1.

0 INTRODUCTION
Development this refers to the process of improvement from the low standard of living to better
standard way of living. This improvement can be in social economic cultural as well as political
affairs. Human rights are those basic rights every individual in a society is obliged to have
without the edge of his or her status such like race, gender, education level as well as political
positions and powers. Through the ages Human rights have been violated within the society
without any appropriate measures to be taken to alleviate the violation. As Time passes by
different scholars came up with various human rights approaches to defend the human rights in
the society in all aspects of life. Human rights instruments such as the Universal Declaration of
Human Rights (UDHR) of 1948, the African Charter on Human and Peoples' Rights, the
Declaration on the Right to Development (1986), the Vienna Declaration and Programme of
Action (1993), and global frameworks like the Millennium Development Goals (MDGs) have
played pivotal roles in shaping development agendas. They serve not only as legal and moral
guidelines but also as mechanisms to ensure that development efforts are inclusive, equitable,
and sustainable. So, by using the human rights approaches, development has been discussed well
in the following aspects;
1.1The Concept of Human Rights.
The Human rights are universal, inalienable, indivisible, interdependent, and interrelated
Fundamental entitlements inherent to all human beings, regardless of race, gender,
Nationality, ethnicity, language, religion or any other status1. These human rights are
Incorporated into various legal instruments, such as international legal instruments
Such as The Universal Declaration of Human Rights (UDHR), 1948 also regional legal
Instruments such as the African Charter on Human and Peoples Rights and domestic
Legal instruments such as the Constitution of the United Republic of Tanzania of 1977
As amended from time to time and other written laws enacted by the parliaments 2. The
Human rights can influence or undermine the development in various ways it depends
On how the human rights are enforced and protected so as to encourage the
Developmental progress in both areas such as economic development, social
Development, technological development, sustainable development and human
development3.
1.2The Nexus between the Human Rights and Development
The development is among of the human rights that encompasses everyone both
individually and collectively as every person is entitled to participate in, contribute to and
enjoy both social, cultural, political and economic development, through which all
human rights and fundamental freedoms can be fully realized for the attainment of
development. Human rights and development are linked as it serves as both a
foundational principle and crucial outcome of the development process and
development efforts should be guided by the Human rights so as to ensure they uphold
the inherent dignity and equality for all individuals4. Therefore, the development
contributes to the realization of those rights

1
[Link]
2
[Link]
3
Universal Declaration of Human Rights". Amnesty International. Retrieved 20 August 2020.
2.0 MAIN BODY
2.1Universal Declaration of Human Rights (UDHR) 1948 and African Charter on Human
and Peoples’ Rights (1981)
2.1.1United Nations Universal Declaration of Human Rights 1948
The human right is the offspring that flows through the court system and of loyal prime work
that every drop shall be collected in the interlocking catchment point. It provides the skeleton on
the protection of human right and rings the bell on the starting the competition of locking the
carriage cage of the blood shading and leaving the footprint on the darkness period that the world
pass without the respecting of human rights. Throughout the UDHR provides the directions on
the human rights. It tries to boost the development to the people and the state by tossing the coin
to look another side of an individual rights.
2.1.2 Social rights.
This law is not a dog of two trails, but it’s skeleton which air out the shape of the real and
meticulously of human right protection by turning the umbrella of social discrimination upside
down and create a good atmosphere in dark zone and bright the zone 4
2.1.3 Education
Education is machine which operate the world and drive the direction if development. The law
provides the rights to the education for the everyone5 which was not right of every person way
back the women who discriminated in the issue of education which was believed that educating
women is wasting of time and money.
Also the law provides for the direction under the obligation on how reduction shall be the law
demands the education shall be full on development of human personality and to strengthening
of human respect of human right and fundamental freedom.6 For example education provided of
creating of equality between everyone and gives the power to prior to choose kind of education
of their children.7 In many countries, it is very much clear that the girl child is discriminated
against from the earliest stages of life, through her childhood and into adulthood. It is more
common in countries where men outnumber women and particularly in Third World Countries.
In girl-education-2most Developing and Underdeveloped countries, girls are required to fulfill a
vital role within the home and are often unable to attend school as well as complete their
domestic tasks.8 They are often considered ‘temporary property’ as girls move to a husband’s
home after marriage; it is not thought to be economically sound to invest in their future. It is
considered more economically viable to spend money educating a son who will remain at home,
than to expend hard earned funds on a child who will leave. Education for girls and women is an

