=
CHAPTER I
INTRODUCTION
, A. RATIONALE
The United Nations General Assembly (UNGA) proclaimed
the commencement of the World Programme for Human Rights
Education on January 1, 2005, following the UN Decade for Human
Rights Education in 1995-2004.
Pursuant to that, the Commission on Human Rights (CHR)
of the Philippines issued Resolution Nos. A2007-028 and A2007-
029 urging the Commission on Higher Education and law schools
in the Philippines to offer Human Rights in the Philippine Law
curriculum.
Subsequently, on December 19, 2011, the United Nations
General Assembly (UNGA) adopted the United Nations
Declaration on Human Rights Education and Training.
Article 3 of the declaration states that Human Rights education
ing “concerns all ages” and “all levels” including pre-
mary, secondary and higher education. _
More than sixty (60) years since the adoption of the Universal
Declaration of Human Rights and the ratification of several human
rights treaties by the Philippines, as well as the consequent
enactment of domestic human rights legislations along the way, the
appropriate and formal education and training on human rights
Jaws in the country are still slacking. There are still law schools
that do not offer Human Rights Law as a separate subject, and
majority of university courses do not include the subject in their
curricula. As a result, we have professionals who are only semi-
literate in human rights. Many do not have an inkling of what
the Universal Declaration of Human Rights is all about. Millions
of Filipinos are not aware of the international human rights
conventions that were ratified by the Philippines by virtue of which
obligations arise. Whenever we get some international attention
for human rights abuses, people tend to think that it is just those
iil superpowers” interfering in our affairs again. Many people
€ government do not quite comprehend the concept of “State
‘Sponsibility.” Whenever these government people are taken to
12 INTERNATIONAL AND PHLPINE MAR a
an
task for fue to protect human rights, they tend to think th
jun those hutdmouthed protesters and “communists? com nat
yain, Phislack of oF insufiient education and training of
Fights laws has spawned a lot of unnecessary hatred vyet™®2
Ctolnce in the country, and tis about time that the United n°
declaration be faithfully heeded, ling
Itis interesting to note, though, that the Philippines is,
among the frst countries to ratify important human rights aca?
and was even one of the members of the first United Neti
Human Rights Commission responsible for the drafting of?
Universal Declaration of Human Rights. So, while the enusa.et
the population at home still needs to be educated in order forthe
to know, understand, and respect human rights, ‘=
Without a doubt, the most effective tool against human right
abuse is education: it makes a person les likely to commit human
rights violations, and less likely to become a victim either. As stated
in Article 2 of the UN Declaration on Human Rights Education
‘and Training, “Human rights education and training comprises all
educational training, information, awareness-raising and learning
activities aimed at promoting universal respect for and observance of
‘all human rights and fundamental freedoms and thus contributing
1, inter alia, the prevention of human rights violations and abuses
by providing persons with knowledge, skills and understanding
and developing their attitudes and behaviours, to empower them to
toniribute to the building and promotion of a universal culture of
human righ's.”
‘The aim of this book is to introduce readers to the general
principles of human rights laws, the important human rights
documents, the core human rights treaties, and the strategies and
‘mechanisms for the protection of human rights. Both international
and Philippine sources of human rights law are treatised in this book
ng
B. SCOPE AS A SUBJECT
In the Philippine legal education curriculum,
Human Rights Law is part of Political Law. The Bar
‘on Political Lawin the recent pastasked quite a number of questions
on this particular field of law.
Internationa!
caminations
dent subject in law school, i usually covers
an inde ot Human Rights La, the United Nations
ape general Pry human. rights treaties and their application and
Sym, the Or ens, International Humanitarian Law, and
al Lribunals, In many aspects, the subject
8 nal erin
te a rh Criminal La, Lor Law and Tot
inlet Uf the International Law cours, exphass is given
As art ation system and the Internations! Bil of Rights
he Unie Mn rights treaties are sometimes sidelined in this
Ste
‘pe thrust
a eels the BO
of the United Nations now is to make available at
per education nd taining op human igh aw
ciples of the Universal Declaration on Human
bese 00 Er uman rights documents. The UN Declaration on
righs and tg Education und Training ims to raise “awareness,
Humay nding and acceptance of universal human rights standards
sls an wel as guarantee a the international, gional
end Protinal levels for the protection. of humen rights and
eeijamenal freedoms.” ak
¢. PHILIPPINE CONTRIBUTION TO INTSRNATIONAL
E HUMAN RIGHTS LAW
Philippine contribution to UDHR
‘The Philippines was a member-of the first United Nations
Commission on Human Rights, which was composed of only sixteen
(16) countries, From 1946 to 1948, this Commission was responsible
for the drafting of the Universal Declaration of Human Rights
(UDHR,, the first document to embody the aspirations of states for
‘world community based on the recognition and respect of human
Fights, The Philippines was also one of the original forty-eight (48)
countries that adopted UDHR on December 10, 1948.
