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Freedom of Movement
Article 12(1) and 2 Right to travel Article 13 The right of aliens not to
within the country, right to leave, right be expelled without due process from
to change ones residence. a territory.
In the end, the decision to divide, Article 2 of the Covenant on Civil and
which would at least assure approval Political Rights.
of a document on civil and political
rights, prevailed. But significantly, Some provisions of the Covenants are
Article 1 of both Covenants say self-executing in nature and are
exactly the same thing about the right therefore, part of domestic law. For the
of self-determination of people. rest, they may become part of the law
Moreover, there are substantial of the land by legislative or executive
overlappings on other subjects of the measures.
Covenants. Article 2 of the CESC.
RIGHTS SPECIFIC TO THE COVENANT principle of progressive realization -
ON ECONOMIC .. that a state is obligated to undertake a
he rights specific to the Covenant on program of activities . . . and to realize
Economic, Social and Cultural Rights those rights which are recognized by
are social welfare rights stated in the Economic Covenant.
detail. They include: the right to work
(Article 6), to favorable conditions of Other Conventions on Human
work (Article 7), to form free trade Rights.
unions (Articles 8), to social security
and insurance (Article 9), to special
assistance for families (Article 10), to
- 1948 Genocide Convention,
adequate standard of living (Article - the 1966 Convention on the
11), to the highest standard of Elimination of All Forms of
physical and mental health (Article Racial Discrimination
12), to education including compulsory - the 1979 Convention on the
primary education (Articles 13 and Elimination of All Forms of
14), and to the enjoyment of cultural Discrimination Against Women
and scientific benefits and - the 1984 Convention Against
international contacts (Article 15) Torture and Other Cruel,
Inhuman, or Degrading
The Duty to Implement. Treatment or Punishment,
- the 1989 Convention on the
Philippines is a party to
Rights of the Child, and
- Universal Declaration of Human
- the 1990 Convention on
Rights, 2 covenants, United Nations
Migrants Workers.
Charter
Customary human rights law
Therefore it has an obligation to -
bring [its] laws and practices into It can also be said that some human
accord with the accepted international rights principles have become
obligations and not to introduce new customary law in the light of state
practice. This would include the The goal of the court, moreover, is to
prohibition of torture, genocide, demand individual and not collective
slavery and the prohibition of accountability.
discrimination
the principle of complementarity -
International Implementation of The court is meant to be a court of last
Human Rights Law. resort. It normally must await referral
of a crime either by a state party or by
The International Criminal Court the Security Council. The court is not
What is the significance of the allowed to act when the local judicial
establishment of the International system is able and willing to
Criminal Court? prosecute. Once a state has taken the
initiative to investigate a crime, even
Unlike the temporary tribunals which if it ultimately decides that there is no
were plagued with allegations that reason to proceed, the international
proceedings were politically court cannot intervene. The
motivated, the new court has been international court is not intended to
established without any specific supplant the functioning of military
country in mind. It helps facilitate and civilian tribunals in national
reconciliation by avoiding judicial systems. However, if a state
condemnation of entire societies intentionally tries to avoid its
international obligation by shielding a
criminal from responsibility, the court
may come in