development approaches development as a complex process which, through multiple
interactions in the economic, social, cultural and political spheres, generates continuous
process in terms of social justice, equality, well-being and respect for the fundamental
dignity of all individuals, groups and peoples, based on their effective participation in
all aspects of the development process.20
3. UN Declaration on Right to Development
The UN Declaration on the Right to Development was adopted in 1986 by a triumphant
majority in the UN General Assembly with the dissenting vote of the US, and eight
abstentions from voting.21The provisions of the UN Declaration circumscribe contents
of the right to development, the right holders and duty bearers and a development
process. It points the way to a right-based perspective considering international
human rights norms, participation, non-discrimination, accountability, transparency,
and decision-making and benefit sharing of the development process. The emphasis
on fundamental element of the right to development is contained in its provisions
relating to development for continuous advancement of the welfare of the entire
community and for every individual on the foundation of their independence and
meaningful cooperation. It is the object of development to provide equal opportunity
to the accessibility of basic resources, health services, food, shelter, education, jobs,
and fair distribution of income.
According to Stephen P, Marks,
[t]he Declaration takes a holistic, human-centred approach to development. It sees
development as a comprehensive process aiming to improve the well-being of the
entire population and in the fair distribution of the resulting process. In other words,
recognising development as a human right empowers all people to claim their active
participation in decisions that affect them — rather than merely being beneficiaries
of charity — and to claim an equitable share of the benefits resulting from the
development gains.
Alan Rosas has mentioned three facets of the UN Declaration on the Right to
Development: One, the value of participation; two, basic needs and social justice; and
three, national policies and programmes as well as international cooperation. These
facts include another perspective as:
(a) social justice through inclusion, equality and non-discrimination with the human
person as the subject of focus in development;
(b) participation and accountability;
Shyami Puvimanasinghe, ‘International Solidarity in an Interdependent World’ in UN Human Rights
Office of the High Commissioner, Supra note 16, at 185.
21
A/RES/41/128, Supra note 5. Denmark, Federal Republic of Germany, Finland, Iceland, Israel, Japan,
Sweden and the UK abstained from voting.
20
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Journal of the National Human Rights Commission, Vol. 22, 2023