Philippine participation on core human rights treaties
Both the International Convention on Economic, Social and
Cultural Rights (ICESCR), and the International Convention onsp ALAPPISE HUMAN RICE yg
pereanaTIONAL
ee
nasnec) were sed BY the Philiping
CP pox entered into force. Howey
, by te Philippines on June7, 1974"
ed he ICCPR was ratified. 1 mgt
aor 23, 1886 ween force in the country frog
" Jaowhen President Ferdinand Marg
Ment Corazon C. Aquino taking over
ras only 19
with Presi
173 to 1983. It wi
toe pid
‘The Philippi
Joo among the fest SiENCTS Of thy
pines was Hans Racial Discrimination. To date
1 Coane re human rights treaties, except ang
the country bas rai ention forthe Protection of All Persong
ie, the Internation’) Cor which entered into force in December
from Enforced Dist noe thatthe Philippines usually signs ang
= ie rights treaties without reservations or comments,
ratifies uma
ines was al
International
‘On women’ rights: the mother" of CEDAW is a Filiping
rman rights treaties that could definite
one ora cen
ay areimination Against Women (CEDAW). Unknown to many,
thers the brainchld of a Filipina Letitid Ramos-Shaha
iit rmer diplomat and senator. She is a genuine trailblazer
for women's rights, and she almost singlehandedly placed the
Phitppines in the international map on Women rights crusade
In 1974 she became the chairperson of the UN Commission on the
Status of Women, which organized the First World Conference on
Women, in Mexico City.
Shahani is credited for the preparation and submission of
the complete draft of the Convention on the Elimination of
Discrimination Against Wonen, even without the clearance from
the Philippine government. This author would like to refer to her
as the “mother of CEDAW.” Another women’s rights instrument
that she pushed for was “The Forward-Looking Strategies for
the Avancomont of Women” PLS). As the Seeretary-Genoral for
~ the Nairobi Conference in 1985, she successfully engineered the
‘Adoption ofthe FLS despite the initial controversy it generated.
INTE ON
mcs 5
Membership to the International Criminat ¢
‘ourt ayo
hous ate the Ineroaonal Crimi
ving become a member only on November i, minal Court,
having tame in actively getting involved in the tye Pt Pbines
Jost owing month, Miriam Defonsor-6; court's actviti
Theft and International Law expert ae on its nat,
a cer ‘expert, was elected as judge nf
the court
p. HUMAN RIGHTS LAWS OF THE PHILIpPIVES
‘The Philippines had been conscientious in complying wi
ovtigivant municipal laws designed to ensure domestic compan
Many of these domestic laws adopt the language and wording waed
international conventions, sony to emphasize the cosncey
‘The sources.of Human Rights jurisprudence inthe Philippines
ro the Philippine-Constitution, legislative enactments, Supreme
eine rules, rulings and-orders, and executive iscuanees. All the
three (3) departments of government are actively involved in the
policymaking aspect of human rights protection. However, the fll,
Pr eution and widespread implementation of such policies still leave
rmuch to be desired.
Philippine jurisprudence on humen rights includes the
following:
1, The Philippine Constitution — Contains the Bill of Rights;
lays down the bases for all the civil, political, economie,
social and cultural rights of persons.
2, Rights of the child
2.1. RA 9344 — Juvenile Justice and Welfare Act of
2006
2.2, RA 7610 — Law Against Child Abuse
2.3, RA 9231 ~ Elimination of the Worst Forms of
Child Labor
2.4, RA.9775 ~ Law Against Child PornographyINTRRNATIONAL AND PHILIPPINE HUMAN tng,
Lay
2.5. RA 8044 — Youth in Nation-Building Act
2.6, RA 6972 — Act Establishing Day C.
