HR Reviewer:

Economic, Social and Cultural Rights

o Art. 55 UN Charter:
With a view to the creation of conditions of stability and wellbeing 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:
A.) higher standards of living, full employment, and conditions of
economic and social progress and development;
B.) solutions of international economic, social, health, and
related problems; and international cultural and educational
cooperation; and
C.) universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex,
language, or religion.
o Article 2 ICESCR:
1. Each State Party to the present Covenant undertakes 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 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,
color, 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.
o Article 1 ICESCR: (Right to self-determination)
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-SelfGoverning 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.
Articles 6 & 7 ICESCR
Article 6:
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
programs, 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 favorable
conditions of work which ensure, in particular:
o (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;
o (b) Safe and healthy working conditions;
o (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;
o (d ) Rest, leisure and reasonable limitation of
working hours and periodic holidays with pay, as
well as remuneration for public holidays
Article II, Section 18 (1987 Phil. Constitution)

The State affirms labor as a primary social economic force. It

shall protect the rights of workers and promote their welfare.
Article XIII, Section 3 (1987 Phil. 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.
Articles 8 & 9 ICESCR (Right to organize strike)
Article 8:
1. The States Parties to the present Covenant undertake
to ensure:
o (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;
o (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;
o (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;
o (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 Labor Organization 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: (Right to Social Security)
The States Parties to the present Covenant recognize the
right of everyone to social security, including social
insurance.
Article 10 ICESCR (Protection of and assistance to family)
The States Parties to the present Covenant recognize that:
1. 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.
2. Special protection should be accorded to mothers
during a reasonable period before and after childbirth.
During such period working mothers should be accorded
paid leave or leave with adequate social security benefits.
3. Special measures of protection and assistance should
be taken on behalf of all children and young persons
without any discrimination for reasons of parentage or
other conditions. Children and young persons should be
protected from economic and social exploitation. Their
employment in work harmful to their morals or health or
dangerous to life or likely to hamper their normal
development should be punishable by law. States should
also set age limits below which the paid employment of
child labor should be prohibited and punishable by law.
Article II, Section 12 (1987 Phil. 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.
Article XV, Sections 1 & 2 (1987 Phil. 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.
Article 12 ICESCR, Section 1: (Right to Physical and Mental Health)
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.
Article XIII, Sections 11 & 12 (1987 Phil. 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.
Article 13, Section 1 ICESCR
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.
Article XIV, Sections 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.
Solidarity and/Collective Rights:
o Articles 2,3,4, and 5 of the UN Declaration on the Rights of Indigenous
Peoples: (Right to self-determination)
Article 2: Indigenous peoples and individuals are free and equal
to all other peoples and individuals and have the right to be free
from any kind of discrimination, in the exercise of their rights, in
particular that based on their indigenous origin or identity.
Article 3: Indigenous peoples have the right to selfdetermination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and
cultural development.
Article 4: Indigenous peoples, in exercising their right to selfdetermination, have the right to autonomy or self-government in
matters relating to their internal and local affairs, as well as
ways and means for financing their autonomous functions.
Article 5: Indigenous peoples have the right to maintain and
strengthen their distinct political, legal, economic, social and
cultural institutions, while retaining their right to participate
fully, if they so choose, in the political, economic, social and
cultural life of the State.
o Sections 2,3 (h), 7 (c), 13, 16, and 21 R.A. No. 8371
Section2: Declaration of State Policies. The State shall
recognize and promote all the rights of Indigenous Cultural

