Human Rights

& Genuine Elections

By

BANTAY KARAPATAN SA HALALAN (BKH) 2016

 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,

Preamble, Universal Declaration of Human Rights

 LEARNING OBJECTIVES

At the end of this module, the

participants:
1. Understand, recognize and
demonstrate that human rights is what
makes each of us human;
2. Understand, recognize and
demonstrate that promoting and
protecting human rights is the basis for
genuine elections.
 Activities and Outline
Human Rights in Daily Life
Human Rights Concepts & Principles
1. Brief History towards the UDHR
2. Categories of Human Rights
3. Evolution / Development of HR
4. Duty Bearers & Claimholders
a. Duties & Obligations
b. PANTHER Principles to
Governance
c. Responsibilities
 Activities and Outline
Human Rights & Genuine Elections
1. International Basis: UDHR & ICCPR
2. Components of Genuine Elections

Implementing & Enjoying All HR for All

 HR in Daily Life Interactive Session

One participant names one activity s/he

does every day, while another tells the
corresponding human right.
 WORLD WAR II:
A War Against Aryan Supremacy

Discrimination
Tyranny, Oppression and Dictatorship
Holocaust
Rape of Nanjing
Japanese Atrocities in the Philippines
Bombing of Hiroshima
and Nagasaki
UN - UDHR
 Preamble of the Universal Declaration
of Human Rights (UDHR)
10 December 1948

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
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
 ICCPR ICESCR UN INTL COVENANTS
European, Vienna Declaration,
American June 1995
& African
Covenants UDHR

common standard of achievement Human Rights

Characteristics
Art. 3 Art.22-27 Art. 28-30 :
3 interrelated economic, duties to Universal
fundamental social and community
rights: life, cultural Indivisible
liberty and rights
security of
Interdependen
person t
Inter-related
INHERENT DIGNITY

EQUALITY & NON-DISCRIMINATORY

 GENERAL CIVIL & POLITICAL RIGHTS
More than half of the articles of the Universal
Declaration of Human Rights address civil and
political rights.
Two fundamental articles probihibit slavery and
torture.
Several articles relate to the fundamental
freedoms:
Right to freedom of thought and religion
Right to freedom of opinion and expression
Right to freedom of assemply and association
Right to take part in government
 Several articles deal with a fair trail
, i.e. the fundamental relation
between the individual and the
executive/legal system.

Right to recognition as a person before the law

Equality before the law
Right to an effective legal remedy
Right to public hearings
Right to the presumption of innocence
Ban on arbitrary detention
 Several articles spell out the place of the
individual in society:
Right to freedom of movement
Right to marriage and family
Right to privacy
Right to own property
Right to a nationality
 ECONOMIC, SOCIAL
& CULTURAL RIGHTS
To be progressively realized:
right at work,
the right to education,
cultural rights
the right to the highest attainable standard
of physical and mental health
the right to adequate housing,
the right to food,
the right to water
 State Obligations
Obligations to respect, protect and fulfill human rights:
The obligation to respect requires the state to refrain from doing
anything to violate the integrity of individuals. It is a prohibition
against state action and interference depriving an individual from
enjoying human rights.
The obligation to protect refers to state actions to prohibit third
parties or others from violating a persons rights. This is usually
through policy and legislative measures that regulate actions of third
parties to ensure protection of the human rights of individuals.
The obligation to fulfill requires states to take the necessary steps
to adopt laws and other measures to give effect to the rights provided
in the conventions.

This obligation to provide exists during natural disasters, wars

and crisis situations where the individuals, peoples and
communities live in circumstances where they cannot secure
these rights.
 Justiciability and HRVs
Violations of human rights maybe by commission
or by omission.
In relation to ESC rights, violations also occur
when:
states fail to satisfy minimum essential levels of
the rights
irrespective of the availability of resources in the
country concerned.
Distinguish between unwillingness and inability
of States
 DEVELOPMENT / EVOLUTION
OF HUMAN RIGHTS
Universal Declaration of Human Rights
(UDHR)
International Covenant on Civil and
Political Rights (ICCPR)
International Covenant on Economic,
Social and Cultural Rights (ICCPR)
[These three International HR Instruments
are known as the International Bill of
Rights.]
 PHILIPPINES AS STATE PARTY
Convention on the Elimination of Discrimination Against
Women (CEDAW)
Convention on the Rights of the Child (CRC)
Convention Against Torture (CAT)
International Convention on the Protection of Migrants
and Members of their Famililies (CMW)
Convention on the Rights of Persons with Disabilities
(CRPD)
International Convention on the Elimination of Racial
Discrimination (CERD)
International Humanitarian Law
Convention on the Rights of the Elderly
The Rights of a Child
The Rights of Women
The Rights of Indigenous Peoples
The Rights of Migrant Workers
& their Families
The Rights of the Elderly
The Rights of People With Disabilities
LGBT
Human Rights in Times of War and Conflict
The Right to the Environment
Development of
All Peoples
 PANTHER
PRINCIPLES
Mga Prinsipyo na Gabay
Sa Pamamahala at Kaunlaran
Batay sa Karapatang Pantao

