Human Rights I.

Explain briefly what is the Universal Declaration of Human Rights and name or enumerate the rights that are recognized in it. The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly on 10 December 1948 at Palais de Chaillot, Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled. The following are the rights recognized in it: 1. We Are All Born Free & Equal. We are all born free. We all have our own thoughts and ideas. We should all be treated in the same way. 2. Dont Discriminate. These rights belong to everybody, whatever our differences. 3. The Right to Life. We all have the right to life, and to live in freedom and safety. 4. No Slavery. Nobody has any right to make us a slave. We cannot make anyone our slave. 5. No Torture. Nobody has any right to hurt us or to torture us. 6. You Have Rights No Matter Where You Go. I am a person just like you! 7. Were All Equal Before the Law. The law is the same for everyone. It must treat us all fairly. 8. Your Human Rights Are Protected by Law. We can all ask for the law to help us when we are not treated fairly. 9. No Unfair Detainment. Nobody has the right to put us in prison without good reason and keep us there, or to send us away from our country. 10. The Right to Trial. If we are put on trial this should be in public. The people who try us should not let anyone tell them what to do. 11. Were Always Innocent Till Proven Guilty. Nobody should be blamed for doing something until it is proven. When people say we did a bad thing we have the right to show it is not true. 12. The Right to Privacy. Nobody should try to harm our good name. Nobody has the right to come into our home, open our letters, or bother us or our family without a good reason. 13. Freedom to Move. We all have the right to go where we want in our own country and to travel as we wish. 14. The Right to Seek a Safe Place to Live. If we are frightened of being badly treated in our own country, we all have the right to run away to another country to be safe. 15. Right to a Nationality. We all have the right to belong to a country. 16. Marriage and Family. Every grown-up has the right to marry and have a family if they want to. Men and women have the same rights when they are married, and when they are separated. 17. The Right to Your Own Things. Everyone has the right to own things or share them. Nobody should take our things from us without a good reason. 18. Freedom of Thought. We all have the right to believe in what we want to believe, to have a religion, or to change it if we want. 19. Freedom of Expression. We all have the right to make up our own minds, to think what we like, to say what we think, and to share our ideas with other people.

20. The Right to Public Assembly. We all have the right to meet our friends and to work together in peace to defend our rights. Nobody can make us join a group if we dont want to. 21. The Right to Democracy. We all have the right to take part in the government of our country. Every grownup should be allowed to choose their own leaders. 22. Social Security. We all have the right to affordable housing, medicine, education, and childcare, enough money to live on and medical help if we are ill or old. 23. Workers Rights. Every grown-up has the right to do a job, to a fair wage for their work, and to join a trade union. 24. The Right to Play. We all have the right to rest from work and to relax. 25. Food and Shelter for All. We all have the right to a good life. Mothers and children, people who are old, unemployed or disabled, and all people have the right to be cared for. 26. The Right to Education. Education is a right. Primary school should be free. We should learn about the United Nations and how to get on with others. Our parents can choose what we learn. 27. Copyright. Copyright is a special law that protects ones own artistic creations and writings; others cannot make copies without permission. We all have the right to our own way of life and to enjoy the good things that art, science and learning bring. 28. A Fair and Free World. There must be proper order so we can all enjoy rights and freedoms in our own country and all over the world. 29. Responsibility. We have a duty to other people, and we should protect their rights and freedoms. 30. No One Can Take Away Your Human Rights.

II. In human rights law, what is meant by Civil and Political Rights? Why they are also known as negative rights? Give and briefly explain some examples. Civil and political rights are the rights which the law will enforce at the instance of individuals without discrimination for the enjoyment of their lives, liberty and means of happiness. Most of these rights have been adopted in the Bill of Rights of the Philippine Constitution and statutory legislation. They are commonly referred to as negative rights as restraints upon the tyrannical government. Some examples of these rights are: 1. The right of self-determination- includes the right to freely determine ones political status and pursue his economic, social and cultural development. 2. Right against torture, cruel, inhuman or degrading treatment and punishment no torture, force, violence, threat, intimidation, or any other means which vitiates the mans free will shall be used against him. 3. Right against slavery and involuntary servitude- no one shall be held in slavery and slave trade in all forms shall be prohibited. 4. Freedom of thought, conscience and religion- shall include freedom to have or adopt a religion or belief of his choice, and freedom either individually or in community with others to manifest his religion or belief in worship, observance, practice and teaching. 5. Freedom of association- means the right to form or be a member of an association for purposes not contrary to law.