Communities/Indigenous Peoples (ICCs/IPs) hereunder

enumerated within the framework of the Constitution:
a)
The State shall recognize and promote the
rights of ICCs/IPs within the framework of national unity
and development;
b)
The State shall protect the rights of ICCs/IPs to
their ancestral domains to ensure their economic, social
and cultural well being and shall recognize the
applicability of customary laws governing property rights
or relations in determining the ownership and extent of
ancestral domain;
c)
The State shall recognize, respect and protect
the rights of ICCs/IPs to preserve and develop their
cultures, traditions and institutions. It shall consider these
rights in the formulation of national laws and policies;
d)
The State shall guarantee that members of the
ICCs/IPs regardless of sex, shall equally enjoy the full
measure of human rights and freedoms without
distinction or discrimination;
e)
The State shall take measures, with the
participation of the ICCs/IPs concerned, to protect their
rights and guarantee respect for their cultural integrity,
and to ensure that members of the ICCs/IPs benefit on an
equal footing from the rights and opportunities which
national laws and regulations grant to other members of
the population; and
f)
The State recognizes its obligations to respond
to the strong expression of the ICCs/IPs for cultural
integrity by assuring maximum ICC/IP participation in the
direction of education, health, as well as other services of
ICCs/IPs, in order to render such services more responsive
to the needs and desires of these communities.
Towards these ends, the State shall institute and establish
the necessary mechanisms to enforce and guarantee the
realization of these rights, taking into consideration their
customs, traditions, values, beliefs, interests and
institutions, and to adopt and implement measures to
protect their rights to their ancestral domains.
Section 3(h): Indigenous Cultural Communities/Indigenous
Peoples refer to a group of people or homogenous societies
identified by self-ascription and ascription by others, who have
continuously lived as organized community on communally
bounded and defined territory, and who have, under claims of
ownership since time immemorial, occupied, possessed and

utilized such territories, sharing common bonds of language,

customs, traditions and other distinctive cultural traits, or who
have, through resistance to political, social and cultural inroads
of colonization, non-indigenous religions and cultures, became
historically differentiated from the majority of Filipinos. ICCs/IPs
shall likewise include peoples who are regarded as indigenous
on account of their descent from the populations which
inhabited the country, at the time of conquest or colonization, or
at the time of inroads of non-indigenous religions and cultures,
or the establishment of present state boundaries, who retain
some or all of their own social, economic, cultural and political
institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their
ancestral domains;
Section 7(c): Right to Stay in the Territories. The right to stay
in the territory and not to be removed therefrom. No ICCs/IPs will
be relocated without their free and prior informed consent, nor
through any means other than eminent domain. Where
relocation is considered necessary as an exceptional measure,
such relocation shall take place only with the free and prior
informed consent of the ICCs/IPs concerned and whenever
possible, they shall be guaranteed the right to return to their
ancestral domains, as soon as the grounds for relocation cease
to exist. When such return is not possible, as determined by
agreement or through appropriate procedures, ICCs/IPs shall be
provided in all possible cases with lands of quality and legal
status at least equal to that of the land previously occupied by
them, suitable to provide for their present needs and future
development. Persons thus relocated shall likewise be fully
compensated for any resulting loss or injury;
Section 13: Self-Governance. The State recognizes the
inherent right of ICCs/IPs to self-governance and selfdetermination and respects the integrity of their values,
practices and institutions. Consequently, the State shall
guarantee the right of ICCs/IPs to freely pursue their economic,
social and cultural development.
Section 16: Right to Participate in Decision-Making. ICCs/IPs
have the right to participate fully, if they so choose, at all levels
of decision-making in matters which may affect their rights, lives
and destinies through procedures determined by them as well as
to maintain and develop their own indigenous political
structures. Consequently, the State shall ensure that the
ICCs/IPs shall be given mandatory representation in policymaking bodies and other local legislative councils.

Section 21: Equal Protection and Non-discrimination of ICCs/IPs.

Consistent with the equal protection clause of the Constitution
of the Republic of the Philippines, the Charter of the United
Nations, the Universal Declaration of Human Rights including the
Convention on the Elimination of Discrimination Against Women
and International Human Rights Law, the State shall, with due
recognition of their distinct characteristics and identity, accord
to the members of the ICCs/IPs the rights, protections and
privileges enjoyed by the rest of the citizenry. It shall extend to
them the same employment rights, opportunities, basic services,
educational and other rights and privileges available to every
member of the society. Accordingly, the State shall likewise
ensure that the employment of any form of force or coercion
against ICCs/IPs shall be dealt with by law.
Article 25 (2) ICCPR:
To vote and to be elected at genuine periodic elections which
shall be by universal and equal suffrage and shall be held by
secret ballot, guaranteeing the free expression of the will of the
electors;
Article 21 UDHR:
(1) Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in
his country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting
procedures.
Article 2 ICCPR:
1. Each State Party to the present Covenant undertakes to
respect and to ensure to all individuals within its territory and
subject to its jurisdiction the rights recognized in the present
Covenant, 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.
2. Where not already provided for by existing legislative or other
measures, each State Party to the present Covenant undertakes
to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to
adopt such laws or other measures as may be necessary to give
effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as

herein recognized are violated shall have an effective
remedy, notwithstanding that the violation has been
committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy
shall have his right thereto determined by competent
judicial, administrative or legislative authorities, or by any
other competent authority provided for by the legal
system of the State, and to develop the possibilities of
judicial remedy;
(c) To ensure that the competent authorities shall enforce
such remedies when granted.
Article 5 ICERD:
In compliance with the fundamental obligations laid down in
article 2 of this Convention, States Parties undertake to prohibit
and to eliminate racial discrimination in all its forms and to
guarantee the right of everyone, without distinction as to race,
color, or national or ethnic origin, to equality before the law,
notably in the enjoyment of the following rights:
(a) The right to equal treatment before the tribunals and
all other organs administering justice;
(b) The right to security of person and protection by the
State against violence or bodily harm, whether inflicted by
government officials or by any individual group or
institution;
(c) Political rights, in particular the right to participate in
elections-to vote and to stand for election-on the basis of
universal and equal suffrage, to take part in the
Government as well as in the conduct of public affairs at
any level and to have equal access to public service;
(d) Other civil rights, in particular:
o (i) The right to freedom of movement and residence
within the border of the State;
o (ii) The right to leave any country, including one's
own, and to return to one's country;
o (iii) The right to nationality;
o (iv) The right to marriage and choice of spouse;
o (v) The right to own property alone as well as in
association with others;
o (vi) The right to inherit;
o (vii) The right to freedom of thought, conscience
and religion;
o (viii) The right to freedom of opinion and
expression;

(ix) The right to freedom of peaceful assembly and

association;
(e) Economic, social and cultural rights, in particular:
o (i) The rights to work, to free choice of
employment, to just and favorable conditions of
work, to protection against unemployment, to equal
pay for equal work, to just and favorable
remuneration;
o (ii) The right to form and join trade unions;
o (iii) The right to housing;
o (iv) The right to public health, medical care, social
security and social services;
o (v) The right to education and training;
o (vi) The right to equal participation in cultural
activities;
(f) The right of access to any place or service intended for
use by the general public, such as transport hotels,
restaurants, cafes, theatres and parks.
o Article 7 UN Convention (Discrimination against women):
States Parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of
the country and, in particular, shall ensure to women, on equal
terms with men, the right:
(a) To vote in all elections and public referenda and to be
eligible for election to all publicly elected bodies;
(b) To participate in the formulation of government policy
and the implementation thereof and to hold public office
and perform all public functions at all levels of
government;
(c) To participate in non-governmental organizations and
associations concerned with the public and political life of
the country.
Vulnerable Sectors:
o Women:
Article I: For the purposes of the present Convention, the term
"discrimination against women" shall mean any distinction,
exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field.
Article 2: States Parties condemn discrimination against
women in all its forms, agree to pursue by all appropriate means
o

and without delay a policy of eliminating discrimination against

women and, to this end, undertake:
(a) To embody the principle of the equality of men and
women in their national constitutions or other appropriate
legislation if not yet incorporated therein and to ensure,
through law and other appropriate means, the practical
realization of this principle;
(b) To adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting all
discrimination against women;
(c) To establish legal protection of the rights of women on
an equal basis with men and to ensure through competent
national tribunals and other public institutions the
effective protection of women against any act of
discrimination;
(d) To refrain from engaging in any act or practice of
discrimination against women and to ensure that public
authorities and institutions shall act in conformity with
this obligation;
(e) To take all appropriate measures to eliminate
discrimination against women by any person, organization
or enterprise;
(f) To take all appropriate measures, including legislation,
to modify or abolish existing laws, regulations, customs
and practices which constitute discrimination against
women;
(g) To repeal all national penal provisions which constitute
discrimination against women.
Article 3 States Parties shall take in all fields, in particular in the
political, social, economic and cultural fields, all appropriate
measures, including legislation, to en sure the full development
and advancement of women , for the purpose of guaranteeing
them the exercise and enjoyment of human rights and
fundamental freedoms on a basis of equality with men.
Article 4:
1. Adoption by States Parties of temporary special
measures aimed at accelerating de facto equality
between men and women shall not be considered
discrimination as defined in the present Convention, but
shall in no way entail as a consequence the maintenance
of unequal or separate standards; these measures shall
be discontinued when the objectives of equality of
opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures,

