Manila Law College

Human Rights Law

Summer Class
July-August 2022
Atty. Victoria V. Loanzon

I. PRELIMINARIES
A. IPUNTERNATIONAL LAW is essentially the law which governs the relationship between
nation-states, although the subjects of international law now also extend to individuals,
international organizations, and other actors.
The Permanent Court of International Justice in the Lotus Case declares: “International Law
governs relations between states. The rules of law binding upon states therefore emanate from
their own free will as expressed in conventions or by usages generally accepted as expressing
principles of law and established in order to regulate relations between those co-existing
independent communities or with a view to the achievement of common aims.” (Series A, No.
10, 1927, p.18 as cited in Magallona, Fundamentals of Public International Law (2005), p. 3.

B. RELATIONSHIP BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW

International law may become domestic law through the doctrine of transformations, which is
constitutional machinery of Congress; or through the doctrine of incorporation which allows the
international become municipal by operation of law, such as an incorporation clause.
In states where the Constitution is the highest law of the land, such as the Republic of the
Philippines, both statutes and treaties may be invalidated if they are in conflict with the
Constitution. (Secretary of Justice v. Hon. Ralph C. Lantion, G.R. No. 139465, Jan. 18, 2000, En
Banc [Melo])
The Supreme Court has the power to invalidate a treaty under Sec. 5(2) (a), Art. VIII, 1987
Constitution.

C. SUBJECTS OF INTERNATIONAL LAW

The subjects of international law are –
1. States;
2. International Organizations; and
3. Individuals

D. PRINCIPLES OF JURISDICTION OF STATES

1. Territoriality Principle
Under the Territoriality Principle, the fundamental source of jurisdiction is sovereignty
over territory. A state has absolute, but not necessarily exclusive, power to prescribe,
adjudicate and enforce rules for conduct that occurs within its territory.
2. Nationality Principle and Statelessness
The Nationality Principle provides that every state has jurisdiction over its nationals even
when those nationals are outside the state. Stateless persons are those who do not have a
nationality. They are either de jure or de facto stateless.

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 De jure stateless persons are those who have lost their nationality, if they had one, and
have not acquired a new one. De facto stateless persons are those who have a nationality
but to whom protection is denied by their state when out of the state.
3. Protective Principle
The Protective Principle provides that a state may exercise jurisdiction over conduct
outside its territory that threatens its security, as long as that conduct is generally
recognized as criminal by states in the international community.
4. Universality Principle
The Universality Principle recognizes that certain activities, universally dangerous to
states and their subjects require authority in all community members to punish such acts
wherever they may occur, even absent a link between the state and the parties or the acts
in question.
5. Passive Personality Principle
The Passive Personality Principle asserts that a state may apply law — particularly
criminal law — to an act committed outside its territory by a person not its national where
the victim of the act was its national. The principle has not been ordinarily accepted for
ordinary torts or crimes, but it is increasingly accepted as applied to terrorists and other
organized attacks on a state’s nationals by reason of their nationality, or to assassination of
a state’s diplomatic representatives or other officials.

II. CONCEPTUAL FOUNDATIONS OF HUMAN RIGHTS

A. THE DEVELOPMENT OF HUMAN RIGHTS AS A CONCEPT AND ITS

PROTECTION AS A GLOBAL COMMITMENT
1. Human rights may be classified as -
a. Individual rights; and
b. Collective rights
The term human rights evolved from the Greco-Roman concept of natural rights.
However after World War II, a broader term of “human rights” evolved which refer to a
wide variety of values and capabilities owing to the diversity of human circumstances
and history. They are conceived of as universal, applying to all human beings whether as
individuals or a collective group.

B. HUMAN RIGHTS UNDER THE U.N. CHARTER

1. Article 1(3): To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to race,
sex, language, or religion.
2. Article 55: With a view to the creation of conditions of stability and well-being which are
necessary for peaceful and friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples, the United Nations shall promote:
1. higher standards of living, full employment, and conditions of economic and social
progress and development;
2. solutions of international economic, social, health, and related problems; and
international cultural and educational cooperation; and

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 3. universal respect for and observance of human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion.

