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Human rights and development
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Human rights and development : ウィキペディア英語版
Human rights and development

Human rights and development aims converge in many instances and are benficial only to the government and not the people although there can be conflict between their different approaches. Today a Human Rights based approach is viewed by many as essential to achieving development goals. Historically the "minority clauses" guaranteeing civil and political rights and religious and cultural toleration to minorities were significant acts emerging from the peace process of World War I relating to a peoples rights to self-determination. Overseen by the League of Nations Council the process allowed petitions from individuals and was monitored under the jurisdiction of the Permanent Court of International Justice. The 'clauses' are an important early signpost in both the human rights and development histories.
==Human Rights History==
(詳細はUnited Nations Charter 〔(【引用サイトリンク】url=https://www.un.org/en/documents/charter/ )〕 in both the Preamble and under Article 1 though only sparingly. The preamble of the UN Charter reaffirms "faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women". Article 2(4) however prohibits the use of force and has ever since be used to block humanitarian actions though Chapter VII provides for Security Council enforcement measures.
The Charter established the Economic and Social council which set up the UN Human Rights Commission now the United Nations Human Rights Council. Chapter VI of the Charter entitled International Economic and Social Cooperation provides Article 55 (c) the "universal respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion". Article 56 requires States to take joint and separate actions in cooperation with the UN to achieve their mutual aims. Human rights are inherent in the progress of economic social and cultural goals and therefore to Human Development as such.
The Universal Declaration of Human Rights 1948 〔(【引用サイトリンク】url=http://www.un.org/en/documents/udhr/ )〕 is not binding law and reflects an unwillingness of Allied powers to codify an International Bill of Rights where fears that colonial interests would be negatively affected were still influential. Human rights are viewed as universal, indivisible, interdependent and interrelated. René Cassin one of the architects of the declaration conceived the rights as divided into 4 pillars supporting the roof a temple, "dignity, liberty, equality, and brotherhood". Articles 1 & 2 comprising the first pillar relates to human 'dignity' shared by all individuals regardless of religion, creed, ethnicity, religion, or sex. Articles 100-19 the second pillar invokes first-generation rights civil 'liberties' fought for during the Enlightenment. Articles 20-26 the third pillar are second-generation rights, relating to political, social and economic equity, championed during the Industrial Revolution. Articles 27-28 the fourth pillar are third-generation rights associated with community and national solidarity advocated from the late 19th. These pillars support the roof of the temple Articles 29-30 representing the conditions in society under which the rights of individuals can be realized
Certain civil and political rights converging with development aims include Article 2 which entitles everyone to rights with distinction as to race, colour, sex, or language; Article 3 the rights to life, liberty and security of person; Article 8 the right to effective remedy and Article 9 the right to an independent tribunal; Article 19 entails freedom of expression and Article 20 freedom of peaceful assembly; Article 21 is the right to participate in government and Article 26 provides rights to education.
Article 28 importantly signifies ' Everyone is entitled to a social and international order in which the rights and freedoms set forth in this declaration can be fully realized. The right calls for enforcement mechanisms and echoes Chapter VII of the UN Charter permitting security council intervention for human rights violations on a scale that threatens world peace. The UN Charter allows for a limit to state sovereignty were Human Rights are threatened. Two critiques of the declaration are that it did not make political rights dependent on multi-party democracy and there is a lack of protection for ethnic minorities, protecting individual rights do not necessarily protect group rights.
The nexus between grave human rights violations and international security is significant as atrocities within a sovereign state are of concern to international law, when they upset neighbouring states in a manner disturbing to world peace. Article 55 of the Charter states "promotion of the respect for human rights helps create conditions of stability" and "recognition of ... equal and inalienable rights of all members of the human family is the foundation ... of peace in the world". Taken together the United Nations Charter and Universal Declaration of Human Rights provide a legal mechanism which may challenge the sovereign rights of States to oppress people within their own jurisdiction
The Vienna Declaration and Programme of Action (VDPA) 〔(【引用サイトリンク】url=http://www.ohchr.org/en/professionalinterest/pages/vienna.aspx )〕 reaffirms the right to development under part 1, paragraph 10 and was adopted by consensus at the World Conference on Human Rights1993. The United Nations Office of the High Commissioner for Human Rights was created by the declaration and endorsed by the United Nations General Assembly (UNGA) under resolution 48/121.〔(【引用サイトリンク】url=http://www.un.org/documents/ga/res/48/a48r121.htm )
The Rio Declaration on Environment and Development 〔(【引用サイトリンク】url=http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm )〕 sought solutions to poverty, the growing gap between industrialized and developing countries and environmental problems. All elements were accorded equal weight and the declaration defined the rights and obligations of nations in 27 principles and recognizes “the polluter pays” as its guiding tenet.
The Action 2 Plan of Action and work plan 〔(【引用サイトリンク】url=http://www.un.org/events/action2/ )〕 stems from the UN Secretary General report Strengthening of the United Nations; An Agenda for Further Change. Integrating human rights into humanitarian, development and peace keeping work throughout the UN system. The plan introduces the UN Common Learning Package and a Human Rights-Based Approach (HRBA) 〔(【引用サイトリンク】url=http://www.undg.org/content/programming_reference_guide_(undaf)/un_country_programming_principles/human_rights-based_approach_to_development_programming_(hrba) )〕 which builds on the experience of all agencies.
The emphasis of the HRBA is based on common understanding and requires that 1) all programmes of development co-operation, policies and technical assistance should further the realisation of human rights as laid down in the Universal Declaration of Human Rights and other international human rights instruments; 2) human rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other international human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming process and 3) development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights.
The major human rights principles guiding the programme are regarded as universality and inalienability; indivisibility; interdependence and interrelatedness; non-discrimination and equality; participation and inclusion; accountability and the rule of law.

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