Solidarity rights: universality and diversities - Реферат

This model can be considered a simplified expression of a very complicated historical advance. It does not indicate a linear progression in which every generation of rights appears changing the old one, and disappears with the emergence of the next generation of rights. It also does not suggest that one generation of rights is more important than another is. The three generations are implied to be “cumulative, overlapping… interdependent and interpenetrating.” This triad of democracy, development, and human rights reflects the fundamental conditionality of social and individual life and progress. The “third generation” rights proposed by Vasek include the right to development, the right to peace, the right to a healthy and balanced environment, the property right of the common heritage of mankind, and the right to humanitarian assistance. Nowadays the range and classification of collective rights is questionable. Some commentators distinguish particular rights as such - for example, the rights to self-determination, liberation and equality, the right to international peace and security, the right to use of wealth and resources, the right to development, the right to environment and the minority rights. Others use classifications of collective rights, distinguishing for example: - “nationalist” collective rights, which imply the group of rights, which in some respect deal with the existence and cultural or political continuation of groups (e.g. the right to self-determination), and other collective human rights; - or collective human rights reflecting demand for a global redistribution of power, wealth, and other important values or capabilities (the right to political, economic, social, and cultural self- determination, the right to economic and social development, the right to participate in and benefit from the common heritage of mankind), and the rights suggesting the impotence or inefficiency of the nation-state in certain critical respects (the right to peace, the right to a healthy and sustainable environment, and the right to humanitarian disaster relief). This principle is also declared to be one of the four purposes of the UN. Throughout its existence, the UN has undertaken and supported many measures to promote and protect the right to self-determination, especially in encouraging and accelerating the grant of independence to colonial countries, trust territories and other non-self-governing territories, 75 of which became independent between the entry into force of the UNCH in 1945 and the end of 1977. As one of those measures this right is incorporated into the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both of these documents (article 1(1)) identically provide this right: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” In the probably most progressive document concerning collective human rights - the 1981 African Charter on Human and Peoples’ Rights (ACHPR) (article 20) - the right to self-determination is complemented with the “right to existence” and the further right to liberation “from the bonds of domination”, means for liberation being unrestricted, except for recognition of such “by the international community”.