PUP Econ 40143 Human Rights and Development PDF

SYNCHRONOUS LECTURE 1 HUMAN RIGHTS AND DEVELOPMENT JOHN ANGEL N. BAUTISTA Attorney IV, Commission on Human Rights Region III Associate Professorial Lecturer of Economics, Polytechnic University of the Philippines...

SYNCHRONOUS LECTURE 1 HUMAN RIGHTS AND DEVELOPMENT JOHN ANGEL N. BAUTISTA Attorney IV, Commission on Human Rights Region III Associate Professorial Lecturer of Economics, Polytechnic University of the Philippines Professor, PSU Open University Systems Professor of Public Administration, University of the Assumption Master of Arts in Social and Development Studies, University of the Philippines Bachelor of Laws, University of Pangasinan Bachelor of Arts in Social Sciences (Economics-Political Science), University of the Philippines OVERVIEW Course Description Throughout history, the development discourse has seen a dramatic shift from the use of purely economistic development approaches to increasingly human- centered development philosophies in explaining and addressing the underlying issues related to economic, social, and political development. One of these human-centered approaches is the human rights-based approach (HRBA), a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. The HBRA is one of the universal values of the Sustainable Development Goals Framework. OVERVIEW Course Description The first part of the course introduces the concept of human rights by looking into its meaning, nature, and history. The course will examine existing structures and systems of international human rights, classify human rights based on these structures and systems, and identify the key actors in human rights. In the second part of the course, the connection between human rights and development will be explored. Finally, the emerging concept of human rights cities, its implementation and the localization of human rights will be analyzed. OVERVIEW Course Objectives At the end of the course, the student must be able to: 1. Gain an understanding of basic human rights concepts and principles; 2. Comprehend the foundations of the human rights-based approach and the impact of human rights on the ability of countries and individuals to economically, socially and politically develop; and 3. Apply concepts learned in analyzing contemporary development issues in research and other endeavors. OVERVIEW Course Outline I. Introduction to Human Rights a. Meaning, Nature, and Philosophical Foundations of Human Rights b. Evolution and Historical Development of Human Rights II. The Structures and Systems of International Human Rights III. Classification of Human Rights a. Civil and Political Rights b. Economic, Social, and Cultural Rights c. Collective Rights IV. Key Actors in Human Rights a. Duty-bearers: State and Non-State Actors b. Rights Holders c. Vulnerable Sectors OVERVIEW Course Outline V. The Nexus of Human Rights and Development a. A Review of the Theories of Development b. Economistic vs. Human-Centered Development Philosophies c. Human Rights-Based Approach to Development d. The Sustainable Development Goals VI. Localizing Human Rights-Based Approach to Development a. Philippine Laws and Policies on Human Rights and Development b. Human Rights Cities in the Philippines VII. Research on Human Rights and Development OVERVIEW Course Requirements Quizzes and Assignments (20%). From time to time, announced and unannounced quizzes will be given to given to test the retention of important topics discussed in class. Assignments will likewise be assigned to gauge students’ understanding of the lessons by applying the concepts and theories learned in actual, day-to-day situations. Group Presentations (20%). Group activities will be assigned in certain instances to foster collaboration among students in identifying issues and providing solutions to theoretical and practical problems. OVERVIEW Course Requirements Final Paper (20%). A final paper on a topic identified by the student is an indispensable requirement for the course. The student will be given a choice between an academic paper (a traditional scholarly paper that asks a research question, formulates a hypothesis, proposes a systematic way to test and assess the hypothesis with empirical evidence, and finishes with a set of logical conclusions) or a policy paper (a type of paper that provides a description and overview of a problem and formulates a set of actionable recommendations.) Examinations (40%). A midterm and final examination will be given on the scheduled dates based on the University calendar. For this course, examinations will mostly be in essay format. SYNCHRONOUS LECTURE 2 WHAT ARE HUMAN RIGHTS? DEFINITIONS Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life. DEFINITIONS Human rights constitute a set of rights and duties necessary for the protection of human dignity, inherent to all human beings, irrespective of nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. DEFINITIONS Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.  