UNIVERSAL DECLARATION OF HUMAN RIGHTS

Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as
the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the rule of
law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United
Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance
for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN
RIGHTS 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.

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defense.

(2) No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the
time when it was committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each
state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have
the right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself
and his family an existence worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible to
all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the
arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations
as are determined by law solely for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just requirements of morality, public order
and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the
rights and freedoms set forth herein.

What are Human Rights?

They are Universal legal guarantees;

They are Civil, Political, Economic, Social and Cultural;
They Protect Human Values (freedom, equality, dignity);
They are Inherent to individuals and, to some extent, groups;
They are Reflected in international norms and standards;
They are Legally binding on States.

In a nutshell:

1. Human Rights belong to everyone and they cant be taken away from marginalised
individuals;
2. Are about the relationship between the state and individuals;
3. Provide a floor, not a ceiling, of basic standards, below which the state must not fall and
which it must protect or fulfil.
4. KEY PRINCIPLES:
a. Fairness
b. Respect
c. Equality
d. Dignity

HUMAN RIGHTS
Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are
all equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of treaties,
customary international law , general principles and other sources of international law.
International human rights law lays down obligations of Governments to act in certain ways or
to refrain from certain acts, in order to promote and protect human rights and fundamental
freedoms of individuals or groups.

Universal and inalienable

The principle of universality of human rights is the cornerstone of international human rights
law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948,
has been reiterated in numerous international human rights conventions, declarations, and
resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is
the duty of States to promote and protect all human rights and fundamental freedoms,
regardless of their political, economic and cultural systems.
All States have ratified at least one, and 80% of States have ratified four or more, of the core
human rights treaties, reflecting consent of States which creates legal obligations for them and
giving concrete expression to universality. Some fundamental human rights norms enjoy
universal protection by customary international law across all boundaries and civilizations.
Human rights are inalienable. They should not be taken away, except in specific situations and
according to due process. For example, the right to liberty may be restricted if a person is found
guilty of a crime by a court of law.

Interdependent and indivisible

All human rights are indivisible, whether they are civil and political rights, such as the right to
life, equality before the law and freedom of expression; economic, social and cultural rights,
such as the rights to work, social security and education, or collective rights, such as the rights
to development and self-determination, are indivisible, interrelated and interdependent. The
improvement of one right facilitates advancement of the others. Likewise, the deprivation of
one right adversely affects the others.

Equal and non-discriminatory

Non-discrimination is a cross-cutting principle in international human rights law. The principle is

present in all the major human rights treaties and provides the central theme of some of
international human rights conventions such as the International Convention on the Elimination
of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of
Discrimination against Women.
The principle applies to everyone in relation to all human rights and freedoms and it prohibits
discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so
on. The principle of non-discrimination is complemented by the principle of equality, as stated
in Article 1 of the Universal Declaration of Human Rights: All human beings are born free and
equal in dignity and rights.

Both Rights and Obligations

Human rights entail both rights and obligations. States assume obligations and duties under
international law to respect, to protect and to fulfill human rights. The obligation to respect
means that States must refrain from interfering with or curtailing the enjoyment of human
rights. The obligation to protect requires States to protect individuals and groups against
human rights abuses. The obligation to fulfill means that States must take positive action to
facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our
human rights, we should also respect the human rights of others.
(Source: http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx)

Forms of Human Rights

Right to life

It is the constitutional protection of the right to life is not just a protection of the right to be
alive or to security of ones limb against any form of physical harm; it extends the right to a
good life.

Right to liberty

Liberty is freedom to do right and never wrong.ever guided by reason and the upright and
honorable conscience of man.

1. Liberty of Abode and Travel;

2. Freedom of Religion;

3. Freedom of Expression;
 4. Right against involuntary servitude and freedom from slavery;

5. Right to suffrage;

6. Right to marry and found a family;

7. Rights against unreasonable searches and seizures.

Right to Property

Anything that can make under the right of ownership and be the subject of contract:

Personal Limited only to possession of which are lawful, and must be within the commerce of
man.

Real Limited by the States power of eminent domain.

CLASSIFICATION OF HUMAN RIGHTS

According to Sources

Natural Rights are God-given rights, acknowledged by everybody to be morally good. They
are unwritten but they prevail as norms of the society.

Example: Right to life, dignity and self-development.

Constitutional rights are those which are conferred and protected by the Constitution.

