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IHUMANRIGHTS

A Free and Open web-based monitoring tool for tracking progress of the Philippines' implementation of the UPR, Treaty Bodies, Special Procedures & other HR Mechanisms Recommendations.

IHUMANRIGHTS A Free and Open web-based monitoring tool for tracking progress of the Philippines' implementation of the UPR, Treaty Bodies, Special Procedures & other HR Mechanisms Recommendations. Logo

International Mechanisms

The UNIVERSAL DECLARATION OF HUMAN RIGHTS

INTERNATIONAL HUMAN RIGHTS TREATIES

  • The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
    • Expounds on the meaning of relevant terms such as but not limited to: members of the family, migrant workers, state of origin, state of employment, state of transit. Furthermore, it explains the basic rights of migrant workers and their families and the protection that they are entitled to under the convention. Some of the rights covered are: employment, medical care, registration, access to education, equal treatment, respect for cultural identity, and the right of their families to be informed on their admission and adequate information upon request to migrant workers and their families.
    • https://www.ohchr.org/Documents/ProfessionalInterest/cmw.pdf
  • The International Covenant on Civil and Political Rights
  • International Convention on the Elimination of All Forms of Racial Discrimination
    • Specifies the term “racial discrimination” specifically for the Convention. Furthermore, it tasks the State Parties to take all necessary actions to condemn racial discrimination, review effective measures to ensure that all public authorities and institution act within its obligation in the Convention.
    • https://www.ohchr.org/Documents/ProfessionalInterest/cerd.pdf
  • Convention on the Elimination of All Forms of Discrimination against Women
    • Explains the term “discrimination against women” specifically for the Convention. Furthermore, in order to strengthen the elimination of discrimination against women, the Convention suggest the States Parties to: embody the principle of equality of men and women in their consitutions, adopt appropriate legislative measues, refrain from engaging in any act of discrimination, among other things.
    • https://www.ohchr.org/Documents/ProfessionalInterest/cedaw.pdf
  • Convention against the Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    • In their motivation for effective action against torture or any other degrading punishment, the word “torture” is the Convention is thoroughly explained. Furthermore, it suggests to each State Party: to take effective actions to prevent acts of torture, no exceptions be made that may invoke a justification of toture and that all acts of torture should be offences under criminal law.
    • https://www.ohchr.org/Documents/ProfessionalInterest/cat.pdf
  • Convention on the Rights of the Child
    • For the purpose of the Convention, thorough description of the word ‘child’ is explained. It goes on to specify the actions needed to be taken by State Parties to ensure that a child is protected against all forms of discrimination and punishment, and that in all actions concerning the children, their best interest shall be the primary consideration.
  • The International Convention for the Protection of All Persons from Enforced Disappearance
    • Specifies the term for “enforced disappearance” for its use in the Convention. Suggest that State Parties take all measures necessary to ensure that the systematic practice of enforced disappearance will have consequences provided under international law. It also has articles to hold individuals who are criminally responsible for the act.
    • https://www.ohchr.org/Documents/ProfessionalInterest/disappearance-convention.pdf
  • Convention on the Rights of Persons with Disabilities
  • International Covenant on Economic, Social, and Cultural Rights
    • Expounds on the right to self determination. It contains the state obligations and international implementation mechanisms to ensure that the rights of men and women are respected and protected by the State Parties included in the Covenant.
    • http://www.pwescr.org/PWESCR_Handbook_on_ESCR.pdf

