CHAPTER 1: INTRODUCTION TO HUMAN

RIGHTS

- Human rights are those rights which are inherent in our nature and without which, we
cannot live as human beings. These rights and fundamental freedoms allow us to
develop and use our human qualities, intelligence, talents, and conscience, and to
satisfy our spiritual and other needs.
- Human Rights are the aggregate of privileges, claims, benefits, entitlements, and moral
guarantees that pertain to man because of his humanity.
- Most vulnerable and marginalized see human rights as mere ideas, the enjoyment only
belongs for select members of society.
- Human rights facilitate a language of recognition - an equality of status despite the
existence of different conditions within which we live.
- We have the right to enjoy our fundamental freedoms, but only to the extent that we
do not infringe or inhibit the enjoyment of the same right by others.

A. HISTORY
- The human rights discourse categorizes human rights into three generations,
conceptualized by Karel Vasak:
- Civil and Political Rights
- Economic, Social, and Cultural Rights
- Collective Rights
- The categorization traces the chronological evolution of human rights as an echo to the
cry of the French Revolution:
- Liberte - freedoms, or civil or political rights, are referred to as first-generation
human rights as these were the focus of struggles in the 18th and 19th century.
- Egalite - equality, or socio-economic rights, are referred to as the second-
generation human rights, as the focus shifted in light of the growing inequalities
and equities brought by industrialization.
- Fraternite - solidarity, or collective rights, are referred to as the third-generation
human rights, as globalization brought a “heightened awareness of overlapping
global concerns.”
- After WWII, States found themselves in need of a systematic approach to recognizing,
promoting, and protecting human rights. This meant establishing an international
human rights regime.
a. FIRST-GENERATION HUMAN RIGHTS
- Sometimes referred to as the “blue rights,” first-generation human rights pertain to civil
and political rights – those that are said to be of “immediate application,” necessary to
the ability of people to exercise their civil liberties and participate in political decisions.
- Civil and political rights are designed to protect from mistreatment of the state.
- This was the priority during the Cold War by Western Democracies – leading to the
creation of ICCPR.
- ICCPR recognized “negative rights” – that all peoples have the right to be protected
from abuses by the State, which in turn has the obligation to not exceed the confines of
its authority and infringe on human rights.
- These are immediately demandable rights.
- First generation rights include the right to life, freedom of speech and assembly, right to
due process and fair trial, freedom of religion, and the right to suffrage.

b. SECOND-GENERATION HUMAN RIGHTS

- Also known as the “red rights,” second-generation human rights pertain to economic,
social, and cultural rights – those that are “understood to be implemented only in the
long term or progressively,” albeit recognized to be “intended to enable the individual
to demand that the state create and maintain governmental programs to benefit
himself.”
- This led to the creation of ICESCR which entered into force two months earlier than the
ICCPR.
- Socialist countries insisted on the recognition of economic and social rights of
individuals.
- ICESCR places positive obligations on the State – States Parties have the obligation to
take the necessary steps to facilitate the realization of these rights.
- States have the flexibility to do so within the maximum availability of their resources.
- Second-generation human rights include the right to livelihood in just and favorable
conditions, right to food, right to shelter, and the right to social security.

c. THIRD-GENERATION HUMAN RIGHTS

- Also referred to as the “green light,” third-generation human rights are solidarity rights
that “require collective action of individuals as well as states and other political units.”
- Solidarity or Collective rights are positive and collective and demand responsibility,
which lies beyond the nation-state.
- These rights are based on the rights-claiming action which requires collectivity and will
require institutional mechanisms of and by the State.
- Third-generation rights include the right to self-determination, right to economic and
social development, right to a healthy environment, and right to cultural heritage,
intergenerational equity and sustainability.

A. BASIC PRINCIPLES OF HUMAN RIGHTS

- The Universal Declaration of Human Rights (UDHR) was proclaimed as “a common
standard of achievements for all peoples and all nations” – a product of collaboration
among all nation.
- The Core Principles of Human RIghts: Accountability, Universality, Inalienability, and
Indivisibility.

a. UNIVERSAL AND INALIENABLE

- The principle of Universality means that human rights apply to everyone simply by
virtue of their being human.
- Human rights are rights to be claimed and enjoyed by all, arising out of their inherent
nature as entitlements by virtue of being human beings.
- Political Universality – States have accepted human rights and fundamental freedoms
and their concomitant duty to protect the same.
- The principle of inalienability is related to the inherent dignity of all persons – dignity
being a necessary prerequisite to the full realization and enjoyment of one’s rights and
freedoms.

b. INTERDEPENDENT AND INDIVISIBLE

- The principle of interdependent and indivisible means that the implementation of all
rights simultaneously is necessary for the full-functioning of the human rights system.
- Human rights cannot be fully implemented or realized without fully realizing all other
rights – the promotion and protection of one strengthens the promotion and protection
of others, while curtailment of one likewise weakens the others’ capacity to be realized.
- Human rights cannot be parceled out, as they are all necessary pillars to a person’s
ability to exercise his or her fundamental freedoms and attain self-actualization.

c. EQUAL AND NON-DISCRIMINATORY

- Despite differences, all human beings are equal, and all are entitled to their rights and
freedoms.

d. RIGHTS AND OBLIGATIONS

- Human rights exist as a right-duty correlative.
- There are the right-holders – individuals or groups that are entitled to claim and
exercise fundamental rights and freedoms.
- There are the duty-bearers – States, and in certain instances, non-state actors including
individuals – that assume obligations under human rights law.
- Individuals have the duty to exercise their rights only to the extent that it neither
infringe nor curtail the rights of others.

A. OBLIGATIONS OF STATES AS DUTY-BEARERS

- The dichotomy of positive and negative obligations no longer holds water. It seems
much more useful to regard all rights as interdependent and indivisible potentially
entailing obligations on the State.
- The obligations of States as duty-bearers are as follows: (a) the obligation to respect; (b)
the obligation to protect; and (c) the obligation to fulfill human rights and fundamental
freedoms.

a. OBLIGATION TO RESPECT
- The obligation to respect requires States to refrain from interfering with or curtailing the
enjoyment of human rights.
- States must not directly or indirectly create barriers to the realization of rights, either by
individuals or groups.

b. OBLIGATION PROTECT
- The obligation to protect means that States must protect individuals and groups against
human rights abuses.
- This includes protection against abuses committed by non-State actors, agents of
foreign States, and State agents acting in excess of their authority.

c. OBLIGATION TO FULFILL
- The obligation to fulfill requires States to take positive action to facilitate the enjoyment
of basic human rights.
- The obligation to fulfill is further divided into the following obligations:
- The obligation to facilitate – positive measures must be set in place by the State
to enable and assist the rights-holders in enjoying their rights.
- The obligation to provide – States must provide when an individual or group is
unable, for reasons beyond their control, to realize the rights themselves by the
means at their disposal.
- The obligation to promote – measures must be undertaken by the State to
create, restore, and maintain the conditions necessary for the fulfillment of the
right in question.
CHAPTER 2: HUMAN RIGHTS IN THE CONTEXT
OF INTERNIONAL LAW

- Understanding human rights under a legal framework responds to the demands for the
concrete protection of inherent natural rights.
- The shift to positive law also fixes these rights in an agreed written form.
- Realizing human rights requires laws and policies recognizing fundamental rights and
freedoms, as well as laying down the States’ corresponding duties.
- Consent is critical as far as these instruments are concerned – as while the multilateral
treaty-making process is legislative in objective, it is only contractual in method.