3. Article 56: All Members pledge themselves to take joint and separate action in co-operation
with the Organization for the achievement of the purposes set forth in Article 55.

C. THREE GENERATIONS OF HUMAN RIGHTS

The three generations of human rights are:
1. LIBERTY - civil and political rights (the rights to life and liberty and the rights to
freedom of speech and worship);
2. EQUALITY - economic, social, and cultural rights (the right to work and the right
to an education); and
3. FRATERNITY - collective or solidarity rights (the rights to self-determination,
development, peace, and a healthy environment)

III. INTERNATIONAL HUMAN RIGHTS LAW

A. COMPOSITION OF INTERNATIONAL BILL OF RIGHTS

1. Universal Declaration of Human Rights
2. International Covenant on Civil and Political Rights and the two Optional Protocols on
International Covenant on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights

READ – SECTIONS 1 TO 22, BILL OF RIGHTS, 1987 CONSTITUTION

READ – Article XIII, HUMAN RIGHTS, 1987 CONSTITUTION

B. UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights was adopted by the U.N. General
Assembly, composing of 48 countries, on December 10, 1948. The UDHR is
considered as a “common standard of achievement for all peoples and all nations.”
The thirty (30) rights and freedoms set out in the UDHR are:
Article 1: We are all born free. We all have our own thoughts and ideas, and we should all
be treated the same way.
Article 2: The rights in the UDHR belong to everyone, no matter who we are, where we’re
from, or whatever we believe.
Article 3: We all have the right to life, and to live in freedom and safety.
Article 4: No one should be held as a slave, and no one has the right to treat anyone else as
their slave.
Article 5: No one has the right to inflict torture, or to subject anyone else to cruel or
inhuman treatment.
Article 6: We should all have the same level of legal protection whoever we are, and
wherever in the world we are.
Article 7: The law is the same for everyone and must treat us all equally.
Article 8: We should all have the right to legal support if we are treated unfairly.
Article 9: Nobody should be arrested, put in prison, or sent away from our country unless
there is good reason to do so.

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 Article 10: Everyone accused of a crime has the right to a fair and public trial, and those
that try us should be independent and not influenced by others.
Article 11: Everyone accused of a crime has the right to be considered innocent until they
have fairly been proven to be guilty.
Article 12: Nobody has the right to enter our home, open our mail, or intrude on our
families without good reason. We also have the right to be protected if someone tries to
unfairly damage our reputation.
Article 13: We all have the right to move freely within our country, and to visit and leave
other countries when we wish.
Article 14: If we are at risk of harm, we have the right to go to another country to seek
protection.
Article 15: We all have the right to be a citizen of a country, and nobody should prevent
us, without good reason, from being a citizen of another country if we wish.
Article 16: We should have the right to marry and have a family as soon as we’re legally
old enough. Our ethnicity, nationality and religion should not stop us from being able to
do this. Men and women have the same rights when they are married and also when they’re
separated. We should never be forced to marry. The government has a responsibility to
protect us and our family.
Article 17: Everyone has the right to own property, and no one has the right to take this
away from us without a fair reason.
Article 18: Everyone has the freedom to think or believe what they want, including the
right to religious belief. We have the right to change our beliefs or religion at any time, and
the right to practice our chosen religion publicly or privately, alone or with others.
Article 19: Everyone has the right to their own opinions, and to be able to express them
freely. We should have the right to share our ideas with who we want, and in whichever way
we choose.
Article 20: We should all have the right to form groups and organise peaceful meetings.
Nobody should be forced to belong to a group if they don’t want to.
Article 21: We all have the right to take part in our country’s political affairs either by freely
choosing politicians to represent us, or by belonging to the government ourselves.
Governments should be voted for by the public on a regular basis, and every person’s
individual vote should be secret. Every individual vote should be worth the same.
Article 22: The society we live in should help every person develop to their best ability
through access to work, involvement in cultural activity, and the right to social welfare.
Every person in society should have the freedom to develop their personality with the support
of the resources available in that country.
Article 23: We all have the right to employment, to be free to choose our work, and to be
paid a fair salary that allows us to live and support our family. Everyone who does the same
work should have the right to equal pay, without discrimination. We have the right to come
together and form trade union groups to defend our interests as workers.
Article 24: Everyone has the right to rest and leisure time. There should be limits on
working hours, and people should be able to take holidays with pay.
Article 25: We all have the right to enough food, clothing, housing and healthcare for
ourselves and our families. We should have access to support if we are out of work, ill,
elderly, disabled, widowed, or can’t earn a living for reasons outside of our control. An

