HUMAN RIGHTS LAW

MIDTERMS REVIEWER
DR. REY OLIVER S. ALEJANDRINO, LLB, LLM, DCL

liberty of each person/nation to determine the course of action for

CHAPTER 1. INTRODUCTION themselves without the interference of outside force and the right to a
decent standard of living that should be afforded each member of the
DEFINITION: community.

Human Rights are inherent entitlements which belong to every person The ​principle of self-determination is prominently embodied in
as a consequence of his being a human. Article I of the Charter of the ​United Nations​. Earlier it was explicitly
embraced by US President Woodrow Wilson, by Lenin and others, and
“Human rights are deemed as the most fundamental right. These became the guiding principle for the reconstruction of Europe following
include the right to life, education, protection from torture, free World War I.
expression, and fair trial. Many of these rights bleed into civil rights, but
they are considered to be necessities of human existence (hg.org).” The Vienna Declaration and Programme of Action emphasizes that
self-determination is an integral part o​f human rights law which has a
Natural Human Rights: Rights which are inviolable; flows from one’s universal application. At the same time, it is recognized that
being a person. For instance: Right to life compliance with the right of self-determination is a fundamental
condition for the enjoyment of other human rights and fundamental
➔ These rights do not depend on laws or customs of any freedoms, be they civil, political, economic, social or cultural
particular culture or government, and, therefore, universal (unpo.org)​.
and inalienable (these cannot be repealed by human laws,
though one can forfeit enforcement through one's actions, *International humanitarian law and international human rights law are
such as by violating someone else's rights). two distinct but complementary bodies of law. They are both concerned
with the protection of life, health and dignity.
Civil Rights: ​Non-political rights of a person ​(Merriam-Webster)​.
Rights ​that one enjoys by virtue of citizenship in a particular nation or However, International Humanitarian Law (IHL) applies only in
state. ​Rights which promote individual freedom and pursuit of armed conflict while ​International Human Rights Law (IHRL) applies
happiness. at all times, in peace and in war.

Political Rights​: Rights used to participate in government activities. The main difference in their application is that international human
Ri​ghts that involve participation in the establishment or administration rights law allows a state to suspend a number of human rights if it
of a government and are usually held to entitle the adult citizen to faces a situation of emergency. IHL cannot be suspended (except as
exercise the franchise, the holding of public office, and other political provided in Article 5 to the Fourth Geneva Convention).
activities (Merriam-Webster).

Statutory Rights​: granted by the law-making body ➔ IHRL is a system of laws, both domestic and international
Constitutional rights​: Rights granted by the Constitution intended to promote human rights
➔ It is a set of international rules, established by treaty or
Right to development: Right to undergo development and custom, on the basis of which individuals and groups can
advancement for the sustainability of an entity. expect and/or claim certain behavior or benefits from
governments.
The Declaration on the Right to Development was adopted by the UN
Human Rights in 1986. International Law​. ​set of rules, agreements and treaties that are
binding between countries.
Article 1: ​The ​right to development is an inalienable human right by
virtue of which every human person and all peoples are entitled to Customary Laws: ​set of customs, practices and beliefs that are
participate in, contribute to, and enjoy economic, social, cultural and accepted as obligatory rules of conduct by indigenous peoples and
political development, in which all human rights and fundamental local communities. Customary law forms an intrinsic part of their social
freedoms can be fully realized. and economic systems and way of life.

Article 2​: The human right to development also implies the full Accession: An act whereby a state accepts the offer or opportunity to
realization of the right of peoples to self-determination, which includes, become a party to a treaty already negotiated and signed by other
subject to the relevant provisions of both International Covenants on states.
Human Rights, the exercise of their inalienable right to full sovereignty
over all their natural wealth and resources. Ratification: T​he confirmation of a previous act done either by the
party himself or by another; confirmation of a voidable act (Black’s
Right to self-determination: ​One’s right to freely determine their Law)
political status and to pursue their economic, social and cultural
development. Check Definition of right to life, liberty, property/ Bill of Rights

All people have the right to self-determination. By virtue of that right,

Doctrine of Incorporation
people freely determine their political status and freely pursue their
economic, social and cultural development (unpo.org).
This principle states that generally accepted principles of international
Its focal point is the right to establish a distinct and separate identity. law form part of the laws of the land.
Basis of right to development and right to self-determination are the
The doctrine “mandates that the Philippines is bound by generally

