Documente Academic
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Documente Cultură
RIGHTS
Peace,
Development,
Environment
• Right
to
Peace
o Belongs
to
the
category
of
solidarity/collective
rights
o Universally
recognized
that
peoples
of
the
earth
have
a
sacred
right
to
peace
and
that
the
promotion
of
its
implementation
constitute
a
fundamental
obligation
of
each
State
o Conflicts
of
an
international
character
and
non
international
character
have
resulted
in
millions
of
casualties
and
have
caused
untold
sufferings
to
peoples
of
the
world
§ Number
of
conflicts
of
an
international
character
has
declined
since
World
War
II
§ Non-‐international
conflicts
during
the
20th
century
(internal
conflicts
and
tyrannical
regime
victimization)
have
resulted
in
more
than
170
million
deaths
o International
instruments
related
to
peace
§ UN
Declaration
on
Principles
of
International
Law
Concerning
Friendly
Relations
and
Cooperation
Among
States
§ UN
General
Assembly
Resolution
• 33/73
Declaration
on
the
Preparation
of
Societies
for
Life
in
Peace
(1978)
§ Declaration
on
the
Right
of
People
to
Peace
(2002)
§ UNGA
Resolution
• 45/14
Implementation
of
the
Rights
of
Peoples
to
Peace
• Right
to
Development
o Another
example
of
a
solidarity/collective
right
o Comprehensive
economic,
social,
cultural
and
political
process
which
aims
at
the
constant
improvement
of
the
well-‐being
of
the
entire
population
and
of
all
individuals
through
their
meaningful
participation
(Declaration
on
the
Right
to
Development,
1986)
o Process
of
expanding
the
freedoms
that
people
enjoy
and
requires
removal
of
major
sources
of
unfreedom
like
poverty,
tyranny,
poor
economic
opportunities,
systematic
social
deprivation,
neglect
of
public
facilities,
intolerance
or
overactivity
of
repressive
states
(Amartya
Sen)
o Poverty
embraces
the
spectrum
of
conditions
where
freedoms
are
diminished
and
denied
o Proclaimed
in
the
UN
Declaration
on
the
Right
of
Development
(1986)
o Also
recognized
in
§ The
African
Charter
on
Human
Rights
and
People’s
Rights
§ Arab
Charter
on
Human
Rights
o Reaffirmed
in
instruments
like
§ The
1992
Rio
Declaration
on
Environment
and
Development
§ The
1993
Vienna
Declaration
and
Programme
of
Action
§ The
Millenium
Declaration
§ The
2002
Monterey
Consensus
§ The
2005
World
Summit
Outcome
Document
§ The
2007
Declaration
on
the
Rights
of
Indigenous
Peoples
• Right
to
Environment
o Important
right
because
of
global
warming,
climate
change,
the
damaging
effects
of
environmental
pollution
on
human
beings
and
the
degradation
of
the
world’s
environment
that
includes
land,
water
and
air
o Global
recognition
that
human
right
and
environmental
protection
are
connected
and
that
man
has
a
fundamental
right
to
an
environment
that
permits
a
life
of
dignity
and
well-‐being
became
explicit
only
in
1972
at
the
Stockholm
Conference
§ This
conference
is
considered
an
important
starting
point
in
developing
environmental
law
at
the
global
and
national
levels
§ Principle
1:
Man
has
the
fundamental
right
to
freedom,
equality
and
adequate
conditions
of
life,
in
an
environment
of
a
quality
that
permits
a
life
of
dignity
and
well-‐being,
and
he
bears
a
solemn
responsibility
to
protect
and
improve
the
environment
for
present
and
future
generations
o Right
to
environment
is
directly
mentioned
in
the
International
Covenant
on
Economic,
Social
and
Cultural
Rights
in
Article
12
which
states
that
“The
steps
to
be
taken
by
the
States
Parties
to
the
present
Covenant
to
achieve
the
full
realization
of
this
right
shall
include
those
necessary
for
the
improvement
of
all
aspects
of
enviromnetal
and
industrial
hygiene”
o Treaties
that
contain
environmental
obligations
for
States:
§ 1972
World
Heritage
Convention
§ 1985
Vienna
Convention
§ 1987
Montreal
Protocol
on
Substances
that
Deplete
the
Ozone
Layer
§ 1989
Basel
Convention
on
the
Control
of
Transboundary
Movements
of
Hazardous
Wastes
and
Disposal
§ 1992
Convention
on
Biological
Diversity
Women,
Children,
Persons
With
Disabilities,
Indigenous
Peoples:
Among
the
world’s
vulnerable,
disadvantaged
and
marginalized
groups
of
people
or
sectors.
