Article XIII- Social Justice* and Human Rights

ARTICLE XIII

Social Justice* and Human Rights

Social Justice

•guarantee the right of all people to equality of opportunity in all fields of human endeavor

•assure those who are less favored in life be more favored in law.

(Social Justice)

Section 1.•The State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

Section 2.

•The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

(Social Justice)

Duty of the State to promote Social Justice:•aims of policy to promote social justicea)to protect and enhance the right of all people to human dignityb)to reduce social, economic, and political inequalities; andc)to removed cultural inequities•measures to achieve aims•commitment to create economic opportunities

Beneficiary of social justice policy:1)economically disadvantage2)preferential concern by the State for their welfare

Social justice through promotion of equality of opportunity:1)structural defect of our society2)as to education

(Labor)

Section 3.

The state shall:• have its full protection to labor and promote full employment and equality of employment opportunities for all.•promote the principle of shared responsibility between workers and employers.•regulate the relations between workers and employers.

Right of workers:

•Right to self-organization.•Right to collective bargaining.•Right to collective negotiation.•Right to peaceful and concerted activities including the right to strike.•Right to security of tenure.•Right to just and humane conditions of work.•Right to a living wage.•Right to participate in policy and decision-making processes.

(Agrarian and Natural Resources Reform)

Section 4.

The state shall by law:

•undertake an agrarian reform program •respect the right of small land-owners•provide incentives for voluntary land sharing

Undertaking an agrarian reform program:

•Basis or aim of the program•Lands covered by the program•Distribution of lands and retention limits•Transfer of landownership•Support services•Landownership and internal stability

(Agrarian and Natural Resources Reform)

Section 5.

•Recognizes the right of farmers, farmworkers, and land-owners, as well as cooperatives, and other independent farmer’s organization to participate in the program.

Planning, organization and management of the program:

a.) Obligation of the State•Recognize the right of farmers and landowners to participate in the planning and management of the agrarian reform program.•Provide support to agriculture through appropriate technology, research and other support services.b.) Aim of provision•Protect the success of the agrarian reform by increasing agricultural efficiency and productivity.

(Agrarian and Natural Resources Reform)

Section 6.

•Applying the principles of agrarian reform or stewardship.

Resettlement of landless farmers and farmworkers

•Resettlement. It involves the distribution of public agricultural lands to deserving families.

•The State may resettle landless farmers and farmworkers in its own agricultural estates.

(Agrarian and Natural Resources Reform)

Section 7.

•Protects the rights of subsistence fishermen.•Provide support through appropriate technology and research, adequate financial, production, and marketing assistance, and other services.•Protect, develop and conserve such resources.

(Agrarian and Natural Resources Reform)

Section 8.

•Providing the incentives to land-owners.•Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.

(Urban Land Reform and Housing)

Section 9.

•Undertake a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services for underprivileged and homeless citizens.•Promoting adequate employment for the said citizens.

(Urban Land Reform and Housing)

Section 10.

•Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with the law and in a just and humane manner.•No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.

(Health)

Section 11. The state shall:•Adopt an integrated and comprehensive approach to health development

•Have priority for the needs of the underprivileged.

•Provide free medical care to paupers

Section 12.The state shall:•Establish and maintain an effective food and drug regulatory system

•Undertake appropriate health manpower development and research

(Health)

Section 13.

The state shall:•Establish a special agency for disabled persons for their rehabilitation, self-development, and self-reliance and their integration into the mainstream of their society.

(Women)

Section 14. The state shall:•Protect working women by providing safe and healthful working conditions

(Role and Rights of People’s Organizations)

Section 15.

The state shall: •Respect the role of independent people’s organizations to enable the people to pursue and protect

Section 16.

•The right of the people and their organizations shall not be abridged.

•The state shall, by law, facilitate the establishment of adequate consultation mechanisms.

(Human Rights)

Section 17. Commission on Human Rights

•Composition of the commission•Must exercise its present functions and power•Approved annual appropriations of the Commission shall be automatically and regularly released.

(Human Rights)

Section 18.

The Commission on Human Rights shall have the following powers and functions:

1)Investigate all forms of human rights violations;

2)Adopt its operational guidelines and procedures;

3)Provide appropriate legal measures;

4)Exercise visitorial powers over jails, prisons, or detention policies;

5)Established a continuing program of research, education, and information to enhance respect for the primacy of human rights;

6)Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims or their families;

(Human Rights)

7.) Monitor the Philippine Government’s compliance with international treaty obligations on human rights;

8.) Grant immunity from prosecution to any person whose testimony is necessary or convenient to determine the truth;

9.) Request the assistance of any department, bureau, and other agency to perform its functions;

10.) Appoint its officer and employees in accordance with the law; and

11.) Perform such other duties and functions as may be provided by law.

(Human Rights)

Section 19.The congress may provide for other cases of violations for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.

(Human Rights)

Investigatory power of the Commission:

•the Commission can investigate all forms of human rights violation.

•they can investigate violations committed by the government or private parties.

•other cases such as those arising from private contracts, employer-employee relationships, or individual crimes not connected with the performance of duty by a public officer fall more properly under the jurisdiction of other agencies of the government.