b.

Economic, Social and Cultural Rights (Second Generation of Rights)

Art. 55 UN charter
-With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect
for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
1. higher standards of living, full employment, and conditions of economic and social progress and development;
2. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
3. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Art. 2 , ICESCR
1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, 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 by all appropriate means, including particularly the adoption of legislative measures.
2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without
discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights
recognized in the present Covenant to non-nationals.
b.1 Right to self-determination, Art. 1 , ICESCR
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social
and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international
economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of
subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories,
shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United
Nations.
b.2 Labor Rights

Right to Work Under Decent Working Conditions

Art. 6, 7, ICESCR
1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work
which he freely chooses or accepts, and will take appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance
and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment
under conditions safeguarding fundamental political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in
particular:
a. Remuneration which provides all workers, as a minimum, with:
i. Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions
of work not inferior to those enjoyed by men, with equal pay for equal work;
ii. A decent living for themselves and their families in accordance with the provisions of the present Covenant;
b. Safe and healthy working conditions;
c. Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of
seniority and competence;
d. Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays
Art. II, Sec. 18, 1987 Constitution
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Art. XIII, Sec 3, 1987 Constitution
The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment
opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to
strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy
and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right
of enterprises to reasonable returns to investments, and to expansion and growth.
JMM Promotions and Management, Inc. vs Court of Appeals, 260 SCRA 319 (1996)

Right to organize/strike

Art. 8 and 9, ICESCR
1. The States Parties to the present Covenant undertake to ensure:
a. The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the
promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those
prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the
rights and freedoms of others;
b. The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union
organizations;
c. The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic
society in the interests of national security or public order or for the protection of the rights and freedoms of others;
d. The right to strike, provided that it is exercised in conformity with the laws of the particular country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the
administration of the State.
3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and
Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the
guarantees provided for in that Convention.
Article 9
The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

Art. XIII, Sec. 3 (2)
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the
right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

Bisig ng Manggagawa vs NLRC, 226 SCRA 499 [1993]

Social Security System Employees Association vs. Court of Appeals 175 SCRA 686 [1989]

Bernardo vs NLRC, G.R. NO. 122917,July 12, 1999

b.3 Right to Social Security, Art. 9 , ICESR
The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.
b.4 Protection of and Assistance to family
Art. 10, Sec. 1, ICESR
The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society,
particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free
consent of the intending spouses.

Art. II, Sec. 12, 1987 Constitution
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the
youth for civic efficiency and the development of moral character shall receive the support of the Government.

Art. XV, Secs. 1 and 2, 1987 Constitution
Section 1.The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote
its total development. Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

b.5 Right to Physical and Mental Health

Art. 12, Sec. 1 , ICESR
The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental
health.

Art. XIII, Secs. 11,12, 1987 Constitution
Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods,
health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly,
disabled, women, and children. The State shall endeavor to provide free medical care to paupers. Section 12. The State shall establish and maintain an
effective food and drug regulatory system and undertake appropriate health, manpower development, and research, responsive to the countrys health needs
and problems.

b.6 Right to Education

Art. 13, Sec. 1, ICESR
The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full
development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They
further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all
nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

Art. XIV, Secs. 1-2
Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such
education accessible to all. Section 2. The State shall:
(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;
(2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear
their children, elementary education is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving
students in both public and private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly
those that respond to community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.
Garcia vs. The faculty Admission Committee , Loyola School of Theology 68 SCRA 277 [1975]