Every Barangay Care Centerig
2.7, PD 603 — The Child and Youth Welfare Coq,
Rights of women ze!
3.1. RA 9262 ~ Anti-Violence Against Women
and
‘Their Children
3.2, RA 10364 — The Expanded Anti-Traf
Persons Act of 2012 icking in
3.3. RA 9710 — Magna Carta of Women
3.4, RA 7877 — Law Against Sexual Harassment
8.5. Act 4112 ~ Women Suffrage Act
36, PD 689, as amended — Creating the Nation
‘Commission on the Role of Filipino Women atonal
8.7. £0273 — Philippine Plan for Gender-Responsive
Development
3.8. Pres. Proc. 1172 — Campaign to End Violence
Against Women
3.9. RA 6955 — Act Against Mail Order Brides,
Rights of Lesbian, Gay, Bisexual and Transgender
Persong(LGBT)
4.1. Ang Ladlad vs. COMELEC, April 8, 2010
Rights of Senior Citizens
5.1, RA 7432 — Senior Citizen’s Act
5.2, RA 7876 — Senior Citizen Center Act
5.3. RA 9994 — Expanded Senior Citizen Act
Rights of Disabled Persons
6.1. BP 344-= An Act to Enable The Mobil
Disabled Persons
6.2. RA 7277 — Magna Carta of Disabled Person
ity of
7
46.3. RA 9442 — Law Amending the Magna Carta
Of Disabled Persons
G4. RA 10070 — Act requiring the creation of
Persons with Disability Affairs Office (PDAO) by
Jocal government uni
65. DILG MC 2009-37 — On issuance of
jientifieation cards and purchase booklets for PWDs
6.6. DILG MC 2009-29 ~ On community-based
programs for children with disability
6.7, Adm. No. 35 — Directing departments, bureaus,
agencies and educational institutions to conduct
tetivities during the annual observance of the
National Disability Prevention and Rehabilitation
Week
Rights of Workers and Laborers
74, PD 442, as amended — Labor Code of the
Philippines, incorporating the New Labor Relations
Law and the Prohibition on Discrimination Against
Women
7.2. RA 8024 — Migrant Workers Act
73. RA 10022 — Law amending the Migrant
Workers Act
7.4, RA 8187 — Paternity Leave Act
Right to social security
‘8.1. RA 8282, amending RA 1161 — The Social
Security Law
8.2 RA 8291 — The Government Service Insurance
System Act
Right to Health
9.1. RA 7875 — National Health Insurance Act
9.2. Pres. Proc. 46 — Child and Mother Immunization
Project8 INTERNATIONAL AND PHILIPPINE HUayy
a
10. Right to.a healthy environment
10.1, Oposa vs. Factoran, July 30, 1999
11, Right to privacy
11.1, SCAM. No. 08-1-16-8C — Th
Data Rae on Hat
11.2, RA 9995 — Anti-Photo and Vi
43 nti ‘and Video Voyeurig,
11.3. RA 10173 — Data Privacy Act of 2012
12, Right to life, liberty and security H
12.1, The Anti-Enforcedor Involuntary Dis
‘Act of 2012 ary Disappeerang
12.2. RA 9745 — Anti-Torture Act
12.3. The Rule on the Writ of Amparo
124.Adm. Order 181 ~ Investigation ang
Prosecution of Political and Media Killines
12.5. Adm. Order 197 — Enforced Disappearanois
and Killings
13, Remedies of unjustly arrested and/or detained persons
13.1, RA 7309 — Law Creating the Board of Claims
19.2, Rule 102, Rules of Court — The Rule on Habeat
Corpus
13.3, Rule 9439 — Law Against Hospital Detention
13.4. RA 10368 — Human Rights Vietims Reparation
and Recognition Act of 2013,
14, Rights of accused, victims, and witnesses of crimes
14.1. RA 8505 — Rape Victims Assistance Act
14.2. RA 6981 — Witness Protection Act
14.3. RA 9999 — Free Legal Assistance Act
14.4. RA 946 — Law Abolishing Death Penalty
14.5. Bill of Rights, Philippine Constitution
14.6. Rule 115, Revised Rules of Court
Other human rights violations penalized
ee jg, Act 9815 — Revised Penal Code of the
Philippines
16, Human Rights mechanisms
16.1. EO 163 — Creating the Commission on Human
Rights
16.2.RA 9201 —
Consciousness Week
16.3. PD 443 — On Delivery of Social Services.
National Human Rights
|B CONSTRUCTION OF HUMAN RIGHTS INSTRUMENTS
rumen Rights law is dynamic, and continues to evolve. The
Hund embodying human rights trealies, laws and principles
insramem™ instruments that must be interpreted in the light of
are “ving’ etorrounding and. attendant. to every case. "Thay
