Professional Documents
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HRE PointersforFinal
HRE PointersforFinal
Classified to:
A. According to source - natural rights, constitutional rights, statutory rights
B. According to recipient - individual rights, collective rights
C. According to aspect of life - civil, political, economic, social, cultural rights
D. According to struggle for recognition - first, second and third generation rights
E. According to derogability - absolute or non-derogable, derogable or can-be-
limited rights
13. What do you mean by 2nd generation of human rights. Give examples.
➢ Covers economic, social and cultural rights, which primarily find their origin in the
socialist tradition and have been variously promoted by revolutionary struggles
and welfare movements, also known as social welfare rights. Ex: right to
development, right to work under decent living conditions, right of workers to self-
organization.
14. What are 3rd and 4th generation of human rights. Give examples of each.
➢ Covers collective rights, best understood as a product of both the rise and
decline of the nation-States in the last half of the 20th century. Ex: right of
people to a healthy environment
CHAPTER II
HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS
2. Name and explain some of the theories advanced as the sources of human rights.
A. Religious or theological approach - doctrine of a Supreme Being, the creator, the Father
of all humanity. Central is the concept of the dignity of man as a consequence of human
rights, and therefore the rights are universal, inalienable and cannot be denied by mortal
beings (men).
B. Natural Law - the conduct of men must always conform to the law of nature, and this
theory is detached from religion. The natural characteristics of human beings are the
social impulse to live peacefully and in harmony with others, and whatever conformed to
the nature of men was right and just. Whatever is disturbing to social harmony is wrong
and unjust.
C. Positivist - states that all rights and authority come from the state and what officials have
promulgated, that rights are enjoyed if recognized and protected by legislation
promulgated by the state.
D. Marxist - emphasizes the interest of society over an individual's interest – communism
E. Functional or sociological approach - human rights exist as a means of social control,
that human rights exist to serve the social interests of society. This approach was
developed in the early 20th century when there were demands for a variety of wants, as
help for the unemployed, handicapped, underprivileged, minorities and other
disadvantaged groups.
F. Utilitarian Theory - principle that requires governments to maximize the total net sum of
citizens. It emphasizes that an individual cannot be more important than the entire
group. An act is good only when it takes into consideration the interests of the society
and tends to augment the happiness of the entire community
G. Theory based on Justice - each person has equal rights to the whole system of liberties.
The general conception of justice is one of fairness and those social primary goods such
as opportunity, income and wealth and self-respect are to be distributed equally
H. Theory based on Equality and Respect - government must treat all their citizens equally,
and must intervene in order to advance the general welfare
I. Theory based on the Dignity of man - this theory proceeds on the premise that human
rights means sharing values of all identified policies upon which human rights depend
on. The ultimate goal of this theory is a world community where there is democratic
sharing and distribution of values. All available resources are utilized to the maximum
and the protection of human dignity is recognized. This is better referred to as policy
science approach
3. What are the circumstances that brought out the concept of human rights in
ancient history?
➢ Rulers were despotic and tyrannical, and citizens rose against the injustices that
they have long suffered
A. Magna Carta of 1215 – first English Constitution delivered by King John, it guaranteed
personal liberties and civil rights
B. Bill of Rights of 1689 – revolutionaries of England determined to prevent arbitrary royal
rule laid this down, this document guaranteed freedom from cruel and unusual
punishment and excessive fines
C. Bill of Rights 1776 – Americans revolting from the English, this document asserted that
all men by nature are fully free and independent and have inherent rights such as
enjoyment of life and liberty, the means of acquiring and possessing of properties, and
obtaining happiness
D. Declaration of the Rights of Man 1789- by French revolutionaries, this document
declared that all men are born free and equal and affirmed the inalienable rights of men.
1. What are the reasons why the reaffirmation of the fundamental human rights was one
of the main objectives of the organization of the United Nations?
Ans: - Enforce equal human rights; “to reaffirm faith in fundamental human rights and the dignity
and worth of human person” (UN Chaarter Preamble)
- Recognition and respect of human rights and freedoms not due to discrimination
* yan yung gist pero baka ipa-enumerate yung articles galing sa UDHR na minention sa chap 3
Ans: United Nations Charter, Universal Declaration on Human Rights, International Covenant on
Economic, Social and Cultural Rights, and International Covenant on Civil and Political Rights
Ans: - Equal Protection of rights - human beings must have equal rights, no discrimination
- Freedom of speech, expression and religion - inviolable right to express one self unless
justifiably limited by the government
4. What international instruments have been adopted to serve as legally binding treaties
on the countries that ratified them?
