Third generation human rights: right to peace

Introduction

Talking about Human Rights brings with it a long and dantesque history full of innocent blood spilled and arbitrariness committed by those who think that force can outweigh reason. However, there were people who mediated force based on reason to assert what God gave to the world and to his children: freedom and equality.

On the other hand, legal protection is essential in Human Rights since having a legal system and as a supreme norm a Constitution that defends them, the objective proposed and fought for so many years will finally be achieved. Thus, we will give a vision of Human Rights in a universal and particular context.

The Right to Peace and No to War means that humanity is once again in danger, despite the response of millions of people who have demonstrated in different cities of the world in recent months for Peace. Peru has not been absent. The construction of a world governed by norms and values ​​that allow international coexistence, such as the United Nations System, is about to be crumbled.

It is before the attack on the fundamental notions of that United Nations System such as the Universal Declaration of Human Rights, the international Treaties and Conventions signed and ratified by the States, that we reaffirm and invoke International Law as the Instrument of World Protection that governs and regulates the conduct of governments in favor of individuals and families.

The main person in charge of this crisis, although not the only one, is the current government of the United States headed by George Bush, since it has chosen the path of war, there are others. In reality, its objective is to seize the world's second largest oil reserve and consolidate an imperial domination of the United States based on its economic and military hegemony.

However, citizens have a memory, we reaffirm our vocation for integration among the peoples of the world, and we express our commitment to fight against the fratricidal policy of the American empire.

The Human Rights to Peace are the product of an exhaustive search and research that has been carried out to obtain a monograph in which the subject is explained in order to achieve an awareness of them, and to be able to collaborate so that they are respected, recognize, protect and promote human rights.

The Monograph deals with Third Generation Human Rights: Right to Peace; and it is divided into the following parts: In the first chapter the Historical Background on human rights is developed, in the following the Hypothesis of study has been elaborated. In chapter III, everything related to Human Rights is focused: concepts, meanings of the term, its classification, principles, characteristics.; The fourth chapter deals with the topic of "Third Generation Human Rights"; and the last chapter is made up of The Right to Peace. Finally, the Conclusions, Recommendations and the respective Bibliography have been proposed.

I. Historical background on Human Rights.

1.1 Background

Trying to make a historical approach to the origin of human rights and saving the aforementioned divergences, we would have to refer to a series of important facts that have contributed to the development of these rights.

In this sense, as José Thompson (1) points out, in his book "Education and Human Rights, published by the Inter-American Institute, a first stage would be constituted by Greco-Roman humanism, as in its eastern origins, the so-called Hamurabi Code (2), which is the first to regulate the well-known Talion Law (3), establishing the principle of proportionality of revenge, that is, the relationship between aggression and response.

In the work of Sophocles (4), there is a precedent to the concept of human rights, when in Antiphon, this character responds to King Creon (5), who, in contravention of his express prohibition, to bury the corpse of his brother, he had buried himself acting "according to unwritten and immutable laws of heaven." With this idea in the work of Sophocles, he was referring to the existence of rights not established by man, but which also correspond to him by his own nature, because they are inherent in his condition of being human.

The Ten Commandments of the Old Testament (6), constitute another antecedent in the history of human rights, since by establishing prohibitions, fundamental values ​​of human beings, such as the right to life, were being recognized when prescribing the « don't kill ”, for example.

On the other hand, in Stoicism (7), another important mention is made "with the precision of the concept of natural law and the development of natural law (8), based on rationality and finished off with a cosmopolitanism, which would bring men closer".

Christianity (9) gave rise to a new stage in the historical development of human rights, proclaiming equality between human beings and rejecting violence. All this contributed to the acceptance of principles, especially among oppressed peoples and slaves.

Later, despite the existence of monarchical absolutism (10) and as a fight against these regimes, some rights were consolidated. The Reform (11) and Counter-Reformation (12) movements that were seeking greater freedom in terms of religious beliefs, also gave their contribution.

But, it was in 1215 when the first express consecration occurred that established limits to the power of the State vis-à-vis its subjects in the Magna Carta (13), which together with the habeas corpus (14) of 1679 and the Bill of Rights (15) of 1689, constitute the antecedents of modern declarations of rights.

During the 18th and 19th centuries, a series of historical events occurred in which the ideas of freedom and equality of human beings were present. All of them contributed to the conceptualization of human rights.

The ideas of Charles Montesquieu (16) and Juan Jacobo Rousseau (17) in France are fundamental. Montesquieu severely criticized the abuses of the Church and the State. By studying the French institutions and customs of the time, he gave precise forms to the theory of parliamentary democratic government with the separation of the three powers, legislative, executive and judicial, as a mechanism of reciprocal control between them, theoretically ending the concentration of the power in the same person and the consequent abuses and abuses that historically had produced the unrestricted power of the monarch against human beings.

For his part, Juan Jacobo Rousseau, vigorously denounced the injustices and miseries resulting from the social inequality of his time, advocated the idea of ​​a society based on absolute equality, in which each member, while submitting to the decisions of the collective, is at the same time part of the sovereign people, whose general will constitutes the Law. These ideas of Rousseau favored the elaboration of the concept of human rights by raising the need for the existence of equality between men, who must submit their will individual to the will of the collective, in order to achieve well-being for all.

In 1776 the Declaration of Independence, written by Thomas Jefferson (18), and approved by the United States on July 4 of that year, proclaimed the following: “We hold as true evidence that all men are born equal, that they are endowed by their Creator of certain inalienable rights, among which is the right to life, liberty and the search for happiness… », consecrating some individual rights.

But the conceptual development of individual human rights reaches its greatest richness in the liberal ideas of the French Revolution (19) in 1789, with the Declaration of the Rights of Man and of the Citizen (20), where the universal character of human rights and their belonging to man for being human. This Revolution occurred at a time when millions of people were subject to oppression.

Later, after the recognition of individual rights, a new fight begins. The labor movements undertake the defense of human rights from a collective perspective, more broadly, it is the moment in which the workers demand their demands. The Mexican (21) and Russian (22) revolutions of 1917 constitute decisive historical events for the legal consecration of these collective rights, which have been called economic and social rights in domestic legislation.

Another important event in the history of human rights is shaped by World War II (23), as its aftermath contributed to the international community directing its interest towards the establishment of these rights in international declarations and covenants, which allowed recognition and supervision thereof, beyond the internal sphere of each State, as we will explain later.

All these movements, which we have succinctly reviewed, gave their contributions to the consecration of human rights, both in the internal constitutions of the different nations and in international instruments.

1.2 Bibliographic references of chapter I

(1) Thompson, José. Education and Human Rights. Without place, Inter-American Institute.

(2) It is a compilation of laws of Hamurabi, King of Babylon (1850 - 1793) written in Acadian languages ​​that contains norms of criminal, commercial and civil law. In part they are similar to the Old Testament of the Bible.

Taken from: Chanamé Orbe, Raúl. Modern legal dictionary. Lima, San Marcos, 1995, p. 106.

(3) The Law of Talion or the "Law of Vengeance" is expressed in the book of Exodus: EX 21, 23 - 25, and its intention is to end once and for all with the commission of continuing acts of revenge, ensuring that the punishment does not exceed the original crime. Jesus' Sermon on the Mount forbids even this limited reaction (Matthew 5, 38 below)

Taken from: Brownning, WRF Dictionary of the Bible. Barcelona, ​​Paidós, 1998, p. 279.

(4) Sophocles: Colona, ​​495? - Athens 406 BC Greek tragic poet. His father is an aristocrat who provides him with an excellent education. Sophocles is named Treasury of the War Fund when Athens is in the political and economic boom. His dramaturgy career begins with great successes. Among the almost two hundred works he writes, only those of his maturity remain complete. Ajax, Oedipus in Colona, ​​the traquines and antigones, Oedipus Rex and Philoctetes. Oedipus Rex is considered the masterpiece.

Taken from: Terranova Editores, Colombia. Encyclopedia of color biographies. Barcelona, ​​Nauta Editions, 1998. Without paging.

(5) King Creón, son of Menecio and brother of Ycasta. He ruled Thebes from the time his brother died, until he gave the crown to Oedipus, as the victor of the sphinx that had devastated the country.

Taken from: Espasa Editores. American European Illustrated Universal Encyclopedia. Madrid, 1975. Volume XVI, p. 757.

(6) AT is an expression applied by Christians to the first part of the Bible. Although many scholars prefer to use the name "Hebrew Bible" as a more neutral description.

Taken from: Brownning, WRF Dictionary of the Bible. Barcelona, ​​Paidós, 1998, p. 41.

(7) Stoicism is the Greek School of Philosophy founded around 300 BC by Zeno of Cetia. The name is derived from stoa (portico) of Athens, where Zeno taught. Stoics were pantheistic materialists who considered happiness to be found in acceptance of the Law of the Universe. They believed in the reason that ordered the universe. They proposed a system of practical ethics and recommended the serene acceptance of good and bad fortune.

Taken from: Oceano Editorial Group. New dictionary of philosophy. Barcelona, ​​2001, p. 82.

(8) Natural law: With Hugo Grocio (1583-1645), a new trend on natural law was inaugurated, natural law. For him, man is social by nature, so the norms of coexistence that exist in society are natural, and inherent in the human being, and constitute the object of positive law. These norms, because they are natural, cannot be changed, nor can they be discussed. The natural law and the legal norms of the State need a strong sovereign who guarantees commercial expansion, order and peace. He is considered as one of the founders of international law, along with Vitoria. Hugo Grocio writes "The Natural State".

Taken from: Rodríguez Cepeda, Bartolo Pablo. Legal methodology. Mexico City, Oxford University Press, 2001, p. 191.

(9) Christianity is the doctrine of Jesus Christ and the religious belief in him. According to this religion in God there are three people: Father, Son and Holy Spirit. God has created Heaven, Earth and man in his likeness. Because of sin, man lost his unity with God; Through the incarnation of the verb, and its death and resurrection, that unity was restored. The imitation of Christ is the way to participate in his glory with the Father. This doctrine does not walk only on this path, but in its essence, it is Catholic, that is, universal and ecumenical, that is, it encompasses the entire earth and all Humanity, unfolding in the Church founded by Christ. The essence of Christianity is the belief in an absolute truth.

From Editorial Herder. Herder Universal Encyclopedia. Barcelona, ​​1954, p. 576.

(10) Unlimited government system in which the governed do not have representation, the right to vote or participate in the administration, and in which the ruler is not subject to legal or constitutional limitations.

Taken from: Cook, Chris. Dictionary of historical terms. Madrid, Alianza Editorial, 1999, p. 13.

(11) The reform is an ideological religious movement that emerged in the 16th century with the aim of modifying the Catholic religion to create a new one called Protestant, due to the following causes: Corruption of the Clergy, disorganization of the Catholic Church and the work of pioneers of the reform.

Taken from: Editorial Ribal. The great knowledge: Universal History III. Lima, 1994, p. 217.

(12) Counter-Reformation is a Catholic movement of a religious nature, both intellectual and political, destined to combat the Lutheran Reformation. The crisis caused by Luther promoted the Ecumenical Council of Trent (1545 - 1563), which confirmed all the dogmas previously established, proceeded to reform the abuses, at the same time reorganizing the old monastic orders, creating new orders constituted for the fight against heresy. The most important religious order was that of the Jesuits or Compañía de Jesús, created by the Spanish Saint Ignatius of Loyola. The main objective of the Catholic Counter-Reformation was to affirm the principle of unity among all believers under the Supreme authority of the Pope, with a common language, Latin.

Taken from: Editorial Argos Vergara. Great Focus encyclopedia. Barcelona, ​​Graphic Industries, 1997. Volume 3, p. 1112.

(13) The Magna Carta is the Constitution granted to the English nation by King John Landless in 1215. In it is the origin of English liberties as the foundation of political rights, declaration of freedom of the Church in England, established the rights of free men, determined that there were no other taxes than those established with the consent of the Council.

Taken from: Cabanellas, Guillermo. Encyclopedic dictionary of usual law. Buenos Aires, Editorial Heliasta, 1994. Volume II, p. 88.

(14) Habeas corpus is the Procedure of English origin, intended to protect the individual from arbitrary arrests. Through the issuance of the subjective habeas corpus brief, the judge orders the jailer to appear before the prisoner and to explain the reasons for his arrest, to then order his prosecution or his freedom.

Taken from: Espasa - Calpe. Espasa legal dictionary. Madrid, Brosman, 2001, p. 763.

(15) Anglicism Hill of Rights, means the Declaration of rights and guarantees of the citizen.

Taken from: Chenett & Praeli. Legal dictionary = Law dictionary. Lima, Limagraf, 2004, p. 2. 3.

(16) Montesquieu. French philosopher and sociologist, founder of French sociology. His real name is Charles Louis de Secondant. His initial academic training is at the expense of the orators of Tuelly, with whom he discovers his inclination for history, which leads him to enter the French Academy (1728). Travel in Austria, Hungary, Italy and Southern Germany. He became a member of Freemasonry during his two-year stay in London. On his return to France he undertook intense intellectual work that brought him closer to the encyclopedists, although he did not agree with the theory of progress that they postulated. Among his works we have: Considerations of the causes of greatness, Decline of the Romans, Persian Letters, Spirit of the laws.In all these works the author exposes his political concerns that revolve around Law and the philosophical notion of law. The Baron de La Brede, as he is also known, aims to discover broader laws and generate universal validity, which prevail over positive laws and the laws of reason. His theses have an impact on the system of government adopted by the French Revolution, an adaptation made by Montesguieu's admiration.

Taken from: Terranova Editores, Colombia. Encyclopedia of color biographies. Barcelona, ​​Nauta Editions, 1998. Without paging.

(17) Rousseau. French philosopher, writer, pedagogue and political thinker of Swiss origin. Orphaned by his mother, he suffers a difficult childhood next to his violent temperament father, who runs away from a sentence in Switzerland and leaves Rousseau in charge of relatives. At Annecy he studies classical music and literature under the protection of Madame de Warens. In 1741 he settled in Paris and met Denis Diderot. For his speech on the Sciences and the arts, he obtained the Dijon Academy Prize in 1750. Rousseau defends the naturalistic religion in which each man reaches God by his own discovery without any external pressure, and flatly denies revelation. It proposes the union between religion and politics from a compulsory civil religion imposed by the State.In his rationalist doctrine of Society he expounds his conception of Progress as a return to Nature. The social order is not natural and on the contrary it is a consequence of the gathering of defenseless individuals before the force that opposes their preservation. Postulates a Social Contract through the citizens, giving their rights in favor of the community and obtaining membership in it, in this way the State becomes the bearer of truth and of an absolute power that dominates the natural freedom of each one of the members; Thus, the conditions for the establishment of the Totalitarian State are configured. Affirm that human nature is entirely good in itself and that "man is born good and society corrupts him." Thesis that history and Christian doctrine dismiss as inaccurate.The social order is not natural and on the contrary it is a consequence of the gathering of defenseless individuals before the force that opposes their preservation. Postulates a Social Contract through the citizens, giving their rights in favor of the community and obtaining membership in it, in this way the State becomes the bearer of truth and of an absolute power that dominates the natural freedom of each one of the members; Thus, the conditions for the establishment of the Totalitarian State are configured. Affirm that human nature is entirely good in itself and that "man is born good and society corrupts him." Thesis that history and Christian doctrine dismiss as inaccurate.The social order is not natural and on the contrary it is a consequence of the gathering of defenseless individuals before the force that opposes their preservation. Postulates a Social Contract through the citizens, giving their rights in favor of the community and obtaining membership in it, in this way the State becomes the bearer of truth and of an absolute power that dominates the natural freedom of each one of the members; Thus, the conditions for the establishment of the Totalitarian State are configured. Affirm that human nature is entirely good in itself and that "man is born good and society corrupts him." Thesis that history and Christian doctrine dismiss as inaccurate.Postulates a Social Contract through the citizens, giving their rights in favor of the community and obtaining membership in it, in this way the State becomes the bearer of truth and of an absolute power that dominates the natural freedom of each one of the members; Thus, the conditions for the establishment of the Totalitarian State are configured. Affirm that human nature is entirely good in itself and that "man is born good and society corrupts him." Thesis that history and Christian doctrine dismiss as inaccurate.Postulates a Social Contract through the citizens, giving their rights in favor of the community and obtaining membership in it, in this way the State becomes the bearer of truth and of an absolute power that dominates the natural freedom of each one of the members; Thus, the conditions for the establishment of the Totalitarian State are configured. Affirm that human nature is entirely good in itself and that "man is born good and society corrupts him." Thesis that history and Christian doctrine dismiss as inaccurate.Thus, the conditions for the establishment of the Totalitarian State are configured. Affirm that human nature is entirely good in itself and that "man is born good and society corrupts him." Thesis that history and Christian doctrine dismiss as inaccurate.Thus, the conditions for the establishment of the Totalitarian State are configured. Affirm that human nature is entirely good in itself and that "man is born good and society corrupts him." Thesis that history and Christian doctrine dismiss as inaccurate.

