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The right to development can be rooted in the provisions of the Charter of the
United Nations, the Universal Declaration on Human Rights and the two
International Human Rights Covenants.
Through the United Nations Charter, Member States undertook to "promote social
progress and better standards of life in larger freedom" and "to achieve
international cooperation in solving international problems of an economic, social,
cultural or humanitarian character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without distinction as to race,
sex, language or religion."
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This theme was taken up at the International Conference on Human Rights, held in
Tehran, Islamic Republic of Iran, from 22 April to 13 May 1968. The Conference
expressed its belief "that the enjoyment of economic and social rights is inherently
linked with any meaningful and profound interconnection between the realization
of human rights and economic development." It recognized "the collective
responsibility of the international community to ensure the attainment of the
minimum standard of living necessary for the enjoyment of human rights and
fundamental freedoms by all persons throughout the world."
In 1969, the General Assembly, in its resolution 2542 (XXIV), adopted the
Declaration on Social Progress and Development, which states that "social
progress and development shall aim at the continuous raising of the material and
spiritual standards of living of all members of society, with respect for and in
compliance with human rights and fundamental freedoms."
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The Commission subsequently, by its resolution 36 (XXXVII) of 11 March 1981,
established a working group of 15 governmental experts to study the scope and
contents of the right to development and the most effective means to ensure the
realization, in all countries, of the economic, social and cultural rights enshrined in
various international instruments, paying particular attention to the obstacles
encountered by developing countries in their efforts to secure the enjoyment of
human rights. It also requested the Working Group to submit a report with concrete
proposals for implementation of the right to development and for a draft
international instrument on this subject.
The right to development was proclaimed by the United Nations in 1986 in the
"Declaration on the Right to Development" which was adopted by the United
Nations General Assembly resolution 41/128.
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Right to Development as a Human Right
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interdependent, is presented as a fusion of all human rights and fundamental
freedoms. I t i s these rights and freedoms that protect our dignity as
human beings, and the enjoyment of all human rights is facilitated through
the right to development. There is universal consensus that development is
important to humanity as it would enable every person in the world to enjoy their
rights and freedoms– c i v i l a n d p o l i t i ca l , e c o n o mi c , s oc i a l a n d cultural
as well as other specified rights and to pursue what they value.
This idea is not only “appealing”, but is the primary objective and the means
of d e v e l o p m e n t . When the fundamental freedoms are
ensured, people are empowered, through their human rights, to
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little opportunity of exercising their reasoned agency. The removal of substantive u n
f r e e d o m s … i s c o n s t i t u t i v e o f development.”
Interpreted in this way, the developed community could act not to deny the rights
of those who are unable to realise their rights due to lack of development. The
UDHR reminds that “Everyone owes duties to the community” and this
community is not only the neighbouring countries, but is also the global community. For
Rawls, a decent society or community is one that honours the basic human rights that
respect the humanity of its members, and these rights includes among others, a minimum
right to the means of subsistence. A decent people does not let its members die of
starvation. The rights to education or health would be less useful as rights that
respect human dignity when there are no ways of realising them through the
availability of schools or hospitals. And the rights to freedom of assembly, speech, and
political participation matter little when daily life is a struggle for survival.
The realization of these rights and a life in dignity then require an adequate standard of
living. “A fully human life cannot be achieved…if the availability of social goods
is so reduced that life itself becomes nothing more than a struggle to survive.” And
development, as “a comprehensive economic, social, cultural and political process …aims at
the constant improvement of the well-being of the entire population and of all
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individuals…” This improvement would entail a standard of living adequate for the
health and well-being and development would mean improvement in this well-being,
which can be described as the level of realization of the fundamental rights.
The right to development could then be seen to derive from the inherent dignity of the
human person because it helps to attain both freedom and wellbeing, which is what,
gives the humans their equal worth. As content of the right to development is founded on
the Bill of Human Rights, the legal basis for the right to development can therefore be
derived from the UDHR, the Covenants on Civil and Political Rights and Economic, Social
and Cultural Rights.
However, not everyone is satisfied with that there is any moral or legal basis for the right
to development. Much in the same manner that human rights have been denied as some
to exist and that belief in them equals belief in witches and unicorns, the right to
development has also been said to be nothing more than a mythical unicorn. Criticism is
levelled at the right to development as it being meaningless, dangerous, and
catastrophic and a total failure, in that states will be unable to fully realize all of its
components. But it is worth noting that something cannot be both equally meaningless
and dangerous because that which is meaningless is unlikely to be dangerous.
As mentioned earlier, the right to development is one of the third generation rights and
Donnelly sees that the use of the term ‘generation’ is dangerous because it would mean
that the solidarity rights would replace the already established preceding generation of
rights. But this interpretation is erroneous as generations of rights do not make each
other obsolete but add upon each other and the right to development derives its basis from the
interconnected of all the rights and development is needed to realize of these rights. It is
this striking feature of the right to development in asserting the unity of all human
rights that its rejection equates to the rejection of even some of the other basic rights.
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Another contention that Donnelly finds to be dangerous is the claim to be developed, as
distinct from a right to pursue development. But the right to development does not assert that
the human individual should be fully developed or that it is the end the right is seeking to
achieve. It asserts that we have a right to pursue development, to the base on which one can
construct a meaningful life through freedom and well-being. As noted above, it forms the
means as well as the ends. Furthermore, the realisation of rights does not have to be in
full or may end up not being fulfilled, even in the case of civil and political rights where it
would seem that resources play little role. But no state can afford a police force
adequate enough to secure the right to life of every citizen.
However, the aspect of Donnelly’s argument that continues as one of the challenges to
the right to development is the difficulty in determining who is to exercise the
right. As with all third generation rights, it is uncertain of its holder and the duty-
bearer.
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What is the Right to Development?
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United Nations Mechanisms dealing with the Right to Development
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What is the added value of the Right to Development?
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fosters friendly relations between states, international solidarity, cooperation
and assistance in areas of concern to developing countries, including
technology transfer, access to essential medicines, debt sustainability,
development aid, international trade and policy space in decision-making.
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How can the right to development be operationalized in practical
terms?
assess the extent to which States are individually and collectively taking
steps to establish, promote and sustain national and international
arrangements that create an enabling environment for the realization of the
right to development;
serve as a useful tool for stakeholders to assess the current state of the
implementation of the right to development and facilitate its further
realization at the international and national levels;
contribute to mainstreaming the right to development in the policies and
operational activities of relevant actors at the national, regional and
international levels, including multilateral financial, trade and development
institutions; and
evaluate the human rights implications of development and trade policies
and programmes.
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The Declaration on the Right to Development
The Declaration on the Right to Development defines such right as "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." (Article 1)
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Centre/State Acts and Rules on Right to Development
This act was introduced with the aim of improving the purchasing power of semi-
or un-skilled rural people of India, irrespective of whether or not they fell below
the poverty line. Around one-third of the stipulated work force is women. The law
was initially called the National Rural Employment Guarantee Act (NREGA) and
was renamed with the prefix "Mahatma Gandhi" on 2 October 2009, Gandhi's birth
anniversary.
In 2011, the program was widely criticized as no more effective than other poverty
reduction programs in India. Despite its best intentions, MGNREGA is beset with
controversy about corrupt officials, deficit financing as the source of funds, poor
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quality of infrastructure built under this program, and unintended counter-
productive destructive effects on the rural economy and inflation.
Present Act has its history in the drafting of the Indian constitution at the time of
Independence but is more specifically to the Constitutional Amendment that
included the Article 21A in the Indian constitution making Education a
fundamental Right. This amendment, however, specified the need for a legislation
to describe the mode of implementation of the same which necessitated the
drafting of a separate Education Bill.
The Indian National Food Security Bill, 2013 (also Right to Food Bill), was signed
into law September 12, 2013. This law aims to provide subsidized food grains to
approximately two thirds of India's 1.2 billion people. Under the provisions of the
bill, beneficiaries are to be able to purchase 5 kilograms per eligible person per
month of cereals at the following prices:
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rice at 3 per kg
Pregnant women, lactating mothers, and certain categories of children are eligible
for daily free meals.
This Bill is referred as the "biggest ever experiment in the world for distributing
highly subsidized food by any government through a ‘rights based’ approach." The
Bill extends coverage of the Targeted Public Distribution System, India's principal
domestic food aid program, to two thirds of the population, or approximately 820
million people.
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Bibliography
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