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SITUATION OF VULNERABLE

SECTORS
sectors found to be the most vulnerable:
Women *
Children
Indigenous Cultural Minorities *
Muslim Population *
Elderly
Disabled People
sectors found to be the most vulnerable:
Prisoners & Detainees
Internally Displaced Persons *
Migrant workers
Urban Poor *
Household Helpers
Stateless Persons

Househelpers not part of Human Rights Plan


CHILDREN SECTOR
Sources of Rights of Children:
United Nations Convention on the Rights of a Child
Philippine Constitution
Civil Code of the Philippines
Family Code of the Philippines
The Child and Youth Welfare Code
Classification of Childrens Rights under
the UN Convention:

Survival and Development Rights- Arts. 4, 11, 19, 20,


21, 22 and 32.

Protection Rights - Arts. 4, 11, 19, 20, 21, 22, 32, 33,
34, 35, 36, 37, 38, 39, 40 and 41.
Doctrines on Childrens Rights: Philippine
Constitution and Child and Youth Welfare:

1. Protection of the Life of the Child


2. Best Interests of the Child v. Tender Years Doctrine
3. Parens Patriae v. Loco Parentis Doctrine
Rights Violations Committed Against
Children:
Child Abuse and Maltreatment
Sexual Abuse and Exploitation
Abduction, Sale, Trafficking and Illicit Transfer of
Children
Rights Violations Committed Against
Children:
Child Maltreatment in the Philippine Context

Child abuse refers to the maltreatment, whether habitual


or not, of the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades
or demeans the intrinsic worth and dignity of a child as a
human being;
Rights Violations Committed Against
Children:
Child Maltreatment in the Philippine Context

(3) Unreasonable deprivation of his basic needs for


survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or in his permanent incapacity
or death.
Child Abuse may be categorized as:
Physical Abuse
Sexual Abuse
Emotional/Mental Abuse
Child Neglect
Child Labour
Commercial Sexual Exploitation of Children (CSEC)
4 Primary and Interrelated forms of Commercial
Sexual Exploitation of Children (CSEC):
Child Prostitution
Child Pornography
Child Trafficking for Sexual Purposes
Child Sex Tourism
Philippine Agencies tasked with Rights
Protection:
DSWD
Council for Welfare of Children (CWC)
Inter-Country Adoption Board (ICAB)
National Council for the Welfare of Disabled
Persons (NCWDP)
National Commission on the Role of Filipino
Women (NCRFW)
National Youth Commission (NYC)
Legal Safeguards for Protection of
Childrens Rights:
Child and Youth Welfare Code
RA 7610 amended by RA 9231
RA 9262
RA 9208
International Linkages for Childrens
Welfare:
tie up with the International Social Services in Hong Kong, Japan and
Singapore through the secondment of social workers in these countries;
the posting of social workers in certain areas (Taiwan, Dubai, Kuwait,
Abu Dhabi, Riyadh) to focus attention on the threat to Filipino women
and children;
establishing a bilateral Working agreement with Malaysia to protect
migrants children particularly in Sabah;
training on specialized services on childrens protection with New
Zealand, the Netherlands and the United States of America; and
cooperating closely with international organizations and groups such as
the ASEA, ILO, UNICEF, UNDP, etc. for children programmes.
Children in Special Situations and
Circumstances:
Child Combatants
Children in Conflict with the Law
Child Labor
Street Children
Children of Indigenous Tribes
Children of Families with HIV
CHILD COMBATANTS
What is a child soldier?

