Overview on Right to Development (original) (raw)
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The paper provides an overview of the concept of the "right to development," emphasizing its importance as an inalienable human right that interconnects economic, social, and cultural advancements. It discusses the historical context and legal foundations established by key figures, notably Keba M'Baye, and highlights the United Nations' recognition of this right through resolutions and declarations. By examining the interplay between human rights and economic development, the paper aims to elucidate the necessity of integrating these elements to foster global cooperation and progress.
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The Right to Development (RTD) is a notable, but a controversial third generation human right. It was formally pronounced in a 1986 Declaration passed by the UN General Assembly. The Declaration proclaims that the RTD has both international and national dimensions. Academic controversies surround the concept of the RTD: its status as a human right, the legal position of the right-holders and the duty-bearers, the mechanism of its implementation and a juridical definition of the word 'development'. The main principle underlying the international dimension of the RTD is the duty of cooperation or solidarity. Developing countries want to mainstream the RTD in the current international economic rules and policies. Developed countries are reluctant to concede this demand, arguing that they have no legal obligation to provide assistance to developing countries for their economic development. The RTD is thus a major contentious issue of the international political economy of deve...
Contemporary Approaches to Frameworking the Right to Develoment20190529 17047 1bcjjxw
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The Right to Development is an evolving trend in international human rights law. African countries have always been at the vanguard in advocating for universal recognition of this right. Sadly, the conception of the right to development by the 1986 Declaration on the Right to Development and allied development treaties does very little to advance development in developing countries. The problem is compounded by procedural constraints in the constitutions of southern states preventing the enforceability of this right. This work addresses the different dimensions to the right to development, it also assess the international legal framework. The failure of recognition and enforceability of this right is also considered. Finally, solutions are provided to guarantee its justiciability in developing countries.
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