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DISCRIMINATION Generally discrimination means the failure to treat everyone alike according to the standards and rules of action.

It is a violation of human rights for it contravenes the principles of equality and dignity of human beings, principles which the United Declaration of Human Rights (UDHR) primarily noted on its preamble, Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Some examples of discrimination which we will be covering are discrimination as to race, sex, and religion. I. Racial discrimination means any distinction, exclusion, or preference based on race, color, descent or natural or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise on an equal footing of human rights and fundamental freedoms in the political, economic, social or cultural or any other field of public life. Modern times are replete with atrocities of racial discrimination. During World War 2 Nazi Germany killed between 11 to 17 millions of Jews under their program of ethnic cleansing. During the 1950s in Africa where the Apartheid program were implemented , colored people were denied equal rights and were forcibly segregated and relocated base on their race. In the Philippines no serious forms of racial discrimination exist. There however exist some forms of inequality with respect to our ethnic or cultural minorities legally referred to as IP (indigenous people). Generally these IP live in mountains, hills, and uplands which are remote areas where basic public and social services cannot reach them, resulting to their illiteracy and inability to integrate with the mainstream of society. Oftentimes these inadequacies expose them to discrimination and exploitation. To address the discrimination against IP, Art XIV Sec. 17 was put into the constitution stating that: The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies. To implement this constitutional provision, RA 8371 otherwise known as the The Indigenous Peoples Rights Act (IPRA) was enacted. The key features of the law are: a.) Confer to the IP the right to claim ownership of lands considered as their ancestral domain; and b.) Creating NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP), the govt. body mandated to protect and promote the interest and wellbeing of the IPs with due regard to their beliefs, customs, traditions and institutions.

II. Sex discrimination is defined as 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, civil or any other field. In other countries Sex Discrimination are still common. Ex. Saudi women not allowed to drive, Muslim women compelled to wear burqas covering them from head to toe, Afghan women being deprived of education etc.. Compared to other countries, the Philippines is well ahead in eliminating Sex Discrimination. Womens rights are safeguarded by the Philippine Constitution particularly under: Art II Sec. 14 The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Art XIII Sec. 14 The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. As a consequence of these declarations, laws have been passed primarily for the implementation of womens rights. Examples of such laws are: Under the Labor Code, ART. 135. Discrimination prohibited. - It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. ART. 136. Stipulation against marriage. - It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage. ART. 137. Prohibited acts. - (a) It shall be unlawful for any employer: (1) To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code. (2) To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy;

(3) To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.

Other laws enacted for the primary purpose of protecting womens rights are RA 9262 Anti-VAWC, RA 7912 Women in Development and Nation Building Act, RA 7877 Anti-Sexual Harassment Law, RA 6955 Mail Order Brides.

III. Religious Discrimination is valuing or treating a person or group differently because of what they do or do not believe. In their everyday lives, many people face discrimination based on their religion or belief. Such discrimination can be in the form of limiting their access to public education, health services, employment or public posts. In extreme cases, members of religious communities can be arrested or killed due to their religious affiliation or beliefs. The United Nations has been concerned with this issue since its foundation and the prohibition of religious discrimination is enshrined in all core international human rights treaties. In this regard, States have the duty to refrain from discriminating against individuals or groups based on their religion and belief (obligation to respect); they are required to prevent such discrimination, including from non-State actors (obligation to protect); and must take steps to ensure that, in practice, every person in their territory enjoys all human rights without discrimination of any kind (obligation to fulfil). Art 18 of the Univ. Declaration of Human Rights provides: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

In the Philippines of religious freedom is protected under Art III Sec. 5, stating that No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. This is one of the most guarded freedoms of Philippines, brought about by the religious nature of the Filipinos. In this country we dont have laws that impose any restrictions due to ones religion. In other words, we in the Philippines enjoy religious freedom in all aspects of our life.

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