Реферат: Solidarity rights:universality and diversities

Solidarity rights:universality and diversities

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• .22 International Covenant on Civil and Political Rights (visited July 20, 2002) .23 Framework Convention for the Protection of National Minorities (visited July 24, 2002) .24 Vienna Declaration and Program of Action (visited July 24, 2002) .25 Declaration on Race and Racial Prejudice (vidited July 21, 2002) .26 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (visited July 21, 2002) .27 Eva Brems, Human Rights: Universality and Diversity 480 (2001).28 Rebecca M. M. Wallace, International Human Rights Text and Materials 104 (2001).29 E.g.: ILO Convention Nr. 107, on the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries (June 26, 1957), declaring the collective rights of indigenous people, such as the right to decide their own priorities for the process of development and to participate in the formulation, implementation and evaluation in national and regional development plans affecting them (article 7 (1)), the right to retain their own customs and traditions (article 8 (2)), the rights of ownership and possession over the lands which they traditionally occupy (article 14 (1)), and the right to the natural resources pertaining to their lands (article 15 (1)). (visited July 24, 2002) .30 E.g., the collective right to live in freedom, peace and security as distinct people and to full guarantees against genocide or any other act of violence, including the removal of indigenous children from their families and communities under any pretext (article 6); the collective and individual right not to be subjected to ethnocide and cultural genocide (article 7); the collective and individual right to maintain and develop their distinct identities and characteristics (article 8); the right to determine their own citizenship in accordance with their custom and traditions (article 32) etc. (Draft Declaration on the Rights of Indigenous People (visited July 24, 2002) .31 Vienna Declaration, § II, 28-29. (visited July 21, 2002) .32 Declaration of the Principles of International Cultural Co-operation (visited July 21, 2002) .33 International Covenant on Economic, Social, and Cultural Rights (visited July 28, 2002) .34 International Covenant on Civil and Political Rights (visited July 24, 2002) .35 However, the European Court of Human Rights has held that the right to education would be meaningless if it did not imply the right to be educated in their national language. Judgement of the European Court of Human Rights in Six Groups of Belgian Citizens v. Belgium (visited Aug. 5, 2002) .36 Draft Unesco Declaration on Cultural Diversity (visited Aug. 5, 2002) .37 Implementation of the Declaration on the Preparation of Societies for Life in Peace (visited Aug. 5, 2002) .38 Declaration on the Right of Peoples to Peace (visited Aug. 5, 2002) .39 Paul Sieghart, The International Law of Human Rights 368 (1995).40 African Charter on Human and Peoples' Rights (visited Aug. 5, 2002) .41 Rebecca M. M. Wallace, International Human Rights Text and Materials 1 (2001).42 Declaration of Philadelphia (visited Aug. 5, 2002) .43 Declaration on the Right to Development (visited Aug. 8, 2002) .44 Vienna Declaration (visited Aug. 7, 2002) .45 Gudmundur Alfredson, The right to Development: perspectives from human rights law, in Human Rights in Domestic Law and Development Assistance Policies of the Nordic Countries 84-85 (Lars Adam Rehof et al. ed., 1989).46 See, for example, the 1992 Rio Declaration on Environment and Development (visited Aug. 18, 2002) ; Program of Action of 1994 Cairo Conference (visted Aug. 18, 2002) ; Declaration and the Programme of Action of the World Summit for Social Development (Copenhagen, 1995) (visited Aug. 14, 2002) ; the 1995 Platform of Action of the Beijing World Conference on Women (visited Aug. 14, 2002) .47 Paul Sieghart, The International Law of Human Rights, 401 (1995).48 Philip Kunig, Human Rights Approach to the Right to Development: Merits and Shortcomings, in The Right to Development in International Law 84 (Erik M. G. Denters et al. ed., 1992).49 Eva Brems, Human Rights: Universality and Diversity 71 (2001). 50 Declaration on the Right to Development (visited Aug. 5, 2002) .51 An international conference, convened by the International Commission of Jurists in 1981, formulated the right to development as follows: “Development should… be seen as a global concept including, with equal emphasis, civil and political rights and economic, social and cultural rights… True development requires recognition that the different human rights are inseparable from each other, and development is inseparable from human rights and the Rule of Law. Likewise, justice and equity at the international level are inseparable from justice and equity at the national level… Development should be understood as a process designed progressively to create conditions in which every person can enjoy, exercise and utilize under the Rule of Law all his human rights, whether economic, social, cultural, civil or political. Every person has the right to participate an, and benefit from, development in the sense of a progressive improvement in the standards and quality of life. The concept of the right to development… serves to express the right of all people all over the world, and of every citizen, to enjoy all human rights. The primary obligation to promote development, in such a way as to satisfy this right, rests upon each State for its own territory and for the persons under its jurisdiction.” (Reported in Development, Human Rights and the Rule of Law; also UN General Assambly Resolution 32/130 of 16 December 1977).52 Eva Brems, Human Rights: Universality and Diversity 72 (2001). 53Burns H. Weston. Human Rights the content of human rights: Three generations of right (visited July 21, 2002) 54 United Nations Declaration on the Right to Development, Article 2 (1) (visited Aug. 8, 2002) .55 It also says that: “Effective measures should be undertaken to ensure that women have an active role in the development process. Appropriate economic and social reforms should be carried out with a view to eradicating all social injustices ”.56 The Rio Declaration on Environment and Development (1992) (visited Aug. 5, 2002) .57 Vienna Declaration (visited Aug. 5, 2002) .58 For example, Commision on Human Rights Resolution 1999/23, “Adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights”, § 4. (visited Aug. 5, 2002) .59 African Charter on Human and Peoples' Rights (visited Aug. 5, 2002) .60 See, for example, General Assembly RES/45/100 of 14 December 1990 (visited Aug. 5, 2002) .61 Burns H. Weston Human Rights the Content of Human Rights: Three Generations of Rights (visited July 24, 2002) .62 Jack Donnely, Human rights and collective rights, in Human Rights in a Pluralist World. Individuals and Collectives 43 (Jan Berting et al. ed., 1990).63 Richard B. Lillich & Hurst Hannum, International Human Rights Problems of Law, Policy and Practice 201 (1995).64 Richard B. Lillich & Hurst Hannum, International Human Rights Problems of Law, Policy and Practice 204 (1995).65 . “Unqualified resistance to the idea of collective human rights is not very productive for the pragmatic reason that such rights already exist.” (Eva Brems, Human Rights: Universality and Diversity 73 (2001).)66 J. Donnely, Third Generation Rights, in Peoples and Minorities in International Law 91 (Catherine Brolmann et al. ed., 1993.)