Educational Articles “Curriculum”
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Enforcement and Implementation of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
UNIVERSITY OF HONG KONG FACULTY OF LAW MASTER OF LAWS IN HUMAN RIGHTS (2000-2001) PROFESSOR ANDREW BYRNES SUPERVISOR ENFORCEMENT AND IMPLEMENTATION OF THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT PERFECTO G. CAPARAS II University Number 2000980688 LIST OF ABBREVIATIONS Government of the Republic of the Philippines -- GRP Communist Party of the Philippines – CPP Moro Islamic Liberation Front – MILF Moro National Liberation Front – MNLF National Democratic Front of the Philippines—NDFP New People’s Army – NPA Convention on the Rights of the Child – CRC International Covenant on Civil and Political Rights – ICCPR Department of Social Welfare and Development – DSWD Commission on Human Rights – CHR Rome Statute of the International Criminal Court – Rome Statute of the ICC CONTENTS List of Abbreviations Introduction Objective Scope and Methodology Chapter I BIRTH OF CHILD SOLDIERS Unseen Presence Guerrilla War Poverty, Ideology and Arms Chapter II HUMAN RIGHTS AND THE OPTIONAL PROTOCOL Obligatio Erga Omnes Framework of Unity Quest for Self-Rule Principle and Action: A Fusion Law and Reality Chapter III CROSS-FERTILIZATION FOR POLITICAL EMPOWERMENT Internal Discourse Chapter IV CRITICAL HUMAN RIGHTS PEDAGOGY AND CHILDREN’S ACTIVISM Education, Human Rights and Peace Wounded Healers Children Power Children’s Art of War Chapter V GRASSROOTS HUMAN RIGHTS INFRASTRUCTURE BUILDING AND MEDIA ADVOCACY Media’s Democratizing Role Building an Edifice of Peace Conclusion Towards A State, -
2013 Annual Report Volume I
Table of Contents ANNEX DESCRIPTION PAGE A Decisions and Resolutions Promulgated by the Court ............................... 1 B AM No. 12-8-8-SC (Judicial Affidavit Rule)................................................... 103 C AM No. 03-8-02-SC (Re: Administrative Circular Prescribing Guidelines on the Selection and Appointment of Executive Judges and Defining Their Powers, Prerogative and Duties).................................. 112 D AM No. 10-3-7-SC (Re: Proposed Rules on E-Filing) and AM No. 11-9-4-SC (Re: Proposed Rule for the Efficient Use of Paper) ..... 115 E AM No. 12-12-11-SC (Financial Rehabilitation Rules of Procedure [2013]) .......................................................................................... 121 F AM No. 13-05-05-SC (Re: Revision of Restrictions on Teaching Hours of Justices, Judges and Personnel of the Judiciary).......................... 224 G AM No. 10-11-5-SC (Re: Petition for Radio and Television Coverage of the Multiple Murder Cases Against Maguindanao Governor Zaldy Ampatuan, et al.); AM No. 10-11-6-SC (Re: Petition for the Constitution of the Present Court Handling the Trial of the Massacre of 57 Persons, including 32 Journalists, in Ampatuan, Maguindanao into a Special Court Handling this Case Alone for the Purpose of Achieving Genuine Speedy Trial and for the Setting Up of Videocam and Monitor Just Outside the Court for the Journalists to Cover and for the People to Witness the ‘Trial of the Decade’ to Make it Truly Public and Impartial as Commanded by the Constitution); and AM No. 10-11-7-SC (Re: Letter of President Benigno S. Aquino III for the ‘Live Media Coverage of the Maguindanao Massacre Trial’) ............................................................. 2228 H B. -
Oscar Franklin B. Tan**
ARTICULATING THE COMPLETE PHILIPPINE RIGHT TO PRIVACY IN CONSTITUTIONAL AND CIVIL LAW: A TRIBUTE TO CHIEF JUSTICE FERNANDO AND JUSTICE CARPIO* Oscar Franklin B. Tan** “The stand for privacy, however, need not be taken as hostility against other individuals, against government, or against society. It is but an assertion by the individual of his inviolate personality.” —Dean and Justice Irene Cortes1 * This author acknowledges his professors: Justice Vicente V. Mendoza, Dean Bartolome Carale, Dean Merlin Magallona, Araceli Baviera, Domingo Disini, Carmelo Sison, Myrna Feliciano, Eduardo Labitag, Emmanuel Fernando, Antonio Bautista, Elizabeth Aquiling- Pangalangan, Danilo Concepcion, Rogelio Vinluan, Teresita Herbosa, Rafael Morales, Vicente Amador, Sylvette Tankiang, Susan Villanueva, Francis Sobrevinas, Anacleto “Butch” Diaz, Rudyard Avila, H. Harry Roque, Concepcion Jardeleza, Antonio Santos, Patricia Daway, Gwen Grecia-De Vera, JJ Disini, Barry Gutierrez, Florin Hilbay, Magnolia Mabel Movido, Solomon Lumba, and Ed Robles, as well as his Harvard Law School professors Laurence Tribe, Frank Michelman, and Justice Richard Goldstone of the South African Constitutional Court. This author most especially Deans Pacifico Agabin and Raul Pangalangan who first encouraged him to take up legal writing during his freshman year. This author also thanks the following who reviewed and assisted in finalizing this article: Gerard Joseph Jumamil, Bo Tiojanco, Leandro Aguirre, John Fajardo, Joseph Valmonte, Miguel Francisco Cruz, Mark Garrido, and Romualdo Menzon Jr. All errors remain the author’s alone. ** Chair, PHILIPPINE LAW JOURNAL (2005). Associate (International Capital Markets), Allen & Overy LLP London. LL.M., Harvard Law School (Commencement Speaker) (2007). LL.B., University of the Philippines (2005). B.S. Management Engineering / A.B. -
1.1 Introduction
