A/RES/41/132 GA

190 General Assembly-Forty-first Session plementation, protection and promotion of both civil and political and economic, social and cultural rights; 4. Reaffirms that it is of paramount importan ce for the promotion of human rights and fundamental freedoms that Member States should undertake specific obligations through accession to, or ratification of, international in- struments in this field and, consequently, that the stan- dard-setting work within the United Nations system in the field of human rights and universal acceptance and im- plementation of the relevant international instruments should be encouraged; 5. Reiterates once again that the international com- munity should accord, or continue to accord, priority to the search for solutions to mass and ftagrant violations of human rights of peoples and individuals affected by situa- tions such as those mentioned in paragraph 1 (e) of Gen- eral Assembly resolution 32/130, paying due attention also to other situations of violations of human rights; 6. Reaffirms its responsibility for achieving interna- tional co-operation in promoting and encouraging respect for human rights and fundamental freedoms for ali, and expresses its concern at serious violations ofhuman rights, in particular mass and ftagrant violations of these rights, wherever they occur; 7. Expresses concern at the present situation with re- gard to the achievement of the objectives and goals for es- tablishing the new international economic order and its adverse effects on the full realization of human rights, in particular the right to development; 8. Reaffirms that the right to development is an inali- enable human right; 9. Reaffirms a/so that international peace and security are essential elements in achieving the full realization of the right to development; 10. Recognizes that ali human rights and fundamental freedoms are indivisible and interdependent; 11. Considers it necessary that all Member States pro- mote international co-operation on the basis of respect for the independence, sovereignty and territorial integrity of each State, including the right of each people to choose freely its own socio-economic and political system and to exercise full sovereignty over its wealth and natural re- sources, subject to the principies referred to in article 1, paragraph 2, and article 25 of the International Covenant on Economic, Social and Cultural Rights, with a view to resolving international problems of an economic, social and humanitarian character; 12. Expresses concern at the disparity existing between the established norms and principies and the actual situa- tion of ali human rights and fundamental freedoms in the world; 13. Urges ali States to co-operate with the Commission on Human Rights in the promotion and protection of hu- man rights and fundamental freedoms; 14. Reiterates the need to create, at the national and international levels, conditions for the full promotion and protection of the human rights of individuals and peoples; 15. Reaffirms once again that, in order to facilitate the full enjoyment of ali rights and complete personal dignity, it is necessary to promote the rights to education, work, health and proper nourishment through the adoption of measures at the national leve!, including those that pro- vide for workers' participation in management, as well a!. the adoption of measures at the international leve!, includ- ing the e~tabli~hment of the new international economic order; 16. Again requests the Commission on Human Rights to take the necessary measures to promote the right to de- velopment, and welcomes the decision ofthe Commission, in its resolution 1986/16 of 10 March 1986,31 concerning the future work of the Working Group of Governmental Experts on the Right to Development; 17. Requests the Secretary-General to transmit to the General Assembly at its forty-second session a report con- taining information on the progress made by the Working Group in the accomplishment of its tasks; 18. Decides to include in the provisional agenda of its forty-second session the item entitled "Alternative appro- aches and ways and means within the United Nations sys- tem for improving the effective enjoyment ofhuman rights and fundamental freedoms". 97th plenary meeting 4 December 1986 41/132. Respect for the right of everyone to own prop- erty alone as well as in association with others and its contribution to the economic and social development of Member States The General Assembly, Guided by the desire to promote a higher standard of liv- ing, full employment and conditions for economic and so- cial development that foster the greatest possible use of human resources, Reaffirming the principies enshrined in the Universal Declaration of Human Rights, 2 Bearing in mind the right of States freely to choose and develop their political, social, economic and cultural sys- tems, as well as their right to determine their laws and regulations, Bearing in mind a/so that ali peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of interna- tional economic co-operation, based upon the principie of mutual benefit and upon international law, and that in no case maya people be deprived ofits own means ofsubsist- ence, Convinced that the full enjoyment by everyone of the right to own property alone as well as in association with others contributes to securing the goals of economic and social development enshrined in the Charter of the United Nations, Convinced further that the right of everyone to own property alone as well as in association with others, as set forth in article 17 of the Universal Declaration of Human Rights, and as reaffirmed in paragraph 11 of the Declara- tion on the Rights of Disabled Persons115 and article 16 of the Convention on the Elimination of Ali Forros of Dis- crimination against W ornen, 60 is of particular significance in fostering widespread enjoyment of other basic human rights, Reaffirming, in accordance with article 29 of the Uni- versal Declaration