HUMAN RIGHTS AND ENVIRONMENT
As we know the human rights had appeared concretely in the world-wide scene with the French Revolution in 1789, having been a conquest consolidated in the movements of preservation of the individual guarantees, where if they had detached the workmanship of Rousseau.
Later with the Universal Declaration of the Human Rights of 1948 by ONU the necessity of the countries having to observe them and the rules of this really important document had started to give subsidies to the future quarrels on the question.
The II World-wide Conference of Human Rights, 1993, Vienna, has sedimented in universal character the necessity of comment and preservation of the human rights, where it was concluded that it is necessary either the commitment and responsibility of all the States to promote the universal respect and protection of all the human rights, either promoted the self-determination of the peoples; reaffirmed the right to the development as integrand part of the universal human rights, as well as it advocates for the cooperation of the States with the NGOs for guarantee it accomplishes of the human rights, it defines the extreme poverty as inhibiting of the full human right of action, it requests the end of apartheid, advocates the comment of the human rights of the women, ethnic children and minorities. It recommends to the ratification and adhesion of the international treated ones to human rights, requests either elaborated a declaration it accomplishes on the rights of the aboriginal peoples and considers among others that the environment development must satisfy the necessity to guarantee the survival of the future generations. (International Instruments of Protection of the Human Rights. General office of the attorney general of the State/SP. Center of Studies. Series Documents nº14.1996, pg. 61/99). In this last cited recommendation, the concern with this thematic one is seen that the environmental questions must be observed in the paths of our development, showing since that time.
In this direction, it is important to still observe that art. III of this cited Universal Declaration of the Human Rights (1948) says that everybody has the right of life, to the freedom and the personal security. However, when it says " of life " there is the balanced environment, therefore this is one of the essential conditions to the existence of the life in all its fullness and forms.
In our legislation we can detach the proper Federal Constitution of 1988, where important referring articles to the human rights exist as:
- art.1º, inc.III, protect the dignity human being and it places it as bedding of the Republic;
- art.3º, inc.III, put as basic objective, among others, the eradication of the poverty and the begging in order to reduce the social and regional inequality;
- art.5º, caption, place all equal ones before the law, and its interpolated proposition III, that prohibits the torture, the deshuman or degrading handling;
- art.6º determined the assistance to the abandoned ones;
- art.193, gives as base of the social order the welfare and social justice;
- art.231, recognizes to the Indians and its social organization as a whole,
- art.225 that recognizes the right of all to have a balanced and healthy environment.
Dignity human being
When it is said in human rights, is opportune to discourse on one of its more important pillars is that the respect to the dignity.
Dignity comes of Latin dignity and can be defined as honor, nobility, decency, respect proper itself (the New Aurélio Dictionary and Aurélio Mini-dictionary, both of the New Publishing company Border) and is on to the human being for a representative intellectual abstraction of a spirit state.
The dignity, therefore, is a human attribute felt and created for the man and developed and studied, existing since the last premeds of the humanity but only in the two perceived centuries fully, and when the human being started to live in societies rudimentarily organized the honor, honor and nobility already were respected by the members of the group, what was not perceived and understood concretely, but generated prominence to some members.
In running of the centuries with the unordered growth of the populations, human beings and its invents, which had originated wars for domination, the dominant peoples and the dominated ones in great scales had appeared: free and the slaves. The man started to dominate other men reciprocally. Then the dignity of human being respected of course for the societies most rudimentary passed to be disrespected and to be lowered, imposing to the oppressed ones and enslaved infuriate situations with the degradation of its cultures, the negation of its freedom, making them to become lose for the life, what we can observe in the catastrophic destruction of the Amerindian etnias with the discovery of the New World by the Europeans.
The dignity of human being never was so lowered as at this time of the " great conquerors ", therefore entire civilizations that lived free in its lands had been humiliated, overwhelmed or enslaved, this everything without counting the shame of the black slavery when millions of men of the African continent had its dignity total disrespected by the dominant ones, although to be rebelled bravely per centuries, as registers Clóvis Moura (Revolt of the Senzalas, Publishing company Opened Market, 1988, RJ).
Therefore, the dignity of human being was disrespected by our entire “civilized world ", although men with great humanist vision as Russeau and Joaquin Nabuco, among others, to raise its voices against this humiliating condition. For its philosophical writings and assays, they had led and they take the society of human being to reason about this great social problem.
The human being as historical being that he is, creates his world, his rollback and his values as the freedom, being this affects to all since richest to poor, therefore it is part of his nature: the nature human being.
