CHAPTER 5 REGIONAL TREATIES ON HUMAN RIGHTS

5.1 EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR)

The European Convention on Human Rights (ECHR), also known as the Convention for
the Protection of Human Rights and Fundamental Freedoms, is a treaty entered into by
the twelve (12) member-states1 of the Council of Europe 2 in Rome, Italy on 4 November
1950.3 It came into force on 3 September 1953. The current forty-seven (47) members
of the Council of Europe are all signatories to the ECHR.

The ECHR protects the basic human rights and freedoms of over 830 million citizens of
Europe. It guarantees and secures their right to life, freedom from slavery, right to
liberty, right to a fair trial, right not to be punished for something that was not against the
law at the time, right to respect for family and private life, freedom of thought,
conscience and religion, freedom of expression, freedom of assembly, right to marry
and start a family, right to an effective remedy, and the right not to be discriminated
against in respect of these rights.4
The right to protection of property, right to education, and the right to participate in free
elections were later added by Protocol 1 to the European Convention on Human
Rights.5 Protocol 4 to the ECHR6 guarantees the freedom of movement and prohibits
imprisonment for debt and the expulsion of nationals as well as the collective expulsion
of aliens. Nevertheless, an alien may be expelled when such expulsion is necessary in

1
The state-signatories are the Kingdom of Belgium, Kingdom of Denmark, French Republic, German Federal Republic, Icelandic
Republic, Irish Republic, Italian Republic, Grand Duchy of Luxembourg, Kingdom of Netherlands, Kingdom of Norway, Turkish
Republic, and United Kingdom of Great Britain and Northern Ireland. The Kingdom of Greece and the Kingdom of Sweden signed
the ECHR on 28 November 1950; the Republic of Austria on 13 December 1957; and the Republic of Cyprus on 16 December 1961
– all at Paris, France.
2
The Council of Europe was founded in 1949 by Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway,
Sweden, and the United Kingdom for the purpose of upholding human rights, democracy and the rule of law in Europe. These ten
(10) original members were joined later by thirteen (13) others – Austria, Cyprus, Finland, West Germany, Greece, Iceland,
Liechtenstein, Malta, Portugal, San Marino, Spain, Switzerland, and Turkey. Between 1990 and 2007, Albania, Armenia, Azerbaijan,
Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, North Macedonia,
Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, and Ukraine were admitted to the Council of Europe.
In addition, the principalities of Andorra, and Monaco joined in 1994 and 2004, respectively.
3
Saar, the thirteenth signatory, is an autonomous state in economic union with France then. In 1956, Saar joined West Germany
and the following year, it finally achieved its present status as a federal state of Germany.
4
Articles 2-14, European Convention on Human Rights.
5
Protocol 1 to the ECHR was signed in Paris, France on 20 March 1952 by the members of the Council of Europe. It resolved to
take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section I of the
Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.
6
Signed by the members of the Council of Europe at Strasbourg, France on 16 September 1963.
the interests of public order or is grounded on reasons of national security 7 provided that
procedural safeguards are observed.8

Nationals of a State have the right of appeal in criminal matters, right of compensation
for wrongful conviction, right not to be tried or punished twice, and right of equality
between spouses.9

Death penalty was abolished by Protocol 6 to the ECHR 10 although a State may make
provision in its law for the death penalty in respect of acts committed in time of war or of
imminent threat of war. However, Protocol 13 to the ECHR11 abolished death penalty in
all circumstances including death penalty in time of war.

Further, the enjoyment of any right set forth by law shall be secured without
discrimination on any ground such as sex, race, color, language, religion, political or
other opinion, national or social origin, association with a national minority, property,
birth or other status.12

5.1.1 Rights and Freedoms of Citizens13

The member-governments of the Council of Europe work towards peace and greater
unity based on human rights and fundamental freedoms. With this Convention they
decide to take the first steps to enforce many of the rights contained in the Universal
Declaration of Human Rights.14

Articles 2 to 14 of the Convention provide for the rights and freedoms of the citizens of
the member states of the Council of Europe. Articles 1-3 of Protocol 1 to the ECHR
guarantee the additional rights to property, education and free elections. Protocol 4 to
the ECHR in its Articles 1-4 bestow freedom of movement and prohibit expulsion of
nationals, imprisonment for debt, and collective expulsions of aliens.
Under the ECHR, 830 million citizens of Europe are assured of their right to life; that they
shall not be subjected to torture or to inhuman or degrading treatment or punishment;
that they shall not held in slavery or servitude and no one shall be required to perform
forced or compulsory labor; that they have the right to liberty and security of person and