The United Nations Children Fund (UNICEF) defines child


soldiers as "any childboy or girlunder eighteen years
of age, who is part of any kind of regular or irregular
armed force or armed group in any capacity."
Most egregious use of child soldiers took
place in:
Burundi
Colombia
Democratic Republic of the Congo
Liberia
Myanmar
Uganda
In Liberia

The typical child soldier in Liberia was a boy in primary


school when he joined the faction (s). After spending a
considerable time of 3-5 years fighting, he disarmed
when he was between the ages of 15 and 17.
Policy Instruments Regarding Children
and Armed Conflict:
Article 4(3), Geneva Conventions
Article 38, Convention on the Rights of the Child
Arts. 1, 2, 3, and 4, Optional Protocol to the
Convention on the Rights of the Child on Involvement
of Children in Armed Conflicts
Section 22, Art. 10, Republic Act No. 7610
RECRUITMENT OF CHILDREN IN
WARFARE
Profile of a Filipino Child Soldier:
Male & assigned military/combat functions
Female & usually assigned auxiliary/support functions
Poor & big agricultural family
Age of involvement in armed group between 13-17
years
Several years of elementary education
Usually operating in Mindanao
Main reasons for joining armed group:
poverty & government neglect
membership & affiliation of other family members
victim of abuse & injustice
belief in the political ideology
secessionist advocacy & support for Holy War
CHILDREN IN CONFLICT
WITH THE LAW
RA 9344. Juvenile Justice and Welfare Act of 2006

A child in conflict with the law is a person who at the


time of the commission of an offense under Philippine
laws, is below eighteen years old but not less than
fifteen (15) years and one (1) day old.
Children In Conflict With The Law
Liability:
Children In Conflict With The Law
Liability:
Children In Conflict With The Law
Liability:
Comprehensive Juvenile Intervention
Program:
(a) Primary intervention
(b) Secondary intervention
(c) Tertiary intervention
Alternative Sentence:
Confinement of Convicted Children in Agricultural
Camps and other Training Facilities in lieu of Regular
Penal Institutions

Rehabilitation of Children in Conflict with the Law


CHILD LABOR
RA 7610. Special Protection of Children Against Abuse,
Exploitation and Discrimination Act

GENERAL RULE: No child below fifteen (15) shall be


employed.
EXCEPTIONS:
Child works directly under the sole responsibility of his
parents or legal guardian and where only members of
the employers family are employed
RA 7610. continued.
Childs employment or participation in public and
entertainment or information through cinema, theater,
radio or television is essential

Prohibition on the Employment of Children in certain


advertisements
No child shall be employed as a model in any
advertisement directly or indirectly promoting alcoholic
beverages, intoxicating drinks, tobacco and its
byproducts, gambling or any form of violence or
pornography.
Allowable Work Hours:
Worst Countries for Child Labor:
1. Eritrea
2. Somalia
3. DR Congo
4. Myanmar
5. Sudan
6. Afghanistan
7. Pakistan
8. Zimbabwe
9. Yemen
10.Burundi
STREET CHILDREN
Definition: aged under 18 for whom 'the street'
(including unoccupied dwellings and wasteland) has
become home and/or their source of livelihood; and who
are inadequately protected or supervised (Black, 1993).
Major Causes for Children to take to the
Streets:
poverty and large families;
unemployment/ underemployment;
limited access to basic social services;
breakdown of family structures;
shift from traditional values that tend to be
consumeristic and materialistic.
Statistics of Street Children:
According to a 1998 report titled "Situation of the Youth
in the Philippines", there were about 1.5 million street
children in the Philippines:
Luzon regional totals: 1,557 (highly visible), 22,728
(estimated total)
Visayas regional totals: 5,291 (highly visible),
40,860 (estimated total) and
Mindanao regional totals: 22,556 (highly visible),
138,328(estimated total)
Broad categories of street children generally
accepted by social workers:
Street-based are children living alone (either
abandoned or runaways) and working in the street;

Children of street-based families are children living


with their families as street-dwellers;

Community-based are children who work on the streets


but return home daily to their families in the
community; many of them receive formal school
education.
Programs for Rehabilitation of Street
Children:
Agency: Department of Social Welfare and Development
(DSWD)

Child and Youth Welfare Program


Unlad Kabataan Program
CHILDREN OF INDIGENOUS
CULTURAL COMMUNITIES
Art. IX, RA 7610. Special Protection of Children Against
Abuse, Exploitation and Discrimination Act

