THIRD GENERATION RIGHTS Historical background In 1979 Karel

THIRD GENERATION RIGHTS

Historical background In 1979, Karel Vasak presented a brief but systematic theory of what he called "the third generation of human rights. “ Vasak argued that several new human rights, such as the rights to development, to a healthy environment, and to peace, were already beginning to emerge in international law He suggested that these three generations of human rights corresponded respectively to the three ideals proclaimed in the French revolution: liberty, equality and fraternity. Accordingly, these new human rights should be thought of as solidarity rights.

Third generation or ‘solidarity’ rights are the most recently recognised category of human rights. The idea at the basis of the third generation of rights is that of solidarity; and the rights embrace collective rights of society or peoples

the right to development, the right to peace, the right to a healthy environment, the right to intergenerational equity.

RIGHT TO DEVELOPMENT For the millions of people around the world who live in abject poverty, the United Nations Declaration on the Right to Development offers hope. Indeed, the aspiration to make the right to development a reality for all is the foundation for the quest to achieve the Millennium Development Goals (MDGs), the internationally agreed global development goals.

RIGHT TO PEACE Declaration on the Right of Peoples to Peace was Approved by General Assembly resolution 39/11 of 12 November 1984 The General Assembly , Reaffirming that the principal aim of the United Nations is the maintenance of international peace and security, Bearing in mind the fundamental principles of international law set forth in the Charter of the United Nations, Expressing the will and the aspirations of all peoples to eradicate war from the life of mankind and, above all, to avert a world wide nuclear catastrophe, Convinced that life without war serves as the primary international prerequisite for the material well being, development and progress of countries, and for the full implementation of the rights and fundamental human freedoms proclaimed by the United Nations,

Aware that in the nuclear age the establishment of a lasting peace on Earth represents the primary condition for the preservation of human civilization and the survival of mankind, Recognizing that the maintenance of a peaceful life for peoples is the sacred duty of each State, 1. Solemnly proclaims that the peoples of our planet have a sacred right to peace; 2. Solemnly declares that the preservation of the right of peoples to peace and the promotion of its implementation constitute a fundamental obligation of each State; 3. Emphasizes that ensuring the exercise of the right of peoples to peace demands that the policies of States be directed towards the elimination of the threat of war, particularly nuclear war, the renunciation of the use of force in international relations and the settlement of international disputes by peaceful means on the basis of the Charter of the United Nations; 4. Appeals to all States and international organizations to do their utmost to assist in implementing the right of peoples to peace through the adoption of appropriate measures at both the national and the international level.

RIGHT TO DEVELOPMENT For the millions of people around the world who live in abject poverty, the United Nations Declaration on the Right to Development offers hope. Indeed, the aspiration to make the right to development a reality for all is the foundation for the quest to achieve the Millennium Development Goals (MDGs), the internationally agreed global development goals.

The eight MDGs – to reduce poverty, hunger and disease and promote gender equality, education, environmental sustainability and global partnerships – are interrelated and to achieve them requires a partnership between developed and developing countries. This is articulated in Goal number 8 which asserts the collective responsibility for international cooperation and assistance to achieve all the MDGs.

The right to development can strengthen this global partnership to help achieve the MDGs. It requires the international community to create an enabling global environment free of structural impediments where developing countries have opportunities for international economic activities.

The right to development incorporates the principle of international cooperation along with the principles of transparency, equality, participation, accountability and non discrimination. These principles should be followed at both the national and international levels.

THE RIGHT TO A HEALTHY ENVIRONMENT The right to a healthy enviornment was recognised in Stockholm Conference in 1972 in an inter national environmental law document. The conference adopted what is known as the Stockholm Declaration, consisting of three non binding instruments: a resolution on institutional and financial arrangements; a declaration containing 26 principles; and an action plan con taining 109 recommendations.

In June 1992, the UN Conference on Environment and De velopment (UNCED) was held in Rio de Ja neiro, Brazil. The purpose of the conference was to elaborate strate gies and measures to halt and reverse the effects of environmental degra dation and to strengthen national and international efforts to promote sus tainable and environmentally sound development in all countries.

In the international context, the Rio Declaration with its Plan of Action ("Agenda 21”) contains measures to be taken for implementation of the Rio principles and the other major treaties produced in Rio. The measures are; (1) provision of financial resources and mecha nisms; (2)transfer of environmentally sound tech nologies; (3) support for capacity building; (4)education and awareness; (5)development of enforceable international legal instruments; (6)environmental impact assessments; and (7)information and tools for meas uring progress.

The environment is mentioned directly in the ICESCR in article 12(2) on the right to health: “ (a)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 . . . (b) The improvement of all aspects of environmental and industrial hygiene. ”