal

Group 2. (DUTERTE, RODRIGO)

Leader: Ritumban
 Concepcion
 Guillermo
 Sabado
 Flores
 Lopez
 Lorenzo
 Guzman
 Macababbad
 Acob
Group 3. (BENIGNO AQUINO)
Leader: Matias
 Bulan Siarah
 Valdez
 Lucas Ivy
 Bulusan
 Timbal
 Singun
 Buduan
Group 4. (FERDINAND MARCOS)
Leader: Dela Cruz
 Menor
 Cinense
 Belen
 Obra
 Kimmayong
 Galano
 Salvador
 Tagalicud