A/HRC/21/45
14.
The Universal Declaration of Human Rights is an emanation of the Charter and
constitutes a minimum standard which must be respected not only by States but also by
individuals.
15.
The world financial crisis is a result not only of toxic loans by irresponsible bankers
but also of the enormous waste caused by recurrent armed conflicts and by the inordinate
proportion of national budgets devoted to the development of all kinds of armaments,
including weapons of mass destruction, which threaten the survival of humanity 2 and
violate article 6 of the International Covenant on Civil and Political Rights.3 The Charter
also stipulates the promotion of human rights, development and friendly relations based on
respect for the principle of equal rights and self-determination of peoples. The application
of the Charter is further governed by general principles of law, such as equity, good faith,
victims‘ right to reparation, estoppel (ex injuria non oritur jus), and the overarching
principles of equality, non-discrimination and the common heritage of mankind.
B.
Relevant instruments
16.
The Universal Declaration of Human Rights constitutes ―a common standard of
achievement for all peoples and all nations‖. Of particular relevance to the present mandate
are the rights to freedom of opinion and expression (art. 19), freedom of peaceful assembly
and association (art. 20), the right to take part in the conduct of public affairs (art. 21), the
right to a social and international order in which the rights and freedoms set forth in the
Declaration can be fully realized (art. 28), and everyone‘s ―duties to the community in
which alone the free and full development of his personality is possible‖ in the light of ―the
general welfare in a democratic society‖ (art.29).4
17.
For the realization of an international order that is more democratic, it is necessary
that States observe the rights stipulated in both the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights.
With regard to civil and political rights, particularly crucial are the right to hold opinions
without interference and the right to freedom of expression, including freedom to seek,
receive and impart information, regardless of frontiers (art. 19), as well as the right to
peacefully assemble (art. 21) and the right to freedom of association (art. 22). The right to
due process in civil and criminal proceedings as well as the independence of the judiciary
(art. 14) are central to every democracy, as is the right of every citizen to take part in the
conduct of public affairs, directly or through freely chosen representatives, and to vote and
be elected at genuine periodic elections (art. 25), and the autonomous right to equality (art.
26).
18.
The International Covenant on Economic, Social and Cultural Rights stipulates
conditions for the promotion of an equitable international order, in particular the rights to
work (art. 6), to form and join trade unions (art. 8), to social security (art. 9), to an adequate
2
3
4
8
Mikhail Gorbachev, ―Resetting the nuclear disarmament agenda‖, Geneva Lectures Series, 5 October
2009.
Human Rights Committee general comment 14 (1984) on nuclear weapons and the right to life.
See also the report of the Special Rapporteur on Human Rights and Human Responsibilities
(E/CN.4/2003/105); Declaration on the Right and Responsibility of Individuals, Groups and Organs
of Society to Promote and Protect Universally recognized Human Rights and Fundamental Freedoms
(General Assembly resolution 53/144, annex). In The Price of Civilization: Economics and Ethics
After the Fall (2011, p. 263), Jeffrey Sachs notes: ―No class war is needed or intended. Yet as
America‘s greatest businessmen, from Andrew Carnegie to Bill Gates, Warren Buffett, and George
Soros, have known, those with great business skills have great responsibilities as well.‖
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