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 expectant mother and her baby should both receive extra care and support. All children
should have the same rights when they are born.
Article 26: Everyone has the right to education. Primary schooling should be free. We
should all be able to continue our studies as far as we wish. At school we should be helped to
develop our talents and be taught an understanding and respect for everyone’s human rights.
We should also be taught to get on with others whatever their ethnicity, religion, or country
they come from. Our parents have the right to choose what kind of school we go to.
Article 27: We all have the right to get involved in our community’s arts, music,
literature and sciences, and the benefits they bring. If we are an artist, a musician, a writer
or a scientist, our works should be protected, and we should be able to benefit from them.
Article 28: We all have the right to live in a peaceful and orderly society so that these rights
and freedoms can be protected, and these rights can be enjoyed in all other countries around
the world.
Article 29: We have duties to the community we live in that should allow us to develop as
fully as possible. The law should guarantee human rights and should allow everyone to
enjoy the same mutual respect.
Article 30: No government, group or individual should act in a way that would destroy the
rights and freedoms of the Universal Declaration of Human Rights.

C. International Covenant on Civil and Political Rights (ICCPR)

The ICCPR was adopted and opened for signature, ratification, and accession by the
U.N. General Assembly Resolution 2200 of December 16, 1966. It entered into force
on March 23, 1976.
The covenant is divided into six parts, to wit:
Part 1 (Article 1) recognizes the right of all peoples to self-determination, including the
right to "freely determine their political status,” pursue their economic, social and
cultural goals, and manage and dispose of their own resources. It recognizes a negative
right of a people not to be deprived of its means of subsistence, and imposes an obligation on
those parties still responsible for non-self- governing and trust territories (colonies) to
encourage and respect their self-determination.
Part 2 (Articles 2 – 5) obliges parties to legislate where necessary to give effect to the rights
recognized in the Covenant, and to provide an effective legal remedy for any violation of
those rights. It also requires the rights be recognized "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," and to ensure that they are enjoyed equally by women. The
rights can only be limited "in time of public emergency which threatens the life of the
nation," and even then no derogation is permitted from the rights to life, freedom
from torture and slavery, the freedom from retrospective law, the right to personhood,
and freedom of thought, conscience, religion and freedom from medical or scientific
treatment without consent.
Part 3 (Articles 6- 27) Rights protected under the ICCPR include:
Article 6 – The right to life.
Article 7 – Freedom from torture.
Article 8 – The right to not be enslaved.
Article 9 – The right to liberty and security of the person.
Article 10 – The rights of detainees.

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 Article 11 – The right to not be imprisoned merely on the ground of inability to fulfil a
contractual obligation.
Article 12 – Freedom of movement and choice of residence for lawful residents.
Article 13 – The rights of aliens.
Article 14 – Equality before the courts and tribunals (Right to a fair trial).
Article 15 – No one can be guilty of an act of a criminal offence which did not constitute a
criminal offense.
Article 16 – The right to recognition as a person before the law.
Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – The right to freedom of thought, conscience and religion.
Article 19 – The right to hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – The right of peaceful assembly.
Article 22 – The right to freedom of association with others.
Article 23 – The right to marry.
Article 24 – Children’s rights
Article 25 – The right to political participation.
Article 26 – Equality before the law.
Article 27 – Minority protection.

