that public good is sufficient by itself to justify holding
another person to be subject to a duty.
GROUP RIGHTS/COLLECTIVE
RIGHTS
What makes a group right?
The interests in question are the interests of individuals as
members of a group for a public good. No single mem-
ber of that group and that public good is sufficient by
itself to justify holding another person to be subject to a
duty.
Examples:
A right to be determined by the state as a refugee:
INDIVIDUAL RIGHT
Right to international protection of refugees:
COLLECTIVE RIGHT
There are certain rights that can be exercised collectively such
as the Right to Self Determination by Indigenous Peoples, but
individually, they also have the right to life liberty and property
- thats an individual right.
There are certain rights exercised as a group, such as right to
international protection for refugees,thats a collective
right because wherever they may be, there is a right against
states to be protected because their own state cannot protect
them.
Even its just a single family or person, or refugee en masse, the
right to humanitarian assistance is there because they are
refugees.
But look at it this way, when I say right to be determined- is
there a duty on the part of the state to recognize a certain
family as refugees?
If yes, then thats a right than can be exercised individually. But
really, it depends on the situation.
In analyzing whether a right is an individual right or a group right you
have to look into these elements:
ELEMENTS OF A GROUP RIGHT
INTEREST
DUTY ON THE PART OF THE STATE
NO SINGLE MEMBER OF THAT GROUP IN THAT
PUBLIC GOOD IS SUFFICIENT BY ITSELF TO JUS-
TIFY HOLDING ANOTHER PERSON TO BE SUBJECT
TO A DUTY
Is there an interest?
From that interest, there stems a duty on the state and
that the interest of no single member of that group in
Example
Marcopper Disaster, biggest mining disaster recorded in
the Philippines ( affected only a certain river)
“…thus imagine a factoring giving off polluting fumes
that affects the lives of people who live in its vicini-
ty? Do these people have the right to stop the facto-
ry to engage in that? You have to consider the effects
of the pollution on the cause of putting a stop to it.
Suppose that the pollution is serious and the pollu-
tion has a seriously adverse impact on the lives of
people but its not serious enough to constitute a
threat on anyones health… suppose that the cause to
stop would be financially serious and cause the facto-
ry workers would lose their jobs, we can conclude
that the suffering of any individual cannot justify the
factory from stoping but if we consider the individu-
als of all affected areas, then it may be stopped- then
those living in the vicinity of the factory can stop-
but as a group, they jointly present a right that none of them
possess individually.”
_______
So when should it be considered as a group right?
If the act is so grave that it would warrant the factory
owner to close. THE INTEREST IS FAR REACH-
ING THAT THOSE WHO CAN CLAIM AN IN-
JURY OUTWEIGHS WHATEVER COST THEY
HAVE ON THE OTHER
In determining whether a right is an individual or collective right,you
have to look at the circumstances. Just because it is exercised by mere
association to a group, does NOT mean it is already a collective right.
You have to look at the other details such as:
Whether or not this right can be exercised individually or ex-
ercised as a whole
Example.
In the factory case, they can file for damages individually but if the
interest is for the closure of the company, there would be greater
weight if they were to exercise a collective right such as for example,
the right to a balanced and healthful ecology. instead of simply asking
for damages for the effects of the mine pollution that they have expe-
rienced.
So again, look at the circumstances and not just the name of the right
THE EXPRESSION OF COLLECTIVE RIGHTS - a contradiction
in terms
Rights are basically individual in nature, and thats what most of the
writers are saying, it must be exercised individually-, and there lies the
confusion of how you can exercise these so called group rights it individually
Page 1 of 16
A group as such, has no rights.
Example.
Mining case: it was mentioned that if the mining would push through
based on the collective rights of the community, the individual rights
of workers would be affected
During the initial stages of the UN and League of Nations, there was
an argument of whether to include collective rights into the discourse
of HR/the League of nations were supportive to include the right of
IP or cultural minorities but several UN countries were saying that if
you include or recognize minorities, then it would affect the peace or
the unity in a country because the UN elites at the time were the col-
onizers. There was a lot of movement from the colonized groups to
have their right to self determination but theres was a discussion that
a group right would counter certain individual rights, so up to now
there is no clear delineation of group rights so you have to look into
circumstances
Why should we recognize group rights?
• Cultural Presevation
• Rights of IP to land and resources held collectively
• Environmental rights to clean air water and land
• Self determination
• Autonomous self government
• Restitution of stolen land from a collective
But individually, each of the members of the IP community, can exer-
cise certain rights individually, so we cant say that all IP have to exer-
cise their rights collectively. There are rights that IPS can exercise
individually but there are some rights that SHOULD be exercised
collectively
The case of Indigenous Peoples
• refers to a group of people or homogenous societies identified by
Self ascription and ascription by others who have continuously lived as
an organised community on Communally bounded and defined terri-
tory under claims of ownership since time immemorial and occupied
and possessed customs tradition and other distinctive cultural traits
• those who have through resistance to political and social and cultur-
al inroads of colonisation and non indigenous religion and culture
become historically differentiated from the majority of Filipino peo-
ple
Rights of the IPS
• Under the Constitution
• RA 8371
IPRA
Ancestral domains
Social justice and human rights
Self governance
Cultural integrity
Most of these are exercised collectively
Social justice and human rights can be exercised individually but the others are
usually exercised collectively
NATIVE TITLE V. REGALIAN DOCTRINE
The basis of the ownership of IPS over land is COMMUNAL IN
NATURE meaning when they are issued a title to a land, it isn't in the
name of just one person
CALT
Who do you think holds the title?
THE CALT IS NAME AFTER THE TRIBE AND NOT ANY IN-
DIVIDUAL IN PARTICULAR
SELF GVOERNANCE & EMPOWERMENT
FPIC: Free Prior and Informed Consent
Whenever a development project or an extractive industry is about to
enter a domain, they have to undergo what we call FPIC .
The IPs have to participate in this consultation and the IPS should
give their consent freely.
Absent the consent, the project will not be allowed to continue
FPIC process should be done in accordance with the culture and tra-
ditions of the community
Example.
The stoning process for stealing do you think if the state prohibits that, is it a
violation of their right to self governance?
It is not so long as it does not violate other existing criminal laws
So there are some allowable exceptions to the exercise of collective
rights, and remember there is the argument between the group vs in-
dividual right, so in this case, the individual right of the person being
stoned is being put in line.
If you balance it with the collective right of self governance, which
should be given more weight?
The individual right to life.
So what would happen then?
We would still allow for some leniency. We can as the state prohibit
stoning, but the state must recognize other means for punishment.
Example.
Home births are not allowed under our laws, but the culture and tradi-
tions of indigenous peoples and the manner of them giving birth is
usually based on their traditions.
So there is an on going argument that says this law or ordinance on
home birth should be stricken down because it amounts to their right
being impinged on, because in their exercise of that home birth it is
part of their tradition already but it is not violative of other basic or
fundamental rights so it should not be prohibited at least on the parts
of indigenous peoples.
Some examples of possible areas of Group Rights
NUBIAN CHILDREN
Children in Kenya who have been for the longest time deprived of
nationality, so as a group they can exercise their right collectively to
citizenship, they can exercise their right to nationality a a whole
ROHINGYAS
Refugees. You have to look at which rights are being seen as collective,
not all rights of refugees are collective because some rights can be
exercised in their individual capacity so you have to look closer or
which rights can be exercised individually
COLLECTIVE PROBLEMS REQUIRE COLLECTIVE SOUTIONS
There are some certain collective problems that require collective
solutions, its for practicality if they were resolved by granting collec-
tive rights.
Page 2 of 16
 4 GENERAL PRINCIPLES OF THE CRC
CHIL’D’S RIGHTS
CONVENTION ON THE RIGHTS Respect for the Views of the Child (Evolving Ca-
pacity)
OF A CHILD
Non Discrimination