[Rights-Based Approach to
Governance & Development]
PANTHER - PARTICIPATION

P
PAGLAHOK:
lahat ng
mamamayan;

lahat ng antas
ng desisyon
PARTICIPATION
 PARTICIPATION
Requisites for FREE PARTICIPATION:

People provided with FULL and

COMPLETE INFORMATION IN MEDIA
UNDERSTOOD IN TIMELY MANNER;
People encouraged to ORGANIZE
THEMSELVES;
AUTONOMY of peoples organizations
RESPECTED and PROTECTED AT ALL
TIMES; and
FORMAL MECHANISMS in place so
people may question decisions, bring
complaints, demand compensation or
restitution, and hold government
accountable Maria Socorro I. Diokno,
 Four Stages of Participation:
OHCHR Poverty Guidelines

1.Preference revelation (initial stage of

policy formulation)
2.Policy choice (decision making stage)
3.Implementation
4.Monitoring, Assessment and
Accountability
Pre conditions for participation
Practice of democracy (not limited to
electoral democracy)
Empowerment

Maria Socorro I. Diokno,

 PANTHER -
ACCOUNTABILITY

A
PANANAGUTAN:
Nasa Pamahalaan-
Tapat sa Pagtupad
ng Obligasyon;
Mga Mamamayan-
Isinasagawa mga
ACCOUNTABILITY Responsibilidad
 ACCOUNTABILITY

Examples of Claimholder Accountability:

Exercise good consumer practices (checking brands,
labels, contents, nutritive value)
Keep abreast of current/related events (actively seek
information, etc.)

Examples of Duty Bearer Accountability:

Oversight
No corruption/abuse
Set standards for food safety
Apply gender sensitive and gender responsive criteria
Regulate production, manufacture, sale of food
products

TIPS: ACT RESPONSIBLY AND DO NO HARM

CONCRETIZE OBLIGATIONS Maria Socorro I. Diokno,
 PANTHER - NON-
DISCRIMINATION

N
WALANG TINATANGI:
Lahat may kabahagi;
Pantay-pantay;
Ayon sa
NON- pangangailangan
DISCRIMINATION
NONDISCRIMINATION
Discrimination defined (GC 20)

ANY DISTINCTION, EXCLUSION,

RESTRICTION or PREFERENCE or
OTHER DIFFERENTIAL TREATMENT
that is DIRECTLY or INDIRECTLY
based on PROHIBITED GROUNDS
and which has INTENTION or
EFFECT of NULLIFYING or
IMPAIRING RECOGNITION,
ENJOYMENT or EXERCISE on EQUAL
FOOTING of human rights

Maria Socorro I. Diokno,

 NONDISCRIMINATION
PROHIBITED GROUNDS

Disability
Age
Nationality
Marital and family status
Sexual orientation and gender identity
Health status
Place of residency
Economic and social situation
MEMBERSHIP IN GROUP must be BASED on
SELF-IDENTIFICATION and includes ASSOCIATION
(consanguinity and/or affinity) or PERCEPTION by
others
Maria Socorro I. Diokno,
PANTHER - TRANSPARENCY

T
HAYAG:
Sa
Kilos,
Pamamaraan,
TRANSPARENCY
at Desisyon;
Walang Inililihim,
 TRANSPARENCY
SEE OPENLY into ALL ACTIVITIES

FULL, FREE and PUBLIC DISCLOSURE

of ALL DECISIONS, POLICIES, RULES,
etc.
Requisites:
Clear rules and procedures
High quality and full information
In easily understandable forms and media
Released on timely basis
Freely available and directly accessible to all

