V.

OBLIGATIONS OF THE STATE

Obligation to Respect
Obligation to Protect
Obligation to Fulill
Art. !"#$ %N &'arter
&HAPTER I( P%RPOSES AN) PRIN&IPLES
Article ! T'e Purposes o t'e %N are
3. To achieve international co-operation in solving international problems
of an economic, social, cultural, or humanitarian character, and in
promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion;
and
Arts. **+ *,+ %N &'arter
&HAPTER I-( INTERNATIONAL E&ONO.I& AN) SO&IAL &O/
OPERATION
Article **
With a view to the creation of conditions of stability and well-being which
are necessary for peaceful and friendly relations among nations based on
respect for the principle of equal rights and self-determination of peoples,
the nited !ations shall promote"
#. higher standards of living, full employment, and conditions of
economic and social progress and development;
$. solutions of international economic, social, health, and related
problems; and international cultural and educational cooperation;
and
3. universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex,
language, or religion.
Article *, %ll &embers pledge themselves to ta'e (oint and separate
action in co-operation with the )rgani*ation for the achievement of
the purposes set forth in %rticle ++.
Art. 0 "!$ "0$ "#$ I&&PR
Article 0
#. ,ach -tate .arty to the present /ovenant underta'es to respect and to
ensure to all individuals within its territory and sub(ect to its (urisdiction the
rights recogni*ed in the present /ovenant, without distinction of any 'ind,
such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
$. Where not already provided for by existing legislative or other
measures, each -tate .arty to the present /ovenant underta'es to ta'e
the necessary steps, in accordance with its constitutional processes and
with the provisions of the present /ovenant, to adopt such laws or other
measures as may be necessary to give effect to the rights recogni*ed in
the present /ovenant.
3. ,ach -tate .arty to the present /ovenant underta'es"
0a1 To ensure that any person whose rights or freedoms as herein
recogni*ed are violated shall have an effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity;
0b1 To ensure that any person claiming such a remedy shall have his right
thereto determined by competent (udicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal
system of the -tate, and to develop the possibilities of (udicial remedy;
0c1 To ensure that the competent authorities shall enforce such remedies
when granted.
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Art. 0+ Sec. !!+ !123 P'il. &onstitution
Section !!. 2ree access to the courts and quasi-(udicial bodies and
adequate legal assistance shall not be denied to any person by reason of
poverty.
VI. SO%R&ES AN) FO%N)ATIONS OF H%.AN RIGHTS
A. Generall4 accepte5 principles o international la6
B. International Bill o Rig'ts
a. %ni7ersal )eclaration o Hu8an Rig'ts
b. International &o7enant on &i7il an5 Political Rig'ts
c. International &o7enant on Econo8ic+ Social+ an5
&ultural Rig'ts
&. Treaties an5 ot'er &on7entions
). !123 P'il. &onstitution
a. Prea8ble
We, the sovereign 2ilipino people, imploring the aid of %lmighty 3od, in
order to build a (ust and humane society, and establish a 3overnment that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, (ustice, freedom, love, equality, and peace, do
ordain and promulgate this /onstitution.
b. Art. II
c. Art. III
VII. &LASSIFI&ATION OF H%.AN RIGHTS
A. First Generation o Rig'ts "&i7il an5 Political Rig'ts$
a. Art. !+ I&&PR
Article !
#. %ll peoples have the right of self-determination. 4y virtue of that right
they freely determine their political status and freely pursue their
economic, social and cultural development.
$. %ll peoples may, for their own ends, freely dispose of their natural
wealth and resources without pre(udice to any obligations arising out of
international economic co-operation, based upon the principle of mutual
benefit, and international law. 5n no case may a people be deprived of its
own means of subsistence.
3. The -tates .arties to the present /ovenant, including those having
responsibility for the administration of !on--elf-3overning and Trust
Territories, shall promote the reali*ation of the right of self-determination,
and shall respect that right, in conformity with the provisions of the /harter
of the nited !ations.
b. Art. ,/03+ I&&PR
Article ,
#. ,very human being has the inherent right to life. This right shall be
protected by law. !o one shall be arbitrarily deprived of his life.
