Consolidated Q&A HR Coquia

Human Rights Human Rights Chapter 1 – 1 – Answers  Answers to questions Q: What do you understand by human rights?

Human Human rig hts are univers al legal legal guarantees guarantees protecting i ndividuals ndividuals and g roups agains t actions actions which interfere with with  fundamental freedo ms and human hu man di g nity. ni ty. Human ri g hts are g enerally defined defi ned as thos e r ig hts whi ch are i nherent nher ent i n our nature nature and without which, we cannot live as human being s . Thes e rig hts and fundamenta fundamentall freedoms allow allow us to develop develop and us e our human human qualities, qualities, i ntell ntellig ig ence, tal talent entss and consci ence, and and to s atis atis fy our s piritual and other other needs. The dig nity of man and human life is inviolable. From the dignity of man is derived the right of every person to free development of his  pers onality. It's the ess ence of thes e rig hts that make make man human. Basic Charateristics: Charateristics: inherent, fundamental, inalienable, imprescriptible, imprescriptible, indivisible, indivisible, universal and interdependent. Classified to:

 A . A cc ordi ng to sourc sou rce e - natural ri g hts , cons titutional titution al ri g hts , s tatutory tatutory rig r ig hts B . A ccording to recipient - individua individuall rig hts hts , collect collective ive rig hts hts C. A ccording to as as pect of of life - civil, political political,, economic, economic, s ocial, ocial, cultural cultural rig hts D. A ccording to s trug trug g le for for recognition - first, s econd econd and and third third g enerat eneration ion rig hts hts E . A ccordi ng to derog derog ability ability - absolute or non-derog non-derog able, able, derogable derogable or can-be-l can-be-limited imited rig hts Q: What are the sources of human rights?

 A . Natural rig hts - G od-g iv en rig hts , unwri tten, prevail as nor ms of s oci ety B . C ons titutional titutional rig hts - conferred and protected protected by the Cons titution and and cannot be be modified or taken away away by the lawlawmaki maki ng body C . S tatutory tatutory rig hts - pr ovided by law promulg promulg ated ated by the law-m law-making aking body and may may be abolis abolis hed by the same Q: Who are entitled to enjoy human rights?  A L L Q: How did the violation of human rights originate?

History has shown that as man started to live in a society, his inherent rights began to be violated by his own  fellowmen. The s tate tate authori authori ties who are su ppos ed to to protect his ri g hts are even hi s pers p ers ecutors ecu tors . Q: Who were the first violators of human rights?

The first violators were the Greeks and Romans who were supposed to have started the development of Western civilization - they legalized the institution of slavery, when men and women were held as chattels and could be disposed of in any manner Q: Human rights rights are characterized characterized as inherent. Why? Give examples examples

Inherent - not granted granted by any pers on or authority, authority, do not need any any event for their their exis tence. tence. E x: rig ht to life life and dig nity as as a huma human being Q: Human rights rights are characterized characterized as fundamental. Why? Give examples. examples.

Fundamental - without them the life and dignity of man will be meaningless. Ex: right to individual liberty and  s ecuri ecu ri ty of a pers on or freedom of thoug ht and and relig ion Q: Human rights rights are characterized characterized as inalienable. Why? Give examples examples

Inalienable Inalienable - cannot be rig htfully htfully taken away away fr om an an in divi dual. dual. E x: freedom from torture torture Q: Human rights rights are characterized characterized as imprescriptible. Why? Give examples. examples.

Impresc riptible - cannot cannot be be los los t even even by a long long pas pas s age of time. time. E x: freedom freedom of thought, thought, cons cience and relig relig ion Q: Human rights rights are characterized characterized as indivisible. Why? Give examples. examples.

Indivi s ible - not not capa capabl ble e of being being divided. E x: freedom freedom of belief belief or opinion, freedom of relig relig ion and wors wors hip. Q: Human rights rights are characterized characterized as universal. Why? Give examples. examples.

Univers al - no borders borders , appl applies ies to all all.. E x: rig ht to to life life is the s ame whet whether her one is in A s ia or Eur ope Q: Human rights rights are characterized characterized as interdependent. Why? Give examples. examples.

Interdependent - the fulfillme fulfillment nt or exerc is e of one cannot cannot be had without the realizat realization ion of the other. other. E x: one's rig ht to life life and exi exi s tence as as a pers on cannot be realized realized without one's ri g ht to to work and mainta maintain in a good s tandard tandard of livi ng Q: What do you mean by 2nd generation of human human rights. Give examples?

