Solidarity rights: universality and diversities — страница 4

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of the ICCPR and the article 25 of the ICESCR state: “Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources”. In the most completed form this right is declared by the article 21 of ACHPR.42 All the above mentioned documents limit the right to sovereignty over natural resources by “obligations arising out of international economic cooperation” and by international law. One of the most significant collective rights - the right to development, according to some commentators, is “difficult to define as a human right”, because it rather “tends to suggest the presence of certain conditions conducive for human rights ”.43 The origin of this right is

tracked back by some authors to the 1944 Declaration of Philadelphia,44 adopted by the General Conference of the International Labor Organization, which stated, that “all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual freedom in conditions of freedom and dignity, of economic security and equal opportunity”. The right to development as a human right was launched by Keba M’Baye, that time Chief Justice of Senegal, in his inaugural lecture on that subject to the 1972 study session of the International Institute of Human Rights in Strasbourg. In 1986 the General Assembly adopted the United Nations key document in this field - the Declaration on the Right to Development setting up the right to

development as “an unalienable human right”.45 The Vienna Declaration and the Programme of Action (articles I/10-11 and II/72-74) states this right as “a universal and inalienable right and an integral part of fundamental human rights”.46 However, the most commentators agree, that this right doesn’t really have any enforceable means of implementation except for in the regional ACHPR system.47 The right has been discussed broadly in recent years.48 Partly, because the economic circumstances in many countries are such, that their inhabitants’ rights are violated steadily, and partly also because some programs for the economic development of these countries may themselves result in deprivation of human rights.49 There is no generally agreed definition of the nature or

scope of the right to development in the context of human rights. Many authors agree with the collective nature of this right50, however, the right to development might be considered as being both of collective and individual nature.51 The UN Declaration on the Right to Development defines the right to development as right to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized;52 So, the right to development is supposed to have not only economical and social dimensions, but cultural and political as well.53 As individual human right, the right to development, represents a kind of combination of all individual human rights or the basis of all other rights. The individual

right to development is a right to human flourishing in all spheres of life54 in other words the individual right of every person to benefit from a developmental policy.”55 An important element of the right to development as an individual human right is politic and economic “active participation”.56 Article 3 (3) of the Declaration on the Right to Development states, that national development policies must be based on “active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom.” The article 8 (2) requires, that “States should encourage popular participation in all spheres as an important factor in development and in the full realization of all human rights.” Pursuing these aims states are obliged to

ensure “equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income”.57 It should be noted that the participatory element is essential in other collective rights as well. As a collective right the right to development implies full realization of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources. (Article 1 (2) of the United Nations Declaration on the Right to Development)). The double role of the state in relation to collective rights can be illustrated the best on the example of this