Taken from: Terranova Editores, Colombia. Encyclopedia of color biographies.

Barcelona, ​​Nauta Editions, 1998. Without paging

(18) Jefferson Thomas. American statesman and politician, orphaned by a father since he was fourteen. He studied law and was a deputy for Virginia in the Continental Congress, participated in the drafting of the Declaration of Independence in 1775; in 1776 he resigned from this position to occupy the Government of this State (1779 - 1781), during which he carried out the Administrative Reform. Ambassador to France (1785 - 1789). In 1790 George Washington appointed him Secretary of State. He founded the Federalist party, with a liberal tendency, based on the agrarian and medium sectors of the population, contrary to the conservative tendencies of the Secretary, of the Treasurer, Alexander Hamilton, representative of the wealthy classes. He was elected President in 1800 and reelected in 1804. During his tenure he bought the territory of Louisiana from the French,doubles the territory of the Union and opens the route to the West. It maintains a neutrality in the Napoleonic wars. It is characterized by its progressive ideas and conception of democracy.

Taken from: Terranova Editores, Colombia. Encyclopedia of color biographies.

Barcelona, ​​Nauta Editions, 1998. Without paging

(19) The French Revolution was a political, social and economic movement. It emerged in France in 1789 against the injustices and inequalities that the collapse of Absolutism brought with it. Giving origin to the democratic and constitutional Republican Government, spreading the ideals of freedom, equality and fraternity and sovereignty.

Taken from: Editorial Ribal. The great knowledge: Universal History III. Lima, 1994, p. 296.

(20) Declaration of man and of the citizen is voted by the French Convention at the Session of October 2, 1789. It summarizes in its principles guidelines that shaken the foundations on which the social, economic and political organization that existed until then rested.

Taken from: Cabanellas, Guillermo. Encyclopedic dictionary of usual law. Buenos Aires, Editorial Heliasta, 1994. Volume III, p. 29.

(21) The Mexican Revolution (1910 - 1919), the one that ended the Porfirio Díaz dictatorship and, after canceling attempts at radical agrarian reform, gave power to the bourgeoisie. This revolution presents various forms, to the elimination of the Absolutist Monarchy and to the establishment of parliamentary institutions that allow the development of the bourgeoisie. Frequently, it also presents the character of a national movement, in which the bourgeoisie plays an essential role. In the twentieth century, revolutionary movements generally acquired a popular character and, if not all culminated in socialist regimes, they did not cease to be directed against the bourgeois classes.

Taken from: Editorial Argos Vergara. Great Focus encyclopedia. Barcelona, ​​Graphic Industries, 1997. Volume 11, p. 4385.

(22) The Russian Revolution had two stages, the February and October Revolution of 1917 at the fall of Czarism, and after the establishment of a government of dictatorship of the proletariat.

Taken from: Editorial Argos Vergara. Great Focus encyclopedia. Barcelona, ​​Graphic Industries, 1997. Volume 11, p. 4385.

(23) The Second War must be considered as a confrontation between Democracies and Totalitarianisms, a confrontation of ideologies that led to the bloodiest conflagration in History and whose germ must be located in the Treaty of Versailles, signed on June 28, 1919, as Colophon of the First World War. This second world holocaust broke out in Europe in 1939 between the coalition called the Axis (Germany, Italy, and Japan) and the allied powers (France, England, the United States, and Russia), concluded in 1945. It led to the defeat of the Axis and at the same time brought disastrous consequences to all Humanity.

Taken from: Editorial Ribal. The great knowledge: Universal History III. Lima, 1994, p. 363.

II. Human rights

3.1 Concepts

In general guidelines, we can say, according to Patricio Sánchez Padilla (1), that Human Rights are:

"The set of powers, prerogatives and fundamental freedoms that meet the set of basic needs of people, allowing a more free, rational and fair life."

Dr. Julio Prado Vallejo (2), tells us in this regard that:

"Human Rights are not the heritage of the left or the right. They are born and are based on the intrinsic nature of the human being whatever her political location and belong to individuals of any ideology and of any condition.

As a necessary contribution to the realization of our research, we take into account the concepts previously exposed to deduce that Human Rights, being an essential part of the human being, must be enshrined in the legal precepts of an order, since if the The purpose of a State is not to seek the happiness, tranquility and security of its associates, so it has no reason to exist. But since the State does not constitute a utopia, it must necessarily take care of its members through legal norms aimed at their dignity.

Likewise, we can cite the official position of the Support Program for the doubling of the Development of Emergency Zones - PAR (3), of the Ministry of Women and Social Development - MIMDES, when they expose the following:

Human rights are constituted by the set of powers, prerogatives and fundamental freedoms that attend to the set of needs of people, allowing a freer, more rational and just life. On the other hand, it must be kept in mind that this concept transcends the merely legal dimension. And within the scope of law, it covers equally the spheres of constitutional law and international law. The dimensions involved in the definition we have adopted are:

1. Axiological dimension: It refers to values ​​such as: Freedom, equality, identity and well-being, which are linked to the dignity of every human being. Factual dimension: It refers to the historical concretion of the values ​​that are linked to the Personal equality. Normative dimension: It must be specified in an articulated set of rules, both moral and legal.

In the Espasa Legal Encyclopedia (4), we have the following definition on Human or Human Rights:

“Rights and liberties that are incardinated in the highest step of the normative hierarchy. Trayol observes, that saying Human Rights or Human Rights in the historical and spiritual context that is ours, is equivalent to affirming that there are fundamental Rights that man owns due to being a man, due to his own nature and dignity; rights that are inherent to it and that, far from making a concession from political society, must be consecrated and guaranteed by it.

3.2 Acceptances on Human Rights

Currently the word human rights is not the only one used to point out the inherent rights of man, but they are named in multiple ways. This occurs for various reasons, among which I could name the different language, the linguistic use of each society, the different cultures, the doctrine of the authors, the different positions, etc.

Among the various denominations we have:

3.2.1 Human rights:

The word "man" is used to assign those rights that are inherent to the person, due to his human nature, for which all men are equal holders of them. This denomination has its origins in the French Declaration of 1789 (5), which points to man as the holder of the rights.

3.2.2 Individual rights:

It refers to the individuality of each person, its origin is liberal individualistic root, emphasizes that being a human person or man, it is an "individual." In turn, this expression can be criticized, because man compared to other animals is a person, and not just any individual. It can also be criticized for the fact that by reducing man to an individual, he would be separating himself from society and the State, he would be marking a solitary being and outside of society.

3.2.3 Rights of the human person:

It alludes to the fact that the name is ontologically (6) a human person, and it is related to the conception of human rights, because man, due to his condition as a human person, is the holder of these rights.

3.2.4 Subjective rights:

It refers to the fact that the subjective is proper to a subject, as it is in the case of man, it would be marking us of what belongs to him. This expression comes in contrast to "Objective Law".

3.2.5 Subjective Public Rights:

It is from the moment that the rights appear inserted in the constitutional regulations. The word «Public», would be placing man in front of the state, within the scope of public law. They appear towards the end of the 18th century, with Constitutionalism.