Ans: International Covenant on Economic, Social and Cultural Rights and International
Covenant on Civil and Political Rights - both overseen by the UN
5. What are some of the hindrances or obstacles to the enforcement of the human rights
international instruments?
6. What are the remedies to deal in the hindrances or obstacles in the enforcement of
human rights? Cite examples.
Ans: Civil rights are the rights which the law will enforce at the instance of individuals without
discrimination for the enjoyment of their lives, liberty and means of happiness.
Ans: Both are protected personal rights but political rights are especially catering to the right to
participate directly or indirectly in the establishment or administration of government. Political
rights are rights to enable people to participate in running the affairs of the government.
Ex. “No one should be tortured”, “No one should be deprived of freedom of expression”, “no
one should be deprived of life”
4. Mention at least 3 basic civil rights and how they are applied in Philippine society.
Ans: - Right to Life, Liberty and Property - Art III Sec 1 (no person, not even the state has the
authority to take one’s ife)
- Right to Privacy - Art III Sec 3 (right to be free from intrusions into certain thoughts and
activities)
Ans: - Right to be informed of the nature and cause of the accusation against him
- Right to bail
Ans: this means that an accused cannot be presumed to have committed the charges against
without the proof of guilt beyond reasonable doubt. The accused cannot be imprisoned just
based on circumstantial evidence. The strict compliance with this is the court’s policy on
protecting an actually innocent person from going to jail.
7. What do you understand by the right of persons to peaceably assemble? Are there
limitations or restrictions to this right?
Ans: “Peaceful Assembly” means the right of citizens to meet peacefully for consultation in
respect to public issues and to petition the government for redress of grievance.
This right can be restricted on grounds of national security, public order, the protection of public
health or morals, or the protection of the rights of others.
CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES
4. What are the main purposes of the economic rights? Cite examples and explain.
➢ To promote high standard of living, full enjoyment and conditions of economic
and social progress and development.
8. What are the obligations of developed and industrialized countries towards Third
World Countries on economic, social and cultural rights?
➢ State Parties are obliged to take steps, individually and through international
assistance and cooperation, especially economic and technical, to the maximum
of its available resources, with a view to achieving progressively the full
realization of the rights recognized in the present covenant.
10. How should the State comply with the Covenant on Economic, Social and Cultural
Rights?
➢ By incorporating in their constitution most of the rights enumerated in the
International Covenant in Economic, Social and Cultural Rights and
implementation of it through social legislation.
1. Mention the persons or group of persons who are most vulnerable to violations of
human rights?
➢ 1. Women
2. Children
3. Youth
4. Indigenous Cultural Minorities
5. Muslim Population
6. Elderly
7. Disabled People
8. Mentally Disabled People
9. Prisoners and Detainees
10. Internally Displaced People
11. Migrant Workers
13. Urban Poor
14. Refugees and Stateless Persons
15. Laborers (Public, Private and Informal)
16. Rural Workers
17. Peasants and Fishermen
18. Houshelpers
2. What are the factors or reasons why they are vulnerable to violations of human
rights?
➢ Due to their Origin, status and conditions.
3. Cite concrete examples of each sector.
➢ 1. Children (Children in Emergency Situations – Zones of Peace, children
recruited in Warfare, Children in Conflict with the Law, Child Labor ,Children of
Migrant Workers, Children of Indigenous Tribes and Transnational Children,
Children of Families with HIV, Children of Refugees Children as House helpers)
2. Women (Rape, sexually abused and exploited women)
3. Youth ( In- School Youth, Out-Of-School Youth, Working Youth and Special
Youth)
4. Elderly ( Senior Citizens, Abondoned elderly in home for the aged, those
belonging to poor families)
5. Disabled People (Deaf, mute, blind, incompent, cripple, pwds)
6. Mentally Disabled People ( physically and sexually abused persons)
7. Prisoners and Detainees (wrongfully convicted, juveniles)
8. Migrant Workers (OFWs)
9. Urban Poor ( street children, families in urban areas with incomes below the
poverty line, slums)
10. Internally Displaced People
11. Laborers (Public, Private and Informal)
12. Rural Workers
13. Peasants and Fishermen (Agri workers)
14. Houshelpers (even children)
4. Cite the international instruments adopted to prevent or reduce the violation of
their human rights in vulnerable groups.
