A/HRC/12/27
page 9
D. Views on solidarity as a principle of international law
19. In the view of one respondent, international solidarity is an essential part of international
cooperation. International solidarity is definitely a principle of international law and, in
particular, of international human rights law; article 28 of the Universal Declaration of
Human Rights clearly states that every person has a right to a “just social and international
order”, enshrining this right as a principle by which all countries must abide. It is therefore
viewed as both a principle and a right. According to another respondent, international solidarity
should be a principle of international law, particularly human rights law, as this principle is the
keystone of our responsibility to protect people and to defend their rights. Preserving order and
the very survival of international society should be based on the principle of solidarity and
mutual assistance, particularly when a country faces a natural disaster, poverty and/or terrorism
or is in a post-conflict situation.
20. Some Member States perceive international solidarity as a superior right that supports
other rights such as freedom, equality and security, and as a value that is embodied in principles
that act to serve the human person, the purpose of which is to contribute to the autonomy,
independence and economic and social freedom of less developed countries and, of course, their
respective people. Since solidarity has been described as the tenderness of the people, the value
of international solidarity is a key instrument guiding the implementation and interpretation of
human rights.
E. International cooperation: a core component
21. International solidarity is at the heart of international cooperation. In its preamble, the
Charter of the United Nations sets forth the importance of fundamental human rights, freedoms
and dignity, progress and better standards of life. Article 1 states that a fundamental purpose of
the United Nations is to achieve international cooperation in solving international problems of an
economic, social, cultural or humanitarian character and in promoting and encouraging respect
for human rights and fundamental freedoms for all. The need for international cooperation has
been repeatedly emphasized by the General Assembly. Under Article 55 of the Charter, the
United Nations has a duty to promote higher standards of living, full employment and conditions
of economic and social progress and development; solutions of international economic, social,
health and related problems; and international cultural and educational cooperation and universal
respect for, and observance of, human rights and fundamental freedoms. Article 56 states that
Members “pledge themselves to take joint and separate action in cooperation with the
Organization for the achievement for the purposes set forth in Article 55”. According to some
interpretations, this imposes a legal obligation on Member States. According to the Special
Rapporteurs to the Subcommission for the Promotion and Protection of Human Rights
(E/CN.4/Sub.2/2000/13), action taken by Member States collectively or individually to defeat
this pledge is a violation of the principles of jus cogens. This position supports the view that
international cooperation and solidarity involve legal obligations of a prime nature. It can
further be argued that obligations based on international solidarity, where they concern the most
fundamental human rights, can go beyond the limits of State borders because they are due
erga omnes (to all humanity/to the international community), rather than merely inter partes
(between the parties).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents