A/HRC/16/37
claimers. Secondly, it would be incompatible with human dignity to deprive individuals or
groups of individuals of their rights. Thirdly, human dignity was not only an individual but
also a societal value; thus, human rights should be understood in the context of human
interaction, and that meant a need to respect the human dignity of the others – and the
necessary legal protection to ensure such respect. Fourthly, human dignity required the
recognition of human freedom: to be able to develop one’s own identity. While
international human rights law may allow for limitations or restrictions on rights, human
dignity required that such restrictions were not arbitrary and, in some cases – such as the
prohibition of torture and cruel or degrading treatment – that no such restrictions were
admitted.
16.
Lastly, Mr. Klein addressed the issue of the universality of human rights. The
assertion of human dignity as a foundational value carried an immanent claim of universal
validity. The significance of national and regional particularities and various historical
cultural, religious and backgrounds might, however, be relevant to the interpretation of
human rights in specific contexts, especially of the permissibility of restrictions. Human
dignity should always, however, be a yardstick for these interpretations. Cultural traditions
could never be a justification for State action or failure to act when human dignity was at
stake. Mr. Klein also stressed the need to take into context the evolution of values, which
were not fixed or immutable, when interpreting human rights in the light of human dignity.
He advocated for both openness and carefulness when doing so.
17.
The Human Rights Director of the Tukui Shimi Foundation and former member of
the Ecuadorian Constitutional Assembly, Mónica Chuji, placed the concept of human
dignity in the context of the indigenous peoples’ worldview by focusing on the notion of
sumak kawsay (“good living” or “life in harmony”), which had been incorporated into the
new Constitutions of Ecuador and Bolivia (Plurinational State of), together with
international human rights instruments and standards. The concept of sumak kawsay, which
originated in the worldview of Andean indigenous peoples, based the notion of well-being
not in the isolated individual, but in the relationship between the individual, the community
and nature.
18.
Sumak kawsay meant to enjoy access to a healthy and fertile land; to cultivate what
was necessary and in a diversified way, to keep rivers, forest, mountains and the air clean;
to manage collectively the territory, to provide and receive an education on the basis of the
community’s own values, to respect the rights of others, and to decide collectively on the
priorities of each community. It was based on the respect of those who lived around us and
of the ancestral institutions that regulated community life. It was founded on equity,
solidarity, reciprocity, discipline, respect, the acknowledgment of difference, conservation
and the recognition that all of us are part of nature, part of biodiversity and have the
responsibility of looking after our habitat.
19.
The concept of sumak kawsay had multiple dimensions. It had a
philosophical/ethical dimension, focused on the need for an indivisible, respectful and
harmonious relationship of individuals and communities with nature. It had a political
dimension, linked with self-determination and the collective rights of indigenous peoples to
decide on their own development. It had a legal dimension, because it needed to be
reflected in binding legal norms, which included customary norms. Sumak kawsay was also
connected to universally recognized human rights; indeed, it was related to civil, political,
economic, social and cultural rights, and to both individual and collective rights. It had
economic dimensions, because it offered a basis to assess which economic activities were
respectful of nature and not based on the exploitation of either nature or human beings.
Sumak kawsay promoted diverse, healthy and balanced production, allowing for sharing,
consumption of own produce and fair trade. It had a cultural dimension, because it reflected
traditional knowledge and values and was open to intercultural dialogue. It had an
6
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