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A/RES/42/115 GA

The impact of property on the enjoyment of human rights and fundamental freedoms : resolution / adopted by the General Assembly

42
Session
124
Yes
24
No
2
Abstentions
Draft symbol A/RES/42/115
Adopted symbol A/RES/42/115
Category SOCIAL CONDITIONS AND EQUITY
Voeten Topics
P5 Positions
Russia United States United Kingdom China France
UN Document A/RES/42/115 ↗

Vote Recorded VoteA/42/PV.93 Dec. 7, 1987

— Abstain (2)
✗ No (24)
Absent (9)
✓ Yes (124)
Full text of resolution OCR extract — may contain errors
VI. Resolutions adopted on the reports of the Third Committee 213 mand for drugs and psychotropic substances with the aim of creating in society a deep respect for its own health, fit- ness and well-being and to provide appropriate informa- tion and advice for all sectors of their communities with regard to drug abuse, its harmful effects and the way in which appropriate community action can be promoted; 13. Requests the Secretary-General to take steps to provide, within existing resources, appropriate support for strengthening the Division of Narcotic Drugs and the In- ternational Narcotics Control Board, including through redeployment; 14. Requests the Secretary-General to report to the General Assembly at its forty-third session on the im- plementation of the present resolution and decides to in- clude in the provisional agenda of that session the item en- titled "International campaign against traffic in drugs". 93rd plenary meeting 7 December 1987 42/114. 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, Recalling its resolution 41/132 of 4 December 1986, in which it expressed the conviction that the full enjoyment by everyone of the right to own property alone as well as in association with others, as set forth in article 17 of the Universal Declaration of Human Rights,2 is of particular significance in fostering widespread enjoyment of other basic human rights and contributes to securing the goals of economic and social development enshrined in the Charter of the United Nations, Recalling further Commission on Human Rights resolu- tion 1987/17 of 10 March 1987,26 in which the Commis- sion urged States, in accordance with their respective con- stitutional systems and in accordance with the Universal Declaration of Human Rights, to provide, where they have not done so, adequate constitutional and legal provi- sions to protect the right of everyone to own property alone as well as in association with others and the right not to be arbitrarily deprived of one's property, 1. Recalls that, in its resolution 41/132, it requested the Secretary-General to prepare a report to be submitted to the Assembly at its forty-third session that would take into account the views of Member States, specialized agen- cies 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; 2. Takes note of the preliminary, oral report on this question made by the Under-Secretary-General for Hu- man Rights; 128 128 See Official Records of the General Assembly. Forty-second Session, Third Committee, 36th meeting, and corrigendum. 3. Appeals to Member States, on the basis of their na- tional experience, and to specialized agencies and other competent bodies of the United Nations system to respond as constructively and as factually as possible to the invita- tion in its resolution 41/132 to communicate to the Secre- tary-General their views on the subject of his report; 4. Renews its request to the Secretary-General to re- port his findings to the General Assembly at its forty-third session; 5. Decides to consider this question at its forty-third 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". 93rd plenary meeting 7 December 1987 42/115. The impact of property on the enjoyment of human rights and fundamental freedoms The General Assembly, Recalling the Universal Declaration of Human Rights,2 the Declaration on Social Progress and Development{ 14 and the Declaration on the Right to Development, 29 which assign property a role in the exercise of human rights and fundamental freedoms, Recalling further Commission on Human Rights resolu- tion 1987/18 of 10 March 1987,26 Mindful of the obligations of States under the Charter of the United Nations to promote higher standards of living, full employment, and conditions of economic and social progress and development, as well as solutions of interna- tional economic, social, health and related problems, Recognizing the need to promote universal respect for, and observance of, human rights and fundamental free- doms for all without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recognizing also that all peoples have the right to self- determination, by virtue of which they may freely deter- mine their political status and may freely pursue their eco- nomic, social and cultural development, Noting with concern that the concentration of economic power in the hands of transnational corporations may im- pede the comprehensive and meaningful realization of the right to self-determination of peoples, Recalling its resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974, containing the Declaration and the Pro- gramme of Action on the Establishment of a New Interna- tional Economic Order, 3281 (XXIX) of 12 December 1974, containing the Charter of Economic Rights and Du- ties of States, 3362 (S-VII) of 16 September 1975 on devel- opment and international economic co-operation and 35/56 of 5 December 1980, the annex to which contains the International Development Strategy for the Third United Nations Development Decade, Recognizing further that the right of peoples to self- determination includes the exercise of their inalienable right to full sovereignty over all their natural wealth and resources, Convinced that social justice is a prerequisite for lasting peace and that people can achieve complete fulfilment of their aspirations only within a just social order, 129 Resolution 41/128, annex. 