INTERNATIONAL HUMAN RIGHTS

I. Overview
A. Definition
B. Attributes
II. Three Generation of Rights
III. Sources
A. Universal Declaration of Human Rights
B. International Covenant on Civil and Political
Rights
C. International Covenant on Economic, Social
and Cultural Rights
IV. Salient Provisions (Rights and Freedoms
under the
International Bill of Rights)
 INTERNATIONAL HUMAN RIGHTS
V. Enforcement Mechanisms
A. Doctrine of State Responsibility
B. Enforcement Against Individuals
C. Enforcement Against States

VI. Human Rights Bodies

A. Charter-based Bodies
1. Human Rights Council
2. Office of the High Commissioner
 INTERNATIONAL HUMAN RIGHTS
VI. Human Rights Bodies

B. Treaty-based Bodies
1. Human Rights Committee (International
Covenant
on Civil and Political Rights)
2. Committee on Economic, Social and
Cultural Rights
(International Covenant on Economic,
Social and
Cultural Rights)
3. Other Committees
I. Definition

HUMAN RIGHTS

Human rights are rights which

necessarily spring from being a
member of the human species.
 Attributes:

1. Universal

2. Inherent

3. Equal
4. Inalienable
II. Generation of Rights

The term generation does not mean

that one set or group is more
important than the others. The term
generation refers to the succession of
period when societies and
governments began recognizing a set
of rights.
A. First Generation of Rights

B. Second Generation of Rights

C. Third Generation of Rights

III. Sources:
The International Bill of Rights
A. UNIVERSAL DECLARATIONS OF
HUMAN RIGHTS
The primary human rights
instrument, the UDHR, is not a
treaty;
it is a resolution, thus legally it has
the force and effect only of a
recommendation, which is
considered soft law, and which
traditionally would have lacked
III. Sources:
The International Bill of Rights
A. UNIVERSAL DECLARATIONS OF
HUMAN RIGHTS
Evolved into a general accepted
international law -the Philippines
was in the sixteen-member
commission (December 10, 1948)
Among the notable declarations found in the
Preamble of UDHR are:

(1)That human rights are inalienable rights of all

members of human family;

(2) The recognition of human rights is the

foundation of freedom,
justice, and peace in the world;

(3) The freedoms of speech and belief as well as the

freedom
from fear and want are the highest aspiration of
the common
people; and

(4) Rebellion against tyranny and oppression is

recognized as last
B. INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS

Entered into force on March 23, 1976

Consists of one preamble and 53

articles
Philippines signed it on December
19, 1966 but it was only ratified on
October 23, 1986
 INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
Entered into force on January 3, 1976
Consists of one preamble and 31 articles

Optional Protocol:
To receive and consider
communications from individuals and
groups claiming to be victims of any of
the rights set forth in ICESCR
C. INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS
ICCPR has two additional protocols:
(1)First Optional Protocol provides for
the jurisdiction of the Human Rights
Committee to receive and consider
communications from individual who claim
to be victims of HR violations set forth in
the ICCPR

(2)Second Optional Protocol abolition of

death penalty
 IV. Rights and Freedoms under the
International Bill of Rights
1. Equality in dignity and rights
UDHR: All human beings are born
free and equal in dignity and rights
(Article 1).

ICCPR: The States Parties to the

present Covenant undertake to ensure
the equal right of men and women to
the enjoyment of all civil and political
rights set forth in the present
 IV. Rights and Freedoms under the
International Bill of Rights
2. Right to life, liberty and security

UDHR: Everyone has the right to life,

liberty and security of person (Article 3).

ICCPR: Every human being has the

inherent right to life. This right shall be
protected by law. No one shall be
arbitrarily deprived of his life (Article 6).
Government of Hong Kong Special Administrative Region
vs. Hon. Felixberto Olalia
G.R. No. 153675 April 19, 2007
The modern trend in public international law is the
primacy placed on the worth of the individual
person and sanctity of human rights. The
Philippines, along with the other members of the family
of nations, committed to uphold the fundamental human
rights as well as value the worth and dignity of every
person. In other words, the Philippine authorities are
under obligation to make available to every person
under detention such remedies which safeguard their
fundamental right to liberty.
The right of a prospective extradite to apply for bail
must be viewed in the light of the various treaty
obligations of the Philippines concerning respect for the
promotion and protection of human rights. Under these
treaties, the presumption lies in favor of human liberty.
 IV. Rights and Freedoms under the
International Bill of Rights
3. Right against slavery (jus cogens)

UDHR: No one shall be held in slavery or

servitude; slavery and the slave trade shall
be prohibited in all their forms (Article 4).

