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and R.A. 9208 (Anti-Trafficking in Persons Act of 2003). As forlabor rights, an example of a specific law is R.A. 6727 (WageRationalization Act), which established the mechanism fordetermining minimum wage from time to time.Again, in terms of relevance to PLHIV issues, it can be concluded that thePhilippines has a noteworthy record when it comes to ratifying majorinternational instruments for the protection of vulnerable groups, and inpassing laws that approximate the international norms.C. SPECIFIC RIGHTS OF PLHIVVarious instruments have defined rights of PLHIV 4 , among them:■ Right to freedom from discrimination■ Right to privacy■ Right to freedom from mandatory or compulsory testing■ Right to confidential medical examination■ Right to access to public information■ Right to access to personal information■ Right to pre- and post- testing counseling■ Right to decent burial■ Right to insurance1. Rights set forth by international human rights instrumentsThere are several non-binding instruments that have elaborated somerights specific to PLHIV. Among them are:■International Guidelines on HIV/AIDS and Human Rights: TheGuidelines have suggested a number of actions for States to followin mounting an effective response to the HIV and AIDS problem.They also reiterated the various basic individual rights that humanbeings are entitled to, stating that these should be enjoyedregardless of HIV-positive status.4There are more rights of PLHIV than those listed here. Among the other rights are:- Right to highest standard of health- Right to adequate standard of living and social security services- Right to work, including livelihood training- Right to adequate medication- Right to coordinated response by the governmentHowever, as stated at the outset, this report does not elaborate on the rights which are considereddemands, inasmuch as the resolution of their violations do not fall under the usual redressmechanisms.THE RIGHTS INTRODUCTION OF PLHIV13
■ILO Code of Practice on HIV/AIDS and the World of Work: Thisinstrument has expressed non-discrimination as a key principle andhas explicitly provided for the prohibition of mandatory testing.■ ILO/WHO Guidelines for Conducting Pre-sea and PeriodicMedical Fitness Examinations for Seafarers: These Guidelineshave provided for the right to confidentially of medical informationand the prohibition of mandatory testing.2. Statutory rightsR.A. 8504 (Philippine AIDS Prevention and Control Act of 1998)embodies the various rights of PLHIV in the Philippines.The passage of R.A. 8504 is commendable, especially considering thatthere exists no instrument binding upon the Philippines and all other Statesthat is specifically for the protection of PLHIV, unlike vulnerable groupssuch as women, children and workers which are protected by specificconventions.14 SEEKING REDRESS FOR HIV-RELATED VIOLATIONS OF HUMAN RIGHTS
Page 2: Seeking Redress forHIV-Related Viol
Page 5 and 6: ANNEXES 61A. Cases that are subject
Page 7 and 8: ❖❖❖Atty. Cristina Sevilla (Me
Page 10 and 11: A. UNIVERSAL RIGHTSThe Rights of PL
Page 12 and 13: to property. Also, a substantial di
Page 16 and 17: Situation Regarding PLHIV WhoseRigh
Page 18 and 19: 3. Being verbally harassed / sworn
Page 20: have been brought before the Commis
Page 23 and 24: 2. Purpose of the victimIt is also
Page 25 and 26: B. NEGOTIATION AND PRIVATE MEDIATIO
Page 27 and 28: A case will be heard for mediation
Page 29 and 30: RTC hears the case. Further, family
Page 31 and 32: Table 3 “Summary of differences b
Page 33 and 34: done, inasmuch as a civil action co
Page 35 and 36: F. MECHANISMS FOR VIOLATIONS IN THE
Page 37 and 38: An aggrievedemployee decidesto take
Page 39 and 40: Grievance Procedure in a CBAA Colle
Page 41 and 42: G. ADMINISTRATIVE PROCEEDINGS1. Pro
Page 43 and 44: e. Office of the President / Sanggu
Page 45 and 46: c. Philippine Medical Association (
Page 48 and 49: Relevance of the VariousMechanisms
Page 50 and 51: study of the Revised Penal Code (RP
Page 52 and 53: 5. Very low penaltiesA PLHIV whose
Page 54 and 55: D. POTENTIALS AND LIMITATIONS OF TH
Page 56: F. POTENTIALS AND LIMITATIONS OF AD
Page 59 and 60: ■■■work for the improvement o
Page 62 and 63: Annex ACASES THAT ARE SUBJECT TO KA
Page 64 and 65:
Annex BBACKGROUND ON THE PHILIPPINE
Page 66:
The Highest Court - Supreme CourtTh
Page 69 and 70:
68 SEEKING REDRESS FOR HIV-RELATED
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20. Borrowing money by superior off
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SEC. 62. Notice of Hearing.(a) With
Page 86:
BIBLIOGRAPHYACHIEVE. Positive Justi
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