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| 題 名 | 菲律賓人權委員會--人民力量之興起與失落=Commission on Human Rights of the Philippines--The Rise and Fall of People's Power |
|---|---|
| 作 者 | 廖福特; | 書刊名 | 臺灣國際法季刊 |
| 卷 期 | 7:4 2010.12[民99.12] |
| 頁 次 | 頁163-232 |
| 分類號 | 579.27 |
| 關鍵詞 | 菲律賓人權委員會; 巴黎原則; 憲政架構; 獨立機關; 人權政策; Commission on Human Rights of the Philippines; Paris Principles; Constitutional structure; Independent institution; Human rights policy; |
| 語 文 | 中文(Chinese) |
| 中文摘要 | 本文分析菲律賓人權委員會之規範、組織及職權是否符合「巴黎原則」及其在實踐國際人權標準所扮演之角色。本文認為人權委員會之設立是人民革命之成果,菲律賓以憲法作為人權委員會之法律基礎是重要之典範,但是卻缺乏法律層級之規範。就組織面向而言,人權委員會之委員任命方式及預算編列,恐影響其獨立性。委員過渡偏重律師,無法具備多元性。人權委員會得以自行任命職員,但是必須受公務人員之規範,不過人權委員會已發展出完整之職權分工。在職權部分,就作為橋樑而言,人權委員會成功地促使菲律賓批准非常多人權條約,但是卻難以監督菲律賓政府實踐國際人權條約。人權委員會都有非常完整的聯絡網,不過與民間團體之合作是不足的。就作為促進者而言,人權委員會對諸多法案提出意見,亦進行廣泛之人權教育,但是尚無系統性之研究以確知其成效。就作為保護者而言,人權委員會僅有限縮的調查權範疇,亦缺乏附屬的權力,因此成為沒有牙齒的老虎。人權委員會只能給予被害人有限之金錢協助,不過人權委員會得以透過協助或參與訴訟之模式,直接協助被害人。 |
| 英文摘要 | This essay examines whether rules, structures and functions of the Commission on Human Rights of the Philippines comply with "Paris Principles," and what is the role that the Commission plays while implementing international human rights standards.It is believed that establishment of the Commission was the fruit of the people's revolution. The Commission, who was a constitutional creature, could be regarded as a great model. However, it lacked statutory norm.Regarding its structure, the ways of appointing members and allocating budget could affect the Commission's independence. As most of its members were lawyers, the Commission was not diversified. The Commission could appoint its staffs who were however subjected to rules of civil servants.As to the Commission's functions, it, being a bridge, successfully promoted the Philippines to ratify many international human rights instruments. However, the Commission had no ability to monitor their implementations. The Commission had worked out a good connection net, although its cooperation with human rights NGOs was not sufficient. The Commission, being as a promoter, delivered many opinions on law bills, and exercised broad human rights education programs. But it was difficult to evaluate their achievements systemically. The Commission could not be regarded as a full protector, as its ambit of investigation was limited and related powers were not granted. Therefore the Commission became a tiger without teeth. The Commission could offer only limited compensation to victims, but it could assist directly through litigations at courts. |
本系統中英文摘要資訊取自各篇刊載內容。