III. Relevant International Documents on Human Rights A. Universa Universall Declarat Declaration ion of Human Human Rights Rights (UDHR) (UDHR) B. International International Covenant Covenant on Civil and and Political Political Rights (ICCPR) (ICCPR) C. International International Covenant Covenant on Economic Economic !ocial and Cultural Cultural Rights (ICE!CR) (ICE!CR) D. Rights Rights Protec Protected ted "# "# the Documen Documents ts $. Civil Civil and Politic Political al Rights Rights (%irst (%irst &enerat &eneration ion of Human Human Rights) Rights) a. Right Right of !elf'D !elf'Deter etermin mination ation ICCPR Article $ 1. All peoples 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.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resou resource rces s witho without ut prejud prejudice ice to any any oblig obligati ation ons s arisin arising g out out of intern internati ation onal al econo economic mic co-op co-opera eratio tion, n, based based upon upon the the princ principl iple e of mutua mutuall bene benefit fit,, and and international law. In no case may a people be deprived of its own means of subsistence.
. !he !he "tat "tates es #art #artie ies s to the the pres presen entt $ove $ovena nant nt,, incl includ udin ing g thos those e havi having ng responsibility for the administration of %on-"elf-&overning and !rust !erritories, shall promote the reali'ation of the right of self-determination, and shall respect that right, in conformity with the provisions of the $harter of the (nited %ations.
". Right Right to ife ife Philiine Constitution Constitution Article * !ection $ %o person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the e)ual protection of the laws.
UDHR Article * *veryone has the right to life, liberty and security of person.
Covenant on the Rights of a Child (CRC) Article + 1. "tates #arties recogni'e that every child has the inherent right to life. 2. "tates #arties shall ensure to the ma+imum e+tent possible the survival and development of the child.
ICCPR Article + 1. *very human being has the inherent right to life. !his right shall be protected by law. %o one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in forc force e at the the time time of the the comm commis issi sion on of the the crim crime e and and not not cont contra rary ry to the the provisions of the present $ovenant and to the $onvention $onvention on the #revention #revention and #unishm #unishment ent of the $rime of &enocid &enocide. e. !his penalty penalty can only be carried carried out pursuant to a final judgement rendered by a competent court.
. hen deprivation of life constitutes constitutes the crime of genocide, it is understood understood that nothing in this article shall authori'e any "tate #arty to the present $ovenant to derogate in any way from any obligation assumed under the provisions of the $onvention on the #revention and #unishment of the $rime of &enocide.
. Any Anyone one sen sentenc tenced ed to deat death h shal shalll have have the the righ rightt to see see pard pardon on or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
/. "entence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
0. %othing in this article shall be invoed to delay or to prevent the abolition of capital punishment by any "tate #arty to the present $ovenant.
c. Prohi"it Prohi"ition ion of ,ortur ,orture e
Covenant on the Rights of a Child (CRC) Article + 1. "tates #arties recogni'e that every child has the inherent right to life. 2. "tates #arties shall ensure to the ma+imum e+tent possible the survival and development of the child.
ICCPR Article + 1. *very human being has the inherent right to life. !his right shall be protected by law. %o one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in forc force e at the the time time of the the comm commis issi sion on of the the crim crime e and and not not cont contra rary ry to the the provisions of the present $ovenant and to the $onvention $onvention on the #revention #revention and #unishm #unishment ent of the $rime of &enocid &enocide. e. !his penalty penalty can only be carried carried out pursuant to a final judgement rendered by a competent court.
. hen deprivation of life constitutes constitutes the crime of genocide, it is understood understood that nothing in this article shall authori'e any "tate #arty to the present $ovenant to derogate in any way from any obligation assumed under the provisions of the $onvention on the #revention and #unishment of the $rime of &enocide.
