Chapter VI
Human Rights Situation of
Vulnerable Sectors
Human Rights Situation of Vulnerable Sectors
1. Prisoners
2. Migrant Workers
3. Laborers
Prisoners/ Detainees
Section 3, Rule III, Definition of Terms,
revised IRR of Republic Act No. 10575
Person Deprived of Liberty (PDL) – refers
to a detainee, inmate, or prisoner, or other
person under confinement or custody in
any other manner.
The term “prisoner” has been replaced by
this new and neutral phrase “Person
Deprived of Liberty ”
(Article 10 of International Covenant on
Civil and Political Rights)
Inmate – refers to person confined in
jails/prisons to serve his/her sentence or
for safekeeping who is officially called PDL.
Source: https://www.hrw.org/news/2020/04/28/philippines-prison-deaths-unreported-amid-pandemic
Philippine Jails
Republic Act No. 10575
“The Bureau of Corrections Act of 2013”
Republic Act No. 9263
“BFP and Bureau of Jail Management and
Penology Professionalization Act of 2004”
amending certain provisions of R.A. No. 6975
There is also a provincial jail in every
province which is under the supervision and
control of the provincial governments
Philippine Jails
Bureau of Corrections
Bureau of Jail Management and Penology
Provincial Jail
Rights of Prisoners
• All persons deprived of their liberty shall be
treated with humanity and with respect
for the inherent dignity of the human person.
(Art. 10 International Covenant on Civil and
Political Rights)
• The employment of physical, psychological,
or degrading punishment against any
prisoner or detainee or the use of substandard or
inadequate penal facilities under subhuman
conditions shall be dealt with by law.
Source: https://www.straitstimes.com/asia/se-asia/philippines-inmates-living-in-hell-onearth-in-overcrowded-jails
(Art. III, Sec. 19 (2), 1987 Constitution)
Human Rights Situation of Vulnerable Sectors
1. Prisoners
2. Migrant Workers
3. Laborers
Migrant Workers
The term "migrant worker" refers to a person who is to be engaged, is engaged or
has been engaged in a remunerated activity in a State of which he or she is not a
national. (Article 2 Convention on Migrant Workers)
Source: https://www.philstar.com/headlines/2019/09/09/1950369/syrian-employer-found-guilty-joanna-demafelis-murder
Rights of Migrant Workers
against:
Maltreatment
Physical abuse
Rape
Source: https://migranteinternational.org/on-the-asean-consensus-on-the-protection-and-promotion-of-rights-ofmigrant-workers/
Sexual abuse
Sexual
harassment
Violation of
contract
Contract
substitution
Delayed or
nonpayment of
salaries
Underpayment
of salaries
Poor working
conditions
Illegal dismissal
Abandonment
by employer
Cadalin, et al. vs POEA’s Administrator,
SCRA 721 (1994)
Facts: Cadalin et al. are Filipino workers recruited by Asia Int’l Builders Co.
(AIBC), a domestic recruitment corporation, for employment in Bahrain to
work for Brown & Root Int’l Inc. (BRII) which is a foreign corporation with
headquarters in Texas.
Issue: Whether or not the foreign law should govern or the contract of the
parties.
Ruling: The Supreme Court held that as a general rule a foreign procedural
law will not be applied in our country as we must adopt our own procedural
laws.
Human Rights Situation of Vulnerable Sectors
1. Prisoners
2. Migrant Workers
3. Laborers
Laborers
Section 3. The State shall afford
full protection to labor, local and
overseas, organized and
unorganized, and promote full
employment and equality of
employment opportunities for all.
(Article XIII Social Justice and
Human Rights, 1987 Constitution)
Source: https://www.pna.gov.ph/articles/1106217
Government Workers
• The civil service embraces all
branches, subdivisions,
instrumentalities, and agencies of
the Government, including
government-owned or controlled
corporations with original
charter. (Article IX-B, Section 2 [1])
• Social Security System Employees
Association (SSSEA) vs. Court of
Appeals
• Lumanta vs. National Labor
Relations Commission
• National Service Corporation
(NASECO) vs. National Labor
Relations Commission
Human Rights Problems of
Private Sector Laborers
Republic Act 7658 - An Act Prohibiting the
Employment of Children Below 15 Years of Age
in Public and Private Undertakings
Republic Act 7700 - Jurisdiction of the Labor
Arbiters and the National Labor Relations
Commission
Republic Act 7730 - Visitorial and Enforcement
Power of the Secretary of Labor and
Employment
Republic Act 7877 - Anti-Sexual Harassment Act
of 1995
Republic Act 7641 - The New Retirement Law
prescribes minimum retirement benefits to
qualified private- sector employees
Source: https://angelusnews.com/news/world/bishop-philippines-must-end-sad-reality-of-child-labor/
Summary:
• According to Director General Deol, “it is important to remember
that inmates have given up only one right, and that is their right to
freedom of movement. All their other rights, including their
fundamental and human rights, remain”
• According to Commissioner Pimentel-Gana, “the law is very clear.
For it to be properly implemented, we need stronger and
sustainable partnership between and among government and the
private sector as well as civil society and OFW groups to ensure that
migrant workers rights are being monitored”
• According to the late Senator Blas Ople and who served as Secretary
of Labor (1967-1986), ““I still remember how the Labor Code
started. Since martial law was declared on Sept. 21, 1972, the
greatest danger that I could see as secretary of labor was the threat
of mass layoffs starting with union organizers and leaders. I
therefore quickly established a defense line”
End of Presentation.
Thank You!
Jonathan D. Maliwat