Classification Of Human Rights Violations

Classification of Civil and Political Rights Human Rights Violation Universal Declaration of Human Rights International Covenant on Civil and Political Rights Other Major International Human Rights Instruments Domestic Laws
1987 Constitution Legislation
A. Civil Rights
1. Right to Life Arbitrary Deprivation of Life Article 3 Article 6 Art. 2,3,6 (1) Convention on the Rights of a Child (CRC) Art. III Sec. 1
  1. Revised Penal Code (RPC)
  2. RA 7659
  3. RA 7610
  4. RA 9262
  5. RA 9208
  6. RA 8177
  7. PD 603
  8. RA 8049
  9. RA 9165
Genocide Article 3 Article 6 Art. II & III UN Convention on the Prevention and Punishment of the Crime of Genocide Art. III (Bill of Rights) Sec. 1
Imposition of Death Penalty on Persons below 18 Years Old Article 3 Article 6 -5 Art. 37(a) Convention on the Rights of the Child; Art. 6 (4) Protocol II Art. III (Bill of Rights) Sec. 1 Art. 47, RPC, as amended by RA 7659
Imposition of Death Penalty on Pregnant Woman Article 3 Article 6 -5 Art. 6 (4) Protocol II Art. III (Bill of Rights) Sec. 1 Art. 83, RPC
Enforced Disappearance Article 3 Article 6 -5 Art. 1 of Declaration on the Protection of all Person from Enforced Disappearance Art. III (Bill of Rights) Sec. 1
Classification of Civil and Political Rights Human Rights Violation Universal Declaration of Human Rights International Covenant on Civil and Political Rights Other Major International Human Rights Instruments Domestic Laws
1987 Constitution Legislation
A. Civil Rights
2. Right to Liberty and Security Arbitrary/illegal detention Article 3 Art. 9 (1); Art. 10(1) Art. III Sec. 1, 2
Unlawful Arrest Article 3 Art. 9(4,5), 10(1) Art. 37 (b) CRC
Arbitrary / Illegal arrest Art. 9 Art. 9 (1) Art.16(4) PRMW Art. III Sec. 1
Solitary confinement Art. 10 Standard Minimum Rules on the Treatment of Prisoners (SMRTP) Art. III Sec. (1, 2) RA 7438
Incommunicado Standard Minimum Rules on the Treatment of Prisoners (SMRTP) Art. III Sec. (1, 2) RA 7438
Hamletting Protocol to Geneva Convention Relating to the Protection of Victims in Non-International War Art. 286 RPC;
Slavery / Involuntary Servitude Art. 4 Art. 8 Art. III Sec. 8
Forced/ Compulsory Labor Art. 23 Art. 8 (3) Art. III Sec. 8
Detaining a person on ground of inability to fulfill contractual obligation Art. 11 Art. 20 (1) PRMW Art. III Sec. 20
Trafficking
Classification of Civil and Political Rights Human Rights Violation Universal Declaration of Human Rights International Covenant on Civil and Political Rights Other Major International Human Rights Instruments Domestic Laws
1987 Constitution Legislation
A. Civil Rights
3. Right to Liberty of Movement Violation of the freedom of movement and residence within the state Art. 13 Art. 3 Sec. 6
Violation of the right to leave any country, including his own, and to return to his country Art. 13 Art. 12 (2,3 4)
Expulsion Art. 13
4. Right to Freedom from Arbitrary Interference Arbitrary interference with one’s privacy Art. 12 Art. 17 Art. III, Sec. 2
Arbitrary interference with one’s family/home Art. 12, 13 Art. 12, 17
Arbitrary interference with one’s correspondence Art. 12 Art. 17 Art. 3, Sec 3(1)
Classification of Civil and Political Rights Human Rights Violation Universal Declaration of Human Rights International Covenant on Civil and Political Rights Other Major International Human Rights Instruments Domestic Laws
1987 Constitution Legislation
A. Civil Rights
5. Freedom from Torture Torture Art. 5 Art. 7 Art. III

Maltreatment of Prisoner Art. 5 Art. 7 Art. 2, Sec. 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Art. III,