HUMAN RIGHTS = KARAPATANG PANTAO PRINCIPLES UNIVERSAL Para sa lahat. PRINCIPLES INHERENT Likas sa bawat indibidwal. PRINCIPLES NON-DISCRIMINATION Walang pagtatanggi. PRINCIPLES INDIVISIBLE/ INTERRELATED Magkakaugnay PRINCIPLES INALIENABLE Hindi maaaring tanggalin o ihiwalay PRINCIPLES ACCOUNTABILITY Pananagutan PRINCIPLES EMPOWERMENT Sigasig PRINCIPLES EQUITY Karampatan PRINCIPLES GOOD GOVERNANCE Mabuting pamamahala DUTY OF STATES Respect Protect Fulfill States must refrain from States must protect States must take positive interfering with or individuals and groups action to facilitate the curtailing the enjoyment enjoyment of basic human against human rights rights. of human rights. abuses. OBLIGATION OF INDIVIDUALS To respect and stand up for the human rights of others.  HUMAN RIGHTS Right to Equality Freedom from Discrimination Everyone is entitled to all the rights and freedoms All human beings are born free and without distinction on the basis of race, color, sex, equal in dignity and rights. language, religion, political or other opinion, national or social origin, property, birth or other status. No discrimination on the basis of the country’s status Right to Life, Liberty and Personal Security Freedom from Slavery Everyone has the right to life, liberty No one shall be held in slavery or and security of person. servitude in all its forms Freedom from Torture and Right to Recognition as a Person before Degrading Treatment the Law No one shall be subjected to torture or Everyone has the right to recognition to cruel, inhuman or degrading everywhere as a person before the law. treatment or punishment.  HUMAN RIGHTS Right to Remedy by Competent Tribunal Right to Equality before the Law Everyone has the right to an effective remedy All are equal before the law and are by the competent national tribunals for acts entitled without any discrimination to violating the fundamental rights granted him by equal protection of the law. the constitution or by law. Freedom from Arbitrary Right to Fair Public Hearing Arrest and Exile Everyone is entitled in full equality to a No one shall be subjected to arbitrary fair and public hearing by an independent arrest, detention or exile. and impartial tribunal Right to be Considered Innocent until Proven Guilty Freedom from Interference with Everyone has the right to be presumed innocent until proved Privacy, Family, Home and guilty No one shall be held guilty of any penal offence for any act or Correspondence omission which did not constitute a penal offence at the time when it was committed. Nor shall a heavier penalty be imposed No one shall be subjected to arbitrary than the one that was applicable at the time the penal offence interference with his privacy, family, home or was committed. correspondence, nor to attacks upon his honor and reputation.  HUMAN RIGHTS Right to Free Movement in and out of the Right to Asylum in other Countries from Country Persecution Everyone has the right to freedom of movement and Everyone has the right to seek and to residence within the borders of each state. Everyone has the right to leave any country, including his own, enjoy in other countries asylum from and to return to his country. persecution.* Right to a Nationality and the Right to Marriage and Family Freedom to Change it Men and women of full age have the right to marry and Everyone has the right to a nationality. No one to found a family. Marriage shall be entered into only with the free and shall be arbitrarily deprived of his nationality full consent of the intending spouses. nor denied the right to change his nationality. The family is entitled to protection by society and the State. Right to Own Property Freedom of Belief and Religion Everyone has the right to own property Everyone has the right to freedom of thought, alone as well as in association with conscience and religion (includes freedom to change others. No one shall be arbitrarily his religion or, and freedom, either alone or in communitbeliefy with others and in public or private, deprived of his property. to manifest his religion or belief in teaching, practice, worship and observance.)  HUMAN RIGHTS Freedom of Opinion and Information Right of Peaceful Assembly and Association Everyone has the right to freedom of opinion Everyone has the right to freedom of peaceful and expression assembly and association. No one may be includes freedom to seek, receive and impart compelled to belong to an association. information and ideas through any media. Right to Participate in Government and in Right to Social Security Everyone has the right to social security and Free Elections is entitled to realization of the economic, Everyone has the right to take part in the government of social and cultural rights indispensable for his his country, directly or through freely chosen representatives. dignity and the free development of his The will of the people shall be the basis of the authority personality. of government Right to Desirable Work and to Join Right to Rest and Leisure Trade Unions Everyone has the right to work, to free choice of Everyone has the right to rest and leisure, employment, to just and favorable conditions of work including reasonable limitation of working and to protection against unemployment; equal pay for hours and periodic holidays with pay. equal work. Everyone who works has the right to just and favorable remuneration and to form and to join trade unions for the protection of their interests.  