Internationally recognized human rights must be acknowledged and respected domestically. International Human Rights treaties consecrate that principle into law by binding State Parties to adopt concrete measures to realize and uphold those rights. Such measures necessarily include the adoption of adequate legislation and the provision of effective remedies at the national level.
The major human rights Conventions impose similar obligations. Moreover, Goal 16 of the 2030 Agenda for Sustainable Development (SDG 16) echoes those legal obligations in calling on the Member States to provide “access to justice for all.” In fact, the just application of the rule of law at the national level is nothing less than the full respect for human rights.
The rule of law can only be effective if the observance of human rights rests upon adequate “effective, accountable and inclusive” procedures and institutions at the national level, as recognized in the SDG 16. Accordingly, States should empower domestic institutions to honor human rights obligations and should eliminate any procedural obstacles that far too often deny effective remedies to the victims of human rights violations. States should also ensure that the lawyers, judges and human rights advocates who seek to ensure the domestic enforcement of human rights may freely pursue their professional duties in accordance with the applicable principles on the independence of the judiciary solemnly adopted by the General Assembly.
As regards the future work of the Sixth Committee on this issue, we note with interest the subtopics for debate suggested by the Secretary General in his Report. Among those items, the Holy See would be particularly interested in the discussion of proposed subtopic d): “Implementation of the rule of law elements of the 2030 Agenda for Sustainable Development and sharing of best practices” since it is indispensable to make still further progress to fulfill SDG 16.
Speaking to the Ambassadors accredited to the Holy See earlier this year, Pope Francis stated that “as the Universal Declaration of Human Rights affirms, 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.” Promoting the rule of law at the international and national levels thus remains an essential task for the whole family of nations as well as a sign of hope in our world, especially in its most troubled regions.
4. Pope Francis, Address to the Members of the General Assembly of the United Nations Organization, 25 September 2015.
5. UN Charter, Preamble, art 1(3).
6. UN Charter, Articles 55 & 56.
7. International Covenant on Social, Economic and Cultural Rights, Article 2.
8. Sustainable Development Goal 16.
10. United Nations Basic Principles on the Independence of the Judiciary, adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985.
11. Report of the Secretary-General on Strengthening and coordinating United Nations rule of law activities, A/73/253, para. 72.
12. Pope Francis, Address to the Members of the Diplomatic Corps accredited to the Holy See, 8 January 2018.