HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

Convention on the Rights of Persons with disability International convention of migrant workers & their families
- an international human rights treaty of the United Nations intended - United Nations multilateral treaty governing the protection of
to protect the rights and dignity of persons with disabilities. migrant workers and families.

. RA 8042 as amended by RA 10022

o SEC. 4. Deployment of Migrant Workers. The State shall allow the
deployment of overseas Filipino workers only in countries where
the rights of Filipino migrant workers are protected. The
government recognizes any of the following as a guarantee on the
part of the receiving country for the protection of the rights of
overseas Filipino workers:
It has existing labor and social laws protecting the rights of
workers, including migrant workers;
It is a signatory to and/or a ratifier of multilateral
conventions, declarations or resolutions relating to the
protection of workers, including migrant workers; and
It has concluded a bilateral agreement or arrangement with
the government on the protection of the rights of overseas
Filipino Workers:
o Provided, That the receiving country is taking positive, concrete
measures to protect the rights of migrant workers in furtherance of
any of the guarantees under subparagraphs (a), (b) and (c) hereof.

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Page Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY
Convention against torture and other cruek, inhuman and
degrading treatment or punishment and prescribing penalties
therefor
- an international human rights treaty, under the review of the United
Nations, that aims to prevent torture and other acts of cruel, inhuman, or
degrading treatment or punishment around the world
- provides for the establishment of "a system of regular visits undertaken by
independent international and national bodies to places where people are
deprived of their liberty, in order to prevent torture and other cruel,
inhuman or degrading treatment or punishment,"[12] to be overseen by a
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
Creation of Sub commitee
Philippines signed the Government undertake to allow visit in places of
detention in order to come up with program for detainees
War/Martial Law does not justify torture committed by the government
Solitary confinement are not allowed
Famile have the right to be informed where the detainees are brought
The Philippines signed however, it made a declaration that there will be no
visit within the period of 4 years yet to give time to put an order in
detention place in the Philippines
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- Only state actors may be held liable
o State actors agent of the state such as Soldiers, Public
officials, Police etc.
- Responsibilities of a jail guard:
o Keep a list of the detainees
- Persons in custody of the police has the right to be examined by
experts/doctors before being brought to jail
o This is to determine later on if torture will take place
International convention for the protection of all persons from
enforced disappearance
- an international human rights instrument of the United Nations and
intended to prevent forced disappearancedefined in international
law, crimes against humanity.
- he arrest, detention, abduction or any other form of deprivation of
liberty by agents of the State or by persons or groups of persons acting
with the authorization, support or acquiescence of the State, followed
by a refusal to acknowledge the deprivation of liberty or by
concealment of the fate or whereabouts of the disappeared person,
which place such a person outside the protection of the law.
Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY
- investigate acts of enforced disappearance and bring those responsible
to justice;
- ensure that enforced disappearance constitutes an offence under its
criminal law;
- establish jurisdiction over the offence of enforced disappearance when
the alleged offender is within its territory, even if they are not a citizen
or resident;
- cooperate with other states in ensuring that offenders are prosecuted
or extradited, and to assist the victims of enforced disappearance or
locate and return their remains;
- respect minimum legal standards around the deprivation of liberty,
including the right for imprisonment to be challenged before the courts;
- establish a register of those currently imprisoned, and allow it to be
inspected by relatives and counsel;
- ensure that victims of enforced disappearance or those directly affected
by it have a right to obtain reparation and compensation. (Article 24. 4)
- the right to obtain reparation covers material and dangers and, where
appropriate, other forms of reparation such as; a) Restitution. b)
Rehabilitation. c) Satisfication, including restoration of dignity and
reparation. d) Guarantee of non-repetition.
- In enforced disappearnce only state actors acting under authority of
the government may be held liable
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Remedy available to any person whose right to life, liberty and security
is violated or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity. The
writ shall cover extralegal killings and enforced disappearances or
threats thereof.
Interim reliefs:
- Temporary Protection Order order that the petitioner or the aggrieved
party and any member of the immediate family be protected in a
government agency or by an accredited person or private institution
capable of keeping and securing their safety
- Inspection Order order any person in possession or control of a
designated land or other property, to permit entry for the purpose of
inspecting, measuring, surveying, or photographing the property or any
relevant object or operation thereon.
- Production Order order any person in possession, custody or control of
any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, or objects in digitized or
electronic form, which constitute or contain evidence relevant to the
petition or the return, to produce and permit their inspection, copying
or photographing by or on behalf of the movant.
- Witness Protection Order refer the witnesses to the Department of
Justice for admission to the Witness Protection, Security and Benefit
Program
Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

Case: EDGARDO NAVIA v. VIRGINIA PARDICO ISSUE:

FACTS: Whether or not the issuance of A Writ of Amparo is proper?