. Any Anyone one sen sentenc tenced ed to deat death h shal shalll have have the the righ rightt to see see pard pardon on or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
/. "entence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
0. %othing in this article shall be invoed to delay or to prevent the abolition of capital punishment by any "tate #arty to the present $ovenant.
c. Prohi"it Prohi"ition ion of ,ortur ,orture e
Philiine Constitution Article * !ection $- (-) %o torture, force, violence, threat, intimidation, or any other means which vitiate the free free will will shall shall be used used agai against nst him. him. "ecre "ecrett deten detentio tion n place places, s, solita solitary ry,, incommunicado, or other similar forms of detention are prohibited.
UDHR Article %o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
CRC Article */ "tates #arties shall ensure that
a3 %o child shall be subjected to torture or other cruel, inhuman or degrading treatmen treatmentt or punishm punishment. ent. %either %either capital capital punishm punishment ent nor life imprison imprisonmen mentt without possibility of release shall be imposed for offences committed committed by persons below eighteen years of age4
b3 %o child shall be deprived of his or her liberty unlawfully or arbitrarily. !he arrest, detention or imprisonment of a child shall be in conformity with the law and and shal shalll be used used only only as a meas measur ure e of last last reso resort rt and and for for the the shor shorte test st appropriate period of time4
c3 *very child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which taes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child5s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in e+ceptional circumstances4
d3 *very child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, indep indepen enden dentt and and impart impartial ial autho authorit rity, y, and and to a prompt prompt decis decision ion on any such such action.
ICCPR Article / %o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific e+perimentation.
d. Prohi"ition of !laver# and %orced a"or Philiine Constitution Article * !ection $0 (-) %o involuntary servitude in any form shall e+ist e+cept as a punishment for a crime whereof the party shall have been duly convicted.
UDHR Article 1 %o one shall be held in slavery or servitude4 slavery and the slave trade shall be prohibited in all their forms.
CRC Article $2 1. "tates #arties shall tae all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or e+ploitation, including se+ual abuse, while in the care of parents3, legal guardians3 or any other person who has the care of the child.
2. "uch protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
ICCPR Article 0 1. %o one shall be held in slavery4 slavery and the slave-trade in all their forms shall be prohibited.
2. %o one shall be held in servitude.
. a3 %o one shall be re)uired to perform forced or compulsory labour4
b3 #aragraph a3 shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court4
c3 6or the purpose of this paragraph the term 7forced or compulsory labour7 shall not include
i3 Any wor or service, not referred to in subparagraph b3, normally re)uired of a person who is under detention in conse)uence of a lawful order of a court, or of a person during conditional release from such detention4
ii3 Any service of a military character and, in countries where conscientious objection is recogni'ed, any national service re)uired by law of conscientious objectors4
iii3 Any service e+acted in cases of emergency or calamity threatening the life or well-being of the community4
iv3 Any wor or service which forms part of normal civil obligations.
e. i"ert# and !ecurit# of Persons Philiine Constitution Article * !ections - $- $1 and $ !ection -. !he right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and sei'ures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue e+cept upon probable cause to be determined personally by the judge after e+amination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be sei'ed.
!ection $-. 13 Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. !hese rights cannot be waived e+cept in writing and in the presence of counsel. 23 %o torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. "ecret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. 3 Any confession or admission obtained in violation of this or "ection 18 hereof shall be inadmissible in evidence against him. 3 !he law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.
!ection $1. 13 %o person shall be held to answer for a criminal offense without due process of law. 23 In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. 9owever, after arraignment, trial may proceed notwithstanding the absence of the accused #rovided, that he has been duly notified and his failure to appear is unjustifiable.
!ection $. !he privilege of the writ of habeas corpus shall not be suspended e+cept in cases of invasion or rebellion, when the public safety re)uires it.
UDHR Article * *veryone has the right to life, liberty and security of person.
ICCPR Article 2 1. *veryone has the right to liberty and security of person. %o one shall be subjected to arbitrary arrest or detention. %o one shall be deprived of his liberty e+cept on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authori'ed by law to e+ercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for e+ecution of the judgement.
. Anyone who is deprived of his liberty by arrest or detention shall be entitled to tae proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
/. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
f.
Right to Privac# Philiine Constitution Article * !ections - * !ection -. !he right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and sei'ures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue e+cept upon probable cause to be determined personally by the judge after e+amination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be sei'ed.
!ection *. 13 !he privacy of communication and correspondence shall be inviolable e+cept upon lawful order of the court, or when public safety or order re)uires otherwise, as prescribed by law. 23 Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
UDHR Article $%o one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacs upon his honour and reputation. *veryone has the right to the protection of the law against such interference or attacs.
CRC Article $+ 1. %o child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacs on his or her honour and reputation.
2. !he child has the right to the protection of the law against such interference or attacs.
ICCPR Article $/ 1. %o one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacs on his honour and reputation.
2. *veryone has the right to the protection of the law against such interference or attacs.
g. Right to 3arr# and %ound a %amil# UDHR Article $+
13 :en and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. !hey are entitled to e)ual rights as to marriage, during marriage and at its dissolution. 23 :arriage shall be entered into only with the free and full consent of the intending spouses. 3 !he family is the natural and fundamental group unit of society and is entitled to protection by society and the "tate.
ICCPR Article -* 1. !he family is the natural and fundamental group unit of society and is entitled to protection by society and the "tate.
2. !he right of men and women of marriageable age to marry and to found a family shall be recogni'ed.
. %o marriage shall be entered into without the free and full consent of the intending spouses.
. "tates #arties to the present $ovenant shall tae appropriate steps to ensure e)uality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.
h. Right to a 4ationalit# UDHR Article $ 13 *veryone has the right to a nationality. 23 %o one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
CRC Article /
1. !he child shall be registered immediately after birth and shall have the right from birth to a name, the right to ac)uire a nationality and. as far as possible, the right to now and be cared for by his or her parents.
2. "tates #arties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
ICCPR Article -1 1. *very child shall have, without any discrimination as to race, colour, se+, language, religion, national or social origin, property or birth, the right to such measures of protection as are re)uired by his status as a minor, on the part of his family, society and the "tate.
2. *very child shall be registered immediately after birth and shall have a name.
. *very child has the right to ac)uire a nationality.
i.
Right to Proert# Philiine Constitution Article * !ections 2 and $5 !ection 2. #rivate property shall not be taen for public use without just compensation. !ection $5. %o law impairing the obligation of contracts shall be passed.
UDHR Article $/ 13 *veryone has the right to own property alone as well as in association with others. 23 %o one shall be arbitrarily deprived of his property.
6.
Right to Recognition as a Person Before the a7
UDHR Article + *veryone has the right to recognition everywhere as a person before the law.
ICCPR Article $+ *veryone shall have the right to recognition everywhere as a person before the law.
8. E9ualit# Before the a7 Philiine Constitution Article * !ections $ $$ $1 !ection $. %o person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the e)ual protection of the laws.
!ection $$. 6ree access to the courts and )uasi-judicial bodies and ade)uate legal assistance shall not be denied to any person by reason of poverty.
!ection $1. 13 %o person shall be held to answer for a criminal offense without due process of law. 23 In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. 9owever, after arraignment, trial may proceed notwithstanding the absence of the accused #rovided, that he has been duly notified and his failure to appear is unjustifiable.
UDHR Articles / 0 $$ Article /. All are e)ual before the law and are entitled without any discrimination to e)ual protection of the law. All are entitled to e)ual protection against any discrimination in violation of this ;eclaration and against any incitement to such discrimination.
Article 0. *veryone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article $$. 13 *veryone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 23 %o one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. %or shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
CRC Article 15 1. "tates #arties recogni'e the right of every child alleged as, accused of, or recogni'ed as having infringed the penal law to be treated in a manner consistent with the promotion of the child5s sense of dignity and worth, which reinforces the child5s respect for the human rights and fundamental freedoms of others and which taes into account the child5s age and the desirability of promoting the child5s reintegration and the child5s assuming a constructive role in society.
2. !o this end, and having regard to the relevant provisions of international instruments, "tates #arties shall, in particular, ensure that
a3 %o child shall be alleged as, be accused of, or recogni'ed as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed4
b3 *very child alleged as or accused of having infringed the penal law has at least the following guarantees
i3 !o be presumed innocent until proven guilty according to law4
ii3 !o be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence4
iii3 !o have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taing into account his or her age or situation, his or her parents or legal guardians4
iv3 %ot to be compelled to give testimony or to confess guilt4 to e+amine or have e+amined adverse witnesses and to obtain the participation and e+amination of witnesses on his or her behalf under conditions of e)uality4
v3 If considered to have infringed the penal law, to have this decision and any measures imposed in conse)uence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law4
vi3 !o have the free assistance of an interpreter if the child cannot understand or spea the language used4
vii3 !o have his or her privacy fully respected at all stages of the proceedings.
. "tates #arties shall see to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recogni'ed as having infringed the penal law, and, in particular
a3 !he establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law4
b3 henever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal
safeguards are fully respected. . A variety of dispositions, such as care, guidance and supervision orders4 counselling4 probation4 foster care4 education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.
ICCPR Articles 2 $1 -+ Article 2 1. *veryone has the right to liberty and security of person. %o one shall be subjected to arbitrary arrest or detention. %o one shall be deprived of his liberty e+cept on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authori'ed by law to e+ercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for e+ecution of the judgement.
. Anyone who is deprived of his liberty by arrest or detention shall be entitled to tae proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
/. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Article $1 1. All persons shall be e)ual before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law,
everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. !he press and the public may be e+cluded from all or part of a trial for reasons of morals, public order ordre public3 or national security in a democratic society, or when the interest of the private lives of the parties so re)uires, or to the e+tent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice4 but any judgement rendered in a criminal case or in a suit at law shall be made public e+cept where the interest of juvenile persons otherwise re)uires or the proceedings concern matrimonial disputes or the guardianship of children.
2. *veryone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full e)uality a3 !o be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him4
b3 !o have ade)uate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing4
c3 !o be tried without undue delay4
d3 !o be tried in his presence, and to defend himself in person or through legal assistance of his own choosing4 to be informed, if he does not have legal assistance, of this right4 and to have legal assistance assigned to him, in any case where the interests of justice so re)uire, and without payment by him in any such case if he does not have sufficient means to pay for it4
e3 !o e+amine, or have e+amined, the witnesses against him and to obtain the attendance and e+amination of witnesses on his behalf under the same conditions as witnesses against him4
f3 !o have the free assistance of an interpreter if he cannot understand or spea the language used in court4
g3 %ot to be compelled to testify against himself or to confess guilt.
. In the case of juvenile persons, the procedure shall be such as will tae account of their age and the desirability of promoting their rehabilitation. /. *veryone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.
0. hen a person has by a final decision been convicted of a criminal offence and when subse)uently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unnown fact in time is wholly or partly attributable to him.
8. %o one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or ac)uitted in accordance with the law and penal procedure of each country.
Article -+ All persons are e)ual before the law and are entitled without any discrimination to the e)ual protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons e)ual and effective protection against discrimination on any ground such as race, colour, se+, language, religion, political or other opinion, national or social origin, property, birth or other status.
l.
%reedom of ,hought Conscience and Religion Philiine Constitution Article * !ection %o law shall be made respecting an establishment of religion, or prohibiting the free e+ercise thereof. !he free e+ercise and enjoyment of religious profession
and worship, without discrimination or preference, shall forever be allowed. %o religious test shall be re)uired for the e+ercise of civil or political rights.
UDHR Article $0 *veryone has the right to freedom of thought, conscience and religion4 this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
CRC Article $1 1. "tates #arties shall respect the right of the child to freedom of thought, conscience and religion.
2. "tates #arties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the e+ercise of his or her right in a manner consistent with the evolving capacities of the child.
. 6reedom to manifest one5s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.
ICCPR Article $0 1. "tates #arties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. #arents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. !he best interests of the child will be their basic concern.
2. 6or the purpose of guaranteeing and promoting the rights set forth in the present $onvention, "tates #arties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.
. "tates #arties shall tae all appropriate measures to ensure that children of woring parents have the right to benefit from child-care services and facilities for which they are eligible.
m. %reedom of :inion and E;ression Philiine Constitution Article * !ections 1 and $0 !ection 1. %o law shall be passed abridging the freedom of speech, of e+pression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. !ection $0. 13 %o person shall be detained solely by reason of his political beliefs and aspirations. 23 %o involuntary servitude in any form shall e+ist e+cept as a punishment for a crime whereof the party shall have been duly convicted.
UDHR Article $2 *veryone has the right to freedom of opinion and e+pression4 this right includes freedom to hold opinions without interference and to see, receive and impart information and ideas through any media and regardless of frontiers.
CRC Articles $- $* Article $1. "tates #arties shall assure to the child who is capable of forming his or her own views the right to e+press those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
2. 6or this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
Article $* 1. !he child shall have the right to freedom of e+pression4 this right shall include freedom to see, receive and impart information and ideas of all inds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child5s choice.
2. !he e+ercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary
a3 6or respect of the rights or reputations of others4 or
b3 6or the protection of national security or of public order ordre public3, or of public health or morals.
ICCPR Article $2 1. *veryone shall have the right to hold opinions without interference.
2. *veryone shall have the right to freedom of e+pression4 this right shall include freedom to see, receive and impart information and ideas of all inds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
. !he e+ercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary
a3 6or respect of the rights or reputations of others4
b3 6or the protection of national security or of public order ordre public3, or of public health or morals.
n. %reedom of Assem"l# and Association Philiine Constitution Article * !ections 1 0 and $ !ection 1. %o law shall be passed abridging the freedom of speech, of e+pression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. !ection 0. !he right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.cr !ection $. !he privilege of the writ of habeas corpus shall not be suspended e+cept in cases of invasion or rebellion, when the public safety re)uires it.
UDHR Article -5 13 *veryone has the right to freedom of peaceful assembly and association. 23 %o one may be compelled to belong to an association.
CRC Article $ 1. "tates #arties recogni'e the rights of the child to freedom of association and to freedom of peaceful assembly.
2. %o restrictions may be placed on the e+ercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order ordre public3, the protection of public health or morals or the protection of the rights and freedoms of others.
ICCPR Articles -$ -Article -$ !he right of peaceful assembly shall be recogni'ed. %o restrictions may be placed on the e+ercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of
national security or public safety, public order ordre public3, the protection of public health or morals or the protection of the rights and freedoms of others.
Article -1. *veryone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
2. %o restrictions may be placed on the e+ercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order ordre public3, the protection of public health or morals or the protection of the rights and freedoms of others. !his article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their e+ercise of this right.
. %othing in this article shall authori'e "tates #arties to the International
? concerning 6reedom of Association and #rotection of the @ight to =rgani'e to tae legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that $onvention.
ICE!CR Article 0 1. !he "tates #arties to the present $ovenant undertae to ensure
a3 !he right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organi'ation concerned, for the promotion and protection of his economic and social interests. %o restrictions may be placed on the e+ercise 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 others4
b3 !he right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organi'ations4
c3 !he 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 others4
d3 !he right to strie, provided that it is e+ercised in conformity with the laws of the particular country.
2. !his article shall not prevent the imposition of lawful restrictions on the e+ercise of these rights by members of the armed forces or of the police or of the administration of the "tate.
. %othing in this article shall authori'e "tates #arties to the International ? concerning 6reedom of Association and #rotection of the @ight to =rgani'e to tae legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that $onvention.
o. %reedom of 3ovement Philiine Constitution Article * !ection + !he liberty of abode and of changing the same within the limits prescribed by law shall not be impaired e+cept upon lawful order of the court. %either shall the right to travel be impaired e+cept in the interest of national security, public safety, or public health, as may be provided by law.
UDHR Article $* 13 *veryone has the right to freedom of movement and residence within the borders of each state. 23 *veryone has the right to leave any country, including his own, and to return to his country.
ICCPR Articles $- $* Article $-
1. *veryone lawfully within the territory of a "tate shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
2. *veryone shall be free to leave any country, including his own.
