HUMAN RIGHTS REPORT

- GROUP 3 -
PERSONS WITH
DISABILITIES
DISABILITY DEFINED
Disability is an evolving concept
and that disability results from the
interaction between persons with
impairments and attitudinal and
environmental barriers that
hinders their full and eective
participation in society on an
equal basis with others. ((e),
Preamble, CRPD)
 DISABILITY DEFINED
Disability shall mean:

1) a physical or mental impairment

that substantially limits one or
more psychological,
physiological or anatomical
function
2) a record of such an impairment
3) being regarded as having such
an impairment (RA 7277 Sec. 4)
 PERSONS WITH DISABILITIES
Are persons who are unable to live as normal individuals as a
result of impairment, either congenital or not, in physical or
mental capabilities. They are the orthopedically handicapped,
or with visual and hearing impaired, or mentally ill or retarded.
(Jorge Coquia, Human Rights, 2012)

Republic Act 7277 Section 4. (a), provides that Disabled Persons

are those suering from restriction of dierent abilities, as a
result of a mental, physical or sensory impairment, to perform
an activity in the manner or within the range considered normal
for a human being.
 It also includes those who have
long-term physical, mental,
intellectual or sensory
impairments which in
interaction with various barriers
may hinder their full and
eective participation in society
on an equal basis with others.
(Art 1, CRPD)
 LAWS PROVIDING & GUARANTEEING
THE RIGHTS OF PWDS
INTERNATIONAL LAW
UN CONVENTION ON THE
RIGHTS OF PERSONS WITH
DISABILITIES

LOCAL LAW
MAGNA CARTA FOR PERSONS
WITH DISABILITIES ( R.A. 7277)
 RIGHTS OF PWDS
1. EMPLOYMENT
RIGHT TO EQUAL OPPORTUNITY FOR EMPLOYMENT AND
EQUAL TERMS AND CONDITIONS OF EMPLOYMENT
Protect the rights of persons with no qualied, disabled person
disabilities, on an equal basis with shall be denied access to
others, to just and favourable opportunities for suitable
conditions of work, including equal
employment
opportunities and equal
remuneration for work of equal
value, safe and healthy working
conditions,
 RIGHT TO EQUAL OPPORTUNITY
FOR EMPLOYMENT AND EQUAL TERMS AND
CONDITIONS OF EMPLOYMENT

including protection from 5% of all contractual

harassment, and the redress
of grievances;(Art. 27, CPRD)
positions in government
engaged in social
development shall be
reserved for disabled
persons (Sec. 5, RA 7277)
RIGHTS AGAINST FORCE AND COMPULSORY LABOR

Ensure that persons with
disabilities are not held in
slavery or in servitude,
and are protected, on an
equal basis with others,
from forced or
compulsory labour.
(Art. 27, CPRD)
2. EDUCATION
RIGHT TO QUALITY EDUCATION
Persons with disabilities are Adequate access to quality
not excluded from the general education and ample opportunities
education system on the basis to develop their skills. It shall take
of disability, and that children appropriate steps to make such
with disabilities are not education accessible to all
excluded from free and disabled persons. It shall be
compulsory primary unlawful for any learning
education, or from secondary institutions to deny a disabled
education, on the basis of person admission to any course it
disability; oers by reason of handicap or
disability. (Sec. 12, RA 7277)
2. EDUCATION

RIGHT TO QUALITY EDUCATION

Access to general tertiary
education, vocational
training, adult education
and lifelong learning
without discrimination and
on an equal basis with
others. (Art. 24, CPRD)
 RIGHT TO EDUCATIONAL ASSISTANCE
Learning of Braille, alt. script, Provide nancial assistance to
augmentative and alternative economically marginalized but
modes, means and formats deserving disabled students
of communication and pursuing post-secondary or tertiary
orientation and mobility skills, education.
and facilitating peer support
and mentoring. At least 5% of the allocation for the
Private Education Student Financial
Learning of sign language Assistance Program created by
and the promotion of the virtue of R.A. 6725 shall be set aside
linguistic identity of the deaf for disabled students pursuing
community; vocational or technical and degree
courses. (Sec. 13, RA 7277)
 Ensuring that the education of persons,
and in particular children, who are blind,
deaf or deaf blind, is delivered in the most
appropriate languages and means of
communication for the individual, and in
environments which maximize academic
and social development. (Art. 24, CPRD)
3. HEALTH

