The asean Human Rights Declaration

in International Human Rights Law Review
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The adoption of the asean Human Rights Declaration in November 2012 marks the latest addition in the armoury of regional human rights protection. Even though it does not create a treaty based regime, it does incorporate all three ‘generations’ of human rights. The purpose of the present article is to examine the salient features of the Declaration not only by taking a comparative approach vis-à-vis the other regional systems but also by referring to the International Bill of Rights. The article also covers the asean Intergovernmental Commission on Human Rights inaugurated in October 2009 and suggests ways to augment the Declaration’s effectiveness through the work of the Commission.

The asean Human Rights Declaration

in International Human Rights Law Review

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6

Reprinted in (2005) 12 International Human Rights Reports 893.

20

Adopted on 16 December 1966in force 3 January 1976 993 unts 3. Thus Hatem Kotrane independent expert on a draft optional protocol to the icescr has argued that ‘In light of the experience gained in recent years from the application of international regional and national human rights instruments and mechanisms … there is no longer any doubt about the essentially justiciable nature of the rights guaranteed by the [icescr]’ un Doc. E/CN.4/2003/53 para. 2 (7 April 2003). See further M Ssenyonjo ‘Economic Social and Cultural Rights’ in MA Baderin & M Ssenyonjo (eds) International Human Rights Law: Six Decades after the udhr and Beyond (Ashgate 2010) 49 at 81.

37

Adopted on 16 December 1966in force 23 March 1976 999 unts 171.

87

General Comment No. 14supra note 85 para. 16. See also un General Assembly Resolution S-26/2 Declaration of Commitment on hiv/aids 27 June 2001; Resolution 60/262 Political Declaration on hiv/aids 15 June 2006; and Resolution 65/277 Political Declaration on hiv and aids: Intensifying Our Efforts to Eliminate hiv and aids 10 June 2011.

96

General Comment 23supra n. 70 paras. 4 5.1.

118

Cerna supra n. 115 1163.

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