$. 5n countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance with
the law in force at the time of the commission of the crime and not contrary
to the provisions of the present /ovenant and to the /onvention on the
.revention and .unishment of the /rime of 3enocide. This penalty can
only be carried out pursuant to a final (udgement rendered by a competent
court.
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3. When deprivation of life constitutes the crime of genocide, it is
understood that nothing in this article shall authori*e any -tate .arty to the
present /ovenant to derogate in any way from any obligation assumed
under the provisions of the /onvention on the .revention and .unishment
of the /rime of 3enocide.
6. %nyone sentenced to death shall have the right to see' pardon or
commutation of the sentence. %mnesty, pardon or commutation of the
sentence of death may be granted in all cases.
+. -entence of death shall not be imposed for crimes committed by
persons below eighteen years of age and shall not be carried out on
pregnant women.
7. !othing in this article shall be invo'ed to delay or to prevent the
abolition of capital punishment by any -tate .arty to the present
/ovenant.
Article 03 5n those -tates in which ethnic, religious or linguistic minorities
exist, persons belonging to such minorities shall not be denied the right, in
community with the other members of their group, to en(oy their own
culture, to profess and practise their own religion, or to use their own
language.
A.!. Rig't to Lie
a. Art. , "!$ "0$ "9$ I&&PR
Article ,
#. ,very human being has the inherent right to life. This right shall be
protected by law. !o one shall be arbitrarily deprived of his life.
$. 5n countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance with
the law in force at the time of the commission of the crime and not contrary
to the provisions of the present /ovenant and to the /onvention on the
.revention and .unishment of the /rime of 3enocide. This penalty can
only be carried out pursuant to a final (udgement rendered by a competent
court.
6. %nyone sentenced to death shall have the right to see' pardon or
commutation of the sentence. %mnesty, pardon or commutation of the
sentence of death may be granted in all cases.
b. Art.III+ Sec. ! an5 !1 "!$+ !123 P'il. &onstitution
Section !. !o 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 !1.
#. ,xcessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. !either shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes,
the /ongress hereafter provides for it. %ny death penalty already
imposed shall be reduced to reclusion perpetua.
c. Art. II+ Sec. !0+ !123 P'il. &onstitution
Section !0. The -tate recogni*es the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution.
5t shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the 3overnment.
A.0. Free5o8 against Torture an5 In'u8an Prison &on5itions
a. Arts. 3+ !:+ I&&PR
Article 3 !o one shall be sub(ected to torture or to cruel, inhuman or
degrading treatment or punishment. 5n particular, no one shall be
sub(ected without his free consent to medical or scientific experimentation.
b. Art. III+ Sec. !1 "!$+ !123 P'il. &onstitution
c. Art. I+ &on7ention Against Torture an5 ot'er &ruel
)egra5ing Treat8ent or Punis'8ent
Article !
3
#. 2or the purposes of this /onvention, the term 8torture8 means any act
by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him
or a third person information or a confession, punishing him for an act he
or a third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on
discrimination of any 'ind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a public official or
other person acting in an official capacity. 5t does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.
$. This article is without pre(udice to any international instrument or
national legislation which does or may contain provisions of wider
application.
A.#. E;ualit4 beore t'e La6
a. Art. 0,+ I&&PR
Article 0, %ll persons are equal before the law and are entitled without
any discrimination to the equal protection of the law. 5n this respect, the
law shall prohibit any discrimination and guarantee to all persons equal
and effective protection against discrimination on any ground such as
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
b. Art. III+ Sec.!+ !123 P'il. &onstitution
Section !. !o 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.
A.9. Rig't to Libert4+ Free5o8 ro8 Arbitrar4 Arrest
a. Art. 2+ 1+ !!+ I&&PR
Article 2
#. !o one shall be held in slavery; slavery and the slave-trade in all their
forms shall be prohibited.
