A/HRC/4/8
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proposed as an alleged new category of collective rights. The idea was supported primarily by
developing States. These collective rights include: the right to economic and social
development; the right to participate in the benefits of the “common heritage of mankind”; the
right to peace; the right to a healthy and sustainable environment; the right to humanitarian
assistance and disaster relief; the right to communication.
42.
In the case of third-generation rights there are no special enforcement procedures
available at all, apart from the usual mechanisms established in relations between States.
43.
How should third-generation rights be acknowledged in the United Nations human rights
machinery? Third-generation rights may be described as certain rights, which are in the interest
of mankind as a collective body. Since the 1970s, third-generation rights have been referred to
in many resolutions, and also by many international actors. The disputed nature of the very
existence of third generation rights would imply that they constitute lex feranda at best, and not
yet lex lata. However, given the urgency of the demand from many international actors, these
rights may very well soon be recognized.
44.
In order to correspond to the realization of the Millennium Development Goals, it is
intended that third-generation rights emphasize specifically the rights to economic and social
development as one of the collective rights. At present, the basis of third-generation rights could
be said to be simply moral, but these rights can be construed as having a legal basis in a number
of existing international instruments. These include Charter of the United Nations Article 1,
paragraphs 2 and 3.
45.
These purposes are further reinforced by the substantive provisions of the Charter,
particularly Articles 55 and 56, which clearly demonstrate that the creation of suitable
international conditions is a prerequisite for the full social development of individuals.
Practical examples
46.
The independent expert proposes that Member States give consideration to:
(a)
Making official development assistance more accessible and predictable. Many
donors are set to meet the target of dedicating 0.7 per cent of gross national income to official
development assistance by the year 2015;
(b)
The requirements of regional initiatives, particularly in the least developed
countries, for monitoring the realization of human rights, especially the right to development;
(c)
Increasing annual aid flows by at least US $50 billion, with at least half of that
directed to Africa.
III. CONCLUDING REMARKS
47.
The world has become more globalized and the interaction between international
actors is more rapid, so there are new challenges to be faced. The benefits and burdens of
this global world are not evenly distributed and, without wishing to say that globalization
has a detrimental impact on the world, it does produce some negative effects. The world
needs a fairer distribution of the benefits of globalization. Furthermore, globalization has
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