International Human Rights Law

Universal Declaration of Human Rights | International Human Rights Law | PUBLIC INTERNATIONAL LAW

Universal Declaration of Human Rights (UDHR): A Comprehensive Overview

The Universal Declaration of Human Rights (UDHR) is a foundational document in international human rights law, adopted by the United Nations General Assembly on December 10, 1948. It represents the first global expression of rights to which all human beings are inherently entitled. The document is not a binding treaty, but it has greatly influenced the development of international human rights law and has become a standard for governments and human rights organizations worldwide.

1. Historical Context and Significance

The UDHR was created in the aftermath of World War II, largely as a response to the atrocities committed during the war, particularly the Holocaust. Its adoption marked a significant moment in international law, reflecting the global desire for a framework that could ensure the protection of human rights, peace, and security.

The drafting process involved representatives from different legal traditions and cultures, ensuring that the Declaration had universal appeal. Eleanor Roosevelt, chair of the drafting committee, played a crucial role in its formulation. The UDHR was adopted by 48 countries with no votes against and 8 abstentions (including the Soviet bloc, South Africa, and Saudi Arabia).

2. Legal Status of the UDHR

While the UDHR itself is not legally binding, it has had a profound influence on the development of international and domestic human rights law. It has inspired more than 70 human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which together with the UDHR form the International Bill of Human Rights.

The Declaration is often cited as customary international law, meaning that many of its provisions are considered binding on all states, even if they have not ratified specific treaties. Courts, including the Philippine Supreme Court, have also used the UDHR as a reference in interpreting constitutional rights.

3. Structure and Key Principles

The UDHR is comprised of a Preamble and 30 Articles, setting out civil, political, economic, social, and cultural rights to which all people are entitled.

a. Preamble

The Preamble sets the tone for the Declaration, affirming the inherent dignity and equal and inalienable rights of all members of the human family as the foundation of freedom, justice, and peace in the world. It also emphasizes that human rights should be protected by the rule of law, and that it is essential to promote the development of friendly relations between nations.

b. Articles 1 and 2: Core Principles of Human Rights
  • Article 1: "All human beings are born free and equal in dignity and rights." This article establishes the foundational principle of equality and non-discrimination. All individuals are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
  • Article 2: This guarantees that all people are entitled to the rights and freedoms set forth in the UDHR, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.
c. Civil and Political Rights
  • Articles 3-21 detail the civil and political rights of individuals:
    • Right to life, liberty, and security (Article 3)
    • Prohibition of slavery and servitude (Article 4)
    • Prohibition of torture and inhuman treatment (Article 5)
    • Right to recognition as a person before the law (Article 6)
    • Right to equality before the law and equal protection of the law (Articles 7-8)
    • Right to an effective remedy for violations of rights (Article 8)
    • Protection from arbitrary arrest, detention, or exile (Article 9)
    • Right to a fair and public hearing (Article 10)
    • Presumption of innocence and protection against retroactive criminal laws (Article 11)
    • Right to privacy (Article 12)
    • Freedom of movement and residence (Article 13)
    • Right to seek asylum (Article 14)
    • Right to nationality (Article 15)
    • Right to marry and found a family (Article 16)
    • Right to own property (Article 17)
    • Freedom of thought, conscience, and religion (Article 18)
    • Freedom of opinion and expression (Article 19)
    • Right to peaceful assembly and association (Article 20)
    • Right to take part in government and in free elections (Article 21)
d. Economic, Social, and Cultural Rights
  • Articles 22-27 enumerate economic, social, and cultural rights, which are fundamental for a life of dignity:
    • Right to social security (Article 22)
    • Right to work, free choice of employment, just and favorable conditions of work, and protection against unemployment (Article 23)
    • Right to rest and leisure (Article 24)
    • Right to an adequate standard of living (Article 25)
    • Right to education (Article 26)
    • Right to participate in the cultural life of the community (Article 27)
e. Articles 28-30: Solidarity Rights
  • These articles stress the importance of a social and international order in which rights can be fully realized:
    • Article 28: Right to a social and international order that allows for the realization of rights.
    • Article 29: Emphasizes that individuals have duties to the community and that rights may be subject to limitations aimed at securing respect for the rights of others and meeting the requirements of morality, public order, and general welfare.
    • Article 30: States that nothing in the UDHR can be interpreted as giving any state, group, or person the right to engage in activities aimed at the destruction of the rights and freedoms set forth in the Declaration.