7
Article 1(2), Protocol 7 to the ECHR signed by the members of the Council of Europe at Strasbourg, France on 22 November
1984.
8
Article 1(1), supra.
9
Articles 2, 3, 4, and 5, respectively, supra.
10
Signed by the members of the Council of Europe at Strasbourg, France on 28 April 1983.
11
Signed by the members of the Council of Europe at Vilnius, Lithuania on 3 May 2002.
12
Protocol 12 to the ECHR signed by the members of the Council of Europe at Rome, Italy on 4 November 2000.
13
Articles 2-14, ECHR.
14
Preamble, ECHR.
right to a fair trial; and that they shall not be punished for crimes which did not constitute
a criminal offence under national or international law.

Everyone in Europe has the right to respect for his private and family life; the right to
freedom of thought, conscience and religion; the right to freedom of expression; the
right to freedom of peaceful assembly and association; the right to marry; the right to
property;15 the right to education;16 right to free elections;17 the freedom of movement; 18
and right against imprisonment for debt. 19

Those whose rights and freedoms enumerated under the ECHR are violated shall have
the right to an effective remedy before a national authority. The enjoyment of such rights
and freedoms shall be secured without discrimination. Nationals shall not be expelled,
by means either of an individual or of a collective measure, from the territory of the
State of which he is a national.20 Collective expulsion of aliens is likewise prohibited. 21

5.1.2 European Court of Human Rights

The ECHR also established the European Court of Human Rights which protects the
rights and guarantees provided for by the European Convention on Human Rights. It is
empowered to hear individual (rather than only interstate) petitions or complaints
without the prior approval of the local government. The decisions of the court are final
and binding on the state parties to the convention.

(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines, for a detailed discussion).

5.2 AMERICAN CONVENTION ON HUMAN RIGHTS

The American Convention on Human Rights (ACHR), otherwise known as the Pact of

San José, is an international human rights instrument originally signed by twelve (12)
countries22 in the Americas in San José, Costa Rica, on 22 November 1969. Later, on

15
Article 1, Protocol 1 to the ECHR.
16
Article 2, supra.
17
Article 3, supra.
18
Article 2, supra.
19
Article 1, Protocol 4 to the ECHR.
20
Article 3, supra.
21
Article 4, supra.
22
The countries are Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay,
Uruguay, and Venezuela.
different dates, seven (7) countries affixed their signatures on the same agreement. 23
On the other hand, seven (7) countries did not sign the Convention but later accessed
the ACHR.24 The United States of America is the only country which signed but did not
ratify the Convention. The ACHR came into force on 18 July 1978.

The state-signatories of the ACHR are all members of the Organization of American
States (OAS) which was founded on 30 April 1948 by twenty-one (21) independent
countries for the purposes of solidarity and cooperation among its member states within
the Western Hemisphere. Specifically, the OAS was established to achieve among its
member states an order of peace and justice, to promote their solidarity, to strengthen
their collaboration, and to defend their sovereignty, their territorial integrity, and their
independence.25

To effectively implement its essential purposes, the OAS uses its four (4) main pillars:
democracy, human rights, security, and development.
5.2.1 Civil and Political Rights26

Every person in the American continent has the right to juridical personality, right to life,
and right to humane treatment as no one shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment. He or she has the right to personal
liberty and security which includes the right not to be subject to arbitrary arrest or
imprisonment. He or she shall not be detained for debt. They shall also enjoy the right of
peaceful assembly.

He or she has a right to a fair trial and should not be subjected to double jeopardy. He
or she has the right to be compensated in case of a sentence by a final judgment
through a miscarriage of justice. He or she has the right to privacy – to have his or her
honor respected and dignity recognized. And if he or she is injured by inaccurate or
offensive statements or ideas disseminated to the public in general by a legally
regulated medium of communication, he or she has the right to reply using the same
communications outlet.

The right of men and women of marriageable age to marry and to raise a family shall be
recognized. Anyone of them has the right to a given name and to the surnames of his or
her parents or that of one of them. The rights of the child are to be respected. Every
person has the right to a nationality of the state in whose territory he was born if he or

23
Argentina signed it on 2 February 1984; Barbados on 20 June 1978; Grenada, 14 July 1978; Jamaica, 16 September 1977; Peru,
27 July 1977; Dominican Republic, 7 September 1977; and United States, 1 June 1977.
24
These countries are Bolivia, Brazil, Dominica, Haiti, Mexico, Suriname, and Trinidad & Tobago.
25
Article 1, Charter of the Organization of American States.
26
Article 3-25, American Convention on Human Rights.
she does not have the right to any other nationality. No one shall be arbitrarily deprived
of his or her nationality or of the right to change it.

