CARHRIHL: Comprehensive Agreement for Respect on Human Rights and International Humanitarian Law PDF

CARHRIHL 1. Right to self-determination 2. Right to liberty Comprehensive Agreement for Respect on Human 3. Right to uni...

CARHRIHL 1. Right to self-determination 2. Right to liberty Comprehensive Agreement for Respect on Human 3. Right to universal suffrage Rights and International Humanitarian Law 4. Right to a substantive and procedural due Who are the Parties involved in this agreement? process 5. Right to have marital union 1. National Democratic Front of the Philippines (NDFP) According to Col Flores, we will tackle more on IHL a. Communist Party of the Philippines next sem so hanggang human rights muna  (CPP) b. New People’s Army (NPA) 2. Government of the Republic of the Philippines GAD & the Magna Carta of Women (GRP) RA 9710 aka The Magna Carta of Women What are the two international documents that this agreement discuss? Why is it called “Magna Carta of Women” and not “Magna Carta for Women? 1. Human Rights (HR) 2. International Humanitarian Law (IHL) - The former statement emphasizes the participation and ownership of women to What are the two agreements in which this framework the law. abide upon? Some definition of terms which are important to know: 1. The Hague Joint Declaration 2. Breukelen Joint Statement Women empowerment What pushed the creation of the CARHRIHL? - Provisions that enable women to actively participate in nation-building and societal - The prolonged armed conflict in the development Philippines necessitates the application of the principles of human rights and the principles of Who are considered the marginalized sector? These are just some: international humanitarian law and the faithful compliance therewith - Fisherfolk What are the objectives of this agreement? - Urban poor - Migrant worker 1. to guarantee the protection of human rights - Senior citizen to all Filipinos under all circumstances, - PWDs especially the workers, peasants and other poor people; Who is the overall monitoring and oversight body to 2. to affirm and apply the principles of ensure the implementation of the law? international humanitarian law in order to - Philippine Commission on Women (PCW) protect the civilian population and individual civilians, as well as persons who do What is GAD? not take direct part or who have ceased to take Gender and Development refers to the development part in the armed hostilities, including persons perspective and process that are participatory and deprived of their liberty for reasons related to empowering, equitable, sustainable, free from violence, the armed conflict; respectful of human rights, supportive of self- 3. to establish effective mechanisms and determination and actualization of human potentials. measures for realizing, monitoring, verifying and ensuring compliance with the provisions of - women are active agents of development and this Agreement; not just passive recipients of development 4. to pave the way for comprehensive agreements assistance; on economic, social and political reforms that will ensure the attainment of a just and What is Gender Mainstreaming? lasting peace. - It is a strategy for making women’s as well as What are some basic human rights that this agreement men’s concerns and experiences an integral protect and uphold? dimension of the design, implementation, monitoring, and evaluation of policies and  programs in all political, economic, and societal RA 9262 aka Anti-Violence Against Women and spheres so that women and men benefit their Children Act of 2004 equally and inequality is not perpetuated. What are the four types of violence that are prohibited and punishable by this act? How can we differentiate sex from gender? 1. Physical violence 2. Sexual violence 3. Psychological violence 4. Economic abuse What is the battered woman syndrome? - It is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Sample situation: Under Philippine laws, even if the elements of self- defense are not present, a woman suffering from What are some women’s rights under the Magna Carta BWS shall not be criminally and civilly liable. of Women? Ibig sabihin lang, yung babae na having battered 1. Women’s right to health woman syndrome, may consideration sa batas 2. Equal rights in all matters relating to marriage kapag kunwari napatay nya ‘yung asawa nya for and family relations the purpose of self-defense. 3. Rights to employment 4. Right to sports participation Kung napatay sa asawa iyang bana para maprotektahan iyang kaugalingon, dili makasohan ang asawa kay nabuhat niya ang pagpatay tungod sa “battered woman syndrome” na nakuha niya OTHER WOMEN’S RIGHTS tungod pud sa pagpanakit sa iyang bana. International laws To read more on BWS: CEDAW https://ndvlaw.com/battered-woman-syndrome/ Convention on the Elimination of All Forms of Discrimination Against Women RA 7192 aka Women in Development and Nation This is an international convention adopted and Building Act opened for signature, ratification and accession by the The State recognizes the role of women in nation United Nations General Assembly building and shall ensure the fundamental equality before the law of women and men. How will we define “discrimination against women?” Who is the responsible agency? - any distinction, exclusion or restriction made - National Economic and Development on the basis of sex which has the effect or Authority (NEDA) purpose of impairing or nullifying the RA 7877 aka Anti-Sexual Harassment Act of 1995 recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of The State shall value the dignity of every individual, equality of men and women, of human rights enhance the development of its human resources and fundamental freedoms in the political, guarantee full respect for human rights, and uphold the economic, social, cultural, civil or any other dignity of workers, employees, applicants for field. employment, students, or those undergoing training, instruction, or education. National laws to protect women’s rights: All forms of sexual harassment in the employment, original inhabitants of Mindanao and the Sulu education or training environment are hereby declared archipelago and its adjacent islands, whether of unlawful. mixed or full blood shall have the right to identify themselves, their spouses and descendants, as Bangsamoro. RIGHTS OF INDIGENOUS PEOPLE Transitional Justice International laws - Processes and mechanisms a society UNDRIP implements to address the legacy og serious human rights abuse United Nations Declaration on the Rights of Indigenous People 1. Marcos Martial Law Era: What are internationally recognized rights that is protected by the UNDRIP? The end of authoritarian rule in 1986 marked an important opportunity for the Philippines to pursue 1. Right to self-determination transitional justice and effect societal transformation1. 2. Right to autonomy or self-government President Corazon Aquino pledged “to do justice to the 3. Right to a nationality numerous human rights violations” committed during 4. Right to belong to an indigenous community the Marcos Martial Law regime2. or nation 5. Right to be free from any kind of Efforts included: discrimination Institutional Reforms: The government undertook National laws restructuring, constitutional changes, and judicial reforms. RA 8371 aka The Indigenous Peoples Rights Act of 1997 Security Sector Reform: Measures were taken to “depoliticize” the military and enhance its What does ICC/IP stand for? accountability. - Indigenous Cultural Communities/Indigenous Peoples Justice, Reparation, Prevention: The Presidential - a group of people or homogenous societies Commission on Good Government aimed to recover ill- identified by self-ascription and ascription by gotten wealth. other, who have continuously lived as organized community on communally bounded However, broader societal challenges—such as poverty, inequality, and corruption—persist, impacting and defined territory the risk of recurrence. What is ancestral domain? 2. Armed Conflict: - all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal The Communist armed challenge remains a context areas, and natural resources therein, held for transitional justice efforts. Truth-seeking, criminal under a claim of ownership, occupied or accountability, reparations, and institutional reform are possessed by ICCs/IPs ongoing, accompanied by reconciliation initiatives by civil society at regional and local levels. What is ancestral land? - refers to land occupied, possessed and utilized In summary, the Philippines has grappled with by individuals, families and clans who are transitional justice to address historical injustices and prevent their recurrence, but the journey continues. members of the ICCs/IPs since time immemorial, RA 11054 aka Organic Law for the Bangsamoro RIGHTS OF PERSONS WITH DISABILITIES Autonomous Region in Muslim Mindanao." International laws Who are the Bangsamoro people? UNCRPD - Those who, at the advent of the Spanish colonization, were considered natives or United Nations Convention on the Rights of Persons - Medical and dental services with Disabilities - Purchase of medicines in all drugstores - Educational assistance to PWDs The purpose of the United Nations Convention on the - Express lanes for PWDs Rights of Persons with Disabilities (CRPD) is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to Batas Pambansa Blg 344 promote respect for their inherent dignity. Accessibility Law What are PWDs? - An Act to Enhance the Mobility of Persons with Persons with disabilities are those who have long-term Disabilities by Requiring Certain Buildings, physical, mental, intellectual or sensory impairments in Institutions, Establishments and Public Utilities which interaction with various barriers may hinder their to Install Facilities and Other Devices (1983) full and effective participation in society on an equal - Provides for a barrier-free environment that basis with others. will enhance the mobility of persons with disabilities so they can participate fully in the National laws social life and in the development of society RA 7277 aka Magna Carta for Disabled Persons An Act Providing for the Rehabilitation, Self- RA 6759 aka White Cane Act Development and Self-Reliance of Persons with Disabilities and their Integration into the Mainstream of To promote and protect the physical, moral and Society (1992) social well-being of blind persons Amended by RA 9442, Magna Carta for Disabled Declares August 1 as the White Cane Safety Persons, and for Other Purposes (2006) Day for the purposes of instilling public awareness of the plight of the blind, promoting Equal rights and privileges of PWDs on the following recognition and acceptance of the “white cane” as a symbol of the need of the blind for specific assistance and as a reminder