WEEK 10 CONTEMPORARY WORLD (MODULE 9): INTERNATIONAL HUMAN RIGHTS LAW

Overview: Human rights law transcends state boundaries by seeking to define and uphold
those rights held universally by every person regardless of nationality.

Universal Declaration of Human Rights (UDHR) – adopted by the United Nations General
Assembly on December 10, 1984 at Palais de Challiot, Paris. It is not a legally binding treaty but
a mere declaration or statement of generally accepted principles of human rights.

At the end of the module, the student will be able to:

1. discuss the salient provisions of the Universal Declaration of Human Rights (UDHR):

2. explain the salient provisions of the international Convention on Civil and Political
Rights (ICCPR) and the international Convention of Economic, Social, and Cultural Rights
(ICESCR); and

3. expound the salient provisions of other international human rights conventions, i.e.,
CEDAW, Convention on the Rights of the Child, and Migrant Workers Convention.

Discussion:

Human rights law transcends state boundaries by seeking to define and uphold those
rights held universally by every person regardless of nationality. The Universal Declaration of
Human Rights (UDHR) was adopted by the United Nations General Assembly on December 10,
1984 at Palais de Challiot, Paris. It is not a legally binding treaty but a mere declaration or
statement of generally accepted principles of human rights.

The UDHR states that all human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act toward one another in a spirit of
brotherhood. Under Article 2, UDHR, without distinction of any kind, such as race, color, sex,
language, religion, political or other opinion, national or social origin, property, birth, or other
status.

Under Articles 1-21 of the UDHR, the civil and political rights provided therein are as
follows: (1.) Life, liberty, and security of person; (2.) Freedom from slavery or servitude; (3.)
Freedom from torture or to cruel, inhuman, or degrading treatment of punishment; (4.)
Recognition everywhere as a person before the law; (5.) Equal protection of the law; (6.)
Effective remedy by the competent national tribunals; (7.) Freedom from arbitrary arrest,
detention or exile; (8.) Fair and public hearing by an independent and impartial tribunal; (9.)
Presumption of innocence until proven guilty: (10.) Freedom from arbitrary interference with
his privacy, family, home, or correspondence; (11.) Freedom of movement and residence
within the borders of each state, and the right to leave any country, including his own, and to
return to his country; (12.) Seek and to enjoy in other countries asylum from persecution; (13.)
Nationality: (14.) Marry and to found a family; (15.) Own property alone as well as in
association with others; (16.) Freedom of thought, conscience, and religion; (17.) Freedom of
opinion and expression; (18.) Freedom of peaceful assembly and association; (19.) Take part in
the government of his country, directly or through freely chosen representatives; (20.) Right of
equal access to public service in his country.

Under Articles 22-28 of the UDHR, the economic, social, and cultural rights provided
therein are as follows: (1.) Social security; (2.) Work, free choice of employment, just and
favorable conditions of work, protection against unemployment, equal pay for equal work, just
and favorable remuneration, and the right to form and join trade unions for the protection of
his interests; (3.) Rest and leisure; (4.) Standard of living adequate for the health and well-being
of himself and of his family; (5.) Education; and (6.) Freely participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its benefits.

International Convention on Civil and Political Rights (ICCPR)

The ICCPR is a multilateral treaty adopted by the United Nations General Assembly on
December 16, 1966. It entered into force on March 23, 1976. As of March 28, 2014, it has 74
signatories and 167 parties. On December 19, 1966, the Philippines signed it, and the same was
ratified on October 23, 1986.

Under Article 1, ICCPR, it states that all people have the right of self-determination. By
virtue of that right, they freely determine their political status and freely pursue their
economic, social, and cultural development. Also, part of the rights provided therein is to freely
dispose of their natural wealth and resources without prejudice to any obligations arising out of
international economic cooperation, based upon the principle of mutual benefit and
international law. In no case may a people be deprived of its own means of subsistence.

