CHAPTER 4 SEVEN CORE INTERNATIONAL HUMAN RIGHTS TREATIES

4.1 INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF

RACIAL DISCRIMINATION (ICERD)

The Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was

adopted by the United Nations General Assembly (UNGA) on 21 December 1965 and
entered into force on 4 January 1969. As of April 2019, it has 88 signatories and 180
parties. The Philippines signed the Convention on 7 March 1966 and ratified it on 15
September 1967.1

The following instruments were considered in charting the ICERD: the United Nations
Declaration on the Elimination of All Forms of Racial Discrimination 2, Charter of the
United Nations, and Universal Declaration of Human Rights which were all passed by
the UN General Assembly; Convention Concerning Discrimination in Respect of
Employment and Occupation adopted by the International Labour Organisation (ILO) in
1958; and the Convention Against Discrimination in Education approved by the United
Nations Educational, Scientific and Cultural Organization (UNESCO) in 1960.
The ICERD defines racial discrimination as any distinction, exclusion, restriction or
preference based on race, color, descent, or national or ethnic origin which has the
purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an
equal footing, of human rights and fundamental freedoms in the political, economic,
social, cultural or any other field of public life.3
States Parties to the ICERD undertake to prohibit and eliminate racial discrimination
and guarantee the right of everyone, without distinction as to race, color, or national or
ethnic origin, to equality before the law, notably in the enjoyment of the following
rights: the right to equal treatment before the tribunals and all other organs
administering justice,  the right to security of person and protection by the State against
violence or bodily harm, and the right to participate in elections - to vote and to stand for
election.4
The right to freedom of movement and residence, the right to leave and return to one’s
country, the right to nationality, the right to marriage, the right to own property, the right
to inherit, the right to freedom of thought and conscience and religion, the right to
freedom of opinion and expression, the right to freedom of peaceful assembly and
association are the civil rights also guaranteed by the ICERD.5
1
UN Treaty Body Database.
2
United Nations General Assembly Resolution 1904 (XVIII) dated 20 November 1963.
3
Article 1, ICERD.
4
Article 5, ICERD.
5
Supra.
With respect to the economic, social and cultural rights, the ICERD guarantee the rights
to work, free choice of employment, just and favorable conditions of work, protection
against unemployment, equal pay for equal work, and just and favorable remuneration;
the right to form and join trade unions; the right to housing; and 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;  and 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.6 
4.1.1 Implementation of ICERD

(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines for a detailed discussion).

4.2 CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION

AGAINST WOMEN (CEDAW)

The Convention on the Elimination of all Forms of Discrimination Against Women

(CEDAW) is an international treaty adopted by the United Nations General Assembly.
Described as an International Bill of Rights for Women, it was signed on 18 December
1979 and instituted on 3 September 1981. One hundred eighty-nine (189) states signed,
ratified, acceded, or succeeded CEDAW. The Philippines signed it on 15 July 1980 and
ratified by the Senate on 5 August 1981.

In charting the CEDAW, like the ICERD, the Convention considered the UN Charter
which reaffirms the equal rights of men and women; Universal Declaration of Human
Rights which affirms the principle of the inadmissibility of discrimination particularly
discrimination against women; and International Covenant on Economic, Social,
Cultural Rights and International Covenant on Civil and Political Rights which have both
the obligation to ensure the equal right of men and women to enjoy all economic, social,
cultural, civil, and political rights.7
Discrimination Against Women shall mean any distinction, exclusion or restriction made
on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a
basis of equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.8

6
Supra.
7
Preamble, CEDAW.
8
Section 1, supra.
Women are basically equal with men in all domains of life. The CEDAW provides that
countries must take measures to uphold women's equality in the political, social,
economic, and cultural fields to ensure their full development and advancement for the
purpose of guaranteeing them the exercise and enjoyment of human rights and
fundamental freedoms on a basis of equality with men.

Specifically, countries may implement temporary special measures to accelerate

women's equality9 and may agree to modify or eliminate practices based on
assumptions about the inferiority or superiority of either sex10 and to take steps to
suppress the exploitation of prostitution and trafficking in women.11 Women have an
equal right to vote, hold public office, and participate in civil society.12 They have the
right to work at the international level without discrimination.13

Women have equal rights with men to acquire, change, or retain their nationality and
that of their children.14 They have equal rights with men in education, including equal
access to schools, vocational training, and scholarship opportunities. 15 They have equal
rights in employment, including without discrimination on the basis of marital status or
maternity.16 They have equal rights to affordable health care services17 and to family
benefits, financial credit, and participation in recreational activities.18

