Secondly, the different generations of rights are mutually supportive. For example, civil and
political rights are necessary for the exercise of
economic, social and cultural rights as they
“All human rights are universal,
make it possible for groups to seek the indivisible and interdependent and
implementation of their rights through interrelated.
The
international
participation in judicial and political processes.
community must treat human rights
globally in a fair and equal manner, on
Finally, certain rights do not fit neatly into any the same footing, and with the same
of the three existing categories. The right to a emphasis. While the significance of
healthy environment, for example, has been national and regional particularities and
characterized and recognized as a civil and various historical, cultural and religious
political right (e.g. the right to judicial review of backgrounds must be borne in mind, it
decisions affecting the environment), an is the duty of States, regardless of their
economic, social and cultural right (e.g., the political, economic and cultural
right to a healthy environment), and as a systems, to promote and protect all
solidarity right (e.g. a people’s right to a healthy human rights and fundamental
environment). In addition, a number of freedoms.”
declarations and treaties contain provisions that
relate to two or more generations of rights. Vienna Declaration and Programme of Action, as
Most notably, the UDHR and the African adopted by the World Conference on Human
Charter on Human and Peoples’ Rights Rights on 25 June 1993, U.N. Doc.
A/CONF.157/23, at para. 5.
(ACHPR) affirm the existence of all three
generations of rights.
In principle, under international human rights law, all human rights are considered to be
universal, inalienable, indivisible, interdependent and interrelated. Practically speaking,
however, international human rights law itself accords a certain priority to civil and political
rights over the other two generations of rights. This priority is reflected in the vague,
recommendatory, and aspirational terminology that often characterises second and third
generation rights, as well as the lack of strong mechanisms to ensure compliance with these
rights. As the CESCR has pointed out: “In effect, despite the rhetoric, violations of civil and
political rights continue to be treated as though they were far more serious, and more
patently intolerable, than massive and direct denials of economic, social and cultural
rights.”26
While there is some scope within international human rights law for differences in the
implementation or prioritisation of certain human rights standards, these differences have no
bearing on the legal question of whether a State must comply with its human rights
obligations. Nevertheless, this debate is of practical importance: it influences the negotiation
of international human rights instruments, impacts upon whether a State will sign a human
rights treaty or make reservations to it, and may have a bearing on whether a human rights
standard will actually be complied with by a State.
Charter of the United Nations, 26 June 1945, Can TS 1945 No 7, online: United Nations
<http://www.un.org/en/documents/charter/>.
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