Toward the adoption of a treaty establishing an ASEAN human rights court

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ID: 286430
2018
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Abstract
There is no law or treaty establishing the protection of human rights nor creation of a human rights court in Southeast Asia. The evident human rights provision only includes promotion of human rights and no compelling provision for sanctions or liability. The Association of Southeast Asian Nations (ASEAN) has opened the discussion of creating a human rights court in the region similar to the Inter-American Court of Human Rights, European Human Rights Court, and African Court on Human and People’s Rights. ASEAN Member States ratified laws that progressed from promoting human rights to having advocates exploring the nature and scope of having treaty to establish a human rights court in order to protect and address issues on violations of human rights within the region. Based on this premise, the study examines the different human rights laws available in the region, the diversified form of governments of the ten member-countries of the ASEAN, and how the former country foes grew and developed in time are now working together as part of the regional bloc of the ASEAN. This study recommends that there should be a treaty for the establishment of a human rights court to assert one’s right and redress a wrong committed by an individual or a member state through damages and other sanctions. This study also offers an analysis on why there should be a regional bloc human rights court and concludes that the popular saying of ‘unity in diversity’ in the ASEAN will achieve the goal of having a human rights court in the future by having a treaty to further strengthen and protect human rights.
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Authors Pabrua, Anna Karenina S.
Journal Malay Journal
Year 2018
DOI
DOI not found
URL
https://animorepository.dlsu.edu.ph/etd_masteral/7252
Keywords Keywords not found

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