A vehicle of Asian Land Strategies Corporation (Asian Land) arrived at the house
of Lolita M. Lapore. The arrival of the vehicle awakened Lolitas son, Enrique Lapore
RULING:
(Bong), and Benhur Pardico (Ben), who were then both staying in her house. When Lolita
went out to investigate, she saw two uniformed guards disembarking from the vehicle. The Court ruled in the negative. The Court pointed out that in an amparo
One of them immediately asked Lolita where they could find her son Bong. Before Lolita petition, proof of disappearance alone is not enough. It is likewise essential to establish
could answer, the guard saw Bong and told him that he and Ben should go with them to that such disappearance was carried out with the direct or indirect authorization, support
the security office of Asian Land because a complaint was lodged against them for theft or acquiescence of thegovernment. The writ shall cover extralegalkillings and enforced
of electric wires and lamps in the subdivision. Shortly thereafter, Bong, Lolita and Ben disappearances or threatsthereof. "Enforced or involuntary disappearanceof persons"
were in the office of the security department of Asian Land also located in Grand Royale means the arrest, detention, orabduction of persons by, or with theauthorization,
Subdivision. support or acquiescence of, aState or a political organization followed by arefusal to
acknowledge that deprivation offreedom or to give information on the fate
Exasperated with the mysterious disappearance of her husband, Virginia filed a
orwhereabouts of those persons, with the intentionof removing from the protection of
Petition for Writ of Amparobefore the RTC of Malolos City. A Writ of Amparo was
the law for aprolonged period of time. From the statutory definition of enforced
accordingly issued and served on the petitioners. The trial court issued the challenged
disappearance, thus, we can derive the following elements that constitute it:
Decision granting the petition. Petitioners filed a Motion for Reconsideration which was
denied by the trial court. a. that there be an arrest, detention,abduction or any form of deprivation
of liberty;
Petitioners essentially assail the sufficiency of the amparo petition. They contend
b. that it be carried out by, or with theauthorization, support or
that the writ of amparo is available only in cases where the factual and legal bases of the
acquiescence of, theState or a political organization;
violation or threatened violation of the aggrieved partys right to life, liberty and security
c. that it befollowed by the State or political organizationsrefusal to
are clear. Petitioners assert that in the case at bench, Virginia miserably failed to establish
acknowledge or give information onthe fate or whereabouts of the
all these. First, the petition is wanting on its face as it failed to state with some degree of
person subject ofthe amparo petition; and,
specificity the alleged unlawful act or omission of the petitioners constituting a violation
d. that the intentionfor such refusal is to remove subject person fromthe
of or a threat to Bens right to life, liberty and security. And second, it cannot be deduced
protection of the law for a prolonged periodof time
from the evidence Virginia adduced that Ben is missing; or that petitioners had a hand in
his alleged disappearance. On the other hand, the entries in the logbook which bear the
signatures of Ben and Lolita are eloquent proof that petitioners released Ben on March
31, 2008 at around 10:30 p.m. Petitioners thus posit that the trial court erred in issuing the
writ and in holding them responsible for Bens disappearance.

Page 4 Compiled by: Rob Jane M. Solito

Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY
Case # 2:
- Remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the person,
family, home and correspondence of the aggrieved party.
Coverage:
- Information gathered by government offices that would tend to violate
privacy of individuals
Case # 1:
o FACTS:
The petitioner was a politician whose name was
involved in a list from the policemen
List was about having private armed groups
The petitioner filed a petition to expunge her name
from such list
o RULING:
The Supreme Court denied the petition
It held that the petitioner cannot orde police to
expunge her name from the lsit because she has no
sufficient proof and the list is a confidential
information gathered by the police which puts the
national security at stake
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o FACTS:
Police officer had a mistress
Such mistress holds photos of them together
The mistress filed a case under RA 9262 against the
police officer
The police officer filed a petition of habeas data to
order the mistress not to show the said photos
o RULING:
The Supreme Court denied the petition
It held the the case at hand is not covered in the Writ
of Habeas Dta. The said photos are private photos
which are not kept and obtained by any government
office
Writ of Habeas Corpus
- it is a writ directed to the person detaining another, commanding
him to produce the body of the prisoner at a designated time and
place, with the day and cause of his capture and detention, to do,
submit to, and receive whatsoever the court or judge awarding
the writ shall consider in that behalf.
Writ of Amparo
- Remedy available to any person whose right to life, liberty and
security is violated or threatened with violation by an unlawful act
or omission of a public official or employee, or of a private
individual or entity. The writ shall cover extralegal killings and
enforced disappearances or threats thereof.
Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