Includes access to and participation in

meetings Maria Socorro I. Diokno,
PANTHER - HUMAN DIGNITY

H
DANGAL NG TAO /
PAGKATAO:
Batayan
/pinanggagalingan ng
lahat ng karapatan.
HUMAN Dapat isaalang-alang,
DIGNITY itinataguyod.
 HUMAN DIGNITY
INTRINSIC VALUE or WORTH of
human person
BASIS of human rights
IMMUTABLE SAME at ALL PLACES at
ALL TIMES
NON-NEGOTIABLE and IRREVERSIBLE
QUESTIONS:
1. What actions facilitate claimholders to
overcome vulnerability?
2. Safeguards or safety nets?
3. How to measure human dignity

TIP: ENGAGE IN RISK ANALYSIS AND RISK

MANAGEMENT
Maria Socorro I. Diokno,
PANTHER - EMPOWERMENT

E
PINAPALAKAS ANG
MAMAMAYAN:
Kaalaman, kakayahan

at tiwala sa sarili
ipinapaunlad;
Desisyon ng karamihan
EMPOWERMENT ipinapatupad
 EMPOWERMENT
POWER to ACT for and on ones own
behalf to claim human rights

Emphasizes PEOPLES EFFORTS to

bring about necessary changes to
realize their human rights
QUESTIONS:
1. What will motivate claimholders to act?
2. What will facilitate claimholders making informed
decisions?
3. What will prevent actors from acting?
4. How to address this?
5. How to measure empowerment?

TIP: CONCRETIZE NORMATIVE

ENTITLEMENTS and FREEDOMS OF Maria
ACTIONSocorro I. Diokno,
Ang Hubugin ang Sariling Pagkatao at Kinabukasan
ay Isang Karapatang Pantao.
PANTHER - RULE OF LAW

R
PAG-IRAL NG BATAS:
Pantay ng pagkamit
ng katarungan at
Pamamaraan ng
paglutas at pag-apela;
Maging lunas ay dapat
RULE OF LAW tiyakin.
 RULE OF LAW
FAIR and JUST LEGAL FRAMEWORK
coupled with IMPARTIAL and
EFFECTIVE IMPLEMENTATION

Requisites:
Judiciary as FINAL ARBITER
INDEPENDENT judiciary IMPARTIAL, on BASIS
of FACT, in ACCORDANCE with law, WITHOUT
IMPROPER INFLUENCE or PRESSURE
Human rights standards GUARANTEED BY LAW
Available and accessible redress mechanisms

Associated with right of REPARATION

Maria Socorro I. Diokno,

 HR BASIS FOR GENUINE ELECTIONS
UDHR, Article 21; ICCPR, Article 25

UDHR, Article 21:

1. Everyone has the right to take part in the
government of her/his country, directly or through
freely chosen representatives.
2. Everyone has the right to equal accerss to
public service in her/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.
 HR BASIS FOR GENUINE ELECTIONS
ICCPR, Article 25:
Every citizen shall have the right and the opportunity,
without any of the distinctions mentioned in article 2 and
without unreasonable restrictions:
a. to take part in the conduct of public affairs, directly
or through freely chosen representatives;
b. to vote and to be elected in genuine periodic
elections which shall be by universal and equal
suffrage
c.
 OBLIGATIONS OF THE STATE
Respect, Protect, Fulfill:
1. The right to vote
2. The right to be elected
` 3. The right to participate in public affairs
4. The right to freedom of peaceful assembly
5. The right to freedom of association
6. The right to freedom of movement
7. The right to freedom of expression
8. The right to freedom of information
9. The right to non-discrimination
10. The right to security of person
11. The right to fair & public hearing
12. The right to remedy
13. The prevention of corruption
 OBLIGATIONS OF THE STATE
ELECTIONS
1. DEMOCRATIC
2. GENUINE
A. PROCESS (ICCPR, Art. 25)
a. Equal Suffrage
b. Secret Ballot
c. Universal Suffrage
d. Free of Corruption
B. FREE & FAIR
C. EXPRESSES TRUE WILL OF THE PEOPLE

Cfr. International Law Assess Elections

The Challenge:
creating through genuine elections a new
social, economic and political order
founded on the dignity of every human
person, to be progressively realized in
peace, justice and solidarity.
 Implementing & Enjoying HR
Interactive All HR for All
Form different classes or categories of
families (Informal sector, farmers, casual
workers, professionals, big business
executives, etc.)
Representatives of families form a line.
Rights are called out. If fulfilled in the
family, representative take a step forward.
Assess whether all have finished at the
same time or fulfilled all of the called rights.
BANTAY KARAPATAN
SA HALALAN 2016

Maraming Salamat Po!