CLJ 101- HUMAN RIGHTS EDUCATION

NONILITO O.CARPIO
INSTRUCTOR

IF YOU KNOW YOU ARE RIGHT, USE YOUR RIGHTS

 HUMAN RIGHTS EDUCATION
History of Human Rights Education – In 1993 the World Conference on Human rights in Vienna
reaffirmed the importance of human rights education as essential for the promotion and achievement
of stable and harmonious relations among communities and for fostering mutual understanding,
tolerance and peace.

Defines Human Rights Education- It is a training of dissemination the information efforts aimed
at the building of a universal culture of human rights.
Human Rights Education in the Philippines
The teaching of human rights in Philippine schools is mandated by article II of the 1987
Philippine Constitution which states that all educational institutions shall inculcate patriotism
and nationalism, foster love of humanity and respect for human rights. This was further
reinforced by the issuance of executive order No. 27, s. 1987 entitled "Education to
Maximize Respect for Human Rights" following the peaceful EDSA revolution in 1986. These
mandates were the bases for the issuance of DECS Order No. 61, s. 1987 on the "Inclusion
of the study of human rights and accompanying responsibilities in the school curricula at all
levels. Since then, human rights concepts have been integrated in different subject areas
such as social studies, values education for elementary and secondary levels, and Political
Science and Practical Law for tertiary level.
Brief History of Biggening of Human Rights
Historical origin of human rights goes back to 539 B.C. when Cyrus, the great
(king of ancient Persia) conquered the city of Babylon, he freed all slaves to
return home and declared people to choose their own religion and even
maintained racial equality. The idea of human rights quickly spread from
Babylon to many nations especially India, Greece and eventually Rome where
the concept of natural law arose in observation of the fact that people tended
to follow certain unwritten laws in due course of life. There the concept of
“natural law” arose, in observation of the fact that people tended to follow
certain unwritten laws in the course of life, and Roman law was based on
rational ideas derived from the nature of things.
Significance Development of Human Rights
 Documents asserting individual rights, such as the Magna
Carta (1215)
 Petition of Right (1628)
 French Declaration of the Rights of Man and of the Citizen
(1789)
 US Bill of Rights (1791) are the written precursors to many of
today’s human rights documents
Definition Human Rights
United Nation Definition
 Human rights -Those rights which are inherent in our nature and without
which, we cannot live as human beings

Philippines
 Human rights - Human rights may be defined as the supreme, inherent and
inalienable rights to life, to dignity, and to self-development. It is the
essence of these rights that’s make man human. Human rights are
fundamental freedom which are necessary and indispensable in order to
enable every member of the human race to live a life of dignity.
International Bill of Rights
 The right to equality and freedom from discrimination
 The right to life, liberty, and personal security
 Freedom from torture and degrading treatment
 The right to equality before the law
 The right to a fair trial The right to privacy
 Freedom of belief and religion
 Freedom of opinion
 What are Human Rights

 It is difficult to stand up for what you believe in

 Human rights defined as those basic standards without which people cannot live in dignity
as human being
 Human rights are the foundation of freedom, justice and peace
 The foundation of human rights, such as respect for human life and human dignity can be
found in most religious and philosophies
 Human Rights are Birthright – Those rights which are inherent in our nature and without
which we cannot live as human being
 Source of Human Rights
The primary sources of Human rights are obviously the United
Nations Universal Declaration of Human Rights and the
various human rights documents and treaties that followed such as
those by, the Council of Europe, the Organization of American
States, the European Union.
Who Needs Human Rights Education
 Administrators of Justice
 Law enforcement personnel, including police and security forces
 Prison officials
 Lawyers, judges, and prosecutors -
 Other Government and Legislative Officials:
 Members of the legislature
 Public officials, elected and appointed
 Members of the military
 Other Professionals:
 Educators
 Social workers
 Health professionals
 Journalists and media representatives
Organizations, Associations, and Groups
 women’s organizations
 community activists and civic leaders
 minority groups
 members of the business community
 trade unionists
 indigenous peoples
 religious leaders and others with a special interest in social justice issues
 children and youth
 students at all levels of education
 refugees and displaced persons
 people of all sexual orientations
 poor people, whether in cities or rural areas
 people with disabilities
 migrant workers
Characteristics of Human Rights
 