ret pe tied down to obsolete practices and beliefs but havé to be
aa del nalcoges iy wen ee
Toyrelevance at all. )
When a human rights law has the effect of modifying another
tev without repealing the latter, an attempt at harmonizing
fen has to be made. For instance, the law against trafficking in
persons makes clear that trafficked prostitutes are to be considered
fine end are not to be prosecuted. However, the trafficking
law does not operate to repeal Article 202 of the Revised Penal
(ie on prostitution absolutely. Thus, this law punishing women
fr postition atil remains, it being one of the few remaining
dactininatory laws against women in Uhis country. Where two (2)
‘oparently inconsistent laws ean stand independently, they have to
beinterpreted inTavor ofthe validity of both. Thus, a prostitute who
Snot trafficked, or a freelance commercial sex worker, may still be
‘ellabe for prostitution under the Revised Penal Code. (The part”
‘Arce 202 on Vagrancy was finally repealed in April 2012.)CHAPTER II
HUMAN RIGHTS, ITS ATTRIBUTES, ORIG
THREE “GENERATIONS” | N AND Tig
I A. MEANING OF HUMAN RIGHTS
‘The Preamble of the Universal Declaratio
(UDHR) mentions the “inherent dignity and oy Auman Righty
inalienable rights of all members af the human’ ange ttl nd
Fights are not granted by the State, nor stemmed from tan
ina country. Human rights are rights itizenship
being a member of the human species
Many in the Philippines think that human rights ob
7
are purely governmental, or that the scope ofthe right = eet
to political beliefs, or that human rights pertain i. cet
economic or social rights of« particular exclusive group offen
Often, this myopic view gots abused for political agends we
we see human rights violations committed by state-agenta rss
aro supposed to protect human rights, just as we see violeties
committed even by elements calling themselves “human rights
advocates.” We see many armed conflicts fought in the name a
freedom and human rights, and yet we see the innocent and the
peace-loving being deprived of their rights and freedoms because
of these so-called “freedom” wars. Without a more open-minded
and comprehensive understanding of human rights, there will
always be the possibility to address one aspect but at the same
time violate another.
Human rights law is a broad field, and includes not only tbe
relationship between men and government, or the civil and political
Tights of the people, but extends as well to their economic, social and
cultural rights, to the right to development and a peaceful and clean
environment where they could develop in all facets as human beings.
It covers education, employment, health, family, and marraet
famong many others. More importantly, it covers every individet
and does not operate to protect exclusively only a particular Fos?
of people. Both private individuals and public officers have
to respect each other's rights.
10
n
auto SS ATTRINUTES, ORIGIN AND THE THREE “GENERATIONS*
co TS,
i
ATTRIBUTES OF HUMAN RIGHTS
tn n Rights have the following attributes,
Universal. — Human rights apply to all humans,
regardless of race, culture, age, sex, or creed,
1
Human
»
Inherent. — All human beings are born with these
rights; these are not conferred by any authority,
gual. — Every human being has the same set
of rights as any other. Article 1 of the Universal
Declaration of Human Rights states that, “All
human beings are born free and equal in dignity
and rights.
Inédi@nable. — Human rights cannot be taken
from or given away by any human, While its
exercise may be regulated or restricted by law, its
substance cannot be taken away.
»
3)
4)
IL (ORIGIN OF HUMAN RIGHTS
“Human Rights” is @ relatively modern concept that gained
considerable attention only after World War IL. Although the rights
sfsen areas old as man himself, the concept of human rights and
thee protection by the State were unheard of then.