4
Vago s.(1994), law and society,a simon and Schuster company, Newjerssey
5
Article 26 (1) United Nations Universal Declaration of Human Rights 1948.
6
Article 26(2) United Nations Universal Declaration of Human Rights 1948
7
Article 26(3) United Nations Universal Declaration of Human Rights 1948
8
Wodon, Q. et al, (2018), [Link]
educating-girls/, (accessed 4th may 2025)
urgent priority as they are can play an essential part in the development of the economy and also
because they harbor the future of the world in their wombs.9
Therefore, the following is contribution of the education

2.1.3 Culture life development.

The culture of the place creates part of the certain community and also history of the community
and the law gives out the room for everyone to participate in the culture life, arts to share in
scientific advancement and its benefit.10 Also it provides for the protection of right to the moral
and material interest resulting from the any scientific, literary, or artistic production of which he
is the author,11 give more weight to the economic interests of investors than under traditional
copyright regimes, in spite of the arguably lesser moral interests of database compilers as
compared to traditional creators and inventors. In order to adjust the balance, fewer protections
should be given to compilers to ensure that scientific research continues to thrive. Fair use
protections for scientists, researchers and educators, or providing databases to these groups at the
cost of dissemination, as well as finite periods of protection could contribute to fixing the
problem,12 The Right of Everyone to Enjoy the Benefits of Scientific Progress and its
Applications.13
2.1.4 Health
Health services is one important servicer that every human has to enjoy it without discrimination.
The law gives every person the right to enjoy the medical care.14 Which in Tanzania the same
demand of the law is dead poem and which reflecting on the broken blocked mirror of the
constitution of united republic of Tanzania, that right of health services freely 15, but under the
same road law fails to carry the load and dropped it, due to the non-enforcement chapter 2 of the
constitution.16Also the position of the health care rights digested in the case of Soobramoney Vs.
The minister of Heath Kwazulu Natal,17 the case proved the status of the medical care right in
South Africa18 which among other thing held that it is constitutional provided in very limited
circumstance subject to the progressive realization principle.
Case study at Somalia

9
First Initiative(2017), [Link]
wasted/, (accessed 4th may,2025)
10
Article 27 (1) United Nations Universal Declaration of Human Rights 1948
11
Article 27(2) United Nations Universal Declaration of Human Rights 1948
12
Audrey r. chapman, Human rights perspective on intellectual property, scientific progress, and access to the
benefits of science, Washington, D.C, United states of America Page 38
13
Law explorer, (2015), [Link] (accessed 5th may 2025)
14
Article 25(1) United Nations Universal Declaration of Human Rights 1948
15
Article 9(1) of the Constitution of United Republic of Tanzania of 1977.
16
Article 7(2) of the Constitution of United Republic of Tanzania of 1977.
17
Soobramoney Vs. The minister of Heath Kwazulu Natal (1997)
18
Section 27 (1) of the South Africa constitution.
2.1.4. Property ownership
This is another development which is promoted by the United Nations declaration of human
rights, which at the date back the ownership of the properties was not basing on the equality. For
example in Tanzania women were not allowed to own property this evidenced to the one article
which give the findings on Disowned: women’s struggle to own and inherit land in Tanzania 19
through it open the door to the women property ownership. The door of this primitive
discrimination closed by the applicability of demand of right of properties ownership by the
law.20 And prohibit arbitrarily deprived of person properties.21
The case study of Namibia
The local authority need the land for development first it has to relocate land and compensate the
homestead for those how their land has been taken by the government for its use,22 Which is
clear reflect to the human right.
2.1.5. Freedom of worship.
The human right approach under the United Nations universal declaration of human rights,
rebuild the broken bridge union which divided people across the world.23 Religion cause war,
and classes among the community members of some country. But law demand for the respect of
individual religion and no act negative because of it religious.24 Also in the case of Zakaria
kamwela and Others versus Minister of education and vocational Training and Another,25 which
held that the could not have the lawful used the education authorities to compel the appellants to
sing the nation anthem against their sincerely and conscientiously held religious beliefs,
guarantee under article 19(1) read together with article 29(1) of the constitution. Also evidenced
to the …. Say nchi yetu haina dini watu wetu wanadini, wenginewanazo na wengine hawana"26
In the same hand president Mwinyi come with the same position at the time his in power say
“Taifa letu haina dini yake rasim katika misingi hiyo hiyo hatuna dini inayo jurikana kwamba ni
dini ya Taifa ya Rais … wanainch wa Tanzania wenyewe na kwahiari yao mwenyewe, ndio
wenye dini yao. Misingi iyo ndiyo iyo tuwezesha kujiepusha na ubaguzi wa kidini katika nchi
yetu na hivyo kuimarisha umoja wetu. Misingi hiyo imeimarisha uhuru wa kila Mtanzania
kufuata dini aipendayo yeye mwenyewe”.27
2.1.0. Political developments

19
International center for research on women, (21st march,2014),[Link]
struggle-to-own-and-inherit-land-in-tanzania/, (accessed 9th june 2025)
20
Article 17 (1) United Nations Universal Declaration of Human Rights 1948
21
Article 17(2) United Nations Universal Declaration of Human Rights 1948
22
Lynton keith c.,A case study of Namibia (2005), Duke university press.
23
Freeman M.D(1948), Introduction to jurisprudence, Thomas reuters (legal limited England) p.g 152
24
Article 2 United Nations Universal Declaration of Human Rights 1948
25
Zakaria Kamwela and Others vs Minister of education and vocational training and another (Mic, civil case No 14
of 2009) [2010] TZHC 714 (2 December 2010)
26
Nyerere J.K nyufu, Darasani mwalimu nyerere foundation 1995. Pp 27-28
27
Mwinyi uhuru wa kuabudu, peramiho printing press,1987, pp 10-12
The law structure the new structure by creating the new skeleton of an engine which help on the
development of community throughout the operations of law. It required that every individual to
take part in government of his own country direct or through chosen of the representative.28 This
steps is the light that bringing the world from the darkness of the discrimination where the
women were not allowed to participate in government’s affairs,29 but now even those outsiders
from the authorities family they have chance to involve in ruling systems which at past the were
not allowed since it was the game played by inherence.30
Also the world through respecting the human right shipping the world from the isolating women
in participating in nation activities and on the issue of making decision, since the can vote for the
presidents, members of parliaments and other leaders according to the requirement of law.31 Also
the some position reflect on the book of Robert martin32
2.1.8 Freedom of associations and peaceful assembly.
The law uplift the cartel of the inheritance problem of the citizen not allowed to involve in
peaceful assembly and association.33 For instance on the issue of the right of association this
evidence in case of Hertbert Bautwabato.34 In the plaintiff is the members of the Buyanja my
roots WhatSapp group who was removed by the admin , when the matter went before the court
of law the magistrate rule that the right of applicant is infringing and order that the applicant to
back in group of Buyanja my roots.
Also the law prohibit compelled to belong to an association,35 but the position is still merely
toothless dog in Tanzania because no person can stand as the private candidates for the election
even the court to rule on this some circumstance this evidence in the case of Honorable Attorney
General versus R.V Christopher Mtikila36 the court held that the rights of the person to stand for
election should not be limited by required the candidates to be members of the parties or of
specific parties.

2.1.0 Economic developments.

Human right play big role on the development of state and an individual economic through
protection and by giving right to the state and individual to the state and among individual and
stop all egg game playing by the government to his peoples.