Life, Survival and Development

Participation

1. RESPECT FOR THE VIEWS OF THE CHILD ( Evolving

Capacity)
DYNAMIC SELF DETERMINATION:
• refers to the capacities of a child and how they are dynamic and
This is in relation to self-determination.
evolve since it grows based on the child’s maturity. Their abili-
This right can be exercised based on age and maturity.
ty to articulate their preferences and rights change as their
Just because a child is young but the child is able to express his
level of maturity evolves
or her views then it should not be discounted.
Is there an age limit? Do we stop “ recognizing” the voice or capacity of a child
One of the reasons why the CRC is not one of those widely ratified is
just because they’re a toddler? No.
because it gives too much Weight to children rights, but Tobin (author
Yes, it is correct that there is no age limit to determine the age in
of one of the readings) explains that parents have rights and responsi-
which a child can express their own views because the CRC also rec-
bility over their children specifically Art. 45 and parents are allowed to
ognizes the right of the toddlers to express their views.
regulate but the children have the capacity to still express their views
on the regulation of their rights.
2. NON DISCRMINATION
You cant discriminate against them, not just based on their status but
insert article 45 here
also on their parents status ( ex, illegitimate or legitimate is still a
form of discrimination, PH is the only country that has it nalang)
CONVENTION ON THE RIGHTS OF THE CHILD (1989)
• Ratified by the Philippines in August 1990
Example
• Entered into force September 2 1990
Children in public schools cant be discriminated against because they
• One of the most widely ratified conventions in the world, together
wont have parents, or they only have a single parents,
with the CEDAW
This is also arguably a form of discrimination.
• only convention that is gender sensitive in text
There are also movements that try to abolish all boy or all girl schools.
To this date the US is the only country that has yet to ratify the CRC.
This is considered also a form of discrimination.
Why?
In Ecuador, theres a movement to eliminate the gender based school.
They feel that it gives too much emphasis on child’s rights over
So the all boys and all girls schools are now mixed because a law was
parental rights and too much autonomy given to children might not be
passed saying that this was a discriminatory practice, against the CRC.
good for them. They say we don’t need to be because we already fulfil
children's rights and we already have laws in place that are as good are
3.1 LIFE
even better than the CRC.
The best interest of the child is the primary consideration.
This recognizes that every child has the inherent right to live and that
What the international community thinks is that they don’t want to
the state parties shall ensure to the maximum extent possible the
report, especially because at this time children were being tortured in
survival and development of the child
Guantanamo Bay and their Juvenile Justice System is really bad and up
( FIND PROVISION ON THIS)
to now, their welfare homes are not up to the standards of the CRC.
Why do you think they included to therm the maximum extent possible?
4 GENERAL CATEGORIES OF CHILDREN’S Here one of the reasons why the convention was hailed as a success
RIGHTS was because it recognized the different capacities of different
states ( similar to our discussion under the ICESCR).
SURVIVAL It ensures that the child has a right to life.

PARTICIPATION You don’t need money to not kill children, but you need resources to ensure their
survival and development, to have good schools, to pay the teachers, to the max-
PROTECTION imum extent possible.

DEVELOPMENT This right to life is called ONE OF THE CORE RIGHTS, it’s one
of the starting rights that a child has, and without it the rights of the
• child become meaningless. Without it, how are they able to claim their
right to an education, to participate in government processes etc?
Ex. Killing of a little boy named kulot ( stabbed multiple times)

