Human Rights, the
Rule of Law, and Independence of
Lung-chu Chen
I just
returned from a four-day conference in Jakarta, Indonesia, convened by
Asian Council of Liberals and Democrats. The theme was ¨Democratic
Transitions in Asia: An Agenda for Action." Among the subjects was ¨Human
Rights, the Rule of Law, and Independence of the Judiciary," for which I
was a principal speaker.
The peoples of the world, whatever their differences in cultural
traditions and institutional practices, are today intensifying their
demands to participate in shaping and sharing all basic values of human
dignity. From the United Nations Charter, through the Universal
Declaration of Human Rights, to the two International Covenants on Human
Rights and associated instruments, a global bill of human rights has
emerged and is developing. Human rights and peace are indivisible, and
human rights are no longer a matter of domestic jurisdiction.
Internationally recognized human rights, as embodied in the international
bill of human rights, extend from civil and political rights to economic,
social, and cultural rights. These human rights are interdependent and
express universal values. International human rights standards have become
the yardstick by which to judge the legitimacy of a government.
The crucial question is: when human rights norms are violated, can victims
receive appropriate legal protection and remedy. In the context of human
rights, the rule of law entails at least the following four elements:
-
Law designed to protect human rights is properly communicated to the
target audience.
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Everyone is
equal before the law. No one is above the law.
-
Provision
is made to allow complaints against human rights violations by invoking
relevant norms.
-
Appropriate
structures of authority and procedures are established to facilitate
application of human rights law in concrete cases.
While some modest steps toward invocation and application are taken at the
transnational level, human rights protection still relies largely on
efforts at the national and local levels at today's state-centered world.
Hence the importance of the rule of law within a national community.
Central to the rule of law is independence of the judiciary, as sustained
under a system of separation of powers and checks and balances. In 1985,
U.N. General Assembly adopted a resolution, emphasizing the following
¨basic principles on the independence of the judiciary": constitutional or
legal guarantee of judicial independence; impartial adjudication; general
judicial jurisdiction; freedom from interference; the individual's right
to due process of law; fair judicial proceedings; and effective
performance of judicial functions.
In conclusion, effective realization of human rights, the rule of law, and
judicial independence requires the government and the people to work
together. |