The Covenant on Economic, Social & Cultural Rights – The Philippines’ perspective

The Covenant on Economic, Social & Cultural Rights – The Philippines’ perspectiveA Paper Submitted to the Graduate School of Law of Pamantasan ng Lungsod ng Maynila

In compliance with the requirements of “International Law Developments”

Christine P. Carpio-Aldeguer, DBAJanuary 10, 2015

I. Preliminary Statement:

The International Covenant on Economic, Social and Cultural

Rights (ICESCR) is a multilateral treaty adopted by the United Nations

General Assembly on 16 December 1966. It commits its parties to work

toward the granting of economic, social, and cultural rights (ESCR) to

the Non-Self-Governing and Trust Territories and individuals, including

labor rights and the right to health, the right to education, and the right to

an adequate standard of living.

The Philippines has been a signatory of the Covenant ever since

December 19, 1966 and has ratified the same on June 7, 1974. This

paper will discuss how the Philippines have been implementing the

ICESCR.

An introductory concept of economic and social rights will be discussed

as well as the framework which covers the International Covenant on

Economic, Social and Cultural Rights (ICESCR).

II. Concept of Economic and Social Rights

Economic and Social Rights (ESRs) guarantee the conditions under

which everyone is able to meet basic human needs relating to the

workplace, social security, housing, food, water, health care, and

education.

A prominent reference to economic and social rights was in President

Franklin Delanore Roosevelt's Four Freedoms address to the US

Congress during World War II. As part of a discussion of fundamental

freedoms that should be available to all individuals in all societies,

Roosevelt referred to freedom from want which he defined as “economic

understandings, which will secure to every nation a healthy peacetime

life for its inhabitants.” Although President Roosevelt did not define the

content of economic and social rights, international instruments,

subsequent to his address have done so. From those instruments, we

can deduce some examples of economic and social rights. These are

the following:

The right to education, which provides basic instruction and

schooling, which is geared toward developing the human

personality and encouraging effective participation in society;

The right to food, which includes freedom from hunger and

access to safe and nutritional food;

The right to health, which includes access to physical and

mental health care services, facilities and protection against

epidemic diseases;

The right to housing, which ensures access to a safe,

habitable, and affordable home or shelter;

The right to social security, which guarantees everyone,

regardless of age or ability, the means necessary to procure

basic needs and services;

The right to work which protects the opportunity to work in

safe conditions in fair wages, providing a decent living for

oneself, and one’s family, including the right to form and join

trade (labor) unions;

By analyzing the framework of the ICESCR, the distinctive features of

the ESRs are as follows:

a) Progressive realization, where rights are given in stages and over

time;

b) Maximum available resources, a State’s financial constraint which

limits the realization of ESRs.

c) Legislative Measures – the primary means of realizing ESRs, and

d) International Assistance – richer nations provide financial and

technical aid to poorer countries.

However, General Comment No. 3: The Nature of States Parties’

Obligations (Art. 2, Para. 1, of the ICESCR) as adopted at the Fifth

Session of the Committee on Economic, Social and Cultural Rights, on

14 December 1990 explained that certain provisions in the ICESCR

would seem to be capable of immediate application and implementation

such as Articles 3; 7 (a) (i); 8; 10 (3); 13 (2) (a), (3) and (4); and 15 (3).

Moreover, General Comment No. 3 also provided immediate obligations

that all State parties must meet such as:

a) No discrimination related to ESRs;

b) Regardless of resource levels, the government can takes steps

towards full realization by starting a process moving forward, or

taking specific concrete, measured and deliberate steps;

c) Governments can also provide traditional judicial remedies for

ESRs that are capable of being applied immediately by courts and

judges; and

d) Ensure the satisfaction of, at the very least, the minimum essential

levels of each right in the ICESCR which constitutes the minimum

core obligation of every State. (Helfer, L. 2014, “International

Human Rights Law: Prospects and Challenges”, Duke

University.)

Let us now discuss pertinent provisions of the ICESCR and related

legislative measures duly enacted by the Philippines.

III. Discussions

Article 11. 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.

The 1987 Philippine Constitution specifically provides rights of

people to pursue their economic, social and cultural development, and of

which requires protection from the State. Some of the provisions are as

follows:

a) State policy on protecting and encouraging private enterprises

and growth of cooperatives, and providing incentives therefor.

(Article II, Section 20; Article XII, Section 15).

b) Non-impairment of obligations and contracts between

individuals (Article III, Section 10)

c) Encouragement of private enterprises, corporations and

cooperatives to broaden their base of ownership as part of the

goal of national economy. (Article XII, Section 1)

d) The right of individuals and private groups, including

corporations, cooperatives, and similar collective organizations,

to own, establish, and operate economic enterprises, subject to

the duty of the State to promote distributive justice and to

intervene when the common good so demands. (Article XII,

Section 6).

e) The power of Congress to establish and independent economic

and planning agency headed by the President, which shall

implement continuing integrated and coordinated programs and

policies for national development. (Article XII, Section 9).

f) The State policy to protect the rights of people’s organizations

in terms of social, political, and economic decision-making

processes. (Article XIII, Section 16).