 Human rights are generally characterized as inherent, fundamental, inalienable, impermissible,
indivisible, universal and interdependent.
 Human rights are inherent because they are not granted by any person or authority.
 Human rights are fundamental because without them the life and the dignity of man will be
meaningless.
 Human rights are imprescriptible because they cannot be lost even by the long period of time.
 Human rights are indivisible they are not capable of being divided.
 Human rights are universal to all human being irrespective of their origin status or condition or
place where they live.
 Human rights are interdependent because the fulfillment or exercise of one cannot be had
without the realization of other.
Classification of human Rights
 According to source
 Natural rights - Are God giving rights acknowledge by everybody to be morally
good. they are unwritten but they prevail as norms of the society. Example the
rights to life, dignity and self-development.
 Constitutionalrights - are those rights which are conferred and protected by
the constitution and which cannot be modified or taken by the law-making
body.
 Statutoryrights - are those rights which are provided by the law promulgated
by the law-making body and consequently may be abolished by the same body.
According to recipient
 Individual rights- are those rights being accorded to individual
 Collective rights - also called people rights or solidarity rights are rights of
society example. Peaceably assembly, right to peace, right development, right
to self-determination and right environment.
According to Aspect of life
 Civil rights are those rights which the law will enforce at the instance of private individual for the purposed
of securing to them enjoyment of their means of happiness. rights involuntary servitude and imprisonment
or none payment of debt,
 Political rights - are those rights which enable us to participate in running the affairs of the government
either indirect or direct. Example the right to vote and right to be voted.
 Economic and social rights - are those which the law confer upon the people to enable them to achieve
social and economic development and well-being happiness and financial security. Example rights to
property, education, and promotion to justice.
 Cultural rights - are those rights that ensure the well-being of the individual and foster the preservation,
enrichment, and dynamic evolution of national culture for free artistic and intellectual expression.
 According to struggle and recognition
 First generation of human rights - cover civil and political rights derives primarily from the 17th and 18th
centuries reformist theories e.g. Locke, hobes, are associated with the American, and French revolution. it
conceives of human rights more negative (free dooms from) than the positive (rights to) term favors the
abstention rather than the intervention of government in the exercise of freedom and in the quest for
humanity dignity.
 Second generation of human rights - cover economic, social and cultural rights which find their origin in the
socialist tradition it conceives of human more positive term
 Third generation of human rights - cover collective rights
According to struggle and recognition
 First generation of human rights - cover civil and political rights derives primarily from the 17 th and 18th
centuries reformist theories e.g. Locke, hobes, are associated with the American, and French revolution. it
conceives of human rights more negative (free dooms from) than the positive (rights to) term favors the
abstention rather than the intervention of government in the exercise of freedom and in the quest for humanity
dignity.
 Second generation of human rights - cover economic, social and cultural rights which find their origin in the
socialist tradition it conceives of human more positive term
 Third generation of human rights - cover collective rights

According to derogatory rights

 Non- derogatory rights or absolute rights are those that cannot be suspended nor taken away nor restricted,
limited even in the extreme emergency even government invokes national security. Among them the right to
be deprive of life arbitrary, the right of freedom from torture, recognized as a person, and the rights to freedom
from thought or conscience. Thus, the human rights which individual must enjoy is the right of the national
security, however. Some individual rights are not absolute or are derogable.
 Derogable or relative rights may be suspended or restricted or limited depending on the circumstances.
example: the right to freely move may be limited through the curfew. However, it should be valid. 1. It is
provided by law known to every citizen 2. State of emergency, preservation of public good, safety, and moral
3. It does not exceed what is strictly necessary to achieve the purposed.
Human and Legal Rights
There is some difference between moral or human rights and legal rights.
Legal rights require for their justification an existing system of law. Legal
rights are, roughly, what the law says they are, at least insofar as the law is
enforced. Legal rights gain their force first of all through legislation or
decree by a legally authorized authority. Those who support adoption of
laws establishing legal rights often appeal to a notion of human rights.
Laws against theft might appeal to notions of a moral right to own property.
But human or moral rights must gain their validity through some other
source other than legal rights, since people can appeal to human or moral
rights to criticize the law or advocate changes in the law (or legal rights),
and people could not do this if moral rights were based upon the law.
 