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HUMAN RIGHTS LAW
MIDTERMS REVIEWER
DR. REY OLIVER S. ALEJANDRINO, LLB, LLM, DCL

accepted principles of international law which automatically form part of Constitution, and Bill of Rights
Philippine law by operation of the Constitution.” 6. French Declaration of the Rights of Man and of the Citizen
7. The Covenant of the League of Nations and the UN Charter
Doctrine of transformation holds that the generally accepted rules of
international law are not per se binding upon the State but must first be PEOPLE WHO CONTRIBUTED TO THE DEVELOPMENT OF
embodied in legislation enacted by the lawmaking body and so HUMAN RIGHTS
transformed will they become binding upon the State as part of its
municipal law. 1. GREEKS

The Philippines as a member of the United Nations signed, ratified and THE GREEKS believe in natural law. They recognized the human
acceded to a number of human rights treaties and conventions. rights of all human beings.

This body of international law has been incorporated with the domestic Great men such as Solon, Draco, Plato and Aristotle contributed to the
law by virtue of a constitutional provision adopting the generally development of Human Rights.
accepted principles of international law as part of the law of the land.
Thus, international law becomes part of municipal law [only] if it is
★ Solon​, the Greek (Athenian poet) and lawmaker who
incorporated into municipal law.
“conceived the rule by law and not by men.”

This principle that international law is deemed part of the Philippine law
He also ended the aristocratic control over government and
by virtue of both the doctrines of transformation and of incorporation
replaced it with the limited rule of perhaps one thousand
has always been affirmed by jurisprudence.
wealthier male citizens.

CLASSIFICATION OF HUMAN RIGHTS:

Under ​Solon's reforms, all debts were abolished and all
debt-slaves were freed.
*THIS G ​ ENERALLY ACCEPTED CLASSIFICATION can be found in
the Universal Declaration of Human Rights and laid down in two legally
Solon’s legal code replaced Draco’s harsh laws except for
binding international instruments, the I​ nternational Covenant on Civil
those concerning homicide. He introduced two important
and Political Rights (ICCPR, adopted in the year 1966) and the
changes into judicial practice: any Athenian—not merely the
International Covenant on Economic, Social and Cultural Rights
injured party—might initiate a suit, and some measure of
(ICESCR, adopted in the year 1966). This classification follows the
control over the verdict of magistrates was provided by right
historical development of human rights.
of appeal to a court of the citizens at large (Britannica).

1. The ​First Generation of Rights – pertain to the

International Covenant on Civil and Political Rights. It
★ Draco​: another prominent legislator in Athens who wrote his
includes the Articles 2-21 of the Universal Declaration of
own code of laws. These laws are also referred to as the
Human Rights. It conceives of human rights more in negative
“Draconian Constitution”​which underscored the Greek
than positive terms. It is geared more toward the negative
commitment to developing law and refining government to
than positive definition. It favors abstention, rather than the
meet the needs of the times.
intervention of government in the quest for human dignity.
2. Second Generation of Rights – refers to the International
Covenant on Economic, Social and Cultural Rights. These Coded his own laws and paved the way for the
rights trace their origin from the socialist doctrine which institutionalization of laws. His laws are later referred to as
advocates the equitable sharing of economic sources, Draconian which means s​evere or extremely severe
services and welfare benefits to all the people. because it punishes even trivial offenses with grave
3. Third Generation of Rights make mention of the solidarity punishments.
rights which can be found in Article 28 of the Universal
Declaration of Human Rights,which proclaims that: Greek Philosophers P ​ lato and Aristotle ​dwelt on the idea of
“Everyone is entitled to a social and international order in philosopher-kings ruling the society.
which the rights set forth in this Declaration can be fully
realized.” ★ Plato advanced the concept of the common good which
contains an unusual defense of equal rights for women and a
universal moral standard of human conduct, in war and in
peace.
CHAPTER 2: HISTORICAL THEORY, ORIGIN AND DEVELOPMENT
OF INTERNATIONAL HUMAN RIGHTS LAW Introduced the idea that society would best be ruled by
philosopher-kings. He was the mentor of his student
1. The Greek Philosophy Aristotle.
2. The Roman Law
3. The Judeo-Christian Tradition ★ On the other hand, ​Aristotle ​evaluated values such as
4. The English Magna Carta, Petition of Rights, and Bill of virtue, justice and rights and showed that they are best
Rights preserved in a mixed government (not a pure democracy,
5. The American Declaration of Independence, US oligarchy or tyranny) with an economically strong body of