Page 3 of 16

The CRC committee has ruled that when a state fails to protect the
right to life of a child even when not caused by state actors, it is
still the state liable for the failure of the system to protect children
from going through things like this or for actually allowing it to hap-
pen or not condemning it, or creating the environment where these
kinds of things can happen.
Right to life also includes a prohibition on death penalty
In Iran, its still legal to kill a child
What about abortion?.
The CRC is silent or at most, vague on the concept of abortion.
But in the preamble it states:
Bearing in mind that, as indicated in the Declaration of the Rights of
the Child, "the child, by reason of his physical and mental immaturity,
needs special safeguards and care, including appropriate legal protec-
tion, before as well as after birth”,
Based on this provision, do you think it allows abortion?
The reason why they kept it vague on purpose is because there
are conflicting ideas as to when life starts.
Other said it was legal and others said it was illegal, they feared that if
they made a pronouncement then they would not get enough ratifica-
tion
TRIVIA: Who pushed for this statement in the preamble?
PHILIPPINES AND VATICAN
Under Optional protocol 3, children can bring complaints to the CRC.
If I were say the sister of a child that was aborted, can I bring forth my claim
based on this preambular text?
No, she wouldn't have standing since the preamble is not self
executory, its not binding.
However, you could use it to guide the interpretation, but you cant
claim a right.
This is actually an issue where the rights of children and women clash.
One of the cases pending in the committee is this:
THE CASE OF BABY GAMMY
Australian couple, where surrogacy is permitted, contracted a surro-
gate mother in Thailand. When the children were born, one of them
had a serious birth defect thus the Australian couple only wanted the
healthy twin.
In surrogate agreements, are you allowed to choose just one twin?
Is it really in the best interest of the children to be separated from
their twin?
In the end they were allowed because the contract was treated as a
commercial contract so they used contract law.
So baby Gammy and still lives, but was raised by the grandmother of
the surrogate.
The vagueness on the right to life is also seen in the CR committee
pronouncements, the CRC committee in its general comments in that,
with regard to the actual process of abortion, it does not take into
consideration the rights of the child, such as a comment that explains
that the decision to abort based on gender is a violation,
So does that mean decisions on abortion not based on gender are allowed?
Doesnt say.
Also they said, in General Comment 15, in the rights child to health
they discussed abortion and post abortion care services. They ex-
plained that WON abortion is illegal or legal, care should be afforded
to the child especially the adolescent child.
So does that mean the committee is allowing abortion since they said abortion
services must be provided? Its all very unclear
3.2 SURVIVAL AND DEVELOPMENT
Survival: broader concept that includes the sustaining of life, includes
measures such as immunisation, , access to nutrition, health care and
hygiene. NOT JUST RIGHT TO LIFE, BUT A GOOD LIFE
Development: Refers to the development of the child’s physical and
mental development, includes proper nutrition and education.
“PLAY” is considered a right in CRC which is not found in any
other instrument. It’s a right that children have alone and adults
don’t. The right to be protected from violence and against discrimina-
tion, adults have as well but right to play is the only right exclusive to
children alone.
So the Right to life is seen as the very basic right form which Survival
and Development spring.
Example.
Female genital mutiliation: culture cannot be used as a justification for
violation of children’ humans rights ( article 19)
But what about male circumcision?
Committee has said its also a violation ( but other countries like the
Philippines still practice this)
Example.
Child Marriage
Development of the child is impaired. The child’s right to life is not
just the right to life but a good life, she will not develop as normally as
other children would to grow in a family environment, to not be
forced to having sexual relations with a grown man, and to choose who
she eventually wants to marry when she becomes an adult.
Doesn’t right to life include the right to die?
Vague, was never answered or tackled by the committee.
If the state does not recognize suicide as mental health issue, then its
actually a violation. If the state sees that rates of suicide getting higher
and not doing anything about it then it can also be a violation since its
also related to the health of a child
Traffic accidents, isn;t that the fault of the states?
In Vietnam the number 1 cause of death of children is motor vehicle
accidents
International obligations state that no state can refuse entry
to an unaccompanied child.
___
Felina Rosalde vs. People of the Philippines GR 173988 Octo-
ber 8 2014
Page 4 of 16
FACTS: The petitioner Felina Rosaldes, a public schoolteacher, was
charged and found guilty of child abuse punished under RA 7610.
It appears from the records that seven year old Michael Ryan Gonza-
les, then a Grade 1 pupil, was hurriedly entering his classroom when he
accidentally bumped the knew of his teacher, herein petitioner, who
was then asleep on a bamboo sofa. Petitioner asked Michael to apolo-
gize, the latter, however, proceeded instead to his seat. Petitioner then
pinched Michael on his thigh, held him up by his armpits and pushed
him to the floor causing him to hit a desk and, consequently, losing his
consciousness. Petitioner proceeded to pick Michael by his ears and
repeatedly slammed him down on the floor.
Petitioner contends that she did not deliberately inflict the physical
injuries suffered by Michael to maltreat or malign him in a manner
that would debase, demean or degrade his dignity and avers that her
maltreatment is only an act of discipline that she as a schoolteacher
could reasonably do towards the development of the child.
ISSUE:
Is petitioner guilty of the crime of child abuse punishable under RA
7610?
HELD:
YES, petitioner Rosaldes is guilty of violation of RA 7610. Although
the petitioner, as a schoolteacher, could duly discipline Michael Ryan
as her pupil, her infliction of the physical injuries on him was unneces-
sary, violent and excessive. The boy even fainted from the violence
suffered at her hands.
In the crime charged against the petitioner, therefore, the maltreat-
ment may consist of an act by deeds or by words that debases, de-
grades or demeans the intrinsic worth and dignity of a child as a hu-
man being. The act need not be habitual. The physical pain experi-
enced by the victim had been aggravated by an emotional trauma that
caused him to stop going to school altogether out of fear of the peti-
tioner, compelling his parents to transfer him to another school where
he had to adjust again. Such established circumstances proved beyond
reasonable doubt that the petitioner was guilty of child abuse by deeds
that degraded and demeaned the intrinsic worth and dignity of
Michael Ryan as a human being.
___
CRC is clear that corporal punishment is a violation of children’s
rights.
The Interamerican Court of Human Rights v. Guatemala was the first
court that discussed the extra legal killing of children.
5 children were living in the street and killed by police because they
were doing drugs, and it was alleged that they were doing petty crimes
in the area.
State party can be charged with this, because its a systematic practice
of violence against children at risk in its territory.
The Charles Garde Case
27 June 2917:
The argument here was whether it would be in the best interest of
baby charlie to undergo this experiment that could potentially save his
life, and it was a balancing of the parents rights to choose what
they want for their child and the states rights to regulate par-
ents choices which can harm a child and in this case it was the
hospital through state regulations that won. This is still a decision that
is being debated because the European court on human rights can only
rule regarding the european declaration on human rights.
4. RIGHT OF PARTICIPATION
Article 12
1. States Parties shall assure to the child who is capable of forming
his or her own views the right to express those views freely in all
matters affecting the child, the views of the child being given due
weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the
opportunity to be heard in any judicial and administrative pro-
ceedings affecting the child, either directly, or through a represen-
tative or an appropriate body, in a manner consistent with the
procedural rules of national law.
THINGS TO TAKE INTO ACCOUNT IN TEMRS OF PAR-
TICIPATION
1. Let the child express,
2. Listen
3. Make sure such expression was considered or given weight
Does not mean that the childrens’ view should always be followed to
give full effect to their rights, does not necessarily mean all the rights
of the child are correct
There are certain laws in place that provide age limits for this right to
expression.
Here in the Philippines, there are laws that provide age limits regard-
ing the child's rights to be heard:
• Adoption ( consent of 10 years old)— side comment: states putting an
age limit would violate the CRC
However, look at:
• Child witness rule- has no age
Whats the presumption there?
Its the party alleging otherwise or against the testimony of the child
that has the burden to prove this
This is an example of a good law that respects this principle.
Note: Right to be heard is a collective right
TRUE OR FALSE: not presenting a child in court and only
presenting a social worker who says what the child told him/
her is a violation of the child’s right to be heard:
To answer this, remember there are two types of Participation avail-
able to a child:
1. DIRECT
2. INDIRECT
A lot of people have a problem with the right to participation and
sometimes it in the best interest of the child to have indirect partici-
pation and this social worker scenario is a good example of a form of
right to be hear. So whats the answer? FALSE.
WOMENS RIGHTS AND Page
THE 5 of 16
CEDAW
 Women shall have equal access to
What is discrimination against women? opportunities, its not necessarily
treating women and men equally
but treating them differently at
Article 1
times, to give them equal ac-
For the purposes of the present Convention, the term "discrimi-
cess, to get to the root of the
nation against women" shall mean any distinction, exclusion gender inequality.
or restriction made on the basis of sex which has the effect
or purpose of impairing or nullifying the recognition, en- On Gender Quota: can be a form
joyment or exercise by women, irrespective of their mari- of substantive equality if you pro-
tal status, on a basis of equality of men and women, of vide a context, but establish the
human rights and fundamental freedoms in the political, context that will make it a form of
economic, social, cultural, civil or any other field. substantive equality.
Equality on its face
Formal Equality: You offer to
both regardless of whatever sex
they are ( offering college to
both)
Ex. ALS does not care if you
are male or female, we have 50
scholarships, we will accept yo
provided you make it

What is the back story behind the gen-

der quota?
If its a seemingly discriminatory
concept then its a possible form of
DISTINCTION. EXCLUSION. RESTRICTION.
substantive equality.
You make these three acts on the basis of sex, the exclusion and
the distinction is based on no other basis than the distinction of male You are trying to correct the
an female or no other reason except for the fact that she was born inequality witih something
male or female. seemingly discriminatory be-
cause you are trying to treat
Effect IMPAIRING OR NULLIFYING RIGHTS the root of the problem.