28
Article 21 (1) United Nations Universal Declaration of Human Rights 1948
29
Encyclopedia of world problems and human potential,(2024),
[Link] 8th june 2025)
30
Cambridge core,(2012),[Link]
13DDDB7C917947E61499229D3B15DAB7, (accessed 3rd june, 2025)
31
Article 15 United Nations Universal Declaration of Human Rights 1948
32
Personal freedom and the law in Tanzania, exford university press Nairobi page 33.
33
Article 20(1) United Nations Universal Declaration of Human Rights 1948
34
Herbert bautwabato (2023)
35
Article20(2) United Nations Universal Declaration of Human Rights 1948
36
Honorable Attorney General Versus Christopher Mtikila (civil appeal 20 0f 2007 [2008] Tzcas 57)
2.1.1 Right to work.
Development without protection right to work is like the ghost who beliefs in second life
opportunity. According to the law everyone has the right to work.37 For an individual to run his
life smoothly it should be involve in different human actives in order to acquire basic needs like
food, shelter, and clothes. And also the law open the door to everyone to make a choice of work
he need.38 Due to the choice will help him to map out the lifestyle skeleton for his own in order
to get all basic needs to him and family. And the law under this position is not cripple provide for
the guarantee of equal pay for equal work.39But for the international trade law become the van
without an engine for give out the image for an individual to cross border of his own country and
return,40even within the country,41 freedom of movement facilitate the trade development.42 And
another side of the hurt of the right to work is equality43
Therefore, the right of work it has the following contribution to the development of state and
individual life44.
2.1.2 African Charter on Human and Peoples' Rights (ACHPR) 1981 (Banjul Charter)
This charter was adopted in 1981 and entered into force in 1986, where by the African Charter
represents a regional commitment to human rights in the context of African realities and cultures.
Under Article 2245 this charter clearly establishes the right to development where as everyone has
the right before the law to improve his or her standard way of living without violating the Laws.
Also, Article 1946 of this charter States that all peoples shall be equal and shall enjoy the same
respect. This article also recognizes the importance of equality among individuals in the society
as a way towards development.
Also, in together with Article 2147 the African charter provides the right of peoples to freely
dispose of their wealth and natural resources. Under this article everyone has a right to dispose
their wealth freely without any interference, also they can dispose natural resources freely
without forgetting to abide the laws.
The Charter integrates civil and political rights with economic, social, and cultural rights. It
acknowledges both individual and collective rights, underscoring development as a collective
endeavor.

37
Article 23(1) United Nations Universal Declaration of Human Rights 1948
38
Article 23(1) United Nations Universal Declaration of Human Rights 1948
39
Article 23(2) United Nations Universal Declaration of Human Rights 1948
40
Article 13 (2) United Nations Universal Declaration of Human Rights 1948
41
Article 13 (1) United Nations Universal Declaration of Human Rights 1948
42
Simon Barnett,(18 July 2016), [Link]
freedom-of-movement, (accessed 8th June,2025)
43
Brian harris, the literature of the law, Universal law publisher [Link] ltd India p.g 335
44
Norbert J, (1995) understand the law, west publish company, Los [Link] 561 to 563
45
African Charter on Human and Peoples' Rights (ACHPR) 1981 (Banjul Charter)
46
ibid
47
ibid
Therefore, this charter Also Blends civil-political and socio-economic rights and duties—
highlighting the African communitarian approach.
This declaration was adopted by the United Nations General Assembly Resolution 41/128 on 4
December [Link] Defines development as a comprehensive economic, social, cultural, and
political process. Where by it emphasizes the right of peoples and individuals to participate,
contribute to, and enjoy economic, social, and political development.
Under Article 1(149) it declares the right to development as an inalienable human right.
Also, in according to Article 2(3): States have the duty to formulate appropriate national
development policies to improve the well-being of the entire population.
Also, Article 8(1)50: Emphasizes equitable participation of women in development. Through the
ages women have been denied their rights to participate in any activities relating to development.
For instance, the customary and traditional laws do not recognize woman as the one with rights
to participate in political, social and economic affairs but Men do have the full right. A woman
has no right to own dispose any wealth or natural resources under the traditional laws especially
in African societies.
Its Relevance to Human Rights-Based Development, The DRD emphasizes the full realization of
civil, political, economic, social, and cultural rights. It insists that development must benefit all
and uphold dignity, equity, and justice
African (Banjul) charter on human and peoples’ rights has rights as follows;
2.2.1. Social rights
This social rights helps the increase of development for the both state and individual
2.2.2 Education development
One of the road to the developments is education to the people of given area, no education no
development and the law required that every individual to enjoy the education rights the former
President of Mwalimu Julius kambarage Nyerere once said they need to fight against their enemy
ignorance and Edward Lowassa 2015 when he was the Ukawa candidate told a mammoth rally
that education would be his top priority if elected in power. All this means no way development
can be obtain without education. Also, all citizen on the given state have the right to access the
public services. That means all services like health service, water services, education services
and other services provided by the state government all people must give equally.
In Tanzania the right of education is the song which everyone can choice style of dance which he
thinks it fit to the rhythm of music. At the ruling of president Magufuli he bun for the school
girls who become pregnant to continue or to return to school even after they get birth. But after

48
[Link] accessed on 6 June 2025
49
African Charter on Human and Peoples' Rights (ACHPR) 1981 (Banjul Charter
50
ibid
Madam President Samia Hassan to take the power, she allowed them to back to school. Due to
this situation of the leaders of Tanzania the right of education is the game played by only leaders.
2.2.3 Respect of dignity inherent in a human being and to the recognition of his legal status.
Here law become a dog of two trails. The world passes to different period which created by the
people efforts and cause abuse of human rights among them by creating classes to them, but we
cannot guarantee to say that abuse of human rights is human efforts but it is result of their
efforts. The period of slave trade was human efforts where was the sale of man as commodities,
and it was carried the DNA of the cheap labor, classes, and force to work in long hours, but now
law prohibit it. On the issue of prohibition of torture, cruel, inhuman or degrading punishment
and treatments shall be prohibited.
CASE STUDY IN TANZANIA.
In Tanzania Respect of dignity inherent in a human being and to the recognition of his legal
status. There are numbers of law which does not guarantee the respect of dignity of person once
a person is found guilty of the offence which amount a capital offence.
Laws which guarantee torture, cruel, inhuman or degrading punishment and treatments
I .Penal code (Cap 16, R.E 2022)
ii. National Defense Act No. 24(1966)
Jurisprudence behind.
The laws the guarantee torture, cruel, inhuman or degrading punishment and treatments for the
reason of incapacitating the offender to commit another crime. In Tanzania laws are like walking
dead shadow the constitution required respect right to life also in another hand for the person
found guilty of murder and treason shall be punished through death by hanging
The status of capital punishment.
Even if the punishment seems to be expensive and unrepairable for the justice miscarriage, the
court of law held it is constitutionality.
2.2.4 Elimination of all forms of foreign economic exploitation.
The law even after the country to retain their independence still put the cure on economic
exploitation problem by the foreigners and create the balance of economic growth for the
individual between states. The law give to the state to ensure elimination of the all forms of
foreign economic exploitations which has the tendency of weak the people who are not in the
state power.
2.2.5 The adequate compensation.
Once a person has the possession of property that is development to that person and law give
direction on the act of spoliation the dispossessed shall have the right to the lawful recovering of
its as well as to a compensation. And the law open doors for the individual to dispose of their
wealth and natural resources. And the relational behind the position is to take back the owner is
the same position before he or she lose possession. according to Robert harried51
CASE STUDY IN TANZANIA.
This case study based on land acquisition and it compensation. In Tanzania it allows the
president to acquire any land for term public purpose. Where land is needed for commercial
developments or social services. It is a cardinal principle of the law that every person is entitled
to own property and to the protection of the same in according with law. Also in his book
Tenga, (2020) argue that it is on the backdrop that any deprivation of private property without
prompt and fair compensation contradicts any just system of law.
Jurisprudence behind compensation land acquisition
The compensation of the land acquisition in Tanzania is obtain fair legal status when is done
according to the constitution of united republic of Tanzania and the jurisprudence behind his is to
retain the owner of the land acquired to the position before he or she lose the land.
Assessment of compensation.
Here is the key of the fair compensation of the land if the assessment done and basing only to
benefit the government the owner of acquired land can suffer damage due to the poor or unfair
assessments done. According to Tenga, during assessment they consider the value of land at the
time of publication of the notice of acquisition and should be taken separate to the improvement
or work constructed but not improvement to be made of the purpose for which the land is
acquired and it shall consider the improvement.
2.2 Vienna Declaration and Programme of Action (1993)
This was adopted during the World Conference on Human Rights in 199352. This charter was
established to addresses all the Human rights toward development where it stipulates that
development and human rights are inseparable two sides of the same coin whereby for the
development to be achieved there must be human rights adhered.
In proving this statement above Paragraph 1053 of this article reaffirms the universality,
indivisibility, interdependence, and interrelatedness of all human rights.
Also, Paragraph 1154: provides for the right to development where it is recognized as a universal
and inalienable right.
Also, under Paragraph 7255: it emphasizes the importance of the international community in
facilitating development through cooperation where it provides that international communities
have a great contribution on facilitating through co-operation.

51
Local case studies in Africa land law, (2017)Pretoria University law press(PULP) p.g 107
52
[Link] accessed on May 6 2025
53
[Link] accessed on 6 may 2025
54
Vienna Declaration and Programme of Action (1993)
55
Ibid
The vital thing to know is that this article is important to the development as
It linked development and democracy with human rights
. It acknowledged that development requires participation, rule of law, and gender equality.
It marked a shift from needs-based to rights-based development.
Promoted gender equality, rights of indigenous peoples, and the role of civil society in
development.
Advocated for national ownership of development, based on the rule of law and democratic
governance.
2.3. Millennium Development Goals (Mdgs) 2000
These were adopted at the United Nations (UN) Millennium Summit in September 2000 by 189
nations to be achieved by 201556 . This declaration was established with the aim of achieving
eight goals by [Link] Eight goals that were established includes to;
1. Eradicate extreme poverty and hunger
2. Achieve universal primary education
3. Promote gender equality and empower women
4. Reduce child mortality
5. Improve maternal health
6. Combat HIV/AIDS, malaria, and other diseases
7. Ensure environmental sustainability
8. Develop a global partnership for development
The vital thing to remember is that this approach recognized core human development issues as
its point of strength but it lacked explicit human rights frameworks, enforceability, and
participatory mechanisms as its point of weakness. Although despite of those weaknesses it
paved the way for the Sustainable Development Goals (SDGs) with a stronger human rights
foundation. Under the Human Rights Perspective, although not legally binding, the MDGs were
aligned with economic and social rights but were criticized for being top-down and not
participatory enough.

3.0 CONCLUSION
Therefore, the development using human rights approach emphasizes the fulfillment of
fundamental freedoms and dignity over mere economic metrics. Whereas all instruments
56
[Link] accessed on 6 may 2025
57
[Link] accessed on 6 may 2025
discussed reflect that sustainable development is impossible without respect for human rights,
participation, non-discrimination, and accountability. General development frameworks evolve,
such as the transition from MDGs to SDGs, the human rights approach becomes more
prominent, emphasizing equality, empowerment, and justice. The evolution from declarations to
implementation frameworks shows a steady convergence of development and human rights.
Modern development must be rights-based: ensuring participation, accountability, non-
discrimination, transparency, and empowerment (PANTHER principles). The instruments
discussed collectively underscore that true development is people-centered and anchored in
universal human rights.