Having as common denominating the freedom and consequently the respect, human societies beings must be constituted and be organized on the recognition of this world-wide yearning; they must form " an humanized " society, observing this intrinsic value of man. The dignity alone is possible with freedom, because the free man is only worthy, therefore will have recognized its honor, its nobility of human being. But so that it can have a total and including humanization, they must all the social organizations human beings recognize its members for its human intrinsic attributes, and not for its external material attributes as material wealth.
As we know, the classic slavery does not have more that is the total subjugation of the man for the man with the disgusting hashing of the human being in passive object of property of another one, but still has the degrading social inequality with the existence of ruling classes and dominated classrooms, as well as dominant people and people dominated for the technology, economy etc, generating a vast social unevenness.
If to compare the last centuries the situation human being improved, evidently, but still it has a great oppression to the dignity of human being, for the difficulty of the people to have chances of improvement of its conditions of same life and to be able to get the minimum of dignity, mainly for the great distinction of classrooms in result of uncontrolled it economic.
As pointed out well for Manfred of Oliveira (Ethical and modern rationality, Ed.Loyola, pg.110/111), it is indispensable that it has a rise of the individual conscience, of the universal conscience, if wanting to have a society universally exempts. Politics or partisan is not about ideology, but if you want to be really human in all the fullness of the word we must rethink our values and raise the respect to our dignity to the maximum, and to study and thus put in practical a new social organization. To reorganize our society having as pillars Social Justice and the respect to the right to the dignity of all its integrand ones, observing and respecting the individual freedom and mainly the social conscience of well-served to the common cause.
In our Federal Constitution we find important articles in this direction as above cited that protect the dignity human being, direct or indirectly, thus we can see in our Great Letter ample legal devices that protect the dignity of human being, lacking to really place them in practical. Finally, we can conclude that a society will only be able to exist fully to imagine the yearnings of all its citizens and to respect its basic rights, including there the right of if having a worthy life.
Balanced environment is right basic human being
As it can be seeing in the cited legal devices, nowadays we can include the healthful and balanced environment as one of the human basic rights, therefore to live well and in healthful place is a right of all; to eradicate the environmental poverty and its consequences also consists in a human right, as well as the welfare state that it implies in a welfare environmentally balanced is another human right, as well as having a social justice is necessary that all the requirements how much to the healthy environment they are observed. The dignity of human being is, on direct or indirectly to the quality of life and the healthy environment.
However, unhappily we have seen still great breaking of the Human Rights in Brazil, including there the degradation of the environment, what it has reed-echo minus in the world-wide scene, showing that we still have a great difficult and path to cover.
Therefore, for any of these rights effectively being observed and respected it must have much more politics will in international scope, regional and awareness of the problematic one in question.
We still cannot forget that protection of human beings rights is basic, without what we will be predestined to live in the blackness of our instincts, with promptness of egoism, violence and disrespect to weakest and the environment.
Main international instruments of human rights
- Letter of the Matched Nations: adopted in 26,06,1945 in the Conference of San Francisco. Ratified for Brazil in 21,09,1945;
- Universal Declaration of the Human Rights: Resolution 217 (III) of the General meeting of the ONU in 10,12,1948. Brazil signed in 10,12,1948;
- International Pact of the Civil laws and Politicians: Resolution 2.200-A (XXI) of the General meeting of the ONU in 16,12,1966. In Brazil, 24,01,1992;
- International Pact of the economic laws, Social and Cultural: Resolution 2.200-A (XXI) of the General meeting of the ONU in 16,12,1966. In Brazil in 24,01,1992;
- Cruel Convention on the Torture and Other Handling or Penalties, Deshuman or Degradants: Resolution 39/46 of the General meeting of the ONU in 10,12,1984. In Brazil in 28,09,1989;
- Convention on the Rubout of all the forms of Discrimination against the Woman: Resolution 34/180 of the General meeting of the ONU in 18,12,1979. In Brazil in 01,02,1984;
- Convention on the rubout of all the forms of Racial Discrimination: Resolution 2.106-A (XX) of the General meeting of the ONU in 21,12,1965. In Brazil in 27,03,1968;
- Convention on the Rights of the Children: Resolution L. 44 (XLIV) of the General meeting of the ONU in 20,11,1989. In Brazil in 24,09,1990,;
- American Convention of Human Rights: adopted in 22,11,1969 in They are Jose of the Costa Rica, in the Conference Specialized Inter-American on Human Rights. In Brazil in 25,09,1992;
- Inter-American Convention To prevent and to punish the Torture: adopted in 09,12,1985 for the General meeting of the Organization of the American States. In Brazil in 20,07,1989;
- Inter-American Convention To prevent, To punish, and to eradicate the Violence against the Woman: adopted in 06,06,1994 for the General meeting of the Organization of the American States. In Brazil in 27,11,1995.