The Retail Trade Liberalization Act of 2000 has been enacted to

encourage Filipino and foreign investors to forge an efficient and

competitive retail trade sector in the interest of empowering the Filipino

consumer through lower prices, higher quality if goods, better services

and wider choices. Moreover, the Barangay Micro Business Enterprises

(BMBE's) Act of 2002 is intended to hasten the country's economic

development by encouraging the formation and growth of barangay

micro business enterprises which effectively serve as seedbeds of

Filipino entrepreneurial talents, and integrating those in the informal

sector with the mainstream economy, through the rationalization of

bureaucratic restrictions, active granting of incentives and benefits to

generate much-needed employment and alleviate poverty.

In terms of cultural development, Republic Act 7356 is enacted to create

the National Center for Culture and Arts to formulate policies for the

development of culture and the arts, encourage artistic creation within a

climate of artistic freedom, develop and promote the Filipino national

culture and arts, and preserve Filipino cultural heritage.

Article 2

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.

In this instance, the 1987 Philippine Constitution and some legislative

enactments provided specific areas of investment limited to Filipinos. By

way of illustration, Congress, upon recommendation of the economic

and planning agency, when the national interest dictates, reserve to

citizens of the Philippines or to corporations or associations at least sixty

per centum of whose capital is owned by such citizens, or such higher

percentage as Congress may prescribe, certain areas of investments.

Moreover, Congress shall enact measures that will encourage the

formation and operation of enterprises whose capital is wholly owned by

Filipinos. In the grant of rights, privileges, and concessions covering the

national economy and patrimony, the State shall give preference to

qualified Filipinos. (Section 10, Article XII).

In the practice of all professions in the Philippines, the same shall be

limited only to Filipino citizens. (Section 14, Article XII)

Under the Foreign Investment Act of 1991, foreigners can invest in all

activities and enterprises in the Philippines, except those covered in the

Negative List, wherein investments covered therein have the

corresponding limitation to foreign ownership.

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Article XIII Section 3 of the 1987 Philippine Constitution ensures that the

State shall provide equal employment opportunities for all, regardless of

sex, race and creed.

The rights of the working women by providing them safe and healthful

working conditions, and ensuring them opportunities that will enhance

their welfare, making them realize their full potential in the service of the

nation is also constitutionally protected. (Section 14, Article XIII).

The Education Act of 1982 requires the mandatory obligation of the

State to promote the right of every individual to relevant quality

education, regardless of sex, age, creed, socio-economic status,

physical and mental conditions, racial or ethnic origin, political or other

affiliation. In this regard, the State shall therefore promote and maintain

equality of access to education as well as the enjoyment of the benefits

of education by all its citizens. This law ensures the equal rights of men

and women to the enjoyment of a quality education.

Presidential Decree 442, also known as the Labor Code of the

Philippines, specifically protects State policy to afford protection to labor,

promote full employment, ensure equal work opportunities regardless of

sex, race or creed. By way of implication, the right to equal employment

opportunities for men and women is also being assured.

Article 61. 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 programmes, 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 7The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(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;

(b) Safe and healthy working conditions;

(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;

(d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

Article 81. The States Parties to the present Covenant undertake to ensure:(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;(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;(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;(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.

The right to work is not only fully recognized in detail under the 1987

Philippine Constitution, but also given full force and effect under Batas

Pambansa Blg. 442, (effective as of May 1, 1974) also known as the

Labor Code of the Philippines). Such law consolidates all labor and

social welfare laws, which includes labor standard laws (i.e. working

conditions and rest periods, holiday and service incentive leaves and

service charges, minimum wage rates, payment of wages, etc.), social

welfare legislation (i.e. health, safety, and social welfare benefits), labor

relations laws (i.e. right to form labor organizations, collective

bargaining, appeals, rights of legitimate labor organizations, strikes &

lockouts), and administrative remedies which an individual must know in

order to safeguard his rights. A special provision on working conditions

for women is expressed under Articles 130-138 thereof.

The National Labor Relations Commission, a quasi-judicial agency

attached to the Department of Labor and Employment (DOLE), is

mandated to adjudicate labor and management disputes involving both

local and overseas workers through compulsory arbitration and

alternative modes of dispute resolution.

Article 9The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

It is the policy of the Republic of the Philippines to establish, develop,

promote and perfect a sound and viable tax-exempt social security

service suitable to the needs of the people throughout the Philippines

which shall promote social justice and provide meaningful protection to

members and their beneficiaries against the hazards of disability,

sickness, maternity, old age, death, and other contingencies resulting in

loss of income or financial burden. Towards this end, the State shall

endeavor to extend social security protection to workers and their

beneficiaries. This state policy is embodied under Republic Act No.

8282, also known as the Social Security Act of 1997. This law

strengthens the social security system of the country and amends

Republic Act 1161, also known as the Social Security Law.

Article 10

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.