Statutory rights are those rights which are provided by law promulgated by the law making
body.

According to Recipient

Individual rights are those rights being accorded to individuals.

Collective rights also called to peoples rights or solidarity rights are right of the society,
those that can be enjoyed only in company with others.

Example: Right to peaceably assemble, right to peace, right to development, right to self-
determination, and right to environment.

According to aspect of life

Civil rights are those rights which the law will enforce at the instance of private individuals for
the purpose of securing to them the enjoyment of their means of happiness.

Example: Right against involuntary servitude and imprisonment for non-payment of debt or a
poll tax, the constitutional rights of the accused, ECOSOC rights, right to form association,
freedom of speech and expression. However, they partake of the nature of political rights when
they are utilized as a means to participate in the government.

Political rights are those rights which enable us to participate in running the affairs of the
government either directly or indirectly.

Example: Right to vote, right to information on matters of public concern, and the right to
initiative and referendum.
Economic and social rights are those which the law confers upon the people to enable them
to achieve social and economic development, thereby ensuring them their well-being,
happiness and financial security.

Example: Right to property, education and promotion of social 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 based on the principle of
unity in diversity in a climate of free artistic and intellectual expression.

According to struggle and recognition

First Generation Rights covers civil and political rights which derive primarily from the 7th and
8th centurys reformist theories. It conceives of human rights more in the negative (freedom
from) than positive rights (rights to) terms; it favors the abstention rather than the
intervention of government in the exercise of freedoms and in the quest for human dignity.

Second Generation rights covers economic, social and cultural rights which finds their origin
primarily in the socialist tradition and have been variously promoted by revolutionary struggles
and welfare movements. It conceives human rights more in positive terms.

Example: right to education They are fundamental claims to social equality.

Third Generation rights covers collective rights. Example is the right to development or
healthy environment.

According to its Derogability

Non-derogable or absolute rights those that cannot be suspended nor taken away nor
restricted/limited even in extreme emergency or even if the government invokes national
emergency.

Example: Freedom from torture, right not to be deprive of life arbitrarily, right to be recognized
as person and freedom of thought or conscience.

Derogable rights or relative rights may be suspended or restricted or limited depending on

the circumstances which call for the preservation of social life.

Example: right to freely move may be limited through the imposition of curfew.

Human Rights Principles

1. Accountability The authority of government is based on the will and consent of the
people. Thus, it must be answerable to those it governs and responsible for all its
decisions and actions.

2. Attention to vulnerable groups The state has the obligation to create and maintain
adequate measures at the national level, in the fields of education, health and social
support, for the promotion of the rights of the persons in vulnerable sectors and to
ensure their participation. Among the vulnerable groups are the children, women,
prisoners, senior citizens, indigenous peoples, handicapped or differently- abled
persons.

3. Empowerment - The people has the power to act for and on their behalf to claim their
rights.
4. Equality All persons should enjoy all human rights on an equal basis and in their
totality. Equality demands that women and men equally enjoy and exercise all
fundamental rights and freedoms.

5. Equity In the guarantee of fundamental rights and freedoms, equity is fairness, justice
and impartiality. Equity demands that the poor should not be disproportionately
burdened.

6. Good governance Good governance has the following characteristics:

Participatory;

Consensus oriented;

Accountable;

Transparent;

Responsive;

Effective and efficient;

Equitable and inclusive;

Follows the Rule of the Law.

7. Independence of the Judiciary The judiciary as the final arbiter of all disputes that
may arise from the exercise of human rights has the following crucial role:

Protecting human rights;

Respecting human rights;

Fulfilling human rights.

8. Legislative capacity - Human rights standards must be guaranteed by law. The

legislature must enact laws that aim always and only to uphold the inherent dignity of
every person.

9. Non-discrimination All persons are entitled to human rights, without distinction of any
kind, exclusion, restriction or preference based on race, color, gender, language,
disability, age, religion, political or other opinion, national or social origin, property,
birth, other status.

10. Peoples participation People directly, or through their advocates, individually and/or
collectively through organizations must participate in and direct the course of
development aimed at strengthening their claims to a realization of human rights.
Participation is more than merely consulting people.

11. Transparency People must be able to see openly into all activities of government.
Transparency involves full, free and public disclosure of decisions, policies, rules, etc.
Information must be freely available and directly accessible to those who will be
affected by public decision and enforcement. Transparency dictates a high standard of
the quality of information disclosed in terms of content, clarity, accessibility and data
disclosed.