Rural women have the right to adequate living conditions, participation in development
planning, and access to health care and education.19 Women and men are equal before
the law as they have the legal right to enter contracts, own property, and choose their
place of residence.20 Finally, women have equal rights with men in matters related to
marriage and family relations.21

4.2.1 Implementation of CEDAW

The Optional Protocol to the Convention on the Elimination of all forms of Discrimination

9
Section 4, CEDAW, supra.
10
Section 5, supra.
11
Section 6, supra.
12
Section 7, supra.
13
Section 8, supra.
14
Section 8, supra.
15
Section 10, supra.
16
Section 11, supra.
17
Section 12, supra.
18
Section 13, supra.
19
Section 14, supra.
20
Section 15, supra.
21
Section 16, supra.
Against Women (OP-CEDAW) establishes complaint and inquiry mechanisms for the
violations of CEDAW.
(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines for a detailed discussion).

4.3 CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR

DEGRADING TREATMENT OR PUNISHMENT (CAT)

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment is an international human rights treaty that aims to prevent torture and other
acts of cruel, inhuman, or degrading treatment or punishment around the world. It was
adopted and opened for signature, ratification and accession by the United Nations
General Assembly Resolution No. 39/46 on 10 December 1984 and was signed on 4
February 1985 by eighty-three (83) States Parties. The Philippines acceded to CAT on
18 June 1986.

In drafting the CAT, the States Parties considered the principles proclaimed in the
Charter of the United Nations which recognized the equal and inalienable rights of all
members of the human family as the foundation of freedom, justice and peace in the
world. They also regarded the provisions in the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights, both of which provide that
no one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
The States Parties likewise considered the Declaration on the Protection of All Persons
from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, adopted by the General Assembly on 9 December 1975. 
Torture 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 kind, 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. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.22 
The States Parties are obligated to take effective measures to prevent acts of torture in
their territories. Torture cannot be justified by a state or threat of war, internal political
instability, other public emergency, or an order from a superior officer or a public
authority. A person cannot even be expelled, returned, extradited by a State Party to
22
Article 1, CAT.
another State where there are substantial grounds for believing that he would be in
danger of being subjected to torture.23

Further, they shall ensure that all acts of torture are offenses under its criminal law and
shall take such measures as may be necessary to establish its jurisdiction over such
offenses committed in any territory under its jurisdiction or on board a ship or aircraft
registered in that State or when the alleged offender is a national of that State or when
the victim is a national of that State if that State considers it appropriate.24 

They shall secure the custody of an alleged perpetrator when they are “satisfied, after
an examination of information available to them, that the circumstances so warrant;”
establish its jurisdiction over any persons found in its territory who are alleged to have
committed torture; extradite a suspected torturer, or if that is not possible, to prosecute
the individual; and include acts of torture as extraditable offences in every extradition
treaty to be concluded.25

They shall supply all evidence at their disposal necessary for criminal proceedings
against persons accused of torture and are required to ensure that all law enforcement
personnel, medical personnel, public officials and other persons who may be involved in
custody, interrogation or treatment of any person are trained regarding the prohibition
against torture, and that the rules relating to their duties incorporate the prohibition.26 

They shall ensure a prompt and impartial investigation of the acts of torture committed,27
ensure that their competent authorities proceed to a prompt and impartial investigation
of the same,28 ensure that victims of torture have a right to complain to competent
authorities,29 ensure in its legal system that the victim of an act of torture obtains
redress and has an enforceable right to fair and adequate compensation, 30 ensure that
any statement which is established to have been made as a result of torture shall not be
invoked as evidence in any proceedings, except in proceedings against an alleged
torturer.31

4.3.1 OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND

OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
(OPCAT)
23
Articles 2 and 3, supra.
24
Articles 4 and 5, supra.
25
Articles 6, 7 and 8, supra.
26
Articles 9 and 10, supra.
27
Article 11, supra.
28
Article 12, supra.
29
Article 13, supra.
30
Article 14, supra.
31
Article 15, supra.
The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment, otherwise known as Optional Protocol to the
Convention against Torture (OPCAT), is a treaty that supplements to the 1984 United
Nations Convention Against Torture. It was signed on 18 December 2002 and made
effective on 22 June 2006.

The objective of the present OPCAT is to establish a system of regular visits undertaken

by independent international and national bodies to places where people are
deprived of their liberty, in order to prevent torture and other cruel, inhuman or
degrading treatment or punishment.32

The OPCAT created a Subcommittee on Prevention of Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment of the Committee Against Torture
(Subcommittee on Prevention) which shall carry out the functions laid down in the
OPCAT.