RIGHT TO HEALTH SERVICES

Provide quality and Protect and promote the right
standard of free or to health of disabled persons
aordable health care and
programs Provide an integrated health
service for disabled persons
Provide those health (Sec 20, RA. 7277)
services needed by
persons with disabilities (Art.
25, CPRD
4. PERSONAL MOBILITY AND AUXILIARY SOCIAL
SERVICES
Facilitating the personal Assistance in the acquisition of
mobility prosthetic devices and medical
intervention of specialty services;
Facilitating access by persons
with disabilities to quality Specialized training activities
mobility aids, devices, assistive designed to improved functional
technologies and forms of live limitations of disabled persons
assistance and intermediaries. related to communications skills;
Providing training in mobility Counseling, orientation and mobility
skills and strengthening daily living
capability;
 Encouraging entities that Family care services
produce mobility aids,
devices and assistive After care and follow-up
technologies to take into services
account all aspects of
mobility for persons with Day care services for disabled
disabilities. (Art. 20, CPRD) children of pre-school age.
(Sec 21, RA. 7277)
5. POLITICAL & CIVIL RIGHTS
Right to vote by secret ballot Disabled persons shall be allowed
to be assisted by a person of his
Eectively hold oce and choice in voting in the national or
perform all public functions local elections.
at all levels of government;
Polling places should be made
Voting procedures, facilities accessible to disabled persons
and materials are during the national or local
appropriate, accessible and elections. (Sec. 29, RA. 7277)
easy to understand and use;
(Art. 29, CPRD)
 RIGHT TO ASSEMBLE AND ORGANIZE
Participation in non-
governmental organizations
and associations;
Forming and joining
organizations of persons with
disabilities. (Art. 29, CPRD)
Participate in processions, rallies,
parades, demonstrations, public
meetings, and assemblages or
other forms of mass or concerted
action held in public. (Section 30, RA
7277)
The State recognizes the rights of
disabled persons to form
organizations or associations that
promote their welfare and
advance or safeguard their
interests.
(Section 31, RA 7277)
DISCRIMINATION AGAINST PWDs,
PROHIBITED

Equality before the law

without discrimination
Rights against employment
discrimination
Discrimination on the Use of
Public Accommodations
INDIGENOUS PEOPLES
 UNDRIP
Indigenous Peoples are
descendants of the original people
or occupants of lands before these
lands were taken over or
conquered by others. Many
indigenous peoples have
maintained their traditional cultures
and identities (e.g., way of dressing,
language and the cultivation of
land). Therefore they have a strong
and deep connection with their
ancestral territories, cultures and
identities.
IPRA LAW (RA. 8371)
Indigenous Cultural Communities or
Indigenous Peoples refer to a group
of people or homogenous societies
identied by self-ascription
(attribution) and ascription by others
who have continuously lived as
organized community on
communally bounded and dened
territory, and who have, under
claims of ownership since time
immemorial, occupied, possessed
and utilized such territories
UNDRIP IPRA LAW (RA. 8371)
Sharing common bonds of
language, customs, traditions and
other distinctive cultural traits

Or who have, through resistance to

political, social and cultural inroads
of colonization, non-indigenous
religions and cultures, became
historically dierentiated from the
majority of Filipinos.
 AS A VULNERABLE SECTOR
In a large measure, they are less privileged and suer
from discrimination and exploitation

The opinion of the Court in one case may have implied

that the tribal people have been discriminated against
due to their low degree of civilization.

They generally live in geographically isolated areas with

poor access to basic social services and limited
opportunities for mainstream economic activities.
 AS A VULNERABLE SECTOR
People belonging to ICCs/IPs
hardly enjoy civil and political
rights.

Usually deprived of their lands

and territories which their
forefathers have been
Photo courtesy of World Bank
cultivating since the very
beginning
UN DECLARATION OF RIGHTS OF
INDIGENOUS PEOPLES
 MAIN THEMES IN THE DECLARATION
RIGHT TO SELF- RIGHT TO BE RIGHT TO BE FREE, RIGHT TO BE
DETERMINATION RECOGNIZED AS PRIOR, & INFORMED FREE OF
DISTINCT PEOPLES CONSENT DISCRIMINATION
- Right to - Equal to all - Right to be - Treated the
decide what other peoples, consulted and same way as
is best for but they also make decisions other people,
them and have the right to on any matter regardless of
their be dierent that may aect sex, disability or
communities (way they dress, their rights freely, religion.
food they eat, without pressure,
- Right to be language they having all the
independent speak) information and
and fre before anything
happens.
 VARIOUS MECHANISMS WITHIN
THE UNITED NATIONS THAT HELP
PROMOTE AND PROTECT
THE RIGHTS OF INDIGENOUS PEOPLES
 UNITED NATIONS PERMANENT FORUM
ON INDIGENOUS ISSUES (UNPFII)
Main oce dealing with
indigenous peoples issues at the
United Nations

The members selected by

indigenous organizations come
from seven regions: Asia; Africa;
Eastern, Central Europe and the
Caucasus; Arctic; Latin America Photo courtesy of UNPFII

and the Caribbean; North

America; and the Pacic.
The Forum pays particular attention to
children and youth, and has had
discussions and called for action on:

culturally-appropriate
education (including
indigenous languages)
Proper health services
Education on HIV and AIDS
Discrimination by the law Jack Bugay, 11, an Aeta in the
Over-policing of indigenous village of Magbikin, Kanawan,
youth. Morong, Bataan
Photo courtesy of Jimmy A. Domingo
GLOBAL INDIGENOUS YOUTH CAUCUS
Indigenous youth have participated in the
Permanent Forum on Indigenous Issues ever
since its rst session. Formally established in
2006, and recognized by the Forum as a
working caucus (or group) in 2008, the
Global Indigenous Youth Caucus consists of
a number of indigenous youth from across
the globe with various backgrounds. During
Photo courtesy of UNPFII
sessions of the Forum, the Caucus meets
daily to discuss issues and to draft
statements and recommendations to the
Forum.
 SPECIAL RAPPORTEUR ON THE
RIGHTS OF INDIGENOUS PEOPLES
The Special Rapporteur is a senior expert on
indigenous issues who promotes indigenous peoples
rights, reports on their situation worldwide, and
addresses specic cases where their rights may have
been violated. The Special Rapporteur can also pay
visits to countries to report on progress governments
are making in supporting and respecting indigenous
peoples rights.
 DID YOU KNOW?
Any person, group or
organization can send
information on specic cases
where the rights of indigenous
peoples may have been violated
to the Special Rapporteur on the
Rights of Indigenous Peoples.
A family of Subanen, in the hinterlands
of Zamboanga Peninsula in
Maguindanao.
Photo courtesy of Jimmy A. Domingo
 EXPERT MECHANISM ON THE
RIGHTS OF INDIGENOUS PEOPLES

