Chapter V ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES ENJOYING FREEDOM FROM FEAR AND WANT CAN ONLY BE ACHIEVED IF CON- DITIONS ARE CREATED WHEREBY EVE- | RYONE MAY ENJOY HIS ECONOMIC, so- | ss ‘AND CULTURAL RIGHTS AS WELL AS HIS CIVIL AND POLITICAL RIGHTS. ‘The Second Generation Rights Economic, social and cultural rights (hereinafter referred to as Economic Covenant) are considered as second generation rights. These rights trace their ori- gin from the socialist doctrine which advocates the equitable sharing of economic resources, services and welfare benefits to all people. Commonly known as social welfare rights, they are generally stated as posi- tive undertakings or obligations of the government to ensure the economic well-being of the people. They are also called affirmative rights as they are viewed as goals or aspirations that government should provide for its citizens depending upon its resources ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS 103 APPLIED IN THE PHILIPPINES Article 55 of the UN Charter commits the Organi- zation to promote high standard of living, full enjoy- ment and conditions of economic and social progress and development. The United Nations shall seek so- lutions of international economic, social, health and related problems and international cultural and edu- cational cooperation. The Philippine Constitution accordingly, has sev- eral provisions based on these rights which are to be implemented through social legislation (Art. XII on the National Economy and Patrimony; Art. XIII on Social Jus- tice and Human Rights, Agrarian and Natural Resources, Urban Land Reform and Housing, Health, Women; Art. XIV on Education, Science and Technology, Arts, Culture and Sports; Art. XV on The Family) Interdependence Between Civil and Political Rights and the Economic, Social and Cultural Rights Both the International Covenant on Economic, So- cial and Cultural Rights and the International Cove- nant on Civil and Political Rights were adopted in 1966. Equal attention and consideration shall be given to the implementation of both Covenants. The civil and political rights of persons cannot be fully enjoyed unless the guarantees provided in the Covenant on Economic, Social and Cultural Rights are realized. The rights enumerated in the Covenant on Eco- nomic, Social and Cultural Rights, many of which are provided in the Philippine Constitution, are commit-104 HUMAN RIGHTS ments of the State for opportunities to achieve equal- ity and distributive justice to its citizens, such as the right to food, clothing, housing and education. They include the right to work with fair and just wages, decent working conditions, and protection of the fa- mily to maintain the decent standard of living. While the Covenant uses the word “rights,” most of them are just hopes or aspirations to be realized within the resources of the state. A person is not truly free if he is hungry. On the other hand, a slave, even with ade~ quate food and shelter provided by his master is stil a slave Economic, Social and Cultural Rights as Positive Commitments of the State As positive commitments, the State Parties are obliged to take steps, individually and through inter- national assistance and cooperation, especially eco- nomic 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, Most states with meager resources may not achieve the full realization of the rights enumerated in the Covenant, hence, the need of the international assistance and cooperation. Such rights must be exer- cised without discrimination as to race, color, sex, language, religion, political, or other opinion, national or social origin, property, birth or other status. (Art. 2 Economic Covenant) ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS 105 ‘APPLIED IN THE PHILIPPINES The guarantees enumerated in the Covenant have to be complied with once a State has ratified said Covenant. The provisions of said Covenant and the general principles of international law as part of the law of the land (Art. II[2]. Philippine Constitution). But the rights in the Covenant on Economic, Social and Cultural Rights have to be pursued as commitments of the state through legislation and measures de- pending on the resources of the State. The Right to Development The thrust of the International Covenant on Eco- nomic, Social and Cultural Rights is basically one of the rights to development. Right to development has been defined as “an inalienable human right by virtue of which every human person and all peoples are en- titled to participate in, contribute to, and enjoy eco- nomic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.” (HUMAN RIGHTS AGENDA, November 1996, UP Human Rights Center, p. 9) The right to development was first recognized in 1972 and was internationalized with the adoption of the United Nations General Assembly in 1986, with the Declaration of the Right to Development. The right to development is for participation, contribution and enjoyment of economic, social, and political rights by the people. It also concerns the integrity of human rights