Covers economic, economic, s ocial and and cultural cultural rig hts, whic h primarily find their their orig in in the the s ocialist tradition tradition and and have have been been various ly promot promoted ed by revolut revolutionary ionary strug g les les and and welfa welfare re movement movementss , als als o known as as s ocial welfare welfare rig hts. E x: rig ht to to developm development ent,, ri g ht to to work under decent livi livi ng conditions, rig ht of workers workers to self-org self-org anization anization Q: What do you mean by 3rd and 4 th generation of human rights, Give examples?

Covers collective rights, best understood as a product of both the rise and decline of the nation-States in the last half half of the the 20th 20th century. E x: ri g ht of people people to a healthy healthy environment 1

Chapter 2 – Answers to questions Q: What is the origin of Human Rights

Thes e aros e from the strug g le of man ag ainst inj us tices of des potic r ulers . Men revolted ag ainst the concept of the " Divine R ig ht of K ing s ." In the Middle Ag es, the Mag na Carta was delivered by Ki ng J ohn in 1215. It is regarded as the firs t E ng lis h Cons titution that g uaranteed the pers onal liberties and civi l rig hts. The Americans revolting ag ainst the Eng lish K ing in 1776 declared their own B ill of Ri g hts. The F rench in 1789 proclaimed the Declaration of the Ri g hts of Man where it was dec lared that all men are bor n free and equal and affirmed the inalienable ri g hts of man. E ventually mos t democr atic countries adopted in their res pective constitutions their own B ill of R ig hts. Q: Name and explain some o f the theories advanced as sources of rights

 A . R elig ious or theolog ic al approach - doctrine of a Supreme Being, the creator, the Father of all humanity. Central is the concept of the dignity of man as a consequence of human rights, and therefore the rights are universal, inalienable and cannot be denied by mortal beings (men).

B . Natural Law - the conduct of men must always conform to the law of nature, and this theory is detached from religion. The natural characteristics of human beings are the social impulse to live peacefully and in harmony with others, and whatever co nformed to the nature of men was right and just. Whatever is disturbing to social harmony is wrong and unjust.

C. Pos itivist - states that all rights and authority come from the state and what officials have promulgated, that rights are enjoyed if recognized and protected by legislation promulgated by the state. D. Marxi s t - emphasizes the interest of society over an individual's interest - communism E . Functional or soci olog ical approach - human rights exist as a means of social control, that human rights exist to serve the social interests of society. This approach was developed in the early 20th century when there were demands for a variety of w ants, as help for the u nemployed, handicapped, underprivileged, minorities and other disadvantaged groups.

F. Utilitarian Theory -  principle that requires governments to maximize the total net sum of citizens. It emphasizes that an individual cannot be more important than the entire group. An act is good only when it takes into consideration the interests of the society and tends to augment the happiness of the entire community

G . Theory bas ed on J ustice - each person has equal rights to the whole system of liberties. The general conception of justice is one of fairness and those social primary goods such as opportunity, income and wealth a nd self-respect are to be distributed equally

H. Theory based on E quality and R espect - government must treat all their citizens equally, and must intervene in order to advance the general welfare

Theory based on the Dig nity of man - this theory proceeds on the premise that human rights means sharing values of all identified  policies upon which human rights depend on. The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values. All available resources are utilized to the maximum and the protection of human dignity is recognized. This is better referred to as policy science approach Q: What were the circumstances that brought out the concept of human rights in ancient history –

R ulers were des potic and tyrannical, and citizens ros e ag ainst the injus tices that they have long s uffered Q: What famous documents in history that contained concepts of human rights? Briefly discuss.

a. Mag na Carta of 1215  – first English Constitution delivered by King John, it guaranteed personal liberties and civil rights b. B ill of R ig hts of 1689  – revolutionaries of England determined to prevent arbitrary royal rule laid this down, this document guaranteed freedom from cruel and u nusual punishment and excessive fines b. B ill of R ig hts 1776  –  Americans revolting from the English, this document asserted that all men by nature are fully free and independent and have inherent rights such as e njoyment of life and liberty, the means of acquiring and possessing of properties, and obtaining happiness c. Declaration of the Ri g hts of Man 1789- by French revolutionaries, this document declared that all men are born free and equal and affirmed the inalienable rights of men. Q: Explain why human rights became an international concern –

The s trugg le for the res pect of human rig hts was initially a domestic or national is s ue, but the atrocities committed on mas s of people during World War II convinced i nternational juris ts that the protection of human ri g hts s hould be an international conc ern. Q: How was human rights introduced in the Philippines –

