Sustainable development in the rule of law
- By Fernando Alberto Calle Hayen
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E-mail China.org.cn, September 12, 2013
Ladies and Gentlemen, it is an honor for me on behalf of Peru, Latin America and Hispanic America on to say a word in this crucial VI HUMAN RIGHTS FORUM OF BEIJING.
In some Latin American countries, one of the damage to the soil and environment is the planting of coca plantation and its development and final production maceration becoming cocaine and / or hydrochloride, are themselves the biggest scourge for our youth, our childhood and older, destroying lives and families.
That is why I think it should be really and thoroughly analyzed it the crime of drug trafficking, which is multinational, reaching unsuspected, may form part of a crime against humanity because its interpretation is consistent with the ideological source from the Rome Statute.
I will not deepen the subject at this time, but I will show my concern about this situation they every day extends to the detriment of all the human rights.
Human rights
The human rights are individual essential, inalienable and inherent to dignity of the human person, they form the basis of the rule of law, and predate the positive law. Meanwhile, there are other fees that are the groups, which are linked to the quality of people life.
There is a close relationship between one and the others, but the question is to know which one wins, and today it could be said of a collision or conflict that is occurring between both, this suggests the extent to which industrial and technological growth of the world is permissible to the extent that it is compromising the environment and ecological balance, which is detrimental to the rights to life, health, and as the ultimate foundation of the individual, by which sustainability should be improved.
The individual rights versus collective rights
Article sixty-six of the Constitution of Peru, consistent with the Kyoto Convention and Article 12, paragraph d) of the International Covenant on Economic, Social and Cultural Rights which converge the obligation of the State and protect people cultural and natural wealth of the nation. In that article, we can add and conclude that those who do not protect, or damage, must answer for it. Does the environment is part of this natural wealth? Should, therefore, be protected by the state and all people? The answers have to be positive and for their sustain. We have to look at the constitutions of each country, pertaining to "collective rights and the environment," containing early texts which the doctrine has been called "social constitutionalism," the which aims to ensure that people enjoy minimum rights and life quality.
The Peruvian Constitutional Court noted in its STC No. 3343-2009-AA/TC:
The right to participate balanced environment suitable for both properties reactional-negative liberty rights (not to damage the environment) - as the rights prestacionales-positive freedom (prevent, protect and / or repair the inevitable damage occurring) -. In your face reaction, results in the obligation of individuals and the State to refrain from any acts that affect the balanced environment suitable for the development of human life. In prestacional dimension, individuals and imposes duties or obligations on the State to conserve balanced environment, which translates, in turn, in a bundle of possibilities.
The doctrine says that the right to a healthy environment is subjective and collective at the same time and, therefore, is part of the collective rights as it is inextricably linked to the quality of life and the right to health. Its exercise prevention and precaution thereof are substantial, but for defense becomes instrumental and therefore they can be entitled by a group of persons or other entities as it would be the General Attorney. Finally, it shows another feature, because it is an intergenerational right, as it should be protected and should be recognized for future generations of people that today do not exist, but that will be for posterity.
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