as a legal order by itself. The goal of world economies is to fulfill this human right of their people.106 Human RIGHTS Development is not only economic prosperity but social, political and cultural empowerment as well Usually, the government undertakes ambitious plans but not much has been actually accomplished by way of alleviating the people from poverty and an envi ronment where these sectors could be equipped in order to participate in the economy. The poor and the marginalized sectors are not given the opportunity to participate in the production processes. ‘The Philippines needs economic development in areas of social reform, economic, agriculture, agrarian reform and natural resources, infrastructure devel- opment, governance and development financing. So- cial reform is the most basic in this area, to improve the services concerning housing, education, health and other basic services. If people are empowered, then the economic goals and objectives for growth and economic improvement would be achieved since participation would be devolved down to the lowest level of society Right of Self-Determination The first article of the Economic Covenant states the right of self-determination. This subject has al ready been discussed in the first article of the Cove- nant on Civil and Political Rights th anemone ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS 107 "APPLIED IN THE PHILIPPINES The Right to Work under Decent Living Conditions Basic and fundamental in securing the economic well-being of a person is his right to work with fair wages and under decent working conditions. The Covenant on Economic, Social and Cultural Rights obliges States Parties “to recognize the right to work which includes the right of everyone to the opportu- nity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.” The right to work necessarily includes the right to a decent living wage, decent working conditions and the freedom of choice of work, freedom from dis- crimination and the right to form trade unions. It in- cludes the right to fair wages, equal pay for equal work, a living wage and adequate leisure time (Arts. 6 & 7, Economic Covenant). Similarly, the Philippine Constitution declares that the State shall afford full protection to labor, local and overseas, organized and unorganized, and pro- mote full employment and equality of employment opportunities for all. The Right of Workers to Self-Organization States shall undertake to 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108 Human RicHts (Arts, 8 & 9, Economic Covenant). They shall be entitled to security of tenure, humane conditions of work, and ing wage. They shall also participate in policy and mn-making processes affecting their rights dec To guarantee protection for labor, the Philippine Constitution provides that: The State shall afford full protection to labor. local, overseas, organized and unorganized, and promote full employment and equality of employ- ‘ment opportunities for all It shall guarantee the rights of all workers to self-organization, collective bargaining and nego 's, and peaceful concerted es, in- luding the right to strike in accordance w They shall be entitled to security of tenure, hu mane conditions of work, and a living wage. They shall also participate in pt and decision- making processes affecting their rights and bene- fits as may be provided by law. promote the principle of shared responsibility between workers and em- ployers and the preferential use of voluntary modes 1g disputes, including mutual compliance there- with 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 ti ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS 108 ‘APPLIED IN THE PHILIPPINES and the right of enterprises to reasonable returns ‘on investments, and to expansion and growth (Art. XIII, Sec. 3) Dismissal of laborers due to their membership in a labor union is illegal as it constitutes unfair labor practices (Magdalena State, Inc. vs. Kapisanan ng mga Manggagawa, 9 SCRA 237 [1963]). The employee has the right to self-organization and to form, join or as- sist labor organizations of their own choosing (Ele- gance, Inc. vs. Court of Industrial Relations, 38 SCRA 382 fug7ip) Playing a major role in achieving the ends of the right to work, the International Labor Organization (ILO) has pledged to support and implement the Covenant on Economic, Social and Cultural Rights. The ILO had developed international standards of labor to be complied with by the States Parties. Right to Work in Third World Countries The right to work in many countries especially in Third World States remains to be an empty statement. The International Labor Organization (ILO) has esti- mated that by the end of the 20th Century about 700 million people are unemployed. The legal protection for the right to work has no meaning at all if millions of people are struggling for jobs that are scarce. It is in this context that states should focus on employment policy, which means creating conditions of economic growth to increase levels of employment.