Sustainable development in the rule of law
- By Fernando Alberto Calle Hayen
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E-mail China.org.cn, September 12, 2013
Human rights and social state
Principles such as equity, solidarity and the prevalence of general interest have been built in the world the concept of social welfare state and therefore more humane and given a new vision and a new dimension to human rights, especially after the great crisis of the thirties, the devastating effects of World War II, the atomic explosions and chemical weapons, the weakening of the ozone layer with known consequences.
Then arise of the third generation rights as a legal response to the "damage" produced by man-or rather the company-in their quest for development and technological progress, which are caused, not the individual women, but large masses, whole people and communities, that's humanity, as has happened with the ecological damage or environmental damage, do not forget that in these times we are already talking about the right to life.
They're faced, consequently, production and economic interests of the merchant or industrialist, considered individually, or the "Company", as is collective, taken as economically organized activity with profit and to achieve a productive outcome of goods in general.
These "people", considered individually or as part of organized legal fiction, are holders of human rights, individual rights, which eventually conflict with collective rights, interests representing "fuzzy" and that, therefore, affect social group, the conglomerate, in bulk.
In this regard, Professor Domenico Pisciotti summarizes with certainty:
Since the Second World War, new types of rights and legitimate interests, which can not be attributed to specific social groups, but an unknown number of people, have led to rethinking other category of rights as those who are commenting.
Speaking of the origins of the rights of third generation is speaking of accelerated technological and industrial developments and transnational trade that the world in recent times, causing and producing effects on people's rights or interests that are scattered and not organized, because such impairment is not identified social groups, but very broadly in various social sectors, so it is not easy to find or identify the injured on their legal rights under contemporary issues like the massive provision of goods and services, environmental disruption, marginalization in overcrowded urban areas and the continued destruction of natural heritage, art and culture.
And who?, and we wonder who cause these damages, those damages to the collective rights? What are the reason or reasons because they do it?
How many hectares of forests are destroyed annually?
How many water sources are extinguished and exhausted in the same period?
How much land will become unproductive by erosion and drug trafficking?
In which proportion are contaminated drinking water resources?
In large cities, what levels of pollution, and contamination, they support? How many large species of fauna and flora are endangered?
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