A group of ve experts that meets once a

year to provide the UN system with advice on
the rights of indigenous peoples. The group
carries out studies and research, and has
focused on a number of issues, such as
education, the right to participate in decision-
making and more.
 DID YOU KNOW?
Every year, on 9 August, the world
celebrates the international day of the
worlds indigenous peoples.

This day was created to raise

awareness of the rights of indigenous
peoples worldwide, and honours the Aeta children play Kanawan,
rst meeting of the United Nations Morong, Bataan
Working Group on Indigenous Photo courtesy of Jimmy A. Domingo

Populations held in Geneva on

9 August 1982, that drafted UNDRIP.
RIGHTS OF IPS UNDER THE IPRA LAW

Sec.2- Declaration of State Policies

The State shall take measures, with the participation

of the ICCs/IPs concerned, to protect their rights
and guarantee respect for their cultural integrity,
and to ensure that members of the ICCs/IPs benet
on an equal footing from the rights and
opportunities which national laws and regulations
grant to other members of the population
 the State shall institute and establish the
necessary mechanisms to enforce and guarantee
the realization of the rights provided in this Act,
taking into consideration their customs, traditions,
values, beliefs, interests and institutions, and to
adopt and implement measures to protect their
rights to their ancestral domains.
I. CULTURAL IDENTITY
Indigenous peoples are equal to all other peoples,
but they also have the right to be dierent (attire,
language, food) UNDRIP

Protection of Indigenous Culture, Traditions and

Institutions (Sec.29)
Right to practice and revitalize their own cultural
traditions and customs (Sec. 32)
Rights to Religious, Cultural Sites and
Ceremonies (Sec.33)
 Recognition of Cultural Diversity
(Sec.31)

- the State shall take eective

measures, in consultation with
ICCs/IPs concerned, to
eliminate prejudice and
discrimination and to promote
Mangyan Tribe tolerance, understanding and
good relations among ICCs/IPs
and all segments of society.
II. RIGHT TO ENJOY HUMAN RIGHTS
Right to Life, Liberty and Property
Right to Equal Protection and Non-Discrimination
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. (Sec. 21)
It shall be the right of the ICCs/IPs to be free from any form
of discrimination, with respect to recruitment and conditions
of employment (Sec. 23)
III. RIGHT TO SELF-GOVERNANCE
AND EMPOWERMENT
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.13)

Tribal Barangay
Includes right to self- determination
IV. RIGHT TO EQUAL PROTECTION AND
NON-DISCRIMINATION
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. (Sec. 21)

It shall be the right of the ICCs/IPs to be free from any form

of discrimination, with respect to recruitment and
conditions of employment (Sec. 23)
V. RIGHT TO ANCESTRAL DOMAIN

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.5)

Ancestral lands/domains shall include such concepts of

territories which cover 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.
 PUNISHABLE ACTS
Unauthorized and unlawful
intrusion upon, or use of any
portion of the ancestral domain
(Sec.10)

employment of any form of force

or coercion against ICCs/IPs (Sec.
21) Children of the Agta Tribe

Unlawful Acts Pertaining to

Employment (Sec.24)
 PUNISHABLE ACTS
To ensure that indigenous sacred places, including burial
sites, be preserved, respected and protected , it shall be
unlawful to:

a) Explore, excavate or make diggings on archeological

sites of the ICCs/IPs for the purpose of obtaining
materials of cultural values without the free and prior
informed consent of the community concerned;
b)Deface, remove or otherwise destroy artifacts which are
of great importance to the ICCs/IPs for the preservation
of their cultural heritage. (Sec.33)
RACIAL DISCRIMINATION
 INTL. LAWS ON DISCRIMINATION
United Nations Charter
Universal Declaration of
Human Rights
International Covenant on
Civil and Political Rights
Covenant on Economic,
Social and Cultural Rights
International Convention on
the Elimination of All Forms
of Racial Discrimination
Convention on the Elimination
of All Forms of Discrimination
Against Woman
Convention on Slavery
International Convention on
the Suppression and
Punishment of the Crime of
Apartheid
Resolutions and Declarations
on Labor by the International
Labor Organization.
RACIAL DISCRIMINATION DEFINED
Any distinction, exclusion or preference based on
race, color, descent or national or ethnic origin
which has the purpose or eect of nullifying or
impairing the recognition, enjoyment or exercise,
on the equal footing of human rights and
fundamental freedoms in the political, economic,
social or cultural or any other eld of public life.
Article 1 of the International Convention on the Elimination of All Forms of Racial
Discrimination
 INTL. CONVENTION ON THE ELIMINATION OF ALL
FORMS OF RACIAL DISCRIMINATION
Purpose of the Convention:

Eliminate all forms of racial discrimination and prohibit any form of

racial discrimination by any persons, groups or organizations
(Article 2)

Adopt measures to prohibit any forms of dissemination of ideas

based on racial superiority or hatred, incitement to racial
discrimination and acts of violence and incitement of such acts,
and any form of assistance to such activities (article 4)
 INTL. CONVENTION ON THE ELIMINATION OF ALL
FORMS OF RACIAL DISCRIMINATION
Purpose of the Convention:

Assures to everyone within the

State partys jurisdiction eective
protection and remedies against
any acts of racial discrimination,
and the right to seek just and
adequate reparation for any
damage suered following
discrimination (article 6).
 OBLIGATION OF STATE PARTIES
(a) Each State Party shall undertake to engage in no act or practice
of racial discrimination against persons, groups of persons or
institutions and to en sure that all public authorities and public
institutions, national and local, shall act in conformity with this
obligation;
(b) Each State Party shall undertake not to sponsor, defend or
support racial discrimination by any persons or organizations;
(c) Each State Party shall take eective measures to review
governmental, national and local policies, and to amend, rescind
or nullify any laws and regulations which have the eect of
creating or perpetuating racial discrimination wherever it exists;
(Article 2)
 OBLIGATION OF STATE PARTIES
(d) Each State Party shall prohibit and bring to an end, by all
appropriate means, including legislation as required by
circumstances, racial discrimination by any persons, group or
organization;

(e) Each State Party shall undertake to encourage, where

appropriate, integrationist multiracial organizations and
movements and other means of eliminating barriers between
races, and to discourage anything which tends to strengthen
racial division.
Article 2
 RIGHTS UNDER ART. 5
(a) The right to equal treatment before the tribunals and all
other organs administering justice;
(b) The right to security of person and protection by the State
against violence or bodily harm, whether inicted by
government ocials or by any individual group or
institution;
(c) Political rights, in particular the right to participate in
elections-to vote and to stand for election-on the basis of
universal and equal surage, to take part in the
Government as well as in the conduct of public aairs at
any level and to have equal access to public service;
(d) Other civil rights, in
particular:
The right to freedom of The right to own property
movement and residence alone as well as in
within the border of the association with others;
State; The right to inherit;
The right to leave any The right to freedom of
country, including one's thought, conscience and
own, and to return to religion;
one's country; The right to freedom of
The right to nationality; opinion and expression;
The right to marriage and The right to freedom of
choice of spouse; peaceful assembly and
association;
(e) Economic, social and cultural rights, in particular:

The rights to work, to free choice of employment, to just and

favourable conditions of work, to protection against unemployment,
to equal pay for equal work, to just and favourable remuneration;
The right to form and join trade unions;
The right to housing;
The right to public health, medical care, social security and social
services;
The right to education and training;
The right to equal participation in cultural activities;

(f) The right of access to any place or service intended for use
by the general public, such as transport hotels, restaurants,
cafes, theatres and parks.
DISCRIMINATION IN THE PHILIPPINES

Standard of Beauty
Racial Remarks
Social Bias
Racism to Ethnic/Cultural
Groups
Racism to Filipino Muslims
 PHILIPPINE LAWS ON RACIAL
DISCRIMINATION
PD 966 (July 20, 1976)
Declaring Violation of the
International Convention of
the Elimination of All Forms of
Racial Discrimination to be
Criminal Oense and
Providing Penalties thereof

Anti-Ethnic or Racial Proling and

Discrimination Act of 2011
GENOCIDE
 GENOCIDE DEFINED

It is the deliberate and

systematic extermination of an
ethnic, racial, religious or
national group.

Auschwitz ConcentraLon Camp

The Holocaust
The 1948 Convention on the Prevention and Punishment of the
Crime of Genocide (article 2) dees genocide as any of the
following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group , including:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the
group;
(c) Deliberately inicting on the group conditions of life
calculated to bring about its physical destruction in whole
or in part;
(d) Imposing measures intended to prevent births within the
group;
(e) Forcibly transferring children of the group to another group.
 TOP TEN WORST GENOCIDES IN
HISTORY
10. War in Darfur
9. Zunghar Genocide
8. Rwandan Genocide
7. Armenian Genocide
6.Cambodian Genocide
5. 1971 Bangladesh Atrocities
4. Holodomor (Soviet famine of 19321933)
ConcentraLon Camp 3. Holocaust
2. The Great Leap Forward
1. European Colonization of the
Americas
 REASONS FOR GENOCIDE
The following eight factors
cumulatively increase the risk of
genocide:
Tense inter-group relations,
including a record of
discrimination and/or other
human rights violations
committed against a group;
Weak institutional capacity to
prevent genocide, such as the
lack of an independent judiciary,
ineective national human rights
institutions, the absence of
international actors capable of
protecting vulnerable groups,
and a lack of impartial security
forces and media;
The presence of illegal arms
and armed elements;
Underlying political, economic,
military or other motivation to
target a group;
 REASONS FOR GENOCIDE
Circumstances that facilitate deliberate deprivation of
perpetration of genocide, such food;
as a sudden or gradual
strengthening of the military or Evidence of the intent to
security apparatus; destroy in whole or in
part;
Acts that could be elements
of genocide, such as such as
killings, abduction and Triggering factors, such as
disappearances, torture, rape elections.
and sexual violence, ethnic
cleansing or pogroms or the
 DUTY TO PREVENT GENOCIDE

