rights violations and abuses involving civil and political rights, to include but
not limited to the following:
a) right to life;
b) right to liberty;
c) right to security … etc
Rule 2(2): Corollary thereto, the Commission on Human Rights, in line with its
role as a national human rights institution, shall also investigate and monitor
all economic, social and cultural rights violations and abuses, as well as
threats of violations thereof, especially with respect to the conditions of those
who are marginalized, disadvantaged, and vulnerable.
By virtue of Rule 3, it is evidence that both aspects of the Commission’s jurisdiction
relate to violations of human rights by private parties:
Rule 3, Section 2: To determine whether civil and political rights have been
violated, are being violated … by … private person or entity.
Rule 3, Section 3: The objectives of investigation and monitoring of economic,
social and cultural rights violations or situations are: to determine the rights
violated by State or non-state actors, including private entities and
individuals.
Rule 7, section 3 makes it clear that as long as there is a complaint of a violation of
the human rights of a Filipino (whether resident in The Philippines or abroad) the
Honourable Commission has jurisdiction to investigate it wherever the violation has
occurred, and whomever may be responsible:
… Human rights cases and/or issues involving civil and political, or economic, social
and cultural rights which are of domestic and/or international
implication/importance such as … forced evictions and/or illegal demolitions,
development aggression, displacements, food blockades, or violations involving civil,
political, economic, social or cultural rights and/or threats thereof that affect the
underprivileged and/or other vulnerable or marginalized sectors, or community of
persons, regardless of the situs of the violation and/or the personalities involved or
implicated in the human rights case or issues, may be the subject of a public inquiry.
It is clear therefore, that under the terms of both the Constitution and the Omnibus
Rules, the Honourable Commission has jurisdiction to investigate violations of the
rights of The Filipino People, regardless of the source of those violations.
Such a position is consistent with international norms. It is the responsibility of
governments to take positive measures to protect the fundamental rights of their
citizens, regardless of the source of threat. Article 1 of the European Convention on
Human Rights, states as follows:
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