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Junilo Dan D. Bairan LAW 3A S.N.

2011107336

HUMAN RIGHTS

Protection of and Assistance to Family The Economic Covenant obliges State Parties to provide The widest possible protection, and assistance 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 responsible for the care and education of dependent children. (Art. 10, Sec. 1) Art. 15, Sec.1 (1987 Constitution) The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. Sec. 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. Concept of family Family is a group of persons united together by ties of marriage and blood. Group formed by the spouses and their children. Importance of the family to the State (1) A basic social institution. it is the family which provides the basic social unit of the State. -- as of 2011, there are more than 95 million Filipinos. 19 million families (5 per family) (a) It is the foundation of the nation (b) Ought to be the origin of change or reform in society because it is where all human values begin. If you cannot find these values in the family, you cannot expect to find them outside. (2) The communitys first socializing agency. it represents the most intimate of human relationship. (a) It is in the family that the child learns obedience, cooperation, mutual aid, respect for the rights of others, and kindred values (b) It is the most effective training grounds for good citizenship. It is where the importance of following rules and submitting to parental authority is highlighted. (3) A useful model for the practice of time-tested Filipino values by holders of public office to build a more responsible and honest government. if these values are practiced in the family, they are likely to be observed in the local communities. The Family as a Basic Social Institution. Art. 149. Family Code 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. -Marriage is of the utmost importance to civilization and social purposes.

In a petition filed by the wife to annul the marriage with her husband whom she alleged to be psychologically incapacitated to comply with his marital obligations with insufficient evidence of the husbands psychological incapacity. The Court reiterates the Constitutional policy of strengthening the family as a basic social institution as family is based on a policy that marriage is not a mere contract, but a social institution to which the state is vitally interested.

Religious Education and Instruction Art. 14, Sec. 3 (3) 1987 Constitution 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 elementary 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. Rationale. Optional religious instruction in public schools was decreed as a constitutional mandate not so much for the benefit and support of any particular sect or system of religion as for the development and up-building of the spiritual standards and moral values of public school children with the end in view of producing straight-thinking, morally upright, and God-fearing citizens of the nation. Right to High Standard of Physical and Mental Health Art. 12, Sec. 1 of the Economic Covenant, similar to the Constitutional provision, Art. 13, Sec.11 provides that the State must recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Duty of the State. It is the mandatory duty of the State to protect and promote the right to health of every Filipino by making quality and adequate health care available and accessible to everybody, especially the poor and the disadvantaged. -- adopt and integrated and comprehensive approach to health development, giving priority for the needs of the underprivileged sick. --RA 9439 makes it a crime to detain patients for reason of non-payment in part or in full, of hospital bills or medical expenses. --RA 7875 (Feb.14, 1995), the National Health Insurance Act of 1995, institutes a National Health Insurance Program for all Filipinos and establishes the Philippine Health Insurance Corporation. --RA 7305 (March 26, 1992), the Magna Carta of Public Health Workers. it aims to promote and improve the social and economic well-being of health workers, their living and working conditions and encourage them to join and remain in government service.