Section 17. Survival, Protection and Development. In


addition to the rights guaranteed to children under this
Act and other existing laws, children of indigenous
cultural communities shall be entitled to protection,
survival and development consistent with the customs
and traditions of their respective communities.
CHILDREN OF INDIGENOUS CULTURAL
COMMUNITIES
Art. IX, RA 7610. continued

Section 20. Discrimination. Children of indigenous


cultural communities shall not be subjected to any and
all forms of discrimination.
Quick Facts on HIV:
HIV Infection a viral infection that attacks and slowly
destroys the immune system of the infected person that
leads to immune deficiency.

HIV (Human Immunodeficiency Virus) a retrovirus that


occurs as two types: HIV-1 and HIV-2. Both types are
transmitted through direct contact with HIV-infected body
fluids, such as blood, semen, and genital secretions, or from
an HIV-infected mother to her child during pregnancy, birth,
or breastfeeding (through breast milk).

The last stage of HIV infection is AIDS (Acquired


Immunodeficiency Syndrome).
Factors which increase the risk of HIV
transmission include:
Smoking
Substance abuse
Vitamin A deficiency
Malnutrition
Infections such as STDs
Clinical stage of HIV, including viral load (quantity of HIV
virus in the blood)
Factors related to labor and childbirth
Breastfeeding
Pregnancy
CHILDREN OF FAMILIES WITH HIV
The UN has identified 2 classes of children of families
with HIV: OVC

Orphans in Zimbabwe 74% and 63% in South Africa,


are orphaned due to AIDS.

Vulnerable Children children living with sick


caregivers.
UN OVC Program Goals:
focus on supporting carers of children, often older
generations
keeping children in school
protecting their legal and human rights
ensuring that their emotional needs are cared for
ELDERLY SECTOR
Senior citizens or those aged 60 years old and over
comprise 6.8% of the Philippines total population.
United Nations Principles for Older
Persons:
In December 1991, the UN General Assembly adopted
The United Nations Principles for Older Persons, which
were proclaimed again during the International Year of
Older Persons in 1999.
United Nations Principles for Older
Persons:
Governments were encouraged to incorporate these five
principles into their national programs:
Independence
Participation
Care
Self-fulfilment
Dignity
Elderly in the Philippines:
In the traditional Filipino families, the elderly are looked up
with respect and reverence. They stay their families for so
long as they want to which may be attributed to strong
family bonds. This is one Filipino trait which you cannot
always find in other cultures. In most countries, elders are
placed in institution.

In the Philippines, there are rarely record of physical and


mental abuse among elderly people, however, the plight of
the elderly mendicants roaming around the cities needs to
be attended to.
National Mandates:
RA 7432. An Act To Maximize The Contribution Of
Senior Citizens To Nation Building, Grant Benefits And
Special Privileges And For Other Purposes (The
Expanded Senior Citizens Act of 2003)

RA 7876. An Act Establishing A Senior Citizens Center


In All Cities And Municipalities Of The Philippines, And
Appropriating Funds Therefore
National Mandates:
RA 9994. An Act Granting Additional Benefits And
Privileges To Senior Citizens, Further Amending
Republic Act No. 7432, As Amended, Otherwise Known
As An Act To Maximize The Contribution Of Senior
Citizens To Nation Building, Grant Benefits And Special
Privileges And For Other Purposes