Why do you have to add this clause -“irrespective of marital status”?

So as not to create a distinction between married and unmarried
women

Is there a difference between single and married woman?
Marital status:
Name change, support, property, taxes, criminal liability
Marital status sometimes changes things for married and divorce
women, that men do not experience when men are divorced
But substantive equality looks deeper.
Was there a head start somewhere that makes them not so equal?
In the gender quota example, if it is found that there was a head
start for the boys, what that gender quota is trying to do is
correct that historical injustice

Next part of the definition:
“Political, economic, social cultural”
Political: right to vote
Social or Cultural: Child Brides
CEDAW
The CEDAW is one of the most ratified human rights conventions
world wide, but also one of the most heavily reserved. Meaning
when states sign up to conventions, they agree to the object and to the
heart of the convention but there may be sone provisions that by rea-
son of religion or culture, they are not prepared to comply with. Be-
cause the CEDAW deals with a lot of social and cultural norms, it
becomes heavily reserved.
Adopted in 1979: Ph was the first ASEAN country to sign
CEDAW is not a magna carta for women, its really flagging areas
where discrimination may occur and giving a message to state parties.
How do we address these forms of discrimination given that they are
embedded in culture?
1. EQUALITY
2. NON DISCRMINATION
3. STATE OBLIGATION
What is the difference between formal and substantive equality?
Substantive equality looks into a variance in treatment that
might merit some corrective measure.
TEMPORARY SPECIALMEASURE:
• meant to just last until you reach that substantive equality
that you are trying to reach, until the historical injustice is ad-
dressed, it will be removed once the objective has been achieved
since its a form of differentiated treatment
• Temporary special measure on its face is discriminatory but if taken in
context, it is not discriminatory because you want to apply it to treat
a specific injustice
• SPECIAL because you want to treat a specific issue
• MEASURE: it can take the form of many things, policies, laws,
agencies
Article 4
1. Adoption by States Parties of temporary special measures aimed
at accelerating de facto equality between men and women shall
not be considered discrimination as defined in the present Con-
vention, but shall in no way entail as a consequence the
maintenance of unequal or separate standards; these
measures shall be discontinued when the objectives of
equality of opportunity and treatment have been
achieved.

SUBTANTIVE FORMAL EQUALI- How different are temporary special measures from article 4 paragraph 2?
EQUALITY TY

Page 6 of 16
 Article 4
xxx
2. Adoption by States Parties of special measures, including
those measures contained in the present Convention, aimed at
protecting maternity shall not be considered discriminatory.
Art.4 (2) is something more permanent.
What do these measures intend to address?
Special measures that deal with MATERNITY.
Example:
Maternity leave:
Addressing some biological difference that will never go away, thus the
special measure of maternity is clearly warranted.
Paragraph 2 of Article 4 is not temporary, it recognizes that women
have the special capacity to bear children, they experience some-
thing difficult when they are bearing or carrying children and thus
certain measures addressed towards this biological difference will not
be considered unfair or discriminatory if maintained.
DIRECT DISCRMI- INDIRECT DISCR-
NATION MINATION
OBVIOUS FORMS OF DIS- ON ITS FACE, A POLICY
CRIMINATION OR ACTION MAY SEEM
EQUAL, BUT WHEN AC-
TUALLY APPLIED, OR IS
PUT IN PRACTICE, IT RE-
SULTS IN DISCRMINA-
TION
Example.
American Ninja Warrior: all the obstacles are built around the normal
build of just males, so the women can join but it makes it impossible
for he to complete the course.
There are some perceptions about gender and sex that started out
from some truth and that truth is that biological function but over
time, this biological difference has snowballed into something else.
This is where our conceptions of “nurturer” (for women) and
“provider” for men evolved from.
There are social equivalents or values which were not initially intended
by biological differences attached by society but now whether they
meant it or not it gave birth to discriminatory practices which we have
to correct by these measures.
Why is violence against women a form discrimination?
Babae ka sasaktan kita
Biologically, women are more vulnerable than men, once can easily
inflict violence against women more than men. Its the greater like-
lihood of injury that results from injury by men to women.
6. The Convention in article 1 defines discrimination against
women. The definition of discrimination includes gender-based
violence, that is, violence that is directed against a woman
because she is a woman or that affects women dispropor-
tionately. It includes acts that inflict physical, mental or
sexual harm or suffering, threats of such acts, coercion
and other deprivations of liberty. Gender-based violence may
breach specific provisions of the Convention, regardless of
whether those provisions expressly mention violence
(PAR. 6 General Comment 19)
Violence that is directed against a women because she is a woman or
that affects women disproportionately. It includes acts that inflict
physical mental or sexual harm or suffering, threats of such acts, coer-
cion and other deprivations of liberty. Gender based violence may
breach specific provisions of the convention regardless of whether
those provisions expressly mention violence.
VAWC (RA 9262)
• There must be a form of relationship
• Forms of violence:
• Physical, psychological, economic, sexual
How do these factors affect women different from men?
Example.
Withholding economic support. There was a case where a man and his
family was withholding economic support from his wife. This was con-
sidered a form of economic violence. Why? She could have just gotten
a job on her own. But in this case there was an added layer of abuse.
She was also prevented from working, she had no choice.
Why does it affect women disproportionately?
Physical Abuse
How does violence against women affect women disproportionately
such that its considered by these international documents as discrimi-
natory?
( long discussion, not relevant)
INTERSECTIONALITY:
Women are discriminated on not just based on their gender but be-
cause of their religion, caste, age. When governments draft policies,
they have to take into consideration that there are those who are at an
even more of a disadvantage because of how all these different factors
intersect and thus increase the level of vulnerability of a woman.
Intersectionality shows that discrimination against women is not stat-
ic or is not all the same.
COMPLAINTS PROCEEDING FOR VIOLATIONS
COMMUNICATIONS: complaint mechanism provided by the in-
strument to an injured party
INDIVIDUALS CAN FILE COMMUNICATIONS ON THEIR
OWN.
Page 7 of 16
 KAREN VERTIDO CASE
You’re asking a Higher court to review the decision of the lower court,
is that what Vertido was asking for when she filed a communication?
No. Her cause of action was already based on the state’s failure to pro-
tect her rights as a woman under the CEDAW and NOT to overturn
GENDER IDENTITY, HUMAN
SEXUALITY AND DISCRIMINA-
TION
4. The relationship of the victim and the accused. ( the fact that the
accused and the victim are more than nodding acquaintances)—
SWEETHEART DEFENSE
5. When a rape victim reacts to the assault by resisting the attack
and also cowering in submission because of ear, it is problematic
( court should not have imposed a standard of normal or natural
behaviour on rape victims)
6. The rape victim could not have resisted the attack if the accused
were able to proceed to ejaculation
7. It is unbelievable that a man in his sixties was capable of rape

So what happens after the communication?