Traditionally, it is the state which has the primary responsibility to respect, protect and
fulfill human rights. At present, also Non-State Actors can be held accountable for human rights
violations.
 Human Rights Obligations

State Obligations

Duty to Respect

Requires the state to abstain from doing anything that violates the integrity of the
individual or infringes on the individuals freedom;
Forbids the state to act in any way that directly or indirectly encroaches upon
recognized rights and freedoms;
In essence, it is a prohibition against state interference;
Must ensure that all state bodies do not violate human rights.

Duty to Protect

Compels the state to take steps to prohibit others from violating recognized rights and
freedoms;
Binds the state from taking any measures that would erode the legal and practical status
of human rights, and imposes upon states the duty to act to preclude further
deprivation;
Places sufficient legal and policy emphasis on the full realization of human rights
through a series of active measures, including the guarantee of access to legal remedies
for any infringement caused by a third party.

Duty to Fulfill

Obligation to Facilitate

- requires the state to actively create conditions aimed at achieving full realization
of human rights;
- Requires States to take appropriate legislative, administrative, budgetary, judicial
and other measures towards the full realization of human rights.

Obligation to Provide

- When individuals or groups are unable to realize their rights by the means at
their disposal, for reasons beyond their control, the state has the obligation to
provide the right in question.

Key Messages:

1. Human rights are the basic rights and freedoms that belong to every person in the
world.

2. The State bears the main obligation to respect, protect and ensure human rights
guarantees under international law.

3. To confront, remedy and prevent the most serious human rights violations in terms of
civil and political rights, as well as to uphold, protect and promote the full scope of
human rights and fundamental freedoms , respect for human rights must adhere to and
be bound by the principles and standards embodied in international instruments on
human rights.
RA 7438

An act defining certain rights of person arrested, detained or under custodial investigation as
well as the duties of the arresting, detaining and investigating officers, and providing
penalties for violations thereof

Section 1. Statement of Policy It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights.

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.lawphi1

(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, fianc or
fiance, 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.
R.A. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT
OR PUNISHMENT

Salient features

Section 2. Statement of Policy - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human
rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and
prisoners are respected at all times; and that no person placed under investigation or
held in custody of any person in authority or, agent of a person authority shall be
subjected to physical, psychological or mental harm, force, violence, threat or
intimidation or any act that impairs his/her free wi11 or in any manner demeans or
degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar
forms of detention, where torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various
international instruments to which the Philippines is a State party such as, but not
limited to, the International Covenant on Civil and Political Rights (ICCPR), the
Convention on the Rights of the Child (CRC), the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDA W) and the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all other
relevant international human rights instruments to which the Philippines is a signatory.

Section 3. Definitions - For purposes of this Act, the following terms shall mean:

a. "Torture"
Refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a
third person information or a confession; punishing him/her for an act he/she or a third
person has committed or is suspected of having committed; or intimidating or coercing
him/her or a third person; or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority. It does not
include pain or Buffering arising only from, inherent in or incidental to lawful sanctions.

b. "Other cruel, inhuman and degrading treatment or punishment"

Refers to a deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against a person under his/her custody, which attains a level of severity causing
suffering, gross humiliation or debasement to the latter.

c. "Victim"
Refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment as defined above and any individual who has suffered harm as
a result of any act(s) of torture, or other cruel, inhuman and degrading treatment or
punishment.

d. "Order of Battle"
Refers to any document or determination made by the military, police or any law
enforcement agency of the government, listing the names of persons and organizations
 that it perceives to be enemies of the State and that it considers as legitimate targets as
combatants that it could deal with, through the use of means allowed by domestic and
international law.

Section 4. Acts of Torture - For purposes of this Act, torture shall include, but not be limited to,
the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in

authority or agent of a person in authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such
as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon

or rifle butt or other similar objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the
rubbing of pepper or other chemical substances on mucous membranes, or acids
or spices directly on the wound(s);

(5) The submersion of the head in water or water polluted with excrement,
urine, vomit and/or blood until the brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point
of asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory. alertness
or will of a person, such as:

(i) The administration or drugs to induce confession and/or reduce mental

competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease;
and

(14) Other analogous acts of physical torture; and

 (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or
agent of a person in authority which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or

other wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public humiliation of
a detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place
to another, creating the belief that he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the person's family, relatives
or any third party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in
public places, shaving the victim's head or putting marks on his/her body against
his/her will;

(11) Deliberately prohibiting the victim to communicate with any member of

his/her family; and

(12) Other analogous acts of mental/psychological torture.