The Family Code of the Philippines (1987) covers fields of significant

public interest, especially the laws on marriage. The definition and

requisites for marriage, along with the grounds for annulment, are found

in the Family Code, as is the law on property relations, rules on

establishing filiation, and the governing provisions on support, parental

authority, and adoption.

The Family Courts Act of 1997 has been enacted with the view of

protecting the rights and promoting the welfare of children in keeping

with the mandate of the Constitution and the precepts of the United

Nations Convention on the rights of the Child. This law is in line with the

state policy of recognizing the sanctity of family life and shall protect and

strengthen the family as a basic autonomous social institution. The law

will create family courts that shall preserve the solidarity of the family,

provide procedures for the reconciliation of spouses and the amicable

settlement of family controversy.

Article 10The States Parties to the present Covenant recognize that: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.

Maternity leave benefits are covered under Republic Act No. 8282 (May

1, 1997), also known as the Social Security Act of 1997. Under said

law, a female member (need not be married) who has paid at least three

(3) monthly contributions in the 12-month period immediately preceding

the semester of her childbirth or miscarriage shall be paid a daily

maternity benefit equivalent to 100% of her average daily salary credit

for 60 days or 78 days in case of caesarian delivery.

Republic Act No. 8972 otherwise known as the Solo Parents’ Welfare

Act of 2000 governs the granting of leave privileges to solo parents. In

addition to leave privileges under existing laws, parental leave of not

more than seven (7) days every year shall be granted to any solo parent

employee who has rendered service for at least one (1) year.

Article 10The States Parties to the present Covenant recognize that: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 labour should be prohibited and punishable by law.

Republic Act 7610, also known as the Special Protection of Children

against Child Abuse, Exploitation and Discrimination Act, as amended

by R.A. 9231 in 2003, implements the policy of the State to provide

special protection to children from all forms of abuse, neglect, cruelty,

exploitation, discrimination and other conditions prejudicial to their

development including child labor and worst crimes; and provide

sanctions for their commission.

Accordingly, children below 15 years of age shall not be employed,

except:

(1)When the child works directly under the sole responsibility of

his/her parents or legal guardian and where only members of

his/her family are employed provided that his/her employment

neither endangers his/her life, safety, health, and morals nor

impairs his/her normal development.

(2)Where a child’s employment or participation in public

entertainment or information through cinema, theater, radio,

television, or other forms of media is essential; provided, that the

employment contract is concluded by the child’s parents or legal

guardian with the express agreement of the child concerned and

the approval of the Department of Labor and Employment.1

The law further declares that the following are the mandatory hours of

work of a working child:

(1) A child below 15 years of age may be allowed to work for not more

than 20 hours a week, provided that the work shall not be more than 4

hours at any given time.

(2) A child 15 years of age but below 18 shall not be allowed to work for

more than 8 hours a day, and in no case beyond 40 hours a week.

(3) No child below 15 years of age shall be allowed to work between 8

o’clock in the evening and 6 o’clock in the morning the following day and

1 -- Sec. 2, R.A. 9231.

no child 15 years of age but below 18 shall be allowed to work between

10 o’clock in the evening and 6 o’clock in the morning the following day.2

There is a specific provision under such law that no child (person under

18 years of age) shall be employed as a model in any advertisement

directly or indirectly promoting alcoholic beverages, intoxicating drinks,

tobacco, and its by-products, gambling or any form of violence or

pornography.3 Further, all establishments and enterprises which

promote or facilitate child prostitution, and other sexual abuse, child

trafficking, obscene publications and indecent shows, and other acts of

abuse shall be immediately closed and their authority or license to

operate shall be cancelled.4

Article 111. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures,including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

2 -- Sec. 3, R.A. 9231.3 -- Sec. 5, R.A. 9231.4 -- Sec. 11, R.A. 7610 as amended.

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

Article 11 of the covenant recognizes the right of everyone to an

adequate standard of living. This includes, but is not limited to, the right

to adequate food, clothing, housing, and "the continuous improvement of

living conditions."

The right to adequate food, also referred to as the right to food, is

interpreted as requiring "the availability of food in a quantity and quality

sufficient to satisfy the dietary needs of individuals, free from adverse

substances, and acceptable within a given culture". This must be

accessible to all, implying an obligation to provide special programs for

the underprivileged. This must also ensure an equitable distribution of

world food supplies in relation to need, taking into account the problems

of food-importing and food-exporting countries. The right to adequate

food also implies a right to water.

Some of the government agencies involved for the implementation are

as follows:

A) Bureau of Food and Drugs (BFAD)

The Bureau of Food and Drugs is an attached agency under the

Department of Health in charge of the registration of processed foods,

drugs, medical devices, in vitro diagnostic reagents, cosmetics, and

household hazardous substance products. In case these products will

have to be hand carried or mailed for personal consumption abroad,

consumers may go directly to the BFAD Policy, Planning, and Advocacy

Division - Public Assistance and Compliance Division (PPAD-PAICD).

Consumers are advised to bring for verification, product samples and the

doctor’s prescription for prescription drug products.

