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SEVENTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES )Second Regular Session )

J of t!(P f> ! ■ , t. t u r f

’,7 JUL -6 AlO :32

SENATE

SENATE BILL NO. VRECaVLu HY.

Introduced by SENATOR LEILA M. DE LIMA

AN ACTINSTITUTIONALIZING HUMAN RIGHTS AS A SEPARATE AND

SPECIALIZED SUBJECT IN BOTH BASIC AND H IG H ER EDUCATION

EXPLANATORY NOTE

Article XIV, Section 3 of the Constitution provides in part that -

“ (1) All education institu tions shall include the study o f the C onstitu tion as part o f the curricu lum .”

“(2 )They shall incu lca te patriotism , foste r love fo r hum anity, respect fo r hum an rights, apprecia tion o f the role o f the national heroes in the h istorica l deve lopm ent o f the country, teach the rights and duties o f c itizenship, s trengthen eth ica l and spiritual values, deve lop m oral characte r and personal d iscip line, encourage critica l and creative th inking, broaden sc ientific and technica l know ledge and prom ote vocational e ffic iency.”

“(3) XXX.”

Article XIV, Section 18, subparagraph 5 of the same also empowers the Commission on Human Rights (CHR) to “establish a continuing program of research, education, and information to enhance respect for the primacy of human rights”.

Subsequent legislations such as Republic Act Nos. 6655 (the “Free Secondary Education Act”), 9710 (the “M agna Carta ofW om cn,r), 9745 (the “Anti-Torture Act,T), and 9262 (the “Anti-Violence Against Women and their Children Act”) also expressly mandate government agencies to teach human rights in schools and other training institutions.

Various international Human Rights instruments, many of which are ratified by the Philippines, encourage State parties to provide for Human Rights Education (HRE), including, among others, the Convention on the Rights o f the Child, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Convention on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

In accordance with international human rights instruments, HRE is defined as training, dissemination and information efforts aimed at the building of a universal culture of human rights through the imparting of knowledge and skills and the molding of attitudes, which are directed towards : “(a) The strengthening of respect for human rights and fundamental freedoms ; (b) The full development of the human personality and the sense of its dignit>” (c) The promotion of understanding, tolerance, gender equality and friendship among all nations, indigenous peoples and racial, national, ethnic, religious and linguistic groups; (d) The enabling of all persons to participate effectively in a free society; (e) The furtherance of activities of the United Nations for the maintenance of peace.”1

It is important to note that the Philippines was among the signatories to the World Programme for Human Rights Education (WPHRE) of the United Nations Human Rights Committee, which is focused on integrating human rights education in the primary and secondary school systems.

All the above mentioned Philippine laws and treaties provide for the enabling framework for teaching human rights.

However, in a 2012 study commissioned by the CHR and the United Nations Development Programme (UNDP) entitled “The State o f Human Rights Edueation in the Philippnies: Issues, Coneerns and Directions”,2 it was reported that HRE was taught at the appreciation level only. One of their recommendations, in fact, is to “deepen HRE and go beyond the appreciation leveD.”

“Because it is supposed to be in tegrated in the courses, there is not enough time devoted so le ly to hum an rights. O ne teacher put it dram atica lly, because it is supposed to be in tegrated, only “a tota l o f 2 m inutes are used at the end o f the course to in tegrate hum an righ ts ...

XXX

...based on the survey and the focus group d iscussion (FG D s), the concerns o f hum an rights are incorporated in the various courses o f the schoo ls ...H ow ever, trea tm ent o f hum an rights is qu ite lim ited and thus m ay be said to be on ly at the level o f apprecia tion , at m ost” .

Even with the K to 12 Program now in place, HRE is still merely incorporated in various existing subjects^ from Grades 1-12.

In a time when human rights are violated on a daily basis- the summary execution of suspected drug offenders; the Philippine President himself criticized for

1 'The State of Human Rights Education in the Philippines: Issues, Concerns and Directions” Paper presented during the 7th National Congress on Good Citizenship Forming the Youth into Good Citizens ; Contemplating, Articulating, Operationalizing Values by Maricel T. Fernandez and Alex B. Brillantes of UP NCPAG (8 December 2012). Retrieved from http://www.0mbudsman.g0v.ph/UNDP4/wp-c0ntent/upl0ads/2013/07/The-state-0f- Human-Rights.pdf2 Ibid.

Ibid.^ Based on the May 2016 K to 12 Curriculum for Grades 1 to 10. HRF is incorporated in the E d iik a s y a n g sa P a g p a p a k a ta o subject. Based on the May 2016 K to 12 Curriculum for Grade 11 to 12, HRE is incorporated in the following subjects - (i)Understanding Culture, Society and Politics and (2) Introduction to the Philosophy of the Human Person

misogyny, catcalling female reporters and making derogatory^ comments about women; children forced to engage in the cybersex trade to feed their families; inmates densely cramped like sardines in jails and national penitentiaries; individuals flee their homes and communities of work and education in emergency situations brought by natural disaster or in the context of armed conflict, it is but the State’s responsibility to protect every' citizen against human rights abuse both by state and non-state actors.

The 2015 United Nations Report on the Role of Prevention in the Promotion and Protection of Human Rights'^ acknowledged that an effective HRE is an essential tool in the pr'otection of human rights:

“ 2 4 . H u m a n r ig h ts e d u c a t io n c o n tr ib u te s to th e p re v e n tio n o f h u m a n r ig h ts v io la t io n s a n d c o n f lic t, a n d to th e e n h a n c e m e n t o f p a r t ic ip a t io n in d e c is io n ­m a k in g p ro c e s s e s w ith in a d e m o c ra t ic s y s te m . . . i t e m p o w e r s r ig h t s - h o ld e r s t o c la im t h e i r r ig h t s , a n d d e v e lo p s th e c a p a c i t y o f t h o s e w i t h p o w e r a n d r e s p o n s ib i l i t y ( d u ty - b e a r e r s ) , s u c h a s th e p o l ic e , m i l i t a r y a n d p u b l ic o f f i c ia ls , t o m e e t t h e i r o b l ig a t io n s t o p r o te c t , r e s p e c t a n d f u l f i l h u m a n r ig h t s . In a d e q u a te h u m a n r ig h t s e d u c a t io n h a s b e e n id e n t i f ie d a s o n e o f th e g r e a te s t o b s ta c le s t o th e e n jo y m e n t o f a l l h u m a n r ig h t s b y a l l p e r s o n s . ”

This measure adopts the recommendation of the CHR-UNDP study to deepen HRE by institutionalizing human rights as a separate and specialized subject in both basic and higher education.

For the above reasons, the passage of this bill is earnestly sought.

I l V l I A M . D E L I M A 5

5 United Nations Report on the Role of Prevention in the Promotion and Protection of Human Rights. 16 July 2015. Retrieved from www.ohchr.org/EN/HRBodies/.../A_HRC_30_20_ENG.docx

SEVENTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES )Second Regular Session )

Ql I'lC .' "tn rp

■17 JUL-6 A1G:32

SENATE

SENATE BILL NO.E K I V ’ C C B ', .

Introduced by SENATOR E E IIA M. DE LIMA

AN AC rINSTITUTIONALIZING HUMAN RIGHTS AS A SEPARATE AND

SPECIALIZED SURJE.CT IN ROTH BASIC AND H IG H l.R EDUCATION

Be it enacted by the Senate and House of Representatives o f the Philippines in Congress assembled.

1 SECTION 1. S h o r t T itle . - This Act shall be known as the “Human Rights

2 Education Act o f 20iy."

3 SEC. 2. D e c la ra tio n o f Policy. -Article XIV, Section 3 of the Constitution

4 provides that all educational institutions shall include the study of the Constitution as

5 part of the curricula. As an integral part of our Constitution, human rights is a concept

6 that all Filipinos must learn if we are to survive as a modern democracy. As such, it is

7 the duty of our learning institutions to ensure that our citizens are properly educated

8 of the principles of human rights in both formal and non-formal settings. In

9 furtherance thereof, it is hereby declared a policy of the State to require all educational

10 institutions to teach human rights as a specialized subject taught separately and

11 progressively throughout the basic and higher education programs.

12 SEC. 3. C u rric u lu m . — The Department of Education (DepEd) and the

13 Commission on Higher Education (CHED) shall identify international human rights

14 education standards or best practices for basic and higher education, respectively, and

15 adopt those that they may determine to be aligned with existing State policies and

16 domestic conditions. Consistent with such standards or best practices, the DepEd and

17 CHED, in consultation with the Commission on Human Rights (CHR), shall formulate

18 the respective curricula and the course programmes for human rights studies for basic

19 and higher education that shall, at the minimum:

20 1. Consist of teaching modules or course syllabi that cover an introduction to basic

21 human rights principles, such as equality, non-discrimination, human dignity,

22 inclusion, empowerment, environmental awareness, and respect for the rights

23 of women, children, indigenous peoples. Persons with Disability (PWDs),

24 people with diverse sexual orientation and gender identity and expression

25 (SOGIE), and other marginalized or vulnerable sectors;

26 2. Focus on personal values, attitudes and behaviors that promote personal

27 responsibility for respecting, upholding and protecting human rights; and

28 3. Provide practical information for protecting oneself from gender-based

29 violence, child abuse and exploitation.

30 SEC. 4 . I iiip le in en ta tio ii P e rio d . - The DepEd and CHED shall formulate and

31 finalize their respective curricula within one (1) year from the effectivity of this Act;

32 and implement the same within two (2) years from the effectivity of this Act.

33 SEC. 5. M a n d a to ry E v a lu a tio n a n d R ep o rtin g . - Every four (4) years, the

34 DepEd and CHED shall conduct a mandatory review of the implementation of this Act

35 and submit a report of its findings to Congress.

36 SEC. 6. A p p ro p r ia tio n s . - The amount necessary to carry out the provisions of

37 this Act shall be charged against the current year’s appropriation of the implementing2

38 agencies. Thereafter, such amount necessar>' for the continued implementation of this

39 Act shall be included in the annual General Appropriations Act.

40 SEC. 7. S e p a ra b ility C lause. — Should any provision of this Act be declared

41 invalid, the remaining provisions shall continue to be valid and subsisting.

42 SEC. 8 . R ep ea lin g C lause. - All laws, executive orders, or administrative

43 orders, rules and regulations or parts thereof, which are inconsistent with this Act are

44 hereby amended, repealed or modified accordingly.

45 SEC. 9. E ffecliv ity . - This Act shall take effect fifteen (15) days after its

46 publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,