Lies rst and foremost with

the State

Holodomor Soviet Famine

 THREE PILLARS OF RESPONSIBILITY TO
PROTECT
The State carries The international community
the primary has a responsibility to use
responsibility for The appropriate diplomatic,
international humanitarian and other means
protecting
community has to protect populations from
populations from
a responsibility these crimes. If a State is
genocide, war
manifestly failing to protect its
crimes, crimes to encourage
populations, the international
against humanity and assist States
community must be prepared
and ethnic in fullling this to take collective action to
cleansing, and responsibility; protect populations, in
their incitement; accordance with the Charter
of the United Nations.
Outcome Document of the 2005 United
Na5ons World Summit
REFUGEES
 CONVENTION & PROTOCOL RELATING
TO THE STATUS OF REFUGEES
- Based on Art. 14 of UDHR
& other international
instruments on refugees

- The basis of international

refugee protection at Two men help an elderly woman
present ee Mosul, Iraq on June 2017.
Photo courtesy of UNHCR
 PURPOSE OF UNHCR

- To protect and nd durable

solutions for refugees with
activities based on
international law such as
UDHR
- Supervises the application of
Syrian refugees rescued from the the convention & protocol
Mediterranean sea
Photo courtesy of UNHCR
 REFUGEE DEFINED

One unable or unwilling to return to their country of origin

due to a well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a
particular social group, or political opinion.
 THE TERM REFUGEE SHALL APPLY
TO ANY PERSON WHO:
(1) Has been considered a refugee under the Arrangements
of 12 May 1926 and 30 June 1928 or under the Conventions
of 28 October 1933 and 10 February 1938, the Protocol of 14
September 1939 or the Constitution of the International
Refugee Organization;

Decisions of non-eligibility taken by the International

Refugee Organization during the period of its activities shall
not prevent the status of refugee being accorded to persons
who fulll the conditions of par. 2 of this section;
(2) As a result of events occurring before 1
January 1951 and owing to well-founded fear
of being persecuted for reasons of race,
religion, nationality, membership of a particular
social group or political opinion, is outside the
country of his nationality and is unable or,
owing to such fear, is unwilling to avail himself
of the protection of that country; or who, not
having a nationality and being outside the
country of his former habitual residence as a
result of such events, is unable or, owing to
such fear, is unwilling to return to it.
In the case of a person who has more than one
nationality, the term the country of his nationality shall
mean each of the countries of which he is a national,
and a person shall not be deemed to be lacking the
protection of the country of his nationality if, without any
valid reason based on well-founded fear, he has not
availed himself of the protection of one of the countries
of which he is a national.
C. This Convention shall cease to apply to any
person falling under the terms of section A if:

(1) One voluntarily re-availed himself of the

protection of the country of his nationality;
or
(2) One has voluntarily re-acquired it their
nationality; or
(3) One acquired a new nationality, and enjoys
the protection of the country of their new
nationality; or
(4) One voluntarily re-established himself in the
country which he left or outside which he
remained owing to fear of persecution; or

(5) One can no longer, because the circumstances

in connection with which he has been
recognized as a refugee have ceased to exist,
continue to refuse to avail himself of the
protection of the country of his nationality;
(6) Being a person who has no nationality, one
is, because of the circumstances in
connection with which he has been
recognized as a refugee have ceased to
exist, able to return to the country of his
former habitual residence; (Art. 1)
D. This Convention shall not apply to:

- Persons who are currently receiving

assistance or protection from agencies of
UN other than the UNHCR.

- A person recognized by competent

authorities of the country in which he has
taken residence as having the rights and
obligations of a citizen of that country.
D-F. This Convention shall not apply to:

- Any person committed a crime against

peace, a war crime, or a crime against
humanity; committed a serious non-
political crime outside the country of
refuge prior to his admission to that
country as a refugee; or one guilty of
acts contrary to the purposes and
principles of the UN.
REFUGEES MIGRANTS
- Are forced to - Not forced to
leave their leave their
countries countries

- Do not/ - Not entitled

unable to to the benet
enjoy the from
protection of international Syrian refugees buried in the
their country protection Greek island of Lesvos
Photo courtesy of VICE
of origin
GENERAL OBLIGATIONS OF REFUGEES

Every refugee has duties to the

country in which he nds himself,
which require in particular that he
conform to its laws and
regulations as well as to
measures taken for the
Refugee family at a camp maintenance of public order.
Photo courtesy of UNHCR
Art. 2
 NON-DISCRIMINATION CLAUSE

