Rights of the Youth

> considered as component of the countrys work force that contribute to

development
> the working youth, usually unskilled are very vulnerable to human rights abuse
by their employers
> usually unaware of their rights under the Labor Laws, they are taken advantage
of by their employers by requiring them to work in different or hazardous conditions
> FEMALE youth workers are very vulnerable to sexual harassment and
discrimination
Section 13. The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs. Article II, Sec 13, Philippine
Constitution
> Legislative measures ave been enacted to pursue the aforesaid policy such as:
a.
b.
c.
d.

Republic
Republic
Republic
Republic

Act
Act
Act
Act

No.
No.
No.
No.

8044,
7722,
7796,
6655,

Youth in Nation Building Act

The Higher Education Act
The Technical Education and Skills Development Act
Free High School Education

Juvenile Justice
Art 80, RPC and amplified Articles 189 and 192 of P.D. No. 603 (Child and Youth
Welfare Code)
> provides that youthful offenders, when found guilty of committing a crime, are
not committed to prison
> the sentence is suspended, but they are confined in a beneficent institution for
their care, correction and education
> Court decisions had ruled that if offender was a minor when he committed the
crime but he attained the age of majority at the tim the decision was rendered, he
is not entitled to the benefits of the suspended sentence as he is no longer a
juvenile offender but already an adult
Rationale behind suspension: to avoid juvenile offenders to be committed, together
with adult criminals, to prison

ELDERLY SECTOR

> accede to demographics, aging population of the PH is about four to five million
> The UN focused its attention on the Human Rights problems of the elderly
population and to consider measures to sustain the valued self-reliance and
productivity among its countrys senior citizens
> DSWD is the governmental agency tasked to provide measures in taking care of
the elderly
> usually, the elder population that need assistance belong to the poor segment of
society
SECTION 4. The family has the duty to care for its elderly members but the State
may also do so through just programs of social security. (Article XV, Section 4)
The elderly belonging to poor families suffer most from human rights violations.
> As mendicants in urban cities and municipalities, they are deprived of the RIGHT
TO LIVE IN ENVIRONMENTS THAT ARE SAFE AND ADJUSTABLE TO THEIR
PERSONAL PREFERENCES
> they usually live in squatter areas where food and water and the basic services
are very limited
> There are 21 homes for the elderly in the PH, 3 of which are run by the
government and the rest are under private institutions
> It is generally known that the abuses on the elderly usually happen in their own
homes or communities. The elderly are abandoned or neglected even by their own
family members
The United Nations Principles on Elderly
UN has adopted principles for older persons, to promote
participation, care, self-fulfillment and dignity for older people.

independence,

> They should be provided with adequate food, shelter, clothing and health care
> to have the opportunity to work or to have access to income generating
opportunities
> to be able to participate in determining when and what place withdrawal from the
labor force take place
> to have access to appropriate educational programs
> to be able to live in environments that are safe and adaptable to personal
preferences
> to be able to reside at home as long as possible
> to remain integrated in society
> to be able to seek and develop opportunities for services to community
> to form movements and associations of older persons
> to benefit from family and community care in accordance with the community
system of cultural values
> to have access to health care

> to be able to have access to social and legal services for their protection
> to be able to utilize the institutional care providing protection and rehabilitation
> to be able to enjoy human rights and fundamental freedoms
> to be able to pursue opportunities for full development of their potential
> to have access to educational, cultural, spiritual and recreational resources of
society
>to be free from exploitation or abuse
> to be treated fairly regardless of age, gender, racial or ethnic background

The Senior Citizen Law

Republic Act No. 7342 was enacted by Congress to design programs of social
security for elderly or senior citizens in line with Article XV, Section 4 of the
Constitution.
The Offices of Senior Citizen Affairs (OSCA) have been established in most cities
and municipalities. Under said act, a duly registered elderly is to be provided an
identification card to avail of 20% discount on transportation services, hotels,
restaurants, recreation centers and drug stores.
Republic Act No. 7876 (Senior Citizens Act)
> established Day Care centers for the senior citizens in every municipality to
provide adequate social services and improved quality of life to all senior citizens
PHYSICALLY DISABLED PERSONS
> generally, minors and incompetents shall have guardians appointed by a court to
protect their persons and properties
persons entitled to guardians:
> the deaf and dumb
> unable to read and write
>unsound mind
> by reason of age, disease or weak mind and other similar causes cannot
act without outside aid to take care of themselves and manage their properties
becoming thereby an easy prey for deceit, exploitation and abuse (Rule 92, Sec
2, Rules of Court)
Disabled Persons: unable to live as normal individuals, as a result of impairment,
either congenital or not, in physical and mental capabilities
> orthopedically handicapped
> visual and hearing impaired