LIMITATIONS: Article 4 of ICCPR allows for certain circumstances for States Parties
to derogate from their responsibilities under the Covenant, such as during times of public
emergencies. However, State Parties may not derogate from Articles 6, 7, 8 (paragraphs I and
2), 11, 15, 16 and 18.
Part 4 (Articles 28 – 45) governs the establishment and operation of the Human Rights
Committee and the reporting and monitoring of the Covenant. It also allows parties to
recognize the competence of the committee to resolve disputes between parties on the
implementation of the Covenant (Articles 41 and 42).
Part 5 (Articles 46 – 47) clarifies that the Covenant shall not be interpreted as interfering
with the operation of the United Nations or "the inherent right of all peoples to enjoy and
utilize fully and freely their natural wealth and resources".
Part 6 (Articles 48–53) governs ratification, entry into force, and amendment of the
Covenant.
2. The Optional Protocol to International Covenant on Civil and Political Rights are:
(1) First Optional Protocol - It was entered into force on March 23, 1976. It was
adopted to enable private parties who are victims of human rights
violations to be heard. The Human Rights Committee (Committee), which is
established by the Covenant, has the jurisdiction to receive, consider and hear
communications from victims. The first Optional Protocol came into force with the
Covenant. There are currently 35 signatories and 115 parties to this protocol.
.
(2) Second Optional Protocol - This protocol aims to abolish the death penalty. It was
entered into force on July 11, 1991 and it currently has 37 signatories and 81 parties. The
significant provisions of this protocol are:
Article 1.

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 1. No one within the jurisdiction of a State Party to the present Protocol shall be
executed.
2. Each State Party shall take all necessary measures to abolish the death penalty within its
jurisdiction.
Article 2
1. No reservation is admissible to the present Protocol, except for a reservation made at
the time of ratification or accession that provides for the application of the death penalty
in time of war pursuant to a conviction for a most serious crime of a military nature
committed during wartime.
2. The State Party making such a reservation shall at the time of ratification or
accession communicate to the Secretary-General of the United Nations the relevant
provisions of its national legislation applicable during wartime.
3. The State Party having made such a reservation shall notify the Secretary-General of
the United Nations of any beginning or ending of a state of war applicable to its territory

D. International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a
multilateral treaty adopted by the United Nations General Assembly on 16 December 1966. It
came in force from 3 January 1976. It commits its parties to grant economic, social, and
cultural rights (ESCR) to the non-self-governing and trust territories and individuals. As of
July 2020, the Covenant has 171 parties.
The ICESCR is also divided into five parts, to wit:
Part 1 (Article 1) recognizes the right of all peoples to self-determination, including the
right to "freely determine their political status pursue their economic, social and
cultural goals, and manage and dispose of their own resources. It recognizes a negative
right of a people not to be deprived of its means of subsistence, and imposes an obligation on
those parties still responsible for non-self- governing and trust territories (colonies) to
encourage and respect their self-determination.
Part 2 (Articles 2–5) establishes the principle of "progressive realization" (see below.) It
also requires the rights be recognised "without discrimination of any kind as to race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or
other status". The rights can only be limited by law, in a manner compatible with the nature
of the rights, and only for the purpose of "promoting the general welfare in a democratic
society".
Part 3 (Articles 6–15) lists the rights themselves. These include rights to
1. work, under "just and favourable conditions," with the right to form and join trade unions
(Articles 6, 7, and 8);
2. social security, including social insurance (Article 9);
3. family life, including paid parental leave and the protection of children (Article 10);
4. an adequate standard of living, including adequate food, clothing and housing, and the
5. "continuous improvement of living conditions" (Article 11);
6. health, specifically "the highest attainable standard of physical and mental health" (Article
12);
7. education, including free universal primary education, generally available secondary
education, and equally accessible higher education. This should be directed to "the full