The Contracting States shall

apply the provisions of this
Convention to refugees
without discrimination as to
race, religion or country of
origin. Swedish same-sex couple
Art. 3 welcome Muslim refugees into
their home
Photo courtesy of UNHCR
 RELIGION
The Contracting States shall
accord to refugees within their
territories treatment at least as
favorable as that accorded to
their nationals with respect to
freedom to practice their religion
and freedom as regards the
Jewish family open their home
religious education of their
to Muslim refugee children.
Photo courtesy of UNHCR Art. 4
 RIGHT OF ASSOCIATION
1951 Convention relating to Status UDHR
of Refugees and its Protocol

ARTICLE 15: ARTICLE 20:

As regards non- political and non- (1) Everyone has the right to
prot-making associations and freedom of peaceful
trade unions the Contracting States assembly and association.
shall accord to refugees lawfully
(2) No one may be compelled
staying in their territory the most
favourable treatment accorded to to belong to an association.
nationals of a foreign country, in the
same circumstances.
 ACCESS TO COURTS
1951 Convention relating to Status UDHR
of Refugees and its Protocol
ARTICLE 16: ARTICLE 7:

1. A refugee shall have free access to
the courts of law on the territory of
all Contracting States.
2. A refugee shall enjoy in the
Contracting State in which he has his
habitual residence the same
treatment as a national in matters
pertaining to access to the Courts,
including legal assistance from
cautio judicatum solvi.
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.
 ACCESS TO COURTS
1951 Convention relating to Status
of Refugees and its Protocol
ARTICLE 16:
3. A refugee shall be accorded in the
matters referred to in the
paragraph 2 in countries other than
that in which he has his habitual
residence the treatment granted to
a national of the country of his
habitual residence.
UDHR
ARTICLE 8:
Everyone has the right to an
eective remedy by the
competent national tribunals for
acts violating the fundamental
rights granted him by the
constitution or by law.
 RIGHTS CONCERNING GAINFUL
EMPLOYMENT
Refugees have rights that should be granted in standards
applicable to nationals of the Contracting States. The
Contracting States also have the obligation of according to
the refugees the same treatment as that of nationals
concerning employment. The Convention establishes
standards for the Contracting State as regards matters that
aect the daily life of refugees, including gainful
employment.
Art. 17-19, ConvenLon RelaLng to the Status
of Refugees & its Protocol
 WAGE-EARNING EMPLOYMENT
1. The Contracting State shall accord to refugees lawfully
staying in their territory the most favorable treatment accorded
to nationals of a foreign country in the same circumstances, as
regards the right to engage in wage-earning employment.

2. In any case, restrictive measures imposed on aliens or the

employment of aliens for the protection of the national labor
market shall not be applied to a refugee who was already
exempt from them at the date of entry into force of this
Convention for the Contracting State concerned, or who lls one
of the following conditions:
Art. 17, ConvenLon RelaLng to the Status of
Refugees & its Protocol
 a. He has completed three years residence in the country;
b. He has a spouse possessing the nationality of the country of
residence. A refugee may invoke the benets of this provision if
he has abandoned his spouse;
c. He has one or more children possessing the nationality of the
country of residence.

3. The Contracting State shall give sympathetic consideration to

assimilating the rights of all refugees with regard to wage-
earning employment to those of nationals, and in particular of
those refugees who have entered their territory pursuant to
programs of labor recruitment or under immigration schemes.
Art. 17, ConvenLon RelaLng to the Status of
Refugees & its Protocol
 Successful employment of asylum seekers and refugees is
benecial to host societies
According to International Labor Organization (ILO) decent
work sums up the aspirations of the people in their working
lives- for opportunity and income; rights, voice and
recognition
The right to work is particularly important as it can enhance
their sense of dignity, self-respect and self-worth and brings
with it independence and nancial self-suciency
 SELF- EMPLOYMENT
The Contracting States shall accord
to a refugee lawfully in their territory
treatment as favorable than that
accorded to aliens generally in the
same circumstances, as regards the
right to engage on his own account
in agriculture, industry, handicrafts
and commerce and to establish
commercial and industrial
Displaced Yemen Children
companies. Photo courtesy of UNHCR
Art. 18, ConvenLon RelaLng to the Status of
Refugees & its Protocol
 Self-employed refugee contributes a range of
economic benets, from self-suciency to business
and job creation
According to refugee scholar James C. Hathaway,
refugee rights under the Convention expand
incrementally, depending on the nature and duration
of a refugees stay in a country
 The article requires states to treat refugees lawfully in
as favorable as possible or no less favorable than
other aliens in the same position with regard to a right to
self-employment.
This means that if a Member State permits non-citizens
to engage in self-employment in their country, asylum
seekers who have lodged their asylum claim must also
be permitted to engage in self-employment in that
country.
Article 6 of the 1951 Refugee Convention, when read
together with Article 18, requires that refugees must be
exempt from any requirements to start a business if
they are unable to meet those requirements due to the
hardship that resulted from their forced displacement.
 LIBERAL PROFESSIONS
Accord to refugees lawfully staying
in their territory who hold diplomas
recognized by the competent
authorities of that State, and who
are desirous of practicing a liberal
profession, treatment as favourable
as possible and, in any event, not
less favourable than that accorded
to aliens generally in the same Syrian refugee chef in France
Photo courtesy of UNHCR

Art. 19, ConvenLon RelaLng to the Status of

Refugees & its Protocol
 LIBERAL PROFESSIONS
Use their best endeavours
consistently with their laws and
constitutions to secure the
settlement of such refugees in the
territories, other than the
metropolitan territory, for whose
international relations they are
responsible.
Photo courtesy of UNHCR