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment

Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and

aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a
person in authority or agent of a person in authority against another person in custody, which
attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the
latter. The assessment of the level of severity shall depend on all the circumstances of the case,
including the duration of the treatment or punishment, its physical and mental effects and, in
some cases, the sex, religion, age and state of health of the victim.

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, an Absolute Bight

Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts shall
apply to all circumstances. A state of war or a threat of war, internal political instability, or any
other public emergency, or a document or any determination comprising an "order of battle"
shall not and can never be invoked as a justification for torture and other cruel, inhuman and
degrading treatment or punishment.
RA 9710

Magna Carta of Women

The MCW is a comprehensive women's human rights law that seeks to eliminate discrimination
through the recognition, protection, fulfillment and promotion of the rights of Filipino women,
especially those belonging in the marginalized sectors of the society. It conveys a framework of
rights for women based directly on international law.

The MCW establishes the Philippine governments pledge of commitment to the Convention on
the Elimination of All Forms of Discrimination against Women's (CEDAW) Committee in its 36th
Session in 2006 and to the UN Human Rights Council on its first Universal Periodic Review in
2009. It is the local translation of the provisions of the CEDAW, particularly in defining gender
discrimination, state obligations, substantive equality, and temporary special measures. It also
recognizes human rights guaranteed by the international Covenant on Economic, Social and
Cultural Rights (ICESCR).

Salient features of the law include:

Increasing the number of women in third level positions in government to achieve a fifty-
fifty (50-50) gender balance within the next five years while the composition of women in
all levels of development planning and program implementation will be at least 40
percent;

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;

Non-discrimination in employment in the field of military, police and other similar

services that include according the same promotional privileges and opportunities as
their men counterpart, including pay increases, additional benefits, and awards, based on
competency and quality of performance.

Provision for equal access and elimination of discrimination in education, scholarships,

and training. Thus, "expulsion, non-readmission, prohibiting enrollment, and other
related discrimination of women students and faculty due to pregnancy out of marriage
shall be outlawed.

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;

Equal status given to men and women on the titling of the land and issuance of
stewardship contracts and patents.

In addition to guaranteeing substantive rights, the MCW establishes the responsibility of the
government to take actions in order to end discrimination against women. It provides that the
Philippines government must "ensure the substantive equality of men and women" and
mandates the State to take steps to review, amend or repeal existing laws that are
discriminatory towards women.

The Government, in its entirety, shall fulfill these duties through the development and
implementation of laws, policies, regulatory instruments, administrative guidelines, and other
appropriate measures. It shall also establish mechanisms to promote the coherent and
integrated implementation of the MCW and other related laws and policies to effectively stop
discrimination against Filipino women.

The MCW mandates all government offices, including government-owned and controlled
corporations and local government units to adopt gender mainstreaming as a strategy for
implementing the law and attaining its objectives. It also mandates (a) planning, budgeting,
monitoring and evaluation for gender and development, (b) the creation and/or strengthening
of gender and development focal points, and (c) the generation and maintenance of gender
statistics and sex-disaggregated databases to aid in planning, programming and policy
formulation.

National Recognition

The Philippine Constitution recognized the vital role of women in nation building and
ensures the fundamental equality of men and women before the law.
The Women in Development and Nation Building Act gave women equal rights in all
contractual relationship with men, practice of profession, entrance to military schools,
memberships in clubs and organizations and family decisions.
RA 8171 provided for the repatriation of Filipino women who have lost their citizenship by
marriage to aliens.
RA 7882 provided for assistance to women engaged in micro and cottage business
enterprises.
RA 8353 provided for the expansion of the definition of the crime of rape, reclassified the
same as a crime against persons.
RA 7655 provided for an increase in the minimum wage of house helpers.
RA 6955 declared unlawful the practice of matching Filipino women for marriage to foreign
nationals on a mail order basis and other similar practices.
RA 6972 established a Day Care Center in every barangay.
RA 7610 strengthened protection for Filipino children against child abuse.
RA 9262 provides immediate protection to women or their children who are victims of
violence and punished the perpetrator.

The Magna Carta of Women also spells out every womans right to:

Protection from all forms of violence, including those committed by the State -

This includes the incremental increase in the recruitment and training of women in government
services that cater to women victims of gender-related offenses.

