73577-1 (Solidarity rights:universality and diversities), страница 3

The status of collective rights differs not only in scientist’s views, but also in accordance with a kind of geographical criterion. Collective rights are traditionally given more attention in the non-Western societies, where the communal dimension is more important to individual well being than in the Western societies. The interests of the group are automatically among person’s interests.⁸² On this reason international human rights frequently undergo critic in the non-Western countries, since the conflict between the individual and the community is the base of the human rights law originated in the Western countries. The promotion of collective human rights expresses the efforts of non-Western governments to assert their values on international level. As an example of this tendency may serve the 1976 Universal Declaration of the Rights of Peoples adopted in Algiers. Upon the non-Western way of thinking are based the so-called collective “Third Worldist” and “globalist” approaches⁸³ to collective human rights similarly perceiving these rights as a proper response to the globalization and the unconditional control of the Western countries over the international politics.

In this way some commentators challenge the universality of collective rights on the ground, that some groups of peoples do not need them at all. It can be true with regard to minority and indigenous peoples’ rights, but this argument is void concerning other collective rights, which are attributed to all people. For example, peoples from rich countries enjoy a right to development on an equal base with people from poor ones, but the protection of the first’s right does not require any action. In the same way providing for special rights to children or women doesn’t violate their universality. Eva Brems argues that human rights can be stipulated on behalf of certain categories of individuals or groups as long as these same rights are not denied to others.⁸⁴

It seems that the arguments against collective rights are often based on the fact that many people are less sympathetic to the rights of others as a group, especially, when that group is perceived as very different.⁸⁵ The international collective human rights’ concept is still in process of development, and that we may say about many of international human rights. However, such a view is particularly true with regard to this group of rights. The potential of collective rights is great and the view that “individual human rights … are a safer and probably more effective course to pursue human rights”⁸⁶ will probably change. Collective human rights are recognized and protected in many of international human rights documents. There is a large academic interest to the topic as well, especially in connection with the globalization issues. And, although there is a role for international human rights instruments they in themselves will not rid the world of human rights violations.⁸⁷

Список литературы

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1 Eva Brems, Human Rights: Universality and Diversity 67 (2001).

2 Paul Sieghart, The international law of human rights 367 (1995); Jose Ayala-Lasso, The Universality of Human Rights, in Human Rights and Humanitarian Law. The Quest for Universality 93 (Daniel Warner ed., 1997).

3 Eva Brems, Human Rights: Universality and Diversity 67 (2001).

4 Eva Brems, Human Rights: Universality and Diversity 67 (2001).

5 Burns H. Weston, Human Rights the Content of Human Rights: Three Generations of Rights (visited Aug. 14, 2002) .

6 Jose Ayala-Lasso, The Universality of Human Rights, in Human Rights and Humanitarian Law. The Quest for Universality 91 (Daniel Warner ed., 1997).

7 Paul Sieghart, The International Law of Human Rights 368 (1995).

8 James Crawford, The Rights of Peoples: ‘Peoples’ or ‘Governments’?, in The Rights of Peoples 57 (James Crawford ed.,1988).

9 Ian Brownlie, The Rights of Peoples in Modern International Law, in The Rights of Peoples 124 (James Crawford ed., 1988).

10 Burns H. Weston, Human Rights the Content of Human Rights: Three Generations of Rights (visited Aug. 14, 2002) .

11 Charter of the United Nations (visited July 20, 2002) .

12 International Covenant on Civil and Political Rights (visited July 20, 2002) ; International Covenant on Economic, Social and Cultural Rights (visited July 20, 2002) .

13 African Charter on Human and Peoples' Rights (visited July 21, 2002) .

14 Paul Reeves, The Human Rights of Indigenous People: Tiptoeing Towards Self-determination, in Universal Human Rights? 68-69 (Robert G. Patman ed., 2000).

15 Convention on the Prevention and Punishment of the Crime of Genocide (visited July 20, 2002) .

16 International Convention on the Suppression and Punishment of the Crime of Apartheid (visited July 20, 2002) .

17 International Convention on the Elimination of All Forms of Racial Discrimination (visited July 20, 2002) .

18 Eva Brems, Human Rights: Universality and Diversity 479 (2001).

19 Nathan Lerner, Group Rights and Discrimination in International Law 10 (1991).

20 Nathan Lerner, Group Rights and Discrimination in International Law 11-14 (1991).

21 For example, Articles 86 and 93 of the Treaty of Versailles of 1919 (visited July 20, 2002) ; the Polish-German Upper Silesia Treaty of 1922 not only guaranteed certain rights – including life, liberty, and the free exercise of religion – for all inhabitants, and equal treatment before the law and the same civil and political rights for all nationals, but also the same treatment and security in law and in fact to all linguistic, or ethnic minority groups of nationals; the right of minority groups to establish schools and religious institutions and to use their own language for publications, at public meetings, and before the courts. (visited July 24, 2002) .

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.)