of the individual’s Access to Quality Education duty to care for and accord due respect to his Health unfortunate brethren Auxiliary social services Telecommunications Accessibility Political and civil rights ILO Convention No. 159 Right to assemble Vocational Rehabilitation of Persons with Disability Right to organize Prohibits discrimination on: - ILO (International Labour Organization) is a UN agency that deals with labour issues and - Employment sets international standards - Transportation - provides for vocational rehabilitation measures - Use of public accommodations and services for all categories of disabled persons - Equality of opportunity and treatment for disabled men and women workers shall be RA 9442 aka Magna Carta for Persons with respected Disability, and for Other Purposes Grants 20% discount privileges to PWDs on the following: RIGHTS OF CHILDREN - Utilization of services in hotels and similar International lodging establishments, restaurants and CRC recreation centers - Discounted fares for domestic land, air and sea Convention on the Rights of the Child travel According to this convention, who is considered a - Admission fees charged by theaters and other child? leisure and amusement  - a child means every human being below the age The prohibition of violence to civilians, including of eighteen years unless under the law children, in particular murder, mutilation, cruel applicable to the child treatment, and torture is a principle of customary international law, with universal applicability in all Here are some rights of a child that is protected by this situations of armed conflict. convention: 3. Sexual violence against children Right to life - ensure to the maximum extent possible the survival and development of the child. Rape and other forms of sexual violence against children, both boys and girls, are serious violations of A child shall be registered immediately after birth international human rights law and may amount to and shall have the right from birth to a name grave breaches of international humanitarian law. Right to acquire a nationality and. as far as possible, 4. Attacks against schools and hospitals the right to know and be cared for by his or her parents. Schools and hospitals are civilian institutions that often provide shelter and protection, and tend to the needs A child shall not be separated from his or her parents of children during conflict. Attacks against schools or Parents or, as the case may be, legal guardians, have hospitals are, in principle, contraventions of well- the primary responsibility for the upbringing and established international humanitarian law, including development of the child. customary norms, and may constitute war crimes and crimes against humanity. The system of adoption shall ensure that the best interests of the child shall be the paramount 5. Abduction of children consideration Abducting or seizing children against their will or the Right of the disabled child to special care will of their adult guardians either temporarily or permanently and without due cause, is illegal under Right of the child to education international law. Right of the child to be protected from economic 6. Denial of humanitarian access exploitation “The child shall in all circumstances be among the first States Parties shall refrain from recruiting any person to receive protection and relief.” who has not attained the age of fifteen years into their armed forces National laws THE SIX (6) GRAVE VIOLATIONS AGAINST RA 7610 aka Special Protection of Children Against CHILDREN DURING ARMED CONFLICT Abuse, Exploitation, and Discrimination Act Why should we pay special attention to the rights of a An act providing for the stronger deterrence and special child during armed conflict? protection against child abuse, exploitation, and discrimination, and for other purposes. - Protecting children from the effects of armed conflict is a moral imperative, a legal Who are considered children in this law? responsibility and a question of international "Children" refers to person below eighteen (18) years peace and security. of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, 1. Recruitment and use of children cruelty, exploitation or discrimination because of a Recruiting or using children under the age of 15 as physical or mental disability or condition; soldiers is incontrovertibly prohibited under What is child abuse? international humanitarian law. Furthermore, international human rights law clearly states 18 years "Child abuse" refers to the maltreatment, whether as the minimum legal age for participation in habitual or not, of the child hostilities. 