10
III. CHRP Jurisdiction and Admissibility of the Petition
Through the combination and interplay of the five Constitutional powers of this
Commission, it exercises jurisdiction over cases. Jurisdiction should not be understood
only in the context of the power to render a binding decision but also in the context of
having the authority to perform other non-judicial constitutional mandates.
On the issue of subject-matter jurisdiction, this Commission notes the acceptance under
customary international law of the interrelatedness, interdependence, and indivisibility of
human rights and, therefore, accepts the view that it may investigate the whole gamut of
human rights allegedly impacted in the petition.
The United Nations General Assembly recognizes that “‘the enjoyment of civic and
political freedoms and of economic, social and cultural rights are interconnected and
interdependent’ and that ‘when deprived of economic, social and cultural rights, man
does not represent the human person whom the Universal Declaration regards as the ideal
of the free man.’”18 Thus, the violation of one right inevitably impacts other rights which
may or may not be in the same category. In order to provide effective remedy to victims
and restore their dignity, all of the rights violated must be equally addressed.
A complete consideration of all the dimensions of human rights issues is required for this
Commission to effectively exercise its recommendatory, monitoring, advocacy, and other
powers.
In any case, if there still be doubt of the Commission’s wisdom in accepting the Petition,
we note the allegation that climate change adversely impacts the right to life, classified
as a civil and political right under the International Covenant on Civil and Political
Rights (ICCPR),19 to which the Philippines is a party. The United Nations Human Rights
Committee (UNHRC), in General Comment No. 36 on the right to life, declares:
18
United Nations General Assembly, Preparation of Two Draft International Covenant on Human
Rights, G.A. Res. 543 (VI), U.N. Doc. No. A/RES/543 (VI) (Feb. 5, 1952).
19
International Covenant on Civil and Political Rights art. 6, 1996, 999 U.N.T.S. 171 [hereinafter
ICCPR].
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