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SOLIDARITY/COLLECTIVE RIGHTS (Third Generation of Rights) PEACE, DEVELOPMENT, ENVIRONMENT RIGHT TO PEACE - Right to peace belongs to the category

of solidarity/collective rights - Universal recognition of peoples sacred right to peace FUNDAMENTAL OBLIGATION OF A STATE (Declaration on the Right of Peoples to Peace, 1984): 1. Preservation of the right of peoples to peace; and 2. Promotion of its implementation Conflicts may possess an international or noninternational character - Included are: internal conflicts and tyrannical regime victimization - Resulted in more than 170 million deaths INTERNATIONAL INSTRUMENTS 1. UN Declaration of Principles of International Law Concerning Friendly Relations and Cooperation Among States 2. UN General Assembly Resolution 33/73 Declaration on the Preparation of Societies for Life in Peace (1978) 3. Declaration on the Right of Peoples to Peace of 1984 4. UNGA Resolution 45/14 Implementation of the Right of Peoples to Peace RIGHT TO DEVELOPMENT DEFINITION Development a comprehensive economic, social, cultural and political process which aims at the constant improvement of the well-being of the entire population and of all individuals through their meaningful participation - Process of expanding the freedom that people enjoy and requires the removal of major sources of unfreedom like poverty, tyranny, poor economic opportunities,

systematic social deprivation, neglect of public facilities, intolerance or overactivity of repressive states (Amartya Sen) Based on the definition by Sen: Essence: to expand freedom that people enjoy and to remove major sources of unfreedom Sources of Unfreedom: poverty, tyranny, poor economic opportunities, systematic social deprivation, neglect of public facilities, intolerance or overactivity of repressive states Poverty conditions where freedoms are diminished and denied INTERNATIONAL INSTRUMENTS 1. UN Declaration on the Right to Development 2. African Charter on Human Rights and Peoples Rights 3. Arab Charter on Human Rights 4. 1992 Rio Declaration on Environment and Development 5. 1993 Vienna Declaration and Programme of Action 6. Millennium Declaration 7. 2002 Monterey Convention 8. 2005 World Summit Outcome Document 9. 2007 Declaration on the Rights of Indigenous Peoples RIGHT TO ENVIRONMENT STOCKHOLM CONFERENCE OF 1972 - Considered as the pioneer on global recognition that (1.) human rights and environmental protection are connected, and (2.) man has a fundamental right to an environment that permits a life of dignity and wellbeing - Principle 1 of the Stockholm Declaration: linked environmental protection and human rights Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being and Man bears a solemn responsibility to protect and improve the environment for present and future generations INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS - Step taken by State Parties to the present Covenant to achieve full realization of this right shall include

those necessary for: improvement of all aspects of environmental and industrial hygiene OTHER INTERNATIONAL INSTRUMENTS 1. 1972 World Heritage Convention 2. 1985 Vienna Convention 3. 1987 Montreal Protocol on Substances that Deplete the Ozone Layer 4. 1989 Basel Convention on the Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal

REMEDIES AND PROCEDURES FOR RESPONDING TO HUMAN RIGHTS VIOLATIONS AND HUMAN RIGHTS ABUSES HUMAN RIGHTS VIOLATIONS - Acts committed by or at the instigation of or with the consent of a public official or other person acting in an official capacity contrary to human rights law, causing bodily or mental pain or suffering or death - Any act or omission committed during the period of September 21, 1972 February 25, 1986 by person acting in an official capacity/agents of the State (The Human Rights Reparation and Recognition Act of 2013) CRIMES - Transgressions or violations of human rights committed by non-State actors - Also considered as human rights violations HUMAN RIGHTS ABUSES - Violations committed by rebels (Comprehensive Agreement on Respect for Human Rights and Respect for International Humanitarian Law) REMEDIES - Protects rights from harm, injury and assault originating from State and non-State actors - Ensures rights are fully enjoyed - Used to cope up with the indignities and abuses - Domestic and Non-domestic (International) - Found in the: Constitution, Statutes and International instruments DOMESTIC REMEDIES Civil, Criminal and Administrative Art. 32 of NCC Art. 100 of RPC Bill of Rights, The Rule on the Writ of Amparo, The Rule on the Writ of Habeas Data, The Rule of Procedure for Environmental Cases File a complaint with the Commission on Human Rights; prosecution will be handled by DOJ until case is resolved RIGHT TO DEVELOPMENT DEFINITION

Development a comprehensive economic, social, cultural and political process which aims at the constant improvement of the well-being of the entire population and of all individuals through their meaningful participation - Process of expanding the freedom that people enjoy and requires the removal of major sources of unfreedom like poverty, tyranny, poor economic opportunities, systematic social deprivation, neglect of public facilities, intolerance or overactivity of repressive states (Amartya Sen) Based on the definition by Sen: Essence: to expand freedom that people enjoy and to remove major sources of unfreedom Sources of Unfreedom: poverty, tyranny, poor economic opportunities, systematic social deprivation, neglect of public facilities, intolerance or overactivity of repressive states Poverty conditions where freedoms are diminished and denied INTERNATIONAL INSTRUMENTS 10. UN Declaration on the Right to Development 11. African Charter on Human Rights and Peoples Rights 12. Arab Charter on Human Rights 13. 1992 Rio Declaration on Environment and Development 14. 1993 Vienna Declaration and Programme of Action 15. Millennium Declaration 16. 2002 Monterey Convention 17. 2005 World Summit Outcome Document 18. 2007 Declaration on the Rights of Indigenous Peoples RIGHT TO ENVIRONMENT STOCKHOLM CONFERENCE OF 1972 - Considered as the pioneer on global recognition that (1.) human rights and environmental protection are connected, and (2.) man has a fundamental right to an environment that permits a life of dignity and wellbeing - Principle 1 of the Stockholm Declaration: linked environmental protection and human rights Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being

and Man bears a solemn responsibility to protect and improve the environment for present and future generations

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