Human R ig hts was i ntroduced to the Philippines when Jos e R izal wrote about the abuses of the S panis h authorities in hi s books and he was executed for it. S ince 1896 the educated Filipinos were already aware of the Americ an and Eng lis h B ill of R ig hts , and the Malolos Cons titution was adopted in 1899. It contained provi s ions that guaranteed freedom from arbitrary arres t and detention, freedom from searches and s eizures , freedom to choos e domicile and freedom of relig ion. Q: What historical events in the Philippines prompted Filipinos to protect and promote human rights? Events:

a. Colonial S panis h reg ime – economic and class dis cri mination was ri fe b. Military R ule of J apan from 1942-1944 c. Martial Law of Pres ident Marcos The new constitution (1987 Constitution) states that the State values the dignity of every human person and  g uarantees full res pect for human rig hts . Q: What consist of the International Bill of Human Rights? 2

The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on E conomic, S ocial and C ultural Ri g hts, and the International Covenant on C ivil and Political Ri g hts and its two Optional Protocols. Q: State and explain the constitutional policy of the Philippines on human rights.  – In Article II, Section 11, it reads “The State values the dignity of every human person and guarantees full respect for human rights.” To implement this policy, the Commission on Human Rights was created as a constitutional independent

body under A rticle XIII, S ections 17-19 of the Phil. C ons titution. This res ulted to a subs tantial decrease of number of violations among law enforcement in the human ri g hts, but there is s till much to be done. Chapter 3: The International Bill of Human Rights Q: What are the reasons why the reaffirmation of the fundamental human rights was one of the main objectives of the organization of the United Nations? Enforce equal human rights; “to reaffirm faith in fundamental human rights and the dignity and worth of human person”

(UN C haarter Pr eamble) - Recog nition and respect of human rig hts and freedoms not due to dis cri mination - to achieve “universal respect for an observance of human ri g hts and fundamental freedoms” * yan yung gist pero baka ipa-enumerate yung articles galing sa UDHR na minention sa chap 3 Q: What documents compose the International Bill of Human Rights?

United Nations Charter, Univers al Declaration on Human R ig hts, International C ovenant on E conomic, S ocial and C ultural R ig hts, and International Covenant on Ci vil and Political R ig hts Q: Name some of the fundamental human rights ad explain each briefly.

- E qual Protection of rig hts - human beings must have equal rig hts, no dis cri mination - R ig ht to life, liberty and property - R ig ht to Pr ivacy - no arbitrary interference with his privacy, family, home, communications , corr espondence - Freedom of speech, expression and religion - inviolable right to express one self unless justifiably limited by the  g over nment Q:What international instruments have been adopted to serve as legally binding treaties on the countries that ratified them?

International Covenant on E conomic, S ocial and C ultural Rig hts and International Covenant on C ivi l and P olitical R ig hts both overs een by the UN Q: What are some of the hindrances or obstacles to the enforcement of the human rights international instruments?

- War cri mes - authoritarian reg imes headed by dic tators - A rt. 2 par. 7 of UN C harter that g ives no authori ty to the UN to inv es tig ate  juri s dic tion of the country/nation

matters happening wi thin the domestic

Q: What are the remedies to deal in the hindrances or obstacles in the enforcement of human rights? Cite examples.

Implementing international treaties as local leg is lation Chapter 4: Civil and Political Rights as Applied in the Philippines Q: What do you understand by civil rights?

Ci vil ri g hts are the rig hts whic h the law will enforce at the ins tance of indivi duals without dis crimination for the enjoyment of their lives , liberty and means of happiness . Q: How is civil right distinguished from political right?

B oth are protected personal rig hts but political rig hts are especially c atering to the rig ht to participate directly or i ndir ectly in the establishment or administration of government. Political rights are rights to enable people to participate in running the affairs of the government. Q: Why are these rights called “Negative Rights”?

In ans wer to res traint the tyranni cal g overnment. Ex. “No one should be tortured”, “No o ne s hould be depriv ed of freedom of

expression”,

“no

one

should

be

deprived of life”  Q: Mention at least 3 basic civil rights and how they are applied in Philippine society.

- R ig ht to Li fe, Liberty and Property - Ar t III S ec 1 (no person, not even the state has the authority to take one’s ife) - R ig ht to Pri vacy - Art III S ec 3 (rig ht to be free from intrus ions into certain thoug hts and activi ties) - Freedom of expres s ion - A rt 3, S ec 4-5 (rig ht to s elf-determination) Q: Discuss at least 3 rights of a person who is accused of a crime.

- R ig ht to be informed of the nature and caus e of the accu s ation ag ains t him - R ig ht to bail - R ig ht to meet the witness es face to face * remember Art III, Sec 14

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Q: What do you understand by the principle of “presumption of innocence” of an accused person? What is the reason of such presumption?

