Obligation to Respect Obligation to Protect Obligation to Fulill Art. !"#$ %N &'arter &HAPTER I( P%RPOSES AN) PRIN&IPLES Article ! T'e Purposes o t'e %N are 3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and Arts. **+ *,+ %N &'arter &HAPTER I-( INTERNATIONAL E&ONO.I& AN) SO&IAL &O/ OPERATION Article ** With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the nited !ations shall promote" #. higher standards of living, full employment, and conditions of economic and social progress and development; $. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and 3. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Article *, %ll &embers pledge themselves to ta'e (oint and separate action in co-operation with the )rgani*ation for the achievement of the purposes set forth in %rticle ++. Art. 0 "!$ "0$ "#$ I&&PR Article 0 #. ,ach -tate .arty to the present /ovenant underta'es to respect and to ensure to all individuals within its territory and sub(ect to its (urisdiction the rights recogni*ed in the present /ovenant, without distinction of any 'ind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. $. Where not already provided for by existing legislative or other measures, each -tate .arty to the present /ovenant underta'es to ta'e the necessary steps, in accordance with its constitutional processes and with the provisions of the present /ovenant, to adopt such laws or other measures as may be necessary to give effect to the rights recogni*ed in the present /ovenant. 3. ,ach -tate .arty to the present /ovenant underta'es" 0a1 To ensure that any person whose rights or freedoms as herein recogni*ed are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; 0b1 To ensure that any person claiming such a remedy shall have his right thereto determined by competent (udicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the -tate, and to develop the possibilities of (udicial remedy; 0c1 To ensure that the competent authorities shall enforce such remedies when granted. 1 Art. 0+ Sec. !!+ !123 P'il. &onstitution Section !!. 2ree access to the courts and quasi-(udicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. VI. SO%R&ES AN) FO%N)ATIONS OF H%.AN RIGHTS A. Generall4 accepte5 principles o international la6 B. International Bill o Rig'ts a. %ni7ersal )eclaration o Hu8an Rig'ts b. International &o7enant on &i7il an5 Political Rig'ts c. International &o7enant on Econo8ic+ Social+ an5 &ultural Rig'ts &. Treaties an5 ot'er &on7entions ). !123 P'il. &onstitution a. Prea8ble We, the sovereign 2ilipino people, imploring the aid of %lmighty 3od, in order to build a (ust and humane society, and establish a 3overnment that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, (ustice, freedom, love, equality, and peace, do ordain and promulgate this /onstitution. b. Art. II c. Art. III VII. &LASSIFI&ATION OF H%.AN RIGHTS A. First Generation o Rig'ts "&i7il an5 Political Rig'ts$ a. Art. !+ I&&PR Article ! #. %ll peoples have the right of self-determination. 4y virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. $. %ll peoples may, for their own ends, freely dispose of their natural wealth and resources without pre(udice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. 5n no case may a people be deprived of its own means of subsistence. 3. The -tates .arties to the present /ovenant, including those having responsibility for the administration of !on--elf-3overning and Trust Territories, shall promote the reali*ation of the right of self-determination, and shall respect that right, in conformity with the provisions of the /harter of the nited !ations. b. Art. ,/03+ I&&PR Article , #. ,very human being has the inherent right to life. This right shall be protected by law. !o one shall be arbitrarily deprived of his life. $. 5n countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present /ovenant and to the /onvention on the .revention and .unishment of the /rime of 3enocide. This penalty can only be carried out pursuant to a final (udgement rendered by a competent court. 2 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authori*e any -tate .arty to the present /ovenant to derogate in any way from any obligation assumed under the provisions of the /onvention on the .revention and .unishment of the /rime of 3enocide. 6. %nyone sentenced to death shall have the right to see' pardon or commutation of the sentence. %mnesty, pardon or commutation of the sentence of death may be granted in all cases. +. -entence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 7. !othing in this article shall be invo'ed to delay or to prevent the abolition of capital punishment by any -tate .arty to the present /ovenant. Article 03 5n those -tates in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to en(oy their own culture, to profess and practise their own religion, or to use their own language. A.!. Rig't to Lie a. Art. , "!$ "0$ "9$ I&&PR Article , #. ,very human being has the inherent right to life. This right shall be protected by law. !o one shall be arbitrarily deprived of his life. $. 5n countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present /ovenant and to the /onvention on the .revention and .unishment of the /rime of 3enocide. This penalty can only be carried out pursuant to a final (udgement rendered by a competent court. 6. %nyone sentenced to death shall have the right to see' pardon or commutation of the sentence. %mnesty, pardon or commutation of the sentence of death may be granted in all cases. b. Art.III+ Sec. ! an5 !1 "!$+ !123 P'il. &onstitution Section !. !o 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. Section !1. #. ,xcessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. !either shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the /ongress hereafter provides for it. %ny death penalty already imposed shall be reduced to reclusion perpetua. c. Art. II+ Sec. !0+ !123 P'il. &onstitution Section !0. The -tate recogni*es the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. 