Development is a Human Right
Contents:
1. What is the Right to Development?
2. Who are the rights holders and duty bearers of the Right to
Development?
3. The Right to Development in Regional Human Rights Systems and
Instruments
4. The Right to Development and the 2030 Agenda / SDGs
UN Declaration on the Right to Development (1986)
“an inalienable human right It is a human right, and the source
by virtue of which every of the human rights-based
human person and all approach to development
peoples are entitled to
participate in, contribute to, It is both individual and collective
and enjoy economic, social,
cultural and political
development, in which all It has both national and
human rights and international dimensions
fundamental freedoms can
be fully realized” (Article It entitles everyone to participate
1.1) in, contribute to and enjoy
development in its economic,
social, cultural and political
dimensions
Principles and Elements
People-centred development: “The human person” is the
central subject, participant and beneficiary of development
A human rights-based approach: Development should be
carried out in a manner “in which all human rights and
fundamental freedoms can be fully realized”
Participation: “Active, free and meaningful participation” of
all individuals and peoples
Non-discrimination: “No distinction as to race, sex,
language or religion”
Equity: “Fair distribution of the benefits” of development
Right of peoples to self-determination including full sover-
eignty over all their natural wealth and resources
Principles and Elements (cont’d)
States should promote international
Like all human rights, the principles of peace and security and disarmament
equality, non-discrimination, and use released resources for
participation, accountability and development
transparency are intrinsic to the RTD
Equality of opportunity for development
Development is a comprehensive is a prerogative for both nations and
economic, social, cultural and political individuals who make up nations
process, which aims at the constant
improvement of human well-being States have a duty to cooperate to
create an enabling local and global
The human person is the central environment for development and to
subject, active participant and eliminate obstacles to development
beneficiary of the RTD
The RTD requires appropriate national
and international development policies
States must act to eliminate human and an enabling social and international
rights violations of all forms order to realize all rights and freedoms
Who are the rights holders and duty bearers
of the right to development?
Rights Holders: The human being, both individually and collectively
• All individuals
• All peoples and the entire population
• Emphasis on women, children & other groups
Duty bearers:
• States have the primary responsibility to respect, protect and fulfil the
RTD at three levels (A/HRC/15/WG.2/TF/2/Add.2, )
i) Internally through national policies and programmes
ii) Internationally, through policies extending beyond their jurisdictions
iii) Collectively, through global and regional partnerships
• International Community
• All human beings, and all those whose actions and/or omissions have
an impact on human rights and on the environment in which these
rights are fulfilled
The RTD in Global and Regional
Human Rights Instruments and Systems
• United Nations Declaration on the Right to Development
• Inter-American Human Rights System
• African Human Rights System
• Arab Charter on Human Rights
• Association of Southeast Asian Nations (ASEAN)
Human Rights Declaration
• OIC Independent Permanent Human Rights Commission
– Abu Dhabi Declaration
Inter-American Human Rights System
Charter of the Organization of American States 1948
Details the concept, rights and duties of integral
development, the overall purpose of which should be
the “establishment of a more just economic and
social order that will make possible and contribute to
the fulfilment of the individual” (art. 33)
Integral development is the common and joint
responsibility of Member States (art. 31), preferably
through multilateral organizations (art. 32)
Cooperation among States in this regard “should include
the economic, social, educational, cultural, scientific and
technological fields, support the achievement of national
objectives of the Member States, and respect the
priorities established by each country in its development
plans, without political ties or conditions (art. 32)
Inter-American Human Rights System (cont’d)
American Convention on Human Rights 1969
Article 26. Progressive Development
The States Parties undertake to adopt measures, both internally and through
international cooperation, especially those of an economic and technical
nature, with a view to achieving progressively, by legislation or other
appropriate means, the full realization of the rights implicit in the economic,
social, educational, scientific, and cultural standards set forth in the Charter
of the Organization of American States as amended by the Protocol of
Buenos Aires
African Human and Peoples’ Rights System
African Charter on Human and Peoples ’ Rights 1981
Article 22
1. All peoples shall have the right to their
economic, social and cultural development with
due regard to their freedom and identity and in
the equal enjoyment of the common heritage of
mankind
2. States shall have the duty, individually or
collectively, to ensure the exercise of the right to
development
African Human and Peoples’ Rights System (cont’d)
CASE LAW
African Commission on Human and Peoples ’ Rights
• 55/96 : Social and Economic Rights Action Center (SERAC) and Center for
Economic and Social Rights (CESR) / Nigeria (2001)
• 227/99 Democratic Republic of Congo / Burundi, Rwanda, Uganda (2003)
• 266/03 Kevin Mgwanga Gunme et al / Cameroon (2009)
• 279/03-296/05 : Sudan Human Rights Organisation & Centre on Housing
Rights and Evictions (COHRE) / Sudan (2009)
• 276/03 Centre for Minority Rights Development (Kenya) and Minority
Rights Group (on behalf of Endorois Welfare Council) / Kenya (2009)
African Court on Human and Peoples ’ Rights
• 006/2012 – African Commission on Human and Peoples’ Rights v. Republic
of Kenya (2017)
Arab Charter on Human Rights 2004
Article 37
The right to development is a fundamental human right. All
State Parties shall establish development policies and take
measures to ensure this right. They must give effect to the
values of solidarity and cooperation among them and, at the
international level, to eliminate poverty and achieve
economic, social, cultural and political development. In
accordance with this right, every citizen shall have the right to
participate in the development, and contribute to and enjoy
the benefits, of their goods and fruits of their labour.
Other relevant Articles include:
Article 39
Young persons have the right to be
afforded the most ample
opportunities for physical and mental
development
Association of Southeast Asian Nations
(ASEAN) Human Rights Declaration 2012
A section of the ASEAN Human Rights Declaration (2012) is devoted to the right to
development. In paragraph 37, Member States recognize that the implementation
of the right to development requires effective development policies at the national
level as well as international cooperation, and that States should mainstream
aspects of the right to development into ASEAN community building as well as
work with the international community to promote development
See also:
Paragraph 35 (definition based on the UN
Declaration on the RTD)
Paragraph 36 (On the duty to adopt
development programmes including
sustainable development and progressive
narrowing of the development gap in ASEAN
Abu Dhabi Declaration 2016
Independent Permanent Human Rights Commission of the
Organization of Islamic Cooperation (OIC) adopted Abu Dhabi
Declaration in 2016.
The Declaration urged the OIC Member States
to take concrete and urgent actions to:
• reinvigorate political will for implementing the
RTD;
• mainstream human rights and the RTD norms into
development plans and ensure system-wide
coherence to bridge implementation gaps;
• strengthen international cooperation with
multilateral development institutions to address
persistent challenges and create linkages with the
ongoing international initiatives like the SDGs
taking into account national circumstances and
priorities
RTD and the 2030 Agenda
Resource Materials on the RTD
Online videos:
A booklet containing the UN
•
Declaration on the Right to Development is a
Development Human Right
Frequently Asked Questions, The Right to
OHCHR Fact sheet No. 37 Development for
everyone everywhere
A book – ‘Realizing the Right to
Development’
All materials are available at:
http://www.ohchr.org/EN/Issues/Development/
Landmarks in the Pages/InformationMaterials.aspx
recognition of
development as a http://www.ohchr.org/EN/Issues/Development/
human right Pages/DevelopmentIndex.aspx
Thank you!
