Bernas Public International Law – INTERNATIONAL HUMAN RIGHTS LAW Part 2

CHAPTER 12: INTERNATIONAL HUMAN RIGHTS LAW Part 2

5. Thought, Conscience, Religion, Expression and Political Freedoms

• This includes the explicit protection of the Right of Parents in the matter of Religion for their children
• Covenant prohibits ―propaganda for war‖

6. Associations and Unions

• Covenant is silent about the right of government employees to form unions which is explicit in our Constitution

7. Minorities

• This guarantees ―ethnic, religious or linguistic minorities‖
• This is one of the few rights which was already the subject of earlier treaties (Treaty of Versailles and Polish-German Upper Silesia Treaty)
• 2-fold aspect for the concern for minorities:

1. Fear of a secessionist movement by minorities

2. Genuine concern for the human rights of minorities and the desire to flourish

8. Self-determination of Peoples

• This covers 2 important rights:

a. Right to freely determine their political status and freely to pursue their economic, social and cultural development

b. Right for their own ends, to freely dispose of the natural wealth and resources without prejudice to any obligation arising out of international cooperation

• Peoples – include those ruled by colonial powers; those who form a component part of a multi-national state
• 2 aspects of Self-Determination:

a. Internal – this is the 2 important rights

b. External – belongs to colonies and to those non-self governing and Trust Territories

OPTIONAL PROTOCOL ON THE COVENANT ON CIVIL AND POLITICAL RIGHTS

• This treaty is designed to enable private parties who are victims of human rights violations
• Complaints may be filed only against States who have ratified the Protocol

THE COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

• The rights specific to this are social welfare rights

a. Right to work

b. Right to favorable conditions of work

c. Right to form free trade unions

d. Right to social security and insurance

e. Right to special assistance for families

f. Right to adequate standard of living

g. Right to the highest standard of physical and mental health

h. Right to education including compulsory primary education

i. Right to the enjoyment of cultural and scientific benefits and international contracts

DUTY TO IMPLEMENT

• The Philippines is a party to the UN Charter, UNDHR, the 2 Covenants, and to the Optional Protocol to the Covenant on Civil and Political Rights
• Treaty commitments become part of domestic law
• Those which are not self-executing provisions must be attended to by the necessary steps, in accordance with its constitutional processes and with the provisions of present Covenants
• Progress Realization – State is obligated to undertake a program of activities and to realize those rights which are recognized by the Economic Covenant

Other Conventions on Human Rights

a. Genocide Convention

b. Convention on the Elimination of All Forms of Racial Discrimination

c. Convention on the Elimination of All Forms of Discrimination Against Women

d. Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

e. Convention on the Rights of the Child

f. Convention on Migrant Workers

CUSTOMARY HUMAN RIGHTS LAW

• Prohibition on Torture, Genocide, Slavery and Discrimination

INTERNATIONAL IMPLEMENTATION OF HUMAN RIGHTS LAW

• Each country has the obligation to implement human rights law within its jurisdiction properly done through municipal or regional courts
• 2 different procedures used by Human Rights Commission for responding to violations of human rights:

a. Confidential consideration under ECOSOC Resolution 1503

1. The confidential findings of the Sub-Commission are brought to the attention of CHR

2. The CHR is expected to submit its report and recommendation to the ECOSOC

3. Procedure is kept confidential, but findings invariably find their way into media

b. Public debate procedure under ECOSOC Resolution 1235

• This carries 2 types of activities:

1. It holds annual public debates in which governments and NGOs are given opportunity to identify specific situations which deserve attention

2. It engages in studies and investigations of particular situations

INTERNATIONAL CRIMINAL COURT

• Until the establishment of ICC, international crimes were prosecuted in ad hoc criminal courts (Nuremberg and Tokyo Tribunals)
• The goal of ICC is to demand individual and not collective accountability
• Its jurisdiction is limited to most serious international crimes: Genocide, Crimes against Humanity, War crimes, and the Crime of Aggression
• Principle of Complementarity – the court of last resort