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2.
That the death of [Phillip Pestao] is directly
attributable to the [Philippine Authorities]. When a
person dies in circumstances that might involve a
violation of the right to life, the State party is
bound to conduct an investigation and ensure that
there is no impunity. The [Philippine Authorities]
must accordingly be held to be in breach of its
obligation, under article 6, read in conjunction with
article 2, paragraph 3, to properly investigate the
death of [Phillip Pestao], prosecute the
perpetrators, and ensure redress.
Violation of Article 2, paragraph 3(a) of the ICCPR
The UNHRC states that Under article 2, paragraph
3(a), of the Covenant, the [Philippines] is under an
obligation to provide [Spouses Pestao] with an
effective remedy in the form, inter alia, of an
impartial, effective and timely investigation into
the circumstances of their sons death, prosecution
of perpetrators, and adequate compensation. The
[Philippines] is also under an obligation to prevent
similar violations in the future.
In ending, the UNHRC relayed its wish to receive
from the [Philippines], within 180 days, information
about the measures taken to give effect to the
Committee's Views.
We are unaware if the UNHRCs wish was granted.
Violation of Article 9, paragraph 1 of the ICCPR
In claiming violation of article 9 paragraph 1of the
Covenant, the UNHRC stated that [Spouses
Pestao] claim that they received an anonymous
call, informing them that their sons life was in
danger, the day before he was found dead.
However, there is no evidence that [Spouses
Pestao] reported these threats against their son
to [Philippine] authorities, and if so, that the
[Philippine Authorities] failed to take appropriate
action for this protection. Nor is there any
conclusive
evidence
that
the
[Philippine
Authorities were] involved in threatening [Phillip
Pestao]. In the absence of any further arguments
put forward by [Spouses Pestao] on this issue,
the Committee [considered] that these claims are
not sufficiently substantiated for the purposes of
admissibility and [therefore] inadmissible ...
Violation of Article 17, paragraph 1 of the ICCPR
The UNHRC ruled similarly regarding the alleged
violation of Article 17 paragraph 1 of the Covenant
since [Spouses Pestao] claim that the [Philippine
Authorities] attempt to make it appear that [Phillip
Pestao] committed suicide, is to be construed as
an unlawful attack against his honor. [The
Committee considered] that this claim [was not]
Civil liberties
The concept of civil liberties is commonly known,
particularly in the United States, where the
American
Civil
Liberties
Union
(a
nongovernmental organization) has been active since
the 1920s. Civil liberties refer primarily to those
human rights which are laid down in the United
States Constitution: freedom of religion, freedom
of the press, freedom of expression, freedom of
association and assembly, protection against
interference with ones privacy, protection against
torture, the right to a fair trial, and the rights of
workers. This classification does not correspond to
the distinction between civil and political rights.
10
for
the
11
12
Part
4 (Articles
28
45)
governs
the
establishment and operation of the Human Rights
Committee and the reporting and monitoring of
the Covenant. It also allows parties to recognize
the competence of the Committee to resolve
disputes between parties on the implementation of
the Covenant (Articles 41 and 42).
Core provisions
Rights to physical integrity
Article 6 of the Covenant recognises the
individual's "inherent right to life" and requires it
to be protected by law. It is a "supreme right" from
13
Articles
9.3
and
9.4 impose
procedural
safeguards around arrest, requiring anyone
arrested to be promptly informed of the charges
against them, and to be brought promptly before a
judge. It also restricts the use of pre-trial
detention, requiring it to be imposed only in
exceptional circumstances and for as short a
period of time as possible.
Article 10 requires anyone deprived of liberty to
be treated with dignity and humanity. This applies
not just to prisoners, but also to those detained for
immigration purposes or psychiatric care. The
right complements the Article 7 prohibition on
torture and cruel, inhuman or degrading
treatment. The article also imposes specific
obligations around criminal justice, requiring
prisoners in pretrial detention to be separated
from convicted prisoners, and children to be
separated from adults. It requires prisons to be
focused on reform and rehabilitation rather than
punishment.
Individual liberties
Article 12 guarantees freedom of movement,
including the right of persons to choose their
residence and to leave a country. These rights
apply to legal aliens as well as citizens of a
state, and can be restricted only where necessary
to protect national security, public order or health,
and the rights and freedoms of others. The article
also recognises a right of people to enter their own
country. The Human Rights Committee interprets
this right broadly as applying not just to citizens,
but also to those stripped of or denied their
nationality. They also regard it as near-absolute;
there are few, if any, circumstances in which
deprivation of the right to enter one's own country
could be reasonable.
14
Articles
21 and 22 mandate
freedom
of
association. These provisions guarantee the right
to freedom of association, the right to trade unions
and
also
defines
the International
Labor
Organization.
Article
27 mandates
the
rights
of ethnic, religious and linguistic minority to enjoy
their own culture, to profess their own religion,
and to use their own language.
Political rights
Article
3 provides
an
accessory
nondiscrimination principle. Accessory in the way that
it cannot be used independently and can only be
relied upon in relation to another right protected
by the ICCPR.
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16
17
18
Optional Protocol
The Optional Protocol establishes an individual
complaints mechanism for the Covenant similar to
those of the First Optional Protocol to the
International Covenant on Civil and Political
Rights, Optional Protocol to the Convention on the
Rights of Persons with Disabilities and Article 14 of
the Convention on the Elimination of All Forms of
Racial Discrimination. Parties agree to recognize
the competence of the Committee on Economic,
Social and Cultural Rights to consider complaints
from individuals or groups who claim their rights
under the Covenant have been violated.
Complainants must have exhausted all domestic
remedies, and anonymous complaints and
complaints referring to events which occurred
before the country concerned joined the Optional
Protocol are not permitted. The Committee can
request
information
from
and
make
recommendations to a party. Parties may also opt
to permit the Committee to hear complaints from
other parties, rather than just individuals.
The Protocol also includes an inquiry mechanism.
Parties may permit the Committee to investigate,
report on and make recommendations on "grave
or systematic violations" of the Convention. Parties
may opt out of this obligation on signature or
ratification.
The Optional Protocol required ten ratifications to
come
into
force.
International Convention on the Elimination
of All Forms of Racial Discrimination
The
Convention
follows
the
structure
of
the Universal
Declaration
of
Human
Rights, International Covenant on Civil and Political
Rights, and International Covenant on Economic,
Social and Cultural Rights, with a preamble and
twenty-five articles, divided into three parts.
Core provisions
Definition of "racial discrimination"
Article 1 of the Convention 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.
Distinctions made on the basis of citizenship (that
is, between citizens and non-citizens) are
specifically excluded from the definition, as
HR Notes by Terence Valdehueza
19
Condemnation of apartheid
Article
3 condemns apartheid and racial
segregation and obliges parties to "prevent,
prohibit and eradicate" these practices in
territories under their jurisdiction. This article has
since been strengthened by the recognition of
apartheid
as
a crime
against
humanity in
the Rome Statute of the International Criminal
Court.
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Prohibition of incitement
Article
4 of
the
Convention
condemns
propaganda and organizations that attempt to
justify discrimination or are based on the idea of
racial supremacism. It obliges parties, "with due
regard to the principles embodied in the Universal
Declaration
of
Human
Rights",
to
adopt
"immediate and positive measures" to eradicate
these
forms
of
incitement
and
discrimination. Specifically, it obliges parties to
criminalize hate speech, hate crimes and the
financing of racist activities, and to prohibit and
criminalize membership in organizations that
"promote and incite" racial discrimination. A
number of parties have reservations on this article,
and interpret it as not permitting or requiring
measures that infringe on the freedoms of speech,
association or assembly.
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