3.2.6 Fundamental rights:

By saying fundamental, we are referring to the importance of these rights and their recognition for all men, today it is also argued that we speak of fundamental rights when they appear in positive law. But beyond this conception, human rights, being founded on human nature, cannot take value at the moment they enter a norm, because they have an earlier value.

3.2.7 Natural rights:

"It carries a strong philosophical burden. The "natural" seems, first of all, to obey a profession of faith in Natural Law, in a natural order as the foundation of human rights; more moderately, and secondly, it means that the rights that are owed to man are owed to him by reason of the requirements of human nature, which in some way must share the idea that man has nature ».

3.2.8 Innate Rights:

By saying innate we are referring to the fact that these rights are found in the very nature of man, they are adhered to him, beyond being recognized by the state.

"Principles of human rights and guarantees", page 132 D. Herrenford and Bidart Campos.

3.2.9 Constitutional Rights:

They are the rights that are inserted within the constitution, which, being incorporated within the Constitution, are recorded and recognized.

3.2.10 Positivized Rights:

They are the rights that appear within a normative order, and have normative validity.

3.2.11 Public Freedoms:

It is of French origin and is related to individual rights, subjective public rights, first generation civil rights, etc. We can place them within the "Positivized Rights". The criticism is that these freedoms do not introduce second generation rights, that is, social rights.

3.3 Principles of human rights (7)

3.3.1 Universality

The mere fact of Being, makes the person the holder of rights, in front of other people or their representative institutions.

The Universal Declaration of Human Rights, in its article 1 establishes that Human Rights include “all human beings”, uses an absolute term when referring to the human race as a whole.

3.3.2 Imprescriptibility

The existence of human rights must never be extinguished or end, since the substance to nature will take effect as soon as human beings exist.

3.3.3 Irrevocability and inalienability

It is not possible to renounce human rights, as well as to be a human person. For its part, the inalienability of human rights is impossible to arbitrarily dispose of them.

3.3.4 Inviobility

One of the principles that is under these rights is that of the prohibition or to remove from your territory, against your will, sacrifices or privations that do not result in your own benefit.

3.3.5 Effectiveness

Human Rights demand their respect and positive recognition by society and the legal order. Therefore, society must respond effectively to the demands of its members because they will make their own existence possible.

3.3.6 Significance of the positive norm

It can be argued that human rights transcend national legal systems and are also international.

3.3.7 Interdependence and Complementarity

Human Rights are a comprehensive interdependent complex, so their real protection also demands that they certainly make possible the realization of civil and political rights, both social, economic and cultural.

3.3.8 Equality

Human Rights equally protect all human beings, considering that the freedom, justice and peace of the world is based on the recognition of the intrinsic dignity of the equal and inalienable rights of all members of the human family. This principle is non-discrimination between those who deserve equal treatment, sex, religion, opinion, race or origin and social class.

3.3.9 Co-responsibility

We are all individually and collectively responsible to the subject of these rights. It should be understood that only by assuming individual and collective responsibility towards the individual is the principle of co-responsibility exercised.

3.3.10 Ownership

We must affirm that the active holder of the Human Rights is the person and / or individual as the man or woman of any nationality, race, creed, sexual identity. Each person as an individual is the owner of the Human Rights.

3.4 Characteristics of human rights (8)

3.4.1 Inherence

It is the first and fundamental characteristic

3.4.2 Limit to the exercise of power

The functions of governments have to be exercised respecting the limits established by the Human Rights enshrined in international and national legal norms. Herein lies the essence of what we know as the rule of law.

3.4.3 Universality

There is no person on the planet, formally stripped of their human rights. No difference due to race, creed, nationality, sexual affiliation, etc.

3.4.4 Indivisibility and interdependence

If human dignity can be divided. It would be very absurd to consider that a person half enjoys his dignity. It would be contrary to reason to advocate for the right to life while blatantly denying the rights to food and health.

3.4.5 Erga Imperativity - Omnes

Human Rights are imperatives for everyone, that is, they are universally obligatory from any point of view and even in those cases where there is an express sanction for non-compliance.

3.4.6 Irreversibility

A recognized human rights is irrevocably integrated into the pre-existing cast and cannot be subsequently suppressed due to the fortunes of history.

3.4.7 Progressivity

As the human species becomes more aware of its individual and social essences, the notion of personal dignity is enriched. The progressivity of these is the appearance of new DD.HH.

3.5 Classification of human rights

Different classifications have been developed in order to determine the characteristics that correspond to each group, but not in order to establish a hierarchy among them. The criteria that have been given for the classifications have been of a different political, historical nature.

One of the classifications is one that distinguishes four human rights groups in generations and responds to the order in which they appear in history. It is noteworthy that this classification is not elaborated based on the order of importance of human rights, since we share the criterion that human rights are interdependent and comprehensive.

3.5.1 Civil and political rights (First generation)

Also called first generation, they are those rights that are inherent to the human species, that is, it is enough for a person to be born to be the holder of said rights. Of course, there are some rights that are practiced at a certain age as a mandate of the law (right to vote, choose and be elected), but the right exists, which is already acquired by the fact of being a person and ends with the death of the same. As Dr. Hernán Pérez Loose says:

"They are inherent in personality, in their condition as a human creature. They are inseparable from him, they are inherent to him, they correspond to his nature ». (9)

As examples we can cite the right to life, freedom, expression, religion, nationality, communication, etc.

3.5.2 Economic, Social and Cultural Rights (Second generation)

They are called second generation (if we are guided by a trend) by the chronological order of appearance, that is, civil and political rights are older than these. But if we analyze another trend we find that it is more convincing in terms explained by Dr. Juan Larrea Holguín:

"That civil and political rights are individual and intrinsic and that economic, social and cultural rights are second generation because they are recognized as human beings by virtue of their status as a member of society." (12)

The rights to which we refer relate to work, health, the family, housing, recreation, among others. In other words, the protection of the human being seen from a collective perspective. Of course, the ideal would be to put into practice what Luis Carlos Sàchica said:

"This classification is unnecessary and without any practical consequence, if a system of state-society-union, company-society solidarity is not created, which distributes roles and responsibilities for its effectiveness." (13)

For the optimal achievement of what these rights protect, the structural material conditions should be created to achieve their mission, that is, to create, on the one hand, a plurality of state bodies capable of carrying out this work and, on the other hand, to take care of the deviation of the sacred public funds, which must necessarily be invested in creating these conditions.

3.5.3 Collective Rights (Third generation)

To define these rights, I find myself needing to quote verbatim the words of the Mexican professor Héctor Fix - Zamudio (16), who calls them diffuse rights and defines them as:

Subjective rights and legitimate interests that belong to indeterminate people and diverse social groups distributed in various sectors and that refer to areas such as consumption, the environment, the heritage of humanity, among others ».

In the Peruvian Constitution we find the collective rights of indigenous peoples and blacks within the protection, with this it is possible to give these people the deserved treatment, since they constitute the basis of what our current organization is within a pluri character - cultural.

3.5.4 New rights (Fourth generation)

They are those that have not yet been incorporated into the legal, constitutional, etc. texts. They would include the right to integration of the human family, the non-existence of discrimination and equality of nationality. Likewise, the right of access to information technologies within the context of an information society at the service of all, seeking the integral and social well-being of the people. They also include on this topic the rights to the environment and the use of the progress of biomedicine, biotechnology, etc.

GENERATIONS OF HUMAN RIGHTS	GUIDE VALUE	MODEL OF STATE
Civil and Political Rights	FREEDOM	Liberal state, rule of law
Economic, social and cultural rights	EQUALITY	Rule of Law
Right to peace, ecological rights	SOLIDARITY	States in solidarity with others

3.6 Other criteria to Classify Human Rights (17)

Other points of view have been applied to develop various classifications on Human Rights, in this regard we will mention the following:

3.6.1 Maritain Classification:

• Of the person as such Of the civic person Of the social person Of the working person

3.6.2 Fernández Sabaté classification

• The right to existence Right to consistency Right to subsistence Right to credit Right to assistance

3.6.3 Germán Bidart Campos classification

• Right to legal personality Right to life Right to physical and mental integrity Right to personal dignity Right to name Right to a nationality Right to sexual identity Right to honor Right to personal freedom Right to free expression by any suitable means Right to religious freedom of conscience and worship Right to freedom of education right to work right to free association right to reunite right to marry right to request right to contract including collective bargaining right to strike right to property including inheritance right right to exercise trade, industry and lawful activities right to social security right to jurisdiction, which involves access to it, due process,and the fair and effective sentence Right to political freedom and participation

The implicit rights, involving in them all those, included in the so-called third generation, have an ontological entity to fit into the category of Human Rights.

3.7 Models of Human Rights (18)

The different analysis models of the concept of Human Rights or Fundamentals are at the discretion of the author Peces - Barbas, the following:

3.7.1 Natural Law Model: fundamental rights are held by man for his own condition as such, which are derived from their nature and, therefore, prior to the State. It is based on the fact that the affirmation of natural rights, by its own rationality, is sufficient to ensure its legal effectiveness.

3.7.2 Skeptical Model: rejects the very notion of fundamental rights. From the orthodox Marxist perspective. This conclusion is reached on the understanding that they are mere products of the liberal-bourgeois ideology to overcome. It is assumed that the idea of ​​a process without a subject, or, also, of the denial that man can be a valid perspective for the social sciences, which implies the denial of the ultimate foundation of fundamental rights, which is the consciousness of dignity of man and the need for social conditions that make his freedom possible.

3.7.3 Voluntary Positivist Model: All rights and the rights of fundamental rights are created by the governing will, regardless of its content; In short, its origin would be found in the power of the person who supports the legal system.

3.7.4 Pragmatic Model: It consists of the exclusive concern for positive techniques, especially procedural ones, for the study in the international field of procedures aimed at their protection, without being interested in the foundation and concept of Human Rights.

3.7.5 Dualist Model: Tends to overcome the natural and positivist versions. It starts from the autonomy of the reality of fundamental rights, which must be studied at two levels:

• With a philosophy of fundamental rights, analyzing the social factors that have influenced its genesis and the currents of thought that have contributed to found its current meaning. With the transition from the philosophy of fundamental rights to the development of fundamental rights, in positive law and its configuration as subjective public rights, those shared by the legal theory of fundamental rights, their exercise, their sources and their guarantee.

In summary, this model is argued in the political and ideological tension on the one hand and positive law on the other, from which the current situation of Human Rights has emerged.

3.8 Bibliographic references of Chapter III

(1) Núñez Molina, Waldo and Núñez Molina, Cledy. Human rights course (General part). Volume I. Lima, Wolf Ediciones, 2003.

(2) Núñez Molina, Waldo and Núñez Molina, Cledy. Work cited.

(3) MIMDES - PAR. Practical guide for the exercise of human rights. Puno, Fénix, 2002, p. Four.

(4) Espasa - Calpe. Espasa legal dictionary. Madrid, Brosmac, 2001, p. 567.

(5) The French Declaration of 1789, is also called the Declaration of the Rights of Man and of the Citizen.

Taken from: Cabanellas, Guillermo. Encyclopedic dictionary of usual law. Buenos Aires, Editorial Heliasta, 1994. Volume III, p. 33.

(6) It is the derivative of Ontology, which is the branch of philosophy that deals with the study of being. In the 20th century, the German philosopher Martin Hediegger distinguished ontological research (being) from optical research (on the specific type of entity).

Taken from: Oceano Editorial Group. New dictionary of philosophy. Barcelona, ​​2001, p. 169.

(7) MIMDES - PAR. Cited work, p. 5.

(8) MIMDES - PAR. Cited work, p. 7

(17) Núñez Molina, Waldo and Núñez Molina, Cledy. Human rights course (General part). Tomo I. Lima, Wolf Ediciones, 2003, p. 96 - 100.

(18) Espasa - Calpe. Cited work, p. 567 and following.

IV. Third generation human rights: peoples' rights or solidarity rights

4.1 Introduction

Human rights defend the dignity of the human being and form an indivisible whole; each right implies all the others. However, it is the historical and social circumstances that allow us to deepen our knowledge of the human being and discover new aspects in him, new demands that are translated into the creation of new rights.

If the recognition of first generation rights - the rights of liberty - led to the discovery of second generation rights - rights to equality - they have led to the discovery of third generation rights, whose fundamental reference value is the solidarity.

Third generation human rights aim to start from the totality of the needs and interests of the human being as they are manifested today. If the owner of the first generation rights was the isolated human being, and the protagonists of the second generation rights were the human beings in groups, the new current circumstances require that the ownership of the rights corresponds, jointly and severally, universally to all. the men. The individual and the groups are insufficient to respond to the current aggressions that affect all of humanity.

4.2 Definition

This name refers to the existence in recent years of new human rights, which arose as a consequence of the specificity of current historical circumstances and which respond above all to the value of solidarity. They emerge after World War II. And they are constituted by the Right to Peace, to development, to the self-determination of peoples, to a harmonious and balanced ecosystem.

They are rights that receive various names: peoples' rights, new human rights, cooperation rights, solidarity rights, third generation rights. Of all the denominations, the one that has the greatest doctrinal acceptance is the one that speaks of the Rights of the Third Generation.

4.3 Main Features

We consider that the rights of peoples are correct, among other reasons because, above all, it is based on the Universal Declaration of Human Rights and the two Covenants - the Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights., from 1966-, when peoples began to emerge as a subject of human rights and not only States. This means, among other things, opening an important way for international law, understood as a purely interstate law, whose only subject is the State, to begin to break.

The International Covenant on Civil and Political Rights (Adopted by the UN General Assembly on 12-16-66. Entered into force on 03-23-76) and the International Covenant on Economic, Social and Cultural Rights (Adopted by the UN General Assembly on 12-16-66. Entered into force on 3-1-76); it is clear demonstrations that the rights of the third generation are mentioned only in resolutions and declarations of International Conventions without binding force, for promotional purposes.

The displacement towards civil society has also been propitiated by the crisis of democratic legitimacy of the social rule of law and the appearance of political parties - such as "the Greens" - that have a single theme program, has determined that the representative system is considered Insufficient and problems related to peace and ecology are mostly channeled through alternative movements that ultimately seek to promote and fight for direct participation. (5)

They are rights that have a more original and radical character than the rights of the first and second generation for perfectly connecting with the new paradigm of "quality of life", characteristic of genuine postmodernity, and for focusing on the fight against alienation of the individual. (6)

If the rights of the first and second generation were rights were conceived and applied from the perspective of the countries of the North, the rights of the third generation implies the transfer of protagonism to the countries of the South. From it, the existence of rights is insisted, the rights of solidarity, which are not included in the Declaration of 1948 and which are considered priorities to guarantee the other rights: the right to peace, the right to development, the right to political, economic and cultural self-determination… (7)

They can be sued to the States, but also the States can demand any of them.

To make them effective, the action of the different States, that is, of the international community, is necessary, since it requires the creation of national and international conditions for their effective realization.

"Its definition, recognition and consecration is a pending task and will depend on the advancement and consolidation of democracies, on the incorporation of policies aimed at development and social justice, and above all on the establishment of new and different conditions regarding relations between States, that is, the assumption of the principle of solidarity by the international community ».

4.4 Classification of Third Generation Human Rights

Although there is no agreement in the doctrine when listing and classifying the rights of the third generation, we can consider the following rights included in it:

• The right to self-determination of peoples. The right to development. The right to a healthy environment. The right to peace (They will be analyzed in full in Chapter V)

4.4.1 The right of self-determination of peoples.

Mentions are often found to the right to "self-determination" of peoples, which in our opinion only provides a differential nuance with respect to the name "self-determination". It is clear that in this context "determination" means the choice of a political, economic, social and cultural project. And the adjective "free" refers to a freedom that can be understood in two ways: negatively, as an absence of coercion or impediment, or positively, as a possibility of self-realization (I. Berlin). In this case, self-realization supposes the absence of coercion (D.Farrel). Perhaps for this reason, there are those who choose this positive way of referring to the freedom that should characterize the determination of the peoples regarding their destiny.