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HUMAN RIGHTS LAW
MIDTERMS REVIEWER
DR. REY OLIVER S. ALEJANDRINO, LLB, LLM, DCL

citizens. of the foundation of all subsequent Western civil and criminal law.

Aristotle believes that the ideal society need not be led by 3. JUDEO-CHRISTIAN (TRADITION)
philosopher-kings by the best government would be a mixed
government with a strong body of citizens. (All are children of God deserving respect and just treatment. Justice
springs from God’s love. We owe love and charity to our neighbors).
❖ Stoicism

The contributions of Judeo-Christian to our modern concept of human

Stoicism followed the Philosophy of Plato and Aristotle. It is an ancient
rights rooted in the fundamental principles of Judaism and Christianity.
Greek school of Philosophy founded in Athens by Zeno of Citium.

The central understanding of the human being within the

The Stoics believed in the existence of a natural law, the ​jus naturale,
Judeo-Christian tradition starts with the idea that people were created
that flows from ​lex aeterna ---the cosmos’ law of reason--- and
in the image of God and, therefore,has a divine link to the Creator, and
considered that all humans shared a spark of divinity and that the earth
should enjoy inviolable rights.
and cosmos belonged to one indissoluble process​.

➔ Strongly founded on the concept of brotherhood, and the

➔ Every person has within him a spark of divinity, hence
commandment of Christ to love our neighbor which is the
entitled to basic and inviolable rights as ordained by the
true meaning of charity.
Creator.
➔ It also notes that the Story of Christ is deemed to be one of
the earliest instances of denial of due process.
➔ By virtue reflecting the divine image, absolute worth is
accorded to human beings.
2. ROMANS

Roman law continued Greek Stoicism in the development of its

concept of natural law which inspired the notion of universal rights for 4. ENGLISH (Magna Carta Distinguished from Petition of
all human beings. Rights)

Two Roman emperors, Octavian and Justinian prominently helped The Magna Carta of 1215, also known as the ​“Great Charter of
develop Roman law. Liberties” was widely viewed as one of the most important legal
documents in the development of Modern democracy since it was a
★ Octavian/Octavius, known as Caesar Augustus, was the turning point in the struggle to establish freedom.
first Roman Emperor. He introduced the principle of
“adherence to precedent” or stare decisis (stare decisis et ➔ Concessions which started from the “avaricious rule” of King
non quieta movere) which serves as the bulwark of efforts to John I by his rebellious barons. Considered as the first
institutionalize human rights in law. This principle gave English constitution and contained liberties and rights of
stability to the legal system. English people.
★ Justinian, ​known as Justinian I or Justinian the Great who
codified the Roman law and published the “Corpus Juris
It established for the first time a very significant constitutional principle:
Civilis” (Body of CivilLaw).
“that the power of the king could be limited by a written grant”.
➔ He pioneered the term and concept of “justice”.
➔ During his rule, standards in judging the legitimacy of laws
and traditions were set: a vital precursor to effectively It was regarded as the first English Constitution which guaranteed
implement human rights today. personal liberties and civil rights.It granted all free men of their
kingdom all the liberties written in the Magna Carta.
12 TABLES. The rift between patricians and plebeians in 400s B.C.E.
Among them was the right of the church to be free from governmental
forced the ​publication of the Twelve Tables​, the ancient Roman
interference, the right of all free citizens to own and inherit property and
laws, by the plebeians. The new code ​promoted the organization of to be protected from excessive taxes.
public prosecution of crimes and instituted a system whereby
injured parties could seek just compensation in civil disputes. It established the rights of widows who owned property to choose not
to remarry, and established principles of due process and equality
➔ The plebeians were protected from the legal abuses of the before the law. It also contained provisions forbidding bribery and
ruling patricians, especially in the enforcement of debts. official misconduct.
Serious punishments were levied for theft and the law ​ga​ve
male heads of families enormous social power​. On the other hand, the ​Petition of Right ​which came Four centuries
later in 1628, was considered to be of importance to the history of
human rights.
The important basic principle of a written legal code for Roman law
was established, and justice was no longer based solely on the
It came as a result of major dissatisfaction over King Charles I’s fiscal
interpretation of judges. These laws formed an important part policies of demanding forced loan from landowners without the consent

