Is the Paris Principle binding in the Philippines?

A state party to a treaty is legally bound by the provisions within the treaty
and accepts all the treatys obligations, subject to legitimate reservations,
understandings, and declarations1. The Philippines, being a state party to the
United Nations Charter, the Universal Declaration on Human Rights
(UDHR) and International Covenants, is bound both internally and in its
foreign relations, to bring its laws and practices into accord with the
accepted international obligations and not to introduce new laws or practices
which would be at variance with such obligations2.

Article 2 of the International Covenant on Civil and Political Rights (ICCPR)

states that:

1. Each State Party to the present Covenant undertakes to

respect and to ensure to all individuals within its territory and
subject to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

The Paris Principles, which was adopted during the International Workshop
of National Institutions for the Promotion and Protection of Human Rights,
set out international standards which frame and guide the work of National
Human Rights Institutions (NHRIs). NHRIs are state institutions that are
mandated to promote and protect human rights3. They are termed as a link
between the international and domestic systems of human rights protection.
The role of these institutions is in promoting human rights treaties at a
national level and contributing to reporting obligations of the state4

1
Renee Dopplick, Legal Obligations of Signatories and Parties to Treaties. Available at
http://www.insidejustice.com/intl/2010/03/17/signatory_party_treaty/.
2 Joaquin Bernas, SJ., Public International Law (2001).
3 Katrien Meuwissen, The Paris Principles And National Human Rights Organizations: Lost In

Translation?. Available at
https://ghum.kuleuven.be/ggs/publications/working_papers/new_series/wp161-170/wp163-meuwissen-
paris-principles-and-nhris.pdf.
4 Richard Carver, A New Answer to an Old Question: National Human Rights Institutions and the

Domestication of International Law. Available at http://www.constitutionalvalues.org/pdf/docs/treaty-

implement/Carver_A%20New%20Answer%20to%20an%20Old%20Question%20National%20Human%
20Rights%20Institutions%20and%20the%20Domestication%20of%20International%20Law.pdf.
The Principle sought to emphasize the importance of the Universal
Declaration of Human Rights, the International Covenants on Human Rights
and other international instruments for promoting respect for and
observance of human rights and fundamental freedoms. It also affirmed that
priority should be given to the development of appropriate arrangements at
the national level to ensure the effective implementation of international
human rights standards5.

The Commission on Human Rights of the Philippines (CHRP) is a state

institution established in 1986 as a Presidential Committee. It was
institutionalized as an independent constitutional body in 1987 by the
Philippine Constitution. Executive Order No. 163 of 1987 serves as the
Commissions Charter to today6.

Its primary function is in investigating all forms of human rights violations

involving civil and political rights in the Philippines. It is also tasked provide
appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the under-privileged whose
human rights have been violated or need protection, recommend to Congress
effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families.
Human rights are owed by States to all individuals within their jurisdiction
and in some situations also to groups of individuals. The principle of
universal and inalienable rights of all human beings is solidly anchored in
international human rights law. These rights are effectively protected by
domestic legal systems7.

Being a state party to the UN Charter, UDHR, and International covenants,

the Philippines is obligated to carry out its legal obligation of protecting
humans rights and to put in place a system to carry out this mandate. The
CHRP is a one of the state institutions tasked to protect these rights, its
primary function being investigating violations of human rights. In the

5 General Assembly, Paris Principles. Available at http://enoc.eu/wp-content/uploads/2015/01/Paris-

Principle.pdf.
6 James Gomez & Robin Ramcharan, The protection capacity of National human rights institutions in

Southeast Asia. Available at http://www.cityu.edu.hk/searc/Resources/Paper/16021610_172%20-

%20WP%20-%20Dr%20Gomez.pdf.
7 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and

Lawyers. Available at http://www.ohchr.org/documents/publications/training9chapter1en.pdf.

creation of the CHRP, the country has complied with its obligation under the
above mentioned international laws. The CHRP provided for legal measures
and safeguards to ensure that the rights of the people are adequately
protected in line with the provisions of the above mentioned international
law.
The Paris Principle is grounded on the international covenants on human
rights, which the country is a party to. This Principle, in emphasizing the role
of institutions at the national level in protecting human rights, is highlighting
the importance of these rights and the part that the state plays in doing it. It
has provided a guide for the state parties in conducting and operating the
NHRIs. Given that, it can be said that the Paris Principle is binding on the
Philippines. In making the Principle part of the law of the land, it merely
reiterates and strengthens an obligation that the Philippines is already
carrying out under the UN Charter, UDHR, and International Covenants.