Brazhnyk Human Rights

Only available on StudyMode
  • Download(s) : 48
  • Published : March 10, 2015
Open Document
Text Preview

Human rights frequently collide and intertwine. Therefore, in this paper we consider the way the collision of human rights to economic development and human rights to a healthy environment. This essay will argue that the right to a healthy environment and right to economic development can be compatible, but this requires sustainability of society, economy, and politics. Before we will know in what ways these rights may collide, we will look at what those rights are guaranteed, after let us examine the examples of how these rights can harm each other or exist peacefully with each other. Modern world enables people to develop freely and exercise their rights determined and fixed as international law and the law of each country. Jurisprudence distinguishes three generations of human rights, due to their historical development and formation, which according to the first-generation rights are those associated with liberal values of society and include civil and political rights. They were enshrined at the global level and given status in international law first by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later in the 1966 International Covenant on Civil and Political Rights (Waldron, 1993). The second- generation rights are rights related to human social existence and implementation of economic rights. Like first-generation rights, they were also covered by the Universal Declaration of Human Rights, and further embodied in Articles 22 to 28 of the Universal Declaration, and the International Covenant on Economic, Social, and Cultural Rights. This facts draws attention to the difference between the first and second generation rights, it is that the first generation is the generation is called "negative rights", implemented by man and are protected from interference, while the second generation is a generation of "positive rights" for implementation of which requires active involvement of the state. The third generation of human rights, which shown in many progressive documents of international law, including the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment, the 1992 Rio Declaration on Environment and Development, and other, combines the collective rights that are required not only to one individual, and that is important and necessary to all members of society. If we talk about economic and social rights that belong to the second generation, we should mention the economic function of the state primarily. The essence of economic rights is the possibility of human and society to operate freely in economic, industrial employment. Perform the operation on the creation, distribution and use of wealth. So, B. Nersesyants defines economic rights as individual rights (human and citizens) as an independent economic entity (commodity - money, production, market) relations (Nersesyants 2000). Skakun defines economic rights as possibility (freedom) and civil rights to possess, use and dispose of commodities and the main factors of economic activity: the property (property rights) and its workforce (the choice of occupation), use it yourself or employment agreement (right to work), to detect and entrepreneurial initiative in the realization of their abilities and the acquisition of livelihoods, participating in the production of material and other benefits. These economic rights combine the right to property, business, the right to work (Skakun 2001). Referring to environmental rights, the very fact that they are coming out of their collective merits, because they are not related to the implementation of these rights by one person for their own needs, and with common actions for the protection, use and reproduction of natural resources, environmental security, prevention of the harmful effects of human activities on the environment, conservation and restoration of natural resources. Yes, Kravchenko defines environmental rights as enshrined in the law system of law...
tracking img