Third Generation Of Human Rights Research Articles

The right to peace: modern approaches to legal understanding

The article defines the right to peace in the context of the third generation of human rights, i.e. rights, the subject of which is society as a whole. It is determined that the right to peace is an international collective right, which is based on ensuring the prerequisites for a safe, stable, and dignified life of human societies away from the dangers and disasters of wars, as well as the consequences and dangers of armed conflicts, in the light of the basic requirements that arise from the idea of ensuring achieving security of human rights, non-violence, achieving development, environmental protection and other elements that cannot be separated from the right to peace.
 The author lists the characteristics of the right to peace as a third-generation right, namely: the international nature of the organization, collectivity, protection from the provisions of international law, and subsidiarity compared to the rights of other generations.
 The essential characteristics of the right to peace are determined, in particular the interrelationship of peace with other fundamental human rights, as well as the interdependence of all states in the aspect of ensuring the right to peace. The author proves the thesis that the right to peace is the duty of all states because the existence of a conflict between two parties determines the disturbance of peace and stability beyond the borders of the conflicting parties.
 The means of ensuring the right to peace and measures taken by the United Nations to maintain and establish peace and security, i.e. effective and collective measures to prevent and eliminate threats to peace and to achieve it by peaceful means and in accordance with the principles of justice and international law are described. The characteristics of peacekeeping operations and monitoring missions, the latter of which took place for settlement between Ukraine and the Russian Federation, are given.

Environmental Protection in the Field of Human Rights

In the field of science, human rights and environmental protection are multidisciplinary fields. Hence different approaches to their interaction. In the context of the historical development of human rights, the right to a healthy environment belongs to the third generation of human rights. Due to the increase in industrialization around the world and the use of technologies which main feature is the easy availability and low cost of raw materials and processes, a number of global environmental problems have appeared (ozone depletion, global warming, climate change, etc.) which required a global response. The previous approaches (Stockholm Conference, etc.) were not enough, a new concept was needed that prevents the emergence of problems. A new concept, called sustainable development, implies economic development without permanent impact on the environment. Through the principle of sustainable development, the last UN concept for environmental protection and improvement of society in all segments was formulated, called Agenda 2030. BiH is a signatory to the agenda, but main driver of progress in the field of environmental protection and human rights is BiH’s aspiration to join the EU. One of the key meeting points of human rights and environmental protection should be the rights of activists for environmental protection, resolving their legal status through a law that will recognize their importance. The EU is specifically working on this, so it is expected that BiH will also make progress in the field of better status of activists for environmental protection, through the process of joining EU.

The right to peace in the system of human rights

The article analyzes and researchs the human right to peace as a special right of the third generation of human rights. The text of this work draws attention to the relationship between the right to peace and other human rights. Considerable importance is attached to enshrining the special right to peace in regional documents on the protection of human rights. It has been found that in the documents of international law, the issue of peace is often mentioned in preambles, as well as in articles outlining the goals and objectives of the activities of international organizations and the world community. The need to establish theright to peace as an independent human right at the level of international documents is analyzed, which, in turn, will help eradicate the practice of justifying violations of peace. The practice of the European Court of Human Rights regarding theviolation of the right to peace was considered.It was clarified and highlighted that although the right to peace is not directly enshrined as a separate and independent human right in the text of the European Convention on Human Rights, the violation of certain enshrined rights entails a violation, in including the guaranteed right to peace. The relationship between the right to peace and human rights is analyzed on the example of specific decisions of the European Court of Human Rights. The position on the need for further research into mechanisms for protecting the human right to peace, especially through the European Court of Human Rights, is highlighted. An opinion has been proposed, according to which enshrining the right of every person to peace in international declarations would be the first step towards its accurate recognition as an independent human right in the international arena. The position of the need to protect humanity’s right to peace is also highlighted, as such protection will be key for all humanity and will guarantee compliance with human rights standards. It is concluded that effective judicial protection of the human rightto peace will be offered in the future in view of further fruitful research in this area.