This means that an accus ed cannot be pres umed to have committed the charg es agains t without the proof of g uilt beyond reasonable doubt. The accus ed cannot be impris oned just based on ci rcums tantial evidence. The s trict compliance with this is the court’s policy on protecting an actually i nnocent pers on from g oing to jail. Q: What do you understand by the right of persons to peaceably assemble? Are there limitations or restrictions to this right? “Peaceful Assembly” means the right of citizens to meet  peacefully for cons ultation in res pect to pu blic is s ues and to  petition the gov ernment for redres s of gri evance. This rig ht can be res tricted on g rounds of national secur ity, public order, the protection of public health or morals, or the  protec tion of the rig hts of others .

CHAPTER V ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES

1.

Briefly explain what is meant by economic, social and cultural rights They are the commitments of the state for opportunities to achieve equality and distributive justice to its citizens such as the  right to food, clothing, housing and education. It included the right to work with fair and just wages, decent working conditions, and protection of the family to maintain the decent standard of living.

2.

Why are these rights considered as “social welfare rights” They are generally stated as positive undertakings or obligations of the government to ensure economic well being of the  people.

3.

Why are these rights also called “Affirmative rights” They are viewed as goals or aspirations that government should provide for its citizens depending upon its resources. 

4.

What are the main purposes of the economic rights? Cite examples and explain. To promote high standard of living, full enjoyment and conditions of economic and social progress and development. 

5.

What do you mean by social rights? Cite examples.  Social rights are those rights concerned with basic human needs. Ex: 1. Right to development 2. Right to self Determination 3. Right of Workers to Self-Organization 4. Right to Work under Decent Living Conditions 5. Right to Work in Third World Countries 6. Right to Strike 7. Right to Strike as Against Property Rights 8. Right to Social Security 9. Protection of and Assistance to Family 10. Right to Education and Development of Human Personality 11. Right to Students and Academic Freedom 12. Participation in Cultural Life and Benefits of Scientific Progress 13. Religious Education and Instruction 14. Right to High Standard of Physical and Mental Health

6.

What do you mean by cultural rights? Cite examples and explain.  Rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity and non discrimination. Ex: 1. Right to provide funds for the promotion of cultural development 2. Promotion of awareness and enjoyment of the cultural heritage of national ethnic groups and minorities and of indigenous peoples. 3. Preservation and presentation of mankind's cultural heritage 4. Legislation protecting the freedom of artistic creation and performance

7.

Mention some provisions in the Philippine Constitution on Economic rights, Social rights, and Cultural rights.  1. Art. XII on the National Economy and Patrimony 2. Art. XIII on Social Justice and Human Rights, Agrarian and Natural Resources, Urban Land Reform and Housing, Health Women 3. Art. XIV on Education, Science and Technology, Arts, Culture and Sports 4. Art. XV on the family

8.

What are the obligations of developed and industrialized countries towards Third World Countries on economic, social and cultural rights?  State Parties are obliged to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present covenant.

9.

What is meant by “public interest and social litigation?”  It’s the actions or remedies to enforce and implement Economic, Social and Cultural rights. Must be accessible to all people, should be simple and at the minimum cost. Free from technical forms of pleadings, rules of procedure in said cases should be relaxed and socio-legal fact finding bodies should be appointed to determine facts in issue.

10. How should the State comply with the Covenant on Economic, Social and Cultural Rights?

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

By incorporating in their constitution most of the rights enumerated in the International Covenant in Economic, Social and Cultural Rights and implementation of it through social legislation.

11. What is meant by Right of Development? Cite concrete examples.  Inalienable human right by virtue of which every human person and all people are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. Ex: 1. Economic prosperity 2. Social, political and cultural empowerment 3. Social reform 4. Economic reform 5. Agriculture reform 6. Agrarian reform and n atural resources 7. Infrastructure development 8. Governance and development financing CHAPTER VI HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS

1.

Mention the persons or group of persons who are most vulnerable to violations of human rights? 1. Women  2. Children 3. Youth 4. Indigenous Cultural Minorities 5. Muslim Population 6. Elderly 7. Disabled People 8. Mentally Disabled People 9. Prisoners and Detainees 10. Internally Displaced People 11. Migrant Workers 13. Urban Poor 14. Refugees and Stateless Persons 15. Laborers (Public, Private and Informal) 16. Rural Workers 17. Peasants and Fishermen 18. Houshelpers

2.

