By Louise Arbour and - -
GENEVA, Jan 1 2005 (IPS)

The challenge before us today is to use the many opportunities globalisation offers to deliver human dignity for all, writes Louise Arbour, UN High Commissioner for Human Rights. In this article, the author writes that the power of human rights lies not just in their expression of an aspiration but in their articulation of a legal framework which binds us all. In this age of rapid globalisation, decisions that directly affect people\’s lives are taken beyond national borders; accordingly, it is crucial that we strengthen the capacity of states to defend human rights and the rule of law and to resist policies that will have negative consequences on human rights of their people. The protection of human rights at the country level is critical if international standards, norms, and laws are to have practical effects on the ground. Only when national laws, institutions and procedures effectively work in this direction can the protection of human rights be ensured. This column is part of the special series on \”Globalisation & Human Rights\”, a joint effort of Dignity International (http://www.dignityinternational.org) and the IPS Columnist Service.

The globalisation process continues at its rapid pace, bringing opportunities for a better life for many but also increasing risks of social exclusion and poverty for others. At the same time, most aspects of our lives are affected for the better by the universal application of human rights, while the overwhelming consequences of the denial of human rights on our existence are negative.

The challenge before us today is to use the many opportunities globalisation offers to deliver human dignity for all.

The power of human rights lies not just in their expression of an aspiration but in their articulation of a legal framework which binds us all. Since the inception of the Universal Declaration of Human Rights, the international community has developed a body of norms and standards that has given effect to the fundamental principles contained in the Declaration.

Every State in the world today has voluntarily accepted binding human rights obligations by being party to one or more of the seven core human rights conventions. Giving primacy to this body of law helps us to place all human beings at the centre of often complex policy debates and laws that uphold dignity, equality, and justice.

In this age of rapid globalisation, decisions that directly affect people’s lives are taken beyond national borders; accordingly, it is crucial that we strengthen the capacity of states to defend human rights and the rule of law and to resist policies that will have negative consequences on human rights of their people.

The protection of human rights at the country level is critical if international standards, norms, and laws are to have practical effects on the ground. Only when national laws, institutions and procedures effectively work in this direction can the protection of human rights be ensured.

Ensuring respect for one particular set of rights is especially challenging. States have affirmed repeatedly the indivisibility of all human rights, yet economic, social and cultural rights have not always enjoyed the same level of legal protection as civil and political rights. The growing jurisprudence from national courts, as well as from regional human rights mechanisms, demonstrates that economic, social, and cultural rights do lend themselves to judicial remedies in cases of clear violation.

In this regard we must make possible the implementation of the rights enshrined by the International Covenant on Economic, Social, and Cultural Rights subject to an individual communications procedure.

Like civil and political rights, economic, social, and cultural rights may have cost implications. But detailed analysis and jurisprudence from different political, economic, and legal systems show that it is a myth that economic, social, and cultural rights are uniquely and consistently “expensive”.

In fact, all human rights norms require rationality and equity in resource allocation, as well as determined efforts to make progress within existing resource constraints.

There is a growing recognition that human rights and human development share a common purpose: to enhance human capabilities and generate opportunities to live a life of dignity, equality, and well-being. Against this backdrop the right to development highlights how the process of policy formulation and the implementation of development programmes could benefit from human rights principles.

There is no question that States have the primary responsibility for their own economic and social development, and the role of national policies and development strategies cannot be overemphasised. At the same time, the international community has the responsibility to create an international environment conducive to the realisation of this right. This is the principle behind the Secretary-General’s recent report recommending that rich countries double their investments in poor countries to reach the Millennium Development Goal (MDG) of halving extreme poverty by 2015 and eliminating it by 2025.

I believe the adoption of a human rights-based approach to decision-making on trade, financial flows, information, communications, and migration increases the beneficial impact of international economic integration and minimises its harmful consequences. We need to explore further the specific links between finance, trade, and human rights, but it is clear that human rights ought to be primary and that there should be compatibility and compliance of international financial and trading rules with international human rights law.

The Universal Declaration of Human Rights proclaims that every individual and ”every organ of society [shall] strive

-to promote respect for these rights and freedoms, [and]

-to secure their universal and effective recognition and observance”.

As we address the links between human rights and economic and development issues we need to clarify the responsibilities of non-state economic actors.

Here, I have in mind, in particular, the important debate concerning the human rights role and responsibility of business entities — including transnational corporations.

Finally, a word on terrorism. We need to place a high priority on ensuring respect for human rights while we, as a global community, take firm steps to eradicate terrorism. We have all been horrified by the continuing, brutal acts of terrorism that have been committed in recent months and years around the world. Words can scarcely convey the repugnance we feel towards such behaviour.

At the same time, we must confront these acts within the framework of existing rights and the rule of law. Deeply entrenched rights have been rolled back in the name of ”the war on terrorism”. This is neither principled nor effective.

Another year has just begun but we have the same resolve to continue in our efforts to build a better world — a world of human dignity for all.

Human rights are more than just good ideas or distant goals. They provide a moral, ready and a rigorous framework to empower people from around the world to shape a new globalisation that benefits all. (END/COPYRIGHT IPS)

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