> mentally ill or retarded

World Health Organization (WHO) estimates that one out of ten persons is disabled.
In the PH, an estimate of about six million Filipinos are disabled.
People with disabilities are treated differently in society. The disabled persons who
are from the extremely poor sector are deprived of their basic necessities. They are
exposed to physical, cultural and social barriers.
> usually subjected to social, cultural and economic disadvantages which impede
their access to health care, education and employment and even basic human
rights.

Magna Carta for Disabled Persons

Republic Act No. 7277
> provides for the rehabilitation, self-development and self-reliance of persons with
disabilities
> seeks to promote their integration into the mainstream of society
> under the law, disabled persons have equal opportunity for employment, access
in quality education, access to national health programs, and the auxiliary social
services to restore their social functions and participation in community affairs,
telecommunications services and enjoyment of political and civil rights
* to be integrated into society, disabled persons should enjoy all the civil and
political rights
Human Dignity of Disabled Persons
> also have the inherent right to respect of their dignity
> they should enjoy their rights without distinction or discrimination on the basis of
race, color, sex, language, religion, political opinions, national or social origin, state
of wealth, birth or any other situation
UNITED NATIONS DECLARATION OF THE RIGHTS OF PERSONS WITH DISABILITIES
> reaffirmed its faith in their human rights and fundamental freedoms
> they shall enjoy all the rights enumerated in the Covenant of Civil and Political
Rights
Legislative measures enacted in the PH:
1. The Magna Carta for Disabled Persons (Republic Act No. 7277)
2. Accessibility Law (Batas Pambansa Blg. 344)
3. The White Cane Act (Republic Act No. 6759)

4. International Labor Organization (ILO) adopted Convention No. 159 providing

Vocational Rehabilitation and Employment of Disabled Persons
MENTALLY DISABLED PERSONS
> persons who are unable to function in daily life as a result of impairment in their
mental capabilities
> According to WHO, mentally disabled persons suffer from any of the following
mental disorders:
a. severe mental disorders
b. severe neurological illness or disorder
c. mild psychological disturbance or emotional disorders
d. mental retardation
> very vulnerable to HR violations
> they suffer from discrimination through the stigma of their situation in the
general public
> a very low priority is given to these people in pursuing their HR and the
substandard facilities for their treatment
Arbitrary Detention of the Mentally Disabled
Persons who are mentally ill are usually hospitalized against their will resulting in
their arbitrary detention.
> some cases: hospitalized upon court order without any valid psychiatric report
and are not usually represented by lawyers
> Some courts are not sensitive to the nature and conditions of the mentally
disabled persons who should be treated more to stand trial humanely in court
proceedings and as court hearings proceed so slowly, their prolonged confinement
in jail makes their condition worse than at the time they were admitted
> in cases where the mental condition of the patient has improved and no longer
needs hospitalization, mental patients remain arbitrarily detained as their families
are reluctant in receiving them in their homes
>In cases where the mentally disabled persons return to their homes, families are
not duly informed of their status and the measures they should take for their
mentally disabled patients
> physically and sexually abused, both by in-patients and hospital staff
> in treatment procedures, electroconvulsive therapy (ECT) is conducted without
the consent of the patient
When released, they suffer discrimination in opportunities for employment. If they
are employed, they are terminated or forced to resign. Also denied access to
education

* Deprived of the basic human rights as normal persons enjoy.