INTERNATIONAL LABOR ORGANIZATION CONVENTIONS, RECOMMENDATIONS AND DECLARATIONS

OTHER INTERNATIONAL INSTRUMENTS AND MECHANISMS RELEVANT TO MIGRANTS AND THEIR FAMILIES

  • United Nations Convention against Transnational Organized Crime and its Protocols
  • Slavery Convention and the Supplemantary Convention on the Abolition of Slavery, the Slave Trade, Institutions and Practices Similar to Slavery
    • Expresses the responsibilities that each of the State Parties take all practiceable and necessary measures to bring about progressively and if possible the complete abolition of practices that are covered by the definition of slavery contained in article 1 of the Slavery Convention.
    • https://www.ohchr.org/Documents/ProfessionalInterest/slaverytrade.pdf
  • Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
    • The Protocol provides an internationally recognized definition of human smuggling which focuses on procuring the illegal entry of a foreign national into the territory of a State Party in exchange for financial or other material benefit. The Protocol requires State Parties to establish criminal liability for human smuggling and to adopt other cooperative and preventative measures to deter it. Victims of human smuggling, however, are explicitly excluded from criminal liability under the Protocol and are instead entitled to protection and assistance measures. Article 19 of the Protocol precludes any effect of the Protocol on international humanitarian and human rights law obligations and specifically mentions the 1951 Convention and 1967 Protocol Relating to the Status of Refugees in that provision.
    • https://www.unhcr.org/4986fd6b2.pdf
  • Declaration on the Human Rights of Individuals who are not Nationals of the Country in which They Live (A/RES/40/144)
    • Carefully defines the word ‘alien’ for the purpose of the Declaration. The Declaration contains both the specific rights of the host state and aliens in the host state with regards to their accountability within the domestic law and international obligations of the State.
    • https://www.un.org/documents/ga/res/40/a40r144.htm
  • Durban Declaration and Programme of Action
    • As stated by Ms. Robinson in its foreword, the Declaration seeks to address the past and contemporary forms of racial discrimination, while the Programme of Action provides itself as a road-map on how the international community should proceed with the commitments stated in the Declaration.
    • https://www.ohchr.org/Documents/Publications/Durban_text_en.pdf
  • Recommended Principles and Guidelines on Human Rights and Human Trafficking - Report on the United Nations High Commissioner for Human Rights to the Economic and Social Council (E/2002/68/Add.1)
    • As with other Conventions, Declarations, and Covenants, it seeks to further promote its State Parties to continue to take steps to further the measures adopted for the purpose of preventing and combating trafficking of persons.
    • https://undocs.org/E/2002/68/Add.1
  • Resolution 2005/47 on Human Rights of Migrants (E/CN.4/RES/2005/47)
    • Seeks to encourage all Member States to take into account their migration policies in accordance to the global character of the current migration phenomenon that we are experiencing today. Moreover, it also expresses its concern on programs adopted by some that restricts the rights and freedoms of migrants.
    • https://www.refworld.org/docid/429c53ba4.html
  • Protection of Migrants (A/RES/59/194)
  • The International Bill of Rights
    • Combination of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights. In sum, it calls upon Member States to promote the realization of the right to self-determination and to respect it, using the 3 main documents that build up the International Bill of Rights.
    • https://www.ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf
  • Vienna Declaration on Human Rights
  • The Vienna Declaration and Programme of Action, adopted in June 1993 at the World Conference on Human Rights, recommends that States consider the desirability of drawing up a national action plan identifying steps whereby States would improve the promotion and protection of human rights: A/CONF.157/23; part II, para. 71.

THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS (NHRIs) IN THE PROMOTION AND PROTECTION OF THE RIGHTS OF MIGRANTS AND THEIR FAMILIES