Determination iff the state has violated its obligation and second if
there is a finding of a violation then the creation of recommendations
to address the violations.

So what did the committee do to address this?

There was a finding or a recommendation that the state shall review
its rape clause, the judiciary, and find judges who are stereotypical like
in this case.

So there is the capacity of the committee to command the state to pay

damages to the injured party, but the second is more policy level, the
state should review its cases on rape, and also look at your oth-
er laws that pertain to sexual abuse, and review how they are
to make it more compliant with the CEDAW.
the decision of the domestic court SEX GENDER SEXUAL ORIENTA-
TION

COMMUNICATION PROCEDURE IS NOT AN APPEAL:

BIOLOGY EXPRESSION: ATTRACTION
Its a way to hold the state liable for failing to fulfil its obligations un- MALE TWO SPIRIT LESBIAN
der the CEDAW. FEMALE ANDORGYNOUS GAY
MASCULINE QUEER
FEMININE QUESTIONING
In this case the State based its acquittal on gender stereotyping and TRANSGENDER
thus the state was in violation of its obligations under the CEDAW. GNENDER NON
CONFORMING
She was saying that the lower court decided on the basis of certain QUESTIONING
gender stereotypes
IDENTITY:
QUEER
• MYTHS: TWO SPIRIT
TRANSGENDER
1. A rape victim must try to escape at every opportunity ANDORGYNOUS
QUESTIONING
GENDER NON-CON-
2. To be raped by means of intimidation, the victim must be timid or FORMING
easily cowed ( stereotype of a rape victim), in this case, can she be
characterised as timid? NO. She was the executive director of the chamber
of commerce. She was educated.
Two Spirit: a native american term, an umbrella term of expression or
Why is this not important in a rape case? identity.
Every victim acts differently.
Also, is rape dependent on the personalty of the victim?
No. You’re looking at the action of the accused, you shouldn't be cas-
tigating the actions of the victim. Sexual Orientation:
In the actions of the accused do you find all the elements of rape? So “ place of oppression”
you shouldn't be looking at the acts of the victim, look at the acts of The problem is heterosexuality: “because we are not in that framework we
the accused. are discriminated and all the rights that are being advocated are not rooted in
how we experience such rights”
3. To conclude that a rape occurred by means of threat, there must Lesbians and gays do not have a problem with their identity, its more
be a clear evidence of a direct threat ( instead of employing a con- of people discriminating because people know they are attracted to
text-sensitive assessment of the evidence and looking at the cir- the same sex.
cumstances as whole, the court focused on the lack of objective
existence of a gun) Transgender: thats where Identity is the problem is

Page 8 of 16
Intersex as well: Jennifer Kagandahan ( born with both male and fe-
male genitalia)
Look at #11 of the report, it seems like he was alluding to the Ph be-
cause while we do not have crimes for same sex relations, we do not
allow them to change their identity, and we have two cases in the SC
that verify that. Silverio and Kagandahan.
Example:
Even in passports, birth certificates are controlling, so even though
they want to change they cannot, but at least they express it in their
own way.
Identity is a problem for the transgender.
The others, are more eon expressions.
Identity has to do with the cognitive reasoning of what or who you
think you are, who are you to yourself and I’ve always said that
you have the right to ascertain who you want to be.
When you say right to self determination which you have come across the CI-
CPR or ICESCR, its more on the context of as a people, as a culture but what
about the right to determine yourself?
Your personhood your individuality, and your sexuality?
If you go by the decision of the Silverio case, the right to change your
name is not a right it is a privilege. That is true if I wanted to change
my name, I would have been restricted with what the rules provide,
that only if it is ridiculous etc. Would i be allowed - that is a privilege,
because that does not impinge of my individuality, its a nomenclature,
its. Label.
But for transgender and for those who want to for example, intersex,
Silverio, who had gender reassignment surgery, its not a matter of priv-
ilege its a matter of identity and thats what this report is saying.
While we in the Philippines do not punish sexual relations between
same sex couples we do not accord them the right to identity. Form
their perspective it is a right.
You’re aware that you’re only allowed to change the gender on your
birth certificate by mere clerical error and not base on gender reas-
signment surgery in the Philippines right?
In 70 countries it is still penalised to have a male to male relationship
and in 40 countries female to female relationships.
When you say Gender non-conforming, what do you mean by that?
You do not conform to the gender roles brought about or ac-
ceptable to society.
This ignorance of gender non conforming is not only from a mis un-
derstanding but also from the disbelief that this “thing” this being gay
or lesbian or bisexual or whatever, can happen to a person.
BEING TRANSGENDER IS INDIFFERENT FROM BEING
GAY:
Transgender is different from being gay, gay is a sexual orientation.
TRUE OR FALSE: By virtue of their age, the youth cannot know yet
that they are LGBT.
FALSE.
Individuals become aware of their orientation and identity at a varying
age. Recent studies show that LGBTs self identification age has dra-
matically decreased in the past decades. ( 16 years old in the past
decade, 22 years old in the 80s)
TRAFFICKING IN PERSONS: A
SITUATIONER
Children have at the age of 10 an understanding of their orientation
and identity.
TRUE OR FALSE: Sexual Orientation and Gender Identity are mat-
ters of Personal Choice so the youth can choose not to be LGBT.
FALSE.
SOGI: deep seated, INHERENT ASPECTS OF PERSONAL
IDENTITY and attempts to change the other are both futile and
harmful to the youth, according to studies. No scientific evidence have
shown success in reparative therapy, more importantly, altering is not
an appropriate goal.
Lesbians and Gays don’t have the same advocacies as those who have
different identities, transgenders and transexuals focus on identity. So
even if you ask them, gay marriage is not even an issue for transgen-
ders yet.
Ex. Women have different priorities also, depending on class status or
race.
In the report, he also mentions about the negative effect of a termi-
nology such as transsexualism which was used in the 80s. Transgen-
der is more inclusive because there are those who don’t want any med-
ical intervention. They shouldn't be excluded because they don't want
to undergo sex reassignment surgery. Its more of the external expres-
sions for them.
“PATHOLOGIZING”
seeing it as a disease or an illness
If you are a pathological case, one is stigma.
What is the implication of categorising someone as a pathological case?
IT IMPLIES THAT YOU COULD BE CURED OR THERE
IS A TREATMENT
Aside from the stigma, it applies that it is not inherent in you and that
it is an affliction that needs to be treated, like being an LGBT is a
virus.
Whats the middle ground between religious freedom and expression of identity?
If the service is for public order or a public service, the invocation of
religion should be tempered.
The Philippines
SOURCE COUNTRY: Where victims of trafficking come from, be-
cause of our large number of countrymen who live abroad, migrant
workers and OFW, the Philippines is considered a source country for
trafficking
Page 9 of 16
likewise we are also a: Qatar
Kuwait
DESTINATION COUNTRY Taiwan
its where the traffickers, pedophiles come to Italy
Malaysia
TRANSIT COUNTRY Bahrain
Where traffickers and victims would be passing by in transit.
These are based on the number of documented OFWs
How do we gauge our efforts in human trafficking? On the other hand, there are those who aren undocumented.
Is there an IO that ranks us or monitors our efforts?
Its the US government, they issue a report called the US G TIP. What What does it mean to be undocumented?
does it do? When you are documented, what documents do you need if you want
US government ranks all the countries in relation to their anti traffick- to abroad and work?
ing efforts Overseas Employment Contract