214 General Assembly-Forty-second Session Convinced also that social development can be promoted by peaceful coexistence, friendly relations and co- operation among States with different social, economic or political systems, Reaffirming, in accordance with article 28 of the Uni- versal Declaration of Human Rights, that everyone is enti- tled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully real- ized, Bearing in mind that in no case may human rights and fundamental freedoms be exercised contrary to the pur- poses and principles of the Charter of the United Nations or to the rights and freedoms of others, Recalling its resolution 34/137 of 14 December 1979, on the role of the public sector in promoting the economic de- velopment of developing countries, in which it empha- sized the importance of an efficient public sector in the de- velopment process, Reaffirming, in accordance with article 6 of the Declara- tion on Social Progress and Development, 14 that social progress and development require the establishment, in conformity with human rights and fundamental freedoms and with the principles of justice and the social function of property, of forms of ownership of land and of the means of production which preclude any kind of exploitation of man, ensure equal rights to property for all and create conditions leading to genuine equality among people, 1. Reaffirms the obligation of States to take effective steps with a view to achieving the full realization of civil, political, economic, social and cultural rights; 2. Recognizes that there exist in Member States many forms oflegal property ownership, including private, com- munal and State forms, each of which should contribute to ensuring the effective development and utilization of hu- man resources through the establishment of sound bases for political, economic and social justice; 3. Calls upon States to ensure that their national legis- lation with regard to all forms of property shall preclude any impairment of the enjoyment of human rights and fundamental freedoms, without prejudice to their right freely to choose and develop their political, social, eco- nomic and cultural systems; 4. Vigorously condemns the transnational corporations that maintain or are increasing their collaboration with the racist regime of South Africa, thus encouraging that regime to persist in its inhuman and criminal policy of brutal oppression of the peoples of southern Africa and denial of their human rights and becoming accomplices in the inhuman practices of racial discrimination, colonial- ism and apartheid; 5. Requests the Secretary-General, in preparing his re- port to the General Assembly at its forty-third session, in accordance with resolution 41/132 of 4 December 1986, to take into account Commission on Human Rights reso- lution 1987 / 18, as well as the present resolution. 93rd plenary meeting 7 December 1987 42/116. National institutions for the protection and pro- motion of human rights The General Assembly, Recalling the resolutions concerning national institu- tions for the protection and promotion of human rights, in particular its resolution 41/ 129 of 4 December 1986 and Commission on Human Rights resolution 1987/40 of 10 March 1987,26 Emphasizing the importance of the Universal Declara- tion of Human Rights,2 the International Covenants on Human Rights13 and other international instruments for promoting respect for and observance of human rights and fundamental freedoms, Affirming that priority should be accorded to the devel- opment of appropriate arrangements at the national level to ensure the effective implementation of international hu- man rights standards, Conscious of the significant role that national institu- tions can play in protecting and promoting human rights and fundamental freedoms and in developing and enhanc- ing public awareness of those rights and freedoms, Recognizing that the United Nations can play a catalytic role in assisting the development of national institutions by acting as a clearing-house for the exchange of informa- tion and experience, Mindful in this regard of the guidelines on the structure and functioning of national and local institutions for the protection and promotion of human rights, endorsed by the General Assembly in its resolution 33/46 of 14 December 1978, Welcoming the holding at Geneva, under the auspices of the United Nations, of the Seminar on the Experience of Different Countries in the Implementation of Interna- tional Standards of Human Rights, from 20 June to 1 July 1983, and the Seminar on Community Relations Commis- sions and Their Functions, from 9 to 20 September 1985, and current United Nations initiatives to combat racial discrimination, 1. Takes note of the report of the Secretary-General; 130 2. Reaffirms the importance of developing, in accor- dance with national legislation, effective national institu- tions for the protection and promotion of human rights and of maintaining their independence and integrity; 3. Encourages Member States to establish or, where they already exist, to strengthen national institutions for the protection and promotion of human rights and to in- corporate these elements in national development plans; 4. Encourages all Member States to take appropriate steps to promote the exchange of information and experi- ence concerning the establishment and operation of such national institutions; 5. Welcomes the consolidated report of the Secretary- General on national institutions131 and requests him to bring the report up to date, bearing in mind the practical needs of those engaged in the development of national in- stitutions; 6. Invites the Secretary-General to include in his up- dated report all the information provided by Governments and any additional information Governments may wish to provide, with particular emphasis on the functioning of various models of national institutions in implementing international standards on human rights, as well as a list of existing national institutions with contact points and a bibliography of relevant materials; 1. Requests the Secretary-General to transmit the up- dated report, through the Commission on Human Rights and the Economic and Social Council, to the General As- sembly at its forty-fourth session, for wide distribution as a United Nations handbook on national institutions; l30 A/42/395. 131 E/CN.4/1987/37.
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UN Project. “A/RES/42/115.” UN Project, https://un-project.org/votes/resolution/A-RES-42-115/. Accessed .