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HUMAN RIGHTS LAW
MIDTERMS REVIEWER
DR. REY OLIVER S. ALEJANDRINO, LLB, LLM, DCL

of Parliament. Ultimately, Parliament agreed to a tax only after King This guaranteed the rights of liberty, private property, freedom of
Charles I accepted the Petition of Right. expression, the inviolability of the person and resistance to oppression.

The Petition of Right enumerated four prohibitions: The Declaration also defined liberty. While liberty consists in the
freedom to do everything which injures no one else and the exercise of
(1) no loans without the consent of Parliament; the natural rights of each man has no limits, the enjoyment of such
rights should also be accorded to the other members of the society.
(2) no gentlemen who refused such loans would be arrested, and no
imprisonment was to occur without just cause; However, no one may be forced to do anything not provided for by law.

(3) no soldiers were to be housed on the citizenry in order to save the ❖ UN Charter
crown money; and
UN Charter (1945) is the foundational
(4) no martial law could be imposed in peacetime.
treaty of the United Nations.
5. AMERICAN (Declaration of Independence, US Constitution and
the Bill of Rights) It articulated a commitment to uphold human rights of citizens and
outlined a broad set of principles relating to achieving higher standards
The American Declaration of Independence was the first piece of of living, addressing economic, social health, and related problems and
document that met a modern definition of human rights. universal aspect for and observance of human rights and fundamental
freedoms for all without any distinction as to race, sex, language or
religion.
It was made by the U. S. Congress on July 4, 1776 through the
unanimous declaration of the thirteen united States of America, to wit:
(Connecticut, Delaware, Georgia, Maryland, Massachusetts, New In its Preamble, it “reaffirms faith in fundamental human rights, in the
Jersey, New Hampshire, New York, North Carolina, Pennsylvania, dignity and worth of the human person, in the equal rights of men and
South Carolina, Virginia). women and of nations large and small”.

The Declaration further asserted that the people could limit state power Its purpose is clear: “To achieve international cooperation in solving
if their human rights were abridged and if government violated the international problems of an economic, social, cultural, or humanitarian
inalienable rights to life, liberty and the pursuit of happiness, then the character, and in promoting and encouraging respect for human rights
people could rebel against the duly constituted government. and for fundamental freedoms for all without distinction as to race, sex,
language, or religion.”
❖ The U. S. Constitution (1788) established America’s national
government and fundamental laws, guaranteed certain basic rights for ❖ Articles of Human Rights contained in the Universal
its citizens. Declaration of Human Rights.

This Constitution originally comprising of seven articles and contained The Universal Declaration of Human Rights consists of 30 articles,
no Bill of Rights yet, delineates the national frame of government. although not legally binding in themselves, have been elaborated in
subsequent international treaties and instruments. It can be
substantially divided into three generations namely:
It clearly stated in its Preamble that the primary objective of the Union
is to“establish Justice, insure Tranquility, provide for the common
defense, promote the general welfare, and secure the Blessings The First-generation, sometimes called the “blue rights” which
ofLiberty.” deals essentially with liberty and participation in political life.

In the year 1791, 12 amendments were originally proposed, however, This covers the Articles 2 to 21 which are fundamentally civil and
only 10 were ratified which later became known as the “Bill of Rights”. political in nature, including, among other things, the right to life,
equality before the law, freedom of speech, right to a fair trial, freedom
of religion and voting rights.
It defined citizen’s rights in relation to the newly established
government under the Constitution.
The ​Second-generation​, sometimes called the secondary rights are
related to equality and began to be recognized by government after
It also guaranteed essential rights and civil liberties, such as the right
World War II.
to free speech, the right to bear arms and the right to a fair trial, as well
as protecting the role of the states in American government.
These include Articles 22 to 28 which are fundamentally economic,
social and cultural in nature​, including, among other things, right to
6. FRENCH (Declaration of the Rights of Man and of the Citizen)
be employed in just and favorable conditions, right to food, housing
and health care, as well as the social security and unemployment
French Declaration of the Rights of Man and of the Citizen (1789) has benefits.
the basic principle that “all men are born and remain free and equal in
rights”.

