Professional Documents
Culture Documents
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
4. What famous documents in history that contained concepts of human rights? Briefly discuss
each of these documents.
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.
7. What historical events in the Philippines prompted Filipinos to protect and promote human
righs?
A. Colonial Spanish regime – economic and class discrimination was rife
B. Military Rule of Japan from 1942-1944
C. Martial Law of President Marcos
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
- to achieve “universal respect for an observance of human rights and fundamental freedoms”
* 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
- Right to Privacy - no arbitrary interference with his privacy, family, home, communications,
correspondence
- 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?
- Art. 2 par. 7 of UN Charter that gives no authority to the UN to investigate matters happening
within the domestic jurisdiction of the country/nation
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.
7. Mention some provisions in the Philippine Constitution on Economic rights, Social rights, and
Cultural rights.
1. Art. XII on the National Economy and Patrimony
2. Art. XIII on Social Justice and Human Rights, Agrarian and Natural Resources, Urban
Land Reform and Housing, Health Women
3. Art. XIV on Education, Science and Technology, Arts, Culture and Sports
4. Art. XV on the family
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.
CHAPTER VI
HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS
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)
5. Cite provisions in the Philippines Constitution prohibiting discrimination. Cite some examples.
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:
Religious test in the exercise of civil or political rights
Impediment to marriage on account of religion
Refusal to admit student on account of religion
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.
Chapter VIII
The Role of Non Governmental Organizations in the Promotion and Protection of Human Rights
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.
Maintain a resource center including books, manuals, audiovisuals and other educational
materials pertaining to health and human rights.
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?
Chapter IX
HUMAN RIGHTS EDUCATION
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;
(5) Establish a continuing program of research, education, and information to enhance respect
for the primacy of human rights;
(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
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
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.