ICCPR: No one shall be held in slavery;

slavery and the slave-trade in all their
forms shall be prohibited [Article 8 (1)].
 IV. Rights and Freedoms under the
International Bill of Rights
Jus cogens (compelling law; peremptory
norms)
- is a unique class of customary law that
occupy highest echelon in Human Rights
Law hierarchy. This group of fundamental
norms is superior to other sources of
international law and need not be agreed
upon by states in a treaty in order to form
part of their jurisprudence. They are
deemed inderogable as well.
 The elements of jus cogens are:

1. It is a peremptory norm of general international

law;
2. It is accepted and recognized by the
international community;
3. There can be no derogation therefrom; and
4. It can be modified only by a subsequent norm of
general international law having the same
character.

Among the universally-accepted norms are the

rights against slavery, genocide, acts of aggression,
and racial discrimination.
 IV. Rights and Freedoms under the
International Bill of Rights
4. Right against torture (jus cogens)

UDHR: No one shall be subjected to

torture or to cruel, inhuman or degrading
treatment or punishment (Article 5).

ICCPR: No one shall be subjected to

torture or to cruel, inhuman or degrading
treatment or punishment (Article 7).
What is Torture?
(1) any act by which severe pain or suffering, whether
physical or mental,
(2) is intentionally inflicted on a person
(3) for such purposes as
(a) obtaining from him or a third person information or a
confession,
(b) punishing him for an act he or a third person has
committed
or is suspected of having committed,
(c) or intimidating or coercing him or a third person, or
(d) for any reason based on discrimination of any kind,
(4) when such pain or suffering is inflicted by or at
instigation of or with
the consent or acquiescence of a public official or other
 IV. Rights and Freedoms under the
International Bill of Rights
Right to equal protection
Right to effective judicial remedy
Right to be presumed innocent
Right to privacy
Freedom of movement
Right to seek asylum
Right to a nationality
Right to marry and found a family
Right to property
Freedom of though, conscience and religion
Freedom to practice or manifest religious beliefs
Freedom of expression
Republic of the Philippines v Sandiganbayan
G.R. No. 104768 Juy 21, 2003
The search and seizure were conducted five days after the
EDSA Revolution and during this period, the government in
power was concededly a revolutionary government bound by
no constitution. The 1973 Constitution was rendered
inoperative by the revolution. Hence, there can be no violation
of the Bill of Rights.
HOWEVER, even during the interregnum, the Filipino people
continued to enjoy, under the ICCPR and UDHR, almost
the same rights found in the Bill of Rights of the 1973
Constitution. Since the Philippines is a signatory to the
ICCPR which states that no one shall be subjected to arbitrary
or unlawful interference with his privacy, family, home or
correspondence.
Also, the UDHR to which we are also a signatory provides in its
Article 17(2) that no one shall be arbitrarily deprived of his
property.
 IV. Rights and Freedoms under the
International Bill of Rights
Right to equal protection
Right to effective judicial remedy
Right to be presumed innocent
Right to privacy
Freedom of movement
Right to seek asylum
Right to a nationality
Right to marry and found a family
Right to property
Freedom of though, conscience and religion
Freedom to practice or manifest religious beliefs
Freedom of expression
 INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
has a reporting mechanism called the
Committee on Economic, Social and
Cultural Rights.
One optional protocol - provided for
the jurisdiction of the CESCR to
receive and consider communications
from individuals and groups claiming
to be victims of violations of any of
the rights set forth in the ICESCR.
V.ENFORCEMENT MECHANISMS

States and governments are the

guarantors and protectors of human
rights. As guarantor of human rights,
the State may be held accountable
when people are deprived of their
rights by its action or inaction.
 A. Doctrine of State Responsibility
International State Responsibility
Whenever a State ratifies a human rights
treaty, it commits itself not only to observe
the standards set forth in the treaty and see
to it that its agents do likewise, but also enact
domestic laws and regulations in order to hold
private individuals accountable
Derivative State Responsibility
Under International Law, a State may be held
liable for a human rights violation even if it did
not directly commit the act constituting the
violation, provided that it assisted in the
commission of the act or allowed it to happen.
Derivative responsibility is present where: (a)
the State aids assists in the commission by
another of the internationally wrongful act and,
(b) the State exercises direction and control
over the commission of the act.
 Enforcement against Individuals