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HUMAN RIGHTS LAW
MIDTERMS REVIEWER
DR. REY OLIVER S. ALEJANDRINO, LLB, LLM, DCL

Article 1 Right to Equality Article 16 Right to Marriage and Family

Article 2 Freedom from Discrimination

Article 17 Right to Own Property

Article 3 Right to Life, Liberty, Personal Security

Article 18 Freedom of Belief and Religion

Article 4 Freedom from Slavery

Article 19 Freedom of Opinion and Information

Article 5 Freedom from Torture and Degrading Treatment

Article 20 Right of Peaceful Assembly and Association

Article 6 Right to Recognition as a Person before the Law

Article 21 Right to Participate in Government and in Free
Elections

Article 7 Right to Equality before the Law

RIGHTS PROTECTED BY THE INTL COVENANT ON
ECONOMIC, SOCIAL, & CULTURAL RIGHTS
Article 22

Article 8 Right to Remedy by Competent Tribunal Right to Social Security

Article 9 Freedom from Arbitrary Arrest and Exile Article 23 Right to Desirable Work and to Join Trade Unions

Article 10 Right to Fair Public Hearing

Article 24 Right to Rest and Leisure

Article 11 Right to be Considered Innocent until Proven Guilty

Article 25 Right to Adequate Living Standard

Article 12 Freedom from Interference with Privacy, Family, Home Article 26 Right to Education
and Correspondence

Article 13 Right to Free Movement in and out of the Country

Article 27 Right to Participate in the Cultural Life of Community

Article 14 Right to Asylum in other Countries from Persecution

Article 28 Right to a Social Order that Articulates this Document

Article 29 Community Duties Essential to Free and Full

Article 15 Right to a Nationality and the Freedom to Change It Development

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HUMAN RIGHTS LAW
MIDTERMS REVIEWER
DR. REY OLIVER S. ALEJANDRINO, LLB, LLM, DCL

rights should be protected by the rule of law at all cost.

Article 30 Freedom from State or Personal Interference in the
above Rights
It sustained the declaration that all human beings are born free; equal
in dignity and rights; have the right to life, liberty and security of person;
are entitled without any discrimination to equal protection of the law;
and to a fair and public hearing by an independent and impartial
tribunal.
The Third-generation ​are those rights that go beyond the mere civil
and social. However, it remains largely unofficial.
2) Second, the International Covenant on Civil and Political
Rights (ICCPR) which is a multilateral treaty adopted by the
There are six (6) claimed rights under this Declaration:
UN General Assembly providing a range of protections for
civil and political rights.
(1) the right to political, economic, social, and cultural 3) Third, the International Covenant on Economic, Social, and
self-determination; Cultural Rights (ICESCR). State parties herein recognize
that freedom from fear and want can only be achieved if
(2) the right to economic and social development; conditions are created whereby everyone may enjoy their
economic, social and cultural rights.
(3) the right to participate in and benefit from the common heritage of
mankind; UN Charter obliges all member nations to promote “universal respect
for, and observance of, human rights” and to take “joint and separate
(4) the right to peace; action to that end.”

(5) the right to a healthy and balanced environment, and ❖ Rights Protected by the International Covenant on Civil and
Political Rights
(6) the right to humanitarian disaster relief.
Articles 2-21 of the Universal Declaration of Human Rights belong to
this multilateral treaty. These rights are reiterated in more detail in this
Covenant. This includes the:

CHAPTER 3: INTERNATIONAL BILL OF HUMAN RIGHTS LAW ▪ freedom from racial and equivalent forms of discrimination;
▪ the right to life, liberty, and the security of the person;
1. Charter of the United Nations ▪ freedom from slavery or involuntary servitude,
▪ freedom from torture and from cruel, inhuman, or
2. Universal Declaration of Human Rights degrading treatment or punishment;
▪ freedom from arbitrary arrest, detention, or exile;
2A. International Covenant on Civil and Political Rights ▪ the right to a fair and public trial;
▪ freedom from interference in
2AA) First Optional Protocol to the privacy and correspondence;
International Covenant on Civil and Political ▪ freedom of movement and
Rights residence;
▪ the right to asylum from
2BB) Second Optional Protocol to the persecution;
International Covenant on Civil and Political ▪ freedom of thought, conscience and
Rights, aiming at the abolition of the death penalty religion;
▪ freedom of opinion and expression;
▪ freedom of assembly and
2B. International Covenant on Economic,Social and Cultural association; and
Rights ▪ the right to participate in
government, directly or through free
2AA. Optional Protocol to the Covenant on elections; and
Economic, Social and Cultural Rights ▪ the right to own property

❖ International Bill of Rights and UN Charter ❖ Rights Protected by the International Covenant on Economic,
Social and Cultural Rights
International Bill of Rights refers to three documents drafted under the
auspices of the United Nations, each proclaiming a list of fundamental Articles 22-27 of the Universal Declaration of Human Rights belong to
human rights. this multilateral treaty. These rights include:

1) First, the Universal Declaration of Human Rights (UDHR) ▪ the right to social security;
which has been declared as a common standard of ▪ the right to work and to protection
achievement for all peoples and all nations and that human against unemployment;
▪ the right to rest and leisure,

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HUMAN RIGHTS LAW
MIDTERMS REVIEWER
DR. REY OLIVER S. ALEJANDRINO, LLB, LLM, DCL

including periodic holidays with pay;

▪ the right to a standard of living adequate for the health and
well- CHAPTER 4: SEVEN CORE INTERNATIONAL HUMAN RIGHTS
being of self and family; TREATIES
▪ the right to education; and the
▪ right to the protection of one’s 4A. International Convention on the Elimination of All Forms of
scientific, literary, and artistic production. Racial Discrimination
(Notes from Dr Alejandrino’s lecture)

❖ UDHR, ICCPR and ICESCR distinguished ➔ party-states shall prohibit all legislation that promote racial
discrimination
The two Conventions, ​the International Covenant on Civil and Political ➔ right to equal treatment
Rights a​ nd ​the International Covenant on Economic, Social and ➔ freedom of movement
Cultural Rights ​are deemed ​STRONGER ​than the Universal ➔ right to marriage
Declaration of Human Rights since the first two are legally binding for ➔ right to nationality
State Parties that have signed them ​(hrlibrary.umn.edu). ➔ choice of spouse
➔ freedom of thought, conscience and religion
➔ freedom of opinion and expression
UDHR is deemed an ideal standard held in common by nations but
➔ freedom of assembly
bears no force of law being a mere declaration.
➔ right to form and join trade union
➔ right to housing
The two treaties are based from the UDHR. From 1948 to 1966, the ➔ right to equal participation in cultural activities
UN Human Rights Commission’s main task was to create a body of ➔ right to access comfort room for LGBT q plus
international human rights law based on the Declaration, and to
establish the mechanisms needed to enforce its implementation and ***committee on the elimination of racial discrimination
use. ••• communications: state party must declare the competence of the
When a UN General Assembly adopts a convention, it creates committee to receive and consider comms from individuals or groups
international norms and standards that can be ratified. If violated, UN of individuals within its jurisdiction.
can censure the state parties. *** denunciation:state party may denounce the convention by written
notification to sec gen of UN and shall take effect 1 year after date of
receipt upon notification by the sec gen
1. Enforceability​: ​All member states have agreed to uphold
the UDHR. Although the declaration was intended to be Case of Yilman Dogan v Netherlands: Issue here was whether or not
n​onbinding​, through time, its various provisions have the state party failed to meet its obligation under article 53 to guarantee
become so respected by States.. A well-known but very equality before the law in respect of the right to work and protection
significant institutional difference between the two systems is against unemployment, and (b) whether Articles 4 and 6 impose on
their respective methods of enforcement. State parties an obligation to initiate criminal proceedings in cases of
2. Obligations imposed by the instruments alleged racial discrimination and to provide for an appeal mechanism in
cases of such discrimination.
The Human Rights Commission produced two major documents: the
International Covenant on Civil and Political Rights (ICCPR) and the ● The petitioner, in this case, argued that the Netherlands had
International Covenant on Economic, Social and Cultural Rights violated the Convention as she had been subjected to racial
(ICESCR). Both became international law in 1976. Together with the discrimination. Furthermore, the Netherlands had failed to
Universal Declaration of Human Rights, these two covenants comprise provide adequate protection or legal remedies.
what is known as the “International Bill of Human Rights.”
● Meanwhile, the State argued that neither the Director of the
The ICCPR focuses on issues such as the right to life, freedom of Labour Exchange or the Cantonal Court violated the
speech, religion and voting. The ICESCR focuses on food, education, Convention as it met its obligation to guarantee equality of
health and shelter. Both covenants proclaim these rights for all people the right to employment by providing non-discriminatory
and forbid discrimination. remedies. The decision of the Cantonal Court does not show
that the court accepted the employer’s arguments. The case
was considered in the light of civil law, not the petitioner's
3. Consequences in case of infraction. ​IDHR does not ethnic origin.
impose obligations and consequences in case of violations.
4. Covenant versus declaration: HELD: The petitioner’s right to work was not protected. The State
should ascertain whether Mrs. Yilmaz is now gainfully employed and, if
Convention: Binding agreement ​between states; used not, help her secure alternative employment and/or to provide her with
synonymously with Treaty and ​Covenant​. equitable relief.