Art. 19, ConvenLon RelaLng to the Status of

Refugees & its Protocol
Business rms in the United Kingdom have started to provide
opportunities for jobs in London. According to a managing
director of a London-based recruitment rm, its about
allowing skilled candidates to compete in the job market
along with everyone else. Refugees who have been given
humanitarian protection status in the United Kingdom shall be
given the right to work. The humanitarian protection status is
a status normally used for people who "don't qualify for
asylum" but would be at "real risk of suering serious harm" in
their home country .
 RIGHT CONCERNING WELFARE:
RATIONING
Where a rationing system exists,
which applies to the population at
large and regulates the general
distribution of products in short
supply, refugees shall be accorded
the same treatment as nationals.
A French restaurant with Art. 20, ConvenLon RelaLng to the Status of
refugees as employees Refugees & its Protocol
Photo courtesy of VICE
In the Philippine setting, the Department of Justice on 28 October
2012 issued Department of Justice Circular No. 058 establishing the
rules and procedure for the determination of refugees and stateless
persons. It is also included therein the procedure for deportation or
expulsion pending the consideration of the application. Then
Secretary De Lima explained, "The enjoyment of basic human rights
and freedoms should never be dependent on the presence or
absence of a person's nationality or his anity to his country. The
universality of human rights and the respect thereof demands a
standard of treatment from the Government that is not only tolerant
but accepting and inclusive."
REFUGEES UNLAWFULLY IN THE
COUNTRY FOR REFUGE
1. The Contracting State shall not impose penalties, on
account of their illegal entry or presence, on refugees
who, coming directly from a territory where their life
or freedom was threatened in the sense of Article 1,
enter or are present in their territory without
authorization, provided they present themselves
without delay to the authorities and shoe good cause
for their illegal entry or presence.
Art. 31, ConvenLon RelaLng to the Status of
Refugees & its Protocol
REFUGEES UNLAWFULLY IN THE
COUNTRY FOR REFUGE
2. The Contracting States shall not apply to the
movements of such refugees restrictions other than
those which are necessary and such restrictions shall
only be applied until their status in the country is
regularized or they obtain admission into another
country. The Contracting State shall allow such
refugees a reasonable period and all necessary
facilities to obtain admission into another country.
Art. 31, ConvenLon RelaLng to the Status of
Refugees & its Protocol
 RIGHT TO ASYLUM

The Contracting States shall:

not expel a refugee lawfully in

their territory save on grounds of
national security or public order.
Art. 32, ConvenLon RelaLng to the Status of The infamous photo of a child from
Refugees & its Protocol Aleppo pulled out from rubble a`er
an airstrike.
Photo courtesy of NPR.org
Note: The expulsion of such a refugee shall be only in
pursuance of a decision reached in accordance with due
process of law. Except where compelling reasons of
national security otherwise require, the refugee shall be
allowed to submit evidence to clear himself, and to
appeal to and be represented for the purpose before
competent authority or a person or persons specially
designated by the competent authority.

- allow such a refugee a reasonable period within which to

seek legal admission into another country.
- reserve the right to apply during that period such internal
measures as they may deem necessary.
 From the provisions regarding
the right of asylum and the
protection of the refugee in the
prohibitions of the State against
the expulsion of refugees, the
Contracting State has retained
the power to expel those
refugees who have committed
acts which put the very
existence of the State and the Photo courtesy of UNHCR

safety of the residents therein in

danger.
 RIGHT OF ASYLUM, UDHR
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
Abandoned by smugglers, thousands
of Rohingya and Bangladeshis were
contrary to the purposes and
stranded without food and water on principles of the United Nations.
the Andaman Sea Art. 4, Universal DeclaraLon of Human Rights
Photo courtesy of UNHCR
 ASYLUM DEFINED
According to Boed:
a place of refuge where one could be free from the reach of
the pursuer. However, there is still no universally accepted
denition of the term asylum. Even so, the right of asylum has
been recognized as a manifestation of the following state
conduct:
(i) to admit a person to its territory;
(ii) to allow the person to sojourn there;
(iii) to refrain from expelling the person;
(iv) to refrain from extraditing the person; and
(v) to refrain
(vi) from prosecuting, punishing, or otherwise restricting the
person's liberty.
 ASYLUM SEEKER DEFINED

A person within a State party

who has applied for recognition
as a refugee. If the asylum
seeker is determined to meet
the denition of a refugee they
are granted asylum.
Photo courtesy of UNHCR
 RIGHT AGAINST REFOULEMENT
A State shall not expel or return a refugee in any manner
whatsoever to the frontiers of territories where his life or
freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political
opinion.

However, the right cannot be claimed by a refugee whom

there are reasonable grounds for regarding as a danger to the
security of the country in which he is, or who, having been
convicted by a nal judgment of a particularly serious crime,
constitutes a danger to the community of that country.
STATELESS PERSONS
 STATELESS PERSON

A person who is not considered as a national by any

State under the operation of its law.
(Article 1, 1954 Convention Relating to the Status of Stateless Persons)
 TYPES OF STATELESSNESS
De Jure Statelessness A person who
is not considered as a national by any
State under the operation of its law

De Facto Statelessness - Often have a

nationality according to the law, but
this nationality is not eective or they
cannot prove or verify their nationality.
OBSTACLES, HARDSHIPS, & HURDLES
FACED BY STATELESS PERSONS
Vulnerable targets for gross human
rights violators.