There are three tiers: Philippine Exit Points: International airports

Tier 1: most compliant in relation to their anti trafficking laws
Tier 2: still need some effort If you want to leave the country not using these proper exit points, where would
Tier 3: watchlist, walang effort you go if you don't want to go through the proper documentation?
This is where illegal recruiters come in.
So it ranks and gets data of what the government is doing and then Illegal recruitment: Zamboanga City, then ride a boat to tawi tawi
they come up with an annual ranking, so this ranking has been around then to Malaysian group of islands.
for several years.
What do you think the ranking of the Philippines is now? In a couple of days, they’ll be able to reach Malaysia
Another route is Palawan
Tier 1
the Philippines was upgraded to tier 1 status in the 2016 GTIP of the Legislative Response to these problems:
US. UN Convention against Transnational Organized Crime
To date the Philippines has retained tier 1 status according to the 2017 Palermo Convention
Trafficking in Persons Report Palermo protocols:
We are the only SEA in tier 1, not even Singapore is tier 1 Protocol to prevent, suppress and punish trafficking in persons, espe-
cially in women and children
One of the indicators is that there is an increase of traffickers Protocol against the smuggling of migrants by land sea and air and
being convicted in the courts. Protocol against the illicit manufacturing and trafficking of firearms
All of that led to our Tier 1 status.
PALERMO Protocol: Its a city in Italy where these protocols were
Whats the use of these tiers? signed
Aside form the name and shame it does have political and economic With this, it was in effect, 2001 and the Philippines is one of the signa-
implications as well tories of the Palermo protocol, and with that we have a corresponding
When a country is in tier 3 status, the US government will obligation to enact domestic law to criminalise trafficking in persons,
withhold non humanitarian aid to this country and will not be which we have:
inclined to do trade relations with such country.
Anti-Trafficking in Persons Act of 2003 ( RA 9208)
Being in Tier 1 status means that the Philippines is fully compliant
with the Us Trafficking Protection Act. Expanded Anti Trafficking in Persons Act of 2012: RA 10364
Effectivity: March 1, 2013
Aside from the US G TIP report, theres another international guide-
lines issued by the international NGOs such as the walk free founda-
tion
ELEMENTS OF TRAFFICKING OF
• 2016 GLOBAL slavery index PERSONS
Ranked no 19 out of 167
.39. 8% of the Philippine population is suffering under some form of ACTS
human trafficking Recruit, hire obtain harbour, receive, maintain, transport, transfer, offer,
Philippines got a BB ranking, which is quite good in Asia we are one of provide
the top performers in Asia
MEANS
• 413,112 out of 103796,838 Filipinos are being trafficked Non violent means; fraud deception, abuse of vulnerability or position,
giving or receiving payment or benefits
Violent Means: Force, threat, coercion, abduction
Top 10 Country Destinations:
2014:
Saudi
UAW
Singapore
Hongkong

Page 10 of 16
 PURPOSE: Section 20. Inter-Agency Council Against Trafficking. – There is
Sexual Exploitation prostitution, acts of lasciviousness, pornography, hereby established an Inter-Agency Council Against Trafficking,
sex tourism to be composed of the Secretary of the Department of Justice as
Labor Exploitation: forced labor, involuntary servitude, debt bondage, Chairperson and the Secretary of the Department of Social Wel-
slavery; fare and Development as Co-Chairperson and shall have the fol-
Organ Exploitation: Removal or sale of organs lowing as members:

(a) Secretary, Department of Foreign Affairs;

Example (b) Secretary, Department of Labor and Employment;

You recruit someone to become a waitress in Italy, you get payment
from her but then you’re never heard from again.
Is that trafficking?
NO. The element of purpose is not there. Thats illegal recruitment
since theres recruitment without license or authority but you cant
categorize that as trafficking.
But what if the facts change and I actually bring her to Italy and she becomes a
prostitute?
Thats trafficking of persons
(c) Administrator, Philippine Overseas Employment Administra-
tion;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino
Women; and

What if the victim is a minor? (g) Three (3) representatives from NGOs, who shall be composed
THE MEANS IS IRRELEVANT. of one (1) representative each from among the sectors represent-
THE LAW SAYS IF THE VICTIM IS A MINOR, THE ing women, overseas Filipino workers (OFWs) and children, with
MEANS IS IRRELEVANT. a proven record of involvement in the prevention and suppression
of trafficking in persons. These representatives shall be nominat-
ORGANIZATIONAL RESPONSE ed by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.

The members of the Council may designate their permanent rep-

resentatives who shall have a rank not lower than an assistant
secretary or its equivalent to meetings, and shall receive emolu-
ments as may be determined by the Council in accordance with
existing budget and accounting, rules and regulations.