They have the right to property and they shall not be deprived of it except upon payment
of just compensation and for reasons of public utility or social interest. Every citizen
shall have the right to take part in the conduct of public affairs, to vote and to be elected
in genuine periodic elections, and to have access to the public service of his country.
They are entitled to the right of equal protection of the law and judicial protection.

Among the freedoms enjoyed by these people are freedom from slavery, freedom from
ex post facto laws, freedom of conscience and religion, freedom of thought and
expression, freedom of association, and freedom of movement and residence.

5.2.2 Inter-American Court of Human Rights

(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines, for a detailed discussion).

5.3 AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS

The African Charter on Human and Peoples’ Rights (ACHPR), otherwise known as
Banjul Charter, was adopted by the former Organization of African Unity (OAU) 27, now
called African Unity (AU)28, on 28 June 1981, in Nairobi, Kenya. It came into effect on 21
October 1986. In 1998, the African Court on Human and Peoples' Rights was created
pursuant to Protocol to the African Charter on Human and Peoples’ Rights which came
into effect on 25 January 2004.

The ACHPR recognizes all generations of rights: social rights, economic rights,
collective rights, and environmental rights which are essential elements of human rights
in Africa. These diverse rights of the African people can be made effective through
domestic legislation or by virtue of the constitutional system in place. The rights of the

27
The Organization of African Unity (OAU) was founded in May 1963 at Addis Ababa, Ethiopia by thirty-two (32) African States to
rid the continent of the remaining vestiges of colonization and apartheid, to promote unity and solidarity amongst African States, to
coordinate and intensify cooperation for development, to safeguard the sovereignty and territorial integrity of Member States, and to
promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human
Rights.
28
The African Union (AU), consisting of fifty-five (55) member states of the African Continent, succeeded the Organization of
African Unity (OAU) in 2012. It consists of Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde,
Central African Republic, Chad, Comoros, Congo, Cote D’lvoire, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial
Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar,
Malawi, Mali, Mauritania, Mauritius, Morocco, Namibia, Niger, Nigeria, Rwanda, Sahrawi Arab Democratic Republic, Sao Tome and
Principe, Sengal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda, Zambia,
and Zimbabwe.
indigenous peoples were clearly established in this Charter. The rights of women in the
African context were clarified.

5.3.1 Human and Peoples’ Rights29

Africans have the right to life and they are entitled to respect for their life and the
integrity of their person. They have the right to equality before the law and equal
protection of the law. They cannot be exploited as torture and cruel, inhuman or
degrading punishment are prohibited. As they have the right to liberty and to the
security of their person, they may not be deprived of their freedom, except for reasons
and conditions previously laid down by law, and they may not be arbitrarily arrested or
detained.

They have the right to a fair trial which includes the right to have their cause heard, the
right to appeal, the right to be presumed innocent until proved guilty, the right to
defense, and the right to be tried within a reasonable time by an impartial court or
tribunal. They have the right to receive information and to express and disseminate their
opinions within the law. Their freedom of of conscience, the profession and free practice
of religion are guaranteed.

The right to freedom of association, right to freedom of assembly, right to freedom of

movement and residence which includes the right of asylum, right to participate in
government, right to property, right to work which encompasses the right to equal pay
with equal work, right to health, and right to education are the rights of the African
people that must always be recognized and respected.

The family and vulnerable groups such as the women, children, aged, and disabled are
protected under the African Charter. All peoples have the right to equality of rights and
they shall enjoy the same respect and shall have the same rights. Their inalienable right
to self-determination – to freely determine their political status and pursue their
economic and social development – is recognized.

All peoples in the African continent have the right to freely dispose their wealth and
natural resources. They have the right to their economic, social and cultural
development with due regard to their freedom and identity and in the equal enjoyment of
the common heritage of mankind. They have the right to national and international
peace and security. The principles of solidarity and friendly relations implicitly affirmed
by the Charter of the United Nations and reaffirmed by that of the Organization of
African Unity shall govern relations between States.

29
Articles 2-26, African Charter on Human and Peoples’ Rights.
Finally, all peoples have the right to a general satisfactory environment favorable to their
development and are entitled to the enjoyment of the rights and freedoms recognized
and guaranteed in the present Charter without discrimination.

