Professional Documents
Culture Documents
Enforcing The Right To Health:: Batstateu - Pablo Borbon Campus, Batangas City, Philippines, 4200
Enforcing The Right To Health:: Batstateu - Pablo Borbon Campus, Batangas City, Philippines, 4200
College of Law
BatStateU – Pablo Borbon Campus, Batangas City, Philippines, 4200
A Legal Research
Submitted by:
Noniebell Magsino
First Year Student
Submitted to:
1
BATANGAS STATE UNIVERSITY
College of Law
BatStateU – Pablo Borbon Campus, Batangas City, Philippines, 4200
I certify that this paper does not incorporate without acknowledgment any
material previously submitted for a degree or diploma in any university, and to the best
of my knowledge and belief, it does not contain any material previously published or
written by another person except where due reference is made in the text. I further
Regards,
Noniebell Magsino
2
Table of Contents
Summary 1
Introduction 2
Thesis Statement 4
Theoretical Framework 5
Legal Doctrine 5
Analysis 6
Conclusion 17
References 18
SUMMARY
Human rights are key in shaping the pandemic response, both for the public
health emergency and the broader impact on people’s lives and livelihoods. Human
rights put people centre-stage. Responses that are shaped by and respect human rights
result in better outcomes in beating the pandemic, ensuring healthcare for everyone and
preserving human dignity. But they also focus our attention on who is suffering most,
why, and what can be done about it. They prepare the ground now for emerging from
this crisis with more equitable and sustainable societies, development and peace.
militaristic approach, and the only wide-ranging solution government has implemented
so far since the first COVID-19 cases in the Philippines were discovered on January 31.
In an effort to bring these possible shortcomings to light and open a discussion for
heated debate. One side calls for the government to take action toward containing and
and making sure the military personnel are given proper medical equipment that would
help prevent COVID-19 from further spreading. The other side is highlighting Filipinos’
“need for discipline,” which is what they say justifies the strict military presence.
INTRODUCTION
“erratic and irregular,” causing confusion to the general public and threatening to
unsettle the rule of law at large. Illustrative of the lack of a programmatic trajectory is
the way in which the leadership of some local government units (LGUs) has diverged
consistent application of laws and regulations. The “lack of consensus on the basic
question of what rules people are even supposed to follow” effectively makes the
implementation of the law arbitrary. Without a concrete framework that moors the
As a legal starting point, Republic Act No. 11132 provides a framework for the
done through proportional and reasonable limitations to the freedom of movement that
would be sufficient to contain the spread of the disease. Any such regulation, however,
must take into account mobility needed to work and have access to basic necessities.
For instance, a total ban on public transport, which has been done at the
mass transit.
ISSUES AND RESEARCH QUESTIONS
political choice. When will be our right to health be considered as human rights?
2. Whether Republic Act No. 11469, or the Bayanihan to Heal as One Act, really
THESIS STATEMENT
Congress promulgated the Act in view of the serious health threats and
disruptions posed by COVID-19 on the lives and livelihoods of people and the
economy as a whole (Section 2). In fact, the World Health Organization (WHO) on 11
March 2020 has already characterized COVID-19 as a pandemic and called on all
countries to take urgent and aggressive action to mitigate or prevent its spread.
The Act comes in the wake of initial measures already taken by the president to
address the COVID-19 situation with the issuance of Proclamation 922 (signed 8
March 2020) declaring a state of public health emergency throughout the Philippines
and Proclamation 929 (signed 16 March 2020) declaring a state of calamity throughout
The researcher made list of numerous possible topics for legal research which
interest her the most. After choosing the topic, she made preliminary research on the
subject and started gathering vital and authentic information from different sources
whether from primary and secondary source or even from the worldwide web.
The researcher chose the above-stated study since it is one of the most relevant
and hottest topics of debate since it concerns the public health safety which is certainly
Republic Act No. 11132 or the Bayanihan to heal as one Act. To find the answers about
the issues concerning the said imposing the right to health, she collected information
from international and local laws, including World Health organization webpage,
Some studies were also incorporated to shed some enlightenment to the rationale
THEORETICAL FRAMEWORK
Figure 1
The figure shows the three repercussions or outcomes that can be derive in the In
enforcing the right to health. The researcher aims to analyze these in accord to the legal
In International Law
(ICESCR) was the Constitution of the World Health Organization (WHO), which
established the specialized United Nations body on July 22, 1946. The instrument
contained a definition of health as “a state of complete physical, mental, and social well-
being and not merely the absence of disease or infirmity.” The preambular portion of
the text further states that “the enjoyment of the highest attainable standard of health is
one of the fundamental rights of every human being”, without any discrimination. The
main feature of the WHO definition is that of necessarily expanding the ‘negative’
definition of health (absence of disease or infirmity) into a more ‘positive’ one that
II. The Right to Health and the COVID-19 Crisis in the Philippines
At the close of 2020, the Philippines has recorded more than 470,000 cases of
COVID-19 infections. In terms of regard for human rights, the Philippine government’s
pandemic response has met criticisms from international human rights observers,
including the United Nations Office of the High Commissioner for Human Rights
The government itself has attempted to justify its wartime-like response and the
appointment of retired military officials in key posts of the pandemic task force by
This study aims to answer the following questions with in-depth analysis and
assessment on the Imposing the right to health: “solusyong medikal, hindi militar” and
The right to the highest attainable standard of health implies a clear set of legal
obligations on states to ensure appropriate conditions for the enjoyment of health for all
The right to health is one of a set of internationally agreed human rights standards,
and is inseparable or ‘indivisible’ from these other rights. This means achieving the right
to health is both central to, and dependent upon, the realisation of other human rights, to
The right to health, as with other rights, includes both freedoms and entitlements:
Freedoms include the right to control one’s health and body (for example, sexual
and reproductive rights) and to be free from interference (for example, free from
President Rodrigo Duterte was granted special powers to deal with the pandemic
as provided by the Republic Act No. 11469 or the Bayanihan to Heal as One Act. This,
however, was criticized by public health advocates as it relied primarily on state security
forces, with the military and retired generals practically leading the government
response.
groups. There were reports of health protocol violators being subjected to physical,
including being made to do loads of push-ups, being crammed inside dog cages, and
Some of them are even put inside the coffin to let them feel how it is to be dead
when you died from COVID that can cause psychological trauma especially to those
people who have a phobia. And some are instead of staying at home they were forced to
Based on the findings from legal viewpoints, local and international laws, the
REFERENCES
1. www.officialgazette.gov.ph
3. unitednationslawjournal.edu.au
4. legacy.senate.gov.ph
6. malelegislature.gov
7. manilabulletin.com.ph
8. doh.gov.ph
9. www.frontiersin.org
10. findlaw.com
11. lawphil.net