A negative way of formulating this right, perhaps is to identify it with "the right to non-intervention - as proposed by Seara Vázquez- defined in article 15 of the Bogotá Charter, which… excludes not only armed force, but also any another form of interference or tendency to attack the personality of the State, of the political, economic and cultural elements that constitute it ».

International law speaks of the self-determination of peoples under colonial or foreign domination, which makes it clear that colonialism and human rights are incompatible. But the ways of understanding colonial domination, we understand that it must be reviewed over and over again. Because after the 1960s, where many African colonies achieved their political independence, it seems that increasingly subtle - and not less effective - formulas for colonial rule have been reached, especially from an economic and cultural perspective.

4.4.2 The right to development.

The right to development is defined as that right by virtue of which every person and all peoples have the power to participate in the development process and obtain an equitable share in the benefits provided by it. (5)

As JW Spellman points out, the term develop originally limited the ideas of "reveal" and "unfold." However, later on, in the 19th century, the word development took on a strongly ideological meaning, taking on racial and imperial connotations that persist until now in Western cultures. (6)

It is worth clarifying, on the other hand, what we mean when we talk about development, since, as Mario Bunge (7) affirms, it is a concept that is not always clear. Bunge points out that there are five main conceptions of the development of a human society: the biological, the economic, the political, the cultural and the integral, and they are based on the particular conception of society. If this conception is wrong, so will the corresponding conception of development; and affirms that whoever wants to overcome underdevelopment must adopt a correct conception of society.

This thinker affirms that a correct conception would be given by a synthesis of the partial points of biologism, economism, politicism and culturalism, that is, an integral conception of society and development:

The biological conception of development maintains that this consists of an increase in well-being and an improvement in health as a result of better nutrition, better accommodation, clothing, coexistence habits, etc. But this is a partial view of the problem since, how can we ignore that the chronic malnutrition that affects so many third world countries, as well as marginal groups of the so-called first world, is the result of an unequal distribution of resources? Also that it is the State that consecrates this economic status quo, which is favored by the lack of food education, the depletion of resources, the lack of proper planning, etc.

The economic conception identifies development with economic growth, which is often equated with industrialization. In fact, economic development is necessary but it is not enough either. Furthermore, it must be borne in mind that a dangerous conception may result since it can destroy others. For the sake of economic developmentalism, sacrifices are imposed on the standard of living, culture and political life, constituting, according to Bunge, a true "aberration" since the economy should be a means and not an end.

The political conception of development consists of the expansion of freedom, the effective increase and progressive consolidation of human and political rights. Political progress, while important and necessary, is not enough; Political rights are useless if the economic and cultural means to exercise them are lacking.

The cultural conception equals development with the enrichment of culture and the diffusion of education. Although this conception is important, it is also deficient, since a fasted schoolchild does not learn well or an unemployed or overworked adult does not attend cultural events; in other words, cultural development is not complete if it is not accompanied by biological, economic and political development.

Each of these four conceptions has some truth, for there is no development without biological, economic, political, and cultural progress. In other words, authentic and sustained development must be comprehensive, since the four concepts outlined above coexist, enrich and complement each other. Furthermore, each of them is a condition of the others, a satisfactory level of development cannot be achieved by sacrificing one of these aspects. Thus, a reasonable development plan must include measures to promote the simultaneous progress of the biological, economic, political and cultural systems.

Regarding its nature, it is necessary to point out that the right to development constitutes a third generation right, today the protagonist of international concern about the need to guarantee increasing levels of development among developing countries.

4.4.3 The right to a healthy environment

The right to a healthy environment is that right, included among the rights of the third generation, whose purpose is to guarantee the maintenance of those conditions of Nature that allow the preservation of the conditions of existence of human life.

The holders or active subjects of the right are:

to. The humanity.

There are two reasons to attribute to humanity, globally considered, the ownership of the right to a healthy environment:

What is in danger is the survival of the entire planet, which forces us to "think globally and act locally." (fifteen)

If the earth is »a system of systems», an ecosystem of ecosystems, it seems evident that its deterioration in one part of the planet necessarily affects the others. As stated by the Director of the World Health Organization, Hiroshi Nakahima »We are all in the same boat, and what happens in the Amazon can directly affect people living on another continent». (16)

b. The states:

The Northern States, as is the case of Canada's claims against the United States of America for the degradation of its forests due to the release of toxic elements from North American industries into the atmosphere.

The Southern States. This is recognized in paragraphs 20 and 21 of the Preamble to the United Nations Convention on Biological Diversity, signed in Rio de Janeiro on June 5, 1992. (17)

c. Local communities and indigenous populations.

In the thirteenth paragraph of the Preamble to the United Nations Convention on Biological Biodiversity, signed in Rio de Janeiro on June 5, 1992, it is stated:

Recognizing the close and traditional dependence of many local communities and indigenous populations that have traditional biological resource-based life systems, and the desirability of equitably sharing the benefits of using traditional knowledge, innovations and relevant practices for the conservation of biological diversity and the sustainable use of its components.

d. Future generations.

Principle 3 of the Rio Declaration on Environment and Development affirms the advisability of equitably solving the development and environmental needs of present and future generations.

V. Right to peace

5.1 Genesis and history

Throughout all of history, an unfinished phenomenon of wars has been taking place, each time more cruel and destructive, and the consequent need for its eradication. The anti-war movement began to consolidate decisively, especially after the Second World War.

In relation to the recognition of this right, two stages of evolution can be pointed out from that moment:

At first, peace appears as a fundamental social value, a condition of free and democratic life and capable of being realized through the recognition and guarantee of human rights. In the San Francisco Charter, peace, understood in this way, appears as one of the objectives that should guide the action of the United Nations: preserving peace through the prior protection of human rights. In the great international human rights texts (Universal Declaration, etc.) the right to peace does not appear, as such, but as the result of the protection of human rights:

In a second moment, which is where we find ourselves, it is no longer just a basic social value, peace is also the object of protection of a new human right: the right to peace. Now peace is no longer the result of recognizing and guaranteeing other human rights, but rather, inverting the terms, it is the basic human right that will ensure the recognition and guarantee of others.

This is explicitly recognized by the Declaration of the UN General Assembly of November 12, 1984 that explicitly speaks of: the right of peoples to peace.

And as a fundamental correlative duty, the same Declaration states that: the preservation of the right of peoples to peace and the promotion of their reality constitute a fundamental obligation of any State.

5.2 Definition of the Right to Peace

That right that, belonging to the family of rights of the third generation, aims to specify the values ​​of peace and solidarity in social relations, in such a way that human life is guaranteed through a social system in which conflicts are not resolved through force, but through dialogue and other non-violent forms of social action.

5.3 Subjects of the Right to Peace

5.3.1 Active subject is above all, humanity, for two fundamental reasons:

Humanity's own survival is at stake. There is a danger of total destruction and not only due to the destructive power of the atomic bomb, but also to many other weapons (neutron bomb, star wars, chemical and bacteriological weapons…)

Only through the effective recognition of the right to peace can other basic human rights be recognized, which are now priorities, such as the right to development, the right to self-determination of peoples or the right to a healthy environment.

Active subject of the right to peace is, secondly, the State, insofar as it can claim the right not to be attacked. Social groups are also active subjects as holders of rights that are violated by the warlike phenomenon, as is the case of racial minorities. Individuals are active subjects, since wars suppose the negation of the right to life, of individual liberties, of equality, of their well-being and of their property. (3)

In short, the peoples are an active subject. This is recognized by the Declaration of the UN General Assembly of November 12, 1984 that explicitly speaks of: the right of peoples to peace.

5.3.2 Taxpayers are the States both individually considered (as stated in the aforementioned Declaration of November 12, 1984), and considered as a whole as a unit, based on the acquired commitment to preserve peace, by virtue of the signing of the San Francisco Charter.

5.4 Purpose of the Right to Peace

The object of the right to peace is peace itself. But peace as a good of personality has a double perspective, negative one, positive, another. Both dimensions correspond to the two fundamental conceptions about the right to peace.

a) The traditional conception, which inherited from the concept of pax romana, dominates in the western world. Peace is the absence of warlike conflicts between States. The characteristics of peace, in this sense are (4):

Peace is, essentially, a negative concept, being defined as the absence of warlike conflict or as a state of non-war.