2. Killing and maiming of children  Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of Child Prostitution and Other Sexual Abuse persons with or without the victim's consent or - coercion or influence of any adult, syndicate or knowledge, within or across national borders by means group, indulge in sexual intercourse or of threat or use of force, or other forms of coercion, lascivious conduct abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the Child Trafficking person, or, the giving or receiving of payments or - trading and dealing with children; the act of benefits to achieve the consent of a person having buying and selling of a child for money control over another person for the purpose of exploitation Obscene Publications and Indecent Shows - hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and RA 9344 aka Juvenile Justice and Welfare Act of indecent show to sell or distribute the materials 2006 Important concepts to remember: RA 9231 “Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses An Act Providing for the Elimination of the Worst because of personal, family and social circumstances Forms of Child Labor and Affording Stronger Protection for the Working Child "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having It amends RA 7610. committed an offense under Philippine laws. Added sections Rights of the child in conflict with the law: Section 12-A: Hours of Work of a Working Child - right not to be subjected to torture - right not to be imposed a sentence of capital - Below 15 years old: not more than 4 hours a punishment or life imprisonment, without the day; not more than 20 hours a week possibility of release; - 15-18 years old: can work more than 8 hours a - right to be treated with humanity and respect day but not more than 40 hours a week - Below 15: no work between 2000H-0600H Minimum age of criminal responsibility - 15-18 years old: no work between 2200H -0600 A child fifteen (15) years of age or under at the time of Section 12-B: Ownership, Usage and Administration of the commission of the offense shall be exempt from the Working Child's Income criminal liability. However, the child shall be subjected to an intervention program - A working child’s income belongs to him/her - Primarily to support his/her education A child above fifteen (15) years but below eighteen - Not more than 20% goes to collective needs of (18) years of age shall likewise be exempt from family criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in Section 12-C: Trust Fund to Preserve Part of the which case, such child shall be subjected to the Working Child's Income appropriate proceedings in accordance with this Act. - Trust fund of at least 30% Juvenile Justice and Welfare Council (JJWC). Section 12-D: Prohibition Against Worst Forms of - Ensure implementation of this act Child Labor Children Below the Age of Criminal Responsibility. - Slavery - Prostitution If it has been determined that the child taken into - Drug trafficking custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the RA 9208 duty to immediately release the child to the custody of Anti-Trafficking in Persons Act of 2003 his/her parents or guardian, or in the absence thereof, the child's nearest relative. What is trafficking? RA 11188 aka Special Protection of Children in 1. Physical torture: a form of treatment or Situations of Armed Conflict punishment inflicted by a person in authority or agent of a person in authority upon another in Children as Zones of Peace his/her custody that causes severe pain, Children in Situations of Armed Conflict (CSAC) exhaustion, disability or dysfunction of one or more parts of the body - General situation a. Systematic beating Children Involved in Armed Conflict (CIAC) b. Food deprivation c. Electric shock - Child soldiers d. Cigarette burning e. the use of plastic bag and other Children Affected by Armed Conflict (CAAC) materials placed over the head to the - Victims of armed conflict point of asphyxiation 2. Mental/Psychological torture: acts committed by a person in authority or agent of a person in ANTI-TORTURE ACT, ANTI-DISAPPEARANCE authority which are calculated to affect or ACT, RA 10368 confuse the mind and/or undermine a person's dignity and morale International a. Blindfolding b. Prolonged interrogation UNCAT c. Denial of sleep United Nations Convention Against Torture d. Shame infliction What is torture? RA 10353 aka “Anti-Enforced or Involuntary Disappearance Act of 2012″ Torture is severe pain or suffering, physical or mental, intentionally inflicted on a person Enforced or involuntary disappearance refers to the arrest, detention, abduction or any other form of When can torture become justified? deprivation of liberty committed by agents of the State No exceptional circumstances whatsoever, whether or by persons or groups of persons acting with the a state of war or a threat of war, internal political authorization, support or acquiescence of the State instability or any other public emergency, may be Remember: ang state actors ang may gawa nito. Kapag invoked as a justification of torture. enforced disappearance sya by nonstate actors, hindi Rights against torture is non-derogable, sya covered sa law na ito meaning, it cannot be suspended or limited under any Example is the case of Jonas Burgos circumstance. RA 10368 aka “Human Rights Victims Reparation Kahit may giyera, zombie apocalypse, or the and Recognition Act of 2013” purge man, BAWAL SA BATAS ANG MANG TORTURE NG TAO. Human rights violation refers to any act or omission committed during the period from September 21, 1972 No State Party shall expel, return ("refouler") or to February 25, 1986 by persons acting in an official extradite a person to another State where there are capacity and/or agents of the State substantial grounds for believing that he would be in danger of being subjected to torture. Under sa law na ito, yung dinidefine lang na HR violations ay yung nacommit during the Marcos regime HRVV: Human Rights Violations Victim UNICPPED International Convention for the Protection of all Persons from Enforced Disappearances National Laws RA 9745 aka Anti-Torture Law What are the types of torture?