* They are discriminated against their inherent right to life and their dignity as
human beings
UNITED NATIONS DECLARATION ON THE RIGHTS OF PERSONS WITH DISABILITIES
> states that as human beings, they have the right :
a. to proper medical care
b. to live and be assisted by family
c. to a qualified guardian
Proper legal safeguards against every form of abuse should be provided. They have
a right to participate in social, creative and recreational activities. If judicial
proceedings are instituted against them, the legal procedure applied shall take into
consideration of their physical and mental condition.
Rule 101 of the Rules of Court: provides for the appropriate proceedings for the
hospitalization of insane persons.
RULE 101
Proceedings for Hospitalization of Insane Persons
Section 1. Venue, Petition for commitment. A petition for the commitment of a
person to a hospital or other place for the insane may be filed with the Court of
First Instance of the province where the person alleged to be insane is found. The
petition shall be filed by the Director of Health in all cases where, in his opinion,
such commitment is for the public welfare, or for the welfare of said person who, in
his judgment, is insane and such person or the one having charge of him is
opposed to his being taken to a hospital or other place for the insane.
Section 2. Order for hearing. If the petition filed is sufficient in form and
substance, the court, by an order reciting the purpose of the petition, shall fix a
date for the hearing thereof, and copy of such order shall be served on the person
alleged to be insane, and to the one having charge him, or on such of his relatives
residing in the province or city as the judge may deem proper. The court shall
furthermore order the sheriff to produce the alleged insane person, if possible, on
the date of the hearing.
Section 3. Hearing and judgment. Upon satisfactory proof, in open court on the
date fixed in the order, that the commitment applied for is for the public welfare or
for the welfare of the insane person, and that his relatives are unable for any
reason to take proper custody and care of him, the court shall order his
commitment to such hospital or other place for the insane as may be recommended
by the Director of Health. The court shall make proper provisions for the custody of
property or money belonging to the insane until a guardian be properly appointed.
Section 4. Discharge of insane. When, in the opinion of the Director of Health,
the person ordered to be committed to a hospital or other place for the insane is
temporarily or permanently cured, or may be released without danger he may file
the proper petition with the Court of First Instance which ordered the commitment.
Section 5. Assistance of fiscal in the proceeding. It shall be the duty of the
provincial fiscal or in the City of Manila the fiscal of the city, to prepare the petition

for the Director of Health and represent him in court in all proceedings arising
under the provisions of this rule.
*the Director of Health has no power to release the person committed without
judicial order. The discharge of a person committed should not be delayed when it
appears that he has returned to his normal mind.
UN DECLARATION ON THE RIGHTS OF THE MENTALLY DISABLED PERSONS:
> proclaimed that mentally disabled persons should be accorded some rights as
other human beings such as the right to medical care, improve the economic and
standard of living
> persons have the right to the confidentiality and privacy of their medical records
Government measures provided:
a. protection of mentally disabled persons such as procedures for
confinement and hospitalization (Rule 101)
b. appointment of a general guardian for their property (Rule 92)
c. procedure for commitment of mentally ill children (Child and Youth
Welfare Code)
d. Republic Act No. 7277 (Magna Carta for Disabled Persons)
PRISONERS/DETAINEES
> Prison and correctional systems in the PH as the repository of the criminal justice
provides for safekeeping and rehabilitation of prisoners and detainees
> PH Penal System consists of 7 national prisons under the Bureau of Corrections of
the Department of Justice:
1. Muntiinlupa (National Bilibid Prison)
2. Mandaluyong (Correctional Institute for Women)
3. Palawan (Iwahig)
4. Zamboanga (San Ramon Penal Farm)
5. Occidental Mindoro (Sablayan Penal Colony)
6. Leyte (Leyte Regional Prison)
*provincial jails are under administration and supervision of provincial governments
and municipalities under the Bureau of Jail Management and Penology (BJMP) of the
DILG
*regional rhabilitation centers for youthful offenders administered by DSWD
*Board of Pardons and Parole, and the Parole and Probation Administration is under
the DOJ which recommends the pardon or parole of prisoners
General State of Philippine Jails

> consistent with universal standards, the PH Government established its own
national standards in reviewing its correctional system for prisoners/detainees
administered by the Department of Justice, Bureau of Corrections and Bureau of Jail
Management and Penology of the DILG
> correctional system consists of rehabilitation, and organized care and treatment
program aimed at the promotion of the dignity of the confined persons in particular
and the correctional community in general
> foremost among the provision if basic needs of prisoners is the PRIME FACTOR to
be fulfilled before any effective rehabilitation program can be committed and
tackled. Prisoners are still endowed with the same basic human rights.
> By human standards, all accommodations provided for the use of inmates,
particularly accommodations shall meet all the requirements of health, with due
regard to climatic conditions.
Commission on Human Rights (CHR), in its monitoring functions, finds out jails
were not found fit for human confinement
> it was observed that it was unlikely to rehabilitate, but certain to punish
> most common problem is the insufficiency or lack of food provision due to
the delay in release of food allotment and inadequate or unsanitary food
preparation.
Another major problem: SHELTER or LIVING SPACE
> refers to basic confinement areas where the prisoners love to complete
their term
> place of confinement has been a perennial problem for the prisoners or
detainees
(old, dilapidated and congested buildings, no longer suited for human existence,
defective comfort rooms resulting to unsanitary conditions and undersized cells with
poor ventilation and defective water system or even lack of potable source which is
a basic source of life)
* due to these conditions, they easily acquire different kinds of diseases such as
boils or diarrhea. The absence of sufficient medical supplies and laboratory
facilities noted in various prisons further compound the sorry plight of prisoners
and detainees.
The constitutional guarantees for a persons right and the national standards set by
the Bureau of Corrections are more often said to be illusory for the inmates.
Inmates complain of various violations against their person such as the denial of
the right to counsel and to speedy trial, illegal or arbitrary arrest.detention, torture,
maltreatment or physical injuries, sexual harassment or abuse against chastity as
deprivations right to basic services.
Included in the reasons for denial of right to speedy trial: among those identified is
judges absenteeism.

*The physical abuse the inmates encounter and endure is through the system of
mayores or gang-lordships which is tolerated and condoned by prison guards
and officials, which result to interminable physical violence and deaths are deemed
to be accepted in jails for they are condoned by the very officials who are expected
to uphold and preserve their basic rights. This consequently makes the inmates
lives in constant danger rather than a safe place for rehabilitation.
> The primordial factors obstructing the efficiency and effectiveness in the penal
rehabilitation administration are the substandard equipment and facilities, the
shortage of manpower who have the expertise indexing with inmates as men in
uniform who crave for power capitalize on vulnerable conditions of
prisoners/detainees and the deficiency in budgetary allocations which are needed
for the renovations and improvements of the physical structure.
> Educational services to inmates are to some extent provided under the
rehabilitation system.
Bureau of Corrections oversees three stages of learning: elementary, high
school and college including vocational courses. This enables inmates to obtain a
college degree in courses offered by the prison school system in collaboration with
accredited colleges and universities.
> Livelihood trading programs are also provided to equip them with certain skills.
Inmates are very much encouraged to engage in livelihood projects to practice their
skills and earn for themselves or even their families
THE RIGHT TO EXERCISE RELIGIOUS BELIEFS OR PRACTICE: most enjoyed right of
the inmates
Sub Human Conditions of Prisons
In the exercise of one of the constitutional functions of the visitorial powers over
jails, prisons and detention facilities, the CHR found that most prisons, jails and
detention centers are generally under sub-human conditions.
Most prisons and jails are overcrowded. The lack of medicines, poor ventilation, lack
of habitable living space and inadequate provision of basic necessities have violated
the human dignity of prisoners.
Prevalent in many jails:
a. abuse of authority over the prisoners by the prison guards
b. extortion and robbery
c. sexual harassment of women detainees
d. involvement in the illegal entry of contrabands, deadly weapons and drug
trafficking
e. food pilferage at prison kitchens
f. inadequate facilities for the separation of minors from adult prisoners

Rights of Prisoners
Article 10, Covenant on Civil and Political Rights
1. All persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person.
2.
(a) Accused persons shall, save in exceptional circumstances, be segregated from
convicted persons and shall be subject to separate treatment appropriate to their
status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought as
speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim
of which shall be their reformation and social rehabilitation. Juvenile offenders shall
be segregated from adults and be accorded treatment appropriate to their age and
legal status.
> The prisoners and detainees have the right:
a. to be free from personal and physical abuse
b. to have access on medical and health services, rehabilitation programs
c. to be visited
d. to free legal services
e. to air grievances and complaints through proper authorities
f. to exercise their religious beliefs
The Philippine Constitution:
(2) The employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law. (Art. III, Sec. 19)
Rationale of the Penitentiary Systems
A penitentiary system should be established, not only to punish convicted persons
but also to protect and promote their human rights.
Essential aim: treatment of prisoners the primordial aim of which is their
reformation and social rehabilitation
The only difference between prisoners and human beings:
> FREEDOM OF MOVEMENT IS RESTRICTED AS THEY ARE CONFINED IN A
SPECIFIC AREA OR IMPRISONED WITHIN A BUILDING OR COMPOUND
> within the prison community, they are entitled to the same basic needs and rights
of citizens except that the exercise of their rights beyond the prison compounds
may be limited or controlled for security reasons