5.3.2 African Court on Human and Peoples' Rights

(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines, for a detailed discussion).

5.4 ARAB CHARTER ON HUMAN RIGHTS

The Council of the League of Arab States30 on 22 May 2004 adopted the Arab Charter
on Human Rights. It upholds the principles embodied in the United Nations Charter, the
Universal Declaration of Human Rights, the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights, and the
Cairo Declaration on Human Rights in Islam. Thus, it protects civil, cultural, economic,
political and social rights.
The faith of the Arab nation in the dignity of the human person, its humanitarian values
and principles that it has established throughout its long history, and its belief in the
sovereignty of the law and its contribution to the protection of universal and interrelated
human rights have caused the birth of the Arab Charter on Human Rights. It rejects
racism and Zionism, both of which constitute a violation of human rights and a threat to
world peace.31
The members of the League of the Arab States undertake to implement and protect the
rights and freedoms of the Arab people without discrimination as to race, color, sex,
language, religious belief, opinion, thought, national or social origin, wealth, birth or
physical or mental disability.32 But they can take measures derogating from their
obligations under the Charter in exceptional situations of emergency which threaten the
life of the nation.33

30
Currently, the members of the League of Arab States are: Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait,
Lebanon, Libya, Mauritania, Morocco, Oman, State of Palestine, Qatar, Saudi Arabia, Somalia, Sudan, Syrian Arab Republic,
Tunisia, United Arab Emirates, and Yemen.
31
Preamble, Arab Charter on Human Rights.
32
Article 3, supra.
33
Article 4, supra.
However, in exceptional situations of emergency, no derogation shall be made from the
following rights and freedoms: right to life, freedom from torture, freedom from medical
or scientific experimentation, freedom from slavery, right to a fair trial, right to liberty and
security, freedom from imprisonment for non-payment of debt, freedom from double
jeopardy, right of persons deprived of their liberty to be treated with humanity, right of
recognition before the law, right of movement and residence, right to nationality, and
freedom of thought, conscience and religion.34

5.4.1 Rights of the Arab People

The Arab people have the right to life, liberty, and security of person. 35 They shall not be
arbitrarily deprived of their life neither shall they be subjected to arbitrary arrest, search
or detention without a legal warrant nor shall they be subjected to physical or
psychological torture or to cruel, degrading, humiliating or inhuman treatment. 36 They
enjoy the right to equality before the law and the equal protection of the law. 37

The citizens of the Arab nation are entitled to right to privacy, thus, they shall not be
subjected to arbitrary or unlawful interference with regard to their privacy, family, home
or correspondence, nor to unlawful attacks on their honor or reputation. 38 They cannot
be denied their freedom of thought, conscience and religion; 39 freedom of movement
and residence;40 freedom of assembly and association; 41 and freedom to choose their
own employment.42
Further, they shall not be deprived of their right to political participation; 43 right to
nationality;44 right to own property; right to information and freedom of opinion and
expression; right to seek, receive and impart information and ideas; right to protection,
survival, development and well-being of the child; right of workers to enjoy just and
favorable work conditions; and right to join or form trade unions. 45

34
Article 4(2), supra.
35
Articles 5 and 14, supra.
36
Article 8, supra.
37
Article 11, supra.
38
Article 21, supra.
39
Article 30, supra.
40
Article 26(1), supra.
41
Article 24(6), supra.
42
Article 34, supra.
43
Article 24(1-5), supra.
44
Article 29, supra.
45
Articles 31-35, supra.
They shall be provided with adequate standard of living which includes access to food,
clothing, housing, services and the right to a healthy environment. 46 Their right to
health,47 right to education,48 and right to participate in cultural activities49 shall be
recognized. Prohibition of collective expulsions of aliens is likewise valued. 50

Death sentence may only be imposed on the most serious crimes and pursuant to a
final judgment.51 It may not be inflicted on persons below 18 years of age, unless
otherwise stipulated in the laws in force at the time of the commission of the crime, and
on pregnant women prior to delivery or on a nursing mother within two years from the
date of her delivery.52

5.4.2 Arab Court of Human Rights

To have an enforcing mechanism for resolving disputes among the Arab States, the
League members entered into a new treaty – the Statute of the Arab Court of Human
Rights – in 2014. The Court has jurisdiction over all suits and conflicts resulting from the
implementation and interpretation of the Arab Charter of Human Rights, or any other
Arab convention in the field of Human Rights involving a member State. 53 But it may
only look into facts that are committed after the entry into force of the Statute with
regards to the State in question.54
(See Chapter 11, Implementation of International Human Rights Law and Human Rights
Law in the Philippines, for a detailed discussion).