What are the factors or reasons why they are vulnerable to violations of human rights? Due to their Origin, status and conditions.  Cite concrete examples of each sector. 1. Children (Children in Emergency Situations – Zones of Peace, children recruited in Warfare, Children in Conflict with the  Law, Child Labor ,Children of Migrant Workers, Children of Indigenous Tribes and Transnational Children, Children of Families with HIV, Children of Refugees Children as House helpers) 2. Women (Rape, sexually abused and exploited women) 3. Youth ( In- School Youth, Out-Of-School Youth, Working Youth and Special Youth) 4. Elderly ( Senior Citizens, Abondoned elderly in home for the aged, those belonging to poor families) 5. Disabled People (Deaf, mute, blind, incompent, cripple, pwds) 6. Mentally Disabled People ( physically and sexually abused persons) 7. Prisoners and Detainees (wrongfully convicted, juveniles) 8. Migrant Workers (OFWs) 9. Urban Poor ( street children, families in urban areas with incomes below the poverty line, slums) 10. Internally Displaced People 11. Laborers (Public, Private and Informal) 12. Rural Workers 13. Peasants and Fishermen (Agri workers) 14. Houshelpers (even children)

3.

4.

Cite the international instruments adopted to prevent or reduce the violation of their human rights in vulnerable groups.  Universal Declaration of Human Rights, Convention on the Rights of a Child, The Rules of the Protection for NonCombatants under Protocol I, Protection of victims of Non-international Armed Conflicts Protocol II, Covenant on Civil and Political Rights, Convention on Migrant Workers, Convention on Refugees, Covenant on Social, Economic and Cultural Rights, Convention of Stateless Persons,

5.

Cite local laws enacted to assist those whose rights are vulnerable to human rights violations.  1. The Philippine Constitution 2. The Revised Penal Code 3. The Labor Code 4. RA 7610 : Special Protection of Children Against Abuse, Exploitation and Discrimination Act. 5. RA9262: Anti-Violence Against Women and Their Children Act of 2004 6. PD 60: Child and Youth Welfare Code 7. RA:8353:Anti- Rape Law 8. RA 8505: Rape victim assistance and Protection Act 9. RA 9775 : Anti-Child Pornography Act 10. RA 10175: Cyber Crime Prevention Act 11. RA 9995: Anti-Photo and Video Voyeurism Act 12. RA 9208: The Anti-Trafficking in Persons Act of 2003 13. Rules of the protection for Non-Combatants under Protocol I, Protection of victims of non-international armed conflicts 5

14. RA 9344: Juvenile Justice and Welfare Act of 2006. 15. RA 7658: An Act Prohibiting the employment of Children below 15 years of age, 16. RA: 9231: An Act providing for Elimination of the worst Forms of Child Labor and affording Stronger Protection for the Working Child 17. RA 10361: Domestic Workers Act or Batas Kasambahay 18. RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS  AND OVERSEAS FILIPINOS ACT OF 1995

CHAPTER 7 – DISCRIMINATION Q: What do you understand by discrimination? Cite concrete examples to show discrimination.

Di s cr imin ation g enerally means the failure to treat everyone alike acc ording to the s tandards and rules of action. Examples: Racial Discrimination (Apartheid, Cultural Minorities, etc.)  



Sex Discrimination (Violence against Women, Political Rights of Women

IN THE PAST,

Trafficking of Women and Prostitution, etc.)

R elig ious Dis crimination (R elig ious dis crimination i n education,etc.)

Q: What is the relation of discrimination to equality and dignity of human beings?

In the field of human rights, discrimination is regarded as particularly objectionable because it disregards  fundamental notion s of human dig nity and equality before the law. Q: Are there provisions in the United Nations Charter dealing on discrimination? Cite and explain. “Universal   respect for an observance of human rights and fundamental freedoms for all without distinction as to

race, s ex, language or religi on. Thes e objectives are intended to promote the creation of c onditions and stability which are necessary for a peaceful and friendly relations among nations based on respect for the principle of equal rights and self determination of people.” (Art. 55c) Q: What is the provision on the Universal Declaration of Human Rights on discrimination?

The preamble of Univ ers al Dec larat ion of Human Rights emphasized that “the equal and inalienable rights of each member of the human family”. UDHR believed that the foundation of freedom, justice and peace in the world will be achieved only throug h equal rig hts of men and women. “Everyone is entitled to all the rig hts and freedoms s et forth in this Declaration, without dis tinction of any kind,  s uch as race, colour , s ex, lang uag e, r elig ion, politic al or other opin ion, national or s oci al ori g in, pr operty, bi rth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international  s tatus of the country or terr itor y to whic h a pers on belong s , whether i t be independent, tru s t, non-s elf-g over ning or under any other limitation of sovereignty.” (AR T . 2) Q: Cite provisions in the Philippines Constitution prohibiting discrimination. Cite some examples. 

Cultural Minorities “The state shall recognize, respect and protect the rights of indigenous cultural minorities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies” (Ar t.