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 development of the human personality and the sense of its dignity,” and enable all persons to
8. participate effectively in society (Articles 13 and 14);
participation in cultural life (Article 15).
Part 4 (Articles 16–25) governs reporting and monitoring of the Covenant and the steps
taken by the parties to implement it. It also allows the monitoring body – originally
the United Nations Economic and Social Council – now the Committee on Economic, Social
and Cultural Rights – see below – to make general recommendations to the UN General
Assembly on appropriate measures to realise the rights (Article 21).
Part 5 (Articles 26–31) governs ratification, entry into force, and amendment of the
Covenant.
Read the following cases:
Civil and Political Rights
1. Ang Ladlad Party List v. COMELEC
2. Imbong v. Ochoa
3. Nicolas-Lewis v. COMELEC
Economic, Social and Cultural Rights
1. Ichong v. Hernandez
2. Manila Prince Hotel v. GSIS
3. Isagani Cruz v. DENR Sec. Victor Ramos
4. Manosca v. Court of Appeals and DECS
5. Almario et al. v. Executive Secretary
6. Knights of Rizal v. DMCI et al.
The Right of Self-determination
1. Republic v. Cagandahan
2. Province of North Cotabato v. Government of the Republic of the Philippines – Peace Panel
Environmental Rights
1. Oposa v. Factoran
2. MMDA et al. v. Concerned Residents of Manila Bay
3. Maynilad v. DENR Secretary

IV. FUNDAMENTAL HUMAN RIGHTS UNDER EXISTING MULTI-LATERAL

AGREEMENTS
A. RIGHTS AGAINST GENOCIDE (Refer to the Genocide Convention)
1. What is genocide?
2. What are the acts under the Genocide Convention?
3. What are protected groups in the law on genocide?
4. Is genocide a crime under international law?
5. Which courts will have jurisdiction over acts considered as genocide?
6. May genocide be considered a political offense which will not subject a person to extradition?
7. Are heads of States and governments immune from the prosecution of genocide?

B. RIGHT AGAINST TORTURE (Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment [CAT])

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The CAT requires signatories to take measures to end torture within their territorial jurisdiction
and to criminalize all acts of torture. CAT defines torture as the infliction of severe physical
and/or mental suffering committed under the color of law. It does not allow for circumstances or
emergencies where torture could be permitted. The acts of torture under CAT include:
 returning, expelling, or extraditing someone to another country where there are real
grounds to believe he or she will face torture
 arrest, detention, and imprisonment
 interrogation
 the training of police (civil or military), medical staff, public officials, and anyone else
who may be involved in the arrest, detention and questioning of a person

1. What is torture?
2. What is freedom from torture?
3. Would exceptional circumstances like war justify torture?
4. Will following the order of a superior officer justify an act of torture?

C. RIGHT AGAINST SLAVERY AND FORCED LABOR (Refer to the 1926 Slavery
Convention; the 1930 Forced Labor Convention; and 1956 Supplementary Convention on
the Abolition of Slavery, Slave Trade, and Institutions and Practices Similar to Slavery)
1. Define slavery.
2. What are the obligations of the contracting states under the 1926 Slavery convention?
3. Define “forced or compulsory labor.”
4. Enumerate similar institutions and practices under Article 1 of the 1956 Supplementary
Convention on the Abolition of Slavery, Slave Trade, and Institutions and Practices Similar to
Slavery.

D. RIGHT AGAINST DISCRIMINATION (Refer to the 1965 International Convention on

all Forms of Racial Discrimination [CERD])
CERD is an international human rights treaty adopted in 1965. This agreement mandates
signatories to act on eliminating racial discrimination in all its forms, including:
 eradicating racial hatred and incitement to hatred;
 combatting prejudices which lead to racial discrimination; and
 guaranteeing the enjoyment of civil, political, economic, social, and cultural rights
without discrimination on grounds of race, color, or national or ethnic origin.

1. What are the obligations of the parties to the 1965 International Convention on all Forms of
Racial Discrimination?
2. What is racial discrimination?
3. What is apartheid?
4. Does the 1965 International Convention on all Forms of Racial Discrimination allow a
signatory to distinguish between its citizens and non-citizens in case of a violation of its
provisions?

E. RIGHTS OF STATELESS PERSONS (Refer to 1954 Convention relating to the Status

of Stateless Persons)
1. Who are stateless persons?

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2. Enumerate the kinds of statelessness based on Frivaldo v. COMELEC, G.R. No. 120295, June
28, 1996)
3. What are the consequences of statelessness?
4. What are the duties of a stateless person under Article 2 of the 1954 Convention relating to the
Status of Stateless Persons?
5. What are the rights of a stateless person under the 1954 Convention relating to the Status of
Stateless Persons?
6. What are the measures which Articles 1, 4, 5, 6 and 7 of the 1954 Convention relating to the
Status of Stateless Persons to prevent statelessness?
7. May a stateless person be expelled from his country of residence under Article 31 of the 1954
Convention relating to the Status of Stateless Persons?

