Events and new possibilities can affect existing rights or require new ones. Advances of technology, medicine, and philosophy constantly challenge the status quo of human rights thinking.
[edit] Environmental rights
There are two basic conceptions of environmental human rights in the current human rights system. The first is that the right to a healthy or adequate environment is itself a human right (as seen in the both Article 21 of the African Charter of Human and People’s Rights, and Article 11 of the San Salvador Protocol to the American Charter of Human Rights).[93][94]. The second conception is the idea that environmental human rights can be derived from other human rights, usually - the right to life, the right to health, the right to private family life and the right to property (among many others). This second theory enjoys much more widespread use in human rights courts around the world, as those rights are contained in many human rights documents.
The onset of various environmental issues, especially climate change, has created potential conflicts between different human rights. Human rights ultimately require a working ecosystem and healthy environment, but the granting of certain rights to individuals may damage these. Such as the conflict between right to decide number of offspring and the common need for a healthy environment, as noted in the tragedy of the commons.[95] In the area of environmental rights, the responsibilities of multinational corporations, so far relatively unaddressed by human rights legislation, is of paramount consideration.[citation needed]
Environmental Rights revolve largely around the idea of a right to a livable environment both for the present and the future generations.
[edit] Future generations
In 1997 UNESCO adopted the Declaration on the Responsibilities of the Present Generation Towards the Future Generation. The Declaration opens with the words:
| “ | Mindful of the will of the peoples, set out solemnly in the Charter of the United Nations, to 'save succeeding generations from the scourge of war' and to safeguard the values and principles enshrined in the Universal Declaration of Human Rights, and all other relevant instruments of international law. | ” |
| —Declaration on the Responsibilities of the Present Generation Towards the Future Generation | ||
Article 1 of the declaration states "the present generations have the responsibility of ensuring that the needs and interests of present and future generations are fully safeguarded." The preamble to the declaration states that "at this point in history, the very existence of humankind and its environment are threatened" and the declaration covers a variety of issues including protection of the environment, the human genome, biodiversity, cultural heritage, peace, development, and education. The preamble recalls that the responsibilities of the present generations towards future generations has been referred to in various international instruments, including the Convention for the Protection of the World Cultural and Natural Heritage (UNESCO 1972), the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity (Rio de Janeiro, 1992), the Rio Declaration on Environment and Development (UN Conference on Environment and Development, 1992), the Vienna Declaration and Programme of Action (World Conference on Human Rights, 1993) and a number of UN General Assembly resolutions relating to the protection of the global climate for present and future generations adopted since 1990.[96]
[edit] Lesbian, Gay, Bisexual, Transgender (LGBT) rights
Some organizations argue that LGBT issues, such as same-sex marriage, gay adoption rights, and protection from discrimination should be considered human rights.[97][98][99]Canadian courts have recognized certain rights under section fifteen of the Canadian Charter of Rights and Freedoms. Current campaigns, such as the Human Rights Campaign, specifically focus on the rights of the LGBT community.[100]
Part of this debate includes a proposed UN declaration on LGBT rights which would for the first time condemn “discrimination based on sexual orientation and gender identity.”[101] While receiving widespread global support, including signatures from the member states of the European Union, opposition has come from several UN member nations, as well as the Vatican, where the Vatican’s permanent observer at the UN, indicated his belief that the declaration would discriminate against states which support traditional marriage.[102]
[edit] Trade
Although both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights emphasize the importance of a right to work, neither of these documents explicitly mention trade as a mechanism for ensuring this fundamental right. And yet trade plays a key role in providing jobs.[103]
Some experts argue that trade is inherent to human nature and that when governments inhibit international trade they directly inhibit the right to work and the other indirect benefits, like the right to education, that increased work and investment help accrue.[104] Others have argued that the ability to trade doesn't affect everyone equally -- often groups like the rural poor, indigenous groups and women are less likely to access the benefits of increased trade. [105]
On the other hand, others think that it is no longer primarily individuals but companies that trade, and therefore it cannot be guaranteed as a human right.[citation needed] Additionally, trying to fit too many concepts under the umbrella of what qualifies as a human right has the potential to dilute their importance. Finally, it is difficult to define a right to trade as either "fair"[106] or "just" in that all trade regimes create winners and losers, and changing the rules only creates different losers, not necessarily fewer.[107]
See also: The Recognition of Labour Standards within the World Trade Organisation
[edit] Water
There is no current universal human right to water, binding or not, enshrined by the United Nations or any other multilateral body. In November 2002, the United Nations Committee on Economic, Social and Cultural Rights issued a non-binding comment affirming that access to water was a human right:
| “ | the human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. | ” |
| —United Nations Committee on Economic, Social and Cultural Rights | ||
This principle was reaffirmed at the 3rd and 4th World Water Councils in 2003 and 2006. This marks a departure from the conclusions of the 2nd World Water Forum in The Hague in 2000, which stated that water was a commodity to be bought and sold, not a right.[108] There are calls from many NGOs and politicians to enshrine access to water as a binding human right, and not as a commodity.[109]
[edit] Crime and Punishment
The Universal Declaration of Human Rights states that everyone has the "right to life".[110] According to many Human Rights activists, the death penalty violates these rights. [111]The United Nations also called on retentionist states to establish a moratorium on Capital Punishment with a view to abolition.[112]States which do not face considerable moral and political pressure. The Universal Declaration of Human Rights also prohibits torture and other cruel, inhuman, and degrading punishment. Countries have argued that "enhanced interrogation methods", which amount to torture, are needed for national security. Human rights activists have also criticized some methods used to punish criminal offenders. For example, Corporal Punishment is also an issue. One example is Caning, used in Malaysia, Brunei, and Singapore is considered to be cruel, inhuman, and degrading punishment.[113] In Mexico, Life Imprisonment without parole is also considered to be cruel and unusual punishment. Other issues, such as Police Brutality and impunity for Human Rights violators[114] are also serious issues.
[edit] Medicine
In Canada several legal medical marijuana patients have filed human rights complaints over their discrimination and treatment. [115] [116]
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