HUMAN RIGHTS Right to Adequate Living Standard Right to Education Everyone has the right to education. Everyone has the right to a standard of living adequate Education shall be free, at least in the for the health and well-being of himself and of his family and the right to security elementary and fundamental stages. All children, whether born in or out of wedlock, shall Parents have a prior right to choose the kind of enjoy the same social protection. education that shall be given to their children. Right to Participate in the Cultural Life of Right to a Social Order that Articulates this Community Document Everyone has the right freely to participate in the Everyone is entitled to a social and international cultural life of the community order in which the rights and freedoms set forth Everyone has the right to the protection of the moral in this Declaration can be fully realized. and material interests resulting from any scientific, literary or artistic production of which he is the author Freedom from State or Personal Community Duties Essential to Free and Interference in the above Rights Full Development Nothing in this Declaration may be interpreted as implying for Everyone has duties to the community in any State, group or person any right to engage in any activity which alone the free and full development or to perform any act aimed at the destruction of any of the of his personality is possible. rights and freedoms set forth herein. HISTORY The principles of human rights are ancient. These principles can be found in the most ancient of religions But the most significant landmark was the 1948 Universal Declaration of Human Rights, which is a statement of principles signed by member states of the UN The signing of the declaration was a reaction to the horrors of the two world wars, particularly World War II The traumas of the Hiroshima and Nagasaki bombings highlighted the urgency to unite to prevent more catastrophes. The UN committee chaired by US first lady Eleanor Roosevelt drafted the UDHR HISTORY First generation rights (1215) - civil and political rights, which are often referred to as negative rights because they clarify how individuals are protected by the State Second generation rights - rights of workers, socioeconomic rights, right of women, nondiscrimination Third generation rights (1980s) - cultural rights, right to development, environmental rights SYNCHRONOUS LECTURE 3 THE INTERNATIONAL HUMAN RIGHTS SYSTEM THE INTERNATIONAL HR SYSTEM UN Charter International Bill of Human Rights Core International Human Rights Instruments Additional International Human Rights Instruments UN Charter Bodies UN Treaty Bodies THE UN CHARTER The Charter of the United Nations is the founding document of the United Nations. It was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The United Nations can take action on a wide variety of issues due to its unique international character and the powers vested in its Charter, which is considered an international treaty. As such, the UN Charter is an instrument of international law, and UN Member States are bound by it. The UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations. THE UN CHARTER Article 55(c) states that the United Nations shall promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion." Article 56 provides that "[a]ll members pledge themselves to take joint and separate action in cooperation with the Organization [the UN] for the achievement and purposes set forth in Article 55." THE INTERNATIONAL BILL OF RIGHTS The Universal Declaration of Human Rights was adopted and proclaimed by the General Assembly as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among, the peoples of Member States themselves and among the peoples of territories under their jurisdiction. THE INTERNATIONAL BILL OF RIGHTS Universal Declaration of Human Rights Optional Protocol 1 and 2 International International Covenant on Covenant on Civil and Economic, Social, Political Rights and Cultural Rights THE INTERNATIONAL BILL OF RIGHTS Universal Declaration of Human Rights - adopted for the purpose of defining the "human rights" and "fundamental freedoms" referenced in Article 55(c) of the UN Charter, which all UN member states are obligated to observe and respect (not a legally binding instrument) International Covenant on Civil and Political Rights- a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. THE INTERNATIONAL BILL OF RIGHTS Optional Protocol 1: enables the Human Rights Committee, set up under that Covenant, to receive and consider communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant. Optional Protocol 2: commits its members to the abolition of the death penalty within their borders, though Article 2.1 allows parties to make a reservation allowing execution "in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime" THE INTERNATIONAL BILL OF RIGHTS International Covenant on Economic, Social, and Cultural Rights - a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. CORE INTERNATIONAL HR INSTRUMENTS International Convention on the Elimination of All Forms of Racial Committee on the Elimination of Discrimination Racial Discrimination (CERD) International Covenant on Civil and Political Rights (optional Human Rights Committee (HRC) protocols: individual complaint procedure; abolition of death penalty) International Covenant on Economic, Social, and Cultural Committee on Economic, Social, Rights (optional protocol: individual complaint procedure) and Cultural Rights (CESCR) Convention on the Elimination of All Forms of Discrimination Committee on the Elimination of Against Women (optional protocol: individual complaint Discrimination Against Women procedure) (CEDAW) Convention