THE EMERGENT SOCIAL RIGHT
In the social evolutionary process of man we observe that in the antiquity Greek, people received from the philosophers the doctrine and moral, in a way that they came ready and were imposed by the thinkers. What one did not meet in the teachings was missed; it had a subjugation of the social fact to the philosophical norms.
Later social moral, ethics, and customs had been taxes for the religion, having all the social acts to pass for the bolter of the religious principles; it was the definitive social behavior for the religion or the divine norm conducting the social life.
With Descartes, that man started to have conscience of itself exactly starting to reason as universal being and as individual. Later customs, moral and the thought had passed to be understood as relative facts, varying as the society and for determined time, limiting it the social changes, as Montesquieu and Rousseau, and this last one gives to social man a personal dimension at the same time that introducing the idea of that the right of the men brings a specie of general will that is alicerced in the proper Right. The right of each man brings a parcel of the collective and social right that must be imposed to the right of only some.
After the cited humanists had grown in the whole world social sciences as Sociology, Psychology etc, beyond the Right, being based mainly on this new social certainty of men. Human being created a conscience of the social one, creating a social world with its rules based on the concrete social facts, being these rules at the same time abstract lines of direction and concretely perceived (Metaphysical). It is the social fact giving to cause the social rules.
Human beings sciences had been disentailed of the philosophy starting to have independent life. The philosophical anthropology gives place to the social anthropology that studies the system of the human behavior for the prism of the social facts. These are that they will say the rules, which come of inside of the society and of it are not imposing preset behaviors. Then, under this new social vision, modernly the Right starts to take connotations that are more social. It has a trend to observe the necessities of all the social classrooms, while groupings of people of the same cultural and economic conditions.
The social man
Forms thus a new vision of the man: the social man, having as base the right of each one, forming a solidary set. Idea this sacramented by Karl Marx who brought greater valuation of the social aspects. It is the " everything for the social one " that we see in many manifestations.
The instituted Right, or either the normative effective right starts to suffer pressure from the unloaded society from its elaboration that it intends to impose the necessity of elaboration of new laws with social ampler aspects, this all having to the great socioeconomic far from the existing classrooms with the impoverishment from million in relation to the enrichment from few, mainly for the administrative irresponsibility of many governing and administrators of the public thing in running of decades, without counting the harmful action of the corruption in our society.
The social right
In this mode starts to appear field for a " Social Right ", which has its basic bases in the social aspects of the Nation, having as lines of direction the protection accomplishes of the primordial rights of the human being as: life, the physical integrity, conscience, freedom etc.
There are also some doctrinaires that make a classificatory division of the Right, distinguishing the instituted right from the rebellious right, as M.Pressburger, cited for A.B.Betioli (Introduction to the Study of the Right, Ed.Letras & Letras, pg.321), being that one the positivated right and this having as base not recognized the normative social yearnings, visualizing a dichotomy in the Right with great evolution of this emergent Social Right adapting it to a new social order.
The norms of this new Right start to exist in function of the social necessities, showing each time plus this social concrete reality, not being more only imposed norms for some people in charge of its elaboration, many disentailed times of the yearnings and social necessities, as long ago. Following this trend, laws must reflect each time more the social necessities; the citizens of the social classroom must enclose the yearnings of all independently.
In Brazil we observe great advances in this area, therefore there is in our Federal Constitution many norms of social character as: art.1º, II, III and IV, that the citizenship, the dignity of the person human being and the social values of the work and the free initiative show as bedding of the democratic State the right; art.3º, I, III and IV, that they constitute as basic objective of the Republic the eradication of the poverty and the reduction of the social inequality, as well as the promotion of the common good and the prohibition of the discrimination; art.5º, that guarantees the individual rights; art.6º and 7º that talks about respect to the social rights, including the protection of health and the worker as well as of the abandoned ones, and finally the protection to the social organization of the Indians arts.231 and 232.
Therefore, our legislation gives us hope to be able to implement directed social actions each time more to the common good for the accomplishment of a concrete social justice, propitiating the empowerment of the emergent " Social Right ", that has as support a new age: the absolute social age of man.
This new age has direct relation with the environmental question; therefore, it is inserted in the human right as seen the right to the quality of life, being part of the social one also.
In each way, social and environmental are together and linked.
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