. !he above-mentioned rights shall not be subject to any restrictions e+cept those which are provided by law, are necessary to protect national security, public order ordre public3, public health or morals or the rights and freedoms of others, and are consistent with the other rights recogni'ed in the present $ovenant.
. %o one shall be arbitrarily deprived of the right to enter his own country.
Article $* An alien lawfully in the territory of a "tate #arty to the present $ovenant may be e+pelled therefrom only in pursuance of a decision reached in accordance with law and shall, e+cept where compelling reasons of national security otherwise re)uire, be allowed to submit the reasons against his e+pulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.
. %reedom to Particiate in Pu"lic Affairs Philiine Constitution Article !ection $ "uffrage may be e+ercised by all citi'ens of the #hilippines not otherwise dis)ualified by law, who are at least eighteen years of age, and who shall have resided in the #hilippines for at least one year, and in the place wherein they propose to vote, for at least si+ months immediately preceding the election. %o literacy, property, or other substantive re)uirement shall be imposed on the e+ercise of suffrage.
UDHR Article -$
13 *veryone has the right to tae part in the government of his country, directly or through freely chosen representatives. 23 *veryone has the right of e)ual access to public service in his country. 3 !he will of the people shall be the basis of the authority of government4 this will shall be e+pressed in periodic and genuine elections which shall be by universal and e)ual suffrage and shall be held by secret vote or by e)uivalent free voting procedures.
ICCPR Article - *very citi'en shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions
a3 !o tae part in the conduct of public affairs, directly or through freely chosen representatives4
b3 !o vote and to be elected at genuine periodic elections which shall be by universal and e)ual suffrage and shall be held by secret ballot, guaranteeing the free e+pression of the will of the electors4
c3 !o have access, on general terms of e)uality, to public service in his country.
9. Right to Information Philiine Constitution Article * !ection / !he right of the people to information on matters of public concern shall be recogni'ed. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citi'en, subject to such limitations as may be provided by law.
UDHR Article $2
*veryone has the right to freedom of opinion and e+pression4 this right includes freedom to hold opinions without interference and to see, receive and impart information and ideas through any media and regardless of frontiers.
CRC Article $* 1. !he child shall have the right to freedom of e+pression4 this right shall include freedom to see, receive and impart information and ideas of all inds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child5s choice.
2. !he e+ercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary
a3 6or respect of the rights or reputations of others4 or
b3 6or the protection of national security or of public order ordre public3, or of public health or morals.
ICCPR Article $2 (-) 2. *veryone shall have the right to freedom of e+pression4 this right shall include freedom to see, receive and impart information and ideas of all inds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
-. Economic !ocial and Cultural Rights (!econd &eneration of Human Rights) a. Right to an Ade9uate !tandard of iving UDHR Article - 13 *veryone has the right to a standard of living ade)uate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sicness, disability, widowhood, old age or other lac of livelihood in circumstances beyond his control.
23 :otherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedloc, shall enjoy the same social protection.
CRC Article -1 -/ Article -1 1. "tates #arties recogni'e the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. "tates #arties shall strive to ensure that no child is deprived of his or her right of access to such health care services.
2. "tates #arties shall pursue full implementation of this right and, in particular, shall tae appropriate measures
a3 !o diminish infant and child mortality4
b3 !o ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care4
c3 !o combat disease and malnutrition, including within the framewor of primary health care, through, inter alia, the application of readily available technology and through the provision of ade)uate nutritious foods and clean drining-water, taing into consideration the dangers and riss of environmental pollution4
d3 !o ensure appropriate pre-natal and post-natal health care for mothers4
e3 !o ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic nowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents4
f3 !o develop preventive health care, guidance for parents and family planning education and services.
. "tates #arties shall tae all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.
. "tates #arties undertae to promote and encourage international co-operation with a view to achieving progressively the full reali'ation of the right recogni'ed in the present article. In this regard, particular account shall be taen of the needs of developing countries.
Article -/ 1. "tates #arties recogni'e the right of every child to a standard of living ade)uate for the child5s physical, mental, spiritual, moral and social development.
2. !he parents3 or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child5s development.
. "tates #arties, in accordance with national conditions and within their means, shall tae appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.
. "tates #arties shall tae all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the "tate #arty and from abroad. In particular, where the person having financial responsibility for the child lives in a "tate different from that of the child, "tates #arties shall promote the accession to international agreements or the conclusion of such agreements, as well as the maing of other appropriate arrangements.
ICE!CR Article $$
1. !he "tates #arties to the present $ovenant recogni'e the right of everyone to an ade)uate standard of living for himself and his family, including ade)uate food, clothing and housing, and to the continuous improvement of living conditions. !he "tates #arties will tae appropriate steps to ensure the reali'ation of this right, recogni'ing to this effect the essential importance of international co-operation based on free consent.
2. !he "tates #arties to the present $ovenant, recogni'ing the fundamental right of everyone to be free from hunger, shall tae, individually and through international co-operation, the measures, including specific programmes, which are needed
a3 !o improve methods of production, conservation and distribution of food by maing full use of technical and scientific nowledge, by disseminating nowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utili'ation of natural resources4
b3 !aing into account the problems of both food-importing and food-e+porting countries, to ensure an e)uitable distribution of world food supplies in relation to need.
". Right to !ocial !ecurit# UDHR Article -- - Article --. *veryone, as a member of society, has the right to social security and is entitled to reali'ation, through national effort and international co-operation and in accordance with the organi'ation and resources of each "tate, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article -. 13 *veryone has the right to a standard of living ade)uate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event
of unemployment, sicness, disability, widowhood, old age or other lac of livelihood in circumstances beyond his control. 23 :otherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedloc, shall enjoy the same social protection.
CRC Article -+ 1. "tates #arties shall recogni'e for every child the right to benefit from social security, including social insurance, and shall tae the necessary measures to achieve the full reali'ation of this right in accordance with their national law.
2. !he benefits should, where appropriate, be granted, taing into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.
ICE!CR Article 2 $5 Article 2 !he "tates #arties to the present $ovenant recogni'e the right of everyone to social security, including social insurance.
Article $5 !he "tates #arties to the present $ovenant recogni'e that
1. !he widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. :arriage must be entered into with the free consent of the intending spouses.
2. "pecial protection should be accorded to mothers during a reasonable period before and after childbirth. ;uring such period woring mothers should be accorded paid leave or leave with ade)uate social security benefits.
. "pecial measures of protection and assistance should be taen on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. $hildren and young persons should be protected from economic and social e+ploitation. !heir employment in wor harmful to their morals or health or dangerous to life or liely to hamper their normal development should be punishable by law. "tates should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.
c. Right to
ICE!CR Articles + and 0 Article + 1. !he "tates #arties to the present $ovenant recogni'e the right to wor, which includes the right of everyone to the opportunity to gain his living by wor which he freely chooses or accepts, and will tae appropriate steps to safeguard this right.
2. !he steps to be taen by a "tate #arty to the present $ovenant to achieve the full reali'ation of this right shall include technical and vocational guidance and training programmes, policies and techni)ues 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 0 1. !he "tates #arties to the present $ovenant undertae to ensure
a3 !he right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organi'ation concerned, for the promotion
and protection of his economic and social interests. %o restrictions may be placed on the e+ercise 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 others4
b3 !he right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organi'ations4
c3 !he 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 others4
d3 !he right to strie, provided that it is e+ercised in conformity with the laws of the particular country.
2. !his article shall not prevent the imposition of lawful restrictions on the e+ercise of these rights by members of the armed forces or of the police or of the administration of the "tate. . %othing in this article shall authori'e "tates #arties to the International ? concerning 6reedom of Association and #rotection of the @ight to =rgani'e to tae legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that $onvention.
d. Right to =ust and %avora"le Conditions of
3 *veryone who wors has the right to just and favourable remuneration ensuring for himself and his family an e+istence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 3 *veryone has the right to form and to join trade unions for the protection of his interests.