Suciety needed a government for order and survival. However,
inthe past, most government systems were despotic in nature,
the Philippines included. We had the datus and the rajahs before
‘the Spanish came to colonize us and place the nation under the
azatol of Spain. Despotic systems had rulers with vast powers,
saercising the roles of lawmaker, judge, landowner, people-owner,
high priest, and in some imperial systems, even the son of God or
‘supreme deity. Social order centered on the ruler and the elite,
is fr some reasons, tend to develop hubris syndrome. We read
of kings who ordered the killing of subjects without hearing their
{as cven for the fimsiest reasons, in very brutal ways, auch as
Sming, mutilation, and feeding to wild animals. Subjects rendered
tea’ mithout compensation all their lives for the enrichment of
j Jalty and nobody eared how they managed to survive in their
‘afar. The peasantry was not the only clase deprived of theira INTERNATIONAL AND PUIAMPINE gay,
eo
human rights. History tells us that members of the
suffered when they fell from the ruler's grace, Pvally
Although some of the religions started off aq
dictatorial regimen, some of them evolved ints toe
themselves. When some religions became very powesft
them became selfish controlling, manipulative und exe "2"
the medical perio, region was sometimes used as gay
of imperialism, to eonquer not only lands but ala the ma
pepe into submission. Several bloody erusades were a th
‘name of religion. In Europe and Asia, there were. religious Mint,
who wielded so much power not only in their churek, ey
governmuant and in businoss, Dat al
"
tor
hy,
u
Back hen, the members ofthe working clas w
five them. Human Rights protection forthe peasanty way ga
af reedon of expression was taken as heresy, and the monanie
religious leaders were the absolute authority a
In the late 1800's and the beginning of 1900%s, science a
education empowered more people and made them more enticg
‘The working class started to assert itself, and the elite bern
to treat workers better. The transition was a difficult time iy
both classes, and a lot of blood was shed to drive home the pin
Consequently, more liberal rulers emerged, and more demorate
governments developed. The monarchies became more peop
oriented, end commoners began occupying important postin
in government. The world started becoming more liberal ini
outlook and respectful of the individual's freedom to think ani
believe. Religions, on the other hand, started accepting schoss
of thought which otherwise would have been regarded as hers
and outrageous. In fact, many religious educational insttutim
could be credited for some of the early stages of human right
education. i
‘As the necessity for trading and mutual assistance ae”
countries became inevitable, organized governments and econosie
started forging diplomatic relations. The League of Nations wi
horn in the 1920's, and the concepts of sovereignty, independens =
and interdependence were formalized among the members oft
Soa “ae
sy ARNT ORIN AND THREE NATION
ana -
ve. Yet, at that time, human righ's principles were
ee int for the outlawing of slavery and giving
iy of excel
fa writs oe .
pat ck and the wounded in times o war.
wie 1 (2) world wara when the issue of human
c destructive effects of the wars impelled
ries to come together and forge an
caterent. coun
sn world order throug the prtection of human
ct 0G 1945, the Charter of the United Nations was
On June tember 10, 1948, the United. Nations General
or tr adopted the Universal Declaration of Human
Asse! }) has since been observed as International
nhs Dogs, Other treaties and protocols were thenceforth
Hasan oy sates, To tit day, thee are ten 20) core human
Sener
D. THREE (3)*GENERATIONS” OF HUMAN RIGHTS
‘The three (3) generations of human rights refer to the ordér in
siag nen particlar et of fighls began to develop and gain the
amnion by states. The term “generation” does not mean that one set
Sgeup eame after another set or group, or that the frst “generation”
weendered obsolete when the second “generation” emerged. The
‘onntions” are fot also stages of the rights, because the third
ipreration is not mere improvement of the seconé, nor the second.
“Frere improvement of the first. Rather, the term “generation” refers
to the succession of periods when societies and governments began
recognizing aset of rights, though not necessarily inthe order of man's
rity, for man’s frst priority was more economic than poltial, such
as the right to food, ete, a right recognized by humans long before
{premments and rulers eame into being.
u
1. First generation human rights refer mostly to the
politcabrights and vil liberties found in the International
Covenant on Civil and Political Rights(ICCPR), such asthe
Prohibition agninst searches and seizures, interruption of
Peaceful meetings, or undue intervention to the freedom
of expression. These are “negative” rights in the sense
that they prohibit the doing of ‘something. They are the
“No one shall” rights weeriened
TH {
MBL fy“
TERNATIONAL AND PLPPINE HUMAN py
omy
Second generation human rights are “positiyer
that enjoin States to perform an act or do ana eth
the enjoyment of these rights by the people, 1 &t
mostly economic, social, and cultural rights ft
the International Convention on Economie, Saag’ i
Cultural Rights (ICESCR), such as the right to meet
education and to fod, They are the “State shall rg,
Third generation butan rights are newly oe,
rights, uch as the right to development, the newt
the people to lve ina clean environment right ag
pence, ote Thess are also known an a
CHAPTER III
STATE RESPONSIBILITY
wn THE STATE?
