Реферат: Solidarity rights:universality and diversities 
[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) <http://www.preventgenocide.org/law/convention/text.htm>.
[16] International Convention on the Suppression and Punishment of the
Crime of Apartheid (visited July 20, 2002) <http://www.unhchr.ch/html/menu3/b/11.htm>.
[17] International Convention on the Elimination of All Forms of Racial
Discrimination (visited July 20, 2002) <http://www.unhchr.ch/html/menu3/b/d_icerd.htm>.
[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) <http://www.lib.byu.edu/~rdh/wwi/versailles.html
>; 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) <http://history.binghamton.edu/resources/bjoh/PolesAndJews.htm>.
[22] International Covenant on Civil and Political Rights (visited July
20, 2002) <http://www.unhchr.ch/html/menu3/b/a_ccpr.htm>.
[23] Framework Convention for the Protection of National Minorities
(visited July 24, 2002) <http://conventions.coe.int/Treaty/EN/Treaties/Html/157.htm>.
[24] Vienna Declaration and Program of Action (visited July 24, 2002)
<http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument>.
[25] Declaration on Race and Racial Prejudice (vidited July 21, 2002)
<http://www.unhchr.ch/html/menu3/b/d_prejud.htm>.
[26] Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities (visited July 21, 2002) <http://www.unhchr.ch/html/menu3/b/d_minori.htm>.
[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) <http://www.cwis.org/fwdp/International/ilo_107.txt>.
[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)
<http://www.usask.ca/nativelaw/ddir.html>.
[31] Vienna Declaration, § II, 28-29. (visited July 21, 2002) <http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument>.
[32] Declaration of the Principles of International Cultural
Co-operation (visited July 21, 2002) <http://www.unesco.org/culture/laws/cooperation/html_eng/page1.shtml>.
[33] International Covenant on Economic, Social, and Cultural Rights
(visited July 28, 2002) <http://www.tufts.edu/departments/fletcher/multi/texts/BH497.txt>.
[34] International Covenant on Civil and Political Rights (visited July
24, 2002) <http://www.tufts.edu/departments/fletcher/multi/texts/BH498.txt>.
[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)
<http://www.coe.int/portalT.asp>.
[36] Draft Unesco Declaration on Cultural Diversity (visited Aug. 5,
2002) <http://unesdoc.unesco.org/images/0012/001234/123405e.pdf>.
[37] Implementation of the Declaration on the Preparation of Societies
for Life in Peace (visited Aug. 5, 2002)
<http://www.un.org/documents/ga/res/42/a42r091.htm>.
[38] Declaration on the
Right of Peoples to Peace (visited Aug. 5, 2002)
<http://www.unhchr.ch/html/menu3/b/73.htm>.
[39] Paul Sieghart, The
International Law of Human Rights 368 (1995).
[40] African Charter on Human and Peoples' Rights (visited Aug. 5, 2002)
<http://www.hrcr.org/docs/Banjul/afrhr.html>.
[41] Rebecca M. M. Wallace,
International Human Rights Text and Materials 1 (2001).
[42] Declaration of Philadelphia (visited Aug. 5, 2002)
<http://www.idhbb.org/uk-page4.1.htm>.
[43] Declaration on the Right to Development (visited Aug. 8, 2002)
<http://www.unhchr.ch/html/menu3/b/74.htm>.
[44] Vienna Declaration (visited Aug. 7, 2002)
<http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument>.
[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)
<http://sedac.ciesin.org/pidb/texts/rio.declaration.1992.html>; Program
of Action of 1994 Cairo Conference (visted Aug. 18, 2002) <http://www.undp.am/archive/gender/UN/Coordinator/Cairo/Cairo_1.htm>;
Declaration and the Programme of Action of the World Summit for Social
Development (Copenhagen, 1995) (visited Aug. 14, 2002)
<http://www.visionoffice.com/socdev/wssd.htm>; the 1995 Platform of
Action of the Beijing World Conference on Women (visited Aug. 14, 2002)
<http://www.undp.org/fwcw/fwcw2.htm>.