Prevalence of the western conception of peace, inherited mainly from Roman imperialism, being greatly influenced in the modern world by the birth of the Nation-States.

b) The current concept of peace has completely opposite characteristics to the traditional concept (5):

The idea of ​​peace is a broad phenomenon: not only referring to the existence of non-war periods of time, and not only is it linked to the idea of ​​conflict, but also and fundamentally, to the idea of ​​development.

The idea of ​​peace encompasses a broad meaning of violence, which transcends the strict concept of military violence. This broad concept of violence refers to everything that prevents people from realizing themselves as human beings, either as a consequence of direct violence or through structural violence. In this sense, the idea of ​​peace is understandable only if it is related to the theory of power, as we explained in the general part. (6)

Peace affects all dimensions of life: interpersonal, intergroup, national, international; and it demands equality and reciprocity in relationships and interactions. There can be no positive peace, even if there is no open conflict, if social relations, at all levels, are characterized by dominance, inequality and lack of reciprocity.

Solidarity is a value especially linked to positive peace since this is not only the absence of undesired circumstances and conditions, but also the presence of desired conditions and circumstances.

Peace, in short, is not a mere static and immobile reference. On the contrary, it is a dynamic process that combines three closely interrelated concepts: conflict, development and human rights.

5.5 Foundation of the Right to Peace

It is the dignity of the human person, and consequently, of the peoples. The immediate foundation of the right to peace is security against violence and irrationality, be it the violence and irrationality of war, with the destruction at the hands of the armies of human life, the environment, cultural heritage, well be it the violence and irrationality of terrorism, either the violence and irrationality of state terrorism.

5.6 Content of the Right to Peace

The right not to be violently attacked by another State. Right that is included within the right to national sovereignty.

As the right to peace is the determining factor of the other rights, it is evident that by protecting this right all the others are protected. Especially relevant is the connection of the right to peace with the following rights:

• The right to life The right to personal security The right to conscientious objection to military service and the payment of taxes for military expenses The right to religious freedom The right to a healthy environment The right to development.The right to free self-determination of peoples.

However, there is also a relationship of dependence on the right to peace regarding these rights, especially regarding the right to a healthy environment. This is reflected in paragraph 22 of the Preamble to the United Nations Convention on Biological Diversity, signed in Rio de Janeiro on June 5, 1992, when it states:

Noting that, ultimately, the conservation and sustainable use of biological diversity strengthen friendly relations between States and will contribute to the peace of humanity.

5.7 Bibliographic references of Chapter V

(1) Perez Luño, AE: The evolution of the Social State and the transformation of fundamental rights in OLIVAS, E. (Editor): Problems of legitimation in the Social State, Trotta, Madrid, 1991, p. 91.

(2) Olivas, E (Editor): Problems of legitimation in the Social state… quoted, pp. 11 et seq. and the excellent bibliography on pp. 189 et seq.

(3) Perez Luño, AE: Evolution… quoted… in OLIVAS, E. (Editor): Work cited…, pp. 97-98.

(4) "The deepening and widening of the economic and productive abyss opened between the third-industrialized" North "-the metropolises of capitalism- and the underfunded" South ", the set of populations penetrated by capitalist relations of production, energy suppliers, raw materials and food to the «North», increasingly impoverished ». Cfr.: CAPELLA, JR: The crisis of the «Welfare State» in the crisis of civilization in OLIVAS, E. (Editor): Work cited…, p.181.

(5) Marin Castan, Mª L.: Updates to the work of CASTAN TOBAÑAS; J.: The rights of Man, Reus, Madrid, 4th Edition, 1992, p. 46.

(6) Ballesteros, J.: Postmodernity: decadence or resistance, Tecnos, Madrid, 1989, p. 151. Quoted by BEA, E.: The rights of national minorities: their international protection, with special reference to the European framework in BALLESTEROS, J. (Editor): Human Rights, Tecnos, Madrid, 1992, p. 166.

(7) Monzon I Arazo, A.: Human rights and intercultural dialogue in Ballesteros, J. (Editor): Human Rights, Tecnos, Madrid, 1992, p. 122.

E4.8. E3 chapter notes

1. Tisdall, S.: Many children of Gulf veterans are born with congenital defects in El Mundo, Year V, No. 1512, Madrid, Monday, December 27, 1993, pp. 1 and 13.Lederach, JP: Educating for peace, Editorial Fontamara, Barcelona, ​​3rd Edition, 1986, pp. 94 and 95.Ruiz Miguel, A.: Do we have the right to peace? in Human Rights Yearbook, No. 3, Madrid, 1985, p. 416-417. Also by the same author: The Justice of War and Peace, Madrid, Center for Constitutional Studies, 1986, p.275.Jares, XR: Education for Peace. His theory and practice, Editorial Popular, Madrid, 1991, pp. 98-99.Jares, XR: Work cited…, pp. 99-102. See the section of the General Part referring to the "Theory of power as a necessary presupposition of the theory of human rights". Diez De Velasco, M.: Institutions of Public International Law, T. 1, 8th Edition, Tecnos,Madrid, 1988, p. 727. Diez De Velasco, M.: Work cited…, p. 728.Fisas, V.: Preventive Diplomacy in New Challenges for the UN, El País Supplement, Number of Thursday, February 13, 1992, p. 5.Buchan, A.: Preface of the Civilian Defense study quoted in GANDHI, Liddle and other authors: Armed defense or non-violent popular defense ?, Ediciones Orbis, Barcelona, ​​1985, p. 45. Gandhi, M.: Non-violence and the international community in GANDHI, LIDDLE and other authors: ¿Defense armed… cit., P. 88. Gandhi, M: Work cited…, pp. 91-92.Giddens, A.: National States and Violence in Debats, No. 14, December 1985, p. 101. JARES, XR: Education for peace. His theory and practice, Editorial Popular, Madrid, 1991 and the excellent bibliography cited on pages 189-202. LEDERACH, JP: Educating for peace, Editorial Fontamara, 3rd Edition, Barcelona, ​​1986.

Conclusions

6.1 In relation to Human Rights

The notion of human rights dates back to ancient times, but as an expression it originates after the Second World War with the creation of the United Nations Organization, which makes its conceptualization quite complex. However, its two fundamental characteristics, progressivity and irreversibility, which are inherent to the human person, can be considered, as Pedro Nikken maintains ("The international protection of human rights: Its progressive development", 1987):

“Since human rights are inherent to the person and their existence do not depend on the recognition of a state, it is always possible to extend the scope of protection to rights that previously did not enjoy it. this is how successive generations of human rights have appeared and how the means for their protection have multiplied ”. That is why once they have been formally recognized, their decline cannot be validated, becoming irrevocable.

Human rights are elementary demands that any human being can make by virtue of being human, and that must be satisfied because they refer to basic needs, the satisfaction of which is essential for them to develop as human beings. These are such basic rights that without them it is difficult to lead a decent life. They are universal, priority and non-negotiable.

6.2 In relation to the categorization of Human Rights in generations

From the point of view of Fabián Omar Salvioli, the idea of ​​generations of rights has been superseded by the Principles of the Universality and Indivisibility of human rights; According to this concept, no state can be considered respectful of these if some of the “Categories” are not enjoyed in their country.

For pedagogical reasons, a division of human rights has been sustained, in those of the First Generation (Civil and political rights), of the Second Generation (economic, social and cultural rights), of the Third Generation (Rights to self-determination of peoples, development, a healthy environment and peace, are also called Solidarity Rights) and those of the Fourth Generation (Right to the integration of the human family, equal rights without distinction of nationality or any type of discrimination, to constitute a supranational State and Organism, to the access of the Information and communication Technologies). We share this classification in the first place because it responds to a historical criterion of how they have emerged;and because they should not be used for the purpose of formulating a hierarchy of human rights, which would lead to the great mistake of believing that some human rights are more important than others.