RA 10645, amended RA 9994 to provide mandatory


Phil Health coverage for all senior citizens.
Summary of Senior Citizen Privileges:
DISCOUNTS
20% discount on:
Medical-related privileges
Medicine and drug purchases
Medical supplies, accessories and equipment
Medical and dental services
Professional fees of attending physician
Professional fees of licensed health workers providing
home health care services
Summary of Senior Citizen Privileges:
TRANSPORTATION
Air and Sea
Land: LRT, MRT, PNR, buses, jeepneys, taxi and shuttle
services
Hotels, restaurants, theaters, cinemas, concert halls,
circuses, leisure and amusement
Recreation centers
Fees, charges and rental for sports facilities and equipment
Funeral services
Funeral and burial expenses include casket or urn,
embalming, cremation cost, and other services
Summary of Senior Citizen Privileges:
UTILITY DISCOUNT
Grant of a minimum of 5% discount relative to the
monthly use of water and electricity, provided that the
meter is registered under the name of the senior citizen
residing therein and does not exceed 100 kWh and 30
m.
Government Assistance:
Social Pension
Indigent senior citizens shall be entitled to a
monthly stipend amounting to P500 to augment
daily subsistence and other medical needs.
Mandatory Phil Health coverage
All senior citizens are covered by the national health
insurance program of Phil Health.
Government Assistance:
Social safety nets
The social safety assistance shall include, but not be
limited to, food, medicines, and financial assistance
for house repair to cushion effects of economic,
disaster and calamity shocks.
Death benefit assistance
Assistance of a minimum of P2,000 shall be given to
the nearest surviving relative who took care of
the deceased senior citizen.
DISABLED PERSONS SECTOR
Disabled are those suffering from restriction or
different abilities, as a result of a mental, physical or
sensory impairment, to perform an activity in the
manner or within the range considered normal for a
human being.

Impairment is any loss, diminution or aberration of


psychological, physiological, or anatomical structure or
function.
DISABLED PERSONS SECTOR
Disability is a physical or mental impairment that
substantially limits one or more
psychological, physiological or anatomical
function of an individual or activities of
such individual.
a record of such an impairment.
being regarded as having such an
impairment.
Introduction:
Disability is a global concern
15% of the worlds population, or some &*%
million people, have some form of disability.
One in six people living in poverty are affected by
moderate or severe disability (World Report on
Disability, WHO, and the World Bank, 2011)
Disability is a human rights issue
1. Universal Declaration of Human Rights (1948)
2. Convention on the Elimination of all Forms of
Discrimination Against Women (1979)
Introduction:
3. Convention on the Rights of the Child (2003)
4. UN Convention on the Rights of Persons with
Disabilities (2006)
5. Other human rights instruments which affirm the
protection of the rights of all without
discrimination.
Disability is a societal responsibility
Within every society, disability is recognized by all
citizens regardless of the differences of the
individuals socio-economic status, age, gender
and educational levels.
United Nations Convention on the Rights of
Persons with Disabilities (UNCRPD) 2006:
Sets out the legal obligation on States Parties to
promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental
freedom by all persons with disabilities, and to protect
for their inherent dignity.
Defines persons with disabilities as those who have
long-term physical, mental, intellectual or sensory
impairments in which interaction with various barriers
may hinder their full and effective participation in
society on an equal basis with other.
Explicit Rights of PWDs in the UNCRPD:
Equality before the law without discrimination.
Right to life, liberty and security of the person
Equal recognition before the law and legal capacity
Freedom from torture
Freedom from exploitation, violence and abuse