$. !o one shall be held in servitude.
3.
0a1 !o one shall be required to perform forced or compulsory labour;
0b1 .aragraph 3 0a1 shall not be held to preclude, in countries where
imprisonment with hard labour may be imposed as a punishment for a
crime, the performance of hard labour in pursuance of a sentence to such
punishment by a competent court;
0c1 2or the purpose of this paragraph the term 8forced or compulsory
labour8 shall not include"
0i1 %ny wor' or service, not referred to in subparagraph 0b1, normally
required of a person who is under detention in consequence of a lawful
order of a court, or of a person during conditional release from such
detention;
0ii1 %ny service of a military character and, in countries where
conscientious ob(ection is recogni*ed, any national service required by law
of conscientious ob(ectors;
0iii1 %ny service exacted in cases of emergency or calamity threatening the
life or well-being of the community;
0iv1 %ny wor' or service which forms part of normal civil obligations.
Article 1
#. ,veryone has the right to liberty and security of person. !o one shall be
sub(ected to arbitrary arrest or detention. !o one shall be deprived of his
liberty except on such grounds and in accordance with such procedure as
are established by law.
$. %nyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges
against him.
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3. %nyone arrested or detained on a criminal charge shall be brought
promptly before a (udge or other officer authori*ed by law to exercise
(udicial power and shall be entitled to trial within a reasonable time or to
release. 5t shall not be the general rule that persons awaiting trial shall be
detained in custody, but release may be sub(ect to guarantees to appear
for trial, at any other stage of the (udicial proceedings, and, should
occasion arise, for execution of the (udgement.
6. %nyone who is deprived of his liberty by arrest or detention shall be
entitled to ta'e proceedings before a court, in order that that court may
decide without delay on the lawfulness of his detention and order his
release if the detention is not lawful.
+. %nyone who has been the victim of unlawful arrest or detention shall
have an enforceable right to compensation.
b. Art. III+ Sec. 0+ !0+ !*+ !2+ !123 P'il. &onstitution
Section 0. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and sei*ures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the (udge 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 sei*ed.
Section !0.
#. %ny 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. 5f 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.
$. !o torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. -ecret
detention places, solitary, incommunicado, or other similar forms
of detention are prohibited.
3. %ny confession or admission obtained in violation of this or
-ection #9 hereof shall be inadmissible in evidence against him.
6. The law shall provide for penal and civil sanctions for violations of
this -ection as well as compensation to the rehabilitation of
victims of torture or similar practices, and their families.
Section !*. 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 !2.
#. !o person shall be detained solely by reason of his political beliefs
and aspirations.
$. !o involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.
c. <arrantless Arrests+ Rule !!#+ Sec.*+ Ro&
Section *. Arrest without warrant ; when lawful . : % peace officer or a
private person may, without a warrant, arrest a person"
0a1 When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
0b1 When an offense has (ust been committed, and he has probable cause
to believe based on personal 'nowledge of facts or circumstances that the
person to be arrested has committed it; and
0c1 When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final (udgment or is
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.
5. &'ec=points
A.9. Free5o8 against Sla7er4
5
a. Art. 2+ I&&PR
b. Art. III+ Sec. !2"0$+ !123 P'il. &onstitution
A.*. Free5o8 o .o7e8ent
a. Art. !0 "!$ "0$ "#$ "9$+ I&&PR
Article !0
#. ,veryone lawfully within the territory of a -tate shall, within that territory,
have the right to liberty of movement and freedom to choose his
residence.
$. ,veryone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be sub(ect to any restrictions
except those which are provided by law, are necessary to protect national
security, public order 0ordre public1, public health or morals or the rights
and freedoms of others, and are consistent with the other rights
recogni*ed in the present /ovenant.
6. !o one shall be arbitrarily deprived of the right to enter his own country.
b. Art. III+ Sec. ,+ !123 P'il. &onstitution
Section ,. 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. !either 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.

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