forms of neglect and exploitation36; prevention of harm to them37; and provision
of assistance to children for their basic needs 38”39. The treaty also provides specific
measures and protocols on the treatment of children in situations of armed
conflict40.
CEDAW articulates the elimination of discrimination against women in all aspects
of life i.e., political and public life41; field of health care services42 and; areas of
economic and social life43. Pursuant to the CEDAW Article 21, the CEDAW adopted
general recommendation on women in conflict prevention, conflict and postconflict situations 44. Its “aim and purpose is to provide authoritative guidance to
States parties on legislative, policy and other appropriate measures to ensure full
compliance with their obligations under the Convention to protect, respect and
fulfil women’s human rights”45. Specifically, it guides the State and non State actors
on implementing their obligation under “due diligence to prevent, investigate,
punish and ensure redress for the acts of private individuals or entities that impair
the rights enshrined in the Convention”46 in regards to gender-based violence
(GBV)47; trafficking48; participation49; access to education, employment and health,
and rural women50; displacement, refugees and asylum-seekers51; nationality and
statelessness52; marriage and family relations53; Security sector reform and
disarmament, demobilization and reintegration54; constitutional and electoral
reform55; and Access to justice56.
To successfully monitor the situation and conditions of the IDPs affected by the armed conflict in
Marawi City, the Commission57 anchored its human rights-based approach on the above treaties
and refer to the following international frameworks, principles, and guidelines below:
The UN Guiding Principles on Internal displacement (UNGPID) define IDPs as an
individual or a group, who were forced or obliged to leave or escape their home to
avoid armed conflict, human-made or environmental disasters, and violation of
human rights58. That offers rights and protection – such as non-discrimination59,
the right to liberty of movement and freedom to choose his or her residence 60, the
36 Ibid, Articles 34, 35, and 36
37 Ibid, Articles 6, 11, and 37
38 Ibid, Articles 26, 28, and 29
39 See: US Library of Congress. 2015. Children’s Rights: International Laws.
40 See: UNCRC, Articles 19, 22, and 38; The Child Soldiers Protocol, comprising a Preamble and 13 articles; The Sex Trafficking Protocol
comprises a preamble and 17 articles.
41 See: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Article 7.
42 Ibid, Article 12.
43 Ibid, Article 13.
44 See: CEDAW, General Recommendation 30 on women in conflict prevention, conflict and post-conflict situations
45 Ibid, Paragraph 1
46 Ibid, Paragraph 15
47 CEDAW, Articles 1-3 and 5 (a); CEDAW Gen. Rec. 30, Paragraph. 38 (a-h)
48 CEDAW, Articles 6; CEDAW Gen. Rec. 30, Paragraph. 41 (a-d)
49 CEDAW, Articles 7-8; CEDAW Gen. Rec. 30, Paragraph. 46 (a-d) and Paragraph. 47 (a-b)
50 CEDAW, Articles 10-12 and 14; CEDAW Gen. Rec. 30, Paragraph. 52 (a-e)
51 CEDAW, Articles 1-3 and 15; CEDAW Gen. Rec. 30, Paragraph. 57 (a-i)
52 CEDAW, Articles 1-3 and 9; CEDAW Gen. Rec. 30, Paragraph. 61 (a-d)
53 CEDAW, Articles 15-16; Gen. Rec. 30, Paragraph. 65 (a-b)
54 CEDAW, Gen. Rec. 30, Paragraph 60 (a-f)
55 CEDAW, Articles 1-5 (a), 7, and 15; Gen. Rec. 30, Paragraph. 73 (a-f)
56 CEDAW, Articles 1-3, 5 (a), and 15; Gen. Rec 30, Paragraph. 81 (a-l)
57 CHR is mandated to undertake the investigation of all human rights violations; monitor the Philippine government’s compliance with
international treaty obligations on human rights; and request assistance of government agencies in the performance of its functions, among
other duties
58 See: Balay Advocacy Program 2003. The IDP criteria is also specified in the UN Guiding Principles on Internal Displacement, See: McNamara
1998.
59 See: UN Guiding Principles on Internal Displacement (UNGPID), Principle 1.
60 Ibid, Principle 14.1.
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