decisions affecting them; protection of children against discrimination 35 and all
forms of neglect and exploitation36; prevention of harm to them37; and provision
of assistance to children for their basic needs38”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 life 41; 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
post-conflict situations44. 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 asylumseekers51; nationality and statelessness52; marriage and family relations53;
Security sector reform and disarmament, demobilization and reintegration 54;
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,
35
36
37
38
39
See: United Nation’s Convention on the Rights of the Child (UNCRC), Article 2
Ibid, Articles 34, 35, and 36
Ibid, Articles 6, 11, and 37
Ibid, Articles 26, 28, and 29
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.
8