FIGHTING MODERN SLAV-

ERY
THE ANTI-TRAFFICKING IN 4Ps of HUMAN TRAFFICKING
Advocacy and Prevention,
PERSONS ACT OF 2003 (RA 9208) Protection, Recovery and Reintegration
Prosecution and Law Enforcement
Partnership and Networking

Regionally, we have what we call the ASEAS Convention on Trafficking

in persons (ACTIP) especially women and children and the ASEAN
Plan of Action against trafficking in persons

FACTORS OF HUMAN TRAFFICKING

Economic Factors
Economic crisis
Globalisation
Profitability of trafficking
Global demand for cheap and vulnerable labor

SOCIAL/CULTURAL FACTORS
commodification of sex, women and children
Gender-biased socalization process, power relations and gender in-
equality
Lack of awareness and understanding communities about trafficking
Lack of awareness, understanding and respect for human rights

Page 11 of 16

Political Factors:
Policy on labor migration
Legalisation of prostitution as work in some foreign countries
Lack of information,, weak and uncoordinated implementation of laws
Incidence of graft and corruption
Lack of priority for programs services for women
Children
What is human trafficking?
The recruitment, hiring, transport, transfer, harbouring,
receipt, offering or providing of a person using deception
abuse of vulnerability, violence or payment for an ex-
ploitative purpose
Migrant Smuggling:
Bringing another person to another jurisdiction for profit
and illegally, meaning the person has no proper travel
documents
Whats the difference between migrant smuggling and trafficking?
In migrant smuggling: is there a purpose of exploita-
tion in migrant smuggling? not necessary. They
don’t care about what happens to those people there their
main concern is bringing them there
Is there a migrant smuggling law in the Philippines?
No.
Who is a child?
Sec 3 (b) Child refers to a person below eighteen years of
age or one who cannot take care of himself
The purpose of trafficking is always exploitation.
KINDS OF TRAFFICKING
Sex Trafficking
Labor Trafficking
Organ Trafficking
Children in Armed Conflict
Organ trafficking: victims are forced into giving up an
organ
Children in armed conflict: a child associated with an
armed force or armed group, party of any kind of regular
or irregular armed force or armed group
WHAT ABOUT CONSENT?
CONSENT OR AGREEMENT OF THE VICTIM TO
BE TRAFFICKED IS IRRELEVANT
stems from the principal of human dignity and rights
Sexual Trafficking: Prostitution
Refers to any act, transaction, scheme or design involving
the use of a person by another for sexual intercourse or
lascivious conduct
Sexual trafficking: Pornography:
Refers to any representation, through publication, exhibi-
tion, cinematography, indecent shows, information, tech-
nology or by whatever means, of a person engaged in real
or simulated explicit sexual activities or any representa-
tion of the sexual parts
But what if the victim is a minor?
Anti child pornography law: refers to any representation
whether visual , audio or written combination thereof by
electronic mechanical, digital optical magnetic or any
other means, of child engaged or involved in real or simu-
lated explicit sexual activities
Labor Trafficking: Forced Labor: Involuntary Servitude:
Induced work: refers to a mental compulsion to work
Debt Bondage: the pledging by the debtor of his/her per-
sonal series or labor or those of a person under
Slavery: refers to the status or condition of a person over
whom any or al of the powers attaching to the right of
ownership are exercised
People are treated like objects
Most victims of child trafficking come from poverty
stricken families: from different parts of the country and
are brought to manila
PUNISHABLE ACTS UNDER THE ANTI-TRAF-
FICKING LAW:
• Acts of trafficking in persona
NON STATE ACTORS
• At that promote trafficking persons
• Attempted trafficking in persons
• Accomplices to trafficking
• USE OF TRAFFICKED PERSON: any person who
buys or engages the services of trafficked persons for
prostitution
When it comes to trafficking cases, POs cannot mess
with the investigation or prosecution of these cases
Human trafficking is a continuing offense
On an Affidavit of Desistance
• TIP cases involving trafficking in persons should not be
dismissed based on the affidavit of desistance executed
by the victims or their parents or legal guardians
Page 12 of 16
Prescriptive Period Sec 12
Section 12. Prescriptive Period. – Trafficking cases under
this Act shall prescribe in ten (10) years: Provided, how-
ever, That trafficking cases committed by a syndicate or
in a large scale as defined under Section 6 shall prescribe
in twenty (20) years.
The prescriptive period shall commence to run from the
day on which the trafficked person is delivered or released
from the conditions of bondage and shall be interrupted
by the filing of the complaint or information and shall
commence to run again when such proceedings terminate
without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the
accused.
EXTRA TERRITORIAL JURISDICTION
crime is a continuing offense
Which commenced in the Philippines
And other elements were committed in another country
This applies if the offender:
Is a Filipino citizen or
Is a permanent resident of the Philippines or
Has committed the act against a citizen of the Philip-
pines
3 cases on human trafficking
People v. Lalli
People v. Casio
People v. Hiram
Read these cases
Are there any fundamental differences in the nature of the
human rights obligations that fall upon governments and
upon non state actors?
States have the primary obligation to
REPSECT, PROTECT, AND FULFILL.
Governments: They have a PRIMARY DUTY.
If you invoke international human rights law, you can in-
voke that states must respect, protect and fulfil human
rights but theres a movement that non state actors have
international personality as well.
States are governed by International human rights law but
the movement is in somehow creating a bigger role for
non state actors in International Human Rights Law and
is brought about by the developments of the 21st century
such as privatisation and globalization and the emergence
of super powers that are not necessarily states.
DELINEATING BETWEEN STATE AND NON
STATE ACTORS.
Why are there delineations between the two?
What did Clapham say when it comes to the recognition of non
state actors?
What is the value added to that?
Multi National Corporations have a big impact in the in-
ternational arena, and their actions are not regulated
by treaties or customary laws.
IT ALL BOILS DOWN TO LIABILITY.
The reason why we are discussing this is because there is
gap in international law that cannot be addressed
by the existing framework or structure. There is
recognition that because OF globalization, and of some
of these non state actors, their impacts are transboundary
and because of their leverage on governments, they are
able to get away with it.
Its not only about the duties or the obligation to respect
human rights, but also non state actors, when you get
standing in IL, they may be right holders thAt may di-
rectly invoke these rights in international jurisdictions.
Subject of International Law vs. Object of International
Law
Subject: those directly bound in international law, rights
and OBLIGATIONS
Objects: these are entities who are beneficiaries whoa re
indirectly bound
When we talk about subjects of international law, these
are primarily the states because they have international
legal personality, when you look at treaties, and instru-
ments, conventions, covenants, its addressed towards
states. they bind states. Sometimes, they also bind in-
ternational organizations
ASSUMPTIONS:
Who deciders whether one may or may not be the sub-
ject of IL?
NONE.
There is no central authority in international law that can
categorically decide because it primarily governs the rela-
tionship between states its because these states are in es-
sence, independent and sovereign. Essentially, when you
talk about international law, its not the same as domestic
law, domestic law has a clear structure, there is authority
that residing in the people for the heads of the govern-
Page 13 of 16
ment but when it comes to international law, no one can
assert superiority over the other.
Essentially, the states are allowing themselves to be bound
by international law and they are deciding to accept it and
comply with it and it develop as time goes by. Essentially,
there is no central authority. The traditional claim that
states are the only subjects of international law as the au-
thor would question, is bound to be challenged, its not
permanent. Its not fixed.
Thats why there is this movement to have non state ac-
tors recognized as subjects of international law.
What does international law usually govern/apply to?
Relations of states
Who are now subjects of IL?
States
International Organizations
So these are the assumptions that we are working with.
DEFINITIONS
Article 1 of the Motevideo convention on the rights and
duties of states
There is no fixed definition f state and non of state actors
in international law, thus we first look t the definition of
states:
Permanent population
Defined territory
Government
Capacity to enter relations with other states
Also considered are sovereignty independence, self de-
termination, and recognition by other states
Ex. Catalan, wants to separate from Spain.
If they do, will they be considered a state already? No.
What gives you international personality is recognition
by other parties. You need other countries to recognize
that you are a state.
What/Who are state actors?
What/who are non state actors?
Why are there demands to recognize them under the IHRL
regime?
State actors are those who are acting with authority on
behalf of the state.
The opposite of that is how they define non state actors.
Non state actors are not confined to those who have in-
fluence or have leverage over governments, it is not limit-
ed to those who have transboundary activities or impacts,
but simply by virtue of not being or not represent-
ing the state, they are non state actors. So this is a
wide range of entities and organizations.
So why are there demands to recognize them?
There is a clamour for them to be held accountable
for human rights obligations.
In the International Law treaties and Instruments, most
of them are geared towards states but if you look at the
UDHR, human rights obligations are not only imposed
on states they are also the concern of every individ-
ual and ever organ of society.
By recognizing that, although states are the primary duty
bearers of human rights, individuals like us still have
obligation.
Recognition would mean they have personality in in-
ternational law.
KIND AND EXAMPLES:
( this part is based on the videos shown)
INTERNATIONAL ORGANIZATIONS:
PARTIAL SUBJECTS WITH LIMITED RIGHTS
AND DUTIES
MULTI NATIONAL CORPS:
PARTIAL SUBJECTS
INDIVIDUAL:
PARTIAL SUBJECT WITH RESPECT. TO WAR
CRIMES
BELLIGERENTS:
PARTIAL SUBJECT WHEN THEY ENTER INTO
INTERNATIONAL AGREEMENTS
DIFFERENT KINDS OF NON STATE ACTORS
AND THE IMPLICATION OF RECOGNIZING
THEM
MULTI NATIONAL CORPORATIONS
Video on Oil Spill by Shell
Usually states are held liable for violations of human
rights,but the gap there is that Shell would come out un-
scathed. Of course they should be held liable for the clean
up but the sense of justice isn't there.
There was a movement before to have a treaty that
specifically binds trans national corporations but ulti-
mately, that action failed in 2003, it that was rejected by
the human rights council.
If you look at it also, its easier to IMPUTE liability on
states because of the structure of international law.
But for non state actors, multi national corporations, are you just
going to impute liability on the Nigerian shell company or the
parent company as well?
Are you going to just charge those who were directly in-
volve in the oil spill or do you involve the highest people
in position in that organization.Thats why its more diffi-
cult than we think.
Page 14 of 16

