A/HRC/32/43
B.
Comments and recommendations of a general nature on the proposed
draft declaration
16.
The following are highlights of the major issues, comments and recommendations of
a general nature on the concept, structure and substance of the proposed draft declaration:
(a)
In general, the principle of international solidarity was closely linked to the
international law of cooperation, but two important questions were raised from the outset.
One was whether the purpose of the declaration was to establish a right to international
solidarity as a claimable right or as a principle with moral force. The other was whether the
right to international solidarity was a right from which to benefit or a right to demand the
application of the principle of international solidarity;
(b)
On the premise that a declaration on the right to international solidarity was
premature at this point, the possibility of a step-by-step approach was discussed wherein
there would first be a “declaration on international solidarity”, which would be developed
progressively and systematically to become a “declaration on the right to international
solidarity”;
(c)
Extraterritorial obligations of States and national sovereignty were identified
as key concepts in the discussion on a right to international solidarity. In that connection, it
was highlighted that the process of developing a declaration on the right to international
solidarity would encounter challenges, as it could be interpreted as an attempt to establish
obligations for States to provide assistance, leading to a shift in the model of State
cooperation as related to development assistance;
(d)
A right to international solidarity could reinforce the principle of
international solidarity, which was generally agreed upon. More than just being a principle,
the right to international solidarity could be derived directly from the Charter of the United
Nations and the Universal Declaration of Human Rights, which enshrined the values of the
human family, as well as equality and equity. A right to international solidarity could
therefore be developed as an enabling right for the fulfilment of all other human rights in
the context of a globalized world;
(e)
The draft declaration should explicitly refer to all international actors,
including transnational businesses and intergovernmental organizations, and clearly
articulate their roles and obligations;
(f)
The right to international solidarity should be more precisely defined,
identifying mechanisms for enforcement, inter alia, by developing guidelines describing the
role of different stakeholders and giving clear examples of actions to enforce a right to
international solidarity;
(g)
The right to international solidarity should cover all human rights, including
economic, social and cultural rights, as well as civil and political rights. The proposed draft
declaration should also refer to intergenerational equity, which was a principle that needed
to be strengthened in the international legal framework. Furthermore, a more general
reference should be reflected in the text regarding the fundamental rights of women beyond
those relating to gender-based violence;
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