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part of who we are or reason of our existence - Right to a healthy environment, Rights of Indigenous
3. Universal
Same regardless of race, color, sex and religion 2. According to Positive or Negative Rights
4. Indivisible and Interdependent NEGATIVE RIGHTS
- State are obligated to refrain from doing something
Cannot be divided or compartmentalized
Example
Article 3, 1987 Constitution, “No law shall...”
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Notes by: Rob Jane M. Solito
Bukidnon State University – College of Law
2018
HUMAN RIGHTS LAW | BUKIDNON STATE UNIVERSITY
INTERNATIONAL LAW VS HUMAN RIGHTS LAW Principle in International Law: PACTA SUNT SERVANDA
International Humanitarian Law and International Human Rights Law
- Every treaty enforced is binding by the parties and must be performed in
are two distinct but complementary bodies of law. They are both concerned
good faith
with the protection of the life, health and dignity of individuals. IHL applies in
- A latin term which means agreements must be kept. It is the principle in
armed conflict while human rights law applies at all times, in peace and in war.
international law which says that international treaties should be upheld
by all the signatories. The rule of pacta sunt servanda is based upon the
INTERNATIONAL LAW SOURCES principle of good faith.
SIMON V CHR CASE R.A 9344 “THE JUVENILE JUSTICE AND WELFARE ACT OF 2006”
CHR seizes order to prohibit Quezon City to demolish sari-sari store RA 9344 acknowledges the fact that most of the CICL have no proof of
along the road. age by presuming minority until otherwise proven.
It was held that CHR has no power and cannot issue TRO because it is The Act says that children 15 years of age and under are exempt from
not a court or a quasi-judicial body. Its function is only to investigate as to the criminal liability and those above 15 (plus one day) and below 18 years of age
civil and political rights of the people. are exempt unless they act with discernment -which is defined as the mental
capacity to understand the difference between right and wrong and its
KAREN VERTIDO CASE IN RELATION TO CONVENTION ON THE ELIMINATION OF consequences. A CICL who is 15 years or younger may be held civilly liable and
ALL FORMS OF DISCRIMINATION AGAINST WOMAN (CEDAW) has to undergo an intervention program, same as children that are above 15
It was alleged that filling rape case is easy. years and below 18 years and acted without discernment. Children above 15
And there was Gender Stereotype on the following grounds that must be and below 18 years old who have committed a crime – with discernment –
eliminated according to CEDAW: punishable with not more than 12 years of imprisonment shall undergo
diversion. Detention should only be considered as a last resort and only for the
Only timid girls get raped
shortest appropriate period. It should always be in youth detention homes.
She did not shout and asked for help
If a child is under 18 years old during the time of commission and found
The victim and accused knows each other
guilty of the crime the judgments will not be pronouncedyet and the sentence
Accused is older so he cannot successfully commit rape
will be suspended – but not without limits.
RA 9344 decriminalizes offences, which discriminates only against a
child as curfew violations, truancy and parental disobedience and exempts
children from crimes of vagrancy, prostitution, mendicancy and sniffing rugby.
The implementation of the law relies in many aspects on the local
government units. They also are mandated to formulate a Comprehensive
Juvenile Intervention Program