International Human Rights - MAD
INTERNATIONAL HUMAN RIGHTS development of the individual and of the community mutually
What are human rights?
 Those liberties, immunities and benefits, which all human beings
should be able to claim “as a right of the society in which they live –
Louis Henkin
How are the international human rights divided?
 The said rights are divided into 3 generations, namely:
First generation: civil and political rights ( C P )
o Embodied in International covenant on civil and
political rights
Second generation: economic, social and cultural rights ( E S C
)
o Embodied in International covenant economic, social
and cultural rights
Third generation: Right to development, right to peace and
right to environment ( D P E )
o The third generation of human rights has remained
controversial in conceptual definition and as to
enforceability.
How are human rights classified?
1. Individual rights
2. Collective rights (right to self‐determination of people; the permanent
sovereignty over natural resources)
Are human rights divisible?
 Human rights and fundamental freedoms are indivisible and the full
realization of civil and political rights without the enjoyment of
economic, social and cultural rights is impossible. And thus, the
condition each other. Human rights in this sense become the medium
for the process of self-realization of the individual in society, as well as
the articulation of social integrity through the individual.
What is the International Bill of Human Rights?
 It is a convenient designation of the three main instruments of human
rights on the international plane, which are the:
o Universal Declaration of Human Rights
o International Covenant on Economic. Social and
Cultural Rights
o International Covenant on Civil and Political Rights
What is meant by the “internationalization” of human rights as a singular
importance of the UN charter?
 The acceptance by the international community of the human rights
“regulation” as provided in the UN has shifted matters or questions
from exclusive domestic jurisdiction of states to international legal
regulation.
 Firmed up trend in human rights in terms of binding obligations in
international law.
 Decisions and actions of various UN organs and subsidiaries have
deepened human rights observance in a broad field of state practice not
only in internal state mechanisms but as well as in diplomatic
conferences and international bodies.
Give other examples international conventions on human rights with
significant number of states parties
1. Convention on the Prevention and Punishment of the Crime of
Genocide.
2. Convention relating to the Status of Refugees
3. International Convention on the Elimination of All Forms of Racial
Discrimination
4. International Convention on the Suppression and Punishment of
Apartheid
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International Human Rights - MAD
Does the Universal Declaration of Human Rights bind the States as a
treaty?
 No, the Declaration is not a treaty. It has no obligatory character
because it was adopted by the UN General Assembly as Resolution
217A.
 Art. 10 of the UN Charter provides that the General Assembly may make
recommendations to the members of the United Nations or to the
Security Council or to both on any such questions or matters as within
the scope of the UN Charter.
What is the legal significance of the declaration?
The following are opinions of known publicists in international law
regarding this matter:
 According to Sohn and Buergenthal
 Exercised a significant influence on national constitutions and
on municipal legislation and, in several cases, on court
decisions.
 In some instances, the text of the provisions of the Declaration
has been used in international instruments or national
legislation, and there are many instances of the use of the
Declaration as a code of conduct and as a yard-stick to measure
the degree of respect for and compliance with the international
standards of human rights.
 According to Brownlie ad Goodwin-Gill
 It is not a legally binding instrument. Nevertheless, some of its
provisions either constitute general principles of law, or
represent elementary considerations of humanity.
 It has indirect legal effect, an authoritative guide.
 According to Juan Carillo Salcedo
 It constitutes evidence of the interpretation and application of
the relevant provisions of the UN Charter.
 If the declaration is now part of positive international law and
therefore binding on all States, it is because of the emergence
of the consensus evidence by the practice of States that the
Declaration is now binding as part of international law. It is
supported by the following arguments:
1. The Universal Declaration may be considered as an
expression of general principles of law recognized by
civilized nations in the terms of Art. 38 of the Statute
of the International Court of Justice, since at least
certain fundamental rights propounded in the
Declaration have been frequently applied by
international standards in cases concerning the
treatment of aliens
2. It may be affirmed that the Declaration as such now
has the force of law just as it has acquired the force of
customary international law because the UN Gen.
Assembly Declarations provide the basis for a
subsequent concordant practice of States which will
transform the resolution into customary international
law
3. The Universal declaration may be considered as an
authoritative interpretation of the UN Charter, which
is generally accepted and therefore has binding force.
 According to Waldock
 It is not a legal instrument but as a statement of common
standards and objectives in regard to human rights.
 To treat the Declaration itself as a legal instrument directly
binding upon member states would be to run counter to the
clear intention of the Assembly when it was drawn up and go
near to attributing a power of legislation to the majority in the
Assembly.
 Louis Sohn
 The declaration is now considered to be an authoritative
interpretation of the phrase “human rights and fundamental
freedoms” which member states agreed in the Charter to
promote and observe.
 The declaration, as an authoritative listing of human rights, has
become a basic component of international customary law,
binding all states, not only members of the UN.
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International Human Rights - MAD

