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
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
Name and explain some of the theories advanced as the sources of human rights.
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).
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.
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.
Marxist - emphasizes the interest of society over an individual's interest – communism
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.
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
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
Theory based on Equality and Respect - government must treat all their citizens equally, and
must intervene in order to advance the general welfare
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
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
What famous documents in history that contained concepts of human rights? Briefly
discuss each of these documents.
Magna Carta of 1215 – first English Constitution delivered by King John, it guaranteed
personal liberties and civil rights
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
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
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.
What historical events in the Philippines prompted Filipinos to protect and promote
human righs?
Colonial Spanish regime – economic and class discrimination was rife
Military Rule of Japan from 1942-1944
Martial Law of President Marcos
What consist of International Bill of Human Rights?
In Article II, Section 11, it reads “The State values the dignity of every human person and
guarantees full respect for human rights.” To implement this policy, the Commission on
Human Rights was created as a constitutional independent body under Article XIII, Sections
17-19 of the Phil. Constitution. This resulted to a substantial decrease of number of violations
among law enforcement in the human rights, but there is still much to be done.
Chapter III
The International Bill of Human Rights
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
What documents compose the International Bill of Human Rights?
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
Name some of the fundamental human rights ad explain each briefly.
Ans: - Equal Protection of rights - human beings must have equal rights, no discrimination
- Right to life, liberty and property -
- 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
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
What are some of the hindrances or obstacles to the enforcement of the human rights
international instruments?
Ans: - War crimes
- authoritarian regimes headed by dictators
- 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
What are the remedies to deal in the hindrances or obstacles in the enforcement of
human rights? Cite examples.
Ans: - implementing international treaties as local legislation
Chapter IV
Civil and Political Rights as Applied in the Philippines
CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES
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.
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.
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.
What is meant by Right of Development? Cite concrete examples.
Inalienable human right by virtue of which every human person and all people are entitled to
participate in, contribute to, and enjoy economic, social, cultural and political development, in
which all human rights and fundamental freedoms can be fully realized.
Ex: 1. Economic prosperity
2. Social, political and cultural empowerment
3. Social reform
4. Economic reform
5. Agriculture reform
6. Agrarian reform and natural resources
7. Infrastructure development
8. Governance and development financing
CHAPTER VI
HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS
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
What are the factors or reasons why they are vulnerable to violations of human rights?
Due to their Origin, status and conditions.
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)
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,
Cite local laws enacted to assist those whose rights are vulnerable to human rights
violations.
1. The Philippine Constitution
The Revised Penal Code
The Labor Code
RA 7610 : Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
RA9262: Anti-Violence Against Women and Their Children Act of 2004
PD 60: Child and Youth Welfare Code
RA:8353:Anti- Rape Law
RA 8505: Rape victim assistance and Protection Act
RA 9775 : Anti-Child Pornography Act
RA 10175: Cyber Crime Prevention Act
RA 9995: Anti-Photo and Video Voyeurism Act
RA 9208: The Anti-Trafficking in Persons Act of 2003
Rules of the protection for Non-Combatants under Protocol I, Protection of victims of non-
international armed conflicts
RA 9344: Juvenile Justice and Welfare Act of 2006.
RA 7658: An Act Prohibiting the employment of Children below 15 years of age,
RA: 9231: An Act providing for Elimination of the worst Forms of Child Labor and affording
Stronger Protection for the Working Child
RA 10361: Domestic Workers Act or Batas Kasambahay
RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995
CHAPTER VII
DISCRIMINATION
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)
6. What particular groups of persons are usually discriminated against? Why?
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.
7. What is meant by religious discrimination? Give examples.
Declaration on All Forms of Intolerance and of Discrimination Based on Religion or Beliefs
provides that in religious discrimination, everyone should have the freedom of thought,
conscience and religion, that no one should be subjected to coercion, which would impair
his/her freedom to have a religion or belief of his/her own choice.
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.
9. In what ways are the economically disadvantaged discriminated?
Economically disadvantaged do not enjoy equal opportunities on the availment of
government services and resources. In spite of the Land Reform Law, majority are still
landless, suffering from the landlord-tenancy relationship. Poor people are discriminated
against in many ways.
Chapter VIII
The Role of Non Governmental Organizations in 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.
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.
Organize/mobilize necessary resources for health services.
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?
The Commission on Human Rights is mandated to conduct investigations on human rights
violations against marginalized and vulnerable sectors of the society, involving civil and
political rights. To accomplish its functions, the CHR accept reports from NGOs on violations
of Human Rights. Similar to the United Nations, the CHR also consults NGOs to monitor and
reinforce Human Rights.
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 do you mean by remedies for enforcement of human rights?
For every right, there must be an effective remedy. These remedies are developed by the law
making bodies in which people may use to seek proper course of action in the event that their
human rights have been violated.
Q: What are the forms of remedies available to human rights victims through:
United Nations Systems
Optional Protocol to International Covenant on Civil and Political Rights adopted in 1966
(Ratified by the Philippines on August 22, 1989).
The International Covenant on Elimination of all Forms of Racial Discrimination (Ratified by
the Philippines on September 15, 1967).
Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
(Ratified on June 18, 1986).
1503 Procedure
Through International Tribunals
International Criminal Tribunal for Violations of Humanitarian Law
International Criminal Court (ICC) Rome Statute
Through National or Domestic Tribunals
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.
REMEDIES FOR THE ENFORCEMENT OF HUMAN RIGHTS TREATIES & LAWS
I. European Court of Human Rights
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
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Republic of Moldova
Monaco
Montenegro
Albania
Andorra
Armenia
Austria
Azerbaijan
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
San Marino
Serbia
Slovak Republic
Slovenia
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Local Remedies in the Philippines
1. Commission on Human Rights (ART. XIII)
CHR Composed of:
Chairman
4 Members
Qualifications:
Natural-born citizen
Majority must be members of the Bar
Others provided by law
Powers & Functions:
Investigate violations of human rights including civil and political rights. (Cariño v CHR)
Adopt operational guidelines
Provide appropriate legal measures for all persons within Philippinesas well as Filipinos
residing abroad.
Visitorialpowers over jails
Establish continuing program of research on human rights
Recommend to Congress effective measures of promotion of HR (EPZA v CHR)
Monitor Government’s compliance
Grant immunity from prosecution
Request assistance from any agency
Appoint its officers
Perform other functions
Impact or Significance:
Forms part of customary international law
Cause Government to rethink/rewrite Constitution and acknowledge the rights laid down by
the UDHR
Adoption of International Covenants which are binding
International Agreements / Major Treaties or Convention
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
Part 1 (Article 1) recognizes the right of all peoples to self-determination
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.
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).
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)
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.