of Human Rights, that, in the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just re- quirements of morality, public order and the general wel- fare in a democratic society, 11 ' Resolution 344 7 (XXX). VI. Resolutions adopted on the reports of the Third Committee 191 Recalling the principies associated with the right of in- dividuals to own property described in the relevant arti- cles of regional human rights instruments of the Organiza- tion of American States, the Organization of African Unity and the Council of Europe, 1. Recognizes that there exist in Member States many forros of legal property ownership, including private, com- munal, and state forros, each of which should contribute to ensuring effective development and utilization of hu- man resources through the establishment of sound bases for political, economic and social justice; 2. Emphasizes the role of individual initiative as an in- valuable resource in promoting economic and social devel- opment; 3. Affirms, in accordance with article 30 ofthe Univer- sal Declaration ofHuman Rights, that nothing in the Dec- laration, including the right of everyone to own property alone as well as in association with others, may be inter- preted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth therein; 4. Invites the regional commissions to consider the re- lationship between the full enjoyment ofthe right of every- one to own property alone as well as in association with others, as set forth in article 17 of the Universal Declara- tion ofHuman Rights, and the economic and social devel- opment of Member States; 5. Requests the Secretary-General to prepare a report, taking into account the views of Member States, special- ized agencies and other competent bodies of the United Nations system, within existing resources, on: (a) The relationship between the full enjoyment by in- dividuals of human rights and fundamental freedoms, in particular the right of everyone to own property alone as well as in association with others, as set forth in article 17 of the Universal Declaration of Human Rights, and the economic and social development of Member States; (b) The role of the right of everyone to own property alone as well as in association with others, as set forth in article 17 of the Universal Declaration of Human Rights, in ensuring the full and free participation of individuals in the economic and social systems of States; 6. Invites Member States to communicate to the Secre- tary-General their views on the subject of his report; 7. J n vites the specialized agencies and other competent bodies of the United Nations system to communicate to the Secretary-General their views on the subject of his re- port; 8. Requests the Secretary-General to report his find- ings, through the Economic and Social Council, to the General Assembly at its forty-third session; 9. Also requests that a preliminary, oral report on this question be made to the General Assembly at its forty- second session; 10. Invites the Commission on Human Rights at its forty-third session to resume consideration of the right of everyone to own property alone as well as in association with others; 11. Decides to consider this question at its forty-second session under the item entitled "Alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms". 97th plenary meeting 4 December 1986 41/133. Right to development The General Assembly Declares that: The achievement of the right to development requires a concerted international and national effort to eliminate economic deprivation, hunger and disease in ali parts of the world without discrimination in accordance with the Declaration and the Programme of Action on the Estab- lishment of a New International Economic Order,66 the lnternational Development Strategy for the Third United Nations Development Decade116 and the Charter ofEco- nomic Rights and Duties of States;65 To this end, international co-operation should aim at the maintenance of stable and sustained economic growth with simultaneous action to increase concessional assis- tance to developing countries, build world food security, resolve the debt burden, eliminate trade barriers, promote monetary stability and enhance scientific and technologi- cal co-operation. 97th plenary meeting 4 December 1986 41/134. Status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment The General Assembly, Reca/ling article 5 of the Universal Declaration of Hu- man Rights2 and article 7 of the International Covenant on Civil and Political Rights,22 both of which provide that no one shall be subjected to torture orto cruel, inhuman or degrading treatment or punishment, Recalling also the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly in its resolution 3452 (XXX) of 9 December 1975, Recalling further its resolution 39/46 of 10 December 1984, by which it adopted and opened for signature, ratifi- cation and accession the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Pun- ishment and called upon ali Governments to consider signing and ratifying the Convention as a matter of pri- ority, as well as its resolution 40/128 of 13 December 1985, Mindful of the relevance, for the eradication of torture and other cruel, inhuman or degrading treatment or pun- ishment, of the Code of Conduct for Law Enforcement Of- ficials 117 and of the Principies of Medica! Ethics, 118 Convinced of the desirability of early finalization and subsequent adoption ofthe draft Body of Principies for the Protection of Ali Persons under Any Form of Detention or lmprisonment, 11 9 Seriously concerned about the alarming number of re- ported cases of torture and other cruel, inhuman or de- grading treatment or punishment taking place in various parts of the world, Determined to promote the full implementation of the prohibition, under international and national law, of the 116 Rc,olu1ion JS/56, annex. 117 Re,olulion 34/169, annex. IIB Resolution 37/194, annex. 119 A/.14/146, annex.

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