{ 10 Human RIGHTS Right to Strike The Economic Covenant guarantees organized la- bor and trade unions the right to strike subject to the laws of the state. (Art. 8) trike” is the temporary stoppage of work by concerted action of employees as a result of a labor dispute. (Gold City Integrated Post Service vs. National Labor Relations Commission, 245 SCRA 627 [1995})- Protesting unfair labor practices and union bust- ing, labor unions declared a strike and picketted the premises of the company engaged in concrete prod- ucts. The company filed a petition to enjoin the strike. Ruling in favor of the striking union, the Supreme Court held that a strike is considered the most effec- tive weapon of labor in protecting the rights of em- ployees to improve the terms and conditions of their employment (Bisig ng Manggagawa vs. NLRC, 226 SCRA 499 [1993]). Similarly, the Philippine Constitution guarantees that “The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employ ment opportunities for all” (Art. XIIL, Sec. 3). In Alliance of Government Workers vs. Minister of Labor and Employment, 124 SCRA 1 (1983), the Su- preme Court ruled that the government workers, in- Guding government-owned or controlled corpora- wns, have the right to form associations or societies for purposes not contrary to law. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS mm "APPLIED IN THE PHILIPPINES ‘The right to strike is related to the right to organ- ize for collective bargaining in accordance with law. This is guaranteed under Art. XIII, Sec. 3(2) of the Philippine Constitution which reads: “It shall guarantee the rights of all workers to self-organization, collective bargaining and nego- tiations, and peaceful concerted activities, in- cluding the right to strike in accordance with law. They shall be entitled to security of tenure, hu- mane conditions of work, and a living wage. They shall also participate in policy and decision- making process affecting their rights and benefits as may be provided by law.” Government Workers Have No Right to Strike ‘The right of workers, however, is not absolute. It can be declared illegal by the Department of Labor and Employment if the strikers have not complied with the requisites of the Labor Code on the cooling- off period and the 7-day strike ban after the strike- vote report (Gold City Integrated Post Service vs Na- tional Labor Relations Commission, 245 SCRA 627 [1995]). Government workers do not have the right to strike. According to the Supreme Court, since the terms and conditions of government employment are fixed by law, government employees can not use the same mechanisms employed by the workers in the private sector to secure concessions from their em-m2 HUMAN RIGHTS ployers (Social Security System Employees Association vs. Court of Appeals, 175 SCRA 686 [1989)). Right to Strike as Against Property Rights In PBM Employees vs. PBM Steel, 51 SCRA 189 (1973), a labor union declared a strike to protest police brutality against jeepney drivers. The company con- tended that the employees have no right to strike un- der the collective bargaining agreement, which re- quired a strike notice. The Court ruled that what was at stake were “human rights” of the employees against property rights of the employer. The primacy of human rights over property rights is recognized Property and property rights can be lost by prescrip- tion but human rights are imprescriptible. If human rights are extinguished then at the Bill of Rights ceases to by passage of time, be an efficacious shield against the tyranny of officials, of majorities, of the influential and powerful, and oligarchy, political, eco- nomic or otherwise. Right to Social Security The Economic Covenant “recognizes the right of everyone to social security. including social in- surance” (Art. 9). “Social security” means a system provided for the benefit and protection of people after retirement, old age and, of survivors. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS 13 APPLIED IN THE PHILIPPINES The Social Security Act, Republic Act No. 1161, amended, was established in the Philippines for the benefit of the employees and laborers. The provisions thereof should be liberally construed in favor of those seeking its benefits. This ruling was made in Baker vs. Social Security System, 7 SCRA 836 (1963), wherein a worker was laid off for a while due to a temporary suspension of a factory because the overhauling of the machinery. A few months later, the company received a death claim from the beneficiaries of the employee. It was found out later that the company did not remit its social security premiums for four (4) months. The court ruled that as long as there was an employer- employee relationship, the employer has the obliga- tion to remit the social security premium even if the employee was not rendering service. The legislative policy of the Social Security Sys- tem is to provide social security, which means funds for the beneficiary, if the employee dies, or for the employee himself and his dependents if he is unable to perform his task because of illness or disability, or is laid off by reason of termination of the employ- ment, or because of temporary lay-off due to strike. In one case, the employee when he became a member of the System designated a co-owner as his beneficiary instead of a member of his family. Upon the death of the employee, the co-owner as beneficiary filed claim for death benefits. The Court denied his claim on the ground that the legislation intend of the Social Secu- rity System to afford protection to the employee asm4 Human Rt well as his family (Tecson vs. Social Security System. 