F. RIGHTS OF REFUGEES (Refer to the 1951 Convention relating to the Status of

Refugees; Universal Declaration of Human Rights and the UN General Assembly’s
Declaration on Territorial Asylum)
1. Who is refugee?
2. Define caution judicatum solvi.
3. Under Article 2 of the 1951 Convention relating to the Status of Refugees, what are
obligations of refugees to the country where they may be found?
4. What are the rights of refugees under Articles 4, 14, 16, 21, 22, 23, and 24 of the 1951
Convention relating to the Status of Refugees?
5. Enumerate the rights of refugees under Articles 13, 15, 17, 18, 19 and 20 of the 1951
Convention relating to the Status of Refugees.
6. Under Article 33, may a State Party to the1951 Convention relating to the Status of Refugees
expel a refugee from its territory?
7. What is the right of asylum?
8. What are the bases for a claim of the right of asylum under international law?
9. What is diplomatic asylum?
10. What is the principle of non-refoulement?

G. RIGHTS OF INDIGENEOUS PEOPLES AND MINORITIES (Refer to the 1989

Indigenous and Tribal Peoples Convention)
1. Define tribal peoples.
2. What are the rights of tribal and indigenous peoples under Articles 3, 5, 7, 8, 14 and 15 of the
1989 Indigenous and Tribal Peoples Convention?
3. Enumerate the obligations of signatories under Article 2 of the 1989 Indigenous and Tribal
Peoples Convention.

H. RIGHTS OF MIGRANT WORKERS (Refer to the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families)
The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families is multilateral treaty governing the protection of migrant workers and
families. Signed on 18 December 1990, it entered into force on 1 July 2003 The Committee on
Migrant Workers (CMW) monitors implementation of the convention, and is one of the seven
UN-linked human rights treaty bodies.

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The objective of the Convention is to foster respect for migrants' human rights. It does not create
new rights for migrants but aims at guaranteeing equality of treatment, and the same working
conditions, including in case of temporary work, for migrants and nationals. It mandates that all
migrants should have access to a minimum degree of protection. The Convention recognizes the
dichotomy between regular migrants and irregular immigrants. It holds that regular migrants
have the legitimacy to claim more rights.
The Convention defines groups of migrant workers in specific categories:
a. frontier
b. seasonal
c. self-employed
d. seafarer
e. itinerant.
It consists of nine parts:
a. scope and definitions;
b. non-discrimination with respect to rights;
c. human rights of all migrants;
d. other rights of migrants who are documented or in a regular situation;
e. provisions applicable to particular categories of migrants;
f. the promotion of sound, equitable, humane, and lawful conditions in connection with
international migration;
g. application of the convention;
h. general provisions; and
i. final provisions.

1. Who is considered a migrant worker under Article 2 of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families?
2. Distinguish a documented worker from a non-documented migrant worker under Article 5 of
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families. 
3. What are the rights of migrant workers and their families under Articles 8, 10, 11, 12, 13, 14,
15, 16 and 18 of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families?
4. What is the expected treatment of a migrant worker with respect to remuneration and other
conditions of work under Article 25 of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families?
5. What are some of the additional rights under Articles 39, 40, 41, 43, 47 and 54 of the
International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families?
 
I. RIGHTS OF WOMEN (Refer to the Convention on the Elimination of Discrimination
against Women)
CEDAW is an international human rights treaty adopted in 1979. The UK agreed to follow it in
1986. Signatories agree to take measures to ensure women’s full enjoyment of human rights on
an equal basis with men, including:
 eradicating stereotyped roles for women and men
 ensuring women’s equal participation in public life

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  equality before the law
 eliminating discrimination in employment

Signatories commit to protect and promote the human rights of disabled people, including:
 eliminating disability discrimination
 enabling disabled people to live independently in the community
 ensuring an inclusive education system
 ensuring disabled people are protected from all forms of exploitation, violence, and abuse

1. What constitutes discrimination against women?

2. What constitutes violence against women?
3. What are the obligations of signatories to the Convention on the Elimination of Discrimination
against Women?
4. What is the obligation of signatories under Article 4 of the Convention on the Elimination of
Discrimination against Women?