While under the custody of law, they must be treated humanely. To do otherwise
will destroy the rationale of the existence of the prison service as a rehabilitative or
reformatory institution.
The system should aim to rehabilitate prisoners to enhance their return to society
as law-abiding citizens.
MIGRANT WORKERS
> generally known as the Filipinos who seek job opportunities abroad
The International Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families (Convention on Migrant Workers) defines Migrant
Workers as persons who are to be engaged, is engaged, or have been engaged in a
enumerated activity in a state of which they are not nationals. (Art 2, Convention
on Migrant Workers)
Attracted by a substantially much higher compensation than the workers in their
country, women even with college degrees, are willing to take up menial jobs as
domestic helpers abroad.
The migration of Filipino workers, however, have resulted in problems, most of
which have not been properly addressed by the government and Philippine society.
Social Cost of Overseas Employment
The impact of labor migration has been assessed from three vantage points:
a. Economic
b. Social
c. Political
In each area, social costs are tremendous due to the pain of being separated from
their families, emotional stress working in unfamiliar conditions under a different
culture. There is danger of broken families and breakdown of marriages due to
separation from their loved ones. The migrant workers run afoul of the strange and
unfamiliar laws in the foreign country.
The laws and traditions of many of these countries where Filipino workers secure
jobs are very harsh on alien offenders. Some of these countries have a very low
standard of justice to the great prejudice of Filipino migrant workers familiar with
the principle of due process of law.
Illegal Job Recruitment
> Illegal job recruiters prey on innocent people anxious to obtain lucrative jobs
abroad
> In many cases, the jobs promised are non-existent or that migrant workers were
given less paying jobs than those they have been contracted for

Migrant workers are the most vulnerable to human rights violations. The
undocumented workers especially suffer most as they are taken advantaged of not
only by illegal recruiters, but also by their employers.
Republic Act No. 8042 (An Act To Institute The Policies Of Overseas Employment
And Establish A Higher Standard Of Protection and Promotion of the Welfare of
Migrant Workers, Their Families And Overseas Filipinos in Distress and For Other
Purposes)
> designed to afford full protection to Filipinos working abroad, organized or
unorganized, and promote full employment and equality of employment
opportunities for all
Rights of Migrant Workers
The United Nations General Assembly adopted the International Convention on the
Protection of Rights of All Migrant Workers and Members of their Families in 1990.
The PH ratified the Convention on 15 November 1993.
The Convention, provides, among others:
> right of migrant workers and members of their families not to be subjected
to any restrictions to leave their country except as provided by law as necessary to
protect their national security, public order, public health or morals (Art 8,
Convention)
Migrant workers shall enjoy all the rights provided in the Covenant on Civil and
Political Rights such as the:
> right to life
> right to freedom from slavery or servitude
> right to freedom from forced or compulsory labor unless pursuant to
punishment by competent court (Art 11, Convention)
Migrant workers shall have the right to all the civil rights such as freedom of
thought, conscience and religion. (Art 12-15, Convention)
The migrant workers shall also enjoy all the rights of workers enumerated in
Articles 7-12 of the Covenant on Economic, Social and Cultural Rights such as:
a. right to decent living wages
b. humane conditions of work
c. full protection to labor and equal employment opportunities
d. the redress of grievances
e. the free exercise and enjoyment of religious worship
f. free access to the courts and quasi-judicial bodies and adequate legal
assistance
g. access to information particularly on matters of workers concern
h. occupational health and safety from work hazards
i. right to be represented in institutions relevant to overseas employment and
such others that may be granted to the migrant workers sector by virtue of any law

j. right to life and security of persons

k. freedom from arbitrary arrest or detention
l. right to protection against arbitrary or unlawful interference with privacy,
family, home or correspondence
m. right to equality before the courts, tribunals and all other organs and
authorities administering justice and when necessary, to free assistance of an
interpreter in criminal proceedings and when prescribed by law, other proceedings
n. right to choose a spouse, to marry, to found a family
o. right to freedom of thought, conscience and religion or beliefs, subject
only to such limitations prescribed by law and are necessary to protect public
safety, order, health or morals and the fundamental rights and freedoms of others
p. right to retain their own language, culture and conditions
q. right to transfer abroad earnings, savings or other personal monetary
assets, subject to domestic currency regulations
The Failure of the Overseas Act
R.A. No. 8040 (Employment and Overseas Act) has failed in its objective since the
labor migration involves a foreign element that is, the workers are in a foreign
country where there are different laws and rules on labor and the workers are
beyond the jurisdiction of Philippine Law.
Complaints that reach the CHR and NGOs reveal that overseas workers suffer from:
a. maltreatment
b. physical abuse
c. rape or sexual abuse and sexual harassment
d. violation of contract or contract substitution
e. delayed or non payment of salaries
f. underpayment of salaries
g. poor working conditions
h. illegal dismissal
i. abandonment by employer
Not familiar with the customs and traditions of the country where they are
employed, migrant workers find themselves in conflict with local laws. The basic
principles of due process and equal protection of the law are not complied with.
Moreover, most of the countries where Filipino Migrant Workers are employed have
not ratified the Convention on Migrant Workers.
The problem lies in assisting and protecting these workers as the laws of the
Philippines on protection of laborers cannot be extended to the country beyond PH
jurisdiction.
SECTION 18. The Commission on Human Rights shall have the following powers
and functions:

(3) Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection; (Article XIII, Section 18 (3) of the
Constitution)
The measure that PH may take to assist the Filipino workers in trouble is to call the
attention of the foreign government of its obligation to comply with international
instruments on human rights if the country is a signatory thereof.
The PH consul in the country to which he is assigned who is supposed to render
assistance to migrant workers are hardly sufficient.
The Department of Foreign Affairs may file a diplomatic protest, calling the
attention of the foreign authorities on the violation. This procedure is a delicate
matter as it might adversely affect the diplomatic relations with the Philippines.
The general posture of the DFA is to sacrifice the rights of Filipino workers for the
sake of painting harmonious relations with the foreign country.
There is not much that the PH Government can do to protect the rights of Filipino
workers abroad, especially when the foreign countries have not ratified the
International Convention on the Rights of Migrant Workers and their Families and
the International Covenant on Economic, Social and Cultural Rights.
LABORERS
Laborers in the public sector are those employed in the government and
government-owned or controlled corporations. The terms and conditions of their
employment are provided generally in the administrative code and the particular
legislative enactments creating their positions.
While the Constitution provides that: (Article XIII)
SECTION 3. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.
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 on investments, and to expansion and growth.
The Supreme Court held that government workers may not declare a strike.
Jurisprudence dictates that in the absence of any legislation allowing government
employees to strike, they are prohibited from striking by virtue of the CSC
Memorandum Circular No. 6, Series of 1987. Since the terms and conditions of
government employees is fixed by law, government workers cannot use the same
weapons employed by workers in the private sector to secure concessions from
their employers.
Human Rights Problems of Government Workers
The main concerns of public sector workers are varied, among which are, tenure of
office, place of assignment, promotions and relations with the heads of the offices.
Some issues raised by public sectors are:
1.Heads of government offices and agencies have resorted to various strategies
which impede the organization of employees unions.
2.There is a wide latitude of discretion of directors of management which is rarely
challenged, except upon a clear showing of grave abuse of discretion. Courts
usually apply the general rule in administrative law, of the presumption of the
regularity in the performance of government functions.
3.Violations of human rights by government employees ate not adequately
addressed , often overlooked or tolerated.
4.The fact that the management selects the resident Ombudsman defeats the
purpose of the office as the majority of the complaints involve the management
officials themselves.
5.The employees union has no representative in The Public Sector Labor
Management Council.
6.The policy of privatization usually adversely affects the tenure of government
employees.
7.In the implementation of the Local Government Code, there is over concentration
of power in the local chief executive who can likely abuse his authority.
Employment as a Property Right
The right to labor is a constitutional as well as a statutory right. Every man has a
natural right ti the fruits of his own industry. A man who has been employed to
undertake certain labor has put into his time and effort is entitled to be protected.
The right of a person to his employment is deemed to be PROPERTY RIGHT within
the meaning of constitutional guarantee.
This is his means of livelihood, he cannot be deprived of his labor or work without
due process of law.