➢ Universal Declaration of Human Rights, Convention on the Rights of a Child, The
Rules of the Protection for Non-Combatants under Protocol I, Protection of
victims of Non-international Armed Conflicts Protocol II, Covenant on Civil and
Political Rights, Convention on Migrant Workers, Convention on Refugees,
Covenant on Social, Economic and Cultural Rights, Convention of Stateless
Persons,
5. Cite local laws enacted to assist those whose rights are vulnerable to human
rights violations.
➢ 1. The Philippine Constitution
2. The Revised Penal Code
3. The Labor Code
4. RA 7610 : Special Protection of Children Against Abuse, Exploitation and
Discrimination Act.
5. RA9262: Anti-Violence Against Women and Their Children Act of 2004
6. PD 60: Child and Youth Welfare Code
7. RA:8353:Anti- Rape Law
8. RA 8505: Rape victim assistance and Protection Act
9. RA 9775 : Anti-Child Pornography Act
10. RA 10175: Cyber Crime Prevention Act
11. RA 9995: Anti-Photo and Video Voyeurism Act
12. RA 9208: The Anti-Trafficking in Persons Act of 2003
13. Rules of the protection for Non-Combatants under Protocol I, Protection of
victims of non-international armed conflicts
14. RA 9344: Juvenile Justice and Welfare Act of 2006.
15. RA 7658: An Act Prohibiting the employment of Children below 15 years of
age,
16. RA: 9231: An Act providing for Elimination of the worst Forms of Child Labor
and affording Stronger Protection for the Working Child
17. RA 10361: Domestic Workers Act or Batas Kasambahay
18. RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE
KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT
OF 1995
CHAPTER VII
DISCRIMINATION
Discrimination generally means the failure to treat everyone alike according to the
standards and rules of action.
Examples:
3. Are there provisions in the United Nations Charter dealing on discrimination? Cite and
explain.
“Universal respect for an observance of human rights and fundamental freedoms for all
without distinction as to race, sex, language or religion. These objectives are intended to
promote the creation of conditions and stability which are necessary for a peaceful and friendly
relations among nations based on respect for the principle of equal rights and self determination
of people.” (Art. 55c)
The preamble of Universal Declaration of Human Rights emphasized that “the equal and
inalienable rights of each member of the human family”. UDHR believed that the foundation of
freedom, justice and peace in the world will be achieved only through equal rights of men and
women.
“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or territory
to which a person belongs, whether it be independent, trust, non-self-governing or under any
other limitation of sovereignty.” (ART. 2)
• Cultural Minorities
“The state shall recognize, respect and protect the rights of indigenous cultural minorities
to preserve and develop their cultures, traditions, and institutions. It shall consider these
rights in the formulation of national plans and policies” (Art. XIV, Sec. 17)
• Women
“The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men” (Art. II, Sec. 14)
“The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full potential
in the service of the nation” (Art. XIII, Sec. 14)
• Religious Test
“No religious test shall be required for the exercise of civil or political rights” (Art III, Sec.
5)
Groups that are usually discriminated are women, children, cultural minorities, poor
people and other vulnerable sectors. It is because they are the groups who lack knowledge
about their rights. They are perceived to be weak that doesn’t have the capacity to fight for their
rights.
EXAMPLE:
8. Have you observed in your community any form of discrimination? Cite concrete
examples and state why you consider them discrimination.
• Assistance given to poor people in government agencies, public offices (NBI, NSO, LTO,
etc,.)
• ETC.
➢ The United Nations recognize the role and importance of NGOs in the protection of
Human Rights through their charter, Article 71 states "The Economic and Social Council
may make suitable arrangements for consultation with non-governmental organizations
which are concerned with matters within its competence." This enabled the council to
consult NGOs on any activity involving the promotion and protection of human rights.
3. Mention some international NGOs and state activities they are engaged in on human
rights.
➢ Amnesty International focus on providing legal aid and assistance victims of torture and
those wrongly convicted of crimes. Through their website they also promote human
rights by posting news that promote awareness on human rights violations.
➢ NGOs function as Ombudsmen, safe-guarding human rights and calling the attention of
the government on violations through periodic reports, public statements participation in
the deliberations established by intergovernmental organizations
➢ NGOs stimulate public opinions and initiation on the foundation of foreign policy of
countries on matters concerning the violation of human rights.