5t shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the 3overnment. A.0. Free5o8 against Torture an5 In'u8an Prison &on5itions a. Arts. 3+ !:+ I&&PR Article 3 !o one shall be sub(ected to torture or to cruel, inhuman or degrading treatment or punishment. 5n particular, no one shall be sub(ected without his free consent to medical or scientific experimentation. b. Art. III+ Sec. !1 "!$+ !123 P'il. &onstitution c. Art. I+ &on7ention Against Torture an5 ot'er &ruel )egra5ing Treat8ent or Punis'8ent Article ! 3 #. 2or the purposes of this /onvention, the term 8torture8 means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any 'ind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. 5t does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. $. This article is without pre(udice to any international instrument or national legislation which does or may contain provisions of wider application. A.#. E;ualit4 beore t'e La6 a. Art. 0,+ I&&PR Article 0, %ll persons are equal before the law and are entitled without any discrimination to the equal protection of the law. 5n 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. b. Art. III+ Sec.!+ !123 P'il. &onstitution Section !. !o 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. A.9. Rig't to Libert4+ Free5o8 ro8 Arbitrar4 Arrest a. Art. 2+ 1+ !!+ I&&PR Article 2 #. !o one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. $. !o one shall be held in servitude. 3. 0a1 !o one shall be required to perform forced or compulsory labour; 0b1 .aragraph 3 0a1 shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court; 0c1 2or the purpose of this paragraph the term 8forced or compulsory labour8 shall not include" 0i1 %ny wor' or service, not referred to in subparagraph 0b1, normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; 0ii1 %ny service of a military character and, in countries where conscientious ob(ection is recogni*ed, any national service required by law of conscientious ob(ectors; 0iii1 %ny service exacted in cases of emergency or calamity threatening the life or well-being of the community; 0iv1 %ny wor' or service which forms part of normal civil obligations. Article 1 #. ,veryone has the right to liberty and security of person. !o one shall be sub(ected to arbitrary arrest or detention. !o one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. $. %nyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 4 3. %nyone arrested or detained on a criminal charge shall be brought promptly before a (udge or other officer authori*ed by law to exercise (udicial power and shall be entitled to trial within a reasonable time or to release. 5t shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be sub(ect to guarantees to appear for trial, at any other stage of the (udicial proceedings, and, should occasion arise, for execution of the (udgement. 6. %nyone who is deprived of his liberty by arrest or detention shall be entitled to ta'e proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. +. %nyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. b. Art. III+ Sec. 0+ !0+ !*+ !2+ !123 P'il. &onstitution Section 0. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and sei*ures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the (udge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be sei*ed. Section !0. #. %ny person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. 5f the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. $. !o torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. -ecret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. 3. %ny confession or admission obtained in violation of this or -ection #9 hereof shall be inadmissible in evidence against him. 6. The law shall provide for penal and civil sanctions for violations of this -ection as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section !*. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. Section !2. #. !o person shall be detained solely by reason of his political beliefs and aspirations. $. !o involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. c. <arrantless Arrests+ Rule !!#+ Sec.*+ Ro& Section *. Arrest without warrant ; when lawful . : % peace officer or a private person may, without a warrant, arrest a person" 0a1 When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 0b1 When an offense has (ust been committed, and he has probable cause to believe based on personal 'nowledge of facts or circumstances that the person to be arrested has committed it; and 0c1 When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final (udgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. 5. &'ec=points A.9. Free5o8 against Sla7er4 5 a. Art. 2+ I&&PR b. Art. III+ Sec. !2"0$+ !123 P'il. &onstitution A.*. Free5o8 o .o7e8ent a. Art. !0 "!$ "0$ "#$ "9$+ I&&PR Article !0 #. ,veryone lawfully within the territory of a -tate shall, within that territory, have the right to liberty of movement and freedom to choose his residence. $. ,veryone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be sub(ect to any restrictions except those which are provided by law, are necessary to protect national security, public order 0ordre public1, public health or morals or the rights and freedoms of others, and are consistent with the other rights recogni*ed in the present /ovenant. 6. !o one shall be arbitrarily deprived of the right to enter his own country. b. Art. III+ Sec. ,+ !123 P'il. &onstitution Section ,. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. !either shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.