1. Domestic Enforcement -RPC, NCC,

RAC
Enactment of local laws to protect or
guarantee human rights and to
punish human rights violators.
2. International Enforcement
-international courts
Resort to international, regional or
ad hoc courts and/or tribunals to
 Enforcement against States

1.Court Action -national, regional, or

international courts

2.Diplomatic means

3.Retorsion -unfriendly acts

4.Countermeasures -response by a state

5.Military Intervention
 VII. Human Rights Bodies
1.Human Rights Council
The Human Rights Council was created by the
United Nations General Assembly on 15 March
2006 by resolution 60/251. Its first session took
place from 19 to 30 June 2006..
Membership of the Human Rights Council

The Council is made of 47 Member States,

which are elected by the majority of
members of the General Assembly of the
United Nations through direct and secret
ballot. The General Assembly takes into
account the candidate States contribution
to the promotion and protection of human
rights, as well as their voluntary pledges
and commitments in this regard.
Membership of the Human Rights Council

The Councils Membership is based on equitable

geographical distribution. Seats are distributed as follows:

African States: 13 seats

Asia-Pacific States: 13 seats
Latin American and Caribbean States: 8 seats
Western European and other States: 7 seats
Eastern European States: 6 seats

Members of the Council serve for a period of three years

and are not eligible for immediate re-election after serving
two consecutive terms.
 Bureau of the Council

The Bureau of the Council consists

of five people - one President and
four Vice-presidents representing
the five regional groups. They serve
for a year, in accordance with the
Councils annual cycle.
 Current Officers (2016 Cycle)

President: ChoiKyong Lim (Korea)

Vice Presidents:
1. Ramn Alberto Morales QUIJANO (Panama)
2. Mr. Janis KARKLINS (Latvia)
3. Mr. NegashKebret BOTORA (Ethiopia)
4. Mr. Bertrand de CROMBRUGGHE (Belgium)
5. Mr. Geert MUYLLE (Belgium)
United Nations High Commissioner for
Human Rights
The High Commissioner for Human
Rights is the principal human rights
official of the United Nations.The High
Commissioner heads the Office of the
United Nations High Commissioner for
Human Rights (OHCHR).

Current High Commissioner for Human

Rights: ZeidRa'ad Al Hussein (Jordan)
 A. Universal Periodic Review
The Universal Periodic Review (UPR) is a
unique process which involves a review of the
human rights records of all UN Member
States. The UPR is a State-driven process,
under the auspices of the Human Rights
Council, which provides the opportunity for
each State to declare what actions they have
taken to improve the human rights situations
in their countries and to fulfil their human
rights obligations. As one of the main features
of the Council, the UPR is designed to ensure
equal treatment for every country when their
human rights situations are assessed.
 Can non-governmental organizations
(NGOs) participate in the UPR process?

Yes. NGOs can submit information which can be

added to the other stakeholders report which is
considered during the review. Information they
provide can be referred to by any of the States
taking part in the interactive discussion during
the review at the Working Group meeting. NGOs
can attend the UPR Working Group sessions and
can make statements at the regular session of
the Human Rights Council when the outcome of
the State reviews are considered.
 What human rights obligations are
addressed?

The UPR will assess the extent to which States

respect their human rights obligations set out
in: (1) the UN Charter; (2) the Universal
Declaration of Human Rights; (3) human rights
instruments to which the State is party (human
rights treaties ratified by the State concerned);
(4) voluntary pledges and commitments made
by the State (e.g. national human rights policies
and/or programmes implemented); and, (5)
applicable international humanitarian law.
 What human rights obligations are
addressed?

The UPR will assess the extent to which States

respect their human rights obligations set out
in: (1) the UN Charter; (2) the Universal
Declaration of Human Rights; (3) human rights
instruments to which the State is party (human
rights treaties ratified by the State concerned);
(4) voluntary pledges and commitments made
by the State (e.g. national human rights policies
and/or programmes implemented); and, (5)
applicable international humanitarian law.
 B. Complaint Procedure
The complaint procedure addresses
communications submitted by individuals,
groups, or non-governmental organizations
that claim to be victims of human rights
violations or that have direct, reliable
knowledge of such violations.
How does the complaint procedure work?