 XIV , S ec. 17) 

Women “The State recognizes the role of women in nation -building , and s hall ens ure the fundamental equality befor e the law of women and men” (Art. II, Sec. 14) “The State shall protect working women by providing safe and healthful working conditions, taking into account their

maternal functions , and s uch facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation” (Art. XIII, Sec. 14) 

R elig ious Test “No religious test shall be required for the exercise of civil or political rights” (Art III, Sec. 5)

Q. What particular groups of persons are usually discriminated against? Why?

Groups that are usually discriminated are women, children, cultural minorities, poor people and other vulnerable  s ector s . It is becaus e they are the g roups who lack knowledg e about thei r ri g hts . They are perc eiv ed to be weak that doesn’t have the capacity to fight for their rights. Q. What is meant by religious discrimination? Give examples.

Declaration on All Forms of Intolerance and of Dis crimination Based on R elig ion or B eliefs provides that in religi ous discrimination, everyone should have the freedom of thought, conscience and religion, that no one should be subjected to coerc ion, whi ch would impair hi s /her freedom to have a relig ion or belief of his /her own choic e. EXAMPLE:  R elig ious tes t in the exercis e of civil or political rig hts  Impediment to marri age on account of relig ion R efus al to admit s tudent on acc ount of relig ion  Q: Have you observed in your community any form of discrimination? Cite concrete examples and state why you consider them discriminat ion.  

 A s s is tance g iven to poor people in g over nment ag enci es , public of fic es (NB I, NS O, LTO, etc ,.) ETC.

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Q: In what ways are the economically disadvantaged discriminated?

Economically disadvantaged do not enjoy equal opportunities on the availment of government services and resources. In spite of the Land Reform Law, majority are still landless, suffering from the landlord-tenancy relationship. Poor people are dis cri minated agains t in many ways. Chapter 8 The Role of Non Governmental Organizations in the Promotion and Protection of Human Rights Q: What do you understand by Non-Governmental Organizations (NGOs) on Human Rights?

 A non-g over nmental org anization (NG O) is a not-for-pr ofit or g anization pri marily created to promote and protect human rights. They primarily participate in the United Nations on a Consultative Status while the latter create charters and  s uppor t human rig hts . S ome NG Os lik e the International Red C ros s protec t human rig hts by prov idi ng medic al ass is tance,  food and other bas ic needs to vi ctims of vi olation s . Q: In what way are they recognized by the United Nations?

The United Nations recognize the role and importance of NGOs in the protection of Human Rights through their charter, A rticle 71 s tates " The E conomic and Soci al Counci l may make s uitable arrang ements for cons ultation with non g over nmental org anizations whi ch are conc erned wi th matters withi n its competenc e." Thi s enabled the council to con s ult NG Os on any activity involving the promotion and protection of human rig hts. Q: Mention some international NGOs and state activities they are engaged in on human ri ghts.

 A mnes ty International focus on pr ovi ding leg al aid and ass is tance vi ctims of tortur e and thos e wrong ly c onvi cted of crimes . Throug h their websi te they also promote human rig hts by pos ting news that promote awareness on human rig hts violations . Q: What do you mean by NGOs as Ombudsmen?

NGOs function as Ombudsmen, safe-guarding human rights and calling the attention of the government on violations through periodic reports , public s tatements participation in the deliberations establis hed by i nterg overnmental organizations NGOs stimulate public opinions and initiation on the foundation of foreign policy of countries on matters concerning the violation of human rig hts. Q: Mention some of the NGOs in the Philippines and briefly discuss their roles in protecting and promoting human rights.

Like Amnesty International, the Philippine Alliance of Human Rights Advocates promote human rights by posting news and reports that promote awareness of Human R ig hts v iolations. The Medical Action Group, on the other hand, aside from posting news and reports, the actively promote human rig hts by doing the following. Org anize/mobilize neces s ary resources for health servi ces .  Maintain a res ource center inc luding books , manuals , audiovis uals and other educational materi als  pertaini ng to health and human ri g hts . Publi s h a quarterly news mag azine that carries news and infor mation on the health and human ri g hts  s ituation i n the country and abroad. E ducate the benefici aries on their r ig ht to health to help them partic ipate in s haping an alternative health care s ys tem. Campaig n for the abolition of torture as well as the welfare of the other benefici aries . Conduct fact-finding mis s ions , exhumations and autops y to victims of extrajudici al executions.  Monitor the health conditi on of work ers in the pic ket line or farmers on hung er s trike.  

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Q: In what way or ways do they help the Commission on Human Rights on its monitoring functions?