  • Paris Principles
    • Describes the six (6) main principles and characteristics that all National Human Rights institutions (NHRIs) should follow or maintain - a broad mandate, autonomy from the government, pluralism, independence, adequate powers of investigation,and adequate resources.
    • http://www.ennhri.org/The-Paris-Principles
  • Kandy Declaration and Program of Action
    • Observed by various agencies, both local and international, the members of the Asia Pacific Forum of National Human Rights Institutions joined by other non-government agencies met in Kandy, Sri Lanka to strengthen their cooperation and develop a plan of action to protect and promote human rights in the region. It highlighted continued cooperation and commitment from all agencies and institutions present in order to fulfil their mandate.
  • https://nhri.ohchr.org/EN/Regional/AsiaPacific/Workshops/Kandy%20Program.pdf
  • Zacatecas Declaration
  • Santa Cruz Declaration
    • With respect to massive displacement of people, the NHRIs renewed their commitments expressed in the Santa Cruz Declaration on the role of NHRIs and migration of 2006 and welcomed the commitments expressed in the Belgrade Declaration on the protection and promotion of the rights of refugees and migrants of 2015.
  • http://www.mnhrc.org.mm/en/2016/04
  • Seoul Statement; International Conference on Human Rights of Migrants and Multicultural Society
    • It is a ten-point statement on the Development of Occupational Health Services for All which puts emphasis on the need for Occupational Health Services. These include training, education,and increased global cooperation.
    • http://www.icohweb.org/site/news-detail.asp?id=111
  • Seoul Guidelines on the Cooperation of NHRIs for the Promotion and Protection of Human Rights of Migrants in Asia
    • The Seoul Guidelines include a variety of principles and procedures for ensuring the human rights of migrants through international cooperation among NHRIs in countries of origin and destination. Included in the Guidelines are specific mechanisms and activities aimed at promoting cooperation of NHRIs in Asia on migrant issues. These include the prevention of human rights infringements through enhanced human rights education provided to migrants by NHRIs in both the countries of origin and destination; development and enhancement of effective procedures and systems of relief in the event of human rights violations; enhancement of human rights promotion through the international exchange of NHRI officers; collaborative campaigns aimed at promoting the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; and active participation in international human rights mechanisms regarding migrants.
    • https://www.humanrights.go.kr/site/program/board/basicboard/view?&boardtypeid=7013&currentpage=1&menuid=002002005&pagesize=10&searchcategory=policy&boardid=7001071
  • Rabat Declaration
    • the participants gathered in Rabat, Morocco, from 26 to 28 November 2012 at the international conference “Making Slums History: a worldwide challenge for 2020”, under the High Patronage of His Majesty the King to review and share global progress in improving the living conditions of slum dwellers between 2000 and 2010 and devise a strategy for inclusive, sustainable and prosperous cities
    • https://unhabitat.org/rabat-declaration/
  • National Human Rights Institutions: Recommendations for Effective Protection and Promotion of Human Rights; Amnesty International; 2001; Recommendation 3.7.
    • NHRIs should be mindful of their official position within state structures and communicate their recommendations confidently and with the expectation that the executive part of government, or the prosecuting authorities, should implement them. NHRIs should open strong and effective methods of communication with all agencies of government, the prosecuting authorities and the judiciary in order to promote their recommendations, and should ensure compliance with recommendations, and not accept recommendations being ignored. NHRIs should also make recommendations to parts of the state, for example, the judiciary and the legislative organs.
    • https://www.amnesty.org/download/Documents/128000/ior400072001en.pdf
  • Edinburgh Declaration
    • Encourages various human rights institutions and groups to undertake efforts to promote, educate, and research on the state of human rights in various global regions, to thoroughly monitor violations and ensure that mechanisms are in place to ensure social justice, and to mediate between corporations, unions, governments, and victims, as well as to assist victims to seek compensation.
    • https://www.ohchr.org/Documents/AboutUs/NHRI/Edinburgh_Declaration_en.pdf
  • Nairobi Declaration
    • A declaration put forward by representatives of a range of public, civil society, private, local, regional, international agencies, and governmental and non-governmental organisations meeting in Nairobi, Kenya at the 9th International Conference on Community-Based Adaptation (CBA9).
    • At CBA9, participants discussed methods for measuring the effectiveness of adaptation to climate variability and change for the poorest and most vulnerable.
    • Based on discussions, lessons learned and outcomes of this conference, participants of CBA9 present the Nairobi Declaration, which states the importance of addressing the needs and interests of the poorest and most vulnerable in international agreements on sustainable development, development finance and climate change.
    • https://pubs.iied.org/G03919/
  • National Human Rights Institutions: History, Principles, Roles and Responsibilities; Professional Training Series No. 4 (Rev. 1); OHCHR; 2010
    • The publication aims to cover how National Human Rights Institutions (NHRIs) operate - fulfilling the role to promote and protect human rights, to advising governments and legislation to be in line with these inherent rights, to monitor and address any and all violations, and to identify challenges and opportunities for strengthening their development and capability to fulfill their mandate.
    • https://www.ohchr.org/Documents/Publications/PTS-4Rev1-NHRI_en.pdf
  • Preventing Torture: An Operational Guide for National Human Rights Institutions; Asia Pacific Forum of National Human Rights Institutions, Association for the Prevention of Torture and the Office of the United Nations High Commissioner for Human Rights; 2010
    • The guide aims to present the legal framework to prevent torture, as well as the international and local instruments available and created to do so. It also outlines the various steps that National Human Rights Instruments (NHRIs) can undertake to fulfill their duty of preventing torture and other acts as such
    • https://www.ohchr.org/Documents/Publications/PreventingTorture.pdf
  • National Human Rights Institutions: Best Practice; Commonwealth Secretariat; 2001 Training Manual on Human Rights Monitoring; Professional Training Series No. 7; OHCHR; 2001
    • seeks to integrate and consolidate existing expertise on the subject of human rights monitoring.
    • incorporates the experience and materials developed by the Office of the High Commissioner for Human Rights in providing training on human rights monitoring to United Nations and other international staff (including UNCRO, UNPREDEP and UNPROFOR staff in the Former Yugoslavia in 1995, OSCE staff in Bosnia and Herzegovina in 1996, and the training programmes for peace-keeping personnel organized by OHCHR since 1996 at the UN Staff College), as well as the experience of the various field offices established under the High Commissioner’s responsibility and entrusted with a monitoring mandate, including Cambodia, the Democratic Republic of Congo, Burundi, Colombia, Bosnia and Herzegovina, the Federal Republic of Yugoslavia, and Croatia.
    • complemented by a Trainer’s Guide which is intended to assist trainers in preparing human rights officers to effectively and professionally perform human rights monitoring functions, and to apply the methodology contained in the Manual to their specific tasks
    • https://www.ohchr.org/Documents/Publications/training7Introen.pdf
  • Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Professional Training Series No. 8; OHCHR; 2001
    • intended to serve as international guidelines for the assessment of persons who allege torture and ill-treatment, for investigating cases of alleged tor- ture and for reporting findings to the judiciary or any other investigative body. This manual includes principles for the effective investigation and documentation of torture, and other cruel, inhuman or degrading treatment or punishment (see annex I). These principles outline minimum standards for States in order to ensure the effective docu- mentation of torture.5 The guidelines contained in this manual are not presented as a fixed protocol. Rather, they represent minimum standards based on the principles and should be used taking into account the available resources.
    • https://www.ohchr.org/Documents/Publications/training8Rev1en.pdf