including those measures contained in the present
Convention, aimed at protecting maternity shall not be
considered discriminatory.
Article 5 States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of
men and women, with a view to achieving the elimination
of prejudices and customary and all other practices which
are based on the idea of the inferiority or the superiority
of either of the sexes or on stereotyped roles for men and
women;
(b) To ensure that family education includes a proper
understanding of maternity as a social function and the
recognition of the common responsibility of men and
women in the upbringing and development of their
children, it being understood that the interest of the
children is the primordial consideration in all cases.
Article 6: States Parties shall take all appropriate measures,
including legislation, to suppress all forms of traffic in women
and exploitation of prostitution of women.
Article 7: States Parties shall take all appropriate measures to
eliminate discrimination against women in the political and
public life of the country and, in particular, shall ensure to
women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be
eligible for election to all publicly elected bodies;
(b) To participate in the formulation of government policy
and the implementation thereof and to hold public office
and perform all public functions at all levels of
government;
(c) To participate in non-governmental organizations and
associations concerned with the public and political life of
the country.
Article 8 States Parties shall take all appropriate measures to
ensure to women, on equal terms with men and without any
discrimination, the opportunity to represent their Governments
at the international level and to participate in the work of
international organizations.
ICCPR
Children:
Parens Patriae
Article 27 CRC:

o
o
o
o

1. States Parties recognize the right of every child to a

standard of living adequate for the child's physical,
mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have
the primary responsibility to secure, within their abilities
and financial capacities, the conditions of living necessary
for the child's development.
3. States Parties, in accordance with national conditions
and within their means, shall take appropriate measures
to assist parents and others responsible for the child to
implement this right and shall in case of need provide
material assistance and support programs, particularly
with regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to
secure the recovery of maintenance for the child from the
parents or other persons having financial responsibility for
the child, both within the State Party and from abroad. In
particular, where the person having financial
responsibility for the child lives in a State different from
that of the child, States Parties shall promote the
accession to international agreements or the conclusion of
such agreements, as well as the making of other
appropriate arrangements.
Article 34 & 35 CRC:
Article 34: States Parties undertake to protect the child
from all forms of sexual exploitation and sexual abuse. For
these purposes, States Parties shall in particular take all
appropriate national, bilateral and multilateral measures
to prevent:
o (a) The inducement or coercion of a child to engage
in any unlawful sexual activity;
o (b) The exploitative use of children in prostitution or
other unlawful sexual practices;
o (c) The exploitative use of children in pornographic
performances and materials.
Article 35: States Parties shall take all appropriate
national, bilateral and multilateral measures to prevent
the abduction of, the sale of or traffic in children for any
purpose or in any form.

PWD:
R.A. No. 7277
Indigenous People:
R.A. No. 8731
Racial Discrimination
Genocide

o Refugees
o Stateless Persons
Remedies Against Human Rights Violations and Human Rights Abuse under
International Law:
o Remedies under UN Treaties
The Optional protocol to ICCPR
Convention on the Elimination of All Forms of Racial
Discrimination
Convention Against Torture, and other Cruel, Inhuman, or
Degrading Punishment
o The 1503 Procedure
o The 1235 Procedure
o The International Criminal Court
Remedies under National Law:
o Investigation by CHR
o Writ of Habeas Corpus
o Writ of Amparo
o Temporary Protection Orders/Permanent Protection Orders
o Writ of Kalikasan