Establishments involved in the manufacture, packaging, re-

packaging, importation, exportation, distribution, and retailing of

processed foods must secure a License to Operate from BFAD.

As a precaution, consumers are advised to verify the existence of

the License to Operate of the establishment/outlet which should be

conspicuously displayed and the existence of the applicable BFAD

Product Registration Number on the label of the products intended to be

bought. The absence of such information is indicative of possible illegal

source/product.

Furthermore, consumers must ask for receipts of payment of

purchased products reflecting the business name and address, Tax

Identification Number (TIN), and name of printer (BIR Permit No.) with

inclusive serial number of booklets and date of issuance of receipts and

the description of the goods bought.5

B) Department of Trade and Industry (DTI)

Under Executive Order 133 which remains effective up to the

present time, the Department of Trade and Industry serves as the

primary coordinative, promotive, and facilitative arm for trade, industry

and investment activities. It acts as the catalyst for intensified private

sector activity to accelerate and sustain economic growth through:

A comprehensive industrial growth strategy;

5 -- www.doh.gov.ph.

A progressive and socially responsible liberalization and

deregulation program

Policies designed for the expansion and diversification of both

domestic and foreign trade.

The end goal is to grow and expand Philippine trade and industry

as the means to generate jobs and raise incomes, so that Filipinos may

enjoy continuing improvements in their quality of life.6

The Department of Trade and Industry (DTI) shall be empowered

and authorized to issue rules and regulations and adopt measures as to:

(a) consolidate and/or coordinate all functions and efforts in

domestic trade and development of foreign trade in general;

(b) maintain reasonable allocation/distribution as between

domestic and export market through export retention, export

allocation, export subsidy, pricing, export ban and other schemes

and measures to ensure price stability and supply availabilities of

essential commodities in the local market;

(c) regulate the import of essential consumers and producers'

items with a view of enhancing availability at fair and competitive

prices to end-users; and

(d) promote and regulate domestic trade, marketing and

distribution to ensure the rational, economic and steady flow of

commodities from producing and/or marketing centers to areas in

short-supply through the support of centralized buying operations,

6 -- www.lawphil.net.

terminal markets and large scale and economical distribution

systems organized by the public or private sector.7

The Food Fortification Law was signed into law on November 7, 2000.

This law establishes the Philippine Food Fortification Program covering

all local and imported processed food products for sale or distribution for

human consumption in the Philippines, except for dietary supplements

where standards have already been prescribed. In other words, the law

applies to all manufacturers, producers, importers, traders, retailers and

repackers of foods prescribed to be fortified. There are two systems in

the programs:

Voluntary fortification of pre-packaged foods

Mandatory fortification of wheat flour with vitamin A and iron,

edible oil with vitamin A, refined and raw sugar with vitamin A, and

rice with iron.

To ensure that the fortified foods conform to standards set by BFAD, the

Department of Health (DOH) together with other agencies shall establish

a Quality System. Manufacturers, importers and repackers will also have

to establish their Quality Assurance System.

The implementation of the Food Fortification Program rests on DOH

through BFAD as the lead agency.

Non-compliance sanctions may range from denial of registration of the

product, meaning that the product shall not be allowed to be sold or

distributed in the market or if the product is already in the market, there

7 -- Presidential Decree No. 721, June 2, 1975.

may be issued an order of recall of the product from the market.

Fines/administrative sanctions may be imposed on the offending

manufacturer, ranging from P300,000 for the first violation, to as much

as P1 million in the third violation, in addition to suspension or

cancellation of the product registration.

In conclusion, the Food Fortification Law 2000 is indeed a landmark law

that seeks the improvement of nutrition status of the entire population.

The right to adequate housing, also referred to as the right to housing,

is "the right to live somewhere in security, peace and dignity". It requires

"adequate privacy, adequate space, adequate security, adequate

lighting and ventilation, adequate basic infrastructure and adequate

location with regard to work and basic facilities – all at a reasonable

cost". Parties must ensure security of tenure and that access is free of

discrimination, and progressively work to eliminate homelessness.

Forced evictions, defined as "the permanent or temporary removal

against their will of individuals, families and/or communities from the

homes and/or land which they occupy, without the provision of, and

access to, appropriate forms of legal or other protection", are a prima

facie violation of the Covenant.

The National Building Code of the Philippines (P.D. 1906, February 19,

1977) was adopted in view of the country’s accelerating economic and

physical development coupled with urbanization and population growth.

The National Building Code of the Philippines (NBCP) contains up-to-

date and modern technical knowledge on building design, construction,

use, occupancy and maintenance.

The following laws, rules and regulations are vital in enforcing the

National Building Code of the Philippines, to wit;

1) Code on Sanitation of the Philippines (P.D. 856). The law provides

that no establishment shall be operated and opened for public patronage

without a sanitary permit issued by the Secretary of Health or his duly

authorized representative. Under said law, such establishments must

provide adequate water supply, toilet and bath facilities, shall be kept

clean at all times, and with periodic insect and vermin control measures

to eradicate vectors of diseases.