‘ ‘much clamor for the observance of human rights,
Fe Oe aan and in media, The term human rights is
3 ort: but how fully do we understand it? Many of
a oywor corm ually crops up only when the vt i a
coh We often het the gripe "Pag rebelde ongbiktina,
Eat man gh Pr eps o soo on aes,
arent”
restate an guarantor of human rights
js not the giver of human: rights, for these are inherent
Theta ie he ole)of the State in the social order is
jn ll barat members of séciety acknowledge its authority and
tose a cople properly. In turn the State must recognize
ago herds and feedoms that are inherent in them
sate Fe geen away, With this region i the State's duty
ind Rrantee the continued enjoyment by the people of their rights.
loguranse Sirdar to achieve a orderly society where there
-rails a harmonious relationship between the ruler and the ruled,
te ‘ruled must bow to the authority of the ruler, and the ruler must
respect the inherent rights and fundamental freedoms of its citizens.
‘As guarantor of human rights, the State may be held
ssounile when people are deprived oftheir rights by its tion
x nacton
(Nolsuch guarantee exists on the part of private entities and
siliaas Ia security guard at a shopping mall checks a cusfoiner’s
gon entrance, the customer cannot invoke the protection against
‘arratless and illegal searches, and sue the mall for violation
ct hisher human rights for the guard's act, The Supreme Court
nade a very instructive ruling on this in the ease of People of the
Fhilppines vs. Andre Mart,' which will be discussed later. It does
fe
a e
6, aay 1, 3983,
5
en
1.6 107 ded ntyssXATIONAL AND PHILIPPINE HUMAN
cever, that private persons are exempt from j
vies *:tlations. They still are, although net tabi
re of our existing “human rights mechanism,
Tnder criminal law. Nonetheless, the Philippine ratification ‘ret
Fame Statute in November 2011 may subject Filipino individyay
snrnational criminal liability for certain offenses. Human ry
Rholars also opine that corporations could be liable for hues
rights violations.
for the meaningful enjoyment of human rights by
while aintaining the delicate balance of ensuring a peace
Grdeny society under a regime of the rule of law, the State may
evulate and limit certain activities of its people. By virtue of
Pelice Power, Congress may pass laws to uphold and promge
human rights as well as set parameters within which they ean be
njoved. Executive officials may implement programs to enhane
the conditions of the people and enforce laws for the observance of
those parameters, and the Supreme Court may issue orders and
‘writs to protect human rights. In short, that “delicate balance” ran
nly be achieved ifthe State promotes the respect for huian rights
fand members of society acknowledge that the enjoyment of certain
Tights is subject to the State's prudent and reasonable exercise of
Police Power. Thus, the wisdom and application of the legal maxin
in property lawr*Sic utere tuo ut alienum non laedas” (*S0 use your
‘wn as not to injure another's property").
rot meat
for human rie!
within the sphet
Human Rights and the Rule of Law
In order for society to strike the delicate balance between
the government's authority to rule and the people's entitlement to
their inherent rights, a strict adherence to the Rule of Law must be
observed. : :
Under the Rule Of Law, “the law is preeminent and can ser
«as a check against abuse of power.”* This is opposed to Rule By Lew,
‘where the law serves “as a mere tool for a government that suppress
ina legalistic fashion.®
Fiamma, yan On The Rule of awe try, Polis, Theory, Cambridge Univesity ess 20M
segchree ln ptevar Sugar
oo
is perhaps no better illustration of the contrast hetw,
There of Law and Rule By Law than thisone by Presse
ape terms De The early concepts of Rule of Law included those which
[aSbuswng at the whim of princes and rulers for their subjcetsto
ser eng conaered as ule of Law ony that set of ava whch
sey. Anette Cason, and as Rule of Man that which was haseg on
sas based a” Trjona! Many of these laws were not always just ard
dora Tex sed lex” maxim became more of a threat rather
Iereby people can seek redress for grievances,
tren no, the term Rule of Law has been so used snd abused
eel becoming hollow concept. But the "Rule of Law
tbat it THould not be confused with the use of procedural
seamen hich are allowed under certain rules or regulations,
Sens a
Dest ieglity to am act, Dut could infact be “suppression in a
are ashon® the very thing that is anathema tothe Rule of
Mee shy line of argument actually anchors on rules rather
sa ynand pertains to rules” as ast of preseribed regulation,
thon to “rule” a the authority for good governance, Rules
ree onc eubvert che aw, ond the law inant confor fe
sr tional imitations, Both must not be used asa shield to cover
stats The genuine concept of Rule of Law ie and should be
ea tat promotes and respects human rights.