Right to respect physical and mental integrity
Freedom of movement and nationality
Right to live in the community
Freedom of expression and opinion
Explicit Rights of PWDs in the UNCRPD:
Respect for privacy
Respect for home and the family
Right to education
Right to health
Right to work
Right to an adequate standard of living
Right to participate in political and public life
Right to participate in cultural life
Convention On The Elimination Of
Discrimination Against Women (CEDAW) 1979
Guarantees the protection of the rights of all women,
whether disabled or not, including women and girls with
disabilities
Requires government to provide reports taken to
ensure that women with disabilities (WWDs) have equal
access to education and employment. Health services
and social security
Ensures that WWDs can participate in all areas of
social and cultural life
Salamanca Statement And Framework For
Action On Special Needs Education, 1994:
Requires government to promote the approach of
inclusive education enabling schools to serve all
children, particularly those with special needs
educational needs
Proclaims that every child has a fundamental right to
education, and must be given the opportunity to
achieve and maintain an acceptable level of learning
Requires governments to implement the World
Programme of Education for All (EFA) policy within the
public and private learning institutions at all levels
among persons with special needs.
RA 7277. An Act Providing For The Rehabilitation,
Self-development And Self-reliance Of Disabled
Person And Their Integration Into The Mainstream
Of Society And For Other Purposes:
Provides equal rights & privileges of persons with disabilities
on the following:
Employment
Education
Health
Auxiliary social services
Telecommunications
Accessibility
Political and civil rights
RA 7277
Prohibition On Discrimination Against Disabled Persons:
SECTION 32.
Discrimination on Employment No entity, whether
public or private, shall discriminate against a qualified
disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or
discharge of employees, employee compensation, job
training, and other terms, conditions, and privileges of
employment.
RA 7277
Prohibition On Discrimination Against Disabled Persons:
Discrimination on Transportation
SECTION 34. Public Transportation It shall be
considered discrimination for the franchises or operators
and personnel of sea, land, and air transportation
facilities to charge higher fare or to refuse to convey a
passenger, his orthopedic devices, personal effects, and
merchandise by reason of his disability.
RA 7277
Prohibition On Discrimination Against Disabled Persons:
SECTION 36. Discrimination on the Use of Public
Accommodations
No disabled persons shall be discriminated on the basis
of disability in the full and equal enjoyment of the goods,
services, facilities, privileges, advantages or
accommodations of any place of public accommodation
by any person who owns, leases, or operates a place of
public accommodation.
RA 9442. Provides Privileges to Persons
with Disabilities (2007):
Amended RA 7277
Grants 20% discount privileges to PWDs on the
following:
Utilization of services in hotels and similar lodging
establishments, and restaurants and recreation
centers
Discounted fares for domestic land, air and sea
travels
Admission fees charged by theatres, cinema houses,
concert halls, circuses, carnivals and other similar
places of culture, leisure and amusement
RA 9442.
Medical and dental services
Purchase of medicines in all drugstores
Educational assistance
Purchase of basic commodities
Provision of express lanes for PWDs; in the absence
hereof, priority shall be given to them
Prohibitions:
Deliverance from public ridicule
Deliverance from vilification
NCDA Administrative Order No. 001, S.
2008:
Identification Cards shall be issued to any bona fide
PWDs with permanent disabilities.
Batas Pambansa Bilang 344:
An Act To Enhance The Mobility Of Disabled Persons By
Requiring Certain Buildings, Institutions, Establishments
And Public Utilities To Install Facilities And Other Devices.