Rome Statute of the International criminal court

- established four core international crimes: genocide, crimes against
humanity, war crimes, and the crime of aggression. Those crimes "shall not
be subject to any statute of limitations". Under the Rome Statute, the ICC
can only investigate and prosecute the four core international crimes in
situations where states are "unable" or "unwilling" to do so themselves. The
court has jurisdiction over crimes only if they are committed in the territory
of a state party or if they are committed by a national of a state party; an
exception to this rule is that the ICC may also have jurisdiction over crimes if
its jurisdiction is authorized by the United Nations Security Council.
- No immunity, even the head of State may be prosecuted
- There is an international court
- Any state party may refer a situation
- UN security counsel may refer situation (even if it is not a state party)
- 2 levels:
o Trial Chamber:
Functions like a Regional trial court
Hear a case by group of recognized lawyers (defense and
prosecution)
Issue warrant of arrest
o Appeals Chamber:
Becomes involved if a party wants to challenge the decision
of the Pre-Trial Chamber or the Trial Chamber. Because the
Appeal Chamber is the final decision maker, decisions by its
judges are ultimately the most important
- Life imprisonment at the places of detention of State parties who signified
acceptance of convicts
- No law enforcers State parties have the obligation to arrest the person
and surrender to the International Criminal Courty
- United Nations General Assembly convened to finalize and adopt a
convention on the establishment of an international criminal court
- International criminal court:
o Investigate, Prosecute and Convict those who commit serious
criminal crimes
o Prosecute individuals not groups, organizations or states
o Only prosecute individuals who are the most responsible
perpetrator (head of state, head of military, head of rebel)
o The commission of the act must not be ordinary but widespread
- International Crimes:
o War crimes
o Crimes against humanity
o Genocide
Ex. Hitler committed to Jewish people
Myanmar ethnic minority were systemtically killed by
tribes of the majority
o Crimes of aggression

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Page Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY
Principle of Complementarity
- International Criminal Court established under this Statute shall be
complementary to national criminal jurisdictions
- Four reasons for the complementary system:
o It protects the accused if they have been prosecuted before
national courts.
o It respects national sovereignty in the exercise of criminal
jurisdiction.
o It might promote greater efficiency because the ICC cannot deal
with all cases of serious crimes.
o It puts the onus on states to do their duty under international and
national law to investigate and prosecute alleged serious crimes
Doctrine of Command Responsibility
- a form of responsibility for omission to act: a superior may be held
criminally responsible under that doctrine where, despite his awareness of
the crimes of subordinates, he culpably fails to fulfill his duties to prevent
and punish these crimes.
- Requirements:
o A relationship of superior-subordinate linking the accused and those
who committed the underlying offences at the time of the
commission of the crime;
o The knowledge on the part of the superior that his subordinates
have committed or taken a culpable part in the commission of a
crime or are about to do so; and
o A failure on the part of the superior to take necessary and
reasonable measures to prevent or to punish those crimes.
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Principle of Universal Jurisdiction
- Allows for the trial of international crimes committed by anybody,
anywhere in the world.
- A legal principle allowing or requiring a state to bring criminal proceedings
in respect of certain crimes irrespective of the location of the crime and the
nationality of the perpetrator or the victim
o Rationale: certain crimes are so harmful to international interests
that states are obliged to bring proceedings against the perpetrator,
regardless of the location of the crime and the nationality of the
perpetrator or the victim
International Law
- Set of rules that governs the relationship of states
- A body that protects the entitlement of humans
- Body that governs human rights
International Humanitarian Law
- Set of rules which basically regulates means and methods of warfare for
humanitarian reasons which seeks to limit armed conflicts
o Retrict those whose primary purpose is to spread terrorism and
inflict unnecessary suffering
- Applies only during war:
o International Armed Conflict
o Domestic Armed Conflict
Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

- The Declaration sets out the individual and collective rights of indigenous
peoples, as well as their rights to culture, identity, language, employment,
Establish the standards of international law for humanitarian treatment in health, education and other issues. It also "emphasizes the rights of
war indigenous peoples to maintain and strengthen their own institutions,
Composed of 4 Conventions and 3 Protocols cultures and traditions, and to pursue their development in keeping with
their own needs and aspirations"
The Conventions are long and complicated, but they are essentially a
- indigenous peoples are equal to all other peoples," guaranteeing them the
series of 'do's' and 'don'ts' to apply during conflict to protect
right of existence, of living free of discrimination, and entitling them as
vulnerable and defenceless individuals.
peoples to self-determination under international law.