Violations by “State actors”
States are abstract entities, they do not act on their own.
stuies act through their agents, or “state actors.” When a State
actor violates the human rights of an individual, it is deemed a
violation by the State itself. Part 1, Chapter 2 of the Articles on
State Responsibility provides the basis for State accountability
‘when a public officer violates the rights of an individual. This is
the reason why demands for human rights are made against the
vernment when, for instance, a police officer fails to observe the
Munda warning, or makes shortcuts in implementing the law, or
‘anhandles a street parliamentarian or violates a person's right to
Privacy
on
we
EtINTERNATIONAL AND PHILIPPINE HUMAN ci
Lam,
Violations by private individuals
dividuals of groups can commit human rights yj
and cua be held lable for such. Individual Fesponsibin
ar a ights violations committed by private persons aru 42,
etipunished under the criminal law system, @ field of aw wh
and eich intertwined with Human Rights Law, but is offeregt?
werurate subject in the Law curriculum. Thus, a person who depr
wept of his life, liberty, oF property may be charged under
itu for homicide, kidnapping, oF robbery, for instance. For en
happen, the act or omission must be defined and penalized ung
fan existing domestic law, otherwise the offender could not be hel
Tiable for i Nulla poena sine lege (There is no crime if there ig4
law punishing the act or omission).
In order that human rights violations committed by individual
who are not “State actors” can be properly dealt with, i is necesun
that:
‘The State, through its lawmaking body, must onset
the appropriate laws to criminalize the human rights
violations, and
b. The State, through its judiciary, must provide adequate
judicial remedies.
State liability for human rights violations committed by
“non-State actors”
State liability may attach for human rights violations
committed by “non-State actors” if the State failed to pass laws to
protect its people from these violations, and to provide for adequete
judicial remedy. The State's role as guarantor of human rights
‘enjoyment and protection carries with it the obligation to ensure
that State actors and non-State actors do not violate them.
I B. INTERNATIONAL STATE RESPONSIBILITY
Whenever a State ratifies a human rights treaty, it ony
itself not only to observe the standards set forth in the treaty an
see to it that its agents do likewise, but also to enact domestic lav*
19
cuATTE SF oNsINILATY
cunt
lations in order to hold private individuals accountable,
2 eee enT principle in international law is that indwideas
raditior
sctly bound by it, for individuals are not subjects at
‘The ne
ire lr yrange trsty the Sate gree ok
interme pational law and thereupon incurs responsibility. Tn tum,
5 mtermthas to ensure that the obligations under the treaty are
the Stal? Tithin its jurisdiction by its people, Hence, the duty to
obser corresponding laves of local application,
enue
‘the State's responsibilityto ensure compliance wth international
hes obligations does not end with the enactment of lca law;
voan no se toi that those aggrieved by the violation of these
itahoul Mave edequate judicial remedy. It is thus important that its
sa mas the mechanisms, the integrity, and the accessibility to
ede justice for vietims of human rights abuses,
International State responsibility for internationally
wrongful acts i
In the international level, State liability may be incurred for
intemationally wrongful acts, The Articles on Responsibility of States
for Internationally Wrongful Acts adopted by the International Law
Commission in 2001, provides in Article I that, “Every internationally
turongful act ofa State entails the international responsibility of that
State.” -
Article 2 of the Articles enumerates the fallowing elements of
an internationally wrongful act of the State:
1) ‘The act or omission is attributable to the State under
international law;
2) ‘The conduct constitutes a breach cf an international
obligation of the State. :
The State responsibility extends to acts committed by
instrumentalities of the State. Persons and entities which have
the status of organs in the internal law of the State are included
it the term(“State organs.t So also are persons and entities who,
Although not organs of a State, are empowered by a law of that State
‘exercise elements of governmental authority.[TERNATIONAL AND PHILIPPINE HUMAN gy
My
expressly provides that, “The conduct of any
onandered an act of that State under intern, Se
lng
Article 4
organ shall be
tre ghether the organ exercises legislative, executive, judi
2H her functions, whatever position it holds in the organ?
o and whatever its character ofthe central organ in
of the Stat °
government or of territorial unit ofthe State.