The Commission on Human Rights is mandated to conduct investigations on human rights violations against marg inalized and vulnerable s ectors of the soci ety, involving civi l and political rig hts. To accomplish its functions, the CH R accept reports from NG Os on violations of Human Ri g hts. S imilar to the United Nations , the CHR als o consults N G Os to monitor and reinforce Human R ig hts. Q: What do you understand by "Development Aggression"?

Development A g g res s ion i s a term us ed by indig enous peoples to refer to development projects that violate their human rights. It refers to projects planned or progressed without free, prior and informed consent from an impacted local community as required by international law, s uch as in the United Nations D eclaration on the R ig hts of I ndig enous P eoples. Q; In what way or ways does "Development Aggression" violate human rights?

Development Aggression violates human rights because it displaces communities from cultural lands rightfully theirs to another location for the sake of infr astruc ture and other indus trial advancements For example, the Lumad compris e the indig enous people living in S outhern Mindanao. They have become refugees in different parts of the country as they flee from escalating violence, rape, harassment and land-grabbing by mining and other busines s interests taking over their terri tories.

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C hapter 9  – Human R ig hts E ducation Q: What do you mean by Human Rights Education?  

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 S ys tem us ed for Training , Di s s emination and Infor mation E ffor ts aimed at bui lding of univ ers al cultur e of human rig hts . Imparting of K nowledge and s ki lls on the molding of attitude, which direct towards the strengthening the people’s respect  for human ri g hts . Pr ovides the unders tanding , tolerance, g ender equality and friends hip among all nations including indig enous people and racial, national ethnic, religi ous and ling uis tic g roups. E nables a pers on to participate effectively in a FR E E s ociety.

Q: What is the importance of Human Rights Education in the Philippines?    

People will know when they are already vi olating the rig ht of others . People will know how they can protect, not only thems elves but als o the ri g hts of others . People will become aware of the duties they owe to others . People will know when they may turn to for help.

Q: What sectors of the Philippine society should be educated first on human rights? Why?

Commission on Human Rights identified the following sectors that should be educated on Human Rights, which are, Military P ers onnel, P olice Officers and other Law E nforcement Ag encies . T he reas on behind is that these g overnment  s ector s are the most pron e to the vi olation of Human Rig hts . Q: How should human rights education be given to the barangays?

CH R ins titutionalized Barang ay Human R ig hts A ction Centers to handle Human R ig hts education and enforcement within the community. They are g iven bas ic pr ogr am on Cons titutional Pr ovis ions and B as ic P rovis ions of the International Instruments. Q: Should human rights course be a part of the curriculum in schools? Why?

Yes. Human Rights education should start at the grass root level. Therefore, the best way to integrate it in our education sys tem is to include it in the curr iculum of all learning ins titutions. Moreover, the young ones are more expected to be receptive with Human R ig hts education.

Q: What methods are suggested for the teaching of human rights to school students? To college students? To adult citizens in barangays?   

CHR Human R ig hts Module  S ituational E xample of Human A cts and how could there be pos s ible Human R ig hts V iolation Question and Ans wer

Chapter 10 - Remedies for Enforcement of Human Rights Treaties and Laws Q: What do you mean by remedies for enforcement of human rights?

For every right, there must be an effective remedy. These remedies are developed by the law making bodies in whic h people may us e to s eek proper c ours e of action i n the event that their human rig hts h ave been violated. Q: What are the forms of remedies available to human rights victims through: a) United Nations Systems

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Optional Pr otocol to International C ovenant on Ci vil and Politi cal R ig hts adopted in 1966 (R atifi ed by the Philippines on Aug ust 22, 1989). b. The International Covenant on Elimination of all Forms of R acial Dis cri mination (R atified by the Philippines on  S eptember 15, 1967). c. Convention Ag ainst Torture and Other Cruel Inhuman or Deg rading Treatment or Punis hment (R atified on J une 18, 1986). d. 1503 Pr ocedure b)

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Through International Tribunals a. International Cri minal Tribunal for Violations of Humanitari an Law  b. International Cr iminal Court (IC C) R ome Statute Through National or Domestic Tribunals

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G overned by Local S tate Polici es

Q: May an individual file complaint for violations of human rights in United Nation b odies? Discuss.

Yes. An individual whose human right was violated may lodge his / her complaint to the United Nation bodies in cases where the respondent is the Government. Provided that the respondent Government has ratified the Covenant and its Optional Protocol. H owever, before an indi vidual may lodg e the complaint to the United Nation bodies , he / s he s hall need to exhaus t all the remedies available in hi s / her local state polici es . In the event that the complainant is not satis fied wi th the local remedy, the HR C es tablis hed under the A rtic le 28 of the Cov enant will cons ider the complaint together with the available evidenc e by both parties . Q: What are the remedies for gross violations of Human Rights?

