A/HRC/17/39 performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment. (c) Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary. D. A legal standard, an emerging standard, not yet a human rights standard 12. At the OHCHR Workshop (2009), different opinions were voiced by experts whether a right to peace (a) existed, (b) was an emerging right or (c) represented rather an aspiration.j For the purpose of this progress report the question of legal status is less important. There is a request by the Human Rights Council for a draft declaration, so there is obviously a political will to strengthen a soft law standard. 13. Regarding the question of assertion of peoples’ right before contemporary international courts and tribunals, former judge Cançado Trindade spoke at the OHCHR Workshop (2009) about his experience at two such tribunals in which he had served or was currently serving as a judge, namely, the Inter-American Court of Human Rights and the International Court of Justice. That experience showed that the rights of peoples had been acknowledged and asserted before contemporary international tribunals. It indicated that there had been clear advances in the realization of international justice in recent years, in cases of factual and evidentiary complexities.k E. Relationship of an emerging right to peace to other human rights, especially the right to solidarity 14. At the OHCHR Workshop (2009), an expert suggested that the right to peace could be addressed within international human rights law from three perspectives: (1) as part of the emerging right to international solidarity; (2) as part of the right of all people and all peoples for a democratic and equitable international order; and (3) as an essential element of the right of peoples to peace. Thus, in the work of the Human Rights Council the right to peace should be linked in its material formulation to emerging rights or solidarity, in j k 32 OHCHR Workshop (2009), para 14, 56. Judge Cançado Trindade reported: “The Inter-American Court of Human Rights, in the case of the Community Mayagna (Sumo) Awas Tingni v. Nicaragua (2001), had extended protection to the right of all the members of an indigenous community to their communal property of their historical lands. Furthermore, three other decisions had had a direct bearing on the rights of peoples, their cultural identity and their very survival, namely, in Yakye Axa Indigenous Community v. Paraguay (2005– 2006), Sawhoyamaxa Indigenous Community v. Paraguay (2005–2006), as well as in Moiwana Community v. Suriname (2005–2006), which had ruled on the case of the Moiwana massacre. Mr. Cançado Trindade added that such late jurisprudential development would have been unthinkable for the draftsmen of the American Convention on Human Rights. Massacres no longer fell into oblivion. Atrocities victimizing whole communities, or segments of the population, were being brought before contemporary international tribunals, for the establishment not only of the international criminal responsibility of individuals, but also of the international responsibility of States” (OHCHR 2009 Workshop, para 36).