You are on page 1of 26

ARTICLE XIII

Social Justice* and


Human Rights
Social Justice

•guarantee the right of all people to equality of


opportunity in all fields of human endeavor

•assure those who are less favored in life be more


favored in law.
Section 1. Section 2.

•The State shall regulate the •The promotion of social


acquisition, ownership, justice shall include the
use, and disposition of commitment to create
property and its economic opportunities
increments. based on freedom of
initiative and self-reliance.

(Social Justice)
Beneficiary of social
Duty of the State to justice policy:
promote Social Justice: 1) economically
•aims of policy to promote social disadvantage
justice
2)preferential concern by the
a)to protect and enhance the right State for their welfare
of all people to human dignity
b)to reduce social, economic, and Social justice through
political inequalities; and promotion of equality of
c) to removed cultural inequities opportunity:
•measures to achieve aims 1)structural defect of our society
•commitment to create economic 2)as to education
opportunities

(Social Justice)
Section 3.

The state shall:


•have its full protection to labor and promote full
employment and equality of employment opportunities for
all.
•promote the principle of shared responsibility between
workers and employers.
•regulate the relations between workers and employers.

(Labor)
Right of workers:

•Right to self-organization.
•Right to collective bargaining.
•Right to collective negotiation.
•Right to peaceful and concerted activities including the
right to strike.
•Right to security of tenure.
•Right to just and humane conditions of work.
•Right to a living wage.
•Right to participate in policy and decision-making
processes.
Section 4.

The state shall by law:


•undertake an agrarian reform program
•respect the right of small land-owners
•provide incentives for voluntary land sharing

(Agrarian and Natural Resources Reform)


Undertaking an agrarian reform program:

•Basis or aim of the program


•Lands covered by the program
•Distribution of lands and retention limits
•Transfer of landownership
•Support services
•Landownership and internal stability
Section 5.

•Recognizes the right of farmers, farmworkers, and land-


owners, as well as cooperatives, and other independent
farmer’s organization to participate in the program.

(Agrarian and Natural Resources Reform)


Planning, organization and management of the
program:

a.) Obligation of the State


•Recognize the right of farmers and landowners to
participate in the planning and management of the agrarian
reform program.
•Provide support to agriculture through appropriate
technology, research and other support services.
b.) Aim of provision
•Protect the success of the agrarian reform by increasing
agricultural efficiency and productivity.
Section 6.

•Applying the principles of agrarian reform or stewardship.

(Agrarian and Natural Resources Reform)


Resettlement of landless farmers and farmworkers

•Resettlement. It involves the distribution of public


agricultural lands to deserving families.

•The State may resettle landless farmers and farmworkers in


its own agricultural estates.
Section 7.

•Protects the rights of subsistence fishermen.


•Provide support through appropriate technology and
research, adequate financial, production, and marketing
assistance, and other services.
•Protect, develop and conserve such resources.

(Agrarian and Natural Resources Reform)


Section 8.

•Providing the incentives to land-owners.


•Financial instruments used as payment for their lands shall
be honored as equity in enterprises of their choice.

(Agrarian and Natural Resources Reform)


Section 9.

•Undertake a continuing program of urban land reform and


housing which will make available at affordable cost decent
housing and basic services for underprivileged and
homeless citizens.
•Promoting adequate employment for the said citizens.

(Urban Land Reform and Housing)


Section 10.

•Urban or rural poor dwellers shall not be evicted nor their


dwellings demolished, except in accordance with the law
and in a just and humane manner.
•No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with them and
the communities where they are to be relocated.

(Urban Land Reform and Housing)


Section 11. Section 12.
The state shall: The state shall:
•Adopt an integrated and
comprehensive approach to •Establish and maintain an
health development effective food and drug
regulatory system
•Have priority for the needs of
the underprivileged. •Undertake appropriate health
manpower development and
•Provide free medical care to research
paupers

(Health)
Section 13.

The state shall:


•Establish a special agency for disabled persons for their
rehabilitation, self-development, and self-reliance and their
integration into the mainstream of their society.

(Health)
Section 14.
The state shall:
•Protect working women by providing safe and healthful
working conditions

(Women)
Section 16.
Section 15.

•The right of the people and


The state shall: their organizations shall not be
•Respect the role of abridged.
independent people’s
organizations to enable the •The state shall, by law,
people to pursue and protect facilitate the establishment of
adequate consultation
mechanisms.

(Role and Rights of People’s Organizations)


Section 17.
Commission on Human Rights

•Composition of the commission


•Must exercise its present functions and power
•Approved annual appropriations of the Commission shall
be automatically and regularly released.

(Human Rights)
Section 18.

The Commission on Human Rights shall have the following powers and functions:

1) Investigate all forms of human rights violations;

2)Adopt its operational guidelines and procedures;

3)Provide appropriate legal measures;

4) Exercise visitorial powers over jails, prisons, or


detention policies;

5)Established a continuing program of research, education, and information to


enhance respect for the primacy of human rights;

6)Recommend to the Congress effective measures to promote human rights and to


provide for compensation to victims or their families;

(Human Rights)
7.) Monitor the Philippine Government’s compliance with
international treaty obligations on human rights;

8.) Grant immunity from prosecution to any person whose


testimony is necessary or convenient to determine the truth;

9.) Request the assistance of any department, bureau, and other


agency to perform its functions;

10.) Appoint its officer and employees in accordance with the


law; and

11.) Perform such other duties and functions as may be


provided by law.

(Human Rights)
Section 19.
The congress may provide for other cases of violations of
human rights that should fall within the authority of the
Commission, taking into account its recommendations.

(Human Rights)
Investigatory power of the Commission:

•the Commission can investigate all forms of human rights violation.

•they can investigate violations committed by the government or private


parties.

•other cases such as those arising from private contracts, employer-


employee relationships, or individual crimes not connected with the
performance of duty by a public officer fall more properly under the
jurisdiction of other agencies of the government.

(Human Rights)
Take home activity

1. Discuss at least 2 current issues that violates human rights. State your facts and
criticisms.

2. In the current state of the country, what particular part of Article 13 needs
some enhancement or revision? Why? Discuss with facts.

You might also like