3 SCRA 735 [1961]) Protection of and Assistance to Family The Economic Covenant obliges States Parties to provide “The widest possible protection, and assis- tance should be accorded to the family. The family is the natural and fundamental group unit of society, particularly for its establishment and while it is re ponsible for the care and education of dependent children” (Art. 10, Sec. 1). Similarly, the Philippine Constitution declares as ‘one of its state policies that “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Tt shall equally protect the life of the mother and the life of the unborn from conception. The natural and pri- mary 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 Gov- ernment” (Art. IT, Sec. 12). ‘This policy is reiterated in detail in Article XV, Sections 1 and 2 of the said Constitution, which states: 1. “The State recognizes the Filipino family as the foundation of the nation. Accordingly, it hall strengthen its solidarity and actively pro- mote its total development. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS us ‘APPLIED IN THE PHILIPPINES 2. “Marriage, as an inviolable social insti- tution, is the foundation of the family and shall be protected by the State.” The Family as a Basic Social Institution The Civil Code of the Philippines contains several provisions that promote and preserve the family as the basic social institution. Article 218 of said Code states that “no custom, practice or belief which is destruc- tive ofthe family shall be recognized or given effect.” Similarly, Family Code states, that “The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect.” (Art 149) The Philippine Supreme Court has emphasized the policy on the protection of the family when it ruled that marriage, as a social institution for the foundation of a family, is of the utmost importance to civilization and social purposes (Jimenez vs. Republic, 109 Phil. 273 [1971]). In this case, a petition was filed by the wife to annul the marriage with her husband whom she alleged to be psychologically incapacitated to comply with his marital obligations. The couple begot two children. The Supreme Court sustained the ruling of the trial court that the evidence was insuffi- cient of the husband’s psychological incapacity. TheMe HuMAN RicHTs Court reiterated the constitutional policy of strength- ening the family as a basic social institution as family law is based on a policy that marriage is not a mere contract, but a social institution to which the state is vitally interested. The State can find no stronger an- chor than on the good, solid and happy families. The breaking of families weakens our social and moral fabric and hence, their preservation is not the concen alone of the family members. Religious Education and Instruction ‘The State also gives the right of parents or guar- dians the teaching of religion of their choice to their children. Article XIV, Sec. 3 (3) of the Philippine Con- stitution states: “At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public ele- mentary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government This aforesaid provision is in consonance with the natural and primary rights and duty of parents in the rearing of the youth for civic efficiency and the devel- opment of moral character which shall secure the support of the government (Art. Il [12], Phil. Const) The State through the school is a subsidiary agent of aa. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS 17 "APPLIED IN THE PHILIPPINES parents. The optional religious instruction become obligatory after the parents of the children have re- ported it in writing, The Right to High Standard of Physical and Mental Health The Economic Covenant provides that “The States Parties must recognize the right of everyone to the enjoyment of the highest attainable standard of physi- cal and mental health.” (Art. 12, Sec. 1) A similar provision of the Philippine Constitution reads “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, dis- abled, women, and children. The State shall en- deavor to provide free medical care to paupers” (Art XIII, Sec. 11). The World Health Organization (WHO) has ef fective programs of imposing health standards espe- cially in Third World Countries—the fundamental concept of the WHO approach as the primary health care universally accessible to individuals and families. The Primary Health Care strategy is focused on pro- viding and promoting preventive and rehabilitative services at community levels.us HUMAN RIGHTS Right to Education and Development