It also ensures mandatory training on human rights and gender sensitivity to all government
personnel involved in the protection and defense of women against gender-based violence, and
mandates local government units to establish a Violence Against Women Desk in every
barangay to address violence against women cases ;

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
womans life cycle, and which addresses the major causes of womens mortality and morbidity,
including access to among others, maternal care, responsible, ethical, legal, safe and effective
methods of family planning, and encouraging healthy lifestyle activities to prevent diseases
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 State shall ensure the same rights of women and men to: enter into and leave marriages,
freely choose a spouse, decide on the number and spacing of their children, enjoy personal
rights including the choice of a profession, own, acquire, and administer their property, and
acquire, change, or retain their nationality. It also states that the betrothal and marriage of a
child shall have no legal effect.

MARGINALIZED SECTORS

Those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in
poverty and have little or no access to land and other resources, basic social and economic
services such as health care, education, water and sanitation, employment and livelihood
opportunities, housing security, physical infrastructure and the justice system.

These include, but are not limited to women in the following sectors or groups:

Small farmers and rural workers, Fisher folk, Urban poor, Workers in the formal economy,
Workers in the informal economy, Migrant workers, Indigenous Peoples, Moro, Children, Senior
citizens, Persons with disabilities, and Solo parents.

Womens Rights in the Marginalized sectors:

a. Skills training, scholarships especially in research and development aimed towards

women-friendly farm technology;
b. Employment, livelihood, credit, capital and technology;
c. Localized, accessible, secure and affordable housing;
d. Food security and resources for food production, including equal rights in the titling of
the land and issuance of stewardship contracts and patents;
e. Representation and participation in policy-making or decision-making bodies in the
regional, national, and international levels;
f. Access to information regarding policies on women, including programs, projects and
funding outlays that affect them;
g. Social protection;
h. Recognition and preservation of cultural identity and integrity provided that these
cultural systems and practices are not discriminatory to women;
i. Inclusion in discussions on peace and development;
j. Services and interventions for women in especially difficult circumstances or WEDC;
k. Protection of girl-children against all forms of discrimination in education, health and
nutrition, and skills development; and
l. Protection of women senior citizens.

How can Filipino women living abroad benefit from this law?

Designation of a gender focal point in the consular section of Philippine embassies or

consulates who shall be primarily responsible in handling gender concerns of women migrant
workers, especially those in distress.
Other agencies (e.g. the Department of Labor and Employment and the Department of Social
Welfare and Development) are also mandated to cooperate in strengthening the Philippine
foreign posts programs for the delivery of services to women migrant workers, consistent with
the one-country team approach in Foreign Service.

Who will be responsible for implementing the Magna Carta of Women?

The State, the private sector, society in general, and all individuals shall contribute
to the recognition, respect and promotion of the rights of women defined and
guaranteed in the Magna Carta of Women.
all government offices, including local government units and government-owned
and controlled corporations shall be responsible to implement the provisions of the
Magna Carta of Women that fall within their mandate, particularly those that
guarantee rights of women that require specific action from the State.

Government responsibilities

The Magna Carta of Women mandates all government offices, including government-
owned and controlled corporations and local government units to adopt gender
mainstreaming as a strategy for implementing the law and attaining its objectives.

It also mandates:

(a) planning, budgeting, monitoring and evaluation for gender and development,

(b) the creation and/or strengthening of gender and development focal points, and

(c) the generation and maintenance of gender statistics and sex-disaggregated

databases to aid in planning, programming and policy formulation.

Under this law, the National Commission on the Role of Filipino Women which will be
renamed as the Philippine Commission on Women (PCW) shall be the overall monitoring
and oversight body to ensure the implementation of the law. As an agency under the
Office of the President of the Philippines, it will be the primary policy-making and
coordinating body for women and gender equality concerns and shall lead in ensuring
that government agencies are capacitated on the effective implementation of the
Magna Carta of Women
Consistent with its mandate, the Commission on Human Rights shall act as the Gender
and Development Ombud to ensure the promotion and protection of womens human
rights.
The Commission on Audit shall conduct an annual audit on the government offices use
of their gender and development budgets for the purpose of determining its judicious
use and the efficiency, and effectiveness of interventions in addressing gender issues.
Local government units are also encouraged to develop and pass a gender and
development code to address the issues and concerns of women in their respective
localities based on consultation with their women constituents.