4.3.2 Implementation

Articles 17-24 of the CAT created the Committee against Torture, including article 22
which allows for the Committee to receive and consider individual communications if a
declaration by the State Party is made. The OPCAT on the other hand established the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment of the Committee Against Torture.

(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines for a detailed discussion).

4.4 CONVENTION ON THE RIGHTS OF THE CHILD (CRC)33

The United Nations Convention on the Rights of the Child (CRC) is a

human rights treaty which enumerates the civil, political, economic, social, health and
cultural rights of children. The UN General Assembly adopted it on 20 November 1989.
It came into force on 2 September 1990.

Signed and ratified by 139 member states and one (1) non-member (Holy See),
acceded by forty-six (46) UN members and three (3) non-members (Cook Islands, Niue,
and State of Palestine), and accepted by one (1) member (Netherlands), the CRC

32
Article 1, OPCAT.
33
As summarized by UNICEF (United Nations Children's Fund, formerly (1946–53) United Nations International Children's
Emergency Fund) at unicef.org.
become the most widely ratified human rights treaty in history. While the United States
of America signed the treaty on 16 February 1995, it has never ratified the CRC.

The Philippines signed the CRC on 26 January 1990 and ratified it on 21 August 1990.

In adopting the Convention on the Rights of the Child, the UN General Assembly
(UNGA) took cognizant of the provisions concerning the child of the Charter of the
United Nations; the Universal Declaration of Human Rights; the International Covenants
on Human Rights; the Geneva Declaration of the Rights of the Child of 1924; the UN
General Assembly Declaration of the Rights of the Child of 1959; the International
Covenant on Civil and Political Rights; the International Covenant on Economic, Social
and Cultural Rights; the Declaration on Social and Legal Principles relating to the
Protection and Welfare of Children; the UN Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the
Protection of Women and Children in Emergency and Armed Conflict.

The CRC defines a child as every human being below the age of eighteen years (18)
unless under the law applicable to the child, majority is attained earlier.34 Thus,
everyone under the age of 18 has all the rights in the CRC. It applies to every child
without discrimination, whatever their ethnicity, gender, religion, language, abilities or
any other status, whatever they think or say, whatever their family background.35 The
best interests of the child must be a top priority in all decisions and actions that affect
children.36
The rights of the child include his right to life,37 right to an identity,38 right to be registered
at birth, and to have a name and nationality.39

Every child whose parents have separated have the right to stay in contact with both
parents, unless this could cause them harm. Children must not be separated from their
parents against their will unless it is in their best interests.40 He or she has the right to
express at all times their views, feelings and wishes in all matters affecting them, and to
have their views considered and taken seriously.41

He or she must be free to express his or her thoughts and opinions and to access all
kinds of information, as long as it is within the law.42 He has the right to think and
34
Article 1, Convention on the Rights of Child.
35
Article 2, supra.
36
Article 3, supra.
37
Article 6, supra.
38
Article 8, supra.
39
Article 7, supra.
40
Article 9, supra.
41
Article 12, supra.
42
Article 13, supra.
believe what they choose and also to practice their religion, as long as they are not
stopping other people from enjoying their rights.43 He or she has the right to meet with
other children and to join groups and organizations, as long as this does not stop other
people from enjoying their rights.44

He or she has the right to privacy,45 right to reliable information from a variety of
sources,46 and has the right to live a full and decent life with dignity and, as far as
possible, independence and to play an active part in the community. 47 He or she has the
right to the enjoyment of the highest attainable standard of health.48

Every child who has been placed by the competent authorities for the purposes of care,
protection or treatment of his or her physical or mental health, has the right to a periodic
review of the treatment provided to him or her and all other circumstances relevant to
his or her placement.49 He or she has the right to benefit from social security,50 right to a
standard of living that is good enough to meet his or her physical and social needs and
support his or her development.51

He or she has the right to an education. Primary education must be free and different
forms of secondary education must be available to every child. Discipline in schools
must respect children’s dignity and their rights.52 He or she has the right to learn and
use the language, customs and religion of his or her family, whether or not these are
shared by the majority of the people in the country where they live.53 And every child
has the right to relax, play and take part in a wide range of cultural and artistic activities.

