CHAPTER V

ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES

1. Briefly explain what is meant by economic, social and cultural rights

They are the commitments of the state for opportunities to achieve equality and
distributive justice to its citizens such as the right to food, clothing, housing and
education. It included the right to work with fair and just wages, decent working
conditions, and protection of the family to maintain the decent standard of living.

2. Why are these rights considered as social welfare rights

They are generally stated as positive undertakings or obligations of the government to
ensure economic well being of the people.

3. Why are these rights also called Affirmative rights

They are viewed as goals or aspirations that government should provide for its citizens
depending upon its resources.

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.

5. What do you mean by social rights? Cite examples.

Social rights are those rights concerned with basic human needs.
Ex: 1. Right to development
2. Right to self Determination
3. Right of Workers to Self-Organization
4. Right to Work under Decent Living Conditions
5. Right to Work in Third World Countries
6. Right to Strike
7. Right to Strike as Against Property Rights
8. Right to Social Security
9. Protection of and Assistance to Family
10. Right to Education and Development of Human Personality
11. Right to Students and Academic Freedom
12. Participation in Cultural Life and Benefits of Scientific Progress
13. Religious Education and Instruction
14. Right to High Standard of Physical and Mental Health

6. What do you mean by cultural rights? Cite examples and explain.

Rights that aim at assuring the enjoyment of culture and its components in conditions of
equality, human dignity and non discrimination.
Ex: 1. Right to provide funds for the promotion of cultural development
 2. Promotion of awareness and enjoyment of the cultural heritage of national ethnic
groups and minorities and of indigenous peoples.
3. Preservation and presentation of mankind's cultural heritage
4. Legislation protecting the freedom of artistic creation and performance

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.

9. What is meant by public interest and social litigation?

Its the actions or remedies to enforce and implement Economic, Social and Cultural
rights. Must be accessible to all people, should be simple and at the minimum cost. Free
from technical forms of pleadings, rules of procedure in said cases should be relaxed and
socio-legal fact finding bodies should be appointed to determine facts in issue.

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.

11. 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

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