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2005, iss. 1-2, pp. 128-138
Solidarity rights
University of Belgrade, Faculty of Law, Serbia
Abstract
In general terms, the justifiability and necessity of a dynamic approach to human rights and expansion of the list of recognized human rights, when there are grounds for it, cannot be disputed. It is beyond doubt that the four mentioned rights have entered the corps of human rights, even though often there are no clear criteria as to who is their holder and how they can be prosecutable. Today, the UN Commission for Human Rights lightly takes up the task of expanding the list of human rights, often without clear criteria and indications, even though this role has been left to the General Assembly. This is why it should be once more underlined that all human rights must meet the following criteria: a) the right must be fundamental b) the right must be universal, in terms of being widely recognized and guaranteed to everyone; and c) the right must be suitable for precise formulation, so that a state may be subject to legal obligation. Third generation rights are often said to be the rights belonging to "every people", unlike the rights of the first two generations, which belong to "every person" or "everyone". In short, these rights are collective and their realization requires co-operation of all key players: individuals state, public and private bodies, and a certain degree of co-operation of the entire international community. Therefore, in order to effect a certain degree of solidarity, there has to be awareness on planetary problems, such as peace, development, ecological balance and communication. One must not forget that the process of development of international human rights is slow and controversial, often resulting in acceptance of the lowest common denominator. This is why these rights are yet to be developed and, for the time being, remain more of an aim then an prosecutable right.
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article language: Serbian
document type: Paper
published in SCIndeks: 02/06/2007

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