Id. at para. 167.
Ultimately, the IACtHR concluded that Paraguay violated “Article 4(1) [right to life] of
the American Convention, in combination with Article 1(1) of that same Convention, to
the detriment of the members of the Yakye Axa Community, for not taking measures
regarding the conditions that affected their possibility of having a decent life.” Id. at para
176.
During the drafting a new General Comment about the right to life, the HRC received
submissions from several States and organizations concerning the content and
interpretation of this right. One of these submissions is a joint report from several
internationally-recognized human rights coalitions. See International Network for
Economic, Social and Cultural Rights (ESCR-Net), Social Rights Advocacy Centre, and
The Global Initiative for Economic, Social and Cultural Rights, Recognizing the
Interdependence and Indivisibility of the Right to Life with ESC Rights (June 12, 2015)
(available at http://globalinitiative-escr.org/wp-content/uploads/2015/06/ESCR-NetSRAC-GI-on-Article-6.pdf). This report explains how the HRC and domestic courts from
different countries have all found that economic, social and cultural rights – such as the
rights to health, housing and food – are also protected by the right to life. We encourage
the Commission to read the full report as it provides a concise and updated explanation of
this issue. For example, the report states:
Many other courts around the world have similarly recognized that protections of
the right to life invariably overlap with protections of ESC rights. The Colombian
Constitutional Court linked the protection of the right to health to the right to life
in a series of decisions which have led to important systemic changes to the health
care system in order to meet the needs of IDPs. Other courts around the world,
including Argentina, Brazil, Bangladesh, Pakistan, Colombia, the United
Kingdom, Mexico, Ecuador, El Salvador, Venezuela, Kenya, and South Africa
have recognized that the right to life is inseparable from the right to access health
care and other ESC rights.
Id. at p. 8. Accordingly, it should be clear that the right to life protected under the
Philippines Constitution also protects many of the other rights raised in the petition in
including economic, social, and cultural rights.
C. The Paris Principles advocate for national human rights institutions such as the
Commission to have broad jurisdiction.
As noted elsewhere in these materials, the Constitution of the Republic of the Philippines
grants the Commission power to investigate all forms of human rights violations
involving civil and political rights, to provide appropriate legal measures for the
protection of human rights of all persons within the Philippines, as well as Filipinos
residing abroad, and to recommend to the Congress effective measures to promote human
rights and to provide for compensation to victims of violations of human rights, or their
families. Constitution, Art. XIII, Sec. 18.
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