The above rights of the child are nothing if the Governments of State Parties do nothing.
They must do all they can to make sure every child can enjoy their rights by creating
systems and passing laws that promote and protect children’s rights.54 They must also
respect the rights and responsibilities of parents to provide guidance and direction to
their child as they grow up, so that they fully enjoy their rights. This must be done in a
way that recognizes the child’s increasing capacity to make their own choices.55

43
Article 14, supra.
44
Article 15, supra.
45
Article 16, supra.
46
Article 17, supra.
47
Article 23, supra.
48
Article 24, supra.
49
Article 25, supra.
50
Article 26, supra.
51
Article 27, supra.
52
Article 28, supra.
53
Article 30, supra.
54
Article 4, supra.
55
Article 5, supra.
Therefore, the Governments have the duties and responsibilities towards the full
development of the children, thus, they must do all they can to ensure that children live,
survive and develop to their full potential.56

4.4.1 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE

CHILD ON A COMMUNICATIONS PROCEDURE (OPCP)

The Optional Protocol to the Convention on the Rights of the Child on a

communications procedure (OPCP) is a treaty entered into by the states that are party
to the Convention on the Rights of the Child. The OPCP was adopted by the United
Nations' General Assembly on 19 December 2011 and entered into force on 14 April
2014, following ratification by 10 states. As of September 2018, the Protocol has been
signed by 51 states and ratified or acceded by 41 states.

The OPCP establishes complaint and inquiry mechanisms for the Convention on the
Rights of the Child.

(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines for a detailed discussion).

4.4.2 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE

CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
(OPAC)

The Optional Protocol to the Convention on the Rights of the Child on the involvement
of children in armed conflict (OPAC), also known as Child Soldier Treaty, is
a multilateral treaty whereby states agree to: (1) prohibit the conscription into the
military of children under the age of 18; (2) ensure that military recruits are no younger
than 16; and (3) prevent recruits aged 16 or 17 from taking a direct part in hostilities.

The treaty also forbids non-state armed groups from recruiting anyone under the age of
18 for any purpose. It was adopted and opened for signature, ratification and accession
by UN General Assembly on 25 May 2000 and entered into force on 12 February 2002. 

In adopting the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict (OPAC), the UN General Assembly considered
the Convention on the Rights of the Child, Rome Statute of the International Criminal
Court, Twenty-sixth International Conference of the Red Cross and Red Crescent in
December 1995, and International Labor Organization Convention No. 182 on the

56
Article 6, supra.
Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor
in June 1999.

These instruments increase the protection of children from involvement in armed

conflict, prohibit the conscription and enlistment of children under the age of 15 years,
ensured that children below the age of 18 years do not take part in hostilities, and rule
out forced or compulsory recruitment of children for use in armed conflict.57 

Under this Protocol, it is the obligation of the States Parties: (a) not to allow members of
their armed forces who have not attained the age of 18 years to take a direct part in
hostilities; (b) ensure that persons who have not attained the age of 18 years are not
compulsorily recruited into their armed forces; (c)  raise the minimum age for the
voluntary recruitment of persons into their national armed forces; and (d) take all
feasible measures to prevent recruitment of persons under the age of 18 years or use in
hostilities by armed groups that are distinct from the armed forces of a State.58

4.4.3 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE

CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD
PORNOGRAPHY (OPSC)

The Optional Protocol to the Convention on the Rights of the Child on the sale of

children, child prostitution and child pornography (OPSC) is a protocol to the
Convention on the Rights of the Child and requires parties to prohibit the sale of
children, child prostitution and child pornography. It was adopted and opened for
signature, ratification and accession by UN General Assembly on 25 May 2000 and was
entered into force on 18 January 2002. 

In adopting the Optional Protocol to the Convention on the Rights of the Child on the
sale of children in armed conflict (OPAC), the UN General Assembly took into account,
first, the Convention on the Rights of the Child – For the purpose of achieving the aims
and implementing the provisions of this Convention on the children’s right to life, right
not to be taken out of his country and be prevented from returning, right against
unlawful adoption, right against economic exploitation, right against illegal use of drugs,
rights against sexual abuse, right against abduction, and right against other forms of
exploitation such as use of children for political or medical research purposes.

Second, the International Conference on Combating Child Pornography on the Internet,

held in Vienna in 1999 which calls for the worldwide criminalization of the production,

57
Preamble, OPAC.
58
Articles 1-7, except Article 5, supra.
distribution, exportation, transmission, importation, intentional possession and
advertising of child pornography, and stressing the importance of closer cooperation
and partnership between Governments and the Internet industry.

