Professional Documents
Culture Documents
RIGHT TO DEVELOPMENT
Submitted To:
Submitted By:
FACULTY OF LAW
III YEAR
BA LLB (H)
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TABLE OF CONTENT
INTRODUCTION
BIBLIOGRAPHY
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ACKNOWLEDGEMENT
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INTRODUCTION
The discourse on rights in India predates the formation of the modern Indian state.
1) Providing an important basis to the nationalist discourse on freedom and
numerous other subaltern struggles, rights have formed an integral part of the
Indian polity. Representing claims made upon the State, the notion of rights has
played an important role in defining certain fundamental precepts of the
obligations and duties that the Indian State has towards its citizens.
2) The Constitution of India, drafted roughly around the same period as the
Universal Declaration of Human Rights provides for a separate chapter on the
protection and promotion of Fundamental Rights.
3) However, unlike the Universal Declaration that does not distinguish between
sets of rights (civil, political, economic, social and cultural), the Indian
Constitution makes a fundamental distinction between justiciable and nonjusticiable rights.
4) While the protection and promotion of civil and political rights is legally binding
upon the State, the responsibilities of promoting economic, social and cultural
rights are relatively less explicit.
Enlisted as Directive Principles of State Policy, these do not enjoy the justiciable
status of fundamental rights, but are nevertheless important as they embody policy
guidelines that are to be progressively realised and observed by the State in good
faith. The present study on the implementation of the right to development, builds
on the normative and legal foundations for linking rights with development in the
Indian context. While India is an official signatory to the UN Declaration on the
Right to Development, discussions on the specifics of the right to development at
the formal level have been limited.
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In the last few years, there has been a significant re-examination of the concept and
value attached to adopting a rights-based approach to development, especially in
reducing the levels of poverty and deprivation prevalent across large areas of the
globe. At the policy level, the main discussion has been in the United Nations
forum, where the adoption of the Declaration on the Right to Development has
provided a rallying point around which academics, policy-makers and civil society
may formulate concrete proposals identifying the main parameters of the right. The
current resurgence of interest in the right to development amongst policy makers
and academia comes at a time when concerns are being expressed about the
contradictions and biases of the process of globalisation, especially its effects on
the lives of the poor in the developing world. The present study is part of a larger
research project undertaken by the Franois-Xavier Bagnoud Center for Health and
Human Rights of the Harvard School of Public Health. The Centre for
Development and Human Rights (New Delhi) has attempted to document the
prospects and challenges confronting the implementation of the right to
development; thus this report focuses on the meaningful applications of the right to
development in the realisation of basic needs and rights in India. The report is
based on preliminary research undertaken by the Centre concerning the application
of a rights-based framework in the areas of food, health and education.
The report has five main sections. Section I lays down the basic precepts of the
right to development approach that differentiates it from other approaches to
development. Section II presents an historical overview of the process of
development in India encompassing a review of the goals, policies, approaches
and structures influencing the formulation and implementation of development
programmes. Section III reviews the possibilities and implications of adopting the
rights approach in fulfilling the basic needs related to food, health and education in
development.
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spiritual standards of living of all members of society, with respect for and in
compliance with human rights and fundamental freedoms."
In its resolution 4 (XXXIII) of 21 February 1977, the UN Commission on Human
Rights decided to pay special attention to consideration of the obstacles impeding
the full realization of economic, social and cultural rights, particularly in
developing countries, and of national and international action to secure the
enjoyment of those rights. Recognizing the right to development as a human right,
the Commission requested the UN Secretary-General to undertake a study on "the
international dimensions of the right to development as a human right in relation
with other human rights based on international cooperation, including the right to
peace, taking into account the requirements of the New International Economic
Order and fundamental human needs." The study was submitted and considered by
the Commission on Human Rights at its thirty-fifth session in 1979.
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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The right to development, by incorporating all human rights and recognizing that
all rights and freedoms are indivisible and interdependent, is presented as a fusion
of all human rights and fundamental freedoms. It is 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 c a l , e c o n o mi c ,
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of material goods and the ability to exercise their rights. Specic reference to the
cooperation to eliminate the obstacles to development is therefore made in the Vienna
Declaration, and Article 28 of the UDHR which state that Everyone is entitled to a
social International order in which the rights and freedoms set forth in this declaration can
be fully realized could be inferred to imply a right to the removal of the impediments
to 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 achievedif 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
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.
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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 satised 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.
Another contention that Donnelly nds 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
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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 fullled, 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 Donnellys 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 dutybearer.
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involves
both
national
and
international
dimensions
of
State
strengthens the basis for pro-poor growth with due attention to the rights
of the most marginalized;
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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;
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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)
The Right to Development includes:
self-determination
equality of opportunity
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quality of infrastructure built under this program, and unintended counterproductive destructive effects on the rural economy and inflation.
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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