Public Councils as a Legal Form of Partnership between the State and Its Citizens

Today, the existence of every society and every state is marked with the presence of generally accepted phenomena that radically distinguish the legal status of an individual from his ancestors, who lived hundreds or even thousands of years ago. These phenomena are: democracy, legal society, human rights, good governance, participatory democracy, etc. The study of legal relations between an individual or a group of individuals and the state, represented by the system of government in one form or another, has been carried out by a large number of well-known legal scholars, sociologists, political scientists, and economists, all of whom offered numerous theoretical concepts, represented different scientific schools, and worked in various fields of research. The basic issue they have been trying to solve both in the past and at present is how an individual citizen or a group of individuals can influence the decision-making processes of public authorities that affect the interests of each of them. It turned out that the institutions we are aware of (like those of political parties, public organizations, unions) are not the only legal forms of association of the country citizens who seek to exercise public power and represent the interests of certain groups of their compatriots. The active changes that took place in the world after the Second World War, as well as the emergence of the third generation of human rights were a logical continuation of the growing influence of liberal ideas and views, which proved the existence of new scientific alternatives, ideas and concepts for developing the theory of deliberative democracy. The latter’s main objective was the idea of citizens’ active involvement in decision-making by the authorities and local governments, which consequently led to the phenomenon of public-private partnership. The article under discussion contains a legal analysis of the institution of public councils as one of the legal forms of such interaction through the theory of communicative action. At the same time, the paper will contain an attempt to analyze the current Ukrainian legislation that determines and regulates the legal status of public councils. This will enable to draw conclusions about the level of involvement of citizens in the decision-making process. In addition, the article will lay particular emphasis on a study of the already established and existing public councils in Ukraine, as well as will identify the positive and negative aspects of their activities, which will help to work out the problematic aspects of their legal status and offer practical ways to eliminate them.

Третье поколение прав человека и вопрос о правовой защите русскоязычного населения Украины

Relevance. The attitude to the violation of the rights of the Russian-speaking population in Ukraine is one of the most relevant examples of the policy of double standards of the international human rights field for the modern Russian Federation, which requires a theoretical and practical response from both the Russian and international human rights communities. The purpose is to investigate the contradictions in the modern theory and practice of international legal protection of the Russian-speaking population in Ukraine and possible ways to resolve the conflict based on the implementation of legal protection of group rights (third generation of human rights) of the Russian-speaking population. Objectives: to show the contradictions in modern theory and problems in international practice of protecting the linguistic and cultural rights of the Russian-speaking population in the post-Soviet space; to consider the moral and legal aspects of protecting the Russian-speaking minority in Ukraine in the context of the concept of group (collective) rights; to point out the possibility of using methods based on the theory of the third generation of human rights to protect the Russian-speaking population in Ukraine and to overcome a long non-international military conflict in the region. The research methodology includes the general principles of scientific cognition: objectivity, consistency, his-toricity, as well as private research methods in the field of the science of law. The results of the study consist in proposals for more active implementation of the policy of legal protection of the Russian-speaking population within the framework of the theory of the third generation of human rights (group rights). Conclusions. As a result of the study, it is shown that theoretical justifications of group (collective) rights or rights of the third generation can and should become the basis for a more objective and broad field of application of legal reme-dies, including the Russian-speaking population in Ukraine and in the post-Soviet space and abroad as a whole.

The role of endowments in the realization of peace and human rights

The results of this article indicate that positive peace focuses on health, disease and the fight against disease, poverty, social and economic inequalities, and the realization of social justice and at the same time, the components of the third generation of human rights are trying to realize such things as the right to development, the right to education and the right to occupation that due to its functions, endowment plays an important role in providing the mentioned items. In conclusion, it can be said that endowment is effective in strengthening and promoting positive peace and the components of the third generation of human rights.

Atualidades de Schopenhauer: Direitos Humanos de Terceira Geração

Este artigo tem por objetivo, a partir da leitura e análise de textos éditos e do espólio filosófico de Arthur Schopenhauer, em especial aqueles referentes à ética do autor, apresentar possibilidades de leituras sobre a atualidade do filósofo da vontade no que se refere aos Direitos Humanos de terceira geração, em especial o direito a um meio ambiente preservado.

Vietnam's Response to the COVID-19 Outbreak.

This article explores Vietnam’s response to the COVID-19 pandemic as an example of good ethical practice in dealing with the COVID-19 outbreak. Vietnam’s response to the pandemic is in accordance with the ethics of care which emphasizes solidarity and responsibility. Vietnam’s approach to the COVID-19 pandemic is also in accordance with the third generation of human rights that promote solidarity and responsibilities towards the community. A full implementation of human rights requires more emphasis on responsibilities, especially in the time of crisis.

6 The Intersection of Human Rights and Decision Making Capacity Legislation with Person Centred Approaches

Abstract Background A major focus on decision making capacity (as opposed to cognitive capacity and competence) legislation in many Western countries is the integration of a human rights approach focused on self-determination and autonomy. This paper examines modern day concepts of personhood and person centred care and presents Irish and United Kingdom legal commentaries which focus on health services’ and society's approaches to risky decision making. Integrating human rights into decision making capacity legislation has been central in contemporary discourses on health and welfare. Methods A literature review was undertaken charting the emergence of personhood, person centred care and human rights. Case studies of influential legal commentaries in Ireland and the United Kingdom where decision-making capacity was addressed were mapped to person centred care principles. Results Findings point to a convergence of discourses of human rights in contemporary approaches to health and social care as well as the evolution of legislation to support person centredness in fostering safeguarding and promoting autonomy and self-determination. Specific legal commentaries point to the need of health and social care to be mindful of paternalism and to conceptualise the concept of ‘risk’ with a particular emphasis on the inclusion and defence of the voice of the older or vulnerable person. Conclusion The intrinsic worth of each human is articulated through an implicit and explicit vindication of their human rights. The emergence of the third generation of human rights has argued the value of self-determination and autonomy, articulated through robust national legislation on decision-making capacity based on the core principles of person centred care approaches. This move from paternalism is imperative and is imbued in contemporary legislation and legal commentaries, which has noted the need for revisions in health and social care case management perspectives.

INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

THE HUMAN RIGHT TO A CLEAN ENVIRONMENT BETWEEN THE SYSTEMS OF INTERNATIONAL LAW AND DOMESTIC LAW COMPARATIVE STUDY

The right to a clean environment is one of the most important rights in the field of public rights and freedoms. It belongs to the third generation of human rights. It is based on the idea of solidarity among the peoples of the world. It is not possible to eliminate the various damage to the environment that does not limit international borders, Only through the concerted efforts of international efforts to preserve the environment. The difficulty of proving the damage caused by pollution of the environment, especially across the international border (whether as a result of legitimate or illegal work), lies in the mechanism of establishing the causal link between pollution and damage because the effects of pollution do not directly affect the individual or the State, Therefore, it is necessary to resort to what is known as international responsibility for risk, objectivity or absolute. As the state in international law is the executive authority, it must make the necessary effort to fulfill its obligations so as not to violate the environmental human rights within the state. Therefore, it is necessary to spread the international awareness and hold international conferences to push countries to participate in international conventions that guarantee changing their constitutions and national laws Which guarantees the right to a clean environment through the right to health. It was concluded that the human right to a clean environment has become one of the fundamental rights enshrined in many international conventions, especially those of international organizations, which has made it an international right protected by international law. Therefore, it was recommended that environmental laws should be unified with regard to the various elements of the environment, and that they should be placed in a single legal code for easy access to them and subjecting environmental disputes to a specialized jurisdiction

New Developments of the International Law, at the Beginning of XXIst Century: Towards a Global Charter of Nations Rights

At the beginning of the 21 st century, international law remains in its essence an inter-state law, which does not recognise nations as distinct subjects of law (with the exception of peoples fighting for their independence). In the present paper, we propose a study devoted to the idea that, in the future, in the context of fundamental shifts of the global world, therefore, in the context of inevitable developments in international law, peoples (nations) will become distinct subjects of law, in comparison to states, as holders of rights and obligations that are specific to the new global law, as we will try to explain. Starting from the consecration of the third generation of human rights as rights of solidarity, surpassing the strictly individual field of legal protection, new categories of fundamental rights for the peoples can be developed, recognised as such by the states and international organisations, on the basis of sustainable development and of the “no one will be left behind “principles, that are defined inclusively in the 2030 Agenda.

Responsibilities of Multinational Corporations on Environmental Issues

Multinational corporations play more roles in social and cultural and political issues in this century. This growing trend in multinational companies, has led the international law, talk about "corporate social responsibility". One of the most important aspects of CSR is environmental issues. The question is that is there enough regulatory basis- at the local or international level- to guaranty responsible behavior of these companies. And in the cases of environmental damages which parts of a company should be responsive and compensate damages. Perhaps the assignment of responsibility in the actions against multinational companies on environmental issues is not too difficult; the reason is that losses are objective and external. Note that in many deserving cases, harm to the environmental rights is a violation of human rights, particularly the third generation of human rights.