Private Sector Laborers

> Comprise more than 90% of the countrys work force
The role of private workers in economic development and nation-building cannot be
over emphasized.
The migration of people from provinces to the urban centers pose some problems of
laborers in the private sector. With no sufficient means of livelihood, people from
the provinces are compelled to go to cities and urban centers for employment, even
under unfavorable working conditions. Most workers form the private sector lack
the necessary skills. They endure subhuman working conditions, health and safety
hazards in the workplace. Labor standards are violated by the employers.
> usually deprived of the rights to:
a. fair wages
b. equal renumeration for work of equal value
c. safety and healthy working conditions
d. rest, leisure and limitation of working hours
The International Covenant on Economic, Social and Cultural Rights mandates State
parties to recognize the :
Article 6
1. The States Parties to the present Covenant recognize the right to work, which
includes the right of everyone to the opportunity to gain his living by work which he
freely chooses or accepts, and will take appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to achieve the
full realization of this right shall include technical and vocational guidance and
training programmes, policies and techniques to achieve steady economic, social
and cultural development and full and productive employment under conditions
safeguarding fundamental political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of just and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction of
any kind, in particular women being guaranteed conditions of work not inferior to
those enjoyed by men, with equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with the
provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an
appropriate higher level, subject to no considerations other than those of seniority
and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays
with pay, as well as remuneration for public holidays

Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his
choice, subject only to the rules of the organization concerned, for the promotion
and protection of his economic and social interests. No restrictions may be placed
on the exercise of this right other than those prescribed by law and which are
necessary in a democratic society in the interests of national security or public
order or for the protection of the rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations and
the right of the latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than
those prescribed by law and which are necessary in a democratic society in the
interests of national security or public order or for the protection of the rights and
freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the laws of
the particular country.
Some of the major problems on human rights encountered by private sectors:
a. Unrealistic and inappropriate standards, especially for occupational safety and
health of workers.
b. Policies and laws governing apprenticeship, labor contracts and terms of
employment need to be revised to protect the tenure or laborers.
c. Some laborers are employed for not more than 6 months to prevent the regular
employee status thereby avoiding the standard labor benefits of regular
employees.
d. Violation of Child Labor Law (R.A. No. 7610 and R.A. No. 7700)
e. Non-compliance with safety and health regulations of laborers.
f. Anti-Union policies of heads of offices
Among the legislative measures enacted to protect laborers in the private sector
are:
a. Republic Act No. 7641, providing retirement pay to qualified laborers
g. Republic Act No. 7658, Anti-Child Labor Law
h. Republic Act No. 7700, Nationalization of the Jurisdiction of the National Labor
Relations Commissions
i. Republic Act No. 7730, Strengthening the Visitorial and Enforcement Powers of
the Secretary of Labor
j. Republic Act No. 7877, Prohibiting Sexual Harassment

REFUGEES
> persons who, owing to well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of particular social group or political opinion, are
outside of country of their nationality, and are unable to or owing to such fear, are

unwilling to avail themselves of that protection of that country (Art. 1, Convention

on Refugees)
> a person who is fleeing war, or war-related conditions such as famine and
homelessness is also considered a refugee
One group of persons who are vulnerable to human rights violations.The United
Nations, recognizing the social and humanitarian nature of the problem of refugees,
has adopted the Convention relating to the Status of Refugees in 1954 and its
Protocol. The Philippines acceded the convention in 1967.
The provisions of this Convention shall not apply to any person with respect to
whom there are serious reasons for considering that:
(a) He has committed a crime against peace, a war crime, or a crime against
humanity, as defined in the international instruments drawn up to make provision in
respect of such crimes;
(b) He has committed a serious non-political crime outside the country of refuge
prior to his admission to that country as a refugee;
(c) He has been guilty of acts contrary to the purposes and principles of the United
Nations.