Against Torture and Other Cruel, Inhumane or Committee Against Torture (CAT) Degrading Treatment and Punishment (optional protocol: establishment of subcommittee on prevention & consent to Subcommittee on the Prevention of inspections) Torture (SPT) CORE INTERNATIONAL HR INSTRUMENTS Convention on the Rights of the Child (optional protocols: Committee on the Rights of the involvement of children in armed conflicts; sale of children, Child (CRC) prostitution, and pornography; individual complaints procedure) International Convention on the Protection of the Rights of Committee on Migrant Workers Migrant Workers and Members of Their Families (optional (CMW) protocol) Convention on the Rights of Persons with Disabilities (individual Committee on the Rights of Persons complaints procedure) with Disabilities (CRPD) International Convention for the Protection of All Persons From Committee on Enforced Enforced Disappearances Disappearances (CED) UN CHARTER BODIES Office of the High Commissioner for Human Rights (UN Secretariat)- provides research, technical expertise, and logistical support to facilitate the work of the Human Rights Council and other charter bodies. It also supports the work of the treaty bodies that monitor compliance with the UN's core human rights treaties. Human Rights Council - functions as an inter-governmental organization, and its decisions are based on majority voting. It is comprised of 47 UN member states elected by the General Assembly on a rotating basis. The HRC also is authorized to conduct on-site investigations and fact-finding missions, and to consider individual complaints ("communications") alleging gross and systematic violations of human rights by any member state. UN TREATY BODIES Each of the UN's nine core human rights treaties, as well as the Optional Protocol to the Convention Against Torture, has a corresponding mechanism, known as a treaty body, responsible for implementing the treaty and for monitoring the compliance of state parties with their obligations under the treaty. Each treaty body consists of a committee of independent experts, who are elected by the state parties. CORE INTERNATIONAL HR INSTRUMENTS International Convention on the Elimination of All Forms of Racial Committee on the Elimination of Discrimination Racial Discrimination (CERD) International Covenant on Civil and Political Rights (optional Human Rights Committee (HRC) protocols: individual complaint procedure; abolition of death penalty) International Covenant on Economic, Social, and Cultural Committee on Economic, Social, Rights (optional protocol: individual complaint procedure) and Cultural Rights (CESCR) Convention on the Elimination of All Forms of Discrimination Committee on the Elimination of Against Women (optional protocol: individual complaint Discrimination Against Women procedure) (CEDAW) Convention Against Torture and Other Cruel, Inhumane or Committee Against Torture (CAT) Degrading Treatment and Punishment (optional protocol: establishment of subcommittee on prevention & consent to Subcommittee on the Prevention of inspections) Torture (SPT) CORE INTERNATIONAL HR INSTRUMENTS Convention on the Rights of the Child (optional protocols: Committee on the Rights of the involvement of children in armed conflicts; sale of children, Child (CRC) prostitution, and pornography; individual complaints procedure) International Convention on the Protection of the Rights of Committee on Migrant Workers Migrant Workers and Members of Their Families (optional (CMW) protocol) Convention on the Rights of Persons with Disabilities (individual Committee on the Rights of Persons complaints procedure) with Disabilities (CRPD) International Convention for the Protection of All Persons From Committee on Enforced Enforced Disappearances Disappearances (CED) CHARTER VS. TREATY BODIES Treaty Body Charter Body Derives its authority from the provisions of a Derives its authority from the UN Charter particular treaty (or protocol thereto) The scope of its authority (mandate) is limited to The scope of its authority is general, as long as it the set of issues specified in the treaty (or in the concerns human rights relevant protocol thereto) Its authority to monitor compliance and to Its authority to monitor compliance and to consider individual complaints is limited to the consider individual complaints extends to all UN state parties that have ratified the treaty and any member states relevant protocols. Its decision-making is based on consensus Its decision-making is based on majority voting SYNCHRONOUS LECTURE 4 THE INTERNATIONAL HUMAN RIGHTS SYSTEM (continuation) THE KAREN VERTIDO CASE FACTS Executive Director of the Davao Chamber of Commerce and Industry On March 29, 1996, Vertido was raped by a certain JBC JBC offered to take two women-colleagues home. After dropping off the first woman, JBC grabbed Vertido’s breast and did not drop her home but was driven to a hotel. JBC dragged her to a hotel room Vertido locked herself in the bathroom. After a while, she tried to escape but JBC pinned him down and she lost consciousness THE KAREN VERTIDO CASE FACTS Vertido was raped unconscious Eventually, she regained consciousness and was able to free herself Vertido immediately underwent medico-legal examination within 24 hours and reported the to the police within 48 hours April 1, 1996: Filed a case but was dismissed by public