The Similarity of Some Fundamental Rights with the Principle of the Right to Self-Determination

Abstract

The right to self-determination, as a fundamental and inalienable right, allows individuals and nations to have a decisive influence on their political, social, and economic destiny, among others. In fact, the right to self-determination, as the foundation of other fundamental human rights, plays a significant role in their realization for the people, nation, or group as the primary holders of this right. In human societies, it can be assumed that if this fundamental right is not observed in a society, that society will not be committed to other fundamental rights or human principles either. The right to self-determination has a close relationship with the genuine will of the people, which must be freely expressed, and they must be able to exercise this right without any pressure. This principle also holds an important position in international law, as mentioned in Article 1(2) of the United Nations Charter, where it is referred to as a fundamental basis for peaceful relations between states and nations. Furthermore, this right is outlined in Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights as a general right that can encompass various aspects of political, social, economic, cultural, and other dimensions of a nation's life. The conceptual scope of this right, due to the growing attention to certain fundamental legal principles, has led to interactions with these principles and has expanded the meaning of jus cogens in contemporary international law. As a result, violations of many fundamental legal principles invoke the international responsibility of states concerning the right to self-determination.