International Human Rights Law | PUBLIC INTERNATIONAL LAW

PUBLIC INTERNATIONAL LAW
XVI. International Human Rights Law

International Human Rights Law (IHRL) consists of a body of international treaties, customary international law, and other instruments designed to protect and promote human rights at the international level. It aims to hold states and non-state actors accountable for respecting and ensuring the human rights of individuals.

This framework is essential in public international law as it sets standards and norms for human dignity and equality, guiding both state behavior and national legal systems in promoting these values.

A. Historical Background

  1. Origins

    • The concept of human rights as international obligations emerged post-World War II, following atrocities such as the Holocaust and other war crimes.
    • The creation of the United Nations (UN) in 1945 marked a turning point, embedding human rights in the global agenda.
    • In 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly, laying down fundamental human rights principles.

  2. Treaty Development

    • International human rights obligations became formalized through treaties such as:
      • International Covenant on Civil and Political Rights (ICCPR) (1966)
      • International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966)

  3. Customary International Law

    • Certain human rights have evolved into customary international law, binding even non-signatory states to basic norms, such as prohibitions on genocide, torture, slavery, and racial discrimination.

B. Sources of International Human Rights Law

  1. Treaties
    Treaties are the principal sources of IHRL, requiring state parties to adhere to the obligations they undertake. Some of the most significant treaties include:

    • UDHR: Although non-binding, the UDHR is a cornerstone document, guiding human rights standards globally.
    • ICCPR: Focuses on civil and political rights such as the right to life, freedom of expression, and a fair trial.
    • ICESCR: Protects economic, social, and cultural rights like the right to education, health, and work.
    • Convention Against Torture (CAT): Prohibits torture and other forms of cruel, inhuman, or degrading treatment.
    • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Focuses on women's rights and gender equality.
    • Convention on the Rights of the Child (CRC): Protects the rights of children.
    • International Convention on the Elimination of All Forms of Racial Discrimination (ICERD): Prohibits racial discrimination.

  2. Customary International Law
    Customary international law arises from general and consistent state practice accepted as law. Key customary norms in human rights include:

    • Prohibition of genocide
    • Prohibition of torture
    • Slavery and the slave trade
    • Racial discrimination

  3. General Principles of Law
    General principles recognized by civilized nations also contribute to IHRL, such as fairness, due process, and justice.

  4. Subsidiary Sources
    Judicial decisions (e.g., International Court of Justice (ICJ), European Court of Human Rights (ECHR)) and writings of scholars provide interpretation and clarification of human rights norms.

C. Key Principles and Norms in International Human Rights Law

  1. Universality

    • Human rights are universal, meaning they apply to all people, regardless of nationality, race, sex, religion, or any other status.
    • This principle is enshrined in the UDHR and reaffirmed by numerous treaties.

  2. Indivisibility and Interdependence

    • Civil, political, economic, social, and cultural rights are indivisible and interdependent. The violation of one right affects the enjoyment of others.

  3. Non-Discrimination

    • A core tenet of IHRL is that all rights are guaranteed without discrimination. This principle is embedded in major instruments like the ICCPR, ICESCR, and ICERD.

  4. Equality before the Law

    • Equal protection of the law is fundamental, ensuring no individual or group is above the law or excluded from its protection.

  5. State Obligations

    • States have the primary responsibility to respect, protect, and fulfill human rights.
      • Respect: Refrain from interfering with or curtailing the enjoyment of human rights.
      • Protect: Protect individuals and groups from human rights abuses.
      • Fulfill: Take positive action to facilitate the enjoyment of basic human rights.

  6. Derogation and Limitation

    • While human rights are universal, certain rights can be limited or derogated under specific circumstances, such as in times of emergency. However, some rights, like the right to life and freedom from torture, are non-derogable.

D. International Enforcement Mechanisms

  1. United Nations System
    The UN plays a critical role in monitoring and enforcing international human rights norms. Its system includes:

    • UN Human Rights Council (UNHRC): An intergovernmental body responsible for strengthening human rights and addressing violations.
    • Office of the High Commissioner for Human Rights (OHCHR): Leads UN efforts to promote and protect human rights globally.
    • Treaty Monitoring Bodies: Independent expert bodies monitor the implementation of core human rights treaties. Examples include the Human Rights Committee (ICCPR) and the Committee on the Elimination of Racial Discrimination (ICERD).

  2. Regional Human Rights Systems
    Regional human rights systems operate in Africa, Europe, and the Americas to enforce human rights within specific geographical areas. Notable systems include:

    • European Court of Human Rights (ECHR): Oversees the implementation of the European Convention on Human Rights.
    • Inter-American Court of Human Rights (IACHR): Monitors compliance with the American Convention on Human Rights.
    • African Commission and Court on Human and Peoples' Rights: Enforces the African Charter on Human and Peoples' Rights.

  3. International Criminal Law and Human Rights
    Violations of human rights that constitute serious crimes (e.g., genocide, crimes against humanity, war crimes) fall under international criminal law, particularly under the jurisdiction of the International Criminal Court (ICC).

  4. Domestic Implementation
    States are obligated to domesticate international human rights treaties and norms into their legal systems. National courts often apply international human rights law, either directly or through enabling legislation.

E. Philippines and International Human Rights Law

  1. Treaty Ratification

    • The Philippines has ratified several key international human rights treaties, including:
      • ICCPR
      • ICESCR
      • CEDAW
      • CAT
      • CRC

  2. Domestic Legal Framework

    • 1987 Philippine Constitution: Provides for the incorporation of generally accepted principles of international law into the law of the land (Article II, Section 2).
    • Domestic laws such as the Anti-Torture Act of 2009 (RA 9745) and the Magna Carta of Women (RA 9710) implement treaty obligations.
    • The Philippine Commission on Human Rights (CHR) is mandated to investigate human rights violations and ensure compliance with human rights standards.

  3. Challenges and Criticisms

    • Despite ratification, the Philippines faces significant challenges in human rights protection, including issues related to extrajudicial killings, freedom of the press, and the rights of indigenous peoples.
    • The country has been under scrutiny for its human rights record, particularly in relation to the "war on drugs" and alleged human rights abuses by security forces.

F. Emerging Trends and Contemporary Issues

  1. Digital Rights

    • The expansion of the digital space raises new challenges, such as privacy concerns, internet access, and the regulation of online hate speech and disinformation.

  2. Climate Justice and Human Rights

    • The impact of climate change on human rights is a growing issue, especially in vulnerable states like the Philippines, which face severe climate-related risks.

  3. Rights of Refugees and Migrants

    • With increasing global displacement, the rights of refugees and migrants are at the forefront of international human rights concerns. The Philippines, as a sending state for migrant workers, is actively engaged in this issue.

Conclusion

International Human Rights Law is a comprehensive system that seeks to protect individuals from abuses by states and non-state actors. It operates through a complex network of treaties, customary international law, and international and regional institutions. The Philippines, as part of the international community, is bound by its treaty obligations and international legal standards, though it faces ongoing challenges in fully realizing these rights domestically.

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