 Three Types of Legal Rights
1.Civil rights - are those rights which provide opportunity to each person to lead a
civilized social life. These fulfil basic needs of human life in society. Right to life,
liberty and equality are civil rights. Civil rights are protected by the state.
2.Political Rights - Political rights are those rights by virtue of which inhabitants get
a share in the political process. These allow them to take an active part in the
political process. These rights include right to vote, right to get elected, right to hold
public office and right to criticize and oppose the government. Political rights are
really available to the people in a democratic state.
3.Economic Rights - are those rights which provide economic security to the
people. These empower all citizens to make proper use of their civil and political
rights. The basic needs of every person are related to his food, clothing, shelter, and
medical treatment. Without the fulfilment of these no person can really enjoy his civil
and political rights. It is therefore essential, that every person must get the right to
work, right to adequate wages, right to leisure and rest, and right to social security
in case of illness, physical disability and old age.
 Other Source of Human Rights

European Convention of Human Rights – No Punishment without legislation

Clearly states that no one can be found guilty of a criminal offence if what
he/she did was not an offence at the time when such offence was committed.
Therefore, this Article prevents Parliament from enacting retroactive laws.
European Convention of Human Rights – The Right to Life is one of the most
important fundamental rights which a state should not deprive you of except in
those very limited circumstances. Besides prohibiting a state from taking your
life, Article 2 of the European Convention of Human Rights requires that a
state should protect your right to life by having in place proper and adequate
criminal sanctions to penalize those persons who take your life intentionally.
The failure by a state to properly investigate/ prosecute a suspected murder
 Main features of Rights
1.Rights exist only in society. These are the products of social living.
2.Rights are claims of the individuals for their development in society.
3.Rights are recognized by the society as common claims of all the people.
4.Rights are rational and moral claims that the people make on their society.
5.Since rights are here only in society, these cannot be exercised against the society.
6.Rights are to be exercised by the people for their development which really means
7.Development in society by the promotion of social good. Rights can never be exercised against
social good.
8.Rights are equally available to all the people.
The contents of rights keep on changing with the passage of time.
9.Rights are not absolute. These always bear limitations deemed essential for maintaining public
health, security, order and morality.
10.Rights are inseparably related with duties. There is a close relationship between them “No Duties
No Rights. No Rights No Duties.” “If I have rights it is my duty to respect the rights of others in
society”.
11.Rights need enforcement and only then these can be really used by the people. These are
protected and enforced by the laws of the state. It is the duty of a state to protect the rights of the
people.
 Philippines Bill of Rights
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination 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 seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress
of grievances.
Section 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be
recognized. 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 citizen, subject to such
limitations as may be provided by law.
Section 8. The 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.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.
Section 12. (1) 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. These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion
Perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.
(2) 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. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs
and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for
it. Any death penalty already imposed shall be reduced to reclusion Perpetua.
(2) The employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted
 Republic Act No. 7438
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to have competent and independent counsel, preferably
of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or
under custodial investigation. If such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the investigating officer. lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that
before such report is signed, or thumb marked if the person arrested or detained does not know how to read
and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided
by the investigating officer in the language or dialect known to such arrested or detained person, otherwise,
such investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be
in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid
waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor,
the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise,
such extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of
the Revised Penal Code, or under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel; otherwise the waiver shall be
null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by any member of his immediate
family or by his counsel, or by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any international non-
governmental organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the "inviting" officer
for any violation of law.
Why Miranda Rights Called Miranda Rights

Miranda Rights are named after the landmark US Supreme

Court case Miranda v. Arizona. The Justices ruled that the
statements Miranda made to the police could not be used as
evidence against him because he had not been advised of
his Constitutional rights.
 Rights to Suffrage Article V

Section1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided
in the Philippines for at least one year and in the place wherein they propose to vote
for at least six months immediately preceding the election. No literacy, property, or
other substantive requirement shall be imposed on the exercise of suffrage.
Section 2. The Congress shall provide a system for securing the secrecy and sanctity
of the ballot as well as a system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections may promulgate to
protect the secrecy of the ballot.
The democratic rights- human rights are also categorize as democratic rights, are
commonly exercised in a democratic state such as to vote and participate the
government affairs.
 Magna Carta of Women (Republic Act No. 9710)

