§ The Universal Declaration of Human Rights (UDHR) is an international document

adopted by the United Nations General Assembly that enshrines the rights and freedoms
of all human beings.

§ Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General

Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais
de Chaillot in Paris, France.
§ Adopted as a "common standard of achievement for all peoples and all nations", the
UDHR commits nations to recognize all humans as being "born free and equal in dignity
and rights" regardless of "nationality, place of residence, gender, national or ethnic origin,
colour, religion, language, or any other status"
The Declaration consists of the following:
• The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration.

• Articles 1–2 establish the basic concepts of dignity, liberty, and equality.

• Articles 3–5 establish other individual rights, such as the right to life and the prohibition of slavery and torture.

• Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when
violated.
• Articles 12–17 set forth the rights of the individual towards the community, including freedom of
movement and residence within each state, the right of property and the right to a nationality.
• Articles 18–21 sanction the so-called "constitutional liberties" and spiritual, public, and political freedoms, such
as freedom of thought, opinion, expression, religion and conscience, word, peaceful association of the individual,
and receiving and imparting information and ideas through any media.
• Articles 22–27 sanction an individual's economic, social and cultural rights, including healthcare. It upholds an
expansive right to an adequate standard of living, and makes special mention of care given to those in
motherhood or childhood.
• Articles 28–30 establish the general means of exercising these rights, the areas in which the rights of the
individual cannot be applied, the duty of the individual to society, and the prohibition of the use of rights in
contravention of the purposes of the United Nations Organization.
Legal effect
§ In international law, a declaration is distinct from a treaty in that it generally states
aspirations or understandings among the parties, rather than binding obligations. The
Declaration was explicitly adopted to reflect and elaborate on the customary international
law reflected in the "fundamental freedoms" and "human rights" referenced in the United
Nations Charter, which is binding on all member states. For this reason, the Universal
Declaration of Human Rights is a fundamental constitutive document of the United Nations
and, by extension, all 193 parties of the United Nations Charter.
 Nevertheless, the status of the Declaration as a legally enforceable document
varies widely around the world: some countries have incorporated it into their domestic
laws, while other countries consider it merely a statement of ideals, with no binding
provisions.
Many international lawyers believe that the Declaration forms part of customary
international law and is a powerful tool in applying diplomatic and moral pressure to
governments that violate its articles.
Other legal scholars have further argued that the Declaration constitutes jus
cogens, fundamental principles of international law from which no state may deviate or
derogate.
§ The Declaration has served as the foundation for two binding United Nations human rights
covenants: the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. The principles of the Declaration are
elaborated in other binding international treaties such as the International Convention on
the Elimination of All Forms of Racial Discrimination, the International Convention on the
Elimination of Discrimination Against Women, the United Nations Convention on the
Rights of the Child, the United Nations Convention Against Torture, and many more.
§ The Declaration continues to be widely cited by governments, academics, advocates, and
constitutional courts, and by individuals who appeal to its principles for the protection of
their recognized human rights.
The Philippines has ratified and signed most of the core human rights instruments
which include the International Covenant on Civil and Political Rights (ICCPR),
International Covenant on Economic, Social, and Cultural Rights (ICESCR),
Convention on the Elimination of all Forms of Discrimination Against Women
(CEDAW), Convention on the Rights of the Child (CRC), Convention on the Rights
of Persons with Disabilities (CRPD), Convention on the Elimination of All Forms of
Racial Discrimination (CERD) and other human rights treaties. However, Philippine
society and culture still maintain a lot of prejudice when it comes to the LGBT
group and has not yet attained basic sensitivity and recognition of LGBT rights.
As stated by the first Report on Discriminatory Laws and Practices and Acts of Violence against
Individuals Based on Their Sexual Orientation and Gender Identity (2011) by the United Nations
High Commissioner for Human Rights (UN HCHR):

“The application of international human rights law is guided by the principles of universality
and non-discrimination enshrined in Article 1 of the Universal Declaration of Human Rights, which
states that ‘all human beings are born free and equal in dignity and rights.’ All people, including
lesbian, gay, bisexual and transgender (LGBT) persons, are entitled to enjoy the protections
provided for by international human rights law, including in respect of rights to life, security of
person and privacy, the right to be free from torture, arbitrary arrest and detention, the right to be
free from discrimination and the right to freedom of expression, association, and peaceful
assembly…” (Emphasis supplied.)
The Philippine Constitution guarantees full respect for human rights and every
person has the right to equal protection of the laws (Art. 2 section 11 and Art. 3
section 1). The Constitution further provides to make international laws part of the
law of the land. The pertinent provisions are as follows:
§ Art. 2 Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
§ Art. 3 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.
§ Art. 2 Section 2. The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as part
of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations. (Emphasis Supplied)
§ Article 20 ICCPR
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence
shall be prohibited by law.
§ Article 23 ICCPR
1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and to found a family shall be recognized.
3. No marriage shall be entered into without the free and full consent of the intending spouses.
4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of
spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the
necessary protection of any children.
§ Article 24 ICCPR
1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social
origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of
his family, society and the State.
2. Every child shall be registered immediately after birth and shall have a name.
3. Every child has the right to acquire a nationality.
§ Article 26 ICCPR
All persons are equal before the law and are entitled without any discrimination to
the equal protection of the law. In this respect, the law shall prohibit any
discrimination and guarantee to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.
§ Article 16 ICCPR
Everyone shall have the right to recognition everywhere as a person before the law.
§ Article 17 ICCPR
1. No one shall be subjected to arbitrary or unlawful interference with his privacy,
family, home or correspondence, nor to unlawful attacks on his honour and
reputation.
2. Everyone has the right to the protection of the law against such interference or
attacks.
Article 7 ICESCR-The States Parties to the present Covenant recognize the right of everyone to the enjoyment
of just and favourable conditions of work which ensure, in particular:

§ (a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular
women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal
work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

§ (b) Safe and healthy working conditions;

§ (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to
no considerations other than those of seniority and competence;

§ (d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as
remuneration for public holidays
Article 12 ICESCR
§ 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health.
§ 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right
shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development
of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and medical attention in the event of
sickness.
 CEDAW
§ The Convention on the Elimination of all Forms of Discrimination Against
Women (CEDAW) is 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.
• Part I (Articles 1–6) focuses on non-discrimination, sex stereotypes, and sex trafficking.

• Part II (Articles 7–9) outlines women's rights in the public sphere with an emphasis on
political life, representation, and rights to nationality.

• Part III (Articles 10–14) describes the economic and social rights of women, particularly
focusing on education, employment, and health. Part III also includes special protections
for rural women and the problems they face.
• Part IV (Article 15 and 16) outlines women's right to equality in marriage and family life
along with the right to equality before the law.

• Part V (Articles 17–22) establishes the Committee on the Elimination of Discrimination

against Women as well as the states parties' reporting procedure.

• Part VI (Articles 23–30) describes the effects of the convention on other treaties, the
commitment of the states parties and the administration of the convention.
§ Article 1 defines discrimination against women :

Any distinction, exclusion or restriction made on the basis of sex 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.
§ Article 2 mandates that states parties ratifying the Convention declare intent to
enshrine gender equality into their domestic legislation, repeal all discriminatory
provisions in their laws, and enact new provisions to guard against discrimination
against women. States ratifying the Convention must also establish tribunals and
public institutions to guarantee women effective protection against discrimination, and
take steps to eliminate all forms of discrimination practiced against women by
individuals, organizations, and enterprises.
§ Article 3 requires states parties to guarantee basic human rights and fundamental
freedoms to women "on a basis of equality with men" through the "political, social,
economic, and cultural fields."
§ Article 4 notes that "[a]doption...of special measures aimed at accelerating de
facto equality between men and women shall not be considered discrimination." It adds
that special protection for maternity is not regarded as gender discrimination.
§ Article 5 requires states parties to take measures to seek to eliminate prejudices and
customs based on the idea of the inferiority or the superiority of one sex or
on stereotyped role for men and women. It also mandates the states parties "[t]o
ensure...the recognition of the common responsibility of men and women in the upbringing
and development of their children."
§ Article 6 obliges states parties to "take all appropriate measures, including legislation, to
suppress all forms of trafficking in women and exploitation of prostitution of women."
§ Article 7 guarantees women equality in political and public life with a focus on equality
in voting, participation in government, and participation in "non-governmental
organizations and associations concerned with the public and political life of the country.”
§ Article 8 provides that states parties will guarantee women's equal "opportunity to
represent their Government at the international level and to participate in the work
of international organizations."
§ Article 9 mandates state parties to "grant women equal rights with men to acquire, change or retain
their nationality" and equal rights "with respect to the nationality of their children."
§ Article 10 mandates equal opportunity in education for female students and
encourages coeducation. It also provides equal access to athletics, scholarships and grants as well
as requires "reduction in female students' drop out rates."
§ Article 11 outlines the right to work for women as "an unalienable right of all human beings." It
requires equal pay for equal work, the right to social security, paid leave and maternity leave "with
pay or with comparable social benefits without loss of former employment, seniority or social
allowances." Dismissal on the grounds of maternity, pregnancy or status of marriage shall be
prohibited with sanction.
§ Article 12 creates the obligation of states parties to "take all appropriate measures to eliminate
discrimination against women in the field of healthcare in order to ensure...access to health care
services, including those related to family planning."
§ Article 13 guarantees equality to women "in economic and social life," especially with respect to "the
right to family benefits, the right to bank loans, mortgages and other forms of financial credit, and the
right to participate in recreational activities, sports and all aspects of cultural life."
§ Article 14 provides protections for rural women and their special problems, ensuring the right of
women to participate in development programs, "to have access to adequate health care facilities,"
"to participate in all community activities," "to have access to agricultural credit" and "to enjoy
adequate living conditions."
§ Article 15 obliges states parties to guarantee "women equality with men before the law," including
"a legal capacity identical to that of men." It also accords "to men and women the same rights with
regard to the law relating to the movement of persons and the freedom to choose their residence and
domicile."
§ Article 16 prohibits "discrimination against women in all matters relating to marriage and family
relations." In particular, it provides men and women with "the same right to enter into marriage, the
same right freely to choose a spouse," "the same rights and responsibilities during marriage and at
its dissolution," "the same rights and responsibilities as parents," "the same rights to decide freely
and responsibly on the number and spacing of their children," "the same personal rights as husband
and wife, including the right to choose a family name, a profession and an occupation" "the same
rights for both spouses in respect of the ownership, acquisition, management, administration,
enjoyment and disposition of property, whether free of charge or for a valuable consideration."
THE YOGYAKARTA
PRINCIPLES
§ In November 2006, in response to well-documented patterns of abuse, a distinguished