III. Briefly explain what is meant by economic, social and cultural rights. Why they are also known as second generation rights and as affirmative rights? Economic, social and cultural rights are considered as second generation rights. These rights trace their origin from the socialist doctrine which advocates the equitable sharing of economic resources, services and welfare benefits to all people. Commonly known as social welfare rights, they are generally stated as positive undertakings or obligations of the government to ensure the economic well-being of the people. They are also called affirmative rights as they are viewed as goals or aspirations that government should provide for its citizens depending upon its resources.

IV. Give examples of (a) economic rights; (b) social rights and (c) cultural rights and site provisions under the Philippine Constitution which recognize or guarantee them. (a). Right to work under decent living conditions, right of workers to self-organization and the right to strike To guarantee protection for labor, the Philippine Constitution provides that: The State shall afford full protection to labor, local and overseas, organized and unorganized, and full employment and equality of employment opportunities for all. promote

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. (Art.XIII, Sec. 3) (b). The right to high standard of physical and mental health The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. (Art. XIII, Sec.11) (c ). The right to take part in cultural life; to enjoy the benefits of scientific progress and its applications. The State shall give priority to research and development, invention, innovation, and their utilization; (Art XIV, Sec. 10)

V. Give examples of persons or group of persons or sectors that are most vulnerable to violations of human rights in the Philippines and cite laws which have been adopted to protect them. The sectors found to be most vulnerable to human rights violations are: the women, the children, the youth, the indigenous cultural minorities, the Muslim population, the elderly, the disabled, the prisoners and detainees, the internally displaced persons, the laborers, rural workers, peasants, fishermen and house helpers. Some of the laws which have been adopted to protect the vulnerable sectors are: 1. RA 7610 otherwise known as Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act

2. Art. 335 of the Revised Penal Code penalizes sexual abuse committed by the father on his child constituting the crime of rape. 3. PD 603 Child and Youth Welfare Code 4. RA 8044 otherwise known as The Youth in Nation Building Act in 1995 5. RA 6655 otherwise known as Free High School Education Act 6. RA 7876 otherwise known as Senior Citizens Act 7. RA 7277 The Magna Carta for Disabled Persons 8. RA 7641 providing for retirement pay to qualified laborers

VI. What remedies are available for the enforcement of human rights through: (1) the United Nations system; (2) the International Tribunal and (3) National Tribunals? (1) There is no definite international organ or tribunal to enforce human rights. There are three special cases however where an individual may file a complaint for the violation of human right protected by Human Rights treaties, namely: i. The Optional Protocol to International Covenant on Civil and Political Rights ii. The International Covenant on the Elimination of All Forms of Racial Discrimination iii. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment An individual whose rights have been violated may lodge a complaint against the government that violated human rights, provided that the respondent government has ratified both the Covenant and its Optional Protocol. (2) To deal with gross violations of human rights, the international communities had finally established the International Criminal Court. A State Party may refer to the independent prosecutor the commission of the crime within the jurisdiction of the Court for an investigation. The Court has the jurisdiction to try and determine the criminal responsibility of any individual including military commanders of any of the crimes of genocide, crimes against humanity, war crimes, and the crimes of aggression. (3) National Institutions are to submit recommendations to the competent authorities, including proposal for amendment of laws, regulations or administrative practices which obstruct the free exercise of rights. The primary function of this institution is to protect the rights of individuals who believe themselves to be the victim of unjust acts on the part of public administration.

VII. Briefly explain the organization, nature and functions of the Human Rights Commission in the Philippines. The Commission on Human Rights is an independent office created by the Constitution of the Philippines, with the primary function of investigating all forms of human rights violations involving civil and political rights in the Philippines. The Commission is composed of a Chairperson and four members. The Constitution requires that a majority of the Commissions members must be lawyers. Under Section 18, Article XIII of the Philippine Constitution, the Commission is empowered to investigate all forms of human rights violations involving civil and political rights, adopt rules of procedure and issue contempt citations, provide appropriate legal measures for the protection of human rights of all persons within the Philippines, and several other powers in relation to the protection of human rights.