Any gender-based distinction, exclusion, or restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of
their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field;
• any act or omission, including by law, policy, administrative measure, or practice, that
directly or indirectly excludes or restricts women in the recognition and promotion of
their rights and their access to and enjoyment of opportunities, benefits, or privileges;
• a measure or practice of general application that fails to provide for mechanisms to
offset or address sex or gender-based disadvantages or limitations of women, as a
result of which women are denied or restricted in the recognition and protection of their
rights and in their access to and enjoyment of opportunities, benefits, or privileges; or
women, more than men are shown to have suffered the greater adverse effects of those
measures or practices; and
• discrimination compounded by or intersecting with other grounds, status, or condition,
such as ethnicity, age, poverty, or religion.
The Magna Carta of Women also spells out every Woman’s Right to: 
Protection from all forms of violence
Protection and security in times of disaster, calamities and other crisis  
Participation and representation, including undertaking temporary special measures and affirmative actions to accelerate
and ensure women's equitable participation and representation in the third level civil service
Equal treatment before the law, including the State's review and when necessary amendment or repeal of existing laws
that are discriminatory to women; 
Equal access and elimination of discrimination against women in education, scholarships and training
Equal participation in sports
Non-discrimination in employment in the field of military, police and other similar services.
Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the general
public in recognizing the dignity of women and the role and contribution of women in family, community, and the society
through the strategic use of mass media
Comprehensive health services and health information and education covering all stages of  a woman's life cycle, and
which addresses the major causes of women's mortality and morbidity, including access to among others,  maternal care,
responsible, ethical, legal, safe and effective methods of family planning, and 
Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees who
undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate
employment service of at least six (6) months for the last twelve (12) months; 
Equal rights in all matters relating to marriage and family relations

 
The Magna Carta of Women also guarantees the civil, political and economic rights of women in the marginalized
sectors, particularly their right to: 
 Food security and resources for food production, including equal rights in the titling of the land and issuance of
stewardship contracts and patents; 
 Localized, accessible, secure and affordable housing;  
 Employment, livelihood, credit, capital and technology;  
 Skills training, scholarships, especially in research and development aimed towards women friendly farm technology;  
 Representation and participation in policy-making or decisionmaking bodies in the regional, national, and international
levels;  
 Access to information regarding policies on women, including programs, projects and funding outlays that affect them;  
 Social protection;
 Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are
not discriminatory to women; 
 Inclusion in discussions on peace and development 
 Services and interventions for women in especially difficult circumstances or WEDC;  
 Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills development;
and 
 Protection of women senior citizens. 
 REPUBLIC ACT NO. 9262

