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Human Rights Consciousness Week (Republic Act No. 9201)

Photo from Unsplash | Priscilla Du Preez 🇨🇦

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE:

Republic Act No. 9201 or the National Human Rights Consciousness Week Act of 2002 declares December 4 to 10 of every year as National Human Rights Consciousness Week in the Philippines. (Section 2, R.A. No. 9201)


Is it the policy of the Philippines to value the dignity of every human person and guarantee full respect for human rights. (Section 11, Article II, 1987 Constitution) The State, through the Congress, shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. (Section 1, Article XIII, 1987 Constitution)

To give effect to this state policy, various laws have been enacted protecting the rights of Filipinos. Among these laws is Republic Act No. 9201 or the National Human Rights Consciousness Week Act of 2002, which seeks awareness of basic human rights i

The law says:

Sec. 2. December 4 to 10 is hereby declared as National Human Rights Consciousness Week in the country.

Sec. 3. All government agencies, including government-owned and-controlled corporations, shall celebrate the week through simple and appropriate ceremonies and activities to make the people aware of their basic human rights in relation to the functions and services offered by these government instrumentalities.

Sec. 4. All levels of education/learning institutions, both public and private, shall celebrate the week through simple and appropriate ceremonies and activities to propagate, particularly among the students, a human rights culture that aims at sustainable development in the country.” (Sections 2 to 4, R.A. No. 9201)

 Jurisprudence says:

“It can hardly be disputed that the phrase “human rights” is so generic a term that any attempt to define it, albeit not a few have tried, could at best be described as inconclusive. xxx The Universal Declaration of Human Rights, as well as, or more specifically, the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights, suggests that the scope of human rights can be understood to include those that relate to an individual’s social, economic, cultural, political and civil relations. It thus seems to closely identify the term to the universally accepted traits and attributes of an individual, along with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of life.” (Brigido Simon, Jr., et al. v. Commission on Human Rights, G.R. No. 100150, January 5, 1994)

 The Commission on Human Rights

The Commission on Human Rights (CHR) is created as an independent office. (Section 17, Article XIII, 1987 Constitution)

The Commission on Human Rights shall have the following powers and functions:

  1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;
  2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;
  3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;
  4. Exercise visitorial powers over jails, prisons, or detention facilities;
  5. Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;
  6. Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
  7. Monitor the Philippine Government’s compliance with international treaty obligations on human rights;
  8. Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;
  9. Request the assistance of any department, bureau, office, or agency in the performance of its functions;
  10. Appoint its officers and employees in accordance with law; and
  11. Perform such other duties and functions as may be provided by law. (Section 18, Article XIII, 1987 Constitution)

 Executive Order No. 163, series of 1987 (E.O. 163) declared the effectivity of the creation of the CHR as provided for in the 1987 Constitution. E.O. 163 provided for the guidelines for the operation of the CHR.

The law says:

“The Commission on Human Rights as provided for under Article XIII of the 1987 Constitution is hereby declared to be now in existence.” 

Since its creation, the CHR consistently engages with the local and international communities for the protection and promotion of human rights. It works in partnership with all national government agencies, independent constitutional commissions, local government units, government-owned and controlled corporations, educational institutions, and civil society groups.

The CHR serves all persons in the Philippines, as well as Filipino nationals abroad. It provides services to both rights-holders, or the vulnerable sectors who are the Commission’s primary clients, as well as to the duty-bearers, or the police, military, and the other persons in authority.

Particularly, the CHR prioritizes the following rights-holders:

  1. Women
  2. Children
  3. Youth
  4. Persons Deprived of Liberty
  5. Indigenous Peoples
  6. Workers (Domestic and Migrant Workers)
  7. Internally Displaced Persons
  8. Persons Living in Poverty
  9. Persons with Disabilities
  10. Senior Citizens
  11. Persons with Diverse Sexual Orientation, Gender Identity, and Gender Expression (SOGIE)
  12. Other marginalized groups (CHR Official Website, accessed at https://chr.gov.ph/)

 

Read also: International Humanitarian Law Day (Executive Order No. 134, s. 1999)

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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