prosecutors October 24, 1996: DOJ reversed the dismissal of the case by the prosecutors November 7, 1996: Information was filed and 80 days later, JBC was arrested 1997-2005: Trial (Reasons: Dilatory tactics, Three judges inhibited) THE KAREN VERTIDO CASE RULING OF THE RTC: NOT GUILTY Court did not understand why the author had not escaped when she allegedly appeared to have had so many opportunities to do so Should the author really have fought off the accused when she had regained consciousness and when he was raping her, the accused would have been unable to proceed to the point of ejaculation, in particular bearing in mind that he was already in his sixties THE KAREN VERTIDO CASE Next move: Vertido then filed a Petition with the Committee on the Elimination of Discrimination Against Women Why not appeal? Dismissals of criminal cases are not appealable Why not certiorari? Certiorari is only applicable if there is grave abuse of discretion amounting to lack or excess of jurisdiction. THE KAREN VERTIDO CASE VERTIDO’S ARGUMENTS IN THE CEDAW CASE Revictimization: the State party violated her right to non-discrimination and failed in its legal obligation to respect, protect, promote and fulfil that right. The RTC judge resorted to using GENDER-BASED MYTHS AND STEREOTYPES about rape THE KAREN VERTIDO CASE GENDER-BASED MYTHS AND STEREOTYPES That a rape victim must try to escape at every opportunity. To be raped by means of intimidation, the victim must be timid or easily cowed. To conclude that a rape occurred by means of threat, there must be clear evidence of a direct threat. The fact that the accused and the victim are “more than nodding acquaintances” makes the sex consensual When a rape victim reacts to the assault by resisting the attack and also by cowering in submission because of fear, it is problematic. The rape victim could not have resisted the sexual attack if the accused were able to proceed to ejaculation It is unbelievable that a man in his sixties would be capable of rape. THE KAREN VERTIDO CASE CEDAW DECISION The Committee is of the view that the State party has failed to fulfil its obligations and has thereby violated the rights of the author under article 2 (c) and (f), and article 5 (a) read in conjunction with article 1 of the Convention and general recommendation No. 19 of the Committee THE KAREN VERTIDO CASE CEDAW Decision Recommendations: For the author (Vertido): Provide appropriate compensation commensurate with the gravity of the violations of her rights General: Take effective measures to ensure that court proceedings involving rape allegations are pursued without undue delay Ensure that all legal procedures in cases involving crimes of rape and other sexual offenses are impartial and fair, and not affected by prejudices or stereotypical gender notions. To achieve this, a wide range of measures are needed, targeted at the legal system, to improve the judicial handling of rape cases, as well as training and education to change discriminatory attitudes towards women. ACTIVITY Identify a major human rights issue in the Philippines that relates to any of the nine core international human rights treaties (assume that the Philippines is a signatory to all of them). Make sure that the issue you choose is systemic or widespread or grave. Divide your group into two: the first sub-group will discuss the issue complained of and the other one will act as the treaty body and issue recommendations for the Philippines to follow. In a PPT presentation (5 slides max), summarize your complaint and the proposed recommendation, keeping in mind that you will report your output for a period of 10 minutes only (NO extensions). Indicate group members, reporters, and section in the title slide. Send a PDF version of the presentation via email. THE INTERNATIONAL CRIMINAL COURT Created in 1998 as a freestanding, permanent court having jurisdiction over genocide, war crimes, and crimes against humanity It is intended to act when national courts cannot or do not; it is a backup court. Founded by virtue of the Rome Statute Can try cases of individuals responsible for commission of crimes under international criminal law, including human rights violations REGIONAL HUMAN RIGHTS INSTITUTIONS Europe Convention for the Protection of Human Rights and Council of Europe Fundamental Freedoms Other treaties European Court of Human Rights Americas American Declaration of the Rights and Duties of Organization of American States Man Inter-American Commission on Human Rights American Convention on Human Rights Africa African Treaty on Human and Peoples’ Rights Organization of African Unity African Commission on Human and Peoples’ Rights African Court of Justice Others Islamic World: Cairo Declaration (non-binding) Organization of Islamic Cooperation Asia: Human Rights Charter (not binding) Asian Human Rights Commission (no legal authority over governments) Southeast Asia Intergovernmental Commission on Human Rights SYNCHRONOUS LECTURE 6 THE ROLE OF THE STATE IN HUMAN RIGHTS DUTY OF STATES Respect Protect Fulfill States must refrain from States must protect States must take positive interfering with or individuals and groups action to facilitate the curtailing the enjoyment enjoyment of basic human against human rights rights. of human rights. abuses. VULNERABLE SECTORS women and girls children refugees internally displaced persons stateless persons