A. INSTRUMENTS: CONVENTIONS AND DECLARATIONS

- A convention under international law, sometimes referred to as a treaty or covenant, is
an international agreement concluded between States in written form and governed by
international law. It sets out specific rights and limitations.
- States Parties are bound by the duties and obligations expressed, and are further
obliged to perform said duties in good faith – a legal concept known as pacta sunt
servanda.
- States Parties are required to undertake to put into place domestic measures and
legislation compatible with their treaty obligations and duties.
- As a general rule, they are not permitted to invoke domestic law as justification for the
failure to perform a treaty.
- On the other hand, a declaration is a document that in itself is not legally binding. It is
often a means of stating general principles of international law.
- A declaration expresses the will, intention, or opinion when acting in the field of
international relations, often leading to treaties or customary international law.
- Conventions and declarations are instrument for the recognition and realization of
human rights and fundamental freedoms.

B. INSTRUMENTS AS BASES FOR RIGHT-DUTY CORRELATIVE

- To establish the rights-duty corrective under a human rights instrument, Brownlie
recommends the following evaluation framework:

a. NATURE OF THE INSTRUMENT

- The first question to be addressed is whether the instrument is a treaty or another form
of document.
- The usual terms for binding instruments are treaty, convention, pact, covenant,
protocol, or other similar language, so long as the document is an international
agreement concluded between States in written form and governed by international
law.
- Non Binding instruments are often called declarations, but may also be referred to as
guidelines, standards, principles, reports, comments, communications, statements, etc.

b. ENTRY INTO FORCE

- The instrument must have the required number of ratifying States Parties to have a
binding effect as formal international law.

c. SIGNATURE/RATIFICATION
- Signature and ratification goes into the consent of a State to be bound by the
instrument.
- In practice, it is often the case that signature must be followed by another act, such as
ratification – whereby a State establishes on the international plane its consent to be
bound by a treaty.
- It must be underscored that in cases where signature requires an additional step to
complete the expression of consent to be bound by a State, in the absence of the
additional step, the State has the obligation to refrain from acts which would defeat the
instrument’s object and purpose.

d. RESERVATIONS
- A reservation is a unilateral statement, however phrased or named, made by a State
whereby it purports to exclude or to modify the legal effect of certain provisions of the
treaty in their application to that State.

e. RETROACTIVITY
- As a general rule, international instruments are not retroactive in nature – which means
they cannot be applied or used as a basis for a right-duty correlative prior to their
effectivity.
- The exception is when there appears to be or it is established that the State Party had a
different intention, or if the obligations expressed in the instruments have attained the
status of customary international law prior to the effective date.
f. DOMESTIC LEGAL EFFECT AND SELF-EXECUTION
- The fact that a treaty has force in international law does not necessarily define its
effects in domestic law.
- Domestic legal effect is usually defined by domestic constitutional provisions and their
judicial interpretation.
- In the Philippines, treaties and international agreements require the concurrence of at
least two-thirds of all Members of the Senate to be valid and effective.

g. DEROGATION
- A derogation occurs when under particular circumstances, States are permitted to
temporarily suspend certain provisions concerning rights and obligations.
- Derogations have to be distinguished from limitations which are intrinsically related to
qualified rights – such as freedom of expression – as opposed to absolute rights – such
as freedom from torture – which provide for no possible restrictions and can never be
derogated from.
- The derogation mechanisms in Human Rights Law can only be invoked in case of public
emergency threatening the life of the nation, such as an armed conflict.
- Instruments often provide a procedure or set of standards for a valid derogation, and
failure to comply with the same may render it ineffective.
- A peremptory norm of general international law is a norm accepted and recognized by
the international community of States as a whole as a norm from which no derogation is
permitted and which can be modified only by a subsequent norm of general
international law having the same character.

h. EXHAUSTION OF DOMESTIC REMEDIES

- Most instruments provide that domestic remedies must first be exhausted before resort
to international mechanisms is made in cases of human rights violations.

C. INTERNATIONAL BILL OF HUMAN RIGHTS

- The following instruments are often referred to as the international bill of human rights:
- The Universal Declaration of Human Rights
- The International Covenant on Economic, Social, and Cultural Rights
- The International Covenant on Civil and Political Rights
- The Optional Protocol to the International Covenant on Civil and Political Rights
- The Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of death penalty.
CHAPTER 3: UNITED NATIONS AND HUMAN
RIGHTS BODIES

A. UNITED NATIONS BODIES

- Victims of human rights violations, despite limitations and criticisms, are able to
regularly speak at the United Nations Human Rights Council, or bring complaints about
violations of human rights treaties to Committees of experts.

a. UNITED NATIONS OFFICE OF HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR)

- The OHCHR is the lead UN agency in charge of providing support for States as they
comply with their human rights obligations as primary duty-bearers.
- The High Commission is mandated to promote and protect all human rights for all
people through a human rights programme that aims to ensure that the protection and
enjoyment of human rights is a reality in the lives of all people.
- It is tasked to safeguard the integrity of the three interconnected pillars of the UN –
peace and security, human rights, and development.
- The High Commission shall have the principal responsibility for the UN human rights
activities.
- Divisions:
- Thematic Engagement, Special Procedures and Right to Development Division:
in-charge of developing policies and providing support for capacity-building in
the different areas of human rights.
- Human Rights Council and Treaty Mechanism Division: in-charge of providing
substantive and technical assistance to the Human Rights Council, etc.
- Field Operations and Technical Cooperation Division: in-charge of implementing
field initiatives and has oversight over work in the field offices.
- OHCHR works with National Human Rights Institutions (NHRI) and civil society
organizations in promoting and protecting human rights.

b. UNITED NATIONS HUMAN RIGHTS COUNCIL

- The Human Rights Council is an intergovernmental body within the UN system,
responsible for the promotion and protection of all human rights around the globe.
- The HRC is made up of 47 states and those 47 states are elected for a three-year term
by the UNGA, providing with a comprehensive mandate to be responsible for promoting
universal respect for the protection of all human rights and fundamental freedoms for
all.
- It shall undertake a Universal Periodic Review (UPR), make recommendations with
regard to the promotion and protection of human rights.
- The HRC is composed based on equitable geographic distribution of seats.
- The HRC is a multilateral forum that checks on States’ compliance with their obligation
to promote and protect human rights in their respective countries.

B. PROCESSES AND MECHANISMS

- There are existing mechanisms through which the implementation by States of its
human rights obligations are strengthened, monitored, and reviewed.

a. ADVISORY COMMITTEE
- This focuses on providing evidence-based advice to the Human Rights Council,
- It delves into thematic issues with the objective of preparing implementable guidelines
for addressing human rights challenges all over the world.