Some Comments on Water Rights in South Africa

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water.
 Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. 
 The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. 
 The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2
 the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another.
 It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.
 In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

Los derechos humanos hoy: perspectivas y retos XXII Conferencias Aranguren

The first part, on human rights generations, analyzes the historical evolution of freedoms. Human rights were born within modernity, with marked individualistic imprint as individual freedoms that form the first phase or generation of human rights. This individualistic ideological matrix undergo an extensive process of erosion and challenge in the social struggles of the nineteenth century. These protest movements become apparent the need to complete the catalog of rights and freedoms of the first generation with a second generation of rights: economic, social and cultural rights. The protest human rights strategy is presented today with the novel unequivocally polarized around issues such as the right to peace, the rights of consumers, the right to quality of life, liberty or computer features. Based on it, it opens up, with increasing intensity, the conviction that we are dealing with a third generation of human rights complements earlier stages. The second part is the impact of teledemocracy and cyber citizenship in the human rights sphere. The theme of generations of law extends a reference to the rights of third generation nuclear aspect: The projection of the NT and ICTs in the political process of democratic societies (teledemocracy ) and as one of the main aspects of this phenomenon, the exercise of human rights of political participation through new technological means (cyber citizenship ). We study here the main advantages and risks involved in such technology projections in the exercise of human rights.

¿UNA ÉTICA DE CARA AL FUTURO? DERECHOS HUMANOS Y RESPONSABILIDADES DE LA GENERACIÓN PRESENTE FRENTE A LAS GENERACIONES POR VENIR

Dentro del conjunto de los derechos humanos de ter- cera generación se destaca la apelación a una solidaridad de tipo diacrónica entre la comunidad de seres humanos y el mundo natural extra-humano, y otra de tipo sincrónica entre la comunidad de los seres humanos efectivamente vivientes y otros hombres, integrantes hipotéticos de generaciones humanas aún no nacidas. Este artículo analiza críticamente los argumentos esgrimidos a favor y en contra de esa postulación de deberes / obligaciones éticas intergeneracionales en un contexto civilizatorio tecnocientífico, para fundamentar por último la responsabilidad que le cabe a la generación actual en la elaboración de una ética global que atienda seriamente a las demandas del futuro.

Paix, développement et droits de l'homme

The author begins by presenting the institutional effort for development accomplished by the United Nations, the European Council, the European Community as well as that resulting from the A.C.P. Lomé Accords and the Helsinki Accord. The author then situates the right to development in the third generation of Human Rights, which are those of collective rights and examines the very concept of the right to development including all of its social implications.

Bioethics and human rights.

The rights of the first two generations have an individual nature. However, changes to modern society and new challenges have arisen and because of these changes the birth of the third generation of Human Rights took place: the right to development, the right to a satisfactory environment, the right of peace and the right to humanitarian assistance; these rights are known as collective. In any event it is wise to underline the unity of these rights. We can categorize the human rights in several generations, but all these rights are dependent between them by the concept of human dignity which makes them universal and fundamental.

A Third Generation of Solidarity Rights: Progressive Development or Obfuscation of International Human Rights Law?

In recent years there has been growing support, manifested in various international fora, for the notion that a third generation of human rights, composed of solidarity rights, is emerging. The principal assumptions behind this concept are: (1) that the principal categories or sets of human rights presently recognized by international law (civil and political rights on one hand and economic, social and cultural rights on the other) can be termed respectively first and second generation rights; (2) that these rights are not sufficiently flexible or dynamic to be able to respond adequately to present circumstances; (3) that there is a set of more or less homogeneous demands which are distinguished primarily by the fact that solidarity is a prerequisite to their realization; and (4) that these new demands are presently in the process of acquiring international recognition as human rights.

Les lois de la « troisième génération des droits de l’homme » ; ébauche d’étude comparative

Legislation based on a “third generation of human rights” A whole series of laws issued in 1978 and 1979 embodies a fundamental right to information or delineates a’third generation of human rights’. Although the various texts had been commented on piecemeal in the past, no synthetic study on them has been available thus far. The author has attempted to fill this gap by analyzing one by one the different common features of this legislation, its inter-relations, and the novelty of telematics. This study shows that, whatever the ‘generation’, these laws conferring rights to individuals need, in order to become actually applicable, a fundamental political intent operating right down to the base and as the result of custom which takes time to shape up. The ‘third generation’ rights are still beset by teething troubles, which means that their application will have to evolve with time ; they will reach maturity at a later stage... if ever, according to society and the whims of EDP, telematics and the audiovisual media.