CHAPTER ONE TO DEFER OR TO DEFY: JUDICIAL CONTROL IN INSECURE ENVIRONMENTS All judges are politicians, whether they know it or not. --- Enrique Petracchi 1.1 Introduction When do judges rein in those who reign? In a given polity, the judiciary has the crucial task of rendering verdicts on disputes and social questions fairly; insensible to considerations of power and prestige. The courts are expected to subject even those who rule to the governance of rules (Fuller 1964; Shapiro 1981). However, those who have dominion over the state can employ a variety of weaponry to bend the gavel to their will: They can refuse to implement judicial rulings, cut the court’s jurisdiction, reduce the budget allotted to the court, impeach the magistrates or subject the judges to physical harm. These threats are particularly compelling in authoritarian societies where judges do not enjoy the institutional safeguards or the popular support that protect their counterparts in democratic polities. Thus, it becomes most relevant to ask: When do judges invalidate actions of government? Why do gavels defy the gun? The objective of this dissertation is to identify the conditions that enable the robe to overturn state action at the risk of incurring the wrath of the sword. The judicial literature has focused mostly on court behavior within highly developed democracies (Guarnieri and Pederzoli 2002; Koopmans 2003). In these polities, the courts 1 have emerged as powerful, independent actors in the public policy process. Empirical studies demonstrated that institutional protections like security of tenure and fiscal autonomy, as well as public support, have allowed judiciaries in developed societies to effectively constrain governmental behavior. -
The Filipino in Obsolescence: Citizenship and Educational Policy Reform in the Philippines
CORE Metadata, citation and similar papers at core.ac.uk Provided by Illinois Digital Environment for Access to Learning and Scholarship Repository THE FILIPINO IN OBSOLESCENCE: CITIZENSHIP AND EDUCATIONAL POLICY REFORM IN THE PHILIPPINES BY ELIZER JAY Y. DE LOS REYES THESIS Submitted in partial fulfillment of the requirements for the degree of Master of Arts in Educational Policy Studies in the Graduate College of the University of Illinois at Urbana-Champaign, 2014 Urbana, Illinois Master’s Defense Committee: Professor William Cope, Chair Professor Cris Mayo Professor Cameron McCarthy ii ABSTRACT The K to 12 program implemented by the Philippine government in June 2012 added two years in the then ten-year long basic education curriculum, universalized kindergarten by making it compulsory, and introduced a tracking system that includes academic, technical-vocational, and entrepreneurship tracks. Within this educational policy reform, this paper examines how the Philippine state expresses, constitutes, and legitimizes Filipino citizenship; makes sense of citizenship by tracing the transformation of Filipino citizenship from colonial to the post-colonial as a contextualization; characterizes the emergent Filipino citizen in the K to 12 program; and reflects on this new citizenship in light of existing socio-economic differentiation in terms of class, gender, and ethnicity. To respond to these tasks, this paper uses Critical Discourse Analysis (CDA) (Fairclough, 1992, 2001, 2003) which merges the tradition of linguistic analysis of text and social theory. Using primarily Fairclough’s models on CDA as theory and method complemented by views from Wodak (2001), Gee (2004), Jäger (2001), and Rogers (2004), this paper analyzes five documents produced by the executive and the legislative branches of Philippine government. -
Writing Lesbian: Pushing Against Boundaries Through Nonfiction in the Philippines VOLUME 1: Dissertation
Writing Lesbian: Pushing Against Boundaries Through Nonfiction in the Philippines VOLUME 1: Dissertation A project submitted in fulfilment of the requirements for the degree of Doctorate of Philosophy Jhoanna Lynn B. Cruz Master of Fine Arts in Creative Writing, 2001, De La Salle University-Manila Master of Arts in Language and Literature, 1995, De La Salle University-Manila Bachelor of Arts in Literature 1990, De La Salle University-Manila School of Media and Communication College of Design and Social Context RMIT University May 2020 i Declaration I certify that except where due acknowledgement has been made, the work is that of the author alone; the work has not been submitted previously, in whole or in part, to qualify for any other academic award; the content of the project is the result of work which has been carried out since the official commencement date of the approved research program; any editorial work, paid or unpaid, carried out by a third party is acknowledged; and, ethics procedures and guidelines have been followed. Jhoanna Lynn B. Cruz 4 May 2020 ii ACKNOWLEDGEMENTS First of all, I am gladly indebted to the University of the Philippines for the doctoral studies grant that has allowed me to complete this PhD. Special thanks to the faculty of the Department of Humanities in the University of the Philippines Mindanao, for accepting the burden of my four-year study leave. Lifelong gratitude to my supervisors Associate Prof. Francesca Rendle-Short and Dr Michelle Aung Thin for their guidance and encouragement all throughout the program and the process. I had known and loved Francesca as a friend since meeting her in Bangkok at a literary conference in 2012, and it was a distinct pleasure to come under her thoughtful supervision in this program.