Article 2 - General obligations

Every refugee has duties to the country in which he finds himself, which require in
particular that he conform to its laws and regulations as well as to measures taken
for the maintenance of public order.
Article 4 - Religion
The Contracting States shall accord to refugees within their territories treatment at
least as favourable as that accorded to their nationals with respect to freedom to
practise their religion and freedom as regards the religious education of their
children.
Except where this Convention contains more favourable provisions, a Contracting
State shall accord to refugees the same treatment as is accorded to aliens
generally.
Each Contracting State shall accord to refugees lawfully in its territory the right to
choose their place of residence and to move freely within its territory subject to any
regulations applicable to aliens generally in the same circumstances.
Right of Asylum
Everyone has the right to seek and to enjoy, in other countries, asylum from
persecution. (Art. 14, Universal Declaration of Human Rights)

As many as 50 million refugees have been resettled or repatriated since World War
II, but an equal number of uprooted people are struggling to regain their human
rights today and facing a bleak future.
> not yet universally accepted and every state has the right o admit into its
territory such person as it pleases
> In practice, a state can be, provisionally, at least an asylum for an alien who has
been expelled from his country of residence
> Usually, asylum is granted to political offenders or political refugees or stateless
persons
Political refugee: an alien who has forced to leave his country because of political
or religious persecution
Philippine Experience on Refugees
As an aftermath of the Vietnam Warm the flight of the Vietnamese Communist rule
confronted the international community of the plight of the so-called boat people
attempted to seek refuge in the countries in Southeast Asia, many of whom were
refused and subjected to abuses.
PH entered into an agreement with the UN Commission for Refugees whereby IndoChinese refugees were accommodated in the province of Bataan.
Morons, Bataan managed by the International Catholic Migration Commission, an
NGO that volunteered to manage and operate a refugee processing center
Rights of the Refugees
The Convention obliges State Parties to accord refugees all freedoms accorded to
aliens. The refugee enjoys the civil rights, economic, social and cultural rights. 9Art.
17-20, Convention)
While he has the right of asylum, every refugee has duties to the country in which
he finds himself, which require in particular that he conform to its laws and
regulations as well as to measures taken for the maintenance of public order.
(Article 2 - General obligations)
The personal status of a refugee shall be governed by the law of the country of his
domicile or, if he has no domicile, by the law of the country of his residence. (Article
12)
The refugee shall be accorded freedom of movement, rights of association and
trade unions which are non-political in character, access to courts, gainful
employment and exercise of professions. (Arts. 15-18, Convention)
The refugee is also accorded freedom of movement and granted identity papers and
travel documents.

The Contracting States shall not expel a refugee lawfully in their territory save on
grounds of national security or public order. (Arts. 31 and 31, Convention)
Refugees as Victims of Human Rights Violations
It is of common observance in many states that refugees are very vulnerable to
violations of human rights.
Women and children are victims of sexual violence instilling fear on their lives.

STATELESS PERSONS
"stateless person" means a person who is not considered as a national by any State
under the operation of its law (Art. 1, Convention of Stateless Persons)
Statelessness may result from dislocations caused by war, revolution or other
political reasons or from a conflict of the nationality laws or by act of
denationalization undertaken by governments or termination of marriage of women,
Universal Declaration of Human Rights: states that no one shall be arbitrarily
deprived of his nationality nor denied the right to change his nationality (Art. 14)
With no State to protect them, stateless persons are very vulnerable to violations of
human rights. The UN adopted the Convention Relating to the Status of Stateless
Persons in 1954 and was ratified by the Philippines in 1955.
In 1961, the Convention on the Reduction of Statelessness was adopted. To prevent
statelessness, the jus soli principle applies, that is, a child born in a country, whose
parents are unknown, is a national of that country where he was born. (Art 14,
Convention on the Conflict of Humanity)
Rights of Stateless Persons
Under the Convention, stateless persons shall enjoy all the rights without
discrimination as to race, religion or country of origin. (Art. 3, Convention).
They enjoy the freedom of religion and all civil and political rights (Arts. 4 & 5,
Convention).
Their personal status is governed by the country of their domicile or the country of
their residence. They enjoy rights previously acquired, such as the right to marry,
right to own property, right to association, and right to access to courts. (Arts. 1216, Convention)

Stateless persons also have the right to gainful employment or self-employment

and exercise of profession. (Arts. 17-19, Convention) and can avail of welfare
benefits such as rationing, housing, public education, labor and social security
(Arts. 20-23, Convention).
States Parties may assimilate them into the country by grant of naturalization. The
Supreme Court of the Philippines granted the application for Philippine
naturalization to a stateless person.