There is a distinction between a right inherently held by a person because they are human, and a right
conferred upon a person by national law or constitutions. The ratification of an international human
rights treaty does not always translate to domestic codification of the principles laid out in that treaty.
As such, a narrow interpretation of Article 5 as a right to a remedy only for those rights otherwise
protected by ASEAN Member States’ national laws would run the risk of undermining an ASEAN
resident’s right to a remedy.