Article -1 *veryone has the right to rest and leisure, including reasonable limitation of woring hours and periodic holidays with pay.
CRC Articles *$ *Article *$ 1. "tates #arties recogni'e the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
2. "tates #arties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and e)ual opportunities for cultural, artistic, recreational and leisure activity.
Article *1. "tates #arties recogni'e the right of the child to be protected from economic e+ploitation and from performing any wor that is liely to be ha'ardous or to interfere with the child5s education, or to be harmful to the child5s health or physical, mental, spiritual, moral or social development.
2. "tates #arties shall tae legislative, administrative, social and educational measures to ensure the implementation of the present article. !o this end, and having regard to the relevant provisions of other international instruments, "tates #arties shall in particular
a3 #rovide for a minimum age or minimum ages for admission to employment4
b3 #rovide for appropriate regulation of the hours and conditions of employment4
c3 #rovide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.
ICE!CR Article / !he "tates #arties to the present $ovenant recogni'e the right of everyone to the enjoyment of just and favourable conditions of wor which ensure, in particular
a3 @emuneration which provides all worers, as a minimum, with
i3 6air wages and e)ual remuneration for wor of e)ual value without distinction of any ind, in particular women being guaranteed conditions of wor not inferior to those enjoyed by men, with e)ual pay for e)ual wor4
ii3 A decent living for themselves and their families in accordance with the provisions of the present $ovenant4
b3 "afe and healthy woring conditions4 c3 *)ual opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence4
d 3 @est, leisure and reasonable limitation of woring hours and periodic holidays with pay, as well as remuneration for public holidays
e. Right to Particiate in Cultural ife UDHR Article -/
13 *veryone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 23 *veryone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
ICE!CR Article $ 1. !he "tates #arties to the present $ovenant recogni'e the right of everyone
a3 !o tae part in cultural life4
b3 !o enjoy the benefits of scientific progress and its applications4
c3 !o benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
2. !he steps to be taen by the "tates #arties to the present $ovenant to achieve the full reali'ation of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. . !he "tates #arties to the present $ovenant undertae to respect the freedom indispensable for scientific research and creative activity.
. !he "tates #arties to the present $ovenant recogni'e the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.
f.
Right to Education and ,raining UDHR Article -+ 13 *veryone has the right to education. *ducation shall be free, at least in the elementary and fundamental stages. *lementary education shall be compulsory.
!echnical and professional education shall be made generally available and higher education shall be e)ually accessible to all on the basis of merit. 23 *ducation shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the (nited %ations for the maintenance of peace. 3 #arents have a prior right to choose the ind of education that shall be given to their children.
CRC Article -0 1. "tates #arties recogni'e the right of the child to education, and with a view to achieving this right progressively and on the basis of e)ual opportunity, they shall, in particular
a3 :ae primary education compulsory and available free to all4
b3 *ncourage the development of different forms of secondary education, including general and vocational education, mae them available and accessible to every child, and tae appropriate measures such as the introduction of free education and offering financial assistance in case of need4
c3 :ae higher education accessible to all on the basis of capacity by every appropriate means4
d3 :ae educational and vocational information and guidance available and accessible to all children4
e3 !ae measures to encourage regular attendance at schools and the reduction of drop-out rates.
2. "tates #arties shall tae all appropriate measures to ensure that school discipline is administered in a manner consistent with the child5s human dignity and in conformity with the present $onvention.
. "tates #arties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical nowledge and modern teaching methods. In this regard, particular account shall be taen of the needs of developing countries.
*. Right to Develoment and Balanced Environment (,hird &eneration Human Rights) a. Right to Develoment UDHR Article -*veryone, as a member of society, has the right to social security and is entitled to reali'ation, through national effort and international co-operation and in accordance with the organi'ation and resources of each "tate, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Declaration on the Right to Develoment Article $ !he right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully reali'ed.
". Right to an Ecologicall# Balanced Environment Philiine Constitution Article - !ection $+ !he "tate shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
c. Right and %reedom of Access to 4atural and Cultural Patrimonies ICE!CR Article $