VIII. What is meant by International Humanitarian Law? International humanitarian law (IHL), or the law of armed conflict, is the law that regulates the conduct of armed conflicts (jus in bello). It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not or no longer participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering

VIX. What is the law in the Philippines that penalizes genocide and violations of International Humanitarian Law? Cite and discuss the provisions of the said law. What provision has been or can be used to indict those who took hostages as human shield during the Zamboanga siege of September 9, 2013? REPUBLIC ACT NO. 9851 otherwise known as "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity". The signing of Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law into law last December 11, 2009 was considered by many human rights groups and activists a landmark legislation. RA 9851 mandates both state and non-state armed groups to observe international humanitarian law standards, giving victims of war crimes, genocide, and crimes against humanity legal recourse. For as long as the victim is a Filipino citizen, any violators whether government or non-government, may be charged so long as the victim is a Filipino citizen. This new law will enable the Philippines to prosecute the international crimes itself, contribute to an effective international criminal justice regime, strengthen its national criminal justice system, and generally bring its national law into conformity with international standards as well as up-to-date with important developments in international law. The most important features of R.A. No. 9851 might be outlined as follows: Defining and penalizing war crimes, genocide, and other crimes against humanity. Applicability to all individual perpetrators, whether state agents or non-state actors (unlike the Anti-Torture Act which is limited to state-agent perpetrators). Applying certain international criminal law principles of irrelevance of official capacity (for immunities), responsibility of superiors (i.e. command responsibility), unlawful superior orders, and non-prescription, among others. Instituting a form of universal jurisdiction, albeit qualified. Providing for international standards for protection of victims and witnesses, as well as reparations to the former. Express applicability of international law, including of specific international treaties. Providing for the designation of special courts, prosecutors and investigators, and their effective training in human rights, IHL and international criminal law.

 No requirement of implementing rules and regulations (unlike the Anti-Torture Act) War crimes [Section 4] are serious violations of IHL or the laws and customs applicable in armed conflicts. These conflicts include armed hostilities between government military and police forces, on one hand, and rebel groups, on the other hand, as well as those between rebel groups, as has been experienced in the Philippines during the past four decades, the most recent was the Zamboanga siege last September 9, 2013. Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against Interntional Human Humanitarian Law" means: (a) In case of an international armed conflict , grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under provisions of the relevant Geneva Convention: (1) Willful killing; (2) Torture or inhuman treatment, including biological experiments; (3) Willfully causing great suffering, or serious injury to body or health; (4) Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly; (7) Taking of hostages; (b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (4) Geneva Conventions of 12 August 1949, namely , any of the following acts committed against persons taking no active part in the hostilities, including member of the armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause; (3) Taking of hostages; and The above cited provision or RA 9851 can very well be used to indict the MNLF rebels who took hostages as human shield during the siege.

X. Are person charged with rebellion entitled to bail? Is the right to bail available in prosecutions for violation of the Philippine genocide law? Explain. Art 135 of the RPC provides that Any person who promotes, maintains, or heads a rebellion shall suffer the penalty of reclusion perpetua. On the other hand, RA 9851 provides: Section 7. Penalties. - Any person found guilty of committing any of the acts provided under Sections 4, 5 and 6 of this Act shall suffer the penalty of reclusion temporal in its medium to maximum period and a fine ranging from One hundred thousand pesos (Php 100,000.00) to Five hundred thousand pesos (Php 500,000.00). When justified by the extreme gravity of the crime, especially where the commission of any of the crimes specified herein results in death or serious physical injury, or constitutes rape, and considering the individual circumstances of the accused, the penalty of reclusion perpetua and a fine ranging from Five hundred thousand pesos (Php 500,000.00) to One million pesos (Php 1,000,000.00) shall be imposed. Bail is a matter of right when the offense charged is punishable by any penalty lower than reclusion perpetua (absolute); Bail is a matter of discretion when the offense charged is punishable by reclusion perpetua. Hence, if the evidence of guilt of the accused is strong in committing rebellion, he is not entitled to bail.

In the case of war crimes and genocide where the penalty is only reclusion temporal, the accused is entitled to bail. However, as stated in the second paragraph of Sec.7 of RA 9851, when the crime has been aggravated by some extreme circumstances, the penalty imposable would be reclusion perpetua. In such instance, the accused will no longer be entitled to bail when the evident of guilt is strong.