4. Impact and Influence

The UDHR has profoundly impacted national constitutions and international treaties. Many countries, including the Philippines, have incorporated principles of the UDHR into their domestic legal frameworks. In the Philippines, for example, Article II, Section 11 of the 1987 Constitution affirms that "the State values the dignity of every human person and guarantees full respect for human rights," reflecting UDHR principles.

It has also shaped the creation of numerous international treaties such as:

  • The International Covenant on Civil and Political Rights (ICCPR) (1966) and its Optional Protocols
  • The International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966)
  • The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979)
  • The Convention on the Rights of the Child (CRC) (1989)

These treaties have specific mechanisms for monitoring state compliance, unlike the UDHR, which is largely aspirational.

5. Application in Philippine Law

In the Philippines, international treaties and customary international law, including the principles of the UDHR, influence domestic law. Section 2, Article II of the Philippine Constitution declares that the Philippines adopts the generally accepted principles of international law as part of the law of the land. As such, courts often invoke the UDHR when interpreting fundamental rights enshrined in the Constitution.

Philippine jurisprudence has also affirmed the relevance of the UDHR in various cases. In Mejoff v. Director of Prisons (1949), the Supreme Court acknowledged that the right to due process in deportation cases must conform with the norms established under the UDHR. Similarly, in Rubrico v. Macapagal-Arroyo (2007), the Court invoked the UDHR's provisions on human rights when addressing cases involving enforced disappearances and extrajudicial killings.

6. Challenges and Criticisms

While the UDHR is universally acknowledged as a monumental achievement, it is not without criticisms. Some argue that the Declaration reflects primarily Western values, particularly in its emphasis on individual rights over collective rights. Others point out that the lack of enforcement mechanisms makes the UDHR more of a moral guideline than a legally binding document.

Despite these critiques, the UDHR continues to serve as the cornerstone of international human rights law, guiding the work of the United Nations and inspiring legal frameworks around the world.

Conclusion

The Universal Declaration of Human Rights is one of the most influential documents in the history of international law. It serves as a blueprint for the promotion and protection of human dignity, shaping both international human rights instruments and domestic legal systems, including that of the Philippines. Although not legally binding, its principles have attained the status of customary international law and continue to influence global and local human rights jurisprudence.

International Covenant on Civil and Political Rights | International Human Rights Law | PUBLIC INTERNATIONAL LAW

The International Covenant on Civil and Political Rights (ICCPR) is one of the cornerstone treaties in international human rights law. Adopted by the United Nations General Assembly in 1966 and entered into force in 1976, the ICCPR obligates state parties to respect and ensure a broad range of civil and political rights to all individuals within their territory and subject to their jurisdiction. The ICCPR is legally binding on the states that have ratified it, and as of 2023, more than 170 countries have acceded to the Covenant, including the Philippines, which ratified the ICCPR on October 23, 1986.

Key Provisions and Principles of the ICCPR

1. Civil and Political Rights Protected Under the ICCPR

The ICCPR guarantees a wide array of civil and political rights, including:

  • Right to Life (Article 6): The ICCPR asserts the inherent right to life, and state parties are obligated to protect this right by law. This provision prohibits arbitrary deprivation of life and addresses issues like the death penalty, stating that it should only be applied in the most serious cases and subject to due process.

  • Prohibition of Torture (Article 7): The Covenant prohibits torture, cruel, inhuman, or degrading treatment or punishment. This is a non-derogable right, meaning it cannot be suspended, even in times of emergency.

  • Right to Liberty and Security of Person (Article 9): Individuals have the right not to be arbitrarily arrested or detained. It provides for protection against unlawful detention, the right to challenge the legality of detention, and the right to compensation for unlawful arrest or detention.

  • Right to a Fair Trial (Article 14): It ensures that all individuals are entitled to a fair and public hearing by an independent and impartial tribunal. This right includes the presumption of innocence, the right to legal representation, and the right to be tried without undue delay.

  • Freedom of Thought, Conscience, and Religion (Article 18): It guarantees the freedom to have or adopt a religion or belief of one’s choice, including the freedom to manifest one’s religion or beliefs in practice, worship, and observance.