Violation on the right of a pregnant woman to be free from torture or any cruel and inhuman punishment Art. 7
6. Right to Freedom from Discrimination Violation of the right to equal protection of law Art. 1 & 7 Art. 3 Art. 3(1)
Discrimination on account of sex (Stipulation against married women) Art. I(1) CEDAW Art. 3, Sec. 1
Discrimination on employment and occupation Art. 23 (2) Art. XIII, Sec. 3 Art. 137 Labor Code
National/Racial Discrimination Art. 1, 2 Art.3 Sec. 1 Art. 3 Labor Code
Discrimination on Religion Art. 1, 2 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief Art.3 Sec. 1 Art. 26(4) Civil Code
Discrimination on account of age Art. 1, 2 Art. 24(1) Art. 2 CRC Art.3 Sec. 1 Art. 140 Labor Code
Classification of Civil and Political Rights Human Rights Violation Universal Declaration of Human Rights International Covenant on Civil and Political Rights Other Major International Human Rights Instruments Domestic Laws
1987 Constitution Legislation
A. Civil Rights
7. Right to Due Process Arbitrary Deprivation of Property Art. 17 (2) Art. 3 Secs. 1,9
Denial of the right of review by a higher tribunal of one’s conviction and sentence Art. 14(5) Art. 8 Sec. 5(2)
Double jeopardy Art 14 (7) Art. 3 Sec. 21 Rule 117, Sec. 7 Rules of Court
Denial of right to effective remedy by a competent national tribunal Art. 8 Art. 3 Sec. 11, 13 & 15
8. Rights of the Accused Violation of the right to be informed of the right to remain silent and to counsel Art. 14(3d) Art 40(2b) ii CRC Art. 3 Sec. 12(1) RA 7438
Violation of the right of the accused to informed promptly of the nature and cause of the charge against him Art 14(3a) Art. 3 Sec. 12(1)
Violation of the right to defend oneself in person or through legal assistance of his own choice Art. 14(3d) Art. 18(d) PRMW Art. III Sec. 12(1)
Violation of the right to be informed of his right to legal assistance and to have legal assistance assigned to him if he does not have or cannot afford one Art. 14(3d) Art. III Secs. 12(1) & 14 (2)
Violation of the right to have adequate time and facilities for the preparation of his defense and to communicate with counsel of choice Art 14. (3b) RA 7438
Deprivation of the right to visitation by counsel or members of the immediate family, medical doctor, priest or religious minister, diplomatic, consular representative of state to which they belong RA 7438, Sec.2 (f), Sec. 4(b)
Denial of the right to examine or have examined the witnesses against him and to obtain the attendance of a witness Art. 14(3e) Art. 3 Sec. 14(2)
Violation of the right not to be compelled to testify against himself or to confess guilt Art 14. (3g) Art. 3 Sec. 17
Violation of the right to be tried without undue delay Art. 14(3c) Art. 3, Sec. 14
Violation of the right to full equality to a fair and public hearing by an independent and impartial tribunal Art. 10 Art. 14 Art. 3 Sec. 14
Violation of the right to be presumed innocent until proved guilty Art. 11 Art. 14(2) Art. 3 Sec 14(2)
Violation of the right against conviction for any criminal offense which does not constitute a criminal offense under national or international law at the time it was committed Art.11(2) Art. 15(1) Art. 40.2(a) CRC Art. 3 sec. 22
Violation of the right to free assistance and interpreter Art. 14(3f) Sec. 9 SC Rules on Examination of a Child Witness
Violation of the Right of a Detained Child to be separated form Adult Art. 10 (2b), 3
Violation of the Right of a Child to Treat Detention/Imprisonment as last resort Art. 37(b) CRC Sec. 32, 34 SC Rule on Juveniles in Conflict with Law;
Violation of the Right of the Child to be detained the shortest appropriate period of time; Art. 10(1b) Art. 37(b) CRC Sec. 30(2) SC Rule on Juveniles in Conflict with Law
Violation of the Right of a Child to be treated in a manner consistent with child’s dignity Art. 40 CRC Sec. 30 SC Rule on Juveniles in Conflict with Law
Violation of the Right of a Child to Reintegration Art. 40 CRC SC Rule on Juveniles in Conflict with Law
Classification of Civil and Political Rights Human Rights Violation Universal Declaration of Human Rights International Covenant on Civil and Political Rights Other Major International Human Rights Instruments Domestic Laws
1987 Constitution Legislation
A. Civil Rights
9. Freedom of Religion Prohibition of free exercise of religion Art. 18 Art. 18 Art. 14, 20, 30 CRC;
10. Right to protection of Honor and Reputation Attack upon one’s honour and reputation Art. 12 Art. 19 (3a)
11. Right not to be deprive of property arbitrarily Arbitrary deprivation of Property Art. 17(2) Art. 1 (2) Art. 5 (d-v)(d-vi) CERD Art. 3, Sec. 1, 9
12. Right to Name and Nationality Arbitrary deprivation of nationality Art. 15 Art. IV sec 3
Violation of the right to acquire, change or retain nationality Art. 15 (1 & 2) R.A. 9225
Violation of the right of the child to acquire name and nationality Art. 24 (3) Arts. 7, 8 CRC
Violation on the Right of a woman to change or retain their nationality RA 9139;
Violation on the Right of a Woman to a name Art. 370-373 Civil Code
13. Right to Marry Violation of the right of persons of legal age to marry Art. 16 Art. 23 (2)
Violation of the right to freely choose a spouse with their free and full consent

  • Trafficking
  • Forced Marriage
Art. 16 Art. 23 (3) Art. 15(2)
Classification of Civil and Political Rights Human Rights Violation Universal Declaration of Human Rights International Covenant on Civil and Political Rights Other Major International Human Rights Instruments Domestic Laws
1987 Constitution Legislation
B. Political Rights
1 .Right to Self Determination a. Violation of the right to determine political status Art. 2 Art. 1 Art. 15, 40, 42 Civil Code;
2. Right to Freedom of Expression a. Violation of the freedom to hold opinion without interference Art. 19 Art. 19
b. Violation of the freedom to seek, receive and impart information and ideas through any media and regardless of frontiers Art. 19 Art. 18, 19 Art. 12, 13 CRC Art. 353, 354, 355, 356, 357, 358, 359 RPC
3. Right to Freedom of Assembly a. Prohibition, interruption and dissolution of peaceful meetings/ assembly Art. 20 (1) Art. 21 Art .III Sec. 4
b. Prohibition on the right to freedom of associations Art. 22
4. Right to take part in the government of his country a. Prohibition on the right to vote and be voted upon Art. 21 (3) Art. 25 (b) Art V Sec.1
b. Inequitable access to public service Art. 21(2) Art. 25(c) Art. 7(c) CEDAW Art. II Sec. 26
c. Violation of the right to take part in the conduct of public affairs (directly or through a chosen representative) Art. 21(1) Art. 25(a) Art. 7(b) , 8 CEDAW

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