J. RIGHTS OF THE CHILD (Refer to the Convention on the Rights of the Child
[UNCRC])
UNCRC is an international human rights treaty adopted in 1989. The UNCRC defines
the child as a person under 18 years of age. It acknowledges the primary role of parents and the
family in the care and protection of children, as well as the obligation of the State to help them
carry out these duties. Parties to UNCRC agree that public bodies should consider the best
interests of the child when doing anything that affects children
The four core principles of the Convention are:
a. non-discrimination;
b. devotion to the best interests of the child;
c. the right to life, survival, and development; and
d. respect for the views of the child.

Of special interest is the fact that the Philippines is not a signatory to the UNCRC. The following
provisions are relevant on the protection that no child shall remain stateless:
Article 7 (1) of UNCRC provides: “The child shall be registered immediately after birth
and shall have the right from birth to a name, the right to acquire a nationality…”
Article 7 (2): “States Parties shall ensure the implementation of these rights… in
particular where the child would otherwise be stateless.”
Safeguards in nationality laws are critical to preventing statelessness – see Article 7 (1) above.

1. Define child under Article 1 of the Convention on the Rights of the Child.
2. What are the rights of the child under Articles 7, 9, 12, 13, 14, 15, 19, 24, 26, 27, 28, 30, 31,
32 and 34 of the Convention on the Rights of the Child?
3. May a child be recruited into the armed forces under Article 38 of the Convention on the
Rights of the Child?
4. What constitutes the “worst forms of child labor” that are prohibited by the 1999 Worst Forms
of Child Labor Convention?

V. DEROGATION FROM THE PROTECTION OF RIGHTS

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A. DEROGATIONS ALLOWED FROM THE PROTECTION OF RIGHTS UNDER THE
INTERNATIONAL HUMAN RIGHTS CONVENTIONS AND AGREEMENTS
1. Article 4 of International Covenant on Civil and Political Rights
2. Article 9 of the Convention relating to the Status of Refugees
3. Article 9 of the Convention relating to the Status of Stateless Persons

B. REQUIREMENTS FOR DEROGATION UNDER THE INTERNATIONAL

COVENANT ON CIVIL AND POLITICAL RIGHTS
1. What are the requisites for derogation under Article 4 of the International Covenant on Civil
and Political Rights?
2. What are the obligations of the State that avails itself of the right of derogation under Article 4
of the International Covenant on Civil and Political Rights?
3. What are the rights under Article 4(2) of the International Covenant on Civil and Political
Rights which are not subject to limitation or supervision even in emergency situation?
4. What is the basis of the limitations under Article 4 of the International Covenant on Economic,
Social and Cultural Rights?

Read the following cases on the protection of human rights

Right to Return to one’ Country/Right to Travel
1. Marcos v. Manglapus (G.R. No. 88211, Sep 15, 1989)
2. Genuino v. Sec. De Lima (GR No. 197930, Apr 17, 2018)
3. Gwendolyn Garcia v. Sandiganbayan (G.R. Nos. 205904-06, October 17, 2018)

Writ of Habeas Corpus

1. In Matter of Petition for Habeas Corpus of Datukan Malang Salibo v. Warden (G.R. No.
197597, Apr 08, 2015 )
2. In the Matter of the Petition for Writ of Amparo and Writ of Habeas Corpus in favor of Alicia
Jasper S. Lucena; Relissa Santos Lucena and Francis B. Lucena V. Sarah Elago, et al. (G.R. No.
252120, 15 September 2020(

Writ of Amparo
1. Secretary of National Defense v. Manalo
2. Republic v. Cayanan
3. Navia v. Pardico
4. Caram v. Segui

Writ of Habeas Data

1. De Lima v. Pres. Duterte
2. Vivares et al v. St. Theresa’s College-Cebu
3. Lee v. Ilagan

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