Still under the ICCPR, incorporated therein are rights which are not subject to limitation
or suspension even in emergency situations, to wit: (1.) Right to life; (2.) Prohibition on
genocide; (3.) Freedom from torture and other cruel, degrading, or inhuman treatment of
punishment; (4.) Freedom of enslavement or servitude; (5.) Protection from imprisonment or
dept; (6.) Freedom from retroactive penal laws/ex post facto laws; (7.) Recognition as a person
before the law; and (8.) Freedom of thought, conscience, and religion.

The International Convention on Economic, Social and Cultural Rights (ICESCR) is a

multilateral treaty adopted by the United Nations General Assembly on December 16, 1966. It
entered into force on January 3, 1976. As of 2015, it has 71 signatories and 164 parties (United
Nations Treaty Collection).
Convention on Elimination of Discrimination Against Women (CEDAW)

Article 1 of CEDAW states that discrimination against women refers to 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 of 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.

Articles 1 and 2 of CEDAW further states that any act of gender-based violence that
results in, or is likely to result in, physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in
public or private life.

Migrant Workers Convention

A migrant worker is defined as one who is to be engaged, is engaged, or has been

engaged, in a remunerated activity in a state of which he or she is not a national.

Part III of the Migrant Workers Convention details the rights of all migrants and their
family members: (1.) Freedom to leave any state, including their state of origin and the right at
any time to enter and remain in their state of origin; (2.) Not to be subjected to any torture or
to cruel, inhuman, or degrading treatment or punishment; (3.) Not to be held in slavery or
forced or compulsory labor; (4.) Right to freedom of thought, conscience, and religion; (5.) Right
to hold opinions without interference and to freedom of expression; (6.) Not to be subjected to
arbitrary or unlawful interference; (7.) Right against arbitrary deprivation of property; (8.) Right
to liberty and security of person; and (9.) Right to equality with nationals before courts.

United Nations on the Convention on the Rights of the Child (UNCRC)

Article 1 of the UNCRC provides that every human being below the age of 18 years is a
child unless under the law applicable to the child, majority is attained earlier.

Some of the rights of the child provided in UNCRC are as follows: (1.) Right to be
registered at birth; (2.) Right to acquire nationality; (3.) Right to know and be cared for by its
parents; (4.) Right not to be separated from his parents against his will; (5.) Freedom of
expression; (6.) Freedom of thought, conscience, and religion; (7.) Freedom of association; (8.)
Freedom of assembly; (9.) Protection from all forms of physical or mental violence, injury,
abuse, neglect, negligent treatment, maltreatment, or exploitation, sexual abuse; (10.)
Employment of the highest attainable standard of health; (11.) Right to benefit from social
security; (12.) Right to a standard of living adequate for the child’s physical, mental, spiritual,
moral, and social development; (13.) Right to education; (14.) Not to be denied of the right to
enjoy his own culture, to profess and practice own religion, or to use his own language; (15.)
Right to rest and leisure; (16.) Protection from economic exploitation; and (17.) Protection from
all forms of sexual exploitation and sexual abuse.

COMMUNICATE

Work with a pair.

1. Choose five non-derogable rights provided in the ICCPR which are practiced in the Philippines
thru its programs, activities and policies. Give example of these programs, activities and
policies. Provide your answers in the table below.

Rights under Programs Activities Policies

ICCPR

2. Compare your out to other groups in class.

3. Report your output in class.

CREATE

As a group, make a basic critique of the laws.

1. Study Republic Act No. 9262, a Philippine law enacted by virtue of the CEDAW. Examine RA
9262 and CEDAW and given at least five observations as to their contents. Provide your answers
in the space below.

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2. Study Republic Act No. 8042, a Philippine law enacted based on the Migrant Workers
Convention. Examine RA 8042 and Migrant Workers Convention and give at least five
observations as to their contents. Provide your answer on the space below.

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COLLABORATE

As a group, perform the following:

1. Name all the Philippine laws relevant to the 17 rights aforementioned.

2. Answer the following:

a. Do violations of these rights occur despite the plethora of laws relevant to them?
Explain.

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b. How are they violated? Explain.

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c. Give the actions rendered by the Philippine government in addressing these

violations.

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ASSESSMENT

1. Identify one essential learning that you obtained from this lesson.

2. Reflect on how this learning will enable you to help the following:

a. Your country

b. Your community

c. Your school

d. Your family