• Women
o Comprise
½
of
humanity
o Face
persistent
and
widespread
denial
of
their
basic
rights
§ Over
half
a
million
women
continue
to
die
each
year
from
pregnancy
and
childbirth-‐related
causes
§ Rates
of
HIV
infection
among
women
are
rapidly
increasing
partly
because
of
their
economic
and
social
vulnerability
§ Gender-‐based
violence
kills
and
disables
as
many
women
between
the
ages
15
and
44
as
cancer
§ Women
are
twice
as
likely
as
men
to
be
illiterate
§ Earn
less
than
men
even
for
similar
kinds
of
work
o Many
countries
that
have
ratified
the
Convention
on
the
Elimination
of
All
Forms
of
Discrimination
Against
Women
still
have
discriminatory
laws
governing
marriage,
land,
property
and
inheritance
o The
core
international
human
rights
instruments
that
pertain
to
women
and
their
rights:
§ The
Declaration
on
the
Elimination
of
Discrimination
Against
Women
§ Convention
on
the
Political
Rights
of
Women
§ Declaration
on
the
Protection
of
Women
and
Children
in
Emergency
and
Armed
Conflict
• Children
o Exploited,
abused,
maltreated,
deprived
of
education,
sold,
subjected
to
cruel
methods
of
punishment
and
discriminated
against
o Street
children,
child
workers,
child
brides,
child
combatants,
child
abductees,
child
offenders
living
lives
without
parole,
child
refugee
and
children
without
education
o Full
range
of
human
rights
is
found
in
Convention
on
the
Rights
of
the
Child
§ First
legally
binding
international
instrument
on
children’s
rights
§ Enumerates
3
basic
rights
• Right
to
survival
• Right
to
develop
to
the
fullest
• Protection
from
harmful
influences,
abuse
and
exploitation
• Participate
fully
in
family,
cultural
and
social
life
o 2
Optional
Protocols
to
prevent
growing
abuse
and
exploitation
of
children
§ Optional
Protocol
on
the
involvement
of
children
in
armed
recruitment
and
requires
States
to
do
everything
they
can
to
prevent
children
under
the
age
of
18
from
taking
direct
part
in
hostilities
§ Optional
Protocol
on
the
sale
of
children,
child
prostitution
and
child
pornography
that
draws
special
attention
to
the
criminalization
of
serous
violations
of
human
rights
and
emphasizes
the
need
for
public
awareness
and
international
cooperation
to
combat
them
• PWDs
o “those
who
have
long-‐term
physical,
mental,
intellectual
or
sensory
impairments,
which
in
interaction
with
various
barriers
may
hinder
them
full
and
effective
participation
in
society
on
equal
basis
with
others”
(Art.
1
UN
Convention
on
the
Rights
of
Persons
With
Disabilities)
o “those
suffering
from
restriction
or
different
abilities,
as
a
result
of
a
mental,
physical
or
sensory
impairment,
to
perform
an
activity
in
the
manner
or
within
the
range
considered
for
a
human
being”
(Magna
Carta
for
Disables
Persons)
o Estimated
50
million
PWDs
in
the
world
today
(number
increases)
§ Due
to
war
and
destruction,
unhealthy
living
conditions,
absence
of
knowledge
about
disability,
its
causes,
prevention
and
treatment
o WHO
estimates
that
15%
of
the
world
has
a
disability
§ Higher
prevalence
in
post-‐conflict
countries
o Suffer
from
discrimination
and
often
do
not
enjoy
opportunities
because
of
lack
of
access
to
essential
services
o International
instruments
that
pertain
to
PWDS
§ Declaration
on
the
Rights
of
Mentally
Retarded
Persons
§ Declaration
on
the
Rights
of
Deaf-‐Blind
Persons
§ Convention
No.
59
concerning
Vocational
Rehabilitation
and
Employment
(Disabled
Persons,
1983)
§ Principles
for
the
Protection
of
Persons
with
Mental
Illnesses
and
the
Improvement
of
Health
Care
§ Standard
Rule
on
the
Equalization
of
Opportunities
for
Persons
with
Disabilities
§ Beijing
Declaration
on
the
Rights
of
People
with
Disabilities
§ Convention
on
the
Rights
of
Persons
with
Disabilities
• Indigenous
Peoples
o Those
that
have
historically
belongs
to
a
particular
region
or
country
before
it
colonization
or
transformation
in
to
a
nation,
state
and
may
have
different
cultural,
linguistic,
traditional
and
other
characteristics
o Approximately
370
million
indigenous
people
spanning
70
countries
worldwide
o 10%
of
the
population
in
the
Philippines
o Generally
live
in
geographically
isolated
areas
with
poor
access
to
basic
social
services
and
limited
opportunities
for
mainstream
economic
activities
o Minerals,
forests
and
rivers
can
be
found
where
they
are
and
make
them
vulnerable
to
development
aggression
o UN
Declaration
on
the
Rights
of
Indigenous
Peoples
§ Recognizes
that
indigenous
peoples
have
suffered
from
historical
injustices
as
a
result
of
their
colonization
and
dispossession
of
their
lands,
territories
and
resources
• Preventing
them
from
exercising
their
right
to
development
based
on
their
needs
and
interests
§ Acknowledges
the
urgent
need
to
respect
and
promote
the
inherent
rights
of
indigenous
peoples
§ Most
comprehensive
instrument
detailing
the
rights
of
indigenous
peoples
in
international
law
and
policy
§ Contains
minimum
standard
for
the
recognition,
protection
and
promotion
of
rights
• Self-‐determination
• Right
to
lands,
territories
and
resources
• Health
• Education
• Employment
• Housing
• Sanitation
• Social
security
• Adequate
standard
of
living
• Not
to
be
subjected
to
assimilation
or
destruction
of
their
culture
• Practice
and
revitalize
their
cultural
traditions
and
customs,
etc.