Requires certain buildings, educational institutions,


airports, sports and recreation places, work places, etc.
to install and incorporate architectural facilities or
structural features to enhance the mobility of PWDs
RA 7160. An Act Providing For A Local
Government Code Of The Philippines:
Sec. 483 (3) (iv) stipulates that the social welfare and
development officer shall tae charge of the office on
social welfare and development services and shall:
Facilitate the implementation of welfare programs for
the disabled (persons with disabilities), elderly, and
victims of drug addiction, and such other activities
which would eliminate or minimize the ill-effects of
poverty
Proclamation No. 688, series of 2003:
Declaring the Period of 2013-2022 as the Philippine
Decade of Make the Right Real for Persons with
Disabilities in Support of the 3rd Asian and Pacific
Decade of Persons with Disabilities
Requires all departments, agencies, and
instrumentalities of the national government and local
government units t implement government plans,
programs, and activities geared towards the
development of persons with disabilities in accordance
with the Incheon Strategy.
PRISONERS/DETAINEES SECTOR
PRISONERS/DETAINEES SECTOR
A prisoner is anyone who is deprived of personal liberty
against his or her will, following conviction of a crime.
Although not afforded all the privileges of a free citizen,
a prisoner is assured certain minimal rights by the
Philippine Constitution and the moral standards of the
community.
PRISONERS/DETAINEES SECTOR
Detainees are individuals who are kept in jail even though
they have not yet been convicted of a crime. A majority of
detainees are individuals who are unable to obtain
sufficient funds to post bail and therefore cannot be
released from jail pending a trial on the criminal charges.
A detainee is, well, detained for purposes of avoiding flight
during the period of litigation, especially if the charge is one
that is not bailable (or if judicial estimation of evidence
against the accused is strong).
Their guilt has as yet to be determined during trial. They
are still, technically speaking, innocent.The constitutional
presumption of innocence is still there.
History of Prisoner Rights in International
Law:
World War I and II
widespread denial of civil rights and liberties
racial, religious, and political discrimination
violence, murder and genocide, slave labor, abuse and
murder of prisoners of war, deportations, and
confiscation of property forced changes to the status
quo
International Instruments on Prisoner
Treatment:
Geneva Conventions
The International Covenant on Civil and Political Rights
The UN Standard Minimum Rules for the Treatment of
Prisoners
The European Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment
The Convention on the Rights of Persons with
Disabilities.
Third Geneva Convention:
Prisoners of war are defined as:

(1) Members of the armed forces of a Party to the conflict as well as members of
militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including
those of organized resistance movements, belonging to a party to the conflict and
operating in or outside their own territory, even if this territory is occupied,
provided that they fulfill the following conditions:
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of
war.
(3) Members of regular armed forces who profess allegiance to a government or an
authority not recognized by the Detaining Power.
Prisoners' Rights:
Freedom from Cruel and Unusual Punishments
Freedom from Sexual Harassment or Sex Crimes
Right to Complain About Prison Conditions and Access
to the Courts
Reasonable Treatment for Disabled Prisoners
Entitled to Medical and Mental Health Care
Entitled to First Amendment Rights
Freedom from Discrimination
Breaches Of Prisoners' Rights In
International Law:
1. Guantanamo Bay, Cuba The American government
claimed that the detention facility in Guantanamo was not
covered by the Geneva Conventions protecting prisoners
of war, as the detainees were enemy combatants. It is
now clear that the CIA allowed water boarding in the
facility.
2. Bagram Air Base, Afghanistan US soldiers are accused
of abusing prisoners in a secret prison there. The
prisoners held there were exposed to extreme
temperatures, not given adequate food, bedding, or
natural light and religious duties were interfered with.
Breaches Of Prisoners' Rights In
International Law:
3. Shebarghan Prison, Northern Afghanistan The prison is
claimed to be overcrowded with inadequate bathing and
ablution facilities, as well as lack of food and medical care.
4. Abu Ghraib Prison, Iraq (2003) US soldiers serving there
were accused of beating prisoners, forcing prisoners to strip,
forcing prisoners to masturbate, threatening prisoners with
dogs, smearing prisoners with feces, making prisoners
simulate sex and form naked piles. There was also
accusations that prisoners were raped, sodomised and
beaten to death.
History of Prisons/Jails in the Philippines:
Bureau of Prisons created under Reorganization Act
1905 under Department of Commerce and Police.
Eventually placed under the supervision of the
Department of Justice.
Bureau of Prisons was renamed to Bureau of
Corrections thru Proclamation No. 495 and
Administrative Code of 1987.
History of Prisons/Jails in the Philippines:
The oldest penal facility , founded in 1832, is situated in
Zamboanga City, the San Ramon Prison and Penal Farm
Davao Penal Colony was established on January 21, 1932
with the issuance of a Presidential Proclamation 414
Iwahig Penal Colony is the biggest penal facility in the
country at 40,000 hectares comprising mostly of undulating
vegetation and pure jungle
Correctional Institution for Women was founded on
November 27, 1929 by virtue of Act No. 3579 as the first
and only prison for women in the Philippines
History of Prisons/Jails in the Philippines:
Correctional Institution for Women in Mindanao was
established on September 18, 2007, by virtue of a
Department of Justice Order within the sprawling prison
reservation of Davao Penal Colony in Eastern Mindanao
Leyte Regional Prison is a Martial Law baby, established on
January 167, 1973 by virtue of Presidential Proclamation
No. 1101 and its operation through the issuance of a
Presidential Decree 29
Sablayan Prison and Penal Farm, located in Sablay,
Occidental Mindoro was established on September 26, 1954
by virtue of Presidential Proclamation No. 72. Sometime in
the early 90s, a portion of said penal farm has been
distributed to the victims
Condition of Philippine Prisons and Jails:
1. Extreme overcrowding
(2001) 35,000 inmates in jails supervised by the
Bureau of Jail and Management Penology (BJMP),
(2007) 69,500 inmates
Metro Manila jails alone account for 22,000
inmates
Projected total jail population in BJMP-supervised
jails could reach 89,000 in 2008, 101,250 in 2009
and 114,930 in 2010
Condition of Philippine Prisons and Jails:
2. Dirty tap water
3. Dingy toilets
4. Substandard Meals
5. Gang wars
6. Poorly trained guards and prison administrators
7. Favoritism
Life inside the Philippines' most
overcrowded jail:
The Quezon City Jail was built in 1953, originally to house
800 people, according to the Bureau of Jail Management
and Penology standards. The United Nations says it should
house no more than 278. Currently, it has more than 4, 000
inmates.
There are only 20 guards assigned to the mass of
incarcerated men.
Inmates are woken at 5 a.m. before undergoing a head
count.
The inmates spend the days sitting, squatting and standing
in the unrelenting, suffocating Manila heat.
Secret Jails: Inhuman and Degrading
Prison Conditions
Detainees crouch on the floor inside a secret jail after
being discovered by the Commission on Human Rights at
Police Station 1 at Tondo district in Manila, Philippines on
April 27, 2017.
MIGRANT WORKERS SECTOR
A "migrant worker" is a person who either migrates
within their home country or outside of it in order to
pursue work such as seasonal work. Migrant workers do
usually not intend to stay permanently in the country or
region they work in.
Migrant Workers in the International
Scene:
Farm workers and their families are often the forgotten
face of the agricultural industry. Two to four million
women, men, and children are exposed to harsh and
grueling conditions every day for minimal wages. Along
with undesirable working conditions, migrant workers
also face economic, health, and living hardships that
bring adverse effects to their lives. These migrant
workers are an integral piece of America's past that have
shaped the current agricultural business in the United
States.
History of Philippine Labor Migration
Policies:
1521 Filipino natives manned ships in the Manila
Acapulco Galleon trade.
Filipinos worked in the dockyards and aboard ships
traveling as far as Mexico
To escape maltreatment by the Spaniard shipmasters,
many of those Filipino workers resorted to "jumping ship",
settling in state ports like Acapulco, Mexico and Louisiana,
USA.
They were the first generation of Filipino labor migrants.
3 "waves" of labor migration occurred (in the 1900-1940s,
the 1940s-1970s, and the 1970s-1990s).
The Philippines is one of the worlds largest labor exporting
country.
International Convention on the
Protection of the Rights of All Migrant
Workers and Members of Their Families:

a United Nations multilateral treaty governing the


protection of migrant workers and families. Signed on
18 December 1990, it entered into force on 1 July 2003
after the threshold of 20 ratifying States was reached in
March 2003. The Committee on Migrant Workers (CMW)
monitors implementation of the convention, and is one
of the seven UN-linked human rights treaty bodies.
RA 8042. Migrant Workers and Overseas
Filipinos Act of 1995:
This Act states that although it is the policy of the
State not to promote overseas employment as a means
for sustaining economic growth and national
development, it recognizes the contributions of
overseas workers to the economy and provides for
more protection and assistance for migrant workers
and overseas Filipinos. It expands the definition of
illegal recruitment.
It also expressly provides that the date of its approval
by the President, June 7, 1995, will be celebrated
as Migrant Workers Day.
Risks associated with Overseas
Employment:
Health spread of disease
Human Immunodeficiency Virus (HIV)
Ebola and Middle East Respiratory Syndrome
Coronavirus (MERS-COV)
Abuse
Maltreatment
Rape
Illegal Recruitment
Cases of Abuse:
September 2012, Jasmin Vergara suffered from sexual
and physical abuse from her employers in Saudi. She
was asked to do sexual favors and was beaten upon
refusal. When she received gifts or owned something
that was not allowed by the employers, she was
beaten. The sons of her employers would molest and
sexually harass her.
Cases of Abuse:
December 2014, Carlito Lana, an OFW in Saudi Arabia,
was sentenced to death due to his murder case. Being
forced to pray during Muslim prayer time, Lana killed
his employer in 2010 and was convicted in the same
year. In 2014, his death was ordered by the Saudi
Arabian government.
April 2015, the nation witnessed Mary Jane Velosos
clamor for clemency from the government of Indonesia,
in order to reverse her death sentence due to her drug
trafficking case.
Some Trivia on Migrant Workers:
The case of Flor Contemplacion, sentenced to death in
1995 in Singapore, paved the way to the review of the
international labor laws of the Philippines.
The Aquino and Arroyo administrations each had six
OFW executions in the tally of Migrante International.
As of April 2015, there is a total of 88 Filipinos in death
row in various countries according to the Department of
Foreign Affairs.
HOUSEHOLD HELPERS SECTOR
Who is a Kasambahay or Domestic
Worker?
Domestic worker or Kasambahay refers to any person
engaged in domestic work within an employment
relationship

The term shall not include children who are under


foster family arrangement, and are provided access to
education and given an allowance incidental to
education
RA 10361. Batas Kasambahay
The law is a landmark piece of labor and social
legislation that recognizes for the first time domestic
workers as similar to those in the formal sector. It
strengthens respect, protection, and promotion of the
rights and welfare of domestic workers or kasambahay.
RA 10361.
Who are the kasambahay covered by the law?
a. general househelp;
b. yaya;
c. cook;
d. gardener;
e. laundry person;
f. working children or domestic workers 15 years and above
but below 18 years of age; or
g. any person who regularly performs domestic work in one
household on an occupational basis (live-out arrangement).
RA 10361.
Employable Age For A Kasambahay:
- Fifteen (15) years old and above.
Conditions of children fifteen (15) but below eighteen
(18) years of age be made
Hours of Work 8 hours per day (40 hours per week)
No work from 10 P.M. - 6 A.M.
No hazardous work
Access to education and training
RA 10361.
Mandatory Benefits:
Monthly minimum wage
Daily Rest Period of 8 hours
Weekly Rest Period
5 days annual SIL with pay
13th month pay
SSS, PhilHealth, and Pag- IBIG benefits
RA 10361.
Rights And Privileges Of Kasambahay:
Standard of Treatment
Board, Lodging and Medical Attendance
Guarantee of Privacy
Access to Outside Communication
Right to Education and Training
Prohibition Against Privileged Information
RA 10361.
Other Rights And Privileges:
Copy of the employment contract
Right to Certificate of Employment
Freedom form employers interference on wage disposal
Right to form, join, or assist labor organization
Right to terminate employment
Right to exercise own beliefs and cultural practices
RA 10361.
Cessation Of Employment:
Termination initiated by the Domestic Worker
Termination initiated by the Employer
What about the damages? Can the
Kasambahay be held liable?
Cannot withhold their wages or tell them how to use
their wages
Cannot require them to make deposits for loss or
damage
Deductions from wages for loss or damage are allowed
if clearly shown to be responsible
Total amount deducted must be fair and reasonable
and should not exceed 20% of the monthly wages.
STATELESS PERSONS SECTOR
How Does A Person Become Stateless:
Disappearing states, also referred to as state succession
Disputed territory
Failed and quasi-states
War
Disloyalty to the state, treason or terrorist activity
Article 8 of the 1961 Statelessness Convention permits
removal of nationality in such cases.

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