Additional standards are provided as follows: (1) Animals, fowls and

pets shall be housed in appropriate kennels or cages separate from

living quarters; (2) Employment from such establishments must first

secure a health certificate from the local health authority; (3) Customers

shall be provided with clean linen such as bedsheets, pillow cases,

towels and napkins at all times; (4) When rooms or cabins are vacated,

their toilets or baths shall be sanitized and clean and fresh linen shall be

provided before the room or cabin is rented for occupancy. 8

2) Ecological Solid Waste Management Act of 2000 (R.A. 9003). The

law provides for the minimum standards for solid waste management, as

well as penalties for violation thereof.

3) Fire Code of the Philippines (P.D. 1185). The law requires owners,

administrators or occupants of buildings, structures and their premises or

8 -- Section 64, 65, P.D. 856.

facilities and other responsible persons to comply with the following, as

may be appropriate:

a. A fire safety inspection shall be conducted as prerequisite to the grants of permits and/or licenses by local governments and other government agencies concerned, for the: (1) Use or occupancy of buildings, structures, facilities or their premises including the installation of fire protection and fire safety equipment, and electrical system in any building structure or facility; (2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other hazardous materials;

b. Fire safety measures shall be required for the manufacture, storage, handling and/or use of hazardous materials involving: (1) Cellulose nitrate plastic of any kind; (2) Combustible fibers; (3) Cellular materials such as foam, rubber, sponge rubber and plastic foam; (4) Flammable and combustible liquids or gases of any classification; (5) Flammable paints, varnishes, stains and organic coatings; (6) High-piled or widely spread combustible stock; (7) Metallic magnesium in any form; (8) Corrosive liquids, oxidizing materials, organic peroxide, nitro methane, ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as material compounds which when exposed to heat or flame become a fire conductor, or generate excessive smoke or toxic gases; (9) Blasting agents, explosives and special industrial explosive materials, blasting caps, black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic explosives containing ammonium salt or chlorate; (10) Fireworks materials of any kind or form; (11) Matches in commercial quantities; (12) Hot ashes, live coals and embers; (13) Mineral, vegetable or animal oils and other derivatives/by products; (14) Combustible waste materials for recycling or resale; (15) Explosive dusts and vapors; and (16) Agriculture, forest, marine or mineral products which may undergo spontaneous combustion.

c. Fire safety measures shall be required for the following hazardous operation/processes: (1) Welding or soldering; (2) Industrial baking and drying; (3) Waste disposal; (4) Pressurized/forced-draft burning equipment; (5) Smelting and forging; (6) Motion picture projection using electrical arc lamps; (7)

Refining, distillation and solvent extraction; and (8) Such other operations or processes as may hereafter be prescribed in the Rules and Regulations.

d. Owners, occupants or administrator of buildings, structures and their premises or facilities shall incorporate and provide therein fire safety construction, protective and warning system, and shall develop and implement fire safety programs, to wit: (1) Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe systems and other fire fighting equipment; (2) Fire Alarm systems; (3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies in the same building; (4) Provisions for confining the fire at its source such as fire resistive floors and walls extending up to the next floor slab or roof, curtain boards and other fire containing or stopping components; (5) Termination of all exits in an area affording safe passage to a public way or safe dispersal area; (6) Stairway, vertical shafts, horizontal exits and other means of egress sealed from smoke and heat; (7) A fire exit plan for each floor of the building showing the routes from each other room to appropriate exits, displayed prominently on the door of such room; (8) Self-closing fire resistive doors leading to corridors; (9) Fire dampers in centralized air-conditioning ducts; (10) Roof vents for use by fire fighters; and (11) Properly marked and lighted exits with provision for emergency lights to adequately illuminate exit ways in case of power failure. 9

4) Philippine Environmental Code (P.D. 1152). The law provides for the

minimum standards for air quality management, water quality

management, land use management, natural resources management

and conservation, and waste management.

5) Environmental Impact System (P.D. 1586) and its Implementing

Rules and Regulations (AO 2003-30) by the Department of Environment

and Natural Resources. Under the law, no person, partnership or

corporation shall undertake or operate any such declared

9 -- Section 8, P.D. 1185.

environmentally critical project or area without first securing an

Environmental Compliance Certificate issued by the President of the

Philippines through the Department of Environment and Natural

Resources. Hotels and resorts, being areas set aside as aesthetic

potential tourist spots are classified as projects located in

Environmentally Critical Areas.10

The Urban Development and Housing Act (RA 7279 made effective on

March 29, 1992) was enacted based on the State policy enshrined under

Article 13 of the 1987 Philippine Constitution which states:

“Sec. 9. The State shall, by law and for the common good undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underpriviledged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to citizens. In the implementation of such programs the State shall respect the rights of small property owners.

“Sec. 10. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with 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.