Third, the international legal instruments relevant to the protection of children such as
the Hague Convention on Protection of Children and Cooperation in Respect of Inter-
country Adoption; Hague Convention on the Civil Aspects of International Child
Abduction; Hague Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Cooperation in Respect of Parental Responsibility and Measures for
the Protection of Children; International Labor Organization Convention No. 182 on the
Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor;
Programme of Action for the Prevention of the Sale of Children, Child Prostitution and
Child Pornography; and Declaration and Agenda for Action adopted at the World
Congress against Commercial Sexual Exploitation of Children, held in Stockholm from
27 to 31 August 1996.59

This Protocol mandates the States Parties to prohibit the sale of children, child
prostitution and child pornography; ensure that the illegal acts of sexual exploitation,
child prostitution and child pornography are fully covered under its criminal or penal law;
shall take such measures as may be necessary to establish its jurisdiction over the said
offenses when they are committed in their territories or on board a ship or aircraft
registered in those States; shall recognize these offenses as to have been included as
extraditable offenses in any extradition treaty existing between States; and shall take all
necessary steps to strengthen international cooperation by multilateral, regional and
bilateral arrangements for the prevention, detection, investigation, prosecution and
punishment of those responsible for acts involving the sale of children, child prostitution,
child pornography and child sex tourism.60

4.5 INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF

ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES

The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families is a United Nations multilateral treaty governing the
protection of migrant workers and families. Signed and adopted by General Assembly
resolution on 18 December 1990, it entered into force on 1 July 2003 after the threshold
of 20 ratifying States was reached in March 2003. There are at present fifty-five (55)

59
Preamble, Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child
pornography.
60
Articles 1-10, except Article 2, supra.
Parties to the Convention including the Philippines which signed and ratified it on 15
November 1993 and 5 July 1995, respectively.

The UN General Assembly in adopting this Convention took into consideration the
principles embodied in the Universal Declaration of Human Rights; the International
Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil
and Political Rights; the International Convention on the Elimination of All Forms of
Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination
against Women; and the Convention on the Rights of the Child.

It also considered the principles and standards set forth in the International Labor
Organization, especially the Convention concerning Migration for Employment (No. 97),
the Convention concerning Migrations in Abusive Conditions and the Promotion of
Equality of Opportunity and Treatment of Migrant Workers (No. 143), the
Recommendation concerning Migration for Employment (No. 86), the Recommendation
concerning Migrant Workers (No. 151), the Convention concerning Forced or
Compulsory Labor (No. 29); and the Convention concerning Abolition of Forced Labor
(No. 105).

It likewise reaffirmed the importance of the principles contained in the Convention

against Discrimination in Education of the United Nations Educational, Scientific and
Cultural Organization; Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; Declaration of the Fourth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders; Code of Conduct
for Law Enforcement Officials; and the Slavery Conventions.

Finally, it recognized the importance of the work done in connection with migrant
workers and members of their families in the UN Commission on Human Rights; the
Commission for Social Development; the Food and Agriculture Organization; the United
Nations Educational, Scientific and Cultural Organization; and the World Health
Organization, as well as in other international organizations.61

This Convention is applicable to all migrant workers and members of their families
without distinction of any kind such as sex, race, color, language, religion or conviction,
political or other opinion, national, ethnic or social origin, nationality, age, economic
position, property, marital status, birth or other status.

It shall also apply during the entire migration process of migrant workers and members
of their families, which comprises preparation for migration, departure, transit and the

61
Preamble, The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
entire period of stay and remunerated activity in the State of employment as well as
return to the State of origin or the State of habitual residence.62

Migrant Worker refers to a person who is to be engaged, is engaged or has been

engaged in a remunerated activity in a State of which he or she is not a national. There
are several kinds of migrant worker: Frontier Worker, Seasonal Worker, Seafarer,
Worker on an Offshore Installation, Itinerant Worker, Project-Tied Worker, Specified-
Employment Worker, and Self-Employed Worker.

Frontier Worker is one who retains his or her habitual residence in a neighboring State
to which he or she normally returns every day or at least once a week; Seasonal
Worker is one whose work by its character is dependent on seasonal conditions and is
performed only during part of the year; and Seafarer, which includes a fisherman, is a
migrant worker employed on board a vessel registered in a State of which he or she is
not a national.

A migrant worker employed on an offshore installation that is under the jurisdiction of a

State of which he or she is not a national is called Worker on an Offshore Installation
while an Itinerant Worker is one who, having his or her habitual residence in one State,
has to travel to another State or States for short periods, owing to the nature of his or
her occupation. Project-tied Worker is a migrant worker admitted to a State of
employment for a defined period to work solely on a specific project being carried out in
that State by his or her employer.

Specified-employment Worker is a migrant worker who has been sent by his or her
employer for a restricted and defined period of time to a State of employment to
undertake a specific assignment or duty; or who engages for a restricted and defined
period of time in work that requires professional, commercial, technical or other highly
specialized skill; or who, upon the request of his or her employer in the State of
employment, engages for a restricted and defined period of time in work whose nature
is transitory or brief and who is required to depart from the State of employment either
at the expiration of his or her authorized period of stay, or earlier if he or she no longer
undertakes that specific assignment or duty or engages in that work.