  • Freedom of Expression (Article 19): This article protects the right to hold opinions without interference and to seek, receive, and impart information and ideas of all kinds, subject only to certain restrictions necessary for respect of the rights of others or for the protection of national security, public order, health, or morals.

  • Freedom of Assembly (Article 21): The right of peaceful assembly is recognized, with restrictions only allowed if they are provided by law and are necessary for the protection of national security, public safety, public order, public health, or morals, or the rights and freedoms of others.

  • Rights of Minorities (Article 27): Persons belonging to ethnic, religious, or linguistic minorities are entitled to enjoy their own culture, profess and practice their religion, or use their own language in community with the other members of their group.

2. The Principle of Non-Discrimination

Article 2 of the ICCPR requires states to respect and ensure the rights recognized in the Covenant without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. This principle of non-discrimination is foundational to international human rights law and is echoed in other international instruments, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).

3. Derogations and Limitations

Under Article 4 of the ICCPR, in times of public emergency that threaten the life of the nation, state parties may take measures derogating from their obligations under the Covenant to the extent strictly required by the exigencies of the situation, provided such measures are not inconsistent with other obligations under international law and do not involve discrimination. However, certain rights, including the right to life, freedom from torture, freedom from slavery, and the right to recognition before the law, are non-derogable and cannot be suspended under any circumstances.

4. Enforcement Mechanisms and Monitoring: Human Rights Committee

The ICCPR establishes the Human Rights Committee, an independent body of 18 experts tasked with monitoring the implementation of the ICCPR by its state parties. State parties are required to submit periodic reports to the Human Rights Committee on how the rights are being implemented.

  • State Reporting: Under Article 40, state parties must submit reports initially one year after ratifying the Covenant and then periodically as requested by the Committee. The Committee reviews these reports and issues "Concluding Observations," which provide guidance on compliance and recommendations for improvement.

  • Individual Complaints (Optional Protocol 1): The First Optional Protocol to the ICCPR, which the Philippines has also ratified, allows individuals to submit complaints to the Human Rights Committee alleging violations of the rights recognized in the Covenant. This mechanism provides a quasi-judicial process where individuals can seek redress for violations of their civil and political rights.

  • General Comments: The Human Rights Committee issues General Comments that interpret and clarify specific provisions of the ICCPR, providing authoritative guidance on how the Covenant should be applied.

5. ICCPR and the Philippines

As a state party to the ICCPR, the Philippines is legally obligated to ensure that its domestic laws and practices are in line with the Covenant’s provisions. The ICCPR’s rights are reflected in the 1987 Philippine Constitution, which guarantees civil and political rights similar to those in the ICCPR, such as:

  • The right to life (Article III, Section 1),
  • The prohibition against torture (Article III, Section 12),
  • The right to liberty and security of person (Article III, Section 1),
  • The right to a fair trial (Article III, Section 14),
  • Freedom of religion (Article III, Section 5),
  • Freedom of expression (Article III, Section 4),
  • Freedom of assembly (Article III, Section 8).

In compliance with its reporting obligations under the ICCPR, the Philippines submits periodic reports to the Human Rights Committee. The country has also faced international scrutiny under the individual complaints procedure of the First Optional Protocol, particularly concerning issues such as extrajudicial killings, enforced disappearances, and the treatment of political prisoners.

6. Challenges and Criticisms

Although the ICCPR is a robust instrument for protecting civil and political rights, its effectiveness relies largely on state compliance, as it lacks a binding enforcement mechanism comparable to a court. The Human Rights Committee can issue recommendations but cannot compel states to take specific actions. Moreover, some states have expressed reservations or interpretative declarations regarding certain provisions of the ICCPR, which can limit the scope of its application.

Conclusion

The International Covenant on Civil and Political Rights is a critical instrument in the protection and promotion of human rights globally. It provides a comprehensive framework for the safeguarding of civil and political freedoms and imposes binding obligations on state parties. For the Philippines, its ratification and continued compliance with the ICCPR reflect the country’s commitment to upholding international human rights standards, even as it faces significant challenges in areas such as extrajudicial killings, freedom of expression, and protection of minority rights. The ICCPR remains a vital tool for advocates and individuals in the Philippines and around the world to hold governments accountable for violations of civil and political rights.

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