Nationality is a practical prerequisite

for accessing political and judicial
processes and for obtaining economic,
social, and cultural rights.
 Dicult to obtain political
asylum.

Dicult to obtain basic social

services.

Diculty in obtaining travel

documents hence impeded their
right to travel.

Unnecessary imprisonment.
OBSTACLES, HARDSHIPS, & HURDLES
FACED BY STATELESS PERSONS
Vulnerable targets for gross human
rights violators.

Nationality is a practical prerequisite

for accessing political and judicial
processes and for obtaining economic,
social, and cultural rights.
 RIGHTS OF STATELESS PERSONS
(1954 Convention relating to the Status of Stateless Persons)

Continuity of residence Right of Association

(Article 10) (Article 15)
Right to own movable Access to courts
and immovable (Article 16)
property Gainful Employment
(Article 13) (Chapter III)
Artistic rights and Housing
(Article 21)
industrial property
(Article 14) Public Education
(Article 22)
 RIGHTS OF STATELESS PERSONS
(1954 Convention relating to the Status of Stateless Persons)

Labor legislation and Right against Expulsion

social security (Article 31)
(Article 24) Naturalization
(Article 32)
Administrative
assistance
(Article 25)
Freedom of Movement
(Article 26)
FREQUENTLY ASKED QUESTIONS

Does the 1954 Convention compel a

State to grant stateless persons entry
and/or residence?
No. The 1954 Convention does
not oblige States to admit
stateless persons to their
territory. However, in practice,
there may be no possibility of
return to the country of former
habitual residence of the
individual concerned or there
may be no such country.
FREQUENTLY ASKED QUESTIONS

Are States obliged to treat

stateless persons equal to their
own nationals?
 No. With respect to most
of the rights enumerated in the
1954 Convention relating to the
Status of Stateless Persons,
stateless persons should enjoy
at least the same rights
guaranteed to other non-
Photo courtesy of UNHCR
nationals.
 POE-LLAMANZARES VS. COMELEC
(G.R. No. 221697, March 8, 2016)

Universal Declaration of Human Rights ("UDHR") has been

interpreted by this Court as part of the generally accepted
principles of international law and binding on the State. Article 15
thereof states:
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.
The Philippines has also ratied the UN Convention on the Rights
of the Child (UNCRC). Article 7 of the UNCRC imposes the
following obligations on our country:
Article 7
1. The child shall be registered immediately after birth and
shall have the right from birth to a name, the right to
acquire a nationality and as far as possible, the right to
know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these
rights in accordance with their national law and their
obligations under the relevant international instruments in
this eld, in particular where the child would otherwise be
stateless.
In 1986, the country also ratied the 1966 International Covenant
on Civil and Political Rights (ICCPR). Article 24 thereof provide
for the right ofevery child "to acquire a nationality:"
Article 24
1. Every child shall have, without any discrimination as to
race, colour, sex, language, religion, national or social
origin, property or birth, the right, to such measures of
protection as are required by his status as a minor, on the
part of his family, society and the State.
2. Every child shall be registered immediately after birth
and shall have a name.
3. Every child has the right to acquire a nationality.
The common thread of the UDHR, UNCRC and ICCPR is to
obligate the Philippines to grant nationality from birth and
ensure that no child is stateless. This grant of nationality must
be at the time of birth, and it cannot be accomplished by the
application of our present naturalization laws, Commonwealth
Act No. 473, as amended, and R.A. No. 9139, both of which
require the applicant to be at least eighteen (18) years old.

Article 14
A child whose parents are both unknown shall have
thenationality of the country of birth.If the child's parentage
is established, its nationality shall be determined by the rules
applicable in cases where the parentage is known.
A foundling is, until the contrary is proved, presumed to have
been born on the territory of the State in which it was found.
(Underlining supplied)

The second is the principle that a foundling is presumed

born of citizensof the country where he is found, contained
in Article 2 of the 1961 United Nations Convention on the
Reduction of Statelessness:
Article 2
A foundling found in the territory of a Contracting State
shall, in the absence of proof to the contrary, be
considered to have been born within the territory of
parents possessing the nationality of that State.
 That the Philippines is not a party to the
1930 Hague Convention nor to the 1961
Convention on the Reduction of Statelessness
does not mean that their principles are not
binding. While the Philippines is not a party to
the 1930 Hague Convention, it is a signatory to
the Universal Declaration on Human Rights,
Article 15(1) of which eectively arms Article 14
of the 1930 Hague Convention. Article 2 of the
1961 "United Nations Convention on the
Reduction of Statelessness" merely "gives
eect" to Article 15(1) of the UDHR.
 DOCTRINE OF GENUINE AND
EFFECTIVE LINK

A person should be
eligible to receive citizenship
from states with which she
or he has a substantial
connection or a genuine and
eective link.
Afghan refugees receive idenLcaLon
cards in Pakistan
Photo courtesy of UNHCR