Self-employed Worker is a migrant worker who is engaged in a remunerated activity

otherwise than under a contract of employment and who earns his or her living through
this activity normally working alone or together with members of his or her family, and to
any other migrant worker recognized as self-employed by applicable legislation of the
State of employment or bilateral or multilateral agreements.63

62
Article 1, supra.
63
Article 2, supra.
Further, Members of the Family are those persons married to migrant workers or having
with them a relationship that, according to applicable law, produces effects equivalent to
marriage, as well as their dependent children and other dependent persons who are
recognized as members of the family by applicable legislation or applicable bilateral or
multilateral agreements between the States concerned.64

State of Origin means the State of which the person concerned is a national. State of
Employment means a State where the migrant worker is to be engaged, is engaged or
has been engaged in a remunerated activity, as the case may be. And State of Transit
means any State through which the person concerned passes on any journey to the
State of employment or from the State of employment to the State of origin or the State
of habitual residence.65

4.5.1. Human Rights of All Migrant Workers and Members of their Families 66

Migrant workers and members of their families shall have the right at any time to enter,
remain in, and leave their State of origin or any State. Their right to life shall be
protected by law. They shall not be subjected to torture or to cruel, inhuman or
degrading treatment or punishment, neither shall they be held in slavery or servitude nor
shall he or she be required to perform forced or compulsory labor.

These workers and their family members shall have the right to freedom of thought,
conscience and religion. They shall have the right to freedom of expression and to hold
opinions without interference. They shall not be subjected to arbitrary or unlawful
interference with their privacy, family, home, correspondence or other communications,
or to unlawful attacks on their honor and reputation. And they shall not be arbitrarily
deprived of property, whether owned individually or in association with others.

They shall also have the right to liberty and security of person, the right to equality with
nationals of the State concerned before the courts and tribunals, and those who are
deprived of their liberty shall be treated with humanity and with respect for the inherent
dignity of the human person and for their cultural identity. Those who are charged with a
criminal offence shall have the right to be presumed innocent until proven guilty
according to law.

In the determination of any criminal charge against them, they shall be entitled to the
following minimum guarantees: (a) to be informed of the nature and cause of the charge
against them; (b) to have the right to counsel of their own choosing; (c) to be tried

64
Article 4, supra.
65
Article 6, supra.
66
Articles 8-28, supra.
without undue delay; (d) to be tried in their presence and to defend themselves in
person or through legal assistance of their own choosing; (e) to be informed, if they do
not have legal assistance, of this right; (f) to have legal assistance assigned to them; (g)
to examine or have examined the witnesses against them and to obtain the attendance
and examination of witnesses on their behalf under the same conditions as witnesses
against them; (h) to have the free assistance of an interpreter; and (i) not to be
compelled to testify against themselves or to confess guilt.

Further, they shall have the right against ex post facto law and bill of attainder under
national or international law. They shall not be imprisoned merely on the ground of
failure to fulfil a contractual obligation. They shall not be subject to measures of
collective expulsion as they shall have the right for the protection and assistance of the
consular or diplomatic authorities of their State of origin. They shall have the right to
recognition everywhere as persons before the law.

Their right to join and participate in meetings and activities of trade unions and other
associations and to seek the aid and assistance of such organizations shall not be
abridged. With respect to social security, they shall enjoy in the State of employment the
same treatment granted to nationals in so far as they fulfil the requirements provided for
by the applicable legislation of that State and the applicable bilateral and multilateral
treaties. They shall have the right to receive any medical care that is urgently required
for the preservation of their life or the avoidance of irreparable harm to their health on
the basis of equality of treatment with nationals of the State concerned.

The children of the migrant workers shall have specific rights to a name, registration of
birth, and a nationality. They shall also have access to education, respect for their
cultural identity, and right to transfer their earnings and savings and personal effects
and belongings upon termination of employment.

The State of origin, the State of employment, or the State of transit shall have the
obligations to inform these migrant workers and their family members of their rights
under the Convention such as the conditions of their admission, their rights and
obligations under the law and practice of the State concerned, and such other matters
as will enable them to comply with administrative or other formalities in that State. They
shall take all measures they deem appropriate to disseminate the said information or to
ensure that it is provided by employers, trade unions or other appropriate bodies or
institutions.67

67
Articles 29-33, supra.
And finally, they shall have the right to liberty of movement in the territory of the State of
employment and freedom to choose their residence there;68 the right to participate in
public affairs of their State of origin and to vote and to be elected at elections of that
State,69 however, they may enjoy political rights in the State of employment if that State,
in the exercise of its sovereignty, grants them such rights.70

States Parties undertake, in accordance with the international instruments concerning

human rights, to respect and to ensure to all migrant workers and members of their
families within their territory or subject to their jurisdiction the rights provided for in the
present Convention without distinction of any kind such as sex, race, color, language,
religion or conviction, political or other opinion, national, ethnic or social origin,
nationality, age, economic position, property, marital status, birth or other status.71

4.5.2 Implementation

(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines for a detailed discussion).

