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Human Rights 101:
Focus on Equalityand Non-
Discrimination
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A Brief History of Human Rights
HR is not a new concept.
But early concepts and practice of
human rights was selective anddiscriminatory
Human Rights gained more
prominence and recognition afterWorld War II, as a response to theatrocities
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Some Definitions:
Human rights are a set of guarantees
Are protective devices designed to shield or protect
individuals from random violence & neglect
Inherent entitlements, birthrights and freedomswhich every person should possess & enjoy byvirtue of having been born a human being;
Human rights are normative standards/guidepostsupon which states are to conduct themselves whenrelating with their citizens;
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2 major parties involved in the realization& fulfillment of human rights
Rights Holders - Citizens/ordinary
individuals and has the responsibility
to defend, exercise, claim their HRDuty Bearers - State & everyone who
form part of the State machinery has
the obligations to know, respect,
protect & fulfill the HR of its citizens
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Relationship Of Duty Bearers and Rights Holders
Rights Holders (RH) Duty Bearers (DB)
Know
Exercise Respect
Claim Protect
Defend Fulfill
HR Obligations
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Discrimination: Some Definitions
Direct discriminationOccurs when an individual is treated lessfavourably than another person in asimilar situation for a reason related to aprohibited ground
Indirect discrimination
Refers to laws, policies or practices whichappear neutral at face value, but have a
disproportionate impact on the exercise ofCovenant rights as distinguished byprohibited grounds of discrimination
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Focus on EQUALITY and NON-DISCRIMINATION
Non-Discrimination is provided in all majorinternational HR Instruments.
Common Article 2 of UDHR, International
Covenant on Civil and Political Rights (ICCPR) andInternational Covenant on Economic, Social andCultural Rights (ICESCR)
The States Parties to the present Covenant undertaketo guarantee that the rights enunciated in thepresent Covenant will be exercised withoutdiscrimination of any kind as to race, colour, sex,language, religion, political or other opinion, nationalor social origin, property, birth or other status.(Article 2)
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Focus on EQUALITY and NON-DISCRIMINATION
ESCR General Comments No. 14, 15, and 18
Note that Common Article 2 is hinged ondiscrimination based on sexual orientation
and not on gender-identity (Flaherty, 2008)
This presupposes that discrimination based
on gender identity is under other status
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Focus on EQUALITY and NON-DISCRIMINATION
In ESCR General Comment No 20 (Non-Discrimination, May 2009)Sexual Orientation and Gender Identity were elaborated:
Sexual orientation and gender identity Other status recognized
in article 2(2) includes sexual orientation.
States parties should ensure that a persons sexual orientationis not a barrier to realising Covenant rights, for example,in accessing survivors pension rights. In addition, genderidentity is recognized as among the prohibited grounds ofdiscrimination; for example, persons who are transgender,
transsexual or intersex often face serious human rightsviolations, such as harassment in schools or in the workplace.
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So?
We are not asking for special rights.
We are asking for equal treatment and non-discrimination
SOGI should never be used as basis for differentialtreatment, but to understand the attendant issues
We are all entitled to the same set of rights, SOGInotwithstanding.
The Philippines, as a State party to almost allinternational HR instruments, is duty-bound to respecttheir provisions.
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The Yogyakarta Principles
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The Yogyakarta Principles
The idea originated in 2005 and the
documented was finalized in November 2006
in Gadjah Mada University, Yogyakarta,
Indonesia.
Drafted by 25 experts from across 25countries and headed by former UN High
Commissioner for Human Rights, Mary
Robinsons.
A set of principles on the application ofinternational human rights law in relation tosexual orientation and gender identity.
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The Yogyakarta Principles
The Principles affirm binding international legalstandards with which all States must comply.
While key HR mechanisms of the UN have affirmedStates obligation to ensure effective protection of allpersons from discrimination based on sexualorientation or gender identity, the internationalresponse has been fragmented and inconsistent, thusthe need for a consistent understanding of the ofinternational human rights law and its application to
issues of sexual orientation and gender identity.
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The Yogyakarta Principles
Suggestive and recommendatory in nature,
towards positive changes to eliminate gender-
based discrimination
Anchored on equality and non-discrimination
principles espoused by existing international
human rights (ICCPR, ECESCR, etc.) law andexpressly linked these principles to gender
identity and sexual orientation
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Why?
Constitute a mapping of the experiences of
HR violations based on SOGI
Express articulation of IHR in relation toSOGI
Spell out the nature of obligations of States
for the effective implementation of theseHR obligations
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The Yogyakarta Principles
Principles 1 to 3 set out the principles of the
universality of human rights and their
application to all persons withoutdiscrimination, as well as the right of all
people to recognition before the law.
Principles 4 to 11 address fundamental rights
to life, freedom from violence and torture,privacy, access to justice and freedom from
arbitrary detention.
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The Yogyakarta Principles
Principles 12 to 18 set out the importance of non-discrimination in the enjoyment of economic, socialand cultural rights, including employment,accommodation, social security, education and health.
Principles 19 to 21 emphasize the importance of thefreedom to express oneself, ones identity and onessexuality, without State interference based on sexualorientation or gender identity, including the rights to
participate peaceably in public assemblies and eventsand otherwise associate in community with others.
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The Yogyakarta Principles
Principles 22 and 23 highlight the rights of
persons to seek asylum from persecution
based on sexual orientation or gender
identity.
Principles 24 to 26 address the rights of
persons to participate in family life, public
affairs and the cultural life of their
community, without discrimination based on
sexual orientation or gender identity.
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The Yogyakarta Principles
Principle 27 recognizes the right to defendand promote human rights without
discrimination based on sexual orientation
and gender identity, and the obligation of
States to ensure the protection of humanrights defenders working in these areas.
Principles 28 and 29 affirm the importance of
holding rights violators accountable, and
ensuring appropriate redress for those whoface rights violations.
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The Yogyakarta Principles
While the recommendations embodied inthe Yogyakarta Principles are directed tothe State as the main duty-bearer,additional recommendation were set out.
Their are 16 additional recommendationsto national human rights institutions,professional bodies, funders, NGOs, the
High Commissioner for Human Rights, UNagencies, treaty bodies, Special Procedures,and others.
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Value?
ECOSOC accreditation of NGOs working onSOGI issues
Guides in policy making and standardsdevelopment in some countries (Canada etc)
Referred to in speeches of UN officials (UNHC forHR)
UNGA Resolution on EJE includes SOGI
HR standards are not cast in stone,developmental. Yogya contributes to the HRstandard setting in relation to SOGI
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Sources: Philippine Human Rights Information Center (PhilRights). Human Rights Resource
Book: A Compilation of Key International and National Human Rights Instruments.March 2009.
Commission on Human Rights, Source Book on Human Rights, 2006
Philippine Human Rights Information Center (PhilRights), Training on Your Rights:
Modules on Monitoring Economic, Social and Cultural Rights . 2006. Philippine Human Rights Information Center (PhilRights), Integrating Peace and
Human Rights in Secondary Education, 2008.
Flaherty, Michael and John Fisher. Sexual Orientation, Gender Identity andInternational Human Rights Law: Contextualizing the Yogyakarta Principles. 2008
General Comment No. 20: Non-Discrimination in Economic, Social and CulturalRights. May 2009. Accessed fromhttp://www2.ohchr.org/english/bodies/cescr/comments.htm
Backgrounder: Overview of the Yogyakarta Principles.www.yogyakartaprinciples.org/principles_en
http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx