Chapter VI Application, Enforcement and Limitations Human rights may be violated by the State, private individuals, juridical persons,
violated by the State, private individuals, juridical persons, groups, and business
2 Theories on domestic applicability of IHR Law:
1. Monist Theory
- International law and domestic law comprise one legal system
- International law automatically becomes domestic law, without need to enact a separate
national law
- Domestic law that contravene the international law may be declared invalid (including
the Constitution)
2. Dualist Theory
- International law and domestic law are different legal systems
- International law does not become obligatory to its citizens until the State passes a
corresponding domestic law containing its provisions
- Local laws are considered more binding
- Local laws are revisited and amended to conform to international law, but until such
amendment, the local laws remain valid, although this could mean a possible violation
of its treaty obligations
Dualist theory is one prevailing in the Philippines.
Sec. 2, Article 2 of the Philippine Constitution contains the incorporation clause. It is especially limited to
the adoption of the generally accepted principles of international law as part of the land.
The consent of the State may be expressed by signature, exchange of instruments constituting the
treaty, ratification (act of formal confirmation intl organization), acceptance, approval or accession, or
by any other means, if so agreed.
- Notwithstanding the signature, there still must be ratification, acceptance or approval to
be done by the State. Without ratification, the signature may only operate as a means of
authentication and to show openness of the signatory State for further discussion on the
treaty-making process.
State parties may be allowed to limit, restrict, or modify the treaty application by: (RIMD)
1. Reservation
- Unilateral statement the purpose of which is to exclude or modify the legal effect of
certain provisions of the treaty in their application to the State
- Not allowed when:
1) It is prohibited by the treaty
2) It is not included in the reservations specified by the treaty
3) It is incompatible with the object and purpose of the treaty
2. Interpretative declaration
- Instrument annexed to a treaty interpreting or explaining its provisions
3. Modification
- Variation of certain treaty provisions only as between particular parties of a treaty, while
in their relation to the other parties the original treaty provisions remain applicable
4. Denunciation
- Withdrawal by a State party from a treaty
- CRC, ICERD, and CAT allow denunciation; ICCPR, ICESCR, CEDAW do not
entities. Individuals may be brought to (criminal courts) justice before hybrid courts, ad hoc international
courts, or before ICC.
- Jurisdiction of ICC is limited to the following: (GHWA)
1) Crimes of Genocide
2) Crimes against Humanity
3) War Crimes
4) Crimes of aggression
ICJ Only States may bring a case against another State
Individuals and head of State may be tried for crimes under Rome Statute (other
ICC
crimes of aggression)
European CHR Individuals are allowed to directly bring a case against a State
Aside from bringing complaints before HRC, states may opt to avail diplomatic means which may entail
negotiations and dialogue. Retorsion, on the other hand, involves unfriendly acts which do not
necessarily constitute violations of rights of offending State (withdrawal of foreign assistance, stoppage
of oil imports). Countermeasures are responses by a State to the wrongful conduct of another, as a tool
of self-redress. The use of military intervention may also be resorted to.
Human rights, cannot be taken away, but can be subject to regulation to avoid infringement on the rights
of others or could be detrimental to public health, public morals, or national security. However, States do
not have absolute discretion and prerogative to restrict the exercise of human rights, thus bounded by
the certain parameters and must consider the following:
1. There must be a clear legal provision of law;
2. The restriction must be a specific legitimate purpose;
3. The proportionality test must be applied;
4. The least intrusive measure should be applied; and
5. The law must be strictly interpreted against restrictions.
Some human rights are non-derogable, but some may be suspended or restricted. Art. 4 of ICCPR
allows derogation of rights, provided:
1. There is a public emergency which threatens the life of the nation;
2. The existence of public emergency is officially proclaimed
3. The derogation is to the extent strictly required by the exigencies of the situation;
4. The measures taken are not inconsistent with the States other obligations under international
law;
5. The measures taken do not involve discrimination solely on the ground of race, color, sex,
language, religion, or social origin.
Chapter VII Monitoring Systems Chapter VIII The United Nations

Pacta sunt servanda requires that States comply with their obligations arising from international human United Nations Organization 193 member States; officially came into being on June 26, 1945; UN day
rights law and treaties. is celebrated on October 24 of each year.

To check the compliance of States on its obligations, the monitoring mechanisms are set up. Purposes of UN: (PFCH)
1. Charter-based Provided under the UN Charter or UN organs 1. To maintain international peace and security;
1) ECOSOC Resolution No. 1503 (1503 Procedure) procedure where individual 2. To develop friendly relations among nations;
complaints by individual human rights victims or groups representing them are accepted; 3. To achieve international cooperation in solving international problems and in promoting
main feature includes confidentiality provision and the need for prior exhaustion of respect for human rights and fundamental freedoms; and
domestic remedies 4. To be a center for harmonizing the actions of nations in the attainment of common ends.
2) Special Rapporteurs UN rapporteurs, aside from State reports, provides UN information
on the extent of compliance by States in their international commitments Principal Organs of the UN (have their own subsidiary bodies, departments, agencies and programs that
3) Universal Periodic Review State presents its report on its human rights situation and a carry out specific tasks, except ICJ and Trusteeship):
troika composed of 3 other member states will give their comments and suggestions
1. General Assembly (UNGA)
2. Treaty-based Provided under the treaties - Subsidiary bodies include the Human Rights Council, International Law Commission,
- Render views (which does not have a binding effect) on the complaints brought before and the Disarmament Commission.
it and concluding observations based State Reports; may issue interim measures which 2. Security Council (SC)
have a mandatory effect - Any of the 5 permanent members may veto a proposal (France, USA, China, Russian
Federation, and UK)
1) Human Rights Committee overseeing compliance of ICCPR; actio popularis is not - Subsidiary bodies: ICTR and ICTY
allowed 3. Economic and Social Council (ECOSOC)
2) Committee on Economic, Social and Cultural Rights monitors compliance of ICESCR 4. Trusteeship Council
3) Committee on Elimination of Racial Discrimination monitors the International - Function ceased after the independence of last trust territory (Palau)
Convention on the Elimination of Racial Discrimination 5. Secretariat
4) Committee on the Elimination of Discrimination Against Women monitors CEDAW 6. International Court of Justice
5) Committee on the Rights of the Child monitors state compliance to the Convention on
the Rights of the Child Chapter IX Millenium Development Goals
6) Committee Against Torture monitors Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment 8 Millenium Development Goals (PEGCMHEP)
7) Committee on Migrant Workers - monitors compliance by member states of the 1. Halving extreme poverty
International Convention on the Protection of All the Rights of Migrant Workers and 2. Providing universal primary educaton
Members of their families 3. Promoting gender equality
8) Committee on the Rights of Persons with Disabilities monitors Convention on the Rights 4. Reducing child mortality
of Persons with Disabilities 5. Improving Maternal Health
Read Cases! 6. Halting the spread of HIV/AIDS, malaria, and other diseases
1. Piandong vs PH 7. Ensuring environmental sustainability
2. Baroy vs PH 8. Developing a global partnership
3. Pimentel vs PH
4. Marcellana and Gumanoy vs PH
5. Lumanog and Santos vs PH
6. Larranaga vs PH