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" "All international investment agreements under negotiation should include a clear provision stipulating that in case of conflict between the human rights obligations of a State and those under other treaties, human rights conventions prevail
Alfred Maurice de Zayas (born May 31, 1947, Havana, Cuba) is an American lawyer, writer, historian, an expert in the field of human rights and international law, a peace activist, President of PEN International Centre Suisse romand (2006-09 and 2013-17), United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order (also known as Special Rapporteur 2012-2018), appointed by the United Nations Human Rights Council. Professor of International Law.
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Universal human rights constitute a holistic system of interdependent entitlements and freedoms. Yet, "universal" does not mean homologated or insensitive to cultural specificities. The ubiquitous slogan that “all rights are equal” is but a platitude that manifests an absence of a sense for proportions and discernment. Indeed, human dignity, the source of all human rights, necessarily dictates priorities -- a hierarchy based on common sense and mutual respect: First and foremost, the right to live in dignity, a commitment to promote and protect the sanctity of life, which encompasses physical integrity, the right to food, water, housing, healthcare, freedom from war, a human right to peace. Secondly, the right to freely develop one’s personality i.e. the right to be who we are, the right to our identity, the right to set the priorities of our lives – that essential right of self-determination, free from artificial constraints imposed by government or society -- and as a corollary the duty to respect the rights of others. Codification of human rights has not been concluded, since continuing standard-setting remains necessary to better protect the practical expression and exercise of our human dignity. All human rights can be subsumed under the two categories above, with the caveat that the letter of the law must not be politicized to subvert the spirit of the law -- the primacy of the dignitas humana.
Disclosures about the magnitude of covert State surveillance and well-known examples of intimidation of human rights defenders shock the conscience and require public discussion and corrective action in each country and by the international community. In a democratic society, it is crucial for citizens to know whether their Governments are acting constitutionally or are engaged in policies that violate international law and human rights. It is their civic duty to protest against Government secrecy and cover-ups, the chilling effect of disproportionate surveillance, acts of intimidation and harassment, arbitrary arrests and defamation of human rights defenders, including whistleblowers, as unpatriotic or even traitors, when in fact they may be the most effective defenders of the rule of law. These acts of surveillance and intimidation are hallmarks of totalitarianism, not of democratic governance.