group of international human rights experts met in Yogyakarta, Indonesia to outline a

set of international principles relating to sexual orientation and gender identity. The
result was the Yogyakarta Principles: a universal guide to human rights which affirm
binding international legal standards with which all States must comply. They promise
a different future where all people born free and equal in dignity and rights can fulfil
that precious birthright.
§ The YP plus 10 was adopted on 10 November, 2017 to supplement the Yogyakarta

Principles. The YP plus 10 document emerged from the intersection of the

developments in international human rights law with the emerging understanding of
violations suffered by persons on grounds of sexual orientation and gender identity
and the recognition of the distinct and intersectional grounds of gender expression
and sex characteristics.
§ The finalised Yogyakarta Principles was launched as a global charter on 26 March 2007 at
the United Nations Human Rights Council in Geneva. Michael O'Flaherty, spoke at the International
Lesbian and Gay Association (ILGA) Conference in Lithuania on 27 October 2007; he explained that
"all human rights belong to all of us. We have human rights because we exist – not because we are
gay or straight and irrespective of our gender identities", but that in many situations these human
rights are not respected or realised, and that "the Yogyakarta Principles is to redress that situation".

§ The Yogyakarta Principles were presented at a United Nations event in New York City on 7
November 2007, co-sponsored by Argentina, Brazil and Uruguay. Human Rights Watch explain that
the first step towards this would be the de-criminalization of homosexuality in 77 countries that still
carry legal penalties for people in same-sex relationships, and repeal of the death penalty in the
seven countries that still have the death penalty for such sexual practice.
§ The Principles are based on the recognition of the right to non-discrimination.

The Committee on Economic, Social and Cultural Rights (CESCR) has dealt with
these matters in its General Comments, the interpretative texts it issues to explicate
the full meaning of the provisions of the International Covenant on Economic, Social
and Cultural Rights. In General Comments Nos. 18 of 2005 (on the right to work), 15
of 2002 (on the right to water) and 14 of 2000 (on the right to the highest attainable
standard of health), it indicated that the Covenant proscribes any discrimination on the
basis of, inter alia, sex and sexual orientation "that has the intention or effect of
nullifying or impairing the equal enjoyment or exercise of [the right at issue]"
§ The Committee on the Elimination of Discrimination against Women (CEDAW),

notwithstanding that it has not addressed the matter in a General Comment or

otherwise specified the applicable provisions of the Convention on the Elimination of
All Forms of Discrimination Against Women, on a number of occasions has criticized
states for discrimination on the basis of sexual orientation. For example, it addressed
the situation of sexual minority women in Kyrgyzstan and recommended that,
'lesbianism be re-conceptualised as a sexual orientation and that penalties for its
practice be abolished'.
§ However, the Principles have never been accepted by the United Nations and the

attempt to make gender identity and sexual orientation new categories of non-
discrimination has been repeatedly rejected by the General Assembly
§ However, the Principles have been cited by numerous national governments and court

judgments. The principles influenced the proposed UN declaration on sexual

orientation and gender identity in 2008.
§ In a unanimous decision on May 5, 2011, the Brazilian Supreme Federal

Court became the first supreme court in the world to recognize same-sex civil
unions as a family entity equal in rights to a heterosexual one, as certified
by UNESCO, expressly citing the Yogyakarta Principles as a significant legal
guideline:
“It is important to point out, for relevant, that this examination is in line with the
Yogyakarta Principles, that translates recommendations addressed to the
national States, as a result of a conference held in Indonesia, in November
2006, under the coordination of the International Commission of Jurists and
the International Service for Human Rights. This Charter of Principles on the
application of international human rights regarding sexual and gender identity
has, in its text, the Principle 24, the wording of which is as follows: THE RIGHT
TO CONSTITUTE FAMILY (...).”