 A n indi vi dual may lodg e his /her complaint with the Intern ational Cri minal Tribunal Q: Briefly state the jurisdiction and functions of the International Criminal Court.   

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The ju ri s dic tion will only take effect after a state becomes a party and after the entry i nto force of the S tatute. Only until then that the ICC can exercis e its jur is diction. It has the power to try individuals who violated international humanitarian law even if committed in an internal war. E xamples are: K illing fields in C ambodia, R wanda, S omalia and S udan and recently the Ethnic c leans ing in Yug oslavia. The State Cons ent has no power in this j uris diction.  A Military commander s hall be cr imi nally r es pons ible for the crimes committed by a per s on purs uant to an or der of the Government 8

Q: Are there Human Rights courts in the Philippines?

None. Q: Discuss the procedures on how a complaint for violation of Human Rights in the Philippines is filed.

BHRAO (Barangay Human Rights Action Officer) receives and process the complaints lodged by an individual before their office and is the one responsible to asses should there indeed a Human Rights Violation or within the  jur is diction of the C HR . S hould there be a c aus e es tablis hed under the jur is dic tion of the CHR , the complainant will be asked to provide documents and proofs for the case. A t this s tag e, the CH R may s tart its inves tigation of the case. However, in any case C HR is empowered by the Cons titution to investig ate on its own even in the absence of any complaint, a Human Rights violation Q: Discuss the role of the Barangay in the enforcement of Human Rights.

B arang ay Officials being the governing bodies at the community level are the ones who always receive complaints and dis putes at the initial s tag e prior to any intervention of hig her agencies or authorities. Tog ether with the CHR and DIL G , they have ins tituted B HR A C, which empowers and sys tematize the B arang ay s ys tem to handle local dis putes the proper way. Q: What is the role of the Philippine Commission on Human Rights in the enforcement of Human Rights Laws? Cite concrete examples.

The Phi lippine Commis s ion on Human R ig hts i s a constitutional mandate, which i s tas ked to ensure effective and efficient enforcement of Human Rights Laws. It is responsible for the Seminars, Trainings, Promotion, Dissemination and  s us tainability of Human R ig hts education. One of the mos t s ig nific ant acc omplis hments of the agency is its Ini tiative to make a special Human Rights Education System for Military, Police and other Law Enforcement Agencies in which they were recognized by UN & UNE S CO. S ome of the examples are:   A dvoc acy C ours es on H uman Ri g hts and International Humanitarian Law (HR  – IHL) Cur ric ula for the Police / J ail pers onnel and Corr ection Officers .   Ex tensive Training Course for AFP , PNP, B J MP  B i-A nnual Publication of Human R ig hts J ournal  Quarter release of Newsletter, B ating aw.  UDHR B ooklet, in 4 D ialects (Tag alog , K apang pang an, Ilokano, Cebuano) 

Featured Stories of CHR’s Accomplishments and Relevant News.

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Tabloids, Mag azines and News papers (publis hed weekly) TV Plug s including testimonies R eproduction of Human R ig hts S ticker  – “HR Protection Sticker”  Other materials featuring current human rig hts is s ues Cr eative Dance Works hop for C hildren R esearch Studies: Enhancing G O  – N G O C ollaboration B uilding alliance for Human Rig hts Leg is lation HR -Social Reform for Di s advantag eous Sectors i ncluding their s ervice providers . Dis pute R esolutions Union Perspective CHR  – G O  –  NGO Collaboration towards monitoring Philippine Government Compliance with International Treaty Oblig ations on Human R ig hts.

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Other may als o cite A rticle XIII S ection 18 of the Cons titution  – CHR powers and function. (1) Inves tig ate, on its own or on complaint by any party, all forms of human ri g hts v iolations involving civi l and political rights; (2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the R ules of C ourt; (3) P rovide appropriate legal measures for the protection of human ri g hts of all persons within the Philippines, as well as Fi lipinos res iding abroad, and provide for preventive meas ures and legal aid s ervices to the underprivileged whos e human ri g hts have been violated or need protection; (4) Ex ercis e vis itorial powers over jails, pris ons, or detention facilities ; (5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights; (6) Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rig hts, or their families ; (7) Monitor the Philippine Government’s compliance with international treaty obligations on human rights;

(8) G rant immunity from pros ecution to any pers on whose testimony or whose pos s ess ion of documents or other evidence is necess ary or convenient to determine the truth in any inves tig ation conducted by it or under its authority; (9) R eques t the ass is tance of any department, bureau, office, or agency in the performance of its functions ; (10) A ppoint its officers and employees i n accordance with law; and (11) P erform s uch other duties and functions as may be provided by law.

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