Declarations: Document stating agreed upon standards

but which is not legally binding (hrlibrary.umn.edu) 4B. Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)

➔ Adopted in 1979. Described as intl bill of rights

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HUMAN RIGHTS LAW
MIDTERMS REVIEWER
DR. REY OLIVER S. ALEJANDRINO, LLB, LLM, DCL

➔ 100 of 195 (?) nations are bound by this. 4C1. Optional Protocol to the Convention Against
➔ concerned with the human reproduction Torture and Other Cruel, Inhuman or Degrading
➔ legal status of women; political participation Treatment or Punishment
➔ changing of rules on nationality of married women
➔ equal rights of women to represent their countries at the intl level ➔ ratified by PH in April 2012
➔ non discrimination in education and employment ➔ Established subcommittee on prevention and consent to
➔ choice of spouse inspections and system of regular visits undertaken by
➔ social services/child care facility international and national bodies in places where people are
➔ women’s right to reproductive choice deprived of their liberty.
➔ family planning is recognized ➔ Aims to prevent torture and other cruel, inhuman or
➔ concept of HR. women should be given a wide latitude to enjoy degrading treatment or punishment.
HR.
➔ Prevailing cultural pattern define the public realm as a man’s world What are the rights violated by Duterte’s Oplan Tokhang?
and the domestic sphere as women’s domain. This notion is
strongly targeted in all of the convention’s provisions that affirm the
Right to life, right to due process, right to be presumed innocent until
equal responsibility of both sexes. In family life and their equal
proven guilty, right to public trial by an impartial tribunal, among other
rights with regard to education and employment.
rights.

➔ Definition of discrimination “To be killed because of mere suspicion, hearsay or quota is not only a
violation of human rights but also a violation against humanity itself.” #
The definition of discrimination against women used by the Working
Group is taken from article 1 of the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW) which provides that
"​discrimination against women​” shall mean ​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, cultural, civil or any other field.”

P.S. This is in addition to Sophia Reyes’ reviewer sent earlier.

4B1. Optional Protocol to the Convention on the TABLE, SOME DEFS CREDITED TO HER. DEFINITIONS,
Elimination of Discrimination Against Women EXPLANATIONS MOSTLY FROM DEAN ALEJANDRINO’S THESIS.
USE AT YOUR OWN RISK.
➔ refers to the mechanism of remedies and complaints against
violations of CEDAW

4C. Convention Against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment

➔ signed by PH
➔ based on ICCPR
➔ none shall be subjected to torture
➔ Absolutely prohibits torture. No exceptional circumstance like
threat of war, emergency, political instability may justify
torture.
➔ This also prohibits extradition, expulsion, or return of a
person to a place where he may be endangered.
➔ A committee on torture shall monitor the enforcement of this
treaty.

TORTURE ​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 kind, 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. It does not include
pain or suffering arising only from, inherent in or incidental to lawful
sanctions (Article 1 of Convention on Torture)

HUMAN RIGHTS LAW || JODEE AGONCILLO||     

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