‘Marty P. Cachapero, Esq. NEW ERA UNIVERSITY COLLEGE OF LAW Instructor PUBLIC INTERNATIONAL LAW HUMAN RIGHTS I. International instruments on human rights: A. UN Charter Article 55 With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: a. higher standards of living, full employment, and conditions of economic and social progress and development; b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Article 56 ‘All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in. Article 55. > Article 55 lists the human tights which member states ‘pledge’ themselves to ‘promote’ under Article 56 B. Universal Declaration of Human Rights (UDHR) > Created by the now defunct UN Human Rights Commission > The UDHR list of key human rights, to wit: Civil and political rights: + all persons are born free and equal in dignity and sights (art.1) + all persons have the tight to life, liberty, and security (art.3) * no one shall be held in slavery of torture (arts-4-5) * all persons are entitled to equal protection under the law (arts.6-7) + there shall be no arbitrary arrest, detention, or exile (art.9) * all persons have the right to a fair trial (arts 10-11) + all persons have the tight of privacy (art.12) each person has a right to a nationality, to freedom of movement and residence in his or her state, to leave and return to his or her state, and to seek asylum elsewhere (ar. 13-15) + all persons have a right to marry and have a family (art. 16) * all persons have a right to own property (art.17) + all persons have a tight to freedom of thought, conscience, religion, and assembly (arts, 18-20) ‘each person has a right to participate in the government of his country (art21) Economic, social and cultural rights: * each person has a tight to social security, employment, rest and leisure, education, and a standard of living adequate for his or her health and well-being (arts22-26) these rights are to be held without discrimination of any kind (art2) 43Marty P. Cachapero, Esq. NEW ERA UNIVERSITY COLLEGE OF LAW Instructor PUBLIC INTERNATIONAL LAW Tesources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.” > The caveats are an indication of the recognition of the inability of states to completely adhere to the sights provided in the covenant because of the corresponding cost for the government to comply with every right under the covenant, which the government may or ‘may not be able to meet. Monitoring functions are assigned to the ECOSOC but delegated to the Committee on Economic, Social and Cultural Rights (CESCR), to which reports from each state regarding the implementation of the covenant are submitted Has an Optional Protocol to the Covenant which provides the Committee competence to receive and consider petitions by individuals v v7) * The UDHR, ICCPR, and ICESCR are collectively referred to as the “INTERNATIONAL BILL OF HUMAN RIGHTS” D. Other Key Human Rights Treaties: 1. Convention Against Genocide > Parties: 142, including the Philippines > Adopted by the General Assembly in 1948 and took effect in 1951 ® Genocide ~ certain acts such as killings, injuring, or forcibly transferring persons, “vith intent to destroy, in whole or in part, a national, ethnical, racial or religious groups,” and applies to persons whether they are rulers ot private individuals. 2. ‘The Convention on the Elimination of All Forms of Racial Discrimination (CERD) > Parties: 175 including the Philippines > Adopted by the General Assembly in 1966 and took effect in 1969 > Racial Discrimination is defined as any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the Purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. 3. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) > Parties: 187, including the Philippines > Adopted by the General Assembly in 1979 and entered into force in 1981. > Discrimination Against Women is defined as any distinction, exclusion, ot restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. 4, ‘The Convention on the Rights of the Child > Only the US and Somalia did not ratify the Convention. > Adopted by the General Assembly in 1989 and entered into force in 1990 > The Convention calls for the parties to accord to human beings under 18 years of age variety of rights, including: * sight to life 45Marty P. Cachapero, Esq. NEW ERA UNIVERSITY COLLEGE OF LAW Instructor PUBLIC INTERNATIONAL LAW ‘+ right toa name from birth + sight to acquire a nationality * right not to be separated from parents against one’s will + right to express one’s view freely * right to freedom of association * sight to privacy ‘+ right to access to information > The General Assembly in 2000 adopted two Optional Protocol — first on the Involvement of Children in Armed Conflict, and second on the Sale of Children, Child Prostitution and Child Pornography. 5. The Torture Convention > Parties: 149, including the Philippines > Adopted by the General Assembly in 1984 and entered into force in 1987. > Torture is defined as any act by which severe pain or suffering, whether physical or ‘mental, is intentionally inflicted on a person for such purposes as obtaining from him or a thied person information or confession, punishing him for an act he or a third person has committed..., or intimidating or coercing him or a thied person. when such pain or suffering or suffering is inflicted by ot at the instigation of. public official. ‘The convention requires all parties to prevent acts of torture in territory under its jurisdiction, and precludes parties from extraditing a person to another state where there are substantial grounds for believing the person would be tortured. ‘There is an Optional protocol to the Convention, which establishes a system for regular visits by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment ot punishment. 6. The Refugee Convention > Non-refoulement provision (Art. 33) — refugees cannot be sent back to the place or situation which they fled from. This principle has attained the status of a customary international and countries, whether a member of the convention or not, are bound by it. > Determination of who qualifies as a refugee belongs to the state v ¥ IL. Global Human Rights In: ions: A. Human Rights Committees: + Human Rights Committee * Committee on Economic, Social and Cultural Rights ‘+ Committee on the Elimination of Racial Discrimination + Committee on the Elimination of Discrimination Against Women. + Committee on Torture ‘+ Subcommittee on Prevention of Torture + Committee on the Rights of the Child * Committee on Migrant Workers * Committee on the Rights of Persons with Disabilities 46