the Convention on the Rights of Persons with Disabilities (CRPD) – guarantees a wide range of
civil and political rights and liberties for its people, including economic, social and cultural rights
for everyone18.
Recognizing the myriad of factors affecting the civilians due to the conflict in Marawi City, the
Commission echoes the Philippine government’s obligation to protect and serve its people19.
Particularly the protection and humanitarian concerns of the IDPs, especially the most
vulnerable sectors. To support and strengthen the government and non-government efforts in
protecting and aiding the IDPs, the Commission highlights the following international treaties
and its specific articles and/or sections:
ICCPR stipulates the inherent right before the law to life and its protection 20; the
right for recognition everywhere as a person21; right not to be subjected to
arbitrary or unlawful interference and protection of the law against such
interference or attacks22; right to freedom of expression23 and; right for equality
and entitlement without any discrimination to the equal protection of the law 24.
ICESCR guarantees the right of everyone to an adequate standard of living
including adequate food, clothing and housing, and to the continuous
improvement of living conditions 25; and the right to the enjoyment of the highest
attainable standard of physical and mental health 26.
ICRPD “promotes, protect and ensure the full and equal enjoyment of all human
rights and fundamental freedoms by all persons with disabilities and to promote
respect for their inherent dignity. 27” It requires states to ensure and promote the
full realization of all human rights and fundamental freedoms for all persons with
disabilities as equal and without discrimination 28 and accessibility29 – especially
women30 and children31 with disabilities. During situation of risk, armed conflicts,
humanitarian emergencies, and the occurrence of natural disasters the state is
obligated to take “all necessary measures to ensure the protection and safety of
persons with disabilities32”. Under the present convention, “persons with
disabilities include those who have long-term physical, mental, intellectual or
sensory impairments which in interaction with various barriers may hinder their
full and effective participation in society on an equal basis with others. 33”
CRC is the most substantive rights sets forth by the U.N. it is primarily concerned
with four aspects of children’s rights or four ‘P’s 34: “participation by children in
18
Without distinction of any kind, i.e., race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. See:
Universal Declaration of Human Rights (UDHR), Article. 2.
See: International Covenant on Civil Political Rights (ICCPR), Article 6.
19
See: The 1987 Philippine Constitution.
20
See: International Covenant on Civil Political Rights (ICCPR), Article 6.
21
Ibid, Article 16.
22
Ibid, Article. 17.
23
Ibid, Article 19.
24
Ibid, Article 26.
25
See: International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 11.
26
Ibid, Article 12.
27
See: Convention on the Rights of Persons with Disabilities (ICRPD), Article 1
28
Ibid, Article 5
29
Ibid, Article 9
30
Ibid, Article 6
31
Ibid, Article 7
32
Ibid, Article 11
33
Ibid, Article 1
34
See: Van Bueren. She calls these “the four ‘P’s”; other scholars refer to the Convention as being concerned with the three types of children’s
rights, called the three ‘P’s”: provision, protection, and participation.
7