Contemporary Human Rights Ideas: Rethinking theory and practice (Global Institutions) by Bertrand G. Ramcharan

Author:Bertrand G. Ramcharan [Ramcharan, Bertrand G.]
Language: eng
Format: azw3
Publisher: Taylor and Francis
Published: 2015-06-16T04:00:00+00:00

The Declaration on the Right to Development

Article 9 of the Declaration on the Right to Development, which was adopted by the GA in 1986, states that all aspects of the right to development are indivisible and interdependent and each of them should be considered in the context of the whole.10 Is an “aspect” the same as an “element of the definition” of a right? The declaration may help answer this question. The nearest that the declaration comes to defining the right to development is Article 1(1), which states that “the right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.” One could also possibly include Article 8 in this definition, which provided that:

1 States should undertake, at the national level, all necessary measures for the realization of the right to development and shall ensure, inter alia, equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income. Effective measures should be undertaken to ensure that women have an active role in the development process. Appropriate economic and social reforms should be made with a view to eradicating all social injustices.

2 States should encourage popular participation in all spheres as an important factor in development and in the full realization of all human rights.

The remaining articles make a number of statements that serve different purposes. There are collateral statements such as Article 6, which states that all human rights and fundamental freedoms are indivisible and interdependent. It identifies the subjects and beneficiaries of the right to development in Article 1(1), which refers to the right to development as one to which “every person and all peoples are entitled.” Article 2(1) specifies that the human person is the central subject of development and should be the active participant and beneficiary of the right to development. Paragraph 3 of the same article adds that states have the right and duty to formulate appropriate national development policies. The possible subjects and beneficiaries are, therefore, the individual, the state, and all peoples.

The declaration also explains what the right to development implies. Article 1(2) states that the right to development implies the full realization of the right to self-determination (as will be seen below, development is cast as a derivative of the right to self-determination). It also indicates what the right to development requires, such as Article 3(2), which states that the right to development requires full respect for the principles of international law concerning friendly relations and cooperation among states. Article 4(2) adds that sustained action is required to promote more rapid development. Effective international cooperation is also essential.

The declaration also indicates responsibilities. Article 2(2) states that all human beings have a responsibility for development. Article 3(1) adds that states have the primary responsibility to create national and international conditions favorable to realize the right to development.

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