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What are human rights? What are some of the most important characteristics of human rights? What is international human rights law? What are the core human rights treaties and has the Philippines ratified them? What are the obligations of the Philippines as a result of ratifying these treaties? How are treaties and international law treated in domestic law? What are the rights guaranteed under international treaties, the Constitution and other domestic legislations? What are some of the domestic legislations protecting and promoting human rights?
Characteristics of HR
INHERENT
From birth Human rights are founded on respect for human dignity and worth of each person Based on COMMON HUMANITY all human beings are born free and equal in dignity and rights (Article 1 of the UDHR)
Characteristics of HR
UNIVERSAL and EQUAL
Attributes of being human Applied equally and without discrimination to all people; without distinction of any kind HR are not dependent on the background of people, whether such background is political, social, economic, cultural , racial, age or other types
Characteristics of HR
INDIVISIBLE
They relate to different aspects of human existence One cannot separate the right to food from the right to express an opinion because they come as part of the natural attributes of human beings
Characteristics of HR
When some rights are not realized, other rights are affected It is insufficient to respect some human rights and not others The violation of one right will often affect respect for several other rights All human rights should therefore be seen as having equal importance and being equally essential to respect for the dignity and worth of every person
Characteristics of HR
INALIENABLE
No one can have his or her human rights taken away One cannot transfer his/her HR to another person They can be limited in specific situations The right to liberty can be restricted if a person is found guilty of a crime by a court of law
What are the core human treaties and has the Philippines ratified them?
International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social and Cultural Rights (ICESCR) Convention Against Torture and other Cruel, Inhuman and or Degrading Treatment or Punishment (CAT) International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
What are the core human treaties and has the Philippines ratified them?
Convention on the Rights of the Child (CRC) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) Convention on the Rights of Persons with Disabilities (CRPD) International Convention for the Protection of All Persons from Enforced Disappearance
What are the obligations of the Philippines as a result of ratifying these treaties?
The obligation to RESPECT The obligation to PROTECT The obligation to FULFIL
UDHR
http://www.youtube.com/watch?v=aiFIu_z4dM8
What are the rights guaranteed under international treaties, the Constitution and other domestic legislations?
Right to Equality (1, 1) Freedom from Discrimination (2, 1) Right to Life, Liberty and Personal Security (3, 1 and 2) Freedom from Slavery (4, 18 (2)) Freedom from Torture and Degrading Treatment (5, 19) Right to Recognition as a Person before the Law (6) Right to Equality before the Law (7, 1)
What are the rights guaranteed under international treaties, the Constitution and other domestic legislations?
Right to Remedy by Competent Tribunal (8, 14 (2)) Freedom from Arbitrary Arrest and Exile (9, 2) Right to Fair Public Hearing (10, 14 (2)) Right to be Considered Innocent until Proven Guilty (11, 14 (2)) Freedom from Interference with Privacy, Family, Home and Correspondence (12, 3)
What are the rights guaranteed under international treaties, the Constitution and other domestic legislations?
Right to Free Movement in and out of the Country (13, 6) Right to Asylum in other Countries from Persecution (14) Right to a Nationality and the Freedom to Change Nationality (15) Right to Marriage and Family (16, Article XV) Right to Own Property (17)
What are the rights guaranteed under international treaties, the Constitution and other domestic legislations?
Freedom of Belief and Religion (18, 5) Freedom of Opinion and Information (19, 4) Right of Peaceful Assembly and Association (20, 4) Right to Participate in Government and in Free Election (21, Article V) Right to Social Security (22)
What are the rights guaranteed under international treaties, the Constitution and other domestic legislations?
Right to Desirable Work and to Join Trade Unions (23, 8) Right to Rest and Leisure (24) Right to Adequate Standard of Living (25) Right to Education (26, Article XIV)
What are the rights guaranteed under international treaties, the Constitution and other domestic legislations?
Right to Participate in the Cultural Life of Community (27, Article XIV) Right to a Social Order that Articulates the UDHR (28) Community Duties Essential to Free and Full Development (29) Freedom from State or Personal Interference in the above Rights (30)
What are some of the measures and domestic legislations protecting and promoting human rights?
Womens Human Rights: (a) the Philippine Plan for Gender-Responsive Development, 1995-2025; (b) the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877); (c) the Anti-Trafficking in Persons Act of 2003 (Republic Act No. 9208); (d) the Anti-Violence against Women and Their Children Act of 2004 (Republic Act No. 9262) (e) the Magna Carta of Women (Republic Act No. 9710)
What are some of the measures and domestic legislations protecting and promoting human rights?
Indigenous People Rights: (a) the Indigenous Peoples Rights Act of 1997 (Republic Act No. 8371); (b) the Free and Prior Informed Consent Guidelines, adopted by the National Commission on Indigenous Peoples in 2002, which emphasize the right of indigenous peoples to participate in decisions affecting them; and (c) Executive Order 270-A, which aims at safeguarding the ecological integrity of indigenous lands and resources from the negative impact of mining operations
What are some of the measures and domestic legislations protecting and promoting human rights?
Childrens Rights: (a )Special Protection Against Child Abuse, Exploitation and Discrimination Act (Republic Act 7610)
Elimination of Child Labor (Republic Act 9231)
(c) The Juvenile Justice and Welfare Act of 2006 (Republic Act 9344) (d )The Comprehensive Program Framework for Children in Armed Conflict Migrant Workers Rights: Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act 8042)
What are some of the measures and domestic legislations protecting and promoting human rights?
Rights of other vulnerable groups: Anti-Squatting Repeal Act of 1997 (Republic Act No. 8368), which decriminalizes squatting
Natural rights
Based on Natural Law What is in the nature of man and woman becomes the basis of HR Danger: Difficulty in determining real rights