The law is based on the following objectives:

a) Uplift the conditions of the underprivileged and homeless citizens in

urban areas and in resettlement areas by making available to them

10 -- Article II Section 1, Scope of the EIS System, DENR Administrative Order No. 37, Series of 1996.

decent housing at affordable cost, basic services, and employment

opportunities;

b) Provide for the rational use and development of urban land in order to

bring about the following:

(1) Equitable utilization of residential lands in urban and

urbanizable areas with particular attention to the needs and

requirements of the privileged and homeless citizens and not

merely on the basis of market forces;

(2) Optimization of the use and productivity of land and urban

resources

(3) Development of urban areas conducive to commercial and

industrial activities which can generate more economic

opportunities for the people;

(4) Reduction in urban dysfunctions, particularly those that

adversely affect public health, safety and ecology; and

(5) Access to land and housing by the underprivileged and

homeless citizens.

c) Adopt workable policies to regulate and direct urban growth and

expansion towards a dispersed urban net and more balanced urban-

rural interdependence;

d) Provide for an equitable land tenure system that shall guarantee

security of tenure to Program beneficiaries but shall respect the rights of

small property owners and ensure the payment of just compensation;

e) Encourage more effective people’s participation in the urban

development process; and

f) Improve the capability of local government units in undertaking urban

development and housing programs and projects.

The law discourages demolition as a practice. Eviction or demolition may

be allowed only when:

a. persons/entities occupy danger areasb. persons/entities occupy public placesc. place occupied is a gov't. infrastructure project sited. there is a court order for eviction or demolition e. construction falls under the category: new illegal structure f. structure belongs to a professional squatter or a member of a squatting syndicate

In the execution of eviction or demolition involving underprivileged and

homeless citizens, the following are mandatory: (Sec. 28, UDHA,

Implementing Rules and Regulations):

* 30-day notice adequate consultation only during office hours and good weather presence of LGU officials all those participating in demolitions must have proper ID the Philippine National Police shall be in proper uniform (their task

is not to demolish but for law enforcement and disturbance control only)

* heavy equipment shall not be used except for concrete structures

Article 121. 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.2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;(b) The improvement of all aspects of environmental and industrial hygiene;(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Article 12 of the Covenant recognizes the right of everyone to "the

enjoyment of the highest attainable standard of physical and mental

health". States must protect this right by ensuring that everyone within

their jurisdiction has access to the underlying determinants of health,

such as clean water, sanitation, food, nutrition and housing, and through

a comprehensive system of healthcare, which is available to everyone

without discrimination, and economically accessible to all.

Employees in the private sector are covered under the SSS Law wherein

the mission is to promote and perfect a sound and viable tax exempt

social security system suitable to the needs of the people which shall

provide meaningful protection to members and their beneficiaries

against hazards of disability, sickness, maternity, old age, death and

other contingencies resulting in loss of income or financial burden.11

PhilHealth assumed the responsibility of administering the former

Medicare program for private sector employees, with its landmark 11 -- Section 2, R.A 8282.

transfer from the Social Security System (April 1998). With this transfer

came the turnover of the health insurance funds, initially totaling P14

billion from the SSS. The amount covers employee and employers'

shares in the medical care program. The benefit package includes the

following categories of personal health services

Inpatient hospital care: Room and board; Services of health care professionals; Diagnostic, laboratory, and other medical examination services; Use of surgical or medical equipment and facilities; Prescription drugs and biologicals, subject to the limitations stated

in Section 37 of RA 7875; and Inpatient education packages.

Outpatient care: Services of health care professionals; Diagnostic, laboratory, and other medical examination services; Personal preventive services; Prescription drugs and biologicals, subject to limitations described

in Section 37 of RA 7875; and Emergency and transfer services

An employee may also recover from the Employees Compensation

and State Insurance Fund in case of work-related disabilities.

In terms of every right of an individual to a healthy environment,

the Philippine Clean Air Act of 1999 (R.A. 8749, An Act Providing for a

Comprehensive Air Pollution Control Policy), is enacted to protect and

advance the right of the people to a balanced and healthful ecology in

accord with the rhythm and harmony of nature. This law shall also

promote and protect the global environment to attain sustainable

development while recognizing the primary responsibility of local

government units to deal with environmental problems.

The Newborn Screening Act of 2004 (R.A. No. 9288, An Act

Promulgating A Comprehensive Policy and a National System for

Ensuring Newborn Screening) intends to protect and promote the right to

health of the people, including the rights of children to survival and full

and healthy development as normal individuals. The objectives of the

National Newborn Screening System are:

1) To ensure that every newborn has access to newborn screening for certain heritable conditions that can result in mental retardation, serious health complications or death if left undetected and untreated;

2) To establish and integrate a sustainable newborn screening system within the public health delivery system;

3) To ensure that all health practitioners are aware of the advantages of newborn screening and of their respective responsibilities in offering newborns the opportunity to undergo newborn screening; and

4) To ensure that parents recognize their responsibility in promoting their child's right to health and full development, within the context of responsible parenthood, by protecting their child from preventable causes of disability and death through newborn screening.

Article 131. 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.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:(a) Primary education shall be compulsory and available free to all;(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 13 of the Covenant recognizes the right of everyone to free

education (free for the primary level and "the progressive introduction of

free education" for the secondary and higher levels). This is to be

directed towards "the full development of the human personality and the

sense of its dignity", and enable all persons to participate effectively in

society. Education is seen both as a human right and as "an

indispensable means of realizing other human rights", and so this is one

of the longest and most important articles of the Covenant.

1987 Philippine Constitution (Article XIV, Sections 1-5) provides the

following highlights in relation to Article 13 of the Covenant:

The obligation of the State to promote and protect the right of all

citizens to quality education at all levels, and to take all appropriate

steps to make such education accessible to all;

The obligation of the State to establish, maintain, and support a

complete, adequate and integrated system of education relevant to

the needs of the people and society; establish and maintain a

system of free public education in the elementary and high school

levels and making elementary education compulsory for all

children of school age; establish and maintain a system of

scholarship grants, student loan programs and other incentives

and subsidies to be made available to deserving students in both

public and private schools, especially the underprivileged;

The obligation of the State to 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;

The obligation of the State to provide adult citizens, the disabled,

and out-of-school youth with training in civics, vocational efficiency,

and other skills;

Exemptions of non-stock, non-profit educational institutions from

payment of taxes for all revenues received actually, directly and

exclusively for educational purposes;

Exemptions of all grants, donations and endowments used

actually, directly and exclusively for educational purposes from

payment of taxes;

The observance of the right of academic freedom by all

educational institutions;

The observance of the right of every citizen to select a profession

or course of study, subject to fair, reasonable, and equitable

admission and academic requirements;

The obligation of the State to enhance the right of teachers to

professional advancement;

The obligation of the State to provide the highest budgetary priority

to education.

Some of the legislative enactments relative to the above constitutional

provision are as follows:

Batas Pambansa Blg. 232, also known as the Education Act of

1982 which provides for the establishment and maintenance of an

integrated system of education.

Republic Act 7722, creating the Commission on Higher Education

which covers both public and private institutions of higher

education as well as degree-granting programs in all post-

secondary educational institutions, public and private.

Republic Act 7796, TESDA Act of 1994 wherein it adheres to the

policy of the State to provide relevant, accessible, high quality and

efficient technical education and skills development in support of

the development of high quality Filipino middle-level manpower

responsive to and in accordance with Philippine development

goals and priorities.

Republic Act 9155 Governance of the Basic Education Act of 2001

instituting a framework of governance for basic education,

establishing authority and accountability. The law shall promote

the right of all citizens to quality basic education and to make such

education accessible to all by providing all Filipino children a free

and compulsory education in the elementary level and free

education in the high school level. This also includes alternative

learning systems for out-of-school youth and adult learners.

Republic Act 6655, establishing and providing for a free public

secondary education to qualified citizens and to promote quality

education at all levels.

Article 151. The States Parties to the present Covenant recognize the right of everyone:(a) To take part in cultural life;(b) To enjoy the benefits of scientific progress and its applications;(c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.

3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

Article 15 of the Covenant recognizes the right of everyone to

participate in cultural life, enjoy the benefits of scientific progress, and to

benefit from the protection of the moral and material rights to any

scientific discovery or artistic work they have created.

The following are some of the pertinent laws:

Republic Act No. 8371, Indigenous Peoples Rights Act of 1997 (October

29, 1997).

The said law implements the state’s recognition and promotion of all the

rights of the Indigenous Cultural Communities / Indigenous Peoples

(ICCs/IPs) within the framework of the Constitution. It further enforces

the following state policies:

a) Recognition and promotion of the rights of the ICCs/IPs within the framework of national unity and development;

b) Protection of 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) Recognition, respect and protection of the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions;

d) The State’s guarantee that members of the ICC/IP regardless of sex, shall equally enjoy the full measure of human rights and freedom without distinction or discrimination;

e) The State’s commitment to 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 ICC/IP 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’s recognition of the obligations to respond to the strong expression of the ICCs/IPs for cultural integrity to 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 the communities.

In this regard, there shall be a mechanism 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.12

R.A. No. 9072, “National Caves and Cave Resources ManagementProtection Act,” April 8, 2001.

This law implements the policy of the State to conserve, protect, and

manage caves and cave resources as part of the country’s natural

wealth. Towards this end, the State shall strengthen cooperation and

exchange of information between governmental authorities and people

who utilize caves and cave resources for scientific, educational,

recreational, tourism and other purposes.13

In the implementation of this Act, the Department of Environment and

Natural Resources shall formulate, develop and implement a national

program for the management, protection and conservation of caves and

cave resources and issue permits for the collection and removal of

guano and other cave resources which shall be determined in

coordination with the Department of Tourism, the National Museum,

concerned local government units, the scientific community and the

12 -- Section 2, Republic Act No. 837113 -- Sec. 2, R.A. No. 9072.

academe, with regard to specific caves taking into consideration bio-

diversity as well as the aesthetic and archeological value of the cave.14

Republic Act 9147, Wildlife Resources Conservation and Protection Act, July 30, 2001.