THE GUIDING PRINCIPLES ON BUSINESS AND
HUMAN RIGHTS
• Voluntary, non binding
• the way they are implementing it is to encourage states,
as primary duty bearers, to put into place domestic laws
that would implement this and to give flesh to that hu-
man rights responsibility to respect human rights by
businesses.
Why is it that when it comes to the movement when it comes to
international law, they focus on international corporations?
Its because its a start to recognizing responsibilities. Its
more evident when it comes to the impact of transna-
tional corporations
BELLIGERENT/INSURGENT GROUPS
EX. ISIS
They're not necessarily considered a belligerent group,
but a terrorist group
But how can they be made accountable for their human
rights obligation?
Their actions are tantamount to war crimes, crimes
against humanity because the countries they are terroriz-
ing, its really a bit difficult to get a hold of all of them.
An interesting aspect of this would be how would com-
mand responsibility apply?
Is it evenapplicable?
CIVIL SOCIETY GROUPS
WHITE HELMETS
Syrian civil defense, voolunteer group that rescue bomb
victims
Fills the gap when the state fails to some extent
who should step in? other states?
In these kinds of situations, when the states fail, what
type of obligation do non state actors have to lessen the
situation?
In this case, the government fails, and what would be the
value added to recognizing them ( the white helmets) in
the international field?
Can they actually later on file the cases against the Syrian
Government?
GREEN PEACE
Activist Group that cares about the environment
activist groups as possessing international personality?
is this a form of piracy?
What was the motivation of green peace in boarding the
ship?
“ Not doing anything to alleviate the coal export” - they
are doing this because the government failed to
fulfil its duty to protect climate change
They are arguing its a peaceful protest,but if you were one
of those in the ship, what are also the obligations and du-
ties of civil society organizations in fulfilling their own
mandates and advocacies?
Because it may be violating international law and how
they are going to be protected and prosecuted would also
matter when it comes to existing human rights regimes
that we have
There are other civil society organizations that are very
prominent such as human rights watch, amnesty in-
ternational.
UN PEACEKEEPERS: primary obligation is to maintain
the peace in society and ensure the safety of foreigners
Who are they representing?
In what capacity are they there?
Are they there as state actors?
They’ re sent as UN peacekeeping troops
Who can be made liable for the violations of the UN peacekeep-
ing soldiers? Can you impute liability to the sending state or the
UN itself?
NON STATES AS SUBJECTS OF INTERNATIONAL
LAW
International court of justice reparation case
there is that current trend of recognizing non state actors
depending on the context and rights and treaties itself,
and recognzing them as partially subjects of international
law
They are not necessarily identical in their nature or in the
extent of their rights and their nature depends upon the
needs of the community.
Just because they have international legal personality,
does that mean they may be subjects of IL?
It is up to stats to start this movement in threshing out
the duties and responsibilities of non state actors in in-
ternational law because domestic law sufficient to impute
liability on non state actors
It does not mean that they have the states duties to up-
hold human rights to non state actors
So for national human rights institutions and human
rights bodies, it is a challenge now but the best way to
answer this is that YOU START FROM THE
PREMISE THAT EVERY SECTOR OR ORGAN
OF SOCIETY HAVE HUMAN RIGHTS RE-
SPONSIBILITIES
Page 15 of 16
The extent of those obligations may differ but they all
have a responsibility. The challenge of non state actors is
to go beyond the minimum expectation, thats why the
business rights principles encourages business enterprises
to promote and respect human rights. Even if its not re-
quired by the state.

Respect for human rights is something more than a mere

announcement or pronouncement, but it must be reflect-
ed in the policies.

Page 16 of 16