Two distinct working groups - the Working

Group on Communications and the Working
Group on Situations are responsible,
respectively, for examining written
communications and bringing consistent
patterns of gross and reliably attested
violations of human rights and fundamental
freedoms to the attention of the Council.
 C. Special Procedures

The special procedures of the Human

Rights Council are independent human rights
experts with mandates to report and advise
on human rights from a thematic or country-
specific perspective. The system of Special
Procedures is a central element of the United
Nations human rights machinery and covers
all human rights: civil, cultural, economic,
political, and social.
 Country Visits
At the invitation of States, mandate-
holders carry out country visits to analyse the
human rights situation at the national level.
Some countries have issued "standing
invitations" to the Special Procedures, which
means that they are prepared to receive a
visit from any thematic mandate-holder. As of
1 January 2015, 109 Member States and one
non-Member Observer State have extended a
standing invitation to thematic special
procedures. At the end of their visits, special
procedures' mandate-holders engage in
dialogue with the State on their findings and
 Communications

Most Special Procedures receive information

on specific allegations of human rights
violations and send communications (urgent
appeals and other letters) to States, and
occasionally to non-State actors, asking for
clarification and action. Mandate-holders may
send letters to States seeking information
about legal, policy or structural
developments, submitting observations, or
following-up on recommendations.
 Other activities
Either at the request of the Human Rights
Council or at the initiative of the mandate-
holders, special procedures prepare thematic
studies, develop human rights standards and
guidelines, participate in expert consultations,
seminars and conferences, organize panels
during the sessions of the Human Rights
Council, organize working visits, i.e. in-
country missions that are not fact-finding but
a mix between technical assistance,
mediation and the development of best
practices, and raise public awareness about
specific human rights situations and
D. Nongovernment Organizations and National
Human Rights Institutions (NGOs/NHRIs)

Non-governmental organizations (NGOs)

and national human rights institutions
(NHRIs) can be accredited to participate
in the Human Rights Councils sessions
as Observers. They can address the
Council during interactive discussions
and debates thus highlighting human
rights situations around the globe.
 2. Treaty-based bodies
There are ten human rights treaty bodies that
monitor implementation of the core
international human rights treaties:
6. Human Rights Committee (CCPR)
7. Committee on Economic, Social and Cultural
Rights (CESCR)
8. Committee on the Elimination of Racial
Discrimination (CERD)
9. Committee on the Elimination of
Discrimination against Women (CEDAW)
10.Committee against Torture (CAT)
 2. Treaty-based bodies
There are ten human rights treaty bodies that
monitor implementation of the core
international human rights treaties:
1. Subcommittee on Prevention of Torture
(SPT)
2. Committee on the Rights of the Child
(CRC)
3. Committee on Migrant Workers (CMW)
4. Committee on the Rights of Persons with
Disabilities (CRPD)
5. Committee on Enforced Disappearances
International Human Rights Committee

The Human Rights Committee is

the body of independent experts that
monitors implementation of the
International Covenant on Civil and
Political Rights by its State parties.
VII. The International Criminal Court
(ICC)
First, the crime of genocide is
characterized by the specific intent to destroy
in whole or in part a national, ethnic, racial or
religious group by killing its members or by
other means: causing serious bodily or mental
harm to members of the group; deliberately
inflicting on the group conditions of life
calculated to bring about its physical
destruction in whole or in part; imposing
measures intended to prevent births within
the group; or forcibly transferring children of
the group to another group.
VII. The International Criminal Court
(ICC)

Second, the ICC can prosecute crimes

against humanity, which are serious
violations committed as part of a large-scale
attack against any civilian population. The 15
forms of crimes against humanity listed in the
Rome Statute include offences such as
murder, rape, imprisonment, enforced
disappearances, enslavement particularly of
women and children, sexual slavery, torture,
apartheid and deportation.
 VII. The International Criminal Court
(ICC)

Third, war crimes which are grave

breaches of the Geneva conventions in the
context of armed conflict and include, for
instance, the use of child soldiers; the killing
or torture of persons such as civilians or
prisoners of war; intentionally directing
attacks against hospitals, historic
monuments, or buildings dedicated to
religion, education, art, science or charitable
purposes.
 VII. The International Criminal Court
(ICC)

Finally, the fourth crime falling within the

ICC's jurisdiction is the crime of aggression.
It is the use of armed force by a State against
the sovereignty, integrity or independence of
another State. The definition of this crime was
adopted through amending the Rome Statute
at the first Review Conference of the Statute
in Kampala, Uganda, in 2010. For these
amendments to enter into force, they must be
ratified by at least 30 States and then voted
upon by States Parties in 2017.