1. Universal Declaration of Human Rights

The Universal Declaration of Human Rights provides that:

• Everyone has the right to a nationality.
• No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. (Universal Declaration of Human Rights, Article 15)

It is for each State to determine under its own law who are its nationals. This law shall be recognized by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognized with regard to nationality. (Convention on Certain Questions Relating to the Conflict of Nationality Laws, 1930, Art. 1)

According to the practice of States, to arbitral and judicial decisions and to the opinions of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties. (Liechtenstein v. Guatemala, 1955)

In the Nottebohm case, the ICJ said that it is for Liechtenstein, as it is for every sovereign State, to settle by its own legislation the rules relating to the acquisition of its nationality, and to confer that nationality by naturalization granted by its own organs in accordance with that legislation. It is not necessary to determine whether international law imposes any limitations on its freedom of decision in this domain. (Liechtenstein v. Guatemala, 1955)

Nationality has its most immediate, its most far- reaching and, for most people, its only effects within the legal system of the State conferring it. Nationality serves above all to determine that the person upon whom it is conferred enjoys the rights and is bound by the obligations which the law of the State in question grants to or imposes on its nationals. This is implied in the wider concept that nationality is within the domestic jurisdiction of the State. (Liechtenstein v. Guatemala, 1955)

The United Nations Convention on the Rights of the Child which is ratified by the Philippines provides that The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents. (United Nations Convention on the Rights of the Child, Article 7(1)).

STATELESSNESS

K. International Human Rights Law

• Universal Declaration of Human Rights
• International Covenant on Civil and Political Rights
• International Covenant on Economic, Social and Cultural Rights

Definition of Human Rights

Human rights are rights that every human being has by virtue of his or her human dignity. [OHCHR, Human Rights Handbook for Parliamentarians (“HR Handbook”), p. 19]

XII. PUBLIC INTERNATIONAL LAW

I. International Human Rights Law (The United Nations’ Universal Declaration of Human Rights)

J. International Humanitarian Law (R.A. No. 9851)

Definition of Human Rights

Human rights are rights that every human being has by virtue of his or her human dignity. [OHCHR, Human Rights Handbook for Parliamentarians (“HR Handbook”), p. 19]

UNIVERSAL DECLARATION OF HUMAN RIGHTS (“UDHR”)

UNIVERSAL DECLARATION OF HUMAN RIGHTS (“UDHR”)

Overview

The UDHR, adopted by the UN General Assembly in 1948, was the first legal document to set out the fundamental human rights to be universally protected. (OHCHR Website, What are human rights?, ¶ 2).

It is not a treaty. It has no obligatory character because it was adopted by the UN General Assembly as Resolution 217A (III). As a resolution, it is merely recommendatory.

Despite this, particular rights expressed in the UDHR may be binding under customary international law or other applicable sources of international law (Carillo).

Rights Covered

The UDHR embodies both first and second generation rights.

The civil and political rights enumerated include:

• The right to life, liberty, and security of person (art. 3);
• Prohibition against slavery or servitude (art. 4);
• Prohibition against torture or cruel, inhuman or degrading treatment or punishment (art. 5);
• The right not to be subjected to arbitrary arrest, detention or exile (art. 9);
• The right 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 (art. 10);
• The right to a nationality, to not be arbitrarily deprived of such and to not be denied the right to change it (art. 15).
• The right to freedom of thought, conscience and religion (art. 18);
• The right to freedom of opinion and expression (art. 19);
• Right to peaceful assembly and association (art. 20);
• The right to take part in the government of his country [art. 21(1)].

Overview

The UDHR, adopted by the UN General Assembly in 1948, was the first legal document to set out the fundamental human rights to be universally protected. (OHCHR Website, What are human rights?, ¶ 2).

It is not a treaty. It has no obligatory character because it was adopted by the UN General Assembly as Resolution 217A (III). As a resolution, it is merely recommendatory.

Despite this, particular rights expressed in the UDHR may be binding under customary international law or other applicable sources of international law; the declaration itself does not create binding obligations for all states (UN General Assembly Resolution 217 A (III); Statute of the International Court of Justice, Art. 38(1)(b)).

Rights Covered

The UDHR embodies both first and second generation rights.

The civil and political rights enumerated include:

• The right to life, liberty, and security of person (art. 3);
• Prohibition against slavery or servitude (art. 4);
• Prohibition against torture or cruel, inhuman or degrading treatment or punishment (art. 5);
• The right not to be subjected to arbitrary arrest, detention or exile (art. 9);
• The right 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 (art. 10);
• The right to a nationality, to not be arbitrarily deprived of such and to not be denied the right to change it (art. 15).
• The right to freedom of thought, conscience and religion (art. 18);
• The right to freedom of opinion and expression (art. 19);
• Right to peaceful assembly and association (art. 20);
• The right to take part in the government of his country [art. 21(1)].

UDHR as Customary International Law

During the constitutional interregnum, fundamental rights protected by applicable international law remained in effect despite the absence of an operative constitutional Bill of Rights. Not every right covered by the UDHR is necessarily customary international law. (Republic v. Sandiganbayan, G.R. No. 104768, Jul. 21, 2003)

UDHR as Customary International Law

During the constitutional interregnum, fundamental rights protected by applicable international law remained in effect despite the absence of an operative constitutional Bill of Rights. This does not mean that every UDHR provision is customary international law. (Republic v. Sandiganbayan, G.R. No. 104768, Jul. 21, 2003)