XI. Cases Vinuya v. Romulo FACTS This is an original Petition for Certiorari with an application for the issuance of a writ of preliminary mandatory injunction against the Office of the Executive Secretary, the Secretary of DFA and the OSG. Petitioners are all members of the MALAYA LOLAS, an organization established for the purpose of providing aid to the victims of rape by Japanese military forces in the Philippines during the Second World War. Petitioners claim that since 1998, they have approached the Executive Department through the DOJ,DFA and OSG, requesting assistance in filing a claim against the Japanese officials and military officers who ordered the establishment of the comfort women stations in the Philippines. However, officials of the Executive Department declined to assist them and took the position that the individual claims of the comfort women for compensation had already been fully satisfied by Japans compliance with the Peace Treaty between the Philippines and Japan. ISSUE WON respondents can be compelled to espouse their claims for official apology and other forms of reparations against Japan before the International Court of Justice and other international tribunals. HELD NO. The authority for foreign relations matter is vested by the constitution to the political branches of the government and not to the courts. Petitioners cannot assail the said determination by the Executive Department via the instant petition for certiorari. In the international sphere, traditionally, the only means available for individuals to bring a claim within the international legal system has been when the individual is able to persuade a government to bring a claim on the individuals behalf. By taking up the case of one of its subjects and by r esorting to diplomatic action or international judicial proceedings on his behalf, a State is in reality asserting its own right to ensure, in the person of its subjects, respect for the rules of international law. Within the limits prescribed by international law, a State may exercise diplomatic protection by whatever means and to whatever extent it thinks fit, for it is its own right that the State is asserting. Should the natural or legal person on whose behalf it is acting consider that their rights are not adequately protected, they have no remedy in international law. All they can do is resort to national law, if means are available, with a view to furthering their cause or obtaining redress. All these questions remain within the province of municipal law and do not affect the position internationally. Even the invocation of jus cogens norms and erga omnes obligations will not alter this analysis. Petitioners have not shown that the crimes committed by the Japanese army violated jus cogens prohibitions at the time the Treaty of Peace was signed, or that the duty to prosecute perpetrators of international crimes is an erga omnes obligation or has attained the status of jus cogens. Ang Ladlad vs. COMELEC Facts: Ang Ladlad is an organization composed of men and women who identify themselves as lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs). Incorporated in 2003, Ang Ladlad first applied for

registration with the COMELEC in 2006. The application for accreditation was denied on the ground that the organization had no substantial membership base. On August 17, 2009, Ang Ladlad again filed a Petition for registration with the COMELEC. Before the COMELEC, petitioner argued that the LGBT community is a marginalized and underrepresented sector that is particularly disadvantaged because of their sexual orientation and gender identity; that LGBTs are victims of exclusion, discrimination, and violence; that because of negative societal attitudes, LGBTs are constrained to hide their sexual orientation. On November 11, 2009, after admitting the petitioners evidence, the COMELEC (Second Division) dismissed the Petition on moral grounds that petitioner tolerates immorality which offends religious beliefs and apparently advocates sexual immorality. Issues: 1. Whether or not the denial of accreditation by COMELEC, violated the constitutional guarantees against the establishment of religion insofar as it justified the exclusion by using religious dogma. 2. Whether or not the Assailed Resolutions contravened its constitutional rights to privacy, freedom of speech and assembly, and equal protection of laws, as well as constituted violations of the Philippines international obligations against discrimination based on sexual orientation. Held: 1. Yes. The Supreme Court ruled that it was a grave violation of the non-establishment clause for the COMELEC to utilize the Bible and the Koran to justify the exclusion of Ang Ladlad. 2. No. The Assailed Resolutions have not identified any specific overt immoral act performed by Ang Ladlad. Ang Ladlad LGBT Partys application for registration should be granted. Comelecs citation of the Bible and the Koran in denying petitioners application was a violation of the non establishment clause laid down in Article 3 section 5 of the Constitution. The proscription by law relative to acts against morality must be for a secular purpose (that is, the conduct prohibited or sought to be repressed is detrimental or dangerous to those conditions upon which depend the existence and progress of human society"), rather than out of religious conformity. The Comelec failed to substantiate their allegation that allowing registration to Ladlad would be detrimental to society. The LGBT community is not exempted from the exercise of its constitutionally vested rights on the basis of their sexual orientation. Laws of general application should apply with equal force to LGBTs, and they deserve to participate in the party-list system on the same basis as other marginalized and under-represented sectors. Discrimination based on sexual orientation is not tolerated ---not by our own laws nor by any international laws to which we adhere.