b. UNIVERSAL PERIOD REVIEW

- This is a state-driven review mechanism where the human rights situation of all UN
Member States is assessed , founded on equal treatment.
- Its object is not simply to provide States an opportunity to declare the measures they
have taken to protect and promote human rights, it is also designed to identify gaps and
improve the overall human rights situation in their respective countries through
knowledge-sharing of best practices.
- The Universal Period Review occurs in cycles, each lasting for four and a half-year
periods.
- A Working Group conducts the review, without prejudice to any UN Member State
participating in discussions with the States being reviewed.
- Each review is assisted by a “Troika” – a group of three States, selected through draw
lots, that serves as rapporteur.
- Reviews are based on three documents: (1) information provided by the State under
review; (2) information contained in the reports of independent human rights experts
and groups; and (3) information from other stakeholders
- Upon completion of the review, the troika prepares an outcome report which
summarizes actual discussions.
- Once the report is finalized, it must be adopted by the Human Rights Council at a
plenary session and the reviewed States shall undertake to implement the
recommendations made in what is now known as the final outcome.
c. SPECIAL PROCEDURES OF THE HUMAN RIGHTS COUNCIL
- The Special Procedures of the Human Rights Council is comprised of independent
experts called special rapporteurs, independent experts, or working groups of five
members.
- They are mandated to report and advise on thematic or country-specific human rights
issues. They must uphold independence, efficiency, competence, and integrity through
probity, impartiality, honesty, and good-faith.
- Special Procedures may:
- Undertake country visits
- Act on individual cases of alleged violations and concerns
- Conduct thematic studies and convene expert consultations
- Engage in public advocacy and raise public awareness
- Provide advice for technical cooperation
- Country visits for the purpose of assessing the human rights situation in a specific
country requires an invitation from the said State.
- Communications pertains to instances where the allegations of the human rights
violations are brought to the attention of the Special Procedures.
- Working Visits are defined as in-country missions that not fact-finding but a mix
between technical assistance, mediation and the development of best practices, and
raise public awareness.

d. HUMAN RIGHTS COUNCIL COMPLAINT PROCEDURE

- It is a mechanism through which individuals and groups can bring allegations of large-
scale human rights violations before the HRC.
- It is a confidential procedure, designed to facilitate the cooperation of the State in
question.
- The submission process is:
- Victims/direct reliable knowledge of HRV
- Submits communications
- Screening by Working Group on Communications
- Ill-founded/anonymous communications are screened out
- Communications not rejected – transmitted to the State for its views
- Upon receipt of the complaint, the Chairperson of the Working Group on
Communications will conduct an initial assessment of admissibility based on the
following criteria:
- As a general rule, communication related to an HRV is admissible. Exceptions are:
 - Not manifestly politically motivated
- Factual description
- Language is not abusive
- Submitted by victims and with direct and reliable knowledge
- Not exclusively based on media results
- Not being dealt with by other bodies
- Domestic remedies exhausted/ineffective/unreasonably prolonged.
- Once the complaint passes initial screening, the following procedure shall take place:
- First Stage – Initial Screening: Standards of Admissibility
- Second Stage: Working Group on Communications – dismissal/complaint under
review/transmittal to working group on situations
- Third Stage: Working Group on Situations – discontinue/further
review/transmittal to HRC
- Fourth Stage: HRC – discontinue/under review (State/independent and highly
qualified expert)/recommend to OHCHR
- Second Stage: The Working Group on Communications will assess the merits of the
allegations in the complaint based on whether there appears to be a pattern of gross
human rights violations.
- Third Stage: It will assess the information available to support the allegation of gross and
large-scale human rights violations.
- Fourth Stage: It must examine the report and decide to either discontinue the
consideration of the situation.
- Following the principle of non-duplication, it must be underscored that this procedure
cannot be used if the case being considered is already being assessed or reviewed by
other accountability mechanisms under international law.

e. COMMISSIONS OF INQUIRIES AND FACT-FINDING MISSIONS

- It may be established in cases requiring gross violations of international human rights
law to be responded to.

f. EXPECT MECHANISMS
- It may be formed to provide research-based thematic advice to the HRC. They may
propose measures to the Human Rights Council, and provide technical assistance to
States with regard to the latter’s domestic policies.

C. OTHER TREATY-BASED BODIES

- There are 10 of such human rights treaty-based bodies:
- Committee on the Elimination of Racial Discrimination (CERD)
- Committee on Economic, Social and Cultural Rights (CESCR)
- Human Rights Committee (CCPR)
- Committee on the Elimination of Discrimination Against Women (CEDAW)
- Committee Against Torture (CAT)
- Committee on the Rights of the Child (CRC)
- Committee on Migrant Workers (CMW)
- Subcommittee on Prevention of Torture (SPT)
- Committee on the Rights of Persons with Disabilities (CRPD)
- Committee on Enforced Disappearances (CED)
CHAPTER 4: UNIVERSAL DECLARATION OF
HUMAN RIGHTS
- This is the primary human rights instrument.
- UDHR is not a treaty, nor an international agreement. It does not purport to be a
statement of law. It is a declaration of basic principles of human rights and freedom.
- It is a document that sets a common standard for the exercise and enjoyment of
fundamental freedoms, recognized as containing the fundamental norms of human
rights.
- The document was drafted by the first United Nations Commission on Human Rights,
then chaired by Eleanor Roosevelt.
- UDHR contains a Preamble and 30 articles.
- The Universal Declaration of Human Rights (UDHR) recognizes not only the civil and
political rights of a person but also his economic rights, such as employment, food,
shelter, social security, etc., social rights, and cultural rights. Solidarity rights are also
recognized in the Declaration.
- Many of the principles expressed in UDHR have evolved into customary international
law and are binding on all States even in the absence of a treaty.
- Impact or Significance:
o Forms part of customary international law
o Cause Government to rethink/rewrite Constitution and acknowledge the rights
laid down by the UDHR
o Adoption of International Covenants which are binding
o International Agreements / Major Treaties or Convention
o Reference of several laws and statutes across nations

Preamble
- The Preamble to the UDHR refers to the concepts of inherent human dignity and one
inalienable nature of human rights. It also called for inter-cultural consensus by
indicating that a common understanding of the rights and freedoms is to achieve
promotion of universal respect for and observance of human rights and fundamental
freedoms.
Notable declarations found in the Preamble of UDHR are:
(1) That human rights are inalienable rights of all members of the human family;
(2) The recognition of human rights is the foundation of freedom, justice, and peace in the
world;
(3) The freedoms of speech and belief as well as the freedom from fear and want are the
highest aspiration of the common people;
(4) Rebellion against tyranny and oppression is recognized as a last resort where human rights
are not protected.

Article 1
All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act
towards one another in a spirit of brotherhood.
- Everyone is free and we should all be treated in the same way
- Dignity is inherent in all people, and that all are equally entitled to claim and enjoy their
rights by virtue of this inherence.
- The freedom and equality are automatically recognized without distinction, qualification
upon birth of a person.
- All are born with reason and conscience and must act in accordance with the same and
with respect for others.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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. Furthermore, no distinction
shall be made on the basis of the political, jurisdictional or international status of the
country or territory to which a person belongs, whether it be independent, trust, non-self-
governing or under any other limitation of sovereignty
- Everyone is equal despite differences in skin color, sex, religion, language, political or
other opinion, national origin or other status.
- Principle of Non-Discrimination
- UDHR believed that the foundation of freedom, justice and peace in the world will be
achieved only through equal rights of men and women.
- Under no circumstance may distinction, discrimination, qualification, or exclusion based
on race, color, sexual orientation, language, belief, nationality, etc. be permitted in
enjoying and protecting rights and fundamental freedom.
Article 3
Everyone has the right to life, liberty and security of person
- Everyone has the right to life and to live in freedom and safety.
- Right to Life
- States have the obligation to respect, protect and fulfill said human rights, including
from non-state actors.
- This is the foundation of the prohibition against torture, arbitrary deprivation of liberty
and even death penalty.
- Right to life covers the right to a life with dignity.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited
in all their forms
- No one has the right to treat you as a slave nor should you make anyone your slave
- Freedom from slavery
- States have the obligation to ensure that all forms of slavery are proscribed and that
pathways of effective accountability are available.
- Freedom from slavery is a right that has been unapologetically violated through history
and it continues to be violated in all parts of the world.
- Modern day slavery includes debt bonded domestic and migrant workers, child
trafficking and sexual exploitation, sexual slavery.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
- No one has the right to hurt you or to torture you.
- Freedom from torture
- The prohibition of torture is absolute, though some States are able to avoid
accountability by taking measures to ensure non-discovery, or worse, legitimizing
torture through law and state policies.
Article 6
Everyone has the right to recognition everywhere as a person before the law
- Everyone has the right to be treated equally by the law
- Right to recognition before the law
- Birth registration
- Legal recognition strengthens the protection all peoples are entitled to.
- If an individual is not recognized as a person under the law, numerous rights including
one in the social and economic sphere may be threatened.
- States should establish a birth registration system
Article 7
All are equal before the law and are entitled without any discrimination to equal protection
of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration and against any
incitement to such discrimination
- The law is the same for everyone, it should be applied in the same way to all
- Right to Equality before the law
- The law is the same for everyone and must treat everyone in all these categories fairly.
- Non state actors such as employers and academic institution are also responsible fulfill
everyone’s rights to equality and non-discrimination. This responsibility is not just for
the state as the duty bearer.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
- Everyone has the right to ask for legal help when their rights are not respected
- Right to effective remedy
- One of the pillars of due process
- State has the obligation to ensure that mechanisms and pathways for justice are
available, efficient, and effective.
- Remedies for human rights violation: Monetary remedies

Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
- No one has the right to imprison you unjustly or expel you from your own country
- Freedom from arbitrary detention
- One of the pillars of right to due process
- Arbitrary of unlawful detention occurs when an individual is arrested and detained by a
government without due process and without the legal protection of a fair trial.
- When one is arrested or detained based on valid and legal grounds, his or her human
rights are not automatically suspended. So the State should set out its own standards of
checks to ensure that they do not exceed their authority and do not violate fundamental
rights and freedoms.

Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.
- Everyone has the right to a fair and public trial.
- Right to a Fair Trial or right to public hearings
- Hallmark of fair trial include the right to be present in court, to have speedy public trial
before an independent and impartial court and to have a lawyer of one’s choice or one
provided at no cost. Right to be presumed innocent until proven guilty, and the right not
to be compelled to testify against yourself.
- Fair trial is not simply about the existence of institutions and processes. It requires non
politicization of the mechanisms, the impartiality of members of the justice sector and
the reasonableness of the penalty.

Article 11
(1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence,
under national or international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal offence was
committed.
- Everyone should be considered innocent until guilt is proved.
- Presumption of Innocence and Freedom from Ex post Facto Law
- Non retroactive effect for crimes and penalties
- Ex post facto - criminal statute that punishes actions retroactively, thereby criminalizing
conduct that was legal when originally performed

Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or attacks.
- Everyone has the right to ask for help if someone tries to harm you, but no one can
enter your home, open your letters or bother you or your family without a good
reason.
- Right to Privacy
- This is considered a gateway right that reinforces other rights, online and offline.
- Privacy helps us establish boundaries to limit who has access to our bodies, places and
things, as well as our communications and our information.
- This right must be subjected to a higher standard of protection as laws become
weapons of legitimization for what would otherwise be violations of human rights.
Article 13
(1) Everyone has the right to freedom of movement and residence within the borders of
each state.
(2) Everyone has the right to leave any country, including his own, and to return to his
country.
- Everyone has the right to travel as they wish
- Freedom of movement
- In some countries, their law does not allow women to have freedom of movement the
way men do.
- Countries can limit the freedom of people on their territory (just like what happened
this pandemic), but there must be an overriding public interest.
- It is related to the obligation of the State as duty bearer to ensure that any limitations
are founded on law and for benefit of the right holders.
Article 14
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.
- Everyone has the right to go to another country and ask for protection if they are
being persecuted or are in danger of being persecuted.
- Right to seek asylum from persecution
- Asylum - form of protection which allows an individual to remain in the States instead
of being removed (deported) to a country where he or she fears persecution or harm
- This recognizes the universal right of a person to seek protection in another State in the
face of any forms of prosecution.
- This article was a direct result of the World War II Holoucast. It is still relevant up to this
day since numerous events in world history since then have led to the necessity of not
just recognizing but realizing these rights.
- LIMITATION: Right to asylum may not be invoked to avoid legitimate prosecutions that
are either not political in nature or crimes that run against the principle of UN.
Article 15
(1) Everyone has the right to a nationality.
 (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality
- Everyone has the right to belong to a country. No one has the right to prevent you
from belonging to another country if you wish
- Right to Nationality
- This has become relevant due to increasing cases of statelessness, forced migration due
to climate change and political prosecution
Article 16
(1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
- Everyone has the right to marry and have a family
- Right to Marry and found a family
- This right was a response to Nazi laws proscribing inter-racial marriages.
- In this article, it specifically provides “men and women” its because the drafters wanted
to ensure that women had the equal right to marriage and dissolution as men.
- The mentioning in this article of full age and free and full consent are protection
mechanism against forced and child marriages.
Article 17
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
- Everyone has the right to own property and possessions.
- Right to own a property
- In some countries, women face legal constraints in owning properties and having the
resources to live in prosperity.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.
- Everyone has the right to practice and observe all aspects of their own religion and
change their religion if they want
- Freedom of thought and Religion
- This right protects theistic, non-theistic and atheistic believers as well as those who do
not profess any religion of belief.
- Sometimes, religion became the basis for discrimination, exclusion or sometimes
violence. Persecution because of religion are sometimes even legitimized by States
through its own laws.
- Separation of church and state - prohibits the State from interfering in Church matters,
and prohibits the State from having a State religion
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.
- Everyone has the right to say what they think and to give and receive information.
- Freedom of Opinion and Expression
- This is a necessary pillar of democracy – the ability to engage in discourse that would
benefit the society, to provide a check on the State to ensure that they act in
accordance with their duty and obligations, and the freedom to be one’s own person
without fear of persecution.
- LIMITATION: Hate speech, child pornography, perjury, incitement to violence and all
other forms of speech that run contrary to laws.
- Role of mass media is also part of the right recognized in this article. Press freedom is
important weapon against tyranny and oppression.
Article 20
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
- Everyone has the right to take part in meetings and to join associations in a peaceful
way.
- Freedom of Assembly and Association
- The State should protect this right and more importantly it has the duty to facilitate this
right, and it should not suppress dissent and should abolish structural restrictions that
would curtail the exercise of the right to assembly.
Article 21
(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall be held by secret vote or
by equivalent free voting procedures
- Everyone has the right to help choose and take part in the government of their
country.
- Democracy and the right to political participation
- Everyone has the right to take part in government as one of the fundamental principles
of democracy.
- Everyone has the right to suffrage, right to access and freely utilize mechanisms for
policy discussions.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and
international co-operation and in accordance with the organization and resources of each
State, of the economic, social and cultural rights indispensable for his dignity and the free
development of his personality.
- Everyone has the right to social security and to opportunities to develop their skills.
- Right to Social Security
- Social assistance can include cash transfers, often referred as social safety net that helps
people, especially the poor to like find job and provide for their families and educate
their children.
- State must provide the social structures necessary to ensure that economic and social
rights are realized.
Article 23
(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his
interests.
- Everyone has the right to social security and to opportunities to develop their skills.
- Right to work
- This pertains to right to make a living freely with conditions consistent with the
standards of human rights.
- Aside from general right to work, it covers the recognition of the right to equal pay for
equal work, fair pay that will allow one to have a dignified life. Also covers the right to
associate to protect workers’ right.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay
- Everyone has the right to rest and leisure.
- Right to rest and leisure
- This is basically mean that everyone has the right not to be overworked.
- There should be reasonable work hours, and time for leisure and rest.
- State should also protect the mental health of the employees. Compassion and
reasonable work operations are necessary on the part of the State and
companies/employers.
Article 25
(1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection
- Everyone has the right to an adequate standard of living and medical help if they are
ill.
- Right to adequate standard of living
- This pertains to right to health, food, shelter and social protection.
- Deprivation of economic and social rights are being experienced by right holders.
Because of hunger, poverty, homelessness and unemployment if affects the quality of
life of an individual and it leads to inability to engage in civil and political participation in
the society.
Article 26
(1) Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children
- Everyone has the right to an adequate standard of living and medical help if they are
ill.
- Right to Education
- It is compulsory for the State to provide free primary education.
- Education is not limited to children as education is a tool of empowerment that should
be made available to everyone regardless of conditions.
Article 27
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy
the arts and to share in scientific
advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic
production of which he is the author.
- Everyone has the right to share in their community’s cultural life
- Right to Cultural, Artistic and Scientific life
- This pertains to the right to participate in cultural life.
- Wars utilized deliberate destruction of cultural heritage leading to eventual legal
recognition of destroying history and cultural sites as a war crime.
- This also talks about climate change and the effect to human security environmental
protection
- It also recognize the right to be credited for one’s own work – ensuring the necessary
condition for everyone to continually engage in critical thinking
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully
realized.
- Everyone must respect the ‘social order’ that is necessary for all these rights to be
available
- Right to a Free and Fair World
- Also known as right to social and international order
- This right is recognized as an essential aspect of creating a world where everyone has
the ability to improve their lives and to live in a peaceful world.
Article 29
1) Everyone has duties to the community in which alone the free and full development of
his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.
- Everyone must respect the rights of others, the community and public property.
- In provides that right holders also have the duty to protect the rights and freedom of
other people. This is necessary in order to ensure the “social balance and harmony.”
- This provide limitation in the exercise of one’s right and freedom.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any of
the rights and freedoms set forth herein.
- No one has the right to take away any of the rights in this declaration.
- Salvatory clause
- Referred to as limits on tyrants
- This reiterates the inalienability and indivisibility of human rights, that all rights must be
taken together as infringement of one will have an effect on the other.
- It is also a recognition that as right holders, everyone are entitled to claim and exercise
their rights and freedom free from interference.
CHAPTER 5: INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS

 In order to make human rights an instrument effectively shaping the lives of individuals
and nations, more than just a political proclamation was needed.
 A general agreement that the substance of the Universal Declaration should be
translated into the hard legal form of an international treaty was made.
 The General Assembly reaffirmed the necessity of complementing, traditional civil and
political rights with economic, social and cultural rights, since both classes of rights were
“interconnected and interdependent.”
 It was claimed that the implementation process could not be identical, economic and
social rights partaking more of the nature of goals to be attained whereas civil and
political rights had to be respected strictly and without any reservations.
Resolution 543 (VI) of 4 February 1952

 The General Assembly directed the Commission on Human Rights to prepare, instead of
just one Covenant, two draft treaties
1. A Covenant setting forth civil and political rights
2. A parallel Covenant providing for economic, social and cultural rights.
Resolution 2200 (XXI) of 16 December 1966

 The two Covenants were adopted by the General Assembly by consensus, without any
abstentions.
The ICCPR comprises all of the traditional human rights as they are known from historic
documents:

 The First Ten Amendments to the Constitution of the United States (1789/1791)
 The French Déclaration des droits de l’homme et ducitoyen (1789)
 Multilateral treaty adopted by the United Nations General Assembly
 December 16, 1996- adopted resolution 2200 A (XXI)
 March 23, 1976- took effect
 Monitored by the United Nations Human Rights Committee
 Has 74 signatories and 167 parties
 Follows the structure of the UDHR and ICESCR
 Consists of a preamble and 53 articles which are divided into 6 parts
 Purpose: commits its parties to respect the civil and political rights of individuals.
 Right to life
 Freedom of religion
  Freedom of speech
 Freedom of assembly
 Electoral rights
 Rights to due process and fair trial