- Article 2
o Indigenous peoples and individuals are free and equal to all other
peoples and individuals and have the right to be free from any kind
of discrimination, in the exercise of their rights, in particular that
based on their indigenous origin or identity.
- Article 3
o Indigenous peoples have the right to self-determination. By virtue
of that right they freely determine their political status and freely
pursue their economic, social and cultural development.
- Article 4
o Indigenous peoples, in exercising their right to self-determination,
have the right to autonomy or self-government in matters relating
to their internal and local affairs, as well as ways and means for
financing their autonomous functions.
- Article 5
Declaration of Rights of Indigenous Peoples: o Indigenous peoples have the right to maintain and strengthen their
- legislation that recognize and promote all the rights of Indigenous Cultural distinct political, legal, economic, social and cultural institutions,
Communities/Indigenous Peoples of the Philippines. while retaining their right to participate fully, if they so choose, in
the political, economic, social and cultural life of the State.

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Page Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY
SECTION 21. Equal Protection and Non-discrimination of ICCs/IPs. accord to the
members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest
of the citizenry. It shall extend to them the same employment rights,
opportunities, basic services, educational and other rights and privileges available
to every member of the society.
SECTION 22. Rights During Armed Conflict. ICCs/IPs have the right to special
protection and security in periods of armed conflict.
SECTION 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment.
It shall be the right of the ICCs/IPs to be free from any form of discrimination,
with respect to recruitment and conditions of employment, such that they may
enjoy equal opportunities for admission to employment, medical and social
assistance, safety as well as other occupationally-related benefits, informed of
their rights under existing labor legislation and of means available to them for
redress, not subject to any coercive recruitment systems, including bonded labor
and other forms of debt servitude; and equal treatment in employment for men
and women, including the protection from sexual harassment.
SECTION 24. Unlawful Acts Pertaining to Employment. It shall be unlawful for any
person:
a. To discriminate against any ICC/IP with respect to the terms and
conditions of employment on account of their descent. Equal
remuneration shall be paid to ICC/IP and non-ICC/IP for work of
equal value; and
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b. To deny any ICC/IP employee any right or benefit herein provided
for or to discharge them for the purpose of preventing them from
enjoying any of the rights or benefits provided under this Act.
SECTION 25. Basic Services. The ICCs/IPs have the right to special measures for
the immediate, effective and continuing improvement of their economic and
social conditions, including in the areas of employment, vocational training and
retraining, housing, sanitation, health and social security.
SECTION 26. Women. ICC/IP women shall enjoy equal rights and opportunities
with men, as regards the social, economic, political and cultural spheres of life.
The participation of indigenous women in the decision-making process in all
levels, as well as in the development of society, shall be given due respect and
recognition.
The State shall provide full access to education, maternal and child care,
health and nutrition, and housing services to indigenous women. Vocational,
technical, professional and other forms of training shall be provided to enable
these women to fully participate in all aspects of social life. As far as possible, the
State shall ensure that indigenous women have access to all services in their own
languages.
SECTION 27. Children and Youth. The State shall recognize the vital role of the
children and youth of ICCs/IPs in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual and social well-being..
SECTION 28. Integrated System of Education. The State shall, through the NCIP,
provide a complete, adequate and integrated system of education, relevant to
the needs of the children and young people of ICCs/IPs.
Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law
 HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY

HUMAN RIGHTS LAW

Final Exam Schedule:
Thursday, October 26, 2017

Pointers:
Writ of Amparo
o Reliefs
o Navia vs Pardinico
Principle of Command Responsibility
Principle of Universal Jurisdiction
Principle of Complimentarity
How does Philippines guarantee that rights of the OFWS
are protected (Convention of Migrant Workers)
Writ of Habeas Data
Habeas Corpus vs Habeas Data
International Humanitarial Law
Declaration of Rights of Indigenous People

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Page Compiled by: Rob Jane M. Solito
Bukidnon State University College of Law