Social Justice and Human rights

what is [SEC 1, ART XIII]

[SEC 1, ART XIII] Social Justice and Human Rights. ( explains the concept of social justice)

explain the Concept of social justice

The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

Differntiate how Social Justice is manifested with the Congress vs the State

• Congress: give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity…

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

what is [SEC 2, ART XIII]

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

Social Justice is neither… (3)

• "neither communism; can exist in other political systems

• nor despotism; it is NOT (opressive) absolute rule

• nor atomism; it is NOT individualistic

• nor anarchy; it does NOT reject governance

What is the concept of social justice

humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.

What does social justice mean

Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society,

How are adoption of Government of measures calculated to insure economic stability of all the competent elements of society maintained?

through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.

• the principle of salus populi est suprema lex can be invoked extra constitutionally —> the welfare of the people can be considred justification for actions taken outside the bounds of the authority of the constitution

the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of TWO MEASURES, what are they ?

1. legally justifiable ( as provided by law)

2. extra- constitutionally ( actions taken outside the bounds of the authority of the constitution)

what is the principle of salus populi est suprema lex, and why is it important to governance and law ?

latin maxim for “the welfare of the people is the supreme law”

• all laws, government actions, and decisions should prioritize the well-being, safety, and interests of the public above all else. It's a guiding principle in both law and governance.

The CHR is not a ___ albeit it is a ___.

1. Commission on Human Rights (CHR) is not a constitutional commission albeit it is a constitutional creation.

composition of this comission, and its requirements.

• 1 chairman

• 4 members

: must be a natural born citizen of the Philippines

: majority of whom shall be members of the Bar.( licensed to practice law)

what is [SEC 17(2), ART XIII]

The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.

powers and functions of the CHR

1. Power to investigate ( own or on complaint)

2. adopt operational guidelines and rules of procedure and cite in contempt ( in accordance to the rules of court)

3. provide legal measures … for ppl within PH and those abroad; providing preventive measures and legal aid services

4. visitorial powers

5. establish continuing programs

6. recommend to congress effective measures to promote HR and provide for compensation to victims

7. Monitor PH gov for their compliance w/ international treaty obligations( human rights)

8. Grant immunity from prosecutions to persons whos evidence is neceassry to determine truth of the investigation

9. request assitance of any department

10. appoint own officers and employees

11. other duties and functions as provided by law

CHR limitations

NO AJUDICATION POWERS

explain what it means for the CHR to have NO AJUDICATION POWERS

1. CHR is granted power to investige all forms of human rights violations involving civil and political rights

2. HOWEVER it cannot try or decide on cases like judicial or quasi judicial bodies can do. To investigate is not to adjudicate or adjudge.

what is adjudicate and adjudge

1. adjudicate: formal judgement

2. adjudge: declare something legally

civil rights vs political rights

• civil rights = protects freedoms and equality

• political rights = allows participation in government