4.6 CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

The Convention on the Rights of Persons with Disabilities (CRPD) is an international

human rights treaty adopted by the United Nations General Assembly intended to
protect the rights and dignity of people with disabilities. It was signed by one hundred
sixty-three (163) States on 30 March 2007 and entered into force on 3 May 2008. The
Philippines signed the Convention on 25 September 2007 and ratified it on 15 April
2008.

As in the other international convention on human rights, the UN General Assembly, in

enacting the Convention on the Rights of Persons with Disabilities (CRPD), recalled the
human rights principles proclaimed in the UN Charter; the Universal Declaration of
Human Rights; the International Covenant on Economic, Social and Cultural Rights; the
International Covenant on Civil and Political Rights; the International Convention on the
Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of
All Forms of Discrimination against Women; the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights
of the Child; and the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.

68
Article 38, supra.
69
Article 39, supra.
70
Article 40, supra.
71
Article 7, supra.
It also recognized the importance of the principles and policy guidelines contained in the
World Programme of Action concerning Disabled Persons and in the Standard Rules on
the Equalization of Opportunities for Persons with Disabilities in influencing the
promotion, formulation and evaluation of the policies, plans, programs and actions at
the national, regional and international levels to further equalize opportunities for
persons with disabilities.72

Persons with disabilities (PWD’s) include those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may hinder
their full and effective participation in society on an equal basis with others. 73 They shall
have all human rights and fundamental freedoms which the States Parties undertake to
ensure and promote their full realization without discrimination of any kind on the basis
of disability.

The PWD’s like any other human beings possess the following rights: (a) Equality
before the law without discrimination;74 (b) Right to life, liberty and security of the
person;75 (c) Equal recognition before the law and legal capacity;76 (d) Freedom from
torture;77 (e) Freedom from exploitation, violence and abuse;78 (f) Right to respect
physical and mental integrity;79 (g) Freedom of movement and nationality;80 (h) Right to
live in the community;81 (i) Freedom of expression and opinion;82 (j) Respect for
privacy;83 (k) Respect for home and the family;84 (l) Right to education;85 (m) Right to
health;86 (n) Right to work;87 (o) Right to adequate standard of living;88 (p) Right to
participate in political and public life;89 and (q) Right to participation in cultural life.90

The persons with disabilities are regarded equal before the law and are entitled without
any discrimination to the equal protection and equal benefit of the law. They have the

72
Preamble, Convention on the Rights of Persons with Disabilities.
73
Supra.
74
Article 5, supra.
75
Articles 10 and 14, supra.
76
Article 12, supra.
77
Article 15, supra.
78
Article 16, supra.
79
Article 17, supra.
80
Article 18, supra.
81
Article 19, supra.
82
Article 21, supra.
83
Article 22, supra.
84
Article 23, supra.
85
Article 24, supra.
86
Article 25, supra.
87
Article 27, supra.
88
Article 28, supra.
89
Article 29, supra.
90
Article 30, supra.
inherent right to life. They have the right to recognition everywhere as persons before
the law and enjoy legal capacity on an equal basis with others in all aspects of life. They
have access to justice and enjoy the right to liberty and security of person and freedom
from exploitation, violence and abuse. They cannot be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.

They can move freely and choose their residence and acquire and change their
nationality. They can exercise their right to freedom of expression and opinion. They
cannot be subjected to arbitrary or unlawful interference with their privacy. They can
marry and found a family, decide on spacing of their spacing, and retain their fertility.
They and their children shall enjoy inclusive, quality, and free compulsory primary and
secondary education which include the learning of Braille, sign language, and other
modes of communication. The can access general tertiary education, vocational
training, adult education and lifelong learning without discrimination and on an equal
basis with others.

They have the right to the enjoyment of the highest attainable standard of health as they
shall be provided with free or affordable health care and services. To attain and
maintain maximum independence, full physical, mental, social and vocational ability,
and full inclusion and participation in all aspects of life, they shall be extended
comprehensive habilitation and rehabilitation services and programs. Their right to work
includes the right to the opportunity to gain a living by work freely chosen or accepted in
a labor market and work environment that is open, inclusive and accessible to them.
There must not be any discrimination in all forms of employment, conditions of work,
union rights, career advancement, and employment in public sector.