What are the rights guaranteed in the International Covenant on Economic, categories of rights distinctive content of each Covenant.
Social and Cultural Rights? described as the first
and second generations
1. Self‐determination of human rights
2. Work and accompanying rights The common provisions The covenants have some common provisions
3. Social Security and other Social rights of the Covenants are dealing with collective rights, namely, the right of
4. Adequate Standards of living not covered by the self-determination of peoples and the right of
5. Physical and Mental Health Declaration. peoples to “freely dispose of their natural wealth
6. Education and resources” and not to be “deprived of own
7. Take part in cultural life means of subsistence.
8. Enjoy the benefits of scientific progress and applications More rights are listed in
the CP Covenant
What are the explicit limitations to human rights proclaimed by the The following rights
Declaration? under the declaration
are not included in the
 In Art. 29(2) is a statement of limitations, thus: “In the exercise of his CP Covenant:
rights and freedoms everyone shall be subject only to such limitations  Right to own
as are determined by law solely for the purpose of securing due property and
recognition and respect for the rights and freedoms of others and of  Right to seek
meeting the just requirements of morality, public order and the general and enjoy in
welfare in a democratic society” other countries
 Art. 30 provides: “Nothing in this Declaration may be interpreted as asylum from
implying for any state, group or person any right to engage in any prosecution.
activity or to perform any act aimed at the destruction of any of the The following rights
under the ESC Covenant
righs and freedoms set forth herein.”
are not included in the
Declaration vs. International Covenant on Civil and Political Rights vs. Declaration:
International Covenant on Economic, Social and Cultural Rights  Right to health
 Right to strike
Declaration International International  Right to be free
Covenant on Civil and Covenant on from hunger
Political Rights Economic, Social and  Right to enjoy
Cultural Rights the benefits of
scientific
Not a treaty but a International International progress
resolution Conventions which are Conventions which are  Freedom for
binding on their binding on their scientific
respective States respective States research and
Parties Parties creativity
Embodies both The categories are separated in forming the
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International Human Rights - MAD

What are the core obligations of the States that are parties to the CP measures to derogate from their obligations to the extent strictly
Covenant? required by the exigencies of the situation.

1. To respect and to ensure to all individuals within their terrotry the
rights recognized in the present Covenant without distinctions of any
kind, such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth, or other status.
2. To take the necessary steps to adopt such legislative or other measure
as may be necessary to give effect to the rights recognized in the
present Covenant.
3. To ensure that any person whose rights or freedoms are violated shall
have an effective remedy, notwithstanding that the violation has been
committed by persons acting in official capacity.
4. To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities or by other competent authority and that they shall enforce
such remedies when granted.
XPN: There can be no derogation from the following:
1. Right to life
2. Freedom from torture or cruel, inhuman or degrading
punishment
3. Freedom from slavery
4. Freedom from imprisonment for failure to fulfill a contractual
obligation
5. Freedom from ex post fact laws
6. Right to recognition everywhere as a person before the law
7. Freedom of thought, conscience and religion

What are the principal obligations of States that are parties to the ESC
Covenant?

 They undertake to take steps to the maximum of its available resources

with a view to achieving progressively the full realization of the rights
recognized in the present Covenant by all appropriate means.

What is the difference between the undertakings of the parties under the
CP Covenant and that in the ESC Covenant?

ESC
The parties merely agrees to take
steps to the maximum of its available
resources towards the progressive
realization of the rights under the
Covenant.
CP
Obligations immediately take effect;
the obligations are equally and
immediately enforceable by all
parties.

May parties derogate from their obligations?

 GR: In times of public emergency which threatens the life of the nation
and the existence of which is officially proclaimed, parties may take