5. Mention some of the NGOs in the Philippines and briefly discuss their roles in
protecting and promoting human rights.
➢ Like Amnesty International, the Philippine Alliance of Human Rights Advocates promote
human rights by posting news and reports that promote awareness of Human Rights
violations.
The Medical Action Group, on the other hand, aside from posting news and reports, the actively
promote human rights by doing the following.
• Publish a quarterly news magazine that carries news and information on the health and
human rights situation in the country and abroad.
• Educate the beneficiaries on their right to health to help them participate in shaping an
alternative health care system.
• Campaign for the abolition of torture as well as the welfare of the other beneficiaries.
Conduct fact-finding missions, exhumations and autopsy to victims of extrajudicial
executions.
• Monitor the health condition of workers in the picket line or farmers on hunger strike.
6. In what way or ways do they help the Commission on Human Rights on its monitoring
functions?
Q: What sectors of the Philippine society should be educated first on human rights?
Why?
Commission on Human Rights identified the following sectors that should be
educated on Human Rights, which are, Military Personnel, Police Officers and other Law
Enforcement Agencies. The reason behind is that these government sectors are the
most prone to the violation of Human Rights.
Q: What methods are suggested for the teaching of human rights to school students? To
college students?To adult citizens in barangays?
▪ CHR Human Rights Module
▪ Situational Example of Human Acts and how could there be possible Human Rights
Violation
▪ Question and Answer
Chapter X
REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS , TREATIES AND LAW
Q: What are the forms of remedies available to human rights victims through:
a) United Nations Systems
a. Optional Protocol to International Covenant on Civil and Political Rights
adopted in 1966 (Ratified by the Philippines on August 22, 1989).
b. The International Covenant on Elimination of all Forms of Racial
Discrimination (Ratified by the Philippines on September 15, 1967).
c. Convention Against Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment (Ratified on June 18, 1986).
d. 1503 Procedure
b) Through International Tribunals
a. International Criminal Tribunal for Violations of Humanitarian Law
b. International Criminal Court (ICC) Rome Statute
c) Through National or Domestic Tribunals
a. Governed by Local State Policies
Q: May an individual file complaint for violations of human rights in United Nation
bodies? Discuss.
Yes. An individual whose human rightwas violated may lodge his / her complaint
to the United Nation bodies in cases where the respondent is the Government. Provided
that the respondent Government has ratified the Covenant and its Optional Protocol.
However, before an individual may lodge the complaint to the United Nation bodies, he /
she shall need to exhaust all the remedies available in his / her local state policies. In the
event that the complainant is not satisfied with the local remedy, the HRC established
under the Article 28 of the Covenant will consider the complaint together with the
available evidence by both parties.
Q: Briefly state the jurisdiction and functions of the International Criminal Court.
• The jurisdiction will only take effect after a state becomes a party and after the entry into
force of the Statute.
• Only until then that the ICC can exercise its jurisdiction.
• It has the power to try individuals who violated international humanitarian law even if
committed in an internal war. Examples are:
Killing fields in Cambodia, Rwanda, Somalia and Sudan and recently the Ethnic
cleansing in Yugoslavia.
• The State Consent has no power in this jurisdiction.
• A Military commander shall be criminally responsible for the crimes committed by a
person pursuant to an order of the Government
Q: Discuss the procedures on how a complaint for violation of Human Rights in the
Philippines is filed.
BHRAO (Barangay Human Rights Action Officer) receives and process the
complaints lodged by an individual before their office and is the one responsible to asses
should there indeed a Human Rights Violation or within the jurisdiction of the CHR.
Should there be a cause established under the jurisdiction of the CHR, the complainant
will be asked to provide documents and proofs for the case. At this stage, the CHR
may start its investigation of the case.
However, in any case CHR is empowered by the Constitution to investigate on its
own even in the absence of any complaint, a Human Rights violation
Q: What is the role of the Philippine Commission on Human Rights in the enforcement of
Human Rights Laws? Cite concrete examples.
The Philippine Commission on Human Rights is a constitutional mandate, which
is tasked to ensure effective and efficient enforcement of Human RightsLaws. It is
responsible for the Seminars, Trainings, Promotion, Dissemination and sustainability of
Human Rights education. One of the most significant accomplishments of the agency is
its Initiative to make a special Human Rights Education System for Military, Police and
other Law Enforcement Agencies in which they were recognized by UN & UNESCO.