[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)
<http://www.unhchr.ch/html/menu3/b/74.htm>.
[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).
[53]Burns H. Weston. Human Rights the content of human rights: Three
generations of right (visited July 21, 2002) <http://www.uichr.org/features/eb/weston4.shtml>
[54] United Nations Declaration on the Right to Development, Article 2
(1) (visited Aug. 8, 2002) <http://www.unhchr.ch/html/menu3/b/74.htm>.
[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)
<http://sedac.ciesin.org/pidb/texts/rio.declaration.1992.html>.
[57] Vienna Declaration (visited Aug. 5, 2002)
<http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocumet>.
[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)
<http://www.un.org/documents/ecosoc/dec/1998/edec1998-242.htm>.
[59] African Charter on Human and Peoples' Rights (visited Aug. 5, 2002)
<http://www.hrcr.org/docs/Banjul/afrhr.html>.
[60] See, for example, General Assembly RES/45/100 of 14 December 1990
(visited Aug. 5, 2002) <http://www.un.org/documents/ga/res/45/a45r100.htm>.
[61] Burns H. Weston Human Rights the Content of Human Rights: Three
Generations of Rights (visited July 24, 2002) <http://www.uichr.org/features/eb/weston4.shtml>.
[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.)
[67] Richard B. Lillich &
Hurst Hannum, International Human Rights Problems of Law, Policy and Practice
201 (1995).
[68] Eva Brems, Human Rights:
Universality and Diversity 73 (2001).
[69] Paul Sieghart, The
International Law of Human Rights 368 (1995).
[70] Eugene Kamenka, Human Rights, Peoples’Rights, in The Rights of Peoples 133 (James
Crawford ed., 1988).
[71] James Crawford, The Rights of
Peoples 167 (1992).
[72] Peter Jones, Human Rights, Group Rights, and Peoples’ Rights,
Human Rights Quarterly 2. 86-88
(1999).
[73] William F. Felice, The Case for Collective Human Rights: the
Reality of Group Suffering, Ethics
and International Affairs 48 (1996).
[74] Michael Freeman, Are there
Collective Human Rights? 32-33 (1995).
[75] J. Donnely, Third Generation Rights, in Peoples and Minorities in International Law
92 (Catherine Brolmann et al. ed., 1993).
[76]
Eva Brems, Human Rights:
Universality and Diversity 74 (2001).
[77] Eva Brems, Human Rights:
Universality and Diversity 485 (2001).
[78] Jose Ayala-Lasso, The Universality of Human Rights, in Human Rights and Humanitarian Law. The Quest
for Universality 94 (Daniel Warner ed., 1997).
[79] Burns H. Weston Human Rights the content of human rights: Three
generations of rights (visited July 24, 2002) <http://www.uichr.org/features/eb/weston4.shtml>.
[80] Burns H. Weston Human Rights the content of human rights: Three
generations of rights (visited July 24, 2002) <http://www.uichr.org/features/eb/weston4.shtml>.
[81] Jack Donnely, Human rights, individual rights and collective
rights, in Human Rights in a
Pluralist World. Individuals and Collectives 72-73 (Jan Berting et al.
ed., 1990).
[82] Eva Brems, Human Rights:
Universality and Diversity 67 (2001).
[83] Eva Brems, Human Rights:
Universality and Diversity 70 (2001).
[84] Eva Brems, Human Rights:
Universality and Diversity 71 (2001).
[85] J. Donnely, Third Generation Rights, in Peoples and Minorities in International Law 149
(Catherine Brolmann et al. ed., 1993).
[86] J. Donnely, Third Generation Rights, in Peoples and Minorities in International Law 149
(Catherine Brolmann et al. ed., 1993).
[87] Rebecca Wallace,
International Human Rights: Text and Materials 104 (2001).
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