of Human Personality ‘The Economic Covenant “recognizes the right of everyone to education. Education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the re- spect for human rights and fundamental freedoms. Furthermore, education shall enable all persons to participate effectively in a free society, promote un- derstanding, tolerance and friendship among all na- tions and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.” (Art. 13, Sec. 1) States Parties to the Covenant are urged to pro- vide a compulsory primary education and secondary education, including technical and vocational educa- tion The Philippine Constitution provides more in de- tail the obligations of the State to protect and promote the right of all citizens to quality education at all levels and to take appropriate steps to make such education accessible to all; establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compu! sory for all children of school age; establish and main- tain a system of scholarship grants, student loan i cement ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS ug APPLIED IN THE PHILIPPINES programs, subsidies and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged; en- courage non-formal, informal, and indigenous learn- ing systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and, provide adult citi- zens, the disabled, and out-of-school youths with training in civics, vocational efficiency, and other skills. (Art. XIV, Secs. 1-2) The Philippines has enacted several laws to im- plement the provision in the right to education such as Republic Act No. 8190, establishing in every baran- gay, access to education and Republic Act No. 8525 entitled, “Adopt School Act.” Republic Act No. 2896, Elementary Education Act; Republic Act No. 4090, Providing State Scholarships in Science and Arts for the Poor; Republic Act No. 6054, The Barrio High School Charter; Republic Act No. 6050, Providing for Free Public Secondary Education. Rights of Students and Academic Freedom Recently, students in their assertion of their right to education especially in the college level have de- manded that they participate in the formulation of policies on the admission or expulsion of students; in the formulation of the curriculum and revision thereof; the screening of incoming faculty. The Su- preme Court had ruled in a number of cases that the120 HUMAN RIGHTS internal conditions for academic freedom in a univer- sity are that the academic staff should have de facto control of the following functions, namely: (i) the ad- mission and examination of students; (ii) the curricula for courses of study; (iii) the appointment and tenure of office of academics staff; and (iv) the allocation of income among the different categories of expenditure (Garcia vs. The Faculty Admission Committee, Loyola School of Theology, 68 SCRA 277 [1975]). In the deter- mination of standards to be met, students possess a privilege and not a right. While under Education Act of 1982, students have the right “to freely choose their field of study, subject to existing curricula and to con- tinue their course therein up to graduation,” such right is subject, as all rights are, to the established academic and disciplinary standards laid down by the academic institution. (See also Tangonan vs. Pafio, 137 SCRA 245 [1985]; Magtibay vs. Garcia, 120 SCRA 370 [1983)), The policies set in the Constitution and reiterated in the Congressional legislation do not necessarily mean that the Philippines has complied with the Eco- nomic Covenant. Admittedly, there are a great num- ber of children out of school and even if they have been enrolled, they drop out at an early stage of schooling due to economic difficulties. Young chil- dren are forced to work to help their parents earn livelihood. The number of street children in Metro Manila and other urban centers is a glaring example ECONOMIC, SOCLAL AND CULTURAL RIGHTS AS pray APPLIED IN THE PHILIPPINES of lack of compliance with the Economic Covenant on Education. Participation in Cultural Life and Benefits of Scientific Progress The Economic Covenant recognizes the right of everyone to take part in cultural life; to enjoy the benefits of scientific progress and its applications; as well as the protection of the moral and material inter- ests resulting from any scientific, literary or artistic production of which he is the author. (Art. 15, Secs. 1- 4, Covenant) The Philippine Constitution likewise provides, that: “The State shall give priority to research and development, invention, innovation, and their utilization,” (Art. XIV, Sec. 10) The state shall provide “Incentives, including tax deductions, to encourage private participation in pro- grams of basic and applied scientific research. Schol- arships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, re- searchers, scientists, inventors, technologists, and es- pecially gifted citizens” (Art. XIV, Sec. 11). The State shall regulate the transfer of technology to protect and secure the exclusive rights of citizens to their intel- lectual property and creations, particularly when