States also incur liability. if they’ fal? 0 prevent py
individuals o groups ftom violating the human rights of othe M
its Comment, the UN Human Rights Committee stated thats
» ive obligations on States Parties to ensure Covenant rights
Pais ally discharged if individuals are protected bythe Se
Mt just against violations of Covenant rights By its agen,
‘also against acts committed by private Dersons or entities ihe
sro impair the enjoyment of Covenant ryghts in so far as they an
amenable to application between private persons or entities, Ther
say be circumstances in which a failure fo ensure Covenant righten
required by article 2 would give rise to violations by States Partesy
thoee thts, as a result of States Parties’ permitting or failing ota,
“appropriate measures or to exercise due diligence to prevent, pink
senestugate or redress the harm caused by such acts by private pean
or entities. States are reminded of the interrelationship betcen th
positive obligations imposed under article 2 and the need to pro
nective remedies in the event of Breach under article 2, paragraph
$. The Covenant itself envisages in some articles certain ars
lohere there are positive obligations on States Parties to addres th
activities of private persons or entities. For example, the prvay
related guarantees of article 17 must be protected by law. It isa
implicit im article 7 that States Parties have to take positive measurs
toenaure that private persons or entities do not inflit torture or er
inhuman or degrading treatment or punishment on others within
their power. In fields affecting basic aspects of ordinary life suck s
‘work or housing, individuals are fo be protected from diseriminatia
within the meaning of article 26.”
Inthelandmark Velasquez-Rodriguez.case® the Inter-Americs:
Court of Human Rights found that the vietim Manfredo Velasqee
‘Tarmce 4 Draft Atle onthe Responsibly of States for Internationally Wrongful ACs
tonal Law Commision, adopted at he 53d Seon 2003 we
NtavueeRodrques Mondor, ner American Court of Haman Rs iy 29,908
Cine. (1988,
NEEM Pa
ed in the “hands of OF with the acquiew
wihin the framework of a putter or pr
‘The Honduran government’ fui
ron on the dikappearance, compound
a tothwart the victims’ plea for-an inves
nee” of Honduran
ctice which wan
"6 to conduct an
with allegations of
. tigation, was deemed
attention of governments involvement in the diappeaen
tne qunatdirctevience ofthe kidnapping woul be uneven
sea iy been suppressed bythe government isle Ke el tat
vg ernaioal La, a mpuiement of the burma rhs
under ch is attributable. to public authority, “amuten se
ver table to the State, Which shall sume respon
perivative State responsibility for complicity
‘the general rules on attributing State Responsibility were
mentioned earlier, ie, (a) dircet_responsibiity of the State
merited by State actors, and () esponsibility for als outed
rife actors when the Staie failed to pass laws. prevent
nd punish Violations, and to provide adequate legal remedies. So
‘Renext question is, ean @ State be held liable for the acts of
‘another State?
‘Under our domestic criminal laws, @ person can be held lable
Jortheaets of anotherby reason of conspiracy, or when he contributes
tothe commission of the crime oF to the success of the criminal as a
principal, accomplice, or accessory. To be considered such, he must
fave performed an overt act. As a rule, mere presence at the seene
afte erime oF acquiescence to the act is not punished.
Under International Law, a State may be held liable
for a buman rights violation even if it did not directly commit
the act constituting the violation, provided that it assisted in
the commission of the uct or allowed it to happen, similar to
einspirator, accomplice, or accessory iH OUF Criminal law.
Articles 16 and 17 of the Articles on State Responsibility provide
fr “deringtigg responsibility,” which is
aaibilty,” which is present where (a)
the Sif sn the commission by another of the
iateratidnaly wrt ct and (b) the State exerelses direct
eS