They shall enjoy an adequate standard of living for themselves and their families,
including adequate food, clothing and housing, and to the continuous improvement of
living conditions. They shall also enjoy social protection where they are assured of
equal access to clean water services, public housing, and retirement benefits and
programs. Their participation in political and cultural life including recreation, leisure and
sport is guaranteed. They can vote and be elected. They can enjoy access to cultural
materials and entertainment programs in accessible formats. And they can go to places
for cultural performances such as theatres, museums, cinemas, libraries and tourism
services, and, as far as possible, enjoy access to monuments and sites of national
cultural importance.

To enable them to live independently and participate fully in all aspects of life, States
Parties shall take appropriate measures to ensure to persons with disabilities access to
the physical environment, to transportation, to information and communications,
including information and communications technologies and systems, and to other
facilities and services open or provided to the public, both in urban and in rural areas. 91
In situations of risk and humanitarian emergencies, including situations of armed
conflict, humanitarian emergencies and the occurrence of natural disasters, they shall
take, in accordance with their obligations under international law, including international
humanitarian law and international human rights law, all necessary measures to ensure
the protection and safety of persons with disabilities.92

4.6.1 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF

PERSONS WITH DISABILITIES

The Optional Protocol to the Convention on the Rights of Persons with Disabilities was
adopted during the sixty-first session of the UN General Assembly on 30 March 2007
and entered into force on 3 May 2008. There were 94 States signatories. The
Philippines did not sign the Optional Protocol.

The Optional Protocol lays down the mechanics of receiving communications from or on
behalf of individuals or groups of individuals subject to its jurisdiction who claim to be
victims of a violation of the provisions of the Convention.

4.6.2 Implementation

(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines for a detailed discussion).

4.7 INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS

FROM ENFORCED DISAPPEARANCE

The International Convention for the Protection of All Persons from Enforced
Disappearance (CPPED) is an international human rights treaty intended to prevent
forced disappearance defined in international law as a crime against humanity. It was
adopted on 20 December 2006 during the sixty-first session of the General Assembly.
Signed by ninety-eight (98) States Parties, the Convention entered into force on 23
December 2010. The Philippines neither sign nor ratify or accede the Convention.

In adopting the International Convention for the Protection of All Persons from Enforced
Disappearance, the UN General Assembly considered the Charter of the United
Nations; the Universal Declaration of Human Rights; the International Covenant on
Economic, Social and Cultural Rights; the International Covenant on Civil and Political
Rights; and the Declaration on the Protection of All Persons from Enforced

91
Article 9, supra.
92
Article 11, supra.
Disappearance adopted by the General Assembly of the United Nations on 18
December 1992, and the other relevant international instruments in the fields of human
rights, humanitarian law and international criminal law, which all promote universal
respect for, and observance of, human rights and fundamental freedoms.
Enforced disappearance is considered to be the arrest, detention, abduction or any
other form of deprivation of liberty by agents of the State or by persons or groups of
persons acting with the authorization, support or acquiescence of the State, followed by
a refusal to acknowledge the deprivation of liberty or by concealment of the fate or
whereabouts of the disappeared person, which place such a person outside the
protection of the law.93
It is the right of all persons not to be subjected to enforced disappearance and be held
in secret detention.94 No exceptional circumstances whatsoever, whether a state of war
or a threat of war, internal political instability or any other public emergency, may be
invoked as a justification for enforced disappearance.95  
The States Parties to the Convention shall take appropriate measures to investigate
acts of enforced disappearance committed by persons or groups of persons acting
without the authorization, support or acquiescence of the State and to bring those
responsible to justice. They shall ensure that enforced disappearance constitutes an
offence under its criminal law and shall take the necessary measures to hold those
criminally responsible for enforced disappearance. 96 
4.7.1 IHL and ICRC
The CPPED is without prejudice to the provisions of International Humanitarian Law
(IHL), including the obligations of the State Parties to the four Geneva Conventions of
12 August 1949 and the two Additional Protocols thereto of 8 June 1977, or to the
opportunity available to any State Party to authorize the International Committee of the
Red Cross ICRC) to visit places of detention in situations not covered by International
Humanitarian Law.97

4.7.2 Implementation

(See Chapter 11, Implementation of International Human Rights Law and Human
Rights Law in the Philippines for a detailed discussion).

93
Article 2, supra.
94
Article 17, supra.
95
Article 1, supra.
96
Articles 3 to 25, except Articles 5, 15, and 17, supra.
97
Article 43, supra.