5.5 ASEAN HUMAN RIGHTS DECLARATION

The Association of Southeast Asian Nations (ASEAN) 55 adopted the ASEAN Human
Rights Declaration (AHRD) during its 21st Summit in Phnom Penh, Cambodia on 18

46
Article 38, supra.
47
Article 39, supra.
48
Article 41, supra.
49
Article 42, supra.
50
Article 26(2), supra.
51
Article 6, supra.
52
Article 7, supra.
53
Article 16, Arab Court of Human Rights.
54
Article 17, supra.
55
ASEAN was established on 8 August 1967 in Bangkok, Thailand, when Indonesia, Malaysia, Philippines, Singapore and Thailand
met and signed the ASEAN Declaration (Bangkok Declaration). On 7 January 1984, Brunei Darussalam joined, Viet Nam on 28 July
1995, Lao PDR and Myanmar on 23 July 1997, and Cambodia on 30 April 1999, making up what is today the ten Member States of
ASEAN. Its purposes, among others, are to accelerate the economic growth, social progress and cultural development in the region;
to promote regional peace and stability; and to promote active collaboration and mutual assistance on matters of common interest in
the economic, social, cultural, technical, scientific and administrative fields.
November 2012. The Declaration spells out the commitment to human rights of the
ASEAN for its 600 million people.

The AHRD was born out of the womb of the ASEAN Charter. Article 14(1) of the Charter
states that:

In conformity with the purposes and principles of the ASEAN Charter relating to the
promotion and protection of human rights and fundamental freedoms, ASEAN shall
establish an ASEAN human rights body.

Pursuant to this mandate, the ASEAN established in 2009 the ASEAN

Intergovernmental Commission on Human Rights (AICHR), Asia’s first regional human
rights institution.

This Declaration is seen as the predecessor to a formal treaty for the ASEAN region, in
the same way that the American Declaration of the Rights and Duties of Man preceded
the American Convention on Human Rights, and the Universal Declaration of Human
Rights (UDHR) preceded the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights. 56 In the absence of
a binding convention, the AHRD may be viewed as the beginning of real protection of
human rights in the ASEAN region.

5.5.1 Civil and Political Rights57

Under the principles of the ASEAN Human Rights Declaration, ASEAN Member States
affirm the following rights and fundamental freedoms: right to life; right to personal
liberty and security; right to freedom of movement and residence; right to seek and
receive asylum; right to property; right to a nationality; right to family; right to
presumption of innocence; right to privacy; right to participate in government; right of
suffrage; freedom of thought, conscience and religion; freedom of opinion and
expression; freedom of peaceful assembly; freedom from servitude or slavery, and
freedom from torture or to cruel, inhuman or degrading treatment or punishment.
5.5.2 Economic, Social and Cultural Rights58

The ASEAN countries likewise uphold the peoples’ right to work; right to form trade
unions; right to an adequate standard of living; right to adequate and affordable food;
freedom from hunger and access to safe and nutritious food; the right to clothing; right
to adequate and affordable housing; right to medical care and necessary social

56
Catherine Shanahan Renshaw, Human Rights Law Review, Volume 13, Issue 3, September 2013, Pages 557–579,
https://doi.org/10.1093/hrlr/ngt016, https://academic.oup.com, accessed on 9 October 2020.
57
Articles 10-25, ASEAN Human Rights Declaration.
58
Articles 26-34, supra.
services; right to social security, including social insurance; right to education; and right
to take part in cultural life.

5.5.3 Right to Development59

The peoples of ASEAN are entitled to the right to development where they can
participate in, contribute to, enjoy and benefit equitably and sustainably from economic,
social, cultural and political development.

5.5.4 Right to Peace60

The ASEAN citizens have the right to enjoy peace within an ASEAN framework of
security and stability, neutrality and freedom. The ASEAN Member States should
continue to enhance friendship and cooperation in the furtherance of peace, harmony
and stability in the region.

5.5.6 Cooperation in the Promotion and Protection of Human Rights 61

ASEAN Member States are committed to promote and protect human rights and
fundamental freedoms which shall be achieved through cooperation with one another as
well as with relevant national, regional and international institutions/organizations,
pursuant to ASEAN Charter.

59
Articles 35-37, supra.
60
Article 38, supra.
61
Article 39, supra.