The law implements the policy of the State to conserve the country’s

wildlife resources and their habitats for sustainability. The law shall have

the following objectives:

(a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity;

(b) to regulate the collection and trade of wildlife;(c) to pursue, with due regard to the national interest, the Philippine

commitment to international conventions, protection of wildlife and their habitats

(d) to initiate or support scientific studies on the conservation of biological diversity.15

The Department of Environment and Natural Resources shall have

jurisdiction over all terrestrial plain and animal species, all turtles and

tortoises and wetland species, including but not limited to crocodiles,

waterbirds and all amphibians and dugong. On the other hand, the

Department of Agriculture shall have jurisdiction over all declared

aquatic critical habitats, all aquatic resources, including but not limited to

all fishes, aquatic plants, invertebrates, and all marine mammals, except

dugong.16

14 -- Sec. 5, R.A. No. 9072.15 -- Sec. 2, Republic Act 9147.16 -- Sec. 4, Republic Act 9147

Accordingly, it shall be unlawful for any person to willfully and knowingly

exploit wildlife resources and their habitats.17 No person or entity shall

be allowed possession of wildlife unless such person or entity can prove

financial and technical capability and facility to maintain said wildlife.18

Republic Act 7586, National Integrated Protected Areas System Act of 1992 (June 1, 1992)

This law is based on the policy of the State to secure for the

Filipino people of present and future generations the perpetual existence

of all native plants and animals through establishment of a

comprehensive system of integrated protected areas within the

classification of national parks as provided for in the Constitution. The

establishment of a National Integrated Protected Areas System (NIPAS)

shall encompass outstandingly remarkable areas and biologically

important public lands that are habitats of rare and endangered species

of plants and animals, biogeographic zones and related ecosystems,

whether terrestrial, wetland or marine, all of which shall be designated as

“protected areas.”19

The following categories of protected areas are hereby

established:

(a)Strict nature reserve;(b)Natural park;(c)Natural monument;(d)Wildlife sanctuary;(e)Protected landscapes and seascapes;(f) Resource Reserve;(g)Natural biotic areas;(h)Other categories established by law.20

17 -- Sec. 27, Republic Act 9147.18 -- Sec. 8, Republic Act 9147.19 -- Sec. 2, Republic Act 7586.20 -- Sec. 3, Republic Act 7586.

R.A. 8293, Intellectual Property Code of the Philippines.

The law is enacted to streamline administrative procedures of registering

patents, trademarks, and copyright, to liberalize the registration on the

transfer of technology, and to enhance the enforcement of intellectual

property rights in the Philippines.

The Law on Intellectual Property Rights is important in ensuring that the

rights of inventors of machines, equipment and gadgetry; authors of

published materials; composers of musical compositions; originators of

ideas, concepts, models, and systems; artists or designers of logos,

artwork, diagrams and designs are protected.

Presidential Decree No. 260 (August 1, 1973),

Under the law, the following has been declared National Shrines,

Monuments and Landmarks:

1. The Sta. Ana Site Museum in Manila;2. The Roman Catholic Churches of Paoay and Bacarra in Ilocos Norte;3. The San Agustin Church and Liturgical Objects therein in Intramuros, Manila;4. Fort Pilar in Zamboanga City; 5. The Petroglyphs of the Rockshelter in Angono, Rizal;6. The Petroglyphs of Alab, Bontoc;7. The Stone Agricultural Calendars of Dap-Ay Guiday in Besao, Bontoc;8. The Mummy Caves of Kabayan, Benguet, Sagada and Alab, Bontoc;9. The Ifugao Rice Terraces of Banaue as National Cultural Treasures; 10. The Barasoain Church in Malolos, Bulacan;11. Tirad Pass In Cervantes, Ilocos Sur;12. The Miagao Church in Miagao, Iloilo;13. The Site of The Battle of Mactan on Mactan Island, Cebu;14. The San Sebastian Church in Quiapo, Manila; and 15. The Church and Convent of Santo Niňo in Cebu City.

In this regard, it shall be unlawful for any person to modify, alter, repair

or destroy the original features of any national shrine, monument,

landmark and other important historic edifices declared and classified by

the National Historical Institute as such without the prior written

permission from the Chairman of said Institute.21 In addition, all

donations to the National Museum and archives of the National

Historical Institute (including the equivalent monetary value of works of

art, manuscript, books or other articles of cultural, historical or scientific

significance) are tax exempt and deductible from the taxable income of

the donor.22

IV. Synthesis

By conducting an inventory of pertinent legislative enactments and

constitutional provisions related to ICESCR, it can be deduced that the

Philippines have enacted numerous and various laws intended to

improve the economic, social and cultural rights of every individual.

However, this does not imply that there is full compliance of the ICESCR

because the challenge remains on how to make these laws sustainable

enough in the coming years to come.

Economic development remains to be low in the Philippines. That is why

good governance by public officials and proactive leadership by proper

government agencies are key to make these laws thrive and

sustainable.

21 -- Section 5, P.D. 260, as amended by PD 1505, June 11, 1978.22 -- Section 1, P.D. 373, January 9, 1974.

The Covenant on Economic, Social & Cultural Rights – The Philippines’ perspective

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