national minorities indigenous peoples migrant workers persons with disability elderly persons persons living with HIV/AIDS victims LGBTQIA+ people WOMEN AND GIRLS Historically, they are treated as the “weaker sex” and are discriminated against in various aspects of life (familial role, employment opportunities, pay for equal work done, access to education, reproductive rights, among others) They are also often the victims of various forms of domestic violence (physical, verbal, sexual, psychological, economic) and these are usually committed by their domestic partners. Societal misconceptions are perpetuated by the media, family, peers, and other sites of social interaction. WOMEN AND GIRLS CHILDREN The voices of children are often not heard or taken seriously enough. They cannot choose the social and physical environments in which they were born and grow up and are susceptible to disease and malnutrition. They are also vulnerable to various forms of abuse and exploitation (physical, sexual, psychological, among others) because they lack the necessary strength to defend themselves. CHILDREN INTERNALLY DISPLACED PERSONS/INFORMAL SETTLER FAMILIES Despite having the right to adequate living conditions, ISFs are deprived of these, hence, resort to occupying lands that are not theirs. Housing remains to be an elusive dream. They are susceptible to violent dispersals and displacement. INTERNALLY DISPLACED PERSONS/INFORMAL SETTLER FAMILIES STATELESS PERSONS Nationality and citizenship are fundamental elements of human security because they provide people with a sense of belonging and identity. They provide a legal basis for the exercise of many human rights. Persons without a nationality are in many countries denied numerous human rights that citizens take for granted, like access to schools and medical care, ownership of property, marriage and foundation of a family and enjoyment of legal protection. NATIONAL MINORITIES Frequently the most vulnerable persons in need of protection belong to groups/minorities that in one way or another distinguish themselves from the rest of society, e.g., by means of language, religion, ethnicity and culture. Throughout history minorities have suffered at the hands of oppressive majorities, enduring discrimination, land seizures, expulsion, forced assimilation and even genocide, and active repression by governments aiming at cultural unity has often resulted in loss of identity and culture. INDIGENOUS PEOPLES Indigenous peoples lack access to basic services by the government and have to rely on their land and resources to survive Like national minorities, they also suffer from discrimination, land seizures, expulsion or internal displacement, forced assimilation Red-tagging of IPs is a major concern MIGRANT WORKERS Migrants are at heightened risk of exploitation and abuse in the workplace due to deceptive recruitment practices, both by employers and intermediaries; frequent lack of social support systems; unfamiliarity with the local culture, language, their rights at work and national labour and migration laws; limited or denied access to legal and administrative systems; dependence on the job and employer due to migration-related debt, legal status, or employers restricting their freedom to leave the workplace; and reliance by family members on remittances sent back home by the migrant. MIGRANT WORKERS Migrants are at heightened risk of exploitation and abuse in the workplace due to deceptive recruitment practices, both by employers and intermediaries; frequent lack of social support systems; unfamiliarity with the local culture, language, their rights at work and national labour and migration laws; limited or denied access to legal and administrative systems; dependence on the job and employer due to migration-related debt, legal status, or employers restricting their freedom to leave the workplace; and reliance by family members on remittances sent back home by the migrant. MIGRANT WORKERS PERSONS WITH DISABILITY PWDs face discrimination in many areas, including employment, access to services, and in times of disaster. PWDs may have difficulty accessing services, such as education, transportation, facilities, and shelters. ELDERLY PERSONS The elderly are often faced with unique vulnerabilities related to health, economic stability, and technological changes. Older people who are isolated and do not have much contact with friends, family, or neighbors are more vulnerable to abuse. PLHIV/AIDS VICTIMS PLHIVs often face discrimination and stigmatization. PLHIVs may face barriers to accessing necessary treatment, care, and support. LGBTQIA+ PERSONS LGBTQ people face discrimination in many areas of life, including employment, healthcare, and education. They may also experience violence, harassment, cyberbullying, and threats. Many countries have laws that criminalize LGBTQ people based on their sexual orientation or gender identity. Due to society's tendency to discriminate against non-heterosexual sexual orientations and identities, members of the LGBT community are 3 times more likely to face mental health disorders. AFFIRMATIVE ACTION a set of procedures designed to; eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future. Temporary special measures to accelerate the achievement of equality in practice among peoples, and actions to modify social and cultural patterns that perpetuate discrimination