6.3 In relation to Third Generation Human Rights

Third Generation Rights », are the Human Rights of solidarity, are those that demand the adherence of all for their execution, while the protected legal good directly benefits all humanity, it includes among these rights: right to development, right to peace, right to self-determination of peoples, right to the environment, right to communication and the right to the common heritage of humanity.

Third generation human rights, which with better criteria we will call Solidarity, are those that were not contemplated in the International Charter of Human Rights. (**) These rights have not yet been precisely defined nor are they contemplated in a positive international legal norm of general acceptance. Even so, we could say that we are facing a Category of rights that imposes on the State, in addition to a duty to abstain, a duty to do, demanding the action of the international community through cooperation with states and international organizations and establishing social solidarity as an essential element for the enforcement of all human rights.

6.4 In relation to Human Rights to Peace

The construction and consolidation of Peace constitute complex tasks that can only be carried out through the full realization of Human Rights. The consolidation of Peace is only achieved when the content of the Peace achieved means the full validity, normative and sociological, of the Human Rights Today we can affirm that the relations between Peace and Human Rights are complementary, which according to Fabián Omar Salvioli, can be stated as follows:

1. Human Rights have as a new content Peace, based on the affairs of the international community, it has been gradually recognizing as inherent prerogatives to everyone. The protection of Human Rights is a fundamental condition for the maintenance of World peace, according to the International Legal Instruments of Human Rights. The promotion and education in Human Rights is a necessary mechanism not only to maintain the status quo "the absence of war", but within the processes aimed at the construction of peace.

Likewise, the previous relationship between Human Rights and La Paz can be raised, but in the opposite direction:

1. Peace has become a content of Human Rights. Peace cannot be sustained but is based on respect for Human Rights. Education for Peace is nourished by contents of Human Rights.

From the interdependence relationship that exists between Peace and Human Rights, the need arises to concretize the concept and content of Human Rights to Peace with a view to moving towards its positivization in an international convention that expressly consecrates it. This does not imply disregarding the importance of various legal instruments that include Peace among their aspirations, but rather seeks a more precise content that allows their effective observation, that is, their validity.

VII. recommendations

As actions to be carried out to guarantee the right to peace, we can propose, among others, the following:

The massive sending of letters of protest to the competent authorities against the carrying out of military tests, against the creation of firing ranges in ecologically valuable areas, against the escalation of arms costs or against the export of weapons in conflict countries or to countries belonging to them to the south.

The holding of protest marches against the existence of military bases, against compulsory military service…

The actions of civil disobedience. These include fiscal civil disobedience; that is, that civil disobedience that is aimed at not paying taxes that are directed to military expenses, alternatively, allocating its amount to social expenses.

The insubordination. We have referred to it previously and in a chapter referring to the right to conscientious objection to military service.

Actions to protest the existence of armies.

The use of the right of petition, requesting from the deputies the establishment of some general budgets of the State in which the spending dedicated to military expenses is dedicated to social and educational expenses.

The creation and participation in Nonviolent Civil Defense courses.

Participation and collaboration with non-governmental organizations fighting for the right to peace, such as the Conscientious Objection Movement, the Office of the Soldier's Advocate…

Participation and collaboration with citizen organizations, such as neighborhood organizations…

Participation and collaboration in the activity carried out in favor of the right to peace by grassroots organizations of some churches, such as grassroots organizations of the Catholic Church.

Participation and collaboration in the activity carried out in favor of peace by youth organizations.

With regard to the rights of the third generation, we must denounce the fact that the governments of the richest countries have not yet fully committed themselves to the fight AGAINST pollution and to the control of arms trafficking. This allows large companies to continue polluting, and for the War Conflicts that take place in poor countries to easily find the weapons they need to continue their wars.

However, some UN agencies and a large number of NGOs are making a great effort in favor of the natural environment (ADENA, Greenpeace, etc.), and others are concerned with refugees fleeing the war scene (UNHCR, Physicians Without Borders, Doctors of the World, etc.)

VIII. Bibliography

1. Bidart Campos, Germán J. The interpretation of human rights. In Andean Commission of Jurists. Andean constitutional readings. Lima, Visual Service, 1994, p. 11-49 Brownning, WRF Dictionary of the Bible. Barcelona, ​​Paidós, 1998.Cabanellas, Guillermo. Encyclopedic dictionary of usual law. Buenos Aires, Editorial Heliasta, 1994. Calle Jegaño, Doris; Tenorio Arias, Jesús and Vega Bazán Castillo (1996), Eduardo. Manual for promoters: Culture of Peace. Cedro, Lima.Chanamé Orbe, Raúl. Modern legal dictionary. Lima, San Marcos, 1995.Chenett & Praeli. Legal dictionary = Law dictionary. Lima, Limagraf, 2004.Coll, Pilar. Ethics and human rights. At FEDEPAZ, CLAI, CONEP, IBC, CEP. Truth and reconciliation: Ethical reflections. Lima, Sierral, 2002.Colombato, Lucìa C. and tejada, Marcela. The right to peace. In pampapalabra.freeservers.com/deralapaz1.html Andean Commission of Jurists. Protection of human rights: operational definitions. Lima, EDIAS, 1997. Cook, Chris. Dictionary of historical terms. Madrid, Alianza Editorial, 1999. Systematic course on human rights. Editorial Argos Vergara. Great Focus encyclopedia. Barcelona, ​​Graphic Industries, 1997. In 30 volumes. Herder Publishing. Herder Universal Encyclopedia. Barcelona, ​​1954. Editorial Ribal. The great knowledge: Universal History III. Lima, 1994.Espasa - Calpe. Espasa legal dictionary. Madrid, Brosman, 2001.Espasa Editores. American European Illustrated Universal Encyclopedia. Madrid, 1975. In 70 volumes. Ferrero Costa, Raúl. Human rights: International protection mechanisms. Lima, 1980. Galvis Ortiz, Ligia. Understanding human rights towards a culture of human rights - History,international law and protection. Santafé de Bogotá, Ediciones Aurora, 1996.Gonzáles Amuschastegui, Jesús. Women and human rights: Concepts and foundations. In Manuela Ramos. Women's human rights: Conceptual approaches. Lima, Gráfica Bellido, 1996. Herrendorf, Daniel and Bidart Campos, Germán J. Principles of human rights and guarantees. Buenso Aires, 1991. Ikeda, Daisaku (2000). Peace through dialogue: it is time to talk. Reflections on a culture of Peace. Soka Gakkai, Lima. World Day of Peace. In… / document.php% 3F1dDoc% 33122% 261dSec% is & ie = Mansilla Torres, Ketherine (2001). Peace culture. Educational module aimed at young people. CEAPAZ, Lima.Nikken, Pedro. International human rights law. In Review of the Faculty of Legal and Political Sciences. No. 72, Caracas, 1999. Núñez Molina,Waldo and Núñez Molina, Cledy. Human rights course (General part). Volume I. Lima, Wolf Ediciones, 2003.Obando, Ana Elena. The right to peace. At www.google.com.pe/search?…/tema-paz.htmlOceano Grupo Editorial. New dictionary of philosophy. Barcelona, ​​2001.O'Donnell, Daniel. International protection of human rights. Lima, Andean Commission of Jurists, 1988, Page, Federico. Faith, ethics and human rights. At FEDEPAZ, CLAI, CONEP, IBC, CEP. Truth and reconciliation: Ethical reflections. Lima, Sierral, 2002. Perez Luño, AE Human rights. Rule of law and constitution. 5th edition, 1995. Rodríguez Cepeda, Bartolo Pablo. Legal methodology. México, DF, Oxford University Press, 2001, Samanez Bendezú, Jorge (1998). Educating in human rights and democracy. IPEDEHP, Lima, Newfoundland Editors, Colombia. Encyclopedia of color biographies.Barcelona, ​​Nauta Editions, 1998.UNESCO. The right to peace. Statement by the Director-General of UNESCO. At www.google.com.pe/search?q=cache6gxW3uYFGa8

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Cataloging carried out by CENDOC - MIMDES.

Third Generation Human Rights: Right to Peace. Lima, 2007.

Human rights / third generation rights / right to peace

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