Some of the examples are:
▪ Advocacy Courses on Human Rights and International Humanitarian Law
(HR – IHL)
▪ Curricula for the Police / Jail personnel and Correction Officers.
▪ Extensive Training Course for AFP, PNP, BJMP
▪ Bi-Annual Publication of Human Rights Journal
▪ Quarter release of Newsletter, Batingaw.
▪ UDHR Booklet, in 4 Dialects (Tagalog, Kapangpangan, Ilokano,
Cebuano)
▪ Featured Stories of CHR’s Accomplishments and Relevant News.
▪ Tabloids, Magazines and Newspapers (published weekly)
▪ TV Plugs including testimonies
▪ Reproduction of Human Rights Sticker – “HR Protection Sticker”
▪ Other materials featuring current human rights issues
▪ Creative Dance Workshop for Children
▪ Research Studies:
• Enhancing GO – NGO Collaboration
• Building alliance for Human Rights Legislation
• HR-Social Reform for Disadvantageous Sectors including their
service providers.
• Dispute Resolutions
• Union Perspective
• CHR – GO – NGO Collaboration towards monitoring Philippine
Government Compliance with International Treaty Obligations on
Human Rights.
Other may also cite Article XIII Section 18 of the Constitution – CHR powers and
function.
(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the underprivileged whose human rights have been
violated or need protection;
(6) Recommend to Congress effective measures to promote human rights and to provide
for compensation to victims of violations of human rights, or their families;
(7) Monitor the Philippine Government’s compliance with international treaty obligations
on human rights;
(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine the
truth in any investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
The European Court of Human Rights (ECtHR) is a regional human rights judicial body
based in Strasbourg, France. The Court began operating in 1959 and has delivered more than
10,000 judgments regarding alleged violations of the European Convention on Human
Rights.These are binding on the countries concerned and have led governments to alter their
legislation and administrative practice in a wide range of areas. The Court's case-law makes the
Convention a powerful living instrument for meeting new challenges and consolidating the rule
of law and democracy in Europe.
The Court has jurisdiction to decide complaints (“applications”) submitted by individuals
and States concerning violations of the European Convention on Human Rights, which
principally concerns civil and political rights.The European Court, or “Strasbourg Court” as it is
often called, serves a complementary role to that of the European Committee of Social Rights,
which oversees European States’ respect for social and economic rights.
Jurisdiction
It cannot take up a case on its own initiative. Notably, the person, group or non-
governmental organization submitting the complaint (“the applicant”) does not have to be a
citizen of a State Party.
However, complaints submitted to the Court must concern violations of the Convention
allegedly committed by a State Party to the Convention and that directly and significantly
affected the applicant. As of March 2014, 47 States have ratified the Convention. Some of these
States have also ratified one or more of the Additional Protocols to the Convention, which
protect additional rights.
To submit a complaint, an application form which is available online must be filled out in
its entirety and copies of all relevant documents must be included along with the application,
which must be submitted by postal mail.
The Court's chamber decides both issues regarding admissibility and merits of the
case. Generally, both these issues are dealt with in the same judgment. In final judgments, the
Court makes a declaration that a contracting state has violated the Convention, and may order
the contracting state to pay material and/or moral damages and the legal expenses
incurred in domestic courts and the Courtin bringing the case. The Court's judgments are
public and must contain reasons justifying the decision. Article 46 of the Convention provides
that contracting states undertake to abide by the Court's final decision. On the other hand,
advisory opinions are, by definition, non-binding. The Court, under the Convention, has no
jurisdiction to annul domestic laws or administrative practices which violate the Convention.
The Committee of Ministers of the Council of Europe is charged with supervising the
execution of the Court's judgments. The Committee of Ministers oversees the contracting states'
changes to their national law in order that it is compatible with the Convention, or individual
measures taken by the contracting state to redress violations. Judgments by the Court are
binding on the respondent states concerned and states usually comply with the Court's
judgments.
Friendly Settlement
Prior to a decision on the merits, the Court will try to facilitate the arrangement of a friendly
settlement. If a friendly settlement cannot be reached, the Court will then deliver a judgment on
the merits. In instances where the Chamber hearing the case decides to issue an admissibility
decision in conjunction with a judgment on the merits, then the Parties may include information
about friendly settlements in the observation they submit to the Court.
Interim Measures
In exceptional cases, the Court may grant applicants “interim measures,” which are designed to
protect the applicant from further harm while the case proceeds before the Court. Requests for
interim measures are only granted when there is an imminent risk of irreparable harm such as
death or torture. They are most often granted in extradition and deportation cases.
47 Member States
1. Albania 18. Ireland 11. Spain
2. Andorra 19. Italy 12. Sweden
3. Armenia 20. Latvia 13. Switzerland
4. Austria 21. Liechtenstein 14. Macedonia
5. Azerbaijan 22. Lithuania 15. Turkey
6. Belgium 23. Luxembourg 16. Ukraine
7. Bosnia and Herzegovina 24. Malta 17. United Kingdom
8. Bulgaria 25. Republic of Moldova
9. Croatia 26. Monaco
38.
10. Czech
CyprusRepublic 28.
27. Netherlands
Montenegro
39. Denmark 29. Norway
40. Estonia 30. Poland
41. Finland 31. Portugal
42. France 32. Romania
43. Georgia 33. Russian Federation
44. Germany 34. San Marino
45. Greece 35. Serbia
46. Hungary 36. Slovak Republic
47. Iceland 37. Slovenia
Human Rights institutions are administrative in nature in the sense that they are neither
judicial nor law-making. As a rule, these institutions have advisory authority regarding national
and international human rights for the protection of nationals against discrimination and
protection of civil and other human rights. Such institutions are created by legislation or decree.
Some countries create the Ombudsman with the primary function to protect the rights of
individual. The Ombudsman often act as an impartial mediator between aggrieved individual
and the government. Based on the investigated complaints, the ombudsman makes a
recommendation addressed to the authority complained of and if the recommendation is not
acted upon, the ombudsman submits a report to the legislature containing suggestions to
resolve the complaint.
• Impact or Significance:
1. Forms part of customary international law
2. Cause Government to rethink/rewrite Constitution and acknowledge the rights
laid down by the UDHR
3. Adoption of International Covenants which are binding
4. International Agreements / Major Treaties or Convention
5. Reference of several laws and statutes across nations
THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL
RIGHTS (ICESCR)
• Adopted by the United Nations General Assembly on 16 December 1966 and entered
into force on 3 January 1976.
• Second Generation Rights
• One of the most important United Nations (UN) human rights treaties (multilateral treaty)
• Crucial to enable people to live with dignity. CP and ESC: Indivisible and interrelated
• Reliant on resources
• 5 Parts
1. Part 1 (Article 1) recognizes the right of all peoples to self-determination
2. Part 2 (Articles 2–5) establishes the principle of "progressive realization“
- It acknowledges that some of the rights (for example, the right to health)
may be difficult in practice to achieve in a short period of time, and that states
may be subject to resource constraints, but requires them to act as best they
can within their means.
3. Part 3 (Articles 6–15) lists the rights themselves. These include rights to
work, under "just and favorable conditions", with the right to form and join
trade unions (Articles 6, 7, and 8); social security, including social insurance
(Article 9); family life, including paid parental leave and the protection of
children (Article 10); an adequate standard of living, including adequate food,
clothing and housing, and the "continuous improvement of living conditions"
(Article 11); health, specifically "the highest attainable standard of physical
and mental health" (Article 12); education, including free universal primary
education, generally available secondary education and equally accessible
higher education. This should be directed to "the full development of the
human personality and the sense of its dignity”, and enable all persons to
participate effectively in society (Articles 13 and 14); participation in cultural
life (Article 15).
4. Part 4 (Articles 16–25) governs reporting and monitoring of the Covenant and
the steps taken by the parties to implement it. It also allows the monitoring
body – originally the United Nations Economic and Social Council – now the
Committee on Economic, Social and Cultural Rights to make general
recommendations to the UN General Assembly on appropriate measures to
realize the rights (Article 21)
5. Part 5 (Articles 26–31) governs ratification, entry into force, and amendment
of the Covenant.
ARTICLE III
BILL OF RIGHTS
PROTECTED RIGHTS
Right to life
The constitutional protection of the right to life is not just a protection of the right to be alive or to
the security of one’s limb against physical harm. The right to life is the right to a good life.
Right to property
Protected property includes all kinds of property found in the Civil Code.
SECTION 10 – CONTRACTS
** Not all impairment of the substance of a contract violates the Constitution. A valid exercise of
police power is superior to the obligation of contracts.
** The government cannot prejudice private rights without due process.