Memoria de la V Conferencia Nacional sobre Derechos Humanos

MEMORY OF THE V NATIONAL HUMAN RIGHTS CONFERENCELikewise, among the economic, social and cultural rights we find “the right to labor, to equalwork conditions (equal pay for equal work, security, hygiene, protection and promotion), to technicalprofessionaltraining, the right to rest; to reasonable limitation of working hours; to the affiliation tolabor unions, to negotiation and strike; to a fair remuneration that enables the individuals and theirfamilies to have a decent standard of living: health and medical care, food, clothing, shelter and socialservices; to social security and protection against unemployment, disease, disability, widowhood, oldage, among others; the right to protection of the family, motherhood and childhood and adolescence;the right to education; the right to participate in the cultural life and to enjoy arts, scientific progress andtheir benefits”. 12Among the rights of solidarity, of the peoples and collective rights we find: “the right to the commonheritage of humanity, the right to the self-determination of peoples, the right to a healthy environment,peace and development and overall welfare of the human being”. 13Human development aims at creating conditions for human welfare. To achieve welfare, it isnecessary to be in a position to exercise substantial freedoms of the human being, either of civil,political, economic, social or cultural nature. Human development is linked to the strengthening ofcertain capabilities related to the whole range of things that a person can be and do in his life. It valuesthe freedom to live in the way each person decides, including the opportunity to be able to choose hisown destiny.The capabilities include fundamental freedoms to meet the needs of body, as well as the ability toprevent starvation and malnutrition, or to escape from the preventable morbidity or from prematuremortality (negative freedoms).They also include the enabling opportunities, such as the opportunity to employment as a resultof proper education, or the freedom and the financial means to move freely and to choose the place ofresidence (positive freedoms). They also include important “social” freedoms, such as the ability toparticipate in community life, to join the public debate and discussions, to participate in the politicaldecision-making, and even the fundamental ability to “appear in public without feeling ashamed”. 14The human rights approach emphasizes the idea that an individual right must include, directly orindirectly, the claim of a person over others, whether individuals, groups, societies or countries.Some rights take the form of immunity to the interference of others. Others are expressed in theform to claim the attention and assistance of others to be able to do certain things.These rights share the characteristic to involve certain capacity of the individual to receive helpfrom others in defense of his substantive freedoms. The right to receive assistance can involve the claim12 Idem.13 Ibidem.14 Sen, 2004.– 444 –