output of this study will be recommendations to the Philippine government and non-state actors on how to improve response to labor recruitment issues that encourage recruitment reform. Specifically, this study aims to: (a) conduct a quantitative and qualitative analysis of the cases involving OFWs decided by the Supreme Court for the five (5) year period 2015-2019 for the purpose of identifying possible gaps or weak areas in migrant worker rights protection and access to justice, if any, and to come up with the corresponding policy recommendations to address the identified gaps or weak areas in migrant worker rights protection and access to justice; and (b) analyze the migrant rights issues and problems confronted by OFWs as described in the OFW cases decided by the Supreme Court, or as identified in the baseline study on the rights of OFWs6 commissioned by the CHR and other secondary sources, and to come up with the corresponding policy recommendations. 2.3 Framework The over-arching conceptual framework adopted in this report is the human and migrant rights-based framework on migration issues. Under this framework, OFWs are identified as holders of rights as enshrined in the Philippine Constitution, as defined in existing laws and regulations, and as provided in international treaties, conventions, and other international agreements. On the other hand, the governments – referring to the Philippines and the governments of destination countries of OFWs, the private recruitment agencies (“PRAs”) and other public and private entities that perform a role in the overseas employment program are treated as duty bearers with the obligation to protect and to promote the rights and welfare of the OFWs. The OFW cases decided by the Supreme Court from 2015-2019 were analysed in order to identify and to determine, based on the facts and legal issues involved in the cases, whether or not the OFW rights and obligations involved in these cases are already sufficiently protected under existing laws, rules and regulations or whether or not there are gaps or weaknesses in the existing laws and regulations or in the implementation of such laws and policies that may contribute, directly or indirectly, towards the violation of the rights of OFWs. Existing laws, rules, and regulations relevant to, or affecting, the human and migrants’ rights issues confronted by OFWs are analyzed in order to identify policy gaps and weaknesses in implementation, as well as to determine if said laws, rules and regulations are compliant with international laws, treaties, conventions and other international agreement to which the Philippines is a party. 6 Blas F. Ople Policy Center and Training Institute, “Baseline Study on the Rights of Filipino Migrant Workers (Overseas Filipino Workers) Towards a Human Rights Observatory for Migrant Workers” (2020) 5

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