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence"- refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is
not limited to: a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to
watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
b) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other
harm or threat of physical or other harm or coercion; c) Prostituting the woman or child.
C. "Psychological violence"- refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim
such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal
abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of
a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets
or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse"- refers to acts that make or attempt to make a woman financially dependent which includes, but is not
limited to the following: 1. Withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community
or property owned in common;
3. Destroying household property;
4. Controlling the victims' own money or properties or solely controlling the conjugal money or properties.
0 "Battery"- refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress.
(c) "Battered Woman Syndrome"- refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.
(d) "Stalking"- refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.
(e) "Dating relationship"- refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a business or social context is not a
dating relationship.
(f) "Sexual relations"- refers to a single sexual act which may or may not result in the bearing of a common child.
(g) "Safe place or shelter"- refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for
the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.
(h) "Children"- refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.
Sec. 4. Construction. - This Act shall be liberally construed to promote the protection and safety of victims of
violence against women and their children
Sec. 5. Acts of Violence Against Women and Their Children. - The crime of
violence against women and their children is committed through any of the
following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm
(c) Attempting to cause the woman or her child physical harm
(d) Placing the woman or her child in fear of imminent physical harm
(e)Threatening to deprive or actually depriving the woman or her child of custody
to her/his family
(f) Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties. (f) Inflicting or
threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or
properties. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include, but not
be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or
her child; and
(5) Engaging in any form of harassment or violence.
Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of
minor children of access to the woman's child/children.
R.A -Indigenous Peoples Rights Act
SEC. 4. Concept of Ancestral Lands/Domains. - Ancestral lands/ domains shall include such concepts of
territories which cover not only the physical environment but the total environment including the spiritual and
cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have claims of
ownership.
SEC. 5. Indigenous Concept of Ownership. - Indigenous concept of ownership sustains the view that ancestral
domains and all resources found therein shall serve as the material bases of their cultural integrity
SEC. 6. Composition of Ancestral Lands/Domains
a. Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of
ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or
individually since time immemorial, continuously to the present except when interrupted by war.
b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the ICCs/IPs since time immemorial.
SEC. 7. Rights to Ancestral Domains.
a. Right of Ownership-The right to claim ownership over lands, bodies of water traditionally and actually
occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds
b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to develop, control and
use lands and territories traditionally occupied, owned, or used
SEC. 8. Rights to Ancestral Lands. - The right of ownership and possession of the ICCs /IPs to their ancestral
lands shall be recognized and protected.
SEC. 9. Responsibilities of ICCs/IPs to their`4ncestral Domains. -ICCs/IPs occupying a duly certified ancestral
domain shall have the following responsibilities
SEC. 11. Recognition of Ancestral Domain Rights. - The rights of ICCs/IPs to their ancestral domains by virtue of
Native Title shall be recognized and respected.
SEC. 13. Self-Governance. - The State recognizes the inherent right of ICCs/IPs to self-governance and self-
determination and respects the integrity of their values, practices and institutions. Consequently, the State shall
guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.
SEC. 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes. - The ICCs/IPs shall
have the right to use their own commonly accepted justice systems, conflict resolution institutions
SEC. 17. Right to Determine and Decide Priorities for Development. - The ICCs/IPs shall have the right to
determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well-
being, and the lands they own, occupy or use.
SEC. 21. Equal Protection and Non-discrimination of ICCs/lPs. -Consistent with the equal protection clause of the
Constitution of the Republic of the Philippines, the Charter of the United Nations, the Universal Declaration of
Human Rights including the Convention on the Elimination of Discrimination Against Women and International
Human Rights Law, the State shall, with due recognition of their distinct characteristics and identity accord to the
members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the citizenry. It shall extend to
them the same employment rights, opportunities, basic services, educational and other rights and privileges
available to every member of the society. Accordingly, the State shall likewise ensure that the employment of any
form of force or coercion against ICCs/IPs shall be dealt with by law
SEC. 22. Rights during Armed Conflict. - ICCs/IPs have the right to special protection and security in periods
of armed conflict
SEC. 29. Protection of Indigenous Culture, Traditions and Institutions. - The State shall respect, recognize
and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall
consider these rights in the formulation and application of national plans and policies.
SEC. 30. Educational Systems. - The State shall provide equal access to various cultural opportunities to the
ICCs/IPs through the educational system, public or private cultural entities, scholarships, grants and other
incentives without prejudice to their right to establish and control their educational systems and institutions
by providing education in their own language, in a manner appropriate to their cultural methods of teaching
and learning. Indigenous children/youth shall have the right to all levels and forms of education of the State.
SEC. 32. Community Intellectual Rights. - ICCs/IPs have the right to practice and revitalize their own cultural
traditions and customs. The State shall presence, protect and develop the past, present and future
manifestations of their cultures as well as the right to the restitution of cultural, intellectual religious, and
spiritual property taken without their free and prior informed consent or in violation of their laws, traditions
and customs.
SEC. 37. Funds for Archeological and Historical Sites. - The ICCs/ IPs shall have the right to receive from
the national government all funds especially earmarked or allocated for the management and preservation
of their archeological and historical sites and artifacts with the financial and technical support of the national
government agencies
SEC. 57. Natural Resources within Ancestral Domains. - The ICCs/ IPs shall have priority rights in
the harvesting, extraction, development or exploitation of any natural resources within the ancestral
domains
SEC. 60. Exemption from Taxes. - All lands certified to be ancestral domains shall be exempt from
real property taxes, special levies, end other forms of exaction except such portion of the ancestral
domains as are actually used for large-scale agriculture, commercial forest plantation and residential
purposes or upon titling by private persons
SEC. 62. Resolution of Conflicts. - In cases of conflicting interest, where there are adverse claims
within the ancestral domains as delineated in the survey plan, and which can not be resolved, the
NCIP shall hear and decide
SEC. 65. Primacy of Customary Laws and Practices. - When disputes involve ICCs/IPs, customary
laws and practices shall be used to resolve the dispute.
SEC. 66. Jurisdiction of the NClP. - The NCIP, through its regional offices, shall have jurisdiction over
all claims and disputes involving rights of ICCs/IPs: Provided, however, That no such dispute shall be
brought to the NCIP unless the parties have exhausted all remedies provided under their customary
laws. For this purpose, a certification shall be issued by the Council of Elders/Leaders who
participated in the attempt to settle the dispute
Causes of Human Rights Violation
1.Government Behavior and Structure
2. Armed Conflict
3. Economic Factors and;
4.Psychological Factors.
Common Human Rights Violation
 Unlawful or arbitrary killings by security forces
 Vigilantes, and others allegedly connected to the government
 Insurgents
 Forced disappearance
 Torture
 Arbitrary detention
 Harsh and life-threatening prison conditions
 Political prisoners
 Arbitrary or unlawful interference with 
Legal Security Protection of Person

A writ of Habeas Corpus - (which literally means to "produce the body") is a

court order demanding that a public official (such as a warden) deliver an
imprisoned individual to the court and show a valid reason for that person's
detention. The procedure provides a means for prison inmates, or others acting
on their behalf, to dispute the legal basis for confinement. Habeas corpus has
deep roots in English common law.

Writ of Amparo - Is a remedy available to any person whose right to life, liberty,
and security has been violated or is threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity. The
writ covers extralegal killings and enforced disappearances or threats thereof
 Commission on Human Rights
Is an independent constitutional office created under the 1987
Constitution of the Philippines, with the primary function of investigating all forms of
human rights violations involving civil and political rights in the Philippines.[3]
The Commission is composed of a Chairperson and four members. Commissioners hold
a term of office of seven years without reappointment. The Philippine Constitution requires
that a majority of the Commission’s members must be lawyers. As a
National Human Rights Institution, the Commission enjoys Status A accreditation by the
International Coordinating Committee of National Institutions for the Promotion and Protec
tion of Human Rights
After the ratification of the 1987 Philippine Constitution on February 2, 1987, which
provides for the establishment of a Commission on Human Rights, President
Corazon Aquino, signed Executive Order No. 163 on May 5, 1987, creating the
Commission on Human Rights and abolished the Presidential Committee on Human
Rights. [5] The Commission was created as an independent office mandated to investigate
complaints of human rights violations, promote the protection of, respect for and the
enhancements of the people's human rights including civil and political rights. begging
 CHR Powers and Functions

 Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political
rights
 Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance
with the Rules of Court
 Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as
Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose
human rights have been violated or need protection
 Exercise visitorial powers over jails, prisons, or detention facilities
 Establish a continuing program of research, education, and information to enhance respect for the primacy of human
rights
 Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of
violations of human rights, or their families;
 Monitor the Philippine Government's compliance with international treaty obligations on human rights
 Grantimmunity from prosecution to any person whose testimony or whose possession of documents or other
evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;
 Request the assistance of any department, bureau, office, or agency in the performance of its functions
 Appoint its officers and employees in accordance with law
 Perform such other duties and functions as may be provided by law[15]
A writ of habeas corpus - (which literally means to "produce the body") is a
court order demanding that a public official (such as a warden) deliver an
imprisoned individual to the court and show a valid reason for that person's
detention. The procedure provides a means for prison inmates, or others
acting on their behalf, to dispute the legal basis for confinement. Habeas
corpus has deep roots in English common law.

writ of amparo - Is a remedy available to any person whose right to life,

liberty, and security has been violated or is threatened with violation by an
unlawful act or omission of a public official or employee, or of a private
individual or entity. The writ covers extralegal killings and enforced
disappearances or threats thereof
References
Dela Cruz, J.M., Lawyer and Florendo, A.M., PNP(Ret) Understanding Human
Rights and International Humanitarian Law.
Coquia, J.R., (2000) Human Rights an Introductory Course.
Article 3 bill of rights
Republic Act No. 7438
Republic Act 9262
https://psa.gov.ph/content/q-magna-carta-women-republic-act-no-9710