Preamble
- Recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world,
- In accordance with the Universal Declaration of Human Rights, the ideal of free human
beings enjoying civil and political freedom and freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy his civil and political
rights, as well as his economic, social and cultural rights.
- Responsibility to strive for the promotion and observance of the rights recognized in the
present Covenant.
Article 1
- Right of self-determination which is considered to be the foundational stone of all
human rights
- Recognizes the right of all peoples to self-determination
- Self determination includes the right to choose your political status and affiliations,
capacity to pursue one’s economic, social and cultural development free from
interference.
- Right of people not to be deprives of its means of subsistence.
- Imposes an obligation on those parties still responsible for non-self-governing and trust
territories (colonies) to encourage and respect their self-determination.
Article 2
Several obligations under ICCPR:
1. General obligation of the States to facilitating realization of rights, including promotion
of universal respect for and observance of human rights and fundamental freedoms and
Pact Sunt Servanda “treaties shall be complied with”
- Every state is duty bound to respect all civil and political rights to all individuals within
its territory and jurisdiction. Should be done by all branches of the government.
- The word undertake means it is immediately demandable.
- Restriction on civil and political rights may be done only when:
a. The restriction is permissible under ICCPR
b. There is necessity for such restriction relevant circumstances
c. Restriction is limited to measures proportionate for achieving defined aims
 d. Restriction will not impair the essence of ICCPR
2. Coverage: Territory/Jurisdiction
- State Parties must respect and ensure the civil and political rights of everyone within
their respective territories.
- Enjoyment of Covenant rights is not limited to citizen of state parties but must also be
available to all individuals, regardless of nationality and statelessness.
3. Non-discrimination
- Discrimination should be understood to imply any distinction, exclusion, restriction or
preference
- But there are times that differentiation of treatment is permitted, even if it amounts to
discrimination, provided that the differentiation is reasonable, objective and for
legitimate purpose consistent with ICCPR.
4. Available and Effective remedy
- State parties should ensure that there are available accessible and effective remedies to
right holders should there be violation of their civil and political rights.
Article 3
- Equality of Rights between Men and Women
- All persons must be able to fully exercise and enjoy their rights on an equal basis.
- State must facilitate the equality and non discrimination through the removal of barriers
and adoption of positive and protective measures ensuring this right.
Article 4
- Derogations is when States are permitted to limit certain provisions concerning rights
and obligations under very particular circumstances.
- In public emergencies, ff must apply to any derogations:
1. Public emergency must be threatening to the life of the nation.
2. Public emergency must be officially proclaimed
3. Should be non derogable rights under ICCPR (right to life, freedom from torture,
freedom from slavery, prohibition form imprisonment from breach of contract, non
retroactivity of criminal law, right of recognition as a person before the law, freedom
of thought, conscience and religion)
4. Derogation must be strictly limited to the extent necessitated by the exigencies of
the situation
5. Measures to implement derogation are consistent with the state’s obligation under
international law
6. Derogation must not involve discrimination based on race, color, gender, language,
etch.
7. State must inform other state of such derogation and the reason of the same
- Not all public emergencies are of the nature that this article may be invoked as a basis
for derogation
Article 5
- This article is an additional parameter for the recognition of these rights in the ICCPR.
- This provides that no one should be permitted to weaponized his/her rights against the
rights of others.
- State parties must balance competing rights within the framework of human rights
being universal, indivisible, interdependent and interrelated.
Article 6
- Recognizes the individual's "inherent right to life" and requires it to be protected by law.
- It is a "supreme right" from which no derogation can be permitted and must be
interpreted widely.
- It therefore requires parties to take positive measures to reduce infant mortality and
increase life expectancy, as well as forbidding arbitrary killings by security forces.
- While Article 6 does not prohibit the death penalty, it restricts its application to the
"most serious crimes" and forbids it to be used on children and pregnant women or in a
manner contrary to the Convention on the Prevention and Punishment of the Crime of
Genocide.
- The UN Human Rights Committee interprets the Article as "strongly suggest[ing] that
abolition is desirable” and regards any progress towards abolition of the death penalty
as advancing this right. The Second Optional Protocol commits its signatories to the
abolition of the death penalty within their borders
- Right to life also provides that State Parties must ensure the societal conditions of the
people as a whole does not enable acts that threaten or cause harm to human life. So
State must create the conditions necessary to facilitate the enjoyment of the right to
life.
Article 7
- Prohibits torture and cruel, inhuman or degrading punishment. As with Article 6, it
cannot be derogated from under any circumstances. The article is now interpreted to
impose similar obligations to those required by the United Nations Convention Against
Torture, including not just prohibition of torture, but active measures to prevent its use
and a prohibition on refoulement.
- In response to Nazi human experimentation during WW2 this article explicitly includes a
prohibition on medical and scientific experimentation without consent.
- This is absolute and accepts no exceptions, even in cases of public emergency.
- Includes physical and mental suffering, corporal punishment such as excessive
chastisement.
Article 8
 - Prohibits slavery and enforced servitude in all situations. (This is also considered as
customary international law)
- The article also prohibits forced labour, with exceptions for criminal punishment,
military service and civil obligations.
- Absolute prohibition against slavery is non-derogable, even in times of public
emergency
 A non-derogable right is one whose infringement is not justified under any
circumstances, generally right to life and freedom from torture, inhuman, or
degrading treatment.
- Modern slavery forms: forced labor, debt bondage, abuse of migrant workers,
trafficking, forced prostitution, child prostitution, sexual slavery, forced marriage
and sale of wives, child labor and servitude, and trafficking in human organs.
- This article also prohibits being held in servitude
- UN has deemed servitude as a term covering “certain forms of slavery, same as what
imposed on prisoners of war by the Nazis.” However, states are free to define servitude
in their domestic jurisdictions.
Article 9
- Recognizes the rights to liberty and security of the person.
- Liberty of a person under this provision pertains to freedom from bodily confinement.
- Security of person is not limited to situations where one’s liberty has been curtailed. The
right to be protected from intentional infliction of bodily of mental injury extends to all
regardless whether one is in detention or not.
- It prohibits arbitrary arrest and detention, requires any deprivation of liberty to be
according to law, and obliges parties to allow those deprived of their liberty to challenge
their imprisonment through the courts.
- These provisions apply not just to those imprisoned as part of the criminal process, but
also to those detained due to mental illness, drug addiction, or for educational or
immigration purposes.
- Right to liberty is not an absolute right. What this article prohibit is the arbitrary or
unlawful arrest.
- There is arbitrariness when the arrest is made inappropriately, with injustice and absent
due process of law. Unlawfulness exists when the arrest is made without legal basis.
Articles 9.3 and 9.4 impose procedural safeguards around arrest, requiring anyone arrested to
be promptly informed of the charges against them, and to be brought promptly before a judge.
It also restricts the use of pre-trial detention, requiring that it not be 'the general rule’
Article 10
- Requires anyone deprived of liberty to be treated with dignity and humanity.
- Persons deprived of liberty shall continue to enjoy all the rights mentioned in ICCPR
 - This applies not just to prisoners, but also to those detained for immigration purposes or
psychiatric care.
- The right complements the Article 7 prohibition on torture and cruel, inhuman or
degrading treatment.
- The article also imposes specific obligations around criminal justice, requiring prisoners
in pretrial detention to be separated from convicted prisoners, and children to be
separated from adults. It requires prisons to be focused on reform and rehabilitation
rather than punishment.
Article 11
- Prohibits the use of imprisonment as a punishment for breach of contract.
- This is non derogable even in times of public emergency.
Article 12
- Guarantees freedom of movement, including the right of persons to choose their
residence, to leave and return to a country.
- The use of the word EVERYONE - these rights apply to legal aliens as well as citizens of a
state, and can be restricted only where necessary to protect national security, public
order or health, and the rights and freedoms of others.
- The article also recognizes a right of people to enter their own country; the right of
return.
- The Human Rights Committee interprets this right broadly as applying not just to
citizens, but also to those stripped of or denied their nationality.
- They also regard it as near-absolute; "there are few, if any, circumstances in which
deprivation of the right to enter one's own country could be reasonable"
Article 13
- forbids the arbitrary expulsion of resident aliens and requires such decisions to be able
to be appealed and reviewed.
- This article regulates the provision on the sovereign right of a State to expel non-
citizens.
- GR: Alien sought to be expelled may have his/her case reviewed by competent authority
and present reasons against his/her expulsion. However, the subject of the review will
pertain to arbitrariness of the application of the laws of the concerned party.
Article 14
- Recognizes and protects a right to justice and a fair trial.
- It provides for procedural safeguard for the proper administration of justice and
upholding the rule of law
- Not included in Article 4 as part of the list of non derogable rights
Article 14.1 establishes the ground rules
- Everyone must be equal before the courts, and any hearing must take place in open
court before a competent, independent and impartial tribunal, with any judgment or
ruling made public.
- Closed hearings are only permitted for reasons of privacy, justice, or national security,
and judgments may only be suppressed in divorce cases or to protect the interests of
children. These obligations apply to both criminal and civil hearings, and to all courts
and tribunals.
Article 14.3
- Mandates that litigants must be informed promptly and in detail in a language which
they understand.

- The rest of the article imposes specific and detailed obligations around the process of
criminal trials in order to protect the rights of the accused and the right to a fair trial.
- It establishes the Presumption of innocence and forbids double jeopardy.
- It requires that those convicted of a crime be allowed to appeal to a higher tribunal and
requires victims of a Miscarriage of justice to be compensated.
- It establishes rights to a speedy trial, to counsel, against self-incrimination, and for the
accused to be present and call and examine witnesses
Article 15
- Prohibits prosecutions under Ex post facto law and the imposition of retrospective
criminal penalties, and requires the imposition of the lesser penalty where criminal
sentences have changed between the offence and conviction.
Ex post facto law refer to a criminal statute that punishes actions retroactively, thereby
criminalizing conduct that was legal when originally performed
- This is absolute right, but except acts that are criminal according to general principles of
law recognized by international community. (jus cogens)
Article 16
- Requires states to recognize everyone as a person before the law
- State must ensure that before the court, the rights of everyone to equality is protected
and the law must not be discriminatory.
Article 17
- State parties must protect all person from interferences or attack from both state actors
and private persons.
- State must put in place through legislation valid mechanism, protection as well as
pathways for accountability in the event of violations.
- Right to privacy and freedom against arbitrary or unlawful interference
- Should a search of a persons home is conducted, it should only be limited to a search for
specific and necessary evidence and not for the purpose of harassment or threatening
to the safety of a person.
- In case of body search by authority, it should be conducted by same sex.
- Article 17 also protects people against unlawful attacks to their honor and reputation.
- Article 17 (2) grants the protection of the law against such attacks.
CHAPTER 6: INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL

- The International Covenant on Economic, Social and Cultural Rights (ICESCR) was
adopted on December 16, 1966 by the UN General Assembly and entered into force ten
years later. The ICESCR, together with the Universal Declaration of Human Rights
(UDHR) and the International Covenant on Civil and Political Rights (ICCPR), constitute
the International Bill of Human Rights.
- The ICESCR defines a broad set of rights related to the economic, social, and cultural
elements of life that states must provide to their citizens.
- Specific rights relate to:
o Housing
o Education
o Labor
o Environment
o Health
o Cultural rights (including language and religion)
o Self-determination
- Ratified by 171 States, signed by 4 states, not acted upon by 22 states
- Committee on Economic, Social and Cultural Rights is the body in charge of monitoring
the implementation of ICESCR.
- ISCESR also requires state parties to submit reports on their implementation of the
Covenant. Initially, the Economic and Social Council (ECOSOC) of the UN was responsible
for the review of state parties’ reports. However, in 1985, the ECOSOC established the
Committee on Economic, Social, and Cultural Rights (“the Committee”) to assume all
monitoring functions of the implementation of the ICESCR
Preamble
- Not only States are responsible for promoting, respecting and observing human rights,
since it is also the role of the individuals being a duty bearer.
Article 1
- This is a recognition of the right of self determination
- Self determination is the ability of people to control their destiny.
- All people have the right of self determination, including the right to determine their
political status and freely pursue their economic, social and cultural development.
- This is an essential condition for the effective guarantee and observance of individual
human rights and for the promotion and strengthening of those rights.
 - In this Article, the State has the negative obligation of not depriving people of their own
means and subsistence. And a positive obligation to respect the rights of self
determination.
Article 2
- Each State Party undertakes to take steps to the maximum of its available resources to
achieve progressively the full realization of the rights in this treaty.
Everyone is entitled to the same rights without discrimination of any kind.
- Progressive realization is the key aspect of the States obligations on the economic,
social and cultural rights front. This means that States parties are not obligated to
realize these rights immediately; rather, States may fulfill these economics’ social and
cultural rights over time.
- Because not all states have the resources
- The article has 2 obligation that state party must undertake
1. Obligations of conduct – State must undertake to take steps all appropriate means
to facilitate the realization of the rights recognized in the covenant. Long term plan
of the state.
2. Obligations of result – progressive realization comes when assessing the result that
is intended to be achieved and that is the full realization of economic , social and
cultural rights.
Article 3
- The States undertake to ensure the equal right of men and women to the enjoyment of
all rights in this treaty.
- The equal right of men and women is founded on the fundamental principle of inherent
dignity and equality of all people. Because of the continued inequality curtailing the
ability to fully enjoy human rights because of gender, it necessitates an even greater
need to recognize the equal footing of all people.
- State parties should ensure that measures are in place for both formal and substantive
equality.
- Formal equality assumes that equality is achieved if a law of policy treats means and
women in a neutral way. Substantive equality is concerned with the effect of law,
policies and practices and with ensuring that they do not maintain but alleviate the
disadvantages the particular group experience.
- State should also eliminate laws and policies that are gender bias.
Article 4
- Limitations may be placed on these rights only if compatible with the nature of these
rights and solely for the purpose of promoting the general welfare in a democratic
society.
 - State parties may unilaterally but temporarily derogate from some of their obligations in
this covenant.
- Requisites for valid derogation:
1. Should be provided in a valid domestic law
2. To promote general welfare of a democratic society
3. Should not be incompatible with the rights protected in ICESCR
Article 5
- No person, group or government has the right to destroy any of these rights.
- Under no circumstances may the provisions of this covenant be used by anyone to
destroy or to limit the rights and liberties recognized in this treaty.
- This also prohibits restriction or derogation within the state party’s jurisdiction on the
ground that domestic law permits the same. It would amount to human rights violation.
Article 6
- Everyone has the right to work, including the right to gain one's living at work that is
freely chosen and accepted.
- The right to work and livelihood is recognized as an essential element for the realization
of other human rights.
- This right is inseparable from human dignity, as work contributes to the survival of a
person and his/her family.
- This also covers the protection against being forced to engage in employment against
one’s will and the right not to be unfairly deprived of livelihood.
- Work contemplated here must be a decent work, that every person must be able to
work under safe condition that protects their physical and mental integrity and with fair
renumeration.
OBLIGATION OF THE STATE
- Availability of work means – State should create specialized services to assist and
support individuals in order to enable them to find employment.
- Accessibility of work means – State must ensure that the labor market is open to
everyone under its jurisdiction, and it should eliminate employment related
discrimination, physical accessibility, and access to and freedom to impart information
regarding the employment market.
- Acceptability and quality of work means – State must ensure just and favorable work
conditions and guarantee the freedom to form trade unions and right to choose work
freely.
- State must ensure that mechanism for redress and accountability are in place in cases
involving violations of the right to work.
Article 7
- Everyone has the right to just conditions of work; fair wages ensuring a decent living for
himself and his family; equal pay for equal work; safe and healthy working conditions;
equal opportunity for everyone to be promoted; rest and leisure.
Right to Just and Favorable Conditions of Work
- This is prerequisite for the enjoyment of other rights. Example, right to highest
attainable standard of physical and mental health by avoiding occupational accidents
and disease.
- Right applies to everyone, thus State shall ensure that discrimination is prohibited.
- The mentioning of “in particular” means that other elements, not explicitly referred to
are also relevant.
Obligation of State Parties to Guarantee
1. Equal renumeration and Fair Wages
o Renumeration includes wage, salary, allowance, health insurance contribution,
housing and food allocation,
o Minimum means ICESCR by no means limits effort to go above and beyond the
standards set in this provision as long as the state meets the minimum criteria
for fair wages, equal renumeration for equal value without distinction of any
kind, in particular women not inferior to those enjoyed by men, with equal pay
for equal work.
o Fair wages – This is not static. It depends on a range of non exhaustive objective
criteria. It reflect not only the output of work but also the responsibilities of the
employees, level of skills and education, impact of work to health and safety of
the worker.
o State must also ensure that the minimum renumeration is sufficient to provide
for decent living.
2. Safe and Healthy Working Conditions
o State must put in place labor laws and policies to prevent occupational injuries,
accidents and disease.
o Policies in place must include both preventive and curative measures.
o State also must ensure that violations of safety and healthy working conditions
are penalized, and victims are compensated.
3. Equal opportunity to be promoted
o Everyone has the right to be promoted based on fair, merit-based process.
o Everyone should also be free from illegal termination because of joining trade
union or political activity.
4. Rest, Leisure, Reasonable Limitation of Working Hours and Periodic Holidays
o Work and life balance
 o This also gives protection against work related stress and to minimize risk of
accidents and sickness in the workplace.
o State parties must ensure that individuals are protected from exclusion,
stigmatization, discrimination, or social isolation by the employer.
Article 8
- Everyone has the right to form and join trade unions, the right to strike for the
promotion and protection of his or her economic and social interest.
- Trade unions also has the right to establish national federation and the protection from
unreasonable interference.
- This article also provides for the parameters of the State to limit the right to form union
and join trade union.
- Exercise of the right to form union may ONLY BE restricted for purposes of national
security, public order, or protection of the rights and freedom of others, which must be
in keeping with the values of a democratic society and in all cases must be provided in
the domestic law
- State parties may impose lawful restrictions on the exercise of the right of those who
belong to armed forces, law enforcement and government agencies.
Article 9
- Everyone has the right to social security, including social insurance.
- This is to guarantee human dignity for all persons when they are faced with
circumstances that deprive them of their capacity to fully realize their rights under this
covenant.
- It is a tool for poverty reduction as this guarantees that all persons should be provided
minimum set of benefits that would facilitate one’s enjoyment of his/her human rights.
- This includes the right to freedom from unreasonable restrictions to social security
coverage and the right to adequate protection against social risks.
- State should implement a comprehensive social security coverage that will cover all
situations that may put at risk one’s ability to earn as well as to allow the maintenance
on adequate living standards, with minimum standards such as medical care, sickness
and unemployment benefits, retirement benefits, maternal benefits, etc…
- 4 elements of right to social security:
1. Availability – this is the system created by domestic law for the effective
implementation of social security
2. Social risk and contingencies – Social security system must provide coverage for
health care, sickness, old age, unemployment, employment injury, family and child
support, maternity, disability and survivor and orphan
3. Adequacy – Social security benefit must be adequate to facilitate the enjoyment of
one’s right to protection and assistance.
 4. Accessibility – pertains to coverage, eligibility, affordability, participation and
information, and physical access.
 Coverage – must cover all person most especially the marginalized in the
society
 Eligibility – requires that the condition for accessing benefits must be
reasonable
 Affordability – contributions should be stipulated in advance and is within
means
 Participation and information – right of a person to seek, receive and share
information regarding social security right transparently.
 Physical access – Social security must be timely provided and physically
accessible to all
Article 10
- Protection and assistance should be accorded to the family. Marriage must be entered
into with the free consent of both spouses. Special protection should be provided to
mothers. Special measures should be taken on behalf of children, without
discrimination. Children and youth should be protected from economic exploitation.
Their employment in dangerous or harmful work should be prohibited. There should be
age limits below which child labor should be prohibited.
- This provides protection and assistance to family such as the right to enter into marriage
freely.
- It is the duty of the state to ensure special protection are given to mothers before and
after childbirth, include paid leave and other social security benefits.
- Non discrimination to children, state must ensure to adopt mechanism, to prevent
economic and social exploitation of children. Work that exposes children to harm should
be penalized by law.
Article 11
- Everyone has the right to an adequate standard of living for himself and his family,
including adequate food, clothing, and housing. Everyone has the right to be free from
hunger.
Right to an adequate standard of living
- Includes right to adequate food, clothing and shelter and water
Right to an adequate clothing and Shelter
- Person’s ability to live somewhere secure, peaceful and dignified.
- Shelter does not refer to merely having roof over one’s head. Shelter shall be deemed
adequate if it provides security, affordability and habitability.
- Security means legal security of tenure in the accommodation, guaranteeing protection
against forced eviction, harassment, and threats.
Right to Water
- This is considered as an indispensable element of a dignified life.
- Water is important to food production, as well as livelihood.
- Adequacy means availability, quality and accessibility
Availability – water supply must be sufficient and continuous for personal and domestic
uses
Quality – water must be free from harmful microorganisms, chemical substance that
threatens one’s health and life
Accessibility – Includes physical accessibility, economic accessibility, non-discrimination
particulary against the vulnerable sectors

Right to food and food security

- Right to food is understood in 2 ways
1. A legal concept under international human rights law system
2. Actual demand for access for food survival
- In order to provide a person a dignified life, right to food must not be taken in isolation.
- This should be considered alongside principle of social justice, economic measures and
overall legal agenda.
- 1974, World food conference defined food security – availability of adequate food to
sustain the steady expansion of food consumption. At that time, there was a rise in
production of staple food to keep up with the global demand, due to population growth
and unpredictability of food prices.
- 1980 – It was realized that the real problem behind food insecurity is the poverty and
lack of access to adequate food.
- 1990 – FAO created 3-pronged framework for food security
1. Food availability
2. Supply stability
3. Access
- Right to food is linked to livelihood rights and right to adequate standard of living. Since
work opportunities are the means through which people are able to enjoy an adequate
standard of living and that means “not living in hunger”
- State Parties must ensure
Availability – resource must be available in sufficient quantity
Accessibility – resource must be physically and economically accessible to all
 Adaptability – resource be culturally and socially acceptable within the context of local
society.
Quality – Resource is appropriately safe and of the proper standard.
Article 12
- Everyone has the right to the enjoyment of the highest attainable standard of physical
and mental health.
- This provides that right to health since health is fundamental for the realization of all
other rights. It applies to all and does not permit distinction or discrimination.
- Right to health includes sexual and reproductive freedom and right to be free from
interference such as right to be free from torture and non consensual medical
treatment.
- Everyone should have access to healthcare.
- State are duty bound to ensure the ff:
1. Maternal, child and reproductive health
2. Healthy workplace and natural environment
3. Preventions, treatment and control disease and access to essential medicine
4. Universal access to medical service
- This is not exhaustive list of the obligation of the State.
Availability – there should be effective and functioning facilities and services available on
public health
Accessibility – everyone should have physical and economic access to the health facilities,
services and programs without distinction and discrimination
Acceptability – that the services and programs are medically ethical and appropriate
culturally and scientifically approved.
Article 13
- Everyone has the right to education. Primary education should be compulsory and free
to all.
- This right is indispensable to the development of a person. It is a tool of empowerment
particularly for people in the marginalized sector.
- Two parts of right to education – 1. Enhancement of access to education 2. Freedom to
choose the type and content of education
- This right allows for progressive realization
- State should ensure that the education system is available, accessible, acceptable and
adaptable.
- This must extend to all levels. But government should prioritize the introduction of
compulsory and primary education.
 Availability – educational institutions and programs are of sufficient quality to provide for
the needs of the State
Accessibility – includes physical and economic accessibility to educational institutions
Acceptability – the form and substance of education must be relevant, culturally
appropriate and of good quality
Adaptability – System must be flexible to accommodate the changing need of society
Article 14
- Those States where compulsory, free primary education is not available to all should
work out a plan to provide such education within 2 years from ratification.
Article 15
- Everyone has the right to take part in cultural life; enjoy the benefits of scientific
progress.
- This recognizes the importance of cultural rights in the maintenance of human dignity
- Participation in cultural life encompasses 3 components:
1. Participation in – All persons have the right to freely choose one’s identity, to
identify with a community, engage in political life and express one’s self through
cultural practices
2. Access – Everyone’s right to know, learn and understand one’s own culture and that
of others
3. Contribution to cultural life – Everyone’s right to be involved in the creation of
material, spiritual, intellectual, and emotional expressions of the cultural community
- State must provide availability of cultural goods and services open to everyone,
accessibility of effective and concrete opportunities for participation and full enjoyment
of culture free from discrimination.
- State must ensure effective and accessible mechanisms for accountability and redress in
cases of infringement of this right.
Article 16 – 31
- This provides the monitoring mechanism for State parties compliance of their
obligations as duty bearers, as well as matters pertaining to the effectivity of the
instrument.
- The Committee on Economic, Social and Cultural Rights is the body in charge of
monitoring the implementation of this covenant by State Parties.
CONVENTIONS

1. International Convention on the Elimination of All Forms of Racial Discrimination

2. Convention on the Elimination of All Forms of Discrimination against Women

3. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment

4. International Convention for the